issue-1996-04-08•Federal Register final rules — 1996-04-08
Federal Register final rules — 1996-04-08
issue-1996-04-08Federal Register final rules — 1996-04-08Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-8676 Exchange Visitor Program
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15372-15374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8676]
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UNITED STATES INFORMATION AGENCY
22 CFR Part 514
Exchange Visitor Program
AGENCY: United States Information Agency.
ACTION: Interim final rule with request for comment.
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SUMMARY: The Agency is amending its regulations which will clarify the
procedures for requesting an extension of program duration for
designated sponsors seeking such extension on behalf of a professor or
research scholar participating in activities conducted by the sponsor.
This amendment will also provide new procedures whereby the Agency may
authorize a sponsor to design and conduct research programs that allow
for the participation of a professor or research scholar for a period
of time in excess of three years. Limitations governing the eligibility
for program participation of professor and research scholar
participants are also set forth. These limitations are set forth to
enhance the integrity and programmatic effectiveness of the Exchange
Visitor Program.
DATES: These rules are effective April 8, 1996. Written comments
regarding this rule will be accepted until May 23, 1996.
ADDRESSES: Comments regarding this rule must be presented in duplicate
and addressed as follows: United States Information Agency, Office of
the General Counsel, Rulemaking 120, 301 4th Street, SW., Washington,
DC 20547.
FOR FURTHER INFORMATION CONTACT:
Stanley S. Colvin, Assistant General Counsel, United States Information
Agency, 301 4th Street, SW., Washington, DC 20547; Telephone, (202)
619-4979.
SUPPLEMENTARY INFORMATION: On March 19, 1993, the Agency published a
final rule that set forth comprehensive regulations for the Exchange
Visitor Program (See 58 FR 15180.) This final rule defined clearly, the
obligations, duties and relationships owed to or existing between the
Agency, its designated exchange program sponsors, and exchange
participants. This rule also set forth, for the first time, specific
regulations governing professor and research scholar exchange
participants.
In formulating this comprehensive rule, the Agency consulted
extensively with designated sponsors conducting various exchange
activities under the umbrella of the Exchange Visitor Program. Thus,
the academic community was instrumental in assisting the Agency in its
drafting of regulations governing academic-based exchanges. This
assistance resulted in the devotion of particular attention to the
development of regulations governing professor and research scholar
regulations and the length of time such exchange visitors should be
permitted to participate in the Exchange Visitor Program.
Since 1949, a three year period of program duration has been
afforded to professor and research scholar participants. During the
development of the comprehensive rules published in 1993, the Agency
received numerous comments suggesting that the period of program
duration for professors and research scholars should be greater than
three years. The Agency studied these comments at length but was unable
to identify a compelling public diplomacy reason to abandon the long-
standing three year limitation governing the program participation of
professors and research scholars.
However, the Agency did recognize that in some circumstances an
extension of this three year period of program participation would
enhance the effectiveness of the Exchange Visitor Program. Accordingly,
and in consultation with the academic community, the Agency adopted
provisions that would allow the Responsible Officer of a designated
exchange program to extend, in his or her discretion and for a six
month period, the permitted length of program duration for a professor
or research scholar participating in that sponsor's program. Such six
month extension, if given, was to allow the professor or research
scholar to complete his or her program.
In similar fashion, the Agency adopted provisions whereby a
Responsible Officer could request that the Agency extend the program
duration of a professor or research scholar for up to an additional
three years. This regulatory provision, set forth at Sec. 514.20(j)),
has resulted in the false impression by some members of the academic
community that the period of time that a professor or research scholar
could participate in the program was now six, rather than three years.
This
[[Page 15373]]
impression is, in part, due to the Agency's use of the phrase ``good
cause'' in the regulations governing requests to the Agency for program
extensions. The academic community suggests that a professor or
research scholar's involvement in on-going research or an institution's
heavy reliance upon the professor or research scholar is sufficient to
satisfy the ``good cause'' threshold set forth in this regulation.
The Agency is of the opinion that on-going research and heavy
reliance as justification for an extension are not reconcilable with
the Agency's stated position that the period of program duration for a
professor or research scholar should remain at three years.
Accordingly, and in an effort to clarify and reinforce the Agency's
three year limitation on program duration, the ``good cause'' standard
is removed from Sec. 514.20(j) and replaced with an exceptional or
unusual'' circumstance standard. The Agency anticipates that
``exceptional or unusual'' circumstance will generally involve
situations in which the professor or research scholar has been
prevented from completing his or her program due to factors not
directly related to the project.
Due to the importance of maintaining valid program status and the
work authorization that flows therefrom, the Agency is adopting a time
requirement for the filing of extension requests. Such requests must be
filed with the Agency no less than 90 days from the expiration of the
exchange visitor's three year period of program duration. This time
limitation will permit the Agency to review the request and notify the
requesting sponsor well in advance of the expiration of the visitor's
program. Requests that are not timely filed will not be reviewed or
acted upon. The Agency will notify the requesting sponsor of its
decision which shall be the Agency's final decision. Requests for
reconsideration will not be accepted or acted upon.
At Sec. 514.20(i), the Agency restates the three year limitation on
program participation for professor and research scholar participants.
Also set forth in this regulation are new provisions whereby a
designated sponsor may request advance authorization from the Agency to
design and conduct a program in excess of three years duration. The
Agency is adopting very specific criteria for the authorization of such
programs in order to further the objectives and mission of the Exchange
Visitor Program. It is anticipated that participants in such programs
will be well advanced in their fields of study and considered senior
researchers or the equivalent thereof.
To this end, the Agency will readily authorize an extended program
in order to further international science projects conducted in the
United States. Also of interest to the Agency would be those programs
in which foreign-educated professor or research scholar participants
are selected for participation in foreign or United States Government
funded activities. Such projects and activities clearly promote the
public diplomacy mission underlying the Exchange Visitor Program.
The Agency adopts the foreign-educated requirement in order to
promote the exchange of international scholars. Such participants will
not, by definition, have spent years in undergraduate and graduate
studies at United States institutions or generally been afforded
assorted opportunities to work in the United States. The Agency
concludes that persons having previously spent years at United States
academic institutions as students or researchers will not further the
goals and objectives of the Exchange Visitor Program by participating
in yet another long-term project that prevents their return to their
home country.
Finally, the Agency adopts at Sec. 514.20(d), a new provision
directly limiting the eligibility for program participation of a
professor or research scholar. This provision is adopted as a safeguard
to the integrity of the Exchange Visitor Program. The Agency seeks to
prevent abuse of the exchange Visitor Program by prohibiting
participation by persons that have been in J visa status for a twelve
month period immediately preceding their participation as a professor
or research scholar. Accordingly, this regulation will bring to an end
the practice of issuing an IAP-66 form to a participant that has
completed a three year program as a professor or research scholar and
having that person exit the country and reenter under a ``new''
program. Further, this regulation will prohibit a student in J status
from becoming a professor research scholar participant unless Agency
authorization is given pursuant to Sec. 514.41.
Comment
The Agency concludes that these regulatory amendments increase the
clarity of promulgated regulations and will result in an enhanced
consistency of application. Further, these amendments will allow for
the more efficient utilization of scarce Agency resources. The Agency
invites comments regarding this interim final rule notwithstanding the
fact that it is under no legal requirement to do so. The oversight and
administration of the Exchange Visitor Program are deemed to be foreign
affairs functions of the Untied States Government. The Administrative
Procedures Act, 5 U.S.C. 553(a)(1)(1989), specifically exempts foreign
affairs functions from the rulemaking requirements of the Act.
The agency will accept comments for 45 days following publication
of this interim final rule. A final rule will be adopted upon Agency
review of all comments received.
In accordance with 5 U.S.C. 605(b), the Agency certifies that this
rule does not have a significant adverse economic impact on a
substantial number of small entities. This rule is not considered to be
a major rule within the meaning of section 1(b) of E.O. 12291, nor does
it have federal implications warranting the preparation of a Federalism
Assessment in accordance with E.O. 12612.
List of Subjects in 22 CFR Part 514
Cultural Exchange Programs.
Dated: April 3, 1996.
R. Wallace Stuart,
Acting General Counsel.
Accordingly, 22 CFR part 514 is amended as follows:
PART 514--EXCHANGE VISITOR PROGRAM
1. The authority citation for part 514 continues to read as
follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1258; 22 U.S.C. 1431-
1442, 2451-2460; Reorganization Plan No. 2 of 1977, 42 FR 62461, 3
CFR, 1977 Comp. p 200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 Comp. p
168, USIA Delegation Order No. 85-5 (50 FR 27393.)
2. Section 514.20 is amended by revising paragraphs (d), (i), and
(j) to read as follows:
Sec. 514.20 Professors and research scholars.
* * * * *
(d) Visitor eligibility. An individual may be selected for
participation in the Exchange Visitor Program as a professor or
research scholar subject to the following conditions:
(i) The participant is not placed in a tenure track position; and
(ii) The participant has not held or been afforded nonimmigrant
status under the provisions of 8 U.S.C. 1101(a)(15)(J) for the twelve
month period immediately preceding a sponsor's issuance of an IAP-66
form to the participant, unless the participant is transferring to the
sponsor's program as provided in Sec. 514.42.
* * * * *
(i) Duration of participation. The permitted duration of program
[[Page 15374]]
participation for a professor or research scholar shall be as follows:
(1) General limitation. The professor and research scholar shall be
authorized to participate in the Exchange Visitor Program for the
length of time necessary to complete his or her program, which time
shall not exceed three years.
(2) Exceptional circumstance. The Agency may authorize a designated
Exchange Visitor Program sponsor to conduct an exchange activity
requiring a period of program duration in excess of three years. A
sponsor seeking to conduct an activity requiring more than the
permitted three years of program duration shall make written request to
the Agency and secure written Agency approval. Such request shall
include:
(i) A detailed explanation of the exchange activity;
(ii) A certification that only foreign educated research scholars
will be selected to participate in the activity;
(iii) A certification that the research scholar will be supported
by United States or foreign government funds or that the research
scholar was selected for participation in the activity by a foreign
government.
(3) Change of category. A change between the categories of
professor and research scholar shall not extend an exchange visitor's
permitted period of participation beyond three years.
(j) Extension of program. Professors and research scholars may be
authorized program extensions as follows:
(1) Responsible officer authorization. A responsible officer may
extend, in his or her discretion and for a period not to exceed six
months, the three year period of program participation permitted under
Sec. 514.20(i). The responsible officer exercising his or her
discretion shall do so only upon their affirmative determination that
such extension is necessary in order to permit the research scholar or
professor to complete a specific project or research activity.
(2) Agency authorization. The Agency may extend, upon request and
in its sole discretion, the three year period of program participation
permitted under Sec. 514.20(i). A request for Agency authorization to
extend the period of program participation for a professor or research
scholar shall:
(i) Be submitted to the Agency no less than 90 days prior to the
expiration of the participant's permitted three year period of program
participation; and
(ii) Present evidence, satisfactory to the Agency, that such
request is justified due to exceptional or unusual circumstances and is
necessary in order to permit the researcher or professor to complete a
specific project or research activity.
(3) Timeliness. The Agency will not review a request for Agency
authorization to extend the three year period of program participation
permitted under Sec. 514.20(i) unless timely filed.
(4) Final decision. The Agency will respond to requests for Agency
authorization to extend the three year period of program participation
permitted under Sec. 514.20(i) within 45 days of Agency receipt of such
request. Such response shall constitute the Agency's final decision.
[FR Doc. 96-8676 Filed 4-5-96; 8:45 am]
BILLING CODE 8230-01-M
Complete official Federal Register PDF
FR Doc. 96-8645 Special Conditions: McDonnell Douglas Model DC9-10, -20, -30, - 40, -50, High-Intensity Radiated Fields
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Page 15372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8645]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM-122; Special Conditions No. 25-M-111]
Special Conditions: McDonnell Douglas Model DC9-10, -20, -30, -
40, -50, High-Intensity Radiated Fields
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final special conditions; request for comments; correction.
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SUMMARY: This action corrects the comment due date in a final special
conditions; request for comments, published on March 22, 1996, (61 FR
11728) concerning McDonnell Douglas Model DC9-10, -20, -30, -40, -50,
high-intensity radiated fields.
DATES: The effective date of these special conditions is March 14,
1996. Comments must be received on or before May 6, 1996.
ADDRESSES: Comments on these final special conditions, request for
comments, may be mailed in duplicate to: Federal Aviation
Administration, Office of the Assistant Chief Council, Attn: Rules
Docket (ANM-7), Docket No. NM-122, 1601 Lind Avenue SW, Renton,
Washington 98055-4056; or delivered in duplicate to the Office of the
Assistant Chief Council at the above address. Comments must be marked:
Docket No. NM-122.
FOR FURTHER INFORMATION CONTACT:
Gerald Lakin, (206) 227-1187.
Correction of Publication
In the final special conditions; request for comments, on page
11728 in the issue of Friday, March 22, 1996, make the following
correction:
In the DATES section on page 11728 in the third column the comments
due date was previously listed as April 6, 1996. This date should be
changed to read May 6, 1996.
Issued in Washington, DC on April 1, 1996.
Donald P. Byrne,
Assistant Chief Counsel.
[FR Doc. 96-8645 Filed 4-5-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-8631 Texas Regulatory Program
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15380-15382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8631]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 943
[SPATS No. TX-029-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Texas regulatory
program (hereinafter referred to as the ``Texas program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas
proposed revisions to rules pertaining to road systems, support
facilities, and utility installations. The amendment is intended to
revise the Texas program to be consistent with the corresponding
Federal regulations and incorporate the additional flexibility afforded
by the revised Federal regulations.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT:
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6548, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas program. Background information on the Texas
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the February
27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 943.10, 943.15, and 943.16.
II. Submission of the Proposed Amendment
By letter dated December 20, 1995 (Administrative Record No. TX-
608), Texas submitted a proposed amendment to its program pursuant to
SMCRA. Texas submitted the proposed amendment in response to a February
21, 1990, letter (Administrative Record No. TX-476) that OSM sent to
Texas in accordance with 30 CFR 732.17(c), and at its own initiative.
Texas proposed to revise Texas Coal Mining Regulations (TCMR)
708.008(71), definition of road; 780.154, road systems and support
facilities; 816.400-403, roads, primary roads, utility installations,
and support facilities (surface); 784.198, road systems and support
facilities (underground); 817.569-572, roads, primary roads, utility
installations, and support facilities (underground); 815.327, coal
exploration performance standards; and 827.651, coal processing plants
performance standards.
OSM announced receipt of the proposed amendment in the February 1,
1996, Federal Register (61 FR 3628), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on March 4, 1996.
By letter dated February 14, 1996 (Administrative Record No. TX-
608.04), Texas notified OSM that the references to Sections 780.154 and
784.198 at the end of proposed new subsections 816.401(b) and
817.570(b) were in error and removed the provisions.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and
[[Page 15381]]
paragraph notations to reflect organizational changes resulting from
this amendment.
A. Revisions to Texas' Regulations That Are Substantively Identical to
the Corresponding Provisions of the Federal Regulations
TCMR 701.008(71), Definition of ``Road'' (30 CFR 701.5); TCMR
780.154(a) (Surface Mining) and TCMR 784.198(a) (Underground Mining),
Plans and drawings (30 CFR 780.37(a) (Surface Mining) and 30 CFR
784.24(a) (Underground Mining)); TCMR 780.154(b) (Surface Mining) and
TCMR 784.198(b) (Underground Mining), Primary road certification (30
CFR 780.37(b) (Surface Mining) and 30 CFR 784.24(b) (Underground
Mining)); TCMR 780.154(c) (Surface Mining) and TCMR 784.198(c)
(Underground Mining), Support facilities (30 CFR 780.38 (Surface
Mining) and 30 CFR 784.30 (Underground Mining)); TCMR 816.400 (Surface
Mining) and TCMR 817.569 (Underground Mining), Roads: General (30 CFR
816.150 (Surface Mining) and 30 CFR 817.150 (Underground Mining)); TCMR
816.402 (Surface Mining) and TCMR 817.571 (Underground Mining), Utility
installations (30 CFR 816.180 (Surface Mining) and 30 CFR 817.180
(Underground Mining)); TCMR 816.403 (Surface Mining) and TCMR 817.572
(Underground Mining), Support facilities (30 CFR 816.181 (Surface
Mining) and 30 CFR 817.181 (Underground Mining)); TCMR 815.327(c),
Performance standards for coal exploration (30 CFR 815.15(b)); and TCMR
827.651(b), Coal processing plants: Performance standards (30 CFR
872.12(h)).
Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that Texas'
proposed rules are no less effective than the Federal rules.
B. TCMR 816.401 (Surface Mining) and TCMR 817.570 (Underground Mining)
At TCMR 816.401 (Surface Mining) and TCMR 817.570 (Underground
Mining), Texas proposed revisions that are substantively identical to
the corresponding provisions of the Federal regulations at 30 CFR
816.151 (Surface Mining) and 30 CFR 817.151 (Underground Mining),
except that at TCMR 816.401(b) and TCMR 817.570(b), Texas proposed to
include the language, ``or meet the requirements established under
Section 780.154 (784.198) of this chapter.'' By letter dated February
14, 1996 (Administrative Record No. TX-608.04), Texas notified OSM that
the references to Sections 780.154 and 784.198 at the end of proposed
new subsections 816.401(b) and 817.570(b) were in error and modified
its submittal to remove those references. Therefore, the revised
language is substantively identical to the corresponding Federal
regulations, and the Director finds that Texas' proposed rules are no
less effective than the Federal rules.
IV. Summary and Disposition of Comments
Public comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. The Texas Mining and
Reclamation Association responded by letter dated February 29, 1996,
and stated its Board of Directors and its operating companies ``fully
support the amendment'' (Administrative Record No. 608.07). Texas
Utilities Services, Inc., in a letter dated March 1, 1996, noted the
state language ``vehicle travel on other than established graded and
surfaced roads shall be limited by the person who conducts coal
exploration to that absolutely necessary to conduct the exploration''
has been deleted (Administrative Record No. 608.08). OSM acknowledges
this language has been deleted from TCMR 815.327(c)(1).
Because no one requested an opportunity to speak at a public
hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Texas program. The U.S. Army
Corps of Engineers responded by letter dated February 27, 1996, and
stated the proposed amendments to Texas Coal Mining Regulations were
satisfactory to the agency (Administrative Record No. TX-608.06). No
other Federal agency comments were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions that Texas proposed to make in this amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. TX-608.03). EPA
responded by letter dated February 23, 1996, and stated the agency had
no comments (Administrative Record No. TX-608.05).
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
TX-608.01). ACHP did not respond to OSM's request. The SHPO responded
on February 12, 1996, that the proposed amendment would have no effect
on National Register-eligible or listed properties or State
Archaeological Landmarks (Administrative Record No. TX-608.03).
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Texas on December 20, 1995, and as revised on
February 14, 1996.
The Director approves the rules as proposed by Texas with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM.
The Federal regulations at 30 CFR Part 943, codifying decisions
concerning the Texas program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language
[[Page 15382]]
of State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the
Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR Parts
730, 731, and 732 have been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 29, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T, part 943 of the Code of Federal Regulations is amended as
set forth below:
PART 943--TEXAS
1. The authority citation for Part 943 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 943.15 is amended by adding paragraph (m) to read as
follows:
Sec. 943.15 Approval of regulatory program amendments.
* * * * *
(m) The amendment submitted to OSM on December 20, 1995, and as
revised on February 14, 1996, is approved effective April 8, 1996.
[FR Doc. 96-8631 Filed 4-5-96; 8:45 am]
BILLING CODE 4310-05-M
Complete official Federal Register PDF
FR Doc. 96-8630 Indiana Regulatory Program
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15378-15380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8630]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-132-FOR; State Program Amendment No. 95-10]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
[[Page 15379]]
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Indiana
regulatory program (hereinafter referred to as the ``Indiana program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The amendment consists of the recodification of the Indiana Surface
Coal Mining and Reclamation Act, and it represents the Indiana
Legislative Services Agency's effort to streamline and simplify Indiana
natural resources law placing all such provisions in Title 14.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Roger W. Calhoun, Director, Indianapolis Field Office, Office of
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, 575 North Pennsylvania Street, Room 301, Indianapolis,
Indiana 46204-1521, Telephone (317) 226-6700.
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Indiana Program
On July 29, 1982, the Secretary of the Interior conditionally
approved the Indiana program. Background information on the Indiana
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the July 26,
1982, Federal Register (47 FR 32107). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
914.10, 914.15, and 914.16.
II. Submission of the Proposed Amendment
By letter dated September 11, 1995 (Administrative Record No. IND-
1508), Indiana submitted a proposed amendment to its program pursuant
to SMCRA. Indiana submitted the proposed amendment at its own
initiative. Indiana proposed recodification of the Indiana Surface Coal
Mining and Reclamation Act (ISCMRA), Title 13 of the Indiana Code (IC)
13-4.1, as enacted by the Indiana General Assembly under 1995 House
Enrolled Act 1047 (HEA 1047). HEA 1047 was signed into law by Governor
Evan Bayh on May 10, 1995. HEA repealed IC 13-4.1 and recodified its
substantive provisions at Title 14 of the Indiana Code (IC) 14-34.
Editorial changes, including minor structural and grammatical changes,
were made throughout the recodified statutes. Indiana, also, submitted
IC 14-8 which contains several definitional sections, including some
previously contained in IC 13-4.1, and savings provisions which state
that HEA 1047 is not intended to enact a substantive change to pre-
existing law, nor affect any rules promulgated, or rights or
liabilities accrued, under the authority of prior law. There were no
substantive revisions proposed by Indiana.
OSM announced receipt of the proposed amendment in the January 22,
1996, Federal Register (61 FR 1546), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on February 21, 1996.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, is the Director's finding concerning the
proposed amendment.
Indiana's proposed amendment concerns the recodification of the
Indiana Surface Coal Mining and Reclamation Act (SCMRA), Title 13 of
the Indiana Code (IC) 13-4.1, as enacted by the Indiana General
Assembly under 1995 House Enrolled Act 1047 (HEA 1047). HEA 1047 was
signed into law by Governor Evan Bayh on May 10, 1995. HEA repealed IC
13-4.1 and recodified its substantive provisions at Title 14 of the
Indiana Code (IC) 14-8 and 14-34. Indiana's proposed recodification of
its statutes is nonsubstantive in nature, and the Director finds that
the recodification does not render its statutes less stringent than
SMCRA.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Indiana program. Responding by
letter, the Natural Resources Conservation Service stated it had
reviewed the proposed amendment and had no comments (Administrative
Record No. IND-1516). No other comments were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions that Indiana proposed to make in this amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. Ind-1513). It
did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
Ind-1513). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above finding, the Director approves the proposed
amendment as submitted by Indiana on September 11, 1995.
The Federal regulations at 30 CFR part 914, codifying decisions
concerning the Indiana program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of
[[Page 15380]]
that section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments since each
such program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
List of Subjects in 30 CFR part 914
Intergovernmental regulations, Surface mining, Underground mining.
Dated: March 29, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T, part 914 of the Code of Federal Regulations is amended as
set forth below:
PART 914--INDIANA
1. The authority citation for Part 914 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 914.15 is amended by adding paragraph (ooo) to read as
follows:
Sec. 914.15 Approval of regulatory program amendments.
* * * * *
(ooo) Recodification of Indiana's statutes from IC 13-4.1 to IC 14-
8 and IC 14-34 as submitted to OSM on September 11, 1995, is approved
effective April 8, 1996.
[FR Doc. 96-8630 Filed 4-5-96; 8:45 am]
BILLING CODE 4310-05-M
Complete official Federal Register PDF
FR Doc. 96-8621 Export Certificates
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15365-15371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8621]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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========================================================================
Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules
and Regulations
[[Page 15365]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 353 and 354
[Docket No. 90-117-3]
RIN 0579-AA54
Export Certificates
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising the ``Phytosanitary Export Certification''
regulations, which concern inspection and phytosanitary certification
of plants and plant products offered for export.
The changes we are making will: Revise the requirements for
qualifying as an inspector; allow persons other than inspectors, to be
known as ``agents,'' to perform phytosanitary field inspections;
provide for use of a form specifically for certification of processed
plant products offered for export; provide for phytosanitary
certification of plants and plant products that are offered for
reexport from the United States after having been legally imported into
the United States; provide for industry-issued certification of certain
plant products under terms of an agreement between the industry and the
Animal and Plant Health Inspection Service; and specify that we will
issue only one certificate for any export consignment.
These actions will facilitate the export of American agricultural
products by providing additional types of certifications and ensuring
that a sufficient number of qualified individuals are available to
carry out Federal certification activities. We are also making minor
editorial changes to our user fee regulations for imports and exports.
EFFECTIVE DATE: May 8, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Narcy Klag, Senior Operations
Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 139,
Riverdale, Maryland 20737-1236; (301) 734-8537.
SUPPLEMENTARY INFORMATION:
Background
The Phytosanitary Export Certification regulations, contained in 7
CFR part 353 (referred to below as the regulations), set forth
procedures for obtaining phytosanitary certificates for domestic plants
and plant products offered for export.
On August 16, 1995, we published in the Federal Register (60 FR
42472-42479, Docket No. 90-117-1) a proposal to amend the regulations
to: (1) Revise the requirements for qualifying as an inspector; (2)
allow persons other than inspectors to perform phytosanitary field
inspections; (3) provide for use of a form specifically for
certification of processed plant products offered for export; (4)
provide for phytosanitary certification of plants and plant products
that are offered for reexport from the United States after having been
legally imported into the United States; (5) provide for industry-
issued certification of certain plant products under terms of an
agreement between the industry and the Animal and Plant Health
Inspection Service; and (6) specify that we will issue only one
certificate for any export consignment.
Comments and Responses
We solicited comments concerning our proposal for 30 days ending
September 15, 1995. We reopened and extended the deadline for comments
until October 16, 1995, in a document published in the Federal Register
on September 18, 1995 (Docket No. 90-117-2, 60 FR 48056). We received
14 comments by that date. They were from producers, exporters,
researchers, and representatives of State and foreign governments. They
are discussed below by topic.
Training of Agents
Several commenters suggested that the Animal and Plant Health
Inspection Service (APHIS) should take more responsibility for
providing, funding, and ensuring the quality of the annual training
required of agents by proposed Sec. 353.6(a)(2)(iii). They felt it was
an unwarranted strain on State resources to provide training for agents
engaged primarily in activities connected with the issuance of Federal
export certificates. Some also felt that APHIS should establish
standards for this training to ensure that agents trained in all States
have the necessary skills to perform their duties.
APHIS intends to provide some assistance to States including
technical expertise and assistance in developing training materials
with respect to the training of agents; however, the extent of
assistance will vary from year to year. While providing training is no
doubt a strain on some States' resources, we believe that the benefits
of the Cooperative Phytosanitary Export Certification Program (the
program) will outweigh its costs for most or all States. States may
withdraw from the voluntary program if they find this is not the case.
Because participation is voluntary, requirements of the program do not
constitute an unfunded Federal mandate.
Regarding standards for the content of agent training courses, the
proposal specified the standard course requirements we consider
necessary for agents. Section 353.6(a)(3) states that the required
training must include instruction in inspection procedures,
identification of plant pests of quarantine importance to importing
countries, methods of collection and submission of specimens (organisms
and/or plants or plant parts) for identification, and preparation and
submission of inspection report forms approved by the State plant
regulatory agency. We cannot provide more detailed training guidance
because of the wide variation between States with regard to crops and
pests of concern and State regulatory agency procedures. We believe the
proposed paragraph will ensure that agents receive training in the
necessary skills, without being unnecessarily restrictive.
One commenter suggested that the training requirement for agents
should specify that they should successfully complete the training, not
just receive the training. We agree, and are changing Sec. 353.6(a)(3)
to incorporate this suggestion.
Allowing State Employees Who Are Not Agents to Perform Field
Inspections
Regarding the use of trained and authorized agents to perform
phytosanitary field inspections as the
[[Page 15366]]
basis for certification, one commenter questioned whether employees of
State plant protection agencies who are not agents could perform this
work, under the supervision of an inspector. The commenter stated that
this approach would be more acceptable because most field inspections
are done by seasonal employees, such as college students who have not
yet completed the education or experience requirements to be agents.
The commenter believed that while such employees might not be able
to be certified as agents under the regulations, they could undergo the
annual training required for agents and could successfully perform
field inspections under the supervision of inspectors.
This comment distinguishes between field inspections which are
performed by official employees of a State agency, and inspections
performed by agents in general (e.g., agents employed by private
businesses).
We agree that properly trained and supervised State plant
protection agency employees could effectively perform field
inspections, even if they do not have all the qualifications necessary
to be designated as agents. State agencies have employed students to do
this type of work for many years, with good results. We believe that
State agencies, through long experience, have developed the management
controls, degree of supervision, and training programs that allow them
to use temporary or seasonal employees effectively in support of
regulatory programs.
Therefore we are changing the first sentence of Sec. 353.6 to
permit agents, inspectors, or employees of a State plant regulatory
agency who are authorized by the agency to perform field inspections.
Authorized State employees are required to successfully complete annual
training provided by the State plant regulatory agency in accordance
with paragraph (a)(2)(iii) of Sec. 353.6. Employees of a State plant
protection agency who are not agents may perform field inspections only
under the supervision of an inspector.
This change in response to comments will allow the effective use of
State employees in conducting field inspections, while ensuring these
employees have the training and supervision to conduct proper
inspections. Regarding field inspections performed by persons other
than State plant protection agency employees, this final rule continues
to require that only agents may perform field inspections. We
established the training and experience standards for agents precisely
to prevent the use of employees whose skills are undetermined, and who
are not bound by the well-established management controls of State
agencies, from performing field inspections. We believe that private
agents must possess the skills and experience described in this rule if
the program is to operate successfully and be accepted with confidence.
Enforcement and Penalties
Two commenters suggested that a significant number of industry-
issued certificates (non-phytosanitary certificates issued by a company
or industry association under Sec. 353.7(d)) might be inaccurate or
fraudulent, unless there is close monitoring and visible enforcement of
the regulatory requirements.
APHIS acknowledges the possibility that some inaccurate or
fraudulent certificates may be issued by industry. However, as one
commenter pointed out, it is in the long-term best interest of the
exporting industries to issue certificates accurately. The threat of
loss of business, if an inaccurate or fraudulent certificate is
discovered, is an effective deterrent.
In addition, APHIS intends to monitor the accuracy of industry-
issued certificates, and to investigate reports of inaccurate or
fraudulent certificates. Foreign plant protection services routinely
report to APHIS inaccurate information found in certificates. APHIS can
immediately terminate an agreement, and therefore, the authority of a
company to issue certificates, upon a determination that articles were
moved in violation of the regulations or any provision of the required
agreement. If an agreement has been withdrawn, the individual or
company representative cannot obtain a new agreement to issue
certificates for at least 12 months, in accordance with
Sec. 353.7(d)(2).
Loss of business and the possible withdrawal of authority to issue
certificates are therefore two strong motivations for companies to
comply with the regulations. In addition, civil and criminal penalties
may apply for willful violation of the regulations. For example, 18
U.S.C. 1001 provides that anyone who makes false, fictitious, or
fraudulent statements or representations regarding a matter within the
jurisdiction of a Federal agency is subject to a fine of up to $10,000,
imprisonment for up to five years, or both.
Several commenters stated that the major part of the expense and
the enforcement burden for this program seems to fall upon the States,
because their inspectors and agents will be delivering most of the
front-line services. Commenters especially noted the responsibilities
of States to coordinate use of agents and to use State inspectors to
issue phytosanitary certificates.
We believe that States will play an important role in providing
services, ensuring the integrity of the program, and identifying
possible violations. It is expected that for most States, the benefits
of participating in this program will outweigh the costs. If a State
finds this is not the case, the State may withdraw from this voluntary
program. In addition to the States, the involved industries, foreign
plant protection services, and APHIS also play important roles in
sharing information and conducting enforcement activities. In the long
run, APHIS hopes to work with States and industry to establish a level
of cooperation and compliance in this program that does not require a
heavy investment, State or Federal, in traditional enforcement
activities. This program will not succeed if compliance depends mainly
on continuing strict monitoring and enforcement activities; it will
only succeed if a majority of the governments, organizations, and
companies involved all perceive continuing benefits in complying with
program standards.
Allowing Only One Certificate To Be Issued for Each Consignment
Two commenters suggested changing proposed Sec. 353.5(c), which
states that only one certificate for any consignment shall be issued.
These commenters believe that this provision could cause problems for
both inspectors and exporters because large consignments are sometimes
broken up and shipped on separate vessels after the certificate is
issued. For example, an inspector might issue one certificate for a
consignment which is then shipped in multiple railcars to an ocean
port, where the contents could be transferred to more than one ocean
vessel for export. Under these circumstances, enough certificates are
needed to accompany multiple vessels.
We believe that issuing one certificate per consignment is an
important part of our effort to reform and improve export
certification. Limiting the number of certificates in circulation
increases control over the authenticity and accuracy of the
certificates, reduces the demand on APHIS and State resources, and in
some instances saves the exporter the cost of obtaining multiple
certificates. In addition, issuing one certificate per consignment is
consistent with the International Plant Protection Convention standards
for issuing
[[Page 15367]]
certificates and safeguarding their integrity.
The program has enough operational flexibility to avoid the types
of problems described in the commenters' examples. In the case
described above, the shipment would actually constitute multiple
consignments because the term ``consignment'' is defined as ``One
shipment of plants or plant products, from one exporter, to one
consignee, in one country, on one means of conveyance; or any mail
shipment to one consignee.'' Therefore, multiple certificates could be
issued. It is true that exporters would have to know the number of
consignments involved in their transaction when they request the
certificates, but we believe that most exporters possess this
information as part of the normal business planning process. Also, if
the exporter discovers when a shipment is being repacked,
containerized, or loaded at a seaport that the shipment will be sent on
multiple vessels, there will usually be enough time for the exporter to
request any necessary replacement certificates from the inspector who
issued the original certificate. The replacement certificates could be
sent by express mail to the port of arrival where the certified
shipment is destined. Therefore, we are not making any change based on
this comment.
Definition of Phytosanitary Certificate
One commenter noted that the revised definition of phytosanitary
certificate states that the certificate will be issued based on
inspection of the entire lot, which is not inconsistent with the
current practice of inspecting a representative sample. We agree, and
are changing the definition of phytosanitary certificate in Sec. 353.1
and Sec. 354.3 to retain the sense of the language prior to the
proposal, ``based on inspection of the entire lot or representative
samples.'' For clarity, we are adding a description of who may draw
representative samples. The revised definition of phytosanitary
certificate states that the certificate will be issued ``based on
inspection of the entire lot or representative samples drawn by a
Federal or State employee authorized to conduct such sampling.''
Qualifying Experience for Inspectors
One commenter pointed out that Sec. 353.6(b)(2)(i) stated that
inspectors must have experience in State or county regulatory
activities. This commenter suggested that experience in Federal
regulatory activities should also qualify.
We agree, and are changing the regulation to include experience in
Federal regulatory activities as qualifying experience.
Participation by Puerto Rico
One commenter asked whether the Commonwealth of Puerto Rico would
be eligible to participate in the Cooperative Phytosanitary Export
Certification Program. The answer is yes; the Commonwealth is
considered a State under the definition employed in this rule.
Other Comments
Several commenters submitted comments and suggestions outside the
scope of the current rulemaking. We are evaluating these comments in
the context of possible rulemaking on other subjects in the future.
One commenter seemed to misunderstand the relationship of
phytosanitary certification, which is for plants or plant products, and
the export certificate for processed plant products, which is not a
phytosanitary certificate. This commenter seemed to think that the
export certificate was a certification of the quality and consistency
of the processed product, similar to the marketing standards
documentation issued by the Agricultural Marketing Service. Since this
comment did not address issues raised in the proposal, no changes were
made in response to this comment.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule with the changes discussed in this document.
Review of Existing Regulations
This final rule is part of the cyclical review of Part 353--
Phytosanitary Export Certification, to meet regulatory review
requirements and in support of the President's Regulatory Reinvention
Initiative. Executive Order 12866 and Departmental Regulation 1512-1
require that agencies initiate reviews of currently effective rules to
reduce regulatory burdens and minimize impacts on small entities.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
Our changes to the requirements for qualifying as an inspector, and
the change allowing additional individuals to perform phytosanitary
field inspections, will have no measurable financial impact on those
entities involved in exporting plants and plant products. The changes
will help ensure that sufficient qualified personnel are available to
perform inspections.
In addition, allowing use of additional individuals to perform
phytosanitary field inspections could result in a cost savings to
industry through reduced duplication of effort in field inspection
activities. Currently, seed certifying agencies inspect crops for
genetic purity. Inspectors make a separate inspection of the crops in
the field to determine their phytosanitary condition under part 353.
Under this rule, ``agents'' can perform a single inspection for both
purposes. Large commercial seed companies will be the primary
beneficiaries of this change because their crops would be inspected in
a more efficient manner and will avoid the double inspection described
above.
This rule is not expected to significantly increase the number of
certificates for reexport issued by APHIS. APHIS currently issues
approximately 9,000 certificates for reexport each year. We estimate
that approximately 10 percent (900) of these certificates are issued to
small businesses, based on the size and value of the shipments.
We anticipate that allowing industry-issued certificates, and
inspector-issued export certificates specifically for processed plant
products (PPQ Form 578) will benefit exporters, including small
businesses, by facilitating exportation of plants and plant products.
Most of the articles eligible for such certificates are exported by
larger businesses, and we estimate that each year small businesses will
probably be issued fewer than 1,000 industry-issued certificates and
inspector-issued export certificates specifically for processed plant
products.
Exporters will be charged a user fee as stated in Sec. 354.3 upon
the issuance of commercial, private, and re-issued (voided and returned
certificates) export certificates, respectively. The justification for
and the analysis of the user fees can be found in the regulatory impact
analysis accompanying the final rule published on January 9, 1992 (57
FR 755-773, Docket No. 91-135).
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance
[[Page 15368]]
under No. 10.025 and is subject to Executive Order 12372, which
requires intergovernmental consultation with State and local officials.
(See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this final rule have been
approved by the Office of Management and Budget (OMB). The assigned OMB
control number is 0579-0052. Unfunded Mandate Reform Act of 1995.
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA,
APHIS generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, or tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. When such a statement is needed for a
rule, section 205 of the UMRA generally requires APHIS to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, more cost-effective or least burdensome alternative that
achieves the objectives of the rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) that may result in expenditures to
State local, and tribal governments, in the aggregate, or to the
private sector, of $100 million or more in any one year. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
List of Subjects
7 CFR Part 353
Exports, Plant diseases and pests, Reporting and recordkeeping
requirements.
7 CFR Part 354
Exports, Government employees, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Travel and
transportation expenses.
Accordingly, 7 CFR parts 353 and 354 are amended as follows:
1. Part 353 is revised to read as follows:
PART 353--EXPORT CERTIFICATION
Sec.
353.1 Definitions.
353.2 Purpose and administration.
353.3 Where service is offered.
353.4 Products covered.
353.5 Application for certification.
353.6 Inspection.
353.7 Certificates.
Authority: 7 U.S.C. 147a; 21 U.S.C. 136 and 136a; 44 U.S.C. 35;
7 CFR 2.22, 2.80, and 371.2(c).
Sec. 353.1 Definitions.
Administrator. The Administrator, Animal and Plant Health
Inspection Service, or any person authorized to act for the
Administrator.
Agent. An individual who meets the eligibility requirements set
forth in Sec. 353.6, and who is designated by the Animal and Plant
Health Inspection Service to conduct phytosanitary field inspections of
seed crops to serve as a basis for the issuance of phytosanitary
certificates.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Consignment. One shipment of plants or plant products, from one
exporter, to one consignee, in one country, on one means of conveyance;
or any mail shipment to one consignee.
Export certificate for processed plant products. A certificate (PPQ
Form 578) issued by an inspector, describing the plant health condition
of processed or manufactured plant products based on inspection of
submitted samples and/or by virtue of the processing received.
Family. An inspector or agent and his or her spouse, their parents,
children, and first cousins.
Industry-issued certificate. A certificate issued by a
representative of the concerned agricultural or forestry industry under
the terms of a written agreement with the Animal and Plant Health
Inspection Service, giving assurance that a plant product has been
handled, processed, or inspected in a manner required by a foreign
government.
Inspector. An employee of the Animal and Plant Health Inspection
Service, or a State or county plant regulatory official designated by
the Secretary of Agriculture to inspect and certify to shippers and
other interested parties, as to the phytosanitary condition of plant
products inspected under the Act.
Office of inspection. The office of an inspector of plants and
plant products covered by this part.
Phytosanitary certificate. A certificate (PPQ Form 577) issued by
an inspector, giving the phytosanitary condition of domestic plants or
unprocessed or unmanufactured plant products based on inspection of the
entire lot or representative samples drawn by a Federal or State
employee authorized to conduct such sampling.
Phytosanitary certificate for reexport. A certificate (PPQ Form
579) issued by an inspector, giving the phytosanitary condition of
foreign plants and plant products legally imported into the United
States and subsequently offered for reexport. The certificate certifies
that, based on the original foreign phytosanitary certificate and/or
additional inspection or treatment in the United States, the plants and
plant products are considered to conform to the current phytosanitary
regulations of the receiving country and have not been subjected to the
risk of infestation or infection during storage in the United States.
Plants and plant products which transit the United States under Customs
bond are not eligible to receive the phytosanitary certificate for
reexport.
Plant pests. Any living stage of any insects, mites, nematodes,
slugs, snails, protozoa, or other invertebrate animals, bacteria,
fungi, other parasitic plants or reproductive parts thereof, viruses,
or any organisms similar to or allied with any of the foregoing, or any
infectious substances, which can directly or indirectly injure or cause
disease or damage in any plants or parts thereof, or other products of
plants.
Plant products. Products derived from nursery stock, other plants,
plant parts, roots, bulbs, seeds, fruits, nuts, and vegetables,
including manufactured or processed products.
Plants and plant products. Nursery stock, other plants, plant
parts, roots, bulbs, seeds, fruits, nuts, vegetables and other plant
products, including manufactured or processed products.
State. Any of the States of the United States, the District of
Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto
Rico, or the Virgin Islands of the United States.
The Act. The act of Congress entitled ``Department of Agriculture
Organic Act of 1944,'' approved September 21, 1944 (58 Stat. 735),
section 102.
[[Page 15369]]
Sec. 353.2 Purpose and administration.
The export certification program does not require certification of
any exports, but does provide certification of plants and plant
products as a service to exporters. After assessing the phytosanitary
condition of the plants or plant products intended for export, relative
to the receiving country's regulations, an inspector issues an
internationally recognized phytosanitary certificate (PPQ Form 577), a
phytosanitary certificate for reexport (PPQ Form 579), or an export
certificate for processed plant products (PPQ Form 578), if warranted.
APHIS also enters into written agreements with industry to allow the
issuance of industry-issued certificates giving assurance that a plant
product has been handled, processed, or inspected in a manner required
by a foreign government.
Sec. 353.3 Where service is offered.
(a) Information concerning the location of inspectors who may issue
certificates for plants and plant products may be obtained by
contacting one of the following regional offices:
------------------------------------------------------------------------
Region States
------------------------------------------------------------------------
Northeastern, Blason II, 1st Floor, 505 CT, ME, MA, NH, RI, VT, NY,
South Lenola Road, Moorestown, NJ 08057. NJ, PA, MD, DE, VA, WI, MN,
IL, IN, OH, MI, WV.
Southeastern, 3505 25th Avenue, Building FL, AL, GA, KY, MS, TN, NC,
1, North, Gulfport, MS 39501. SC, PR, US VI.
Central, 3505 Boca Chica Blvd., Suite 360, TX, OK, NE, AR, KS, LA, IA,
Brownsville, TX 78521-4065. MO, ND, SD.
Western, 9580 Micron Avenue, Suite I, HI, CA, CO, ID, MT, UT, WY,
Sacramento, CA 95827. WA, OR, NV, NM, AZ, AK.
------------------------------------------------------------------------
(b) Inspectors who may issue phytosanitary certificates for
terrestrial plants listed in 50 CFR part 17 or 23 are available only at
a port designated for export in 50 CFR part 24, or at a nondesignated
port if allowed by the U.S. Department of the Interior pursuant to
section 9 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1538). The following locations are designated in 50 CFR part 24 as
ports for export of terrestrial plants listed in 50 CFR part 17 or 23:
(1) Any terrestrial plant listed in 50 CFR part 17 or 23:
Nogales, AZ
Los Angeles, CA
San Diego, CA
San Francisco, CA
Miami, FL
Orlando, FL
Honolulu, HI
New Orleans, LA
Hoboken, NJ (Port of New York)
Jamaica, NY
San Juan, PR
Brownsville, TX
El Paso, TX
Houston, TX
Laredo, TX
Seattle, WA
(2) Any plant of the family Orchidaceae (orchids) listed in 50 CFR
part 17 or 23:
Hilo, HI
Chicago, IL
(3) Roots of American ginseng (Panax quinquefolius) listed in 50
CFR 23.23:
Atlanta, GA
Chicago, IL
Baltimore, MD
St. Louis, MO
Milwaukee, WI
(4) Any plant listed in 50 CFR 17.12 or 23.23 and offered for
exportation to Canada:
Detroit, MI
Buffalo, NY
Rouses Point, NY
Blaine, WA
(5) Any logs and lumber from trees listed in 50 CFR 17.12 or 23.23:
Mobile, AL
Savannah, GA
Baltimore, MD
Gulfport, MS
Wilmington and Morehead City, NC
Portland, OR
Philadelphia, PA
Charleston, SC
Norfolk, VA
Vancouver, WA
(6) Plants of the species Dionaea muscipula (Venus flytrap):
Wilmington, NC
Sec. 353.4 Products covered.
Plants and plant products when offered for export or re-export.
Sec. 353.5 Application for certification.
(a) To request the services of an inspector, a written application
(PPQ Form 572) shall be made as far in advance as possible, and shall
be filed in the office of inspection at the port of certification.
(b) Each application shall be deemed filed when delivered to the
proper office of inspection at the port of certification. When an
application is filed, a record showing the date and time of filing
shall be made in such office.
(c) Only one application for any consignment shall be accepted, and
only one certificate for any consignment shall be issued.
(Approved by the Office of Management and Budget under control
number 0579-0052)
Sec. 353.6 Inspection.
Inspections shall be performed by agents, by inspectors, or by
employees of a State plant protection agency who are authorized by the
agency to perform field inspections in accordance with this part and
who have successfully completed training in accordance with paragraph
(a)(2)(iii) of this section. Employees of a State plant protection
agency who are not agents may perform field inspections only under the
supervision of an inspector.
(a) Agent. (1) Agents may conduct phytosanitary field inspections
of seed crops in cooperation with and on behalf of those State plant
regulatory agencies electing to use agents and maintaining a Memorandum
of Understanding with the Animal and Plant Health Inspection Service in
accordance with the regulations. The Memorandum of Understanding must
state that agents shall be used in accordance with the regulations in
this part. Agents are not authorized to issue Federal phytosanitary
certificates, but are only authorized to conduct the field inspections
of seed crops required as a basis for determining phytosanitary
condition prior to the issuance of a phytosanitary certificate for the
crops.
(2) To be eligible for designation as an agent, an individual must:
(i) Have the ability to recognize, in the crops he or she is
responsible for inspecting, plant pests, including symptoms and/or
signs of disease-causing organisms, of concern to importing countries.
(ii) Have a bachelor's degree in the biological sciences, and a
minimum of 1 year's experience in identifying plant pests endemic to
crops of commercial importance within the cooperating State, or a
combination of higher education in the biological sciences and
experience in identifying such plant pests, as follows:
0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.
The years of education and experience do not have to be acquired
consecutively.
(iii) Successfully complete annual training provided by the State
plant regulatory agency. The required training must include instruction
in inspection procedures, identification of plant pests of quarantine
importance to importing countries, methods of collection and submission
of specimens (organisms and/or plants or plant parts) for
identification, and preparation and submission of inspection report
forms
[[Page 15370]]
approved by the State plant regulatory agency.
(iv) Have access to Federal or State laboratories for the positive
identification of plants pests detected.
(3) No agents shall inspect any plants or plant products in which
they or a member of their family are directly or indirectly financially
interested.
(b) Inspector. (1) An employee of the Animal and Plant Health
Inspection Service, or a State or county regulatory official designated
by the Secretary of Agriculture to inspect and certify to shippers and
other interested parties, as to the phytosanitary condition of plants
and plant products inspected under the Act.
(2) To be eligible for designation as an inspector, a State or
county plant regulatory official must:
(i) Have a bachelor's degree in the biological sciences, and a
minimum of 1 year's experience in Federal, State or county plant
regulatory activities, or a combination of higher education in the
biological sciences and experience in State plant regulatory
activities, as follows:
0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.
The years of education and experience do not have to be acquired
consecutively.
(ii) Successfully complete, as indicated by receipt of a passing
grade, the Animal and Plant Health Inspection Service training course
on phytosanitary certification.
(3) No inspectors shall inspect any plants or plant products in
which they or a member of their family are directly or indirectly
financially interested.
(c) Applicant responsibility. (1) When the services of an agent or
an inspector are requested, the applicant shall make the plant or plant
product accessible for inspection and identification and so place the
plant or plant product to permit physical inspection of the lot for
plant pests.
(2) The applicant must furnish all labor involved in the
inspection, including the moving, opening, and closing of containers.
(3) Certificates may be refused for failure to comply with any of
the foregoing provisions.
Sec. 353.7 Certificates.
(a) Phytosanitary certificate (PPQ Form 577). (1) For each
consignment of domestic plants or unprocessed plant products for which
certification is requested, the inspector shall sign and issue a
separate certificate based on the findings of the inspection.
(2) The original certificate shall immediately upon its issuance be
delivered or mailed to the applicant or a person designated by the
applicant.
(3) One copy of each certificate shall be filed in the office of
inspection at the port of certification, and one forwarded to the
Administrator.
(4) The Administrator may authorize inspectors to issue
certificates on the basis of inspections made by cooperating Federal,
State, and county agencies.
(5) Inspectors may issue new certificates on the basis of
inspections for previous certifications when the previously issued
certificates can be canceled before they have been accepted by the
phytopathological authorities of the country of destination involved.
(b) Export certificate for processed plant products (PPQ Form 578).
(1) For each consignment of processed plant products for which
certification is requested, the inspector shall sign and issue a
certificate based on the inspector's findings after inspecting
submitted samples and/or by virtue of processing received.
(2) The original certificate shall immediately upon its issuance be
delivered or mailed to the applicant or a person designated by the
applicant.
(3) One copy of each certificate shall be filed in the office of
inspection at the port of certification.
(4) The Administrator may authorize inspectors to issue
certificates on the basis of inspections made by cooperating Federal,
State, and county agencies.
(5) Inspectors may issue new certificates on the basis of
inspections/processing used for previous certifications.
(c) Phytosanitary certificate for reexport (PPQ Form 579). (1) For
each consignment of foreign origin plants or unprocessed plant products
for which certification is requested, the inspector shall sign and
issue a certificate based on the original foreign phytosanitary
certificate and/or additional inspection or treatment in the United
States after determining that the consignment conforms to the current
phytosanitary regulations of the receiving country and has not been
subjected to the risk of infestation or infection during storage in the
United States.
(2) The original certificate shall immediately upon its issuance be
delivered or mailed to the applicant or a person designated by the
applicant.
(3) One copy of each certificate shall be filed in the office of
inspection at the port of certification, and one forwarded to the
Administrator.
(4) The Administrator may authorize inspectors to issue
certificates on the basis of inspections made by cooperating Federal,
State, and county agencies.
(5) Inspectors may issue new certificates on the basis of
inspections for previous certifications when the previously issued
certificates can be canceled before they have been accepted by the
phytopathological authorities of the country of destination involved.
(d) Industry-issued certificate. A certificate issued under the
terms of a written agreement between the Animal and Plant Health
Inspection Service and an agricultural or forestry company or
association giving assurance that a plant product has been handled,
processed, or inspected in a manner required by a foreign government.
The certificate may be issued by the individual who signs the agreement
or his/her delegate.
(1) Contents of written agreement. In each written agreement, APHIS
shall agree to cooperate and coordinate with the signatory agricultural
or forestry company or association to facilitate the issuance of
industry-issued certificates and to monitor activities under the
agreement, and the concerned agricultural or forestry company or
association agrees to comply with the requirements of the agreement.
Each agreement shall specify the articles subject to the agreement and
any measures necessary to prevent the introduction and dissemination
into specified foreign countries of specified injurious plant pests.
These measures could include such treatments as refrigeration, heat
treatment, kiln drying, etc., and must include all necessary
preshipment inspections and subsequent sign-offs and product labeling
as identified by Plant Protection and Quarantine (PPQ), APHIS, based on
the import requirements of the foreign country.
(2) Termination of agreement. An agreement may be terminated by any
signatory to the agreement by giving written notice of termination to
the other party. The effective date of the termination will be 15 days
after the date of actual receipt of the written notice. Any agreement
may be immediately withdrawn by the Administrator if he or she
determines that articles covered by the agreement were moved in
violation of any requirement of this chapter or any provision of the
agreement. If the withdrawal is oral, the decision to withdraw the
agreement and the reasons for the withdrawal of the agreement shall be
confirmed in writing as promptly as circumstances permit. Withdrawal of
an agreement may be
[[Page 15371]]
appealed in writing to the Administrator within 10 days after receipt
of the written notification of the withdrawal. The appeal shall state
all of the facts and reasons upon which the appellant relies to show
that the agreement was wrongfully withdrawn. The Administrator shall
grant or deny the appeal, in writing, stating the reasons for granting
or denying the appeal as promptly as circumstances permit. If there is
a conflict as to any material fact and the person from whom the
agreement is withdrawn requests a hearing, a hearing shall be held to
resolve the conflict. Rules of practice concerning the hearing shall be
adopted by the Administrator. No written agreement will be signed with
an individual or a company representative of the concerned agricultural
or forestry company or association who has had a written agreement
withdrawn during the 12 months following such withdrawal, unless the
withdrawn agreement was reinstated upon appeal.
(Approved by the Office of Management and Budget under control
number 0579-0052)
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
2. The authority citation for part 354 continues to read as
follows:
Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C.
1741; 7 CFR 2.22, 2.80, and 371.2(c).
3. In Sec. 354.3, paragraph (a), the definitions for Designated
State inspector and Processed product certificate are removed; new
definitions for Designated State or county inspector and Export
certificate for processed plant products are added in alphabetical
order; the definitions for Phytosanitary certificate and Phytosanitary
certificate for reexport are revised, and paragraph (g)(2) is revised
to read as follows:
Sec. 354.3 User fees for certain international services.
(a) * * *
* * * * *
Designated State or county inspector. A State or county plant
regulatory official designated by the Secretary of Agriculture to
inspect and certify to shippers and other interested parties, as to the
phytosanitary condition of plant products inspected under the
Department of Agriculture Organic Act of 1944.
Export certificate for processed plant products. A certificate (PPQ
Form 578) issued by an inspector, describing the plant health condition
of processed or manufactured plant products based on inspection of
submitted samples and/or by virtue of the processing received.
* * * * *
Phytosanitary certificate. A certificate (PPQ Form 577) issued by
an inspector, giving the phytosanitary condition of domestic plants or
unprocessed or unmanufactured plant products based on inspection of the
entire lot or representative samples drawn by a Federal or State
employee authorized to conduct such sampling.
Phytosanitary certificate for reexport. A certificate (PPQ Form
579) issued by an inspector, giving the phytosanitary condition of
foreign plants and plant products legally imported into the United
States and subsequently offered for reexport. The certificate certifies
that, based on the original foreign phytosanitary certificate and/or
additional inspection or treatment in the United States, the plants and
plant products are considered to conform to the current phytosanitary
regulations of the receiving country and have not been subjected to the
risk of infestation or infection during storage in the United States.
Plants and plant products which transit the United States under Customs
bond are not eligible to receive the phytosanitary certificate for
reexport.
* * * * *
(g) * * *
(2) There is no APHIS user fee for a certificate issued by a
designated State or county inspector.
* * * * *
Done in Washington, DC, this 2nd day of April 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8621 Filed 4-5-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-8533 Iranian Assets Control Regulations; Shams Pahlavi Assets Unblocked; Correction
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Page 15382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8533]
=======================================================================
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 535
Iranian Assets Control Regulations; Shams Pahlavi Assets
Unblocked; Correction
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; amendment to the list of persons whose assets are
subject to blocking; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to a typographical error
appearing in a final regulation published Monday, March 4, 1996 [61 FR
8216].
EFFECTIVE DATE: April 5, 1996.
FOR FURTHER INFORMATION CONTACT: Regarding the status of blocked
assets, Loren L. Dohm, Blocked Assets Division (tel.: 202/622-2440);
regarding legal questions, William B. Hoffman, Chief Counsel (tel.:
202/622-2410); Office of Foreign Assets Control, Department of the
Treasury, Washington, D.C. 20220.
SUPPLEMENTARY INFORMATION:
Background
Section 535.217(b) of the Iranian Assets Control Regulations, 31
CFR part 535, was amended effective March 1, 1996, to reflect changes
in the status of litigation brought by Iran against close relatives of
the former Shah of Iran seeking the return of property alleged to
belong to Iran. Reference to Shams Pahlavi, sister of the former Shah
of Iran, was deleted from Sec. 535.217(b).
Need for Correction
As published, the final regulation contained a typographical error
requiring correction.
Correction of Publication
Accordingly, the publication on March 4, 1996, of the final
regulation [FR Doc. 96-4899][61 FR 8216] is corrected as follows:
Sec. 535.217 [Corrected]
On page 8216, in the third column, following paragraph 2., the
section number in the title of the section being amended is corrected
to read ``Sec. 535.217'' rather than ``Sec. 535.201.''
Dated: April 1, 1996.
William B. Hoffman
Chief Counsel, Office of Foreign Assets Control.
[FR Doc. 96-8533 Filed 4-5-96; 8:45 am]
BILLING CODE 4810-25-F
Complete official Federal Register PDF
FR Doc. 96-8518 Designation of Public Works Impact Program Areas: Simplification and Streamlining of Regulations; Correction
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15371-15372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8518]
=======================================================================
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DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Part 301
[Docket No. 950525142-6078-03]
RIN 0610-AA47
Designation of Public Works Impact Program Areas: Simplification
and Streamlining of Regulations; Correction
AGENCY: Economic Development Administration (EDA), Commerce.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to EDA's final rule which
adopted EDA's interim-final rule (60 FR 56702), September 26, 1995, as
modified by the changes noted in the final rule (61 FR 7979), published
and effective on March 1, 1996. This correction is to the regulation on
requirements for Public Works Impact Program Area (PWIP) designations.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT:
Awilda R. Marquez, (202) 482-4687; fax number: (202) 482-5671.
SUPPLEMENTARY INFORMATION:
Background
EDA amended its entire body of regulations to make them easier to
read and to understand, by removing numerous unnecessary, redundant,
and outdated parts, sections and portions thereof, and by clarifying
and simplifying those remaining. The final rule includes program
requirements, evaluation criteria, and the selection process in
implementing programs under the Public Works and Economic Development
Act of 1965, as amended, (PWEDA or the Act), the Trade Act of 1974, as
amended (the Trade Act), and other applicable statutes.
Need for Correction
As published, the final rule contains an error which may prove to
be misleading and is in need of clarification. Currently,
Sec. 301.6(a)(4) requires a redevelopment area to meet the
qualifications of (a) through (d) of Sec. 301.5. Paragraph (d) requires
an overall economic development plan (OEDP) to be submitted to EDA.
Since not requiring an OEDP from entities is what the Act provides,
Sec. 301.6(a)(4) is being corrected by deleting the reference to
paragraph (d) of Sec. 301.5.
List of Subjects in 13 CFR Part 301
Community development.
Accordingly, 13 CFR Part 301 is corrected by making the following
correcting amendment:
PART 301--DESIGNATION OF AREAS
1. The authority citation for Part 301 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 301.6 is amended by revising paragraph (a)(4) to read as
follows:
Sec. 301.6 Designation of public works impact program areas.
(a) * * *
(4) An actual or threatened abrupt rise of unemployment due to the
closing or
[[Page 15372]]
curtailment of a major source of employment. The area must meet the
qualifications as set forth in Sec. 301.5 (a) through (c). Although no
boundary constraints, as set forth in Sec. 301.13, shall apply, the
area for which designation is sought must be one for which EDA can
obtain data establishing its eligibility for designation.
* * * * *
Dated: April 1, 1996.
Wilbur F. Hawkins,
Deputy Assistant Secretary for Economic Development.
[FR Doc. 96-8518 Filed 4-5-96; 8:45 am]
BILLING CODE 3510-24-M
Complete official Federal Register PDF
FR Doc. 96-8513 Coverage of Apprenticeship Programs Under the Age Discrimination in Employment Act (ADEA)
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15374-15378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8513]
=======================================================================
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1625
Coverage of Apprenticeship Programs Under the Age Discrimination
in Employment Act (ADEA)
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
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SUMMARY: On July 3, 1995 pursuant to Executive Orders 12067 and 12866,
the Commission approved for inter-agency coordination and subsequent
review by the Office of Management and Budget (OMB) a Notice of
Proposed Rulemaking (NPRM) that would rescind the current
apprenticeship regulation (29 C.F.R. Sec. 1625.13) and replace it with
a legislative regulation providing that apprenticeship programs are
subject to the ADEA. The Commission then published the NPRM in the
Federal Register for public comment on October 3, 1995. See 60 FR 51762
(Oct. 3, 1995). Based on a careful analysis of the comments received in
response to the NPRM, a reassessment of the statutory language and
legislative history of the ADEA, a review of case law and related
statutes, and a thorough examination of the history of apprenticeship
programs, the Commission has determined that a rule covering
apprenticeship programs will better advance the ADEA's objectives of
promoting the employment of older persons based on their ability rather
than age and prohibiting arbitrary age discrimination in employment.
Therefore, pursuant to sec. 9 of the ADEA, 29 U.S.C. Sec. 628, the
Commission is removing sec. 1625.13 from its Interpretive Regulations,
found in 29 C.F.R. Part 1625 and is adding in Part 1625, a new sec.
1625.21 under Subpart B - Substantive Regulations. The new sec. 1625.21
will subject all apprenticeship programs to the prohibitions of the Act
unless otherwise specifically exempted under sec. 9, 29 U.S.C.
Sec. 628, in accordance with the procedures set forth in 29 C.F.R.
1627.15, or if excepted under section 4(f)(1) of the ADEA, 29 U.S.C.
Sec. 623 (f)(1).
Copies of this final rule are available in the following alternate
formats: large print, braille, electronic file on computer disk, and
audio tape. Copies may be obtained from the Office of Equal Employment
Opportunity by calling (202) 663-4395 (voice) or (202) 663-4399 (TDD).
EFFECTIVE DATE: This rule takes effect on May 8, 1996.
FOR FURTHER INFORMATION CONTACT: Joseph N. Cleary, Assistant Legal
Counsel or James E. Cooks, Senior Attorney Advisor, (202) 663-4690
(voice), (202) 663-7026 (TDD).
SUPPLEMENTARY INFORMATION:
Historical Background.
The Department of Labor (DOL) was initially given jurisdiction over
the enforcement of the ADEA. In 1969, DOL published an interpretation
that excluded apprenticeship programs from the ADEA. See 34 Fed. Reg.
323 (January 9, 1969). The rationale given by DOL for the ``no-
coverage'' position was that apprenticeship programs had been
traditionally limited to youths under a specified age in recognition of
apprenticeship as an extension of the educational process.
The Commission assumed responsibility for enforcing the ADEA
pursuant to Reorganization Plan No. 1 of 1978. See 45 Fed. Reg. 19807
(May 9, 1978). In June of 1979, the Commission published a notice in
the Federal Register advising the public that all DOL interpretive
guidelines on the ADEA would remain in effect until such time as the
Commission could issue its own guidelines. See 44 Fed. Reg. 37974 (June
29, 1979). In November of 1979, the Commission published its own
proposed ADEA Guidelines, but did not include a proposal on the
apprenticeship issue. See 44 Fed. Reg. 68858 (Nov. 30, 1979).
On September 23, 1980, the Commission preliminarily approved a
proposed recision of the DOL position on apprenticeship and voted to
replace it with a legislative rule providing for coverage of
apprenticeship programs. The Commission then published for comment a
proposed legislative rule stating that age limitations in
apprenticeship programs would be unlawful under the ADEA unless
[[Page 15375]]
justified as a bona fide occupational qualification (BFOQ) or
specifically exempted by the Commission under sec. 9 of the Act. See 45
Fed. Reg. 64212 (Sept. 29, 1980).
After considering the public comments submitted in response to this
proposal, the Commission declined to adopt it by a vote of 2-2. It then
republished the DOL interpretive rule as part of its final ADEA
interpretations. See 46 Fed. Reg. 47726 (Sept. 29, 1981).
In August of 1983, a United States District Court in New York
reviewed the Commission's position on the applicability of the ADEA to
apprenticeship programs in Quinn v. New York State Electric and Gas
Corp., 569 F. Supp. 655 (1983). The Quinn court, inter alia, found the
interpretation invalid because it was not supported by ``the language,
purpose, and legislative history of the ADEA.'' Quinn, 569 F. Supp. at
664. The Commission, however, was not a party in this case, and the
court's decision did not require that the Agency take any action
regarding its apprenticeship interpretation.
In 1984 the Commission revisited the issue, expressing serious
concern about the interpretation. Prompted by this concern, the
Commission voted 4-0 to send a proposal to the Office of Management and
Budget (OMB) that would rescind the apprenticeship interpretation and
replace it with a legislative rule covering apprenticeship programs
under the Act. However, the proposal was never published in the Federal
Register for public comment. On July 30, 1987, the Commission voted 3-1
to terminate the proposed regulatory action and affirmatively approved
the interpretation excluding apprenticeship programs. See 52 Fed. Reg.
33809 (Sept. 8, 1987).
In 1995, a lawsuit was filed against the Commission challenging the
interpretation as an arbitrary and capricious agency action within the
meaning of the Administrative Procedure Act. 5 U.S.C. 551 et seq. The
Commission has taken the position that its prior actions with respect
to the difficult issue of the proper relationship between the ADEA and
apprenticeship programs were reasonable, deliberate, and taken in good
faith. The Commission has rejected any claim that it acted in a manner
that is arbitrary and capricious or otherwise inconsistent with law.
The Commission also determined, however, that neither the ADEA nor
its legislative history required the existing position or prohibited
the adoption of a new rule--both are silent on the issue. Therefore,
because of changing circumstances in the workforce and structural
changes in the workplace, the Commission decided to propose for comment
a new legislative rule covering apprenticeship programs under the ADEA.
See 60 FR 51762 (Oct.3, 1995). The Commission took the position that
this action was necessary to insure the most appropriate policy in
light of present circumstances in the country which affect both
employers and employees.1
\1\ An ``[a]dministrative agency concerned with furtherance of
the public interest is not bound to rigid adherence to its prior
rulings.'' Columbia Broadcasting System v. Federal Communications
Commission, 454 F.2d 1018, 1026 (D.C. Cir. 1971).
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Public Comment
A. Introduction
Through the Notice of Proposed Rulemaking, the Commission sought to
examine various factors which contribute to many of the problems facing
older workers, applicants for employment generally, and employers. The
Commission submitted a series of questions for public consideration
which it deemed vital to its assessment of whether apprenticeship
programs should be covered under the ADEA. Members of the public were
given a 60 day period within which to comment, and the Commission has
carefully studied the viewpoints of the commenters.
The comments received represented the views of employers, labor
organizations, state and local government agencies, a legal services
organization, and advocacy groups for older workers, women, and
minorities. A clear majority of commenters, representing the interests
of large constituencies, favor rescinding the current interpretation
and promulgating the proposed rule. However, a large industry
membership organization was among the commenters who favor retaining
the current interpretation. The discussion which follows is a question-
by-question analysis of the comments received.
B. Analysis of Comments
1. The EEOC's Authority to Issue the New Rule
Commenters supporting the proposed rule argue that the ADEA is a
remedial civil rights statute and as such its coverage should be
interpreted broadly by the Commission with exceptions narrowly
construed. They believe that the existing rule exceeded the authority
of the Commission as well as the Department of Labor. They believe that
the Commission has full authority to promulgate a new regulatory
position regarding coverage of apprenticeship programs.
On the other hand, one commenter favoring retention of the current
position states that Congress never intended to cover apprenticeship
programs under the ADEA, and that the Commission is without authority
to change its existing interpretation on coverage of apprenticeship
programs. This commenter cites to statements by individual legislators
to the effect that only ``qualified'' older workers were covered by the
Act, arguing that this supports the view that apprentices are excluded
from coverage. It notes that the present interpretation has gone
unchallenged by Congress in the over 26 years it has been in existence.
The commenter draws an inference in support of its position from the
fact that Congress omitted from the ADEA explicit language covering
apprenticeship programs even though it had included such specific
language in Title VII of the Civil Rights Act of 1964, as amended. See
42 U.S.C. 2000e-2 (d).
The Commission certainly agrees that it would not have authority to
promulgate this rule if it were clear from the statute or its
legislative history that Congress exempted apprenticeship programs from
the ADEA. In the Commission's view, however, nothing in the statute or
its legislative history prevents it from exercising its broad
legislative rulemaking authority under sec. 9 of the Act, 29 U.S.C.
628, and promulgating a rule covering apprenticeship programs.
The ADEA is a remedial statute which should be broadly
construed.2 The statute and its history are silent regarding
apprenticeship programs and neither compel nor preclude their coverage.
The references in the legislative history to ``qualified older
workers'' are properly construed to mean only that employers could
reject applicants for apprenticeship programs who were not
``qualified'' for admission. The omission by Congress of specific
language covering apprenticeship programs is not dispositive because
the Act plainly covers employers and unions. Either separately or in
combination these entities sponsor virtually all apprenticeship
programs. Thus, Congress had no need to address apprenticeship programs
explicitly.
\2\ See Oscar Mayer and Co. v. Evans, 441 U.S. 750, 765 (1979);
United Air Lines, Inc. v. McMann, 434 U.S. 192, 217-18 (1977).
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Moreover, the mere fact of the longevity of the previous
interpretation is not a bar to change. Indeed, an agency has a
continuing obligation to insure that its enforcement positions are
[[Page 15376]]
correct, which includes reevaluating them if necessary. An
``(a)dministrative agency concerned with furtherance of the public
interest is not bound to rigid adherence to its prior rulings.'' 3
A contrary view would lock an agency into a prior regulatory position
even when the position is later determined by the agency to be unwise
as a matter of policy or legally incorrect.
\3\ See footnote 1 supra.
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Thus, the Commission concludes that it has authority to promulgate
this rule. The existence of its prior position excluding apprenticeship
programs from the ADEA does not act as a bar to changing that position
pursuant to its regulatory authority under sec. 9 of the ADEA. 29
U.S.C. 628. At the same time, however, the Commission reaffirms its
view that such position was reasonable, deliberate and taken in good
faith.
2. The EEOC's Ability To Establish sec. 9 Exemptions To Meet Legitimate
Needs for Age Limits
All commenters who address this issue are in agreement that the
Commission possesses the authority under section 9 of the Act, 29
U.S.C. 628, to grant exemptions from coverage for apprenticeship
programs when such action is necessary and proper in the public
interest. Commenters favoring a change in the interpretation emphasize
that if there are apprenticeship programs with special needs for age
limitations, the Commission has the flexibility to provide them with
relief under sec. 9. Commenters with this point of view argue that the
Commission's authority to be responsive to specific requests for relief
from the Act when required in the public interest is a compelling
reason to change the existing blanket exclusion of apprenticeship
programs.
A commenter opposed to adoption of the new rule states that if a
new position is implemented, the EEOC should adopt guidelines which set
forth in detail the standards that must be met to establish an
exemption under sec. 9, or a bona fide occupational qualification
(BFOQ) under sec. 4(f)(1) of the ADEA. 29 U.S.C. Sec. 623 (f) (1). The
commenter argues that these guidelines `` should clarify if and to what
extent economic factors will be given weight in establishing an
exemption or BFOQ.''
The Commission agrees with the commenters that it possesses
authority to recognize and accommodate the needs of individual
apprenticeship programs that may have a need for age limitations if to
do so is necessary and proper in the public interest. The Commission
also agrees with those who argue that the existence of this authority,
which can be used on a case-by-case basis, calls into question the need
for the existing interpretation with its sweeping reach.
The Commission does not believe that there is a need to develop
guidance on the sec. 9 exemption process or the BFOQ exemption in
advance of taking action on the apprenticeship interpretation. The
Commission has regulatory guidance in place on both topics. See 29
C.F.R. 1625.6 (BFOQ) and 1627.15 (Administrative Exemptions). There is
also substantial caselaw on the BFOQ topic. However, the Commission
will closely monitor requests for exemptions and will revisit the need
for further guidance as appropriate.
3. What Impact Will a Change in the Interpretation Have on Displaced
Older Workers?
A legal services organization favoring the new rule presented data
showing that ``over the past twenty years dislocations in the American
economy have required millions of American workers to look for new
jobs,'' often resulting in unemployment and underemployment. Numerous
commenters note that such dislocations have had a particularly harsh
impact on mid-life and older workers, and one commenter points to
language in the Act recognizing that older workers are ``especially
disadvantaged in their efforts to regain employment when displaced from
jobs.'' 29 U.S.C. 621(a)(1). The proponents of changing the
interpretation cite employer downsizing at a time of shrinking
opportunities for new employment as a ``compelling reason'' for
adoption of the proposed rule.
Proponents of the proposed rule also argue that lifting age
restrictions would provide employers with a larger pool of qualified
and talented employees. One set of comments offered by a state
government agency points out the tremendous potential of older workers
as a valuable resource for the nation's employers that can and should
be utilized. A number of proponents reason that ``downsizing, changing
technologies, and new growth industries all have created a demand for
workers with more advanced technical skills who can adapt quickly to
changing employer needs.'' Many believe ``that workers who can acquire
these skills will be well positioned to take advantage of the best job
opportunities'' and that older persons are needed to fill the void for
employers.
None of the opposition commenters argue that older workers would
not benefit by the removal of age limitations from apprenticeship
programs. Rather, commenters opposed to adoption of the proposed rule
contend that there are ample government-sponsored training programs to
assist older workers and that apprenticeship programs should not be
compelled to include them.
The Commission believes that eliminating age barriers in
apprenticeship programs will clearly benefit older workers. As noted
above, even opposition commenters do not argue to the contrary. The
Commission also believes that employers will benefit from an enhanced
pool of qualified workers.
The comments make clear that large numbers of older workers have
been laid off. Once laid off, older workers experience particular
problems in finding new employment. In addition to negative
stereotypical assumptions about older workers that make it difficult
for them to find new employment, changing technology has left many
older workers without the necessary skills to reenter the workforce.
The Commission believes that apprenticeship programs can play an
important role in providing the training necessary to overcome these
barriers to reemployment.
Employers would also benefit from an enhanced pool of qualified
persons to fill their needs. Demographic data demonstrates that older
workers comprise a substantial proportion of the potential workforce.
There may not be a sufficient number of younger persons to meet the
needs of America's employers. Older workers can be trained just as
readily as younger ones to handle emerging technologies.
4. What Impact Will Change in the Interpretation Have on Employers and
Future Sponsorship of Apprenticeship Programs?
Opponents of changing the apprenticeship interpretation argue that
a change would make it more difficult for program sponsors to recoup
their investments. They claim that older apprentices do not remain with
a particular employer, or in the workforce, as long as younger ones and
that older persons are less likely to complete an apprenticeship
program. They argue that sponsors of programs who see a diminishing
return on investment will discontinue the programs and turn to
recruitment to fill staffing needs. Opponents express the view that
changing the interpretation would lead to the unintended consequence of
fewer apprenticeship opportunities for all persons.
Supporters of the proposed rule maintain that there is no evidence
to
[[Page 15377]]
support the assertion that eliminating age barriers will make it more
difficult for employers to recoup their investment in apprenticeship
programs. These commenters point to: the continuation of apprenticeship
programs in states that prohibit age discrimination in such programs;
the increased mobility of workers of all ages which diminishes the
likelihood that employers will recoup a training investment through the
lifetime employment of any worker on the basis of age; and the growing
need for employers to invest in retraining for employees of all ages
given rapid advances in technology. Supporters of the proposed rule
also rely on data showing that older workers on average remain with the
same employer longer than younger workers.
The Commission is persuaded by the arguments of those in favor of
changing the interpretation. To begin with, they point to the lack of
objective evidence to support the claim of increased cost or
diminishing opportunities. Indeed, no such data has been presented to
the Commission. This is in spite of the fact that approximately one-
half of the states currently bar age discrimination in apprenticeship
programs. Moreover, opponents argue that older workers will leave the
workforce far sooner than younger workers, that older workers are less
likely to complete an apprenticeship program, and that older workers
will retire at the earliest opportunity. But such arguments fail to
consider research: refuting a link between age and declining
performance; showing that technology has shortened the time within
which a return on investment in apprenticeship for any worker can be
realized; or demonstrating positive virtues and work ethics on the part
of older persons. They also fail to consider information regarding
increased job mobility in the workforce for people of all ages, and
demographics demonstrating that older workers are an important resource
needed to maintain America's competitive position in the world.
In addition, no current useful data was presented regarding the
costs of apprenticeship programs. The only broad-based data submitted
was from a fifteen-year old study. One commenter submitted very high
cost figures regarding its own program but did so without any analysis
or explanation. As a result it was not possible to evaluate this
commenter's assertions. Insofar as the claims of increased costs are
based on stereotypical assumptions about the behavior of older persons,
the Commission is mindful of the fact that a principal purpose for the
enactment of the ADEA was precisely to prohibit employment actions
based on such assumptions. Hazen Paper Co. v. Biggins, 507 U.S. 604
(1993). Accordingly, the Commission rejects as unsupported the claim
that adoption of the proposed rule will harm employers and prevent the
future sponsorship of apprenticeship programs throughout the country.
5. What is the Impact of the Current Interpretation on Groups Such as
Minorities and Women That Have Been Disadvantaged by Historical
Employment Discrimination?
None of the commenters disagree that women and minorities are
underrepresented in craft occupations. Moreover, these employment
patterns have not changed significantly over the past fifteen years.
Supporters of changing the interpretation present data demonstrating
that African-Americans and Hispanics have been particularly hard hit by
job displacements over the past two decades and that permitting age
limitations in apprenticeship programs locks in the effects of past
discrimination and occupational segregation. One commenter supports its
position by pointing to the well documented history of race
discrimination in the crafts. Proponents also point to the fact that
minorities are often the last hired and the first fired in a reduction-
in-force. They state that overall unemployment rates for African-
Americans and other minorities are disproportionately high in
comparison to Whites and attribute much of the problem to minority
members' lack of seniority and lack of acquired skills in the crafts.
They view apprenticeship as a way in which minorities can acquire much
needed training in our rapidly changing workplace and state that older
minorities, especially, stand to benefit from apprenticeship training
in areas experiencing rapid technological change.
Similarly, supporters of the NPRM point to the problems women have
faced in gaining access to non-traditional jobs. Specifically, several
proponents of the proposed rule note that women go into the trades at a
later age than men, often because younger women pursue--and are
encouraged to pursue--more traditionally female occupations. This
commenter asserts that age limits lock in the effects of prior sex
discrimination just as they lock in the effects of prior race
discrimination.
One commenter cites statistics demonstrating a difference between
the weekly earnings for males and females between the ages of 45 and 64
of $221 in favor of males, in support of a need for greater access to
apprenticeship programs for older women. A number of commenters also
argue that access is extremely important for the ``more than 3 million
displaced homemakers--women who have been out of the workforce for some
time and are now seeking employment--[they are] older women between the
ages of 45 and 64.''
According to one proponent of change, statistics reveal that 90% of
single parent families in the United States are maintained by women.
Another supporter references statistics showing that 55% of all
households in West Virginia are headed by women. The commenter notes
that although women occupy this critical responsibility for the
children of America, they are often clustered in low paying
traditionally female jobs.
Another commenter contends that removing age limits from
apprenticeship programs would go hand-in-hand with current welfare
reform efforts. This commenter argues that apprenticeships will lead to
jobs in the trades for many older welfare recipients allowing them to
support themselves and their children--precisely as they will be
required to do.
Finally, proponents of change point to the fact that patterns of
underrepresentation have persisted in the skilled trades, despite the
Commission interpretation. They argue that this demonstrates that
eliminating opportunities for older workers will not work to the
benefit of younger minorities and women--even if it were appropriate to
favor younger workers over older workers, a point they do not concede.
Opponents of changing the interpretation state that age limitations
in apprenticeship programs will create new opportunities for minority
youth and younger women. However, they offer no explanation to support
this claim nor an explanation of why there has not been an expanded
representation of minorities and women in the crafts in the years that
apprenticeship programs have been permitted to limit opportunities to
younger workers.
The Commission is persuaded by the arguments of those favoring a
change in the interpretation. It is clear that minorities and women are
substantially underrepresented in the crafts and that the exclusion of
apprenticeship programs from prohibitions against age discrimination
has not opened up opportunities for these persons.
[[Page 15378]]
6. What Impact Will Changing the Interpretation Have on Opportunities
for Youth?
Responding to the question of whether removing age limits would
diminish training opportunities for youth, several commenters favoring
a change in position note that Congress has created major training
programs designed specifically for youth.4 These commenters state
that Congress has set aside over a billion dollars to fund these
programs. For this reason, these proponents conclude that access to
apprenticeship programs should be available to workers of all ages. One
commenter contends that removal of age limitations would not diminish
training opportunities for youth, but would result in an inter-
generational approach to apprenticeship that promotes greater harmony
in the workplace.
\4\ Commenters referenced such programs as the Carl D. Perkins
Vocational and Applied Technology Act, 20 U.S.C. 2301 et seq. and
the Job Training Partnership Act (JTPA) as proof of the availability
of opportunities for youth.
---------------------------------------------------------------------------
An opponent of the proposed rule argues that apprenticeship
programs should be reserved for youth, citing high unemployment rates
for young people and arguing that they are in great need of educational
and employment opportunities. This commenter states that youth should
not have to compete with older persons who might otherwise have an
advantage over them solely by reason of their having lived longer.
While the Commission believes that apprenticeship programs continue
to be an important source of training for young people, it also takes
the position that apprenticeship programs can operate successfully by
utilizing the talents of individuals of all ages. The Commission was
not provided with any information demonstrating that youth have been
negatively affected in any of the states that prohibit age limits in
apprenticeship programs. Moreover, some apprenticeship programs with a
desire to assist specific disadvantaged groups may be able to do so
under the existing exemption from the ADEA found at 29 CFR 1627.16. In
the alternative, such programs could seek an exemption under the
procedures set out at 29 CFR 1627.15.
7. What is the Relationship of Apprenticeship Programs to Employment
and Education?
A number of those who favor the proposed rule argue that
apprenticeship programs are more in the nature of employment than
education. Some of those opposed to the proposed rule contend that the
contrary is true. These comments support the position, which has been
previously taken by the Commission, that, in fact, apprenticeship
programs have both employment and education components. However, the
Commission is also of the view that the employment and education
aspects of apprenticeship programs are so inextricably interwoven as to
mandate coverage under the Act. As most of the commenters who address
this question note, the indicia of an employer/employee relationship
are almost always present. For example, apprentices frequently perform
functions for the employer that the employer would otherwise have to
pay someone else to perform; apprentices are always or almost always
paid a wage; many apprenticeship programs seek certification from DOL
that permits them to pay apprentices less than the prevailing rate for
journeymen employees on certain jobs.
Findings
After careful review of the available data, including the comments
discussed above, the EEOC has determined that employers and employees
alike will be better served by an interpretation of the ADEA which
covers apprenticeship programs. Therefore, the Commission is rescinding
its current interpretation and issuing a new rule as set forth below.
Executive Order 12866, Regulatory Planning and Review
The Equal Employment Opportunity Commission has determined under
Executive Order 12866 that this rule is a significant regulatory
action, however, it will not have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or state, or local or tribal
governments or communities. The rule will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency.
The rule does not contain any information collection or record
keeping requirements as defined in the Paperwork Reduction Act of 1980
(Pub. L. 96-511). Similarly, the Commission certifies under 5 U.S.C.
605(b), enacted by the Regulatory Flexibility Act (Pub. L. 96-354),
that this rule will not result in a significant economic impact on a
substantial number of small entities. For this reason, a regulatory
flexibility analysis is not required.
In addition, in accordance with Executive Order 12067, the
Commission has solicited the views of affected Federal agencies.
The final rule appears below.
List of Subjects in 29 CFR Part 1625
Advertising, Age, Employee benefit plans, Equal employment
opportunity, Retirement.
Signed at Washington, DC this 2nd day of April 1996.
Gilbert F. Casellas,
Chairman.
Adoption of the Amendment
Accordingly, chapter XIV of title 29 of the Code of Federal
Regulations is amended as follows:
PART 1625--AGE DISCRIMINATION IN EMPLOYMENT ACT
1. The authority citation for part 1625 continues to read as
follows:
Authority: 81 Stat. 602; 29 U.S.C. 621, 5 U.S.C. 301,
Secretary's Order No. 10-68; Secretary's Order No. 11-68; sec. 12,
29 U.S.C. 631, Pub. L. 99-592, 100 Stat. 3342; sec. 2, Reorg. Plan
No. 1 of 1978, 43 FR 19807.
Sec. 1625.13 [Removed]
2. In Part 1625, Sec. 1625.13 is removed.
Subpart B--Substantive Regulations
3. In Part 1625, Sec. 1625.21 is added to Subpart B--Substantive
Regulations to read as follows:
Sec. 1625.21 Apprenticeship programs.
All apprenticeship programs, including those apprenticeship
programs created or maintained by joint labor-management organizations,
are subject to the prohibitions of sec. 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. 623. Age limitations in
apprenticeship programs are valid only if excepted under sec. 4(f)(1)
of the Act, 29 U.S.C. 623(f)(1), or exempted by the Commission under
sec. 9 of the Act, 29 U.S.C. 628, in accordance with the procedures set
forth in 29 CFR 1627.15.
[FR Doc. 96-8513 Filed 4-5-96; 8:45 am]
BILLING CODE 6570-01-P
Complete official Federal Register PDF
FR Doc. 96-8493 Department of the Interior Acquisition Regulation; Foreign Construction Materials
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15389-15390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8493]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Parts 1425 and 1452
RIN 1090-AA55
Department of the Interior Acquisition Regulation; Foreign
Construction Materials
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: In the interests of streamlining processes and improving
relationships with contractors, the Department of the Interior (DOI) is
issuing this final rule which amends 48 CFR Chapter 14 by revising and
updating the Department of the Interior Acquisition Regulation (DIAR).
EFFECTIVE DATE: May 8, 1996.
FOR FURTHER INFORMATION CONTACT:
Ms. Mary L. McGarvey at (202) 208-3158, Department of the Interior,
Office of Acquisition and Property Management, 1849 C. Street N.W.
(MS5522 MIB), Washington, D.C. 20240.
SUPPLEMENTARY INFORMATION:
A. Background
Under the auspices of the National Performance Review, a thorough
review of the DIAR was conducted. The review revealed unnecessary and
outdated regulations, and some excessively burdensome procedures.
In the interests of streamlining processes and improving
relationships with contractors, essential portions of the DIAR are
being reinvented and retained in 48 CFR, when appropriate. The review
identified Sections that would remain codified. Specifically, Section
1425.203 which reflects the use of a 6% differential to evaluate U.S.
versus foreign construction materials will remain codified. If a U.S.
material exceeds the cost of the foreign product, then the cost of the
U.S. material is unreasonable. Cost savings must be passed on to the
Government in post-award approval to use foreign material. Sections
1425.205 and 1452.225-70 are the prescription and the clause associated
with this DOI policy. We changed titles, rewrote language, and
eliminated redundant FAR material from the Sections. We removed
Secs. 1425.202 and 1425.204 from 48 CFR Chapter 14 under another final
rule published in the Federal Register dated 2/13/96.
This final rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because
contractors are required to either comply with the Buy American Act or
seek exceptions. An Initial Regulatory Flexibility Analysis has,
therefore, not been performed.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the Department has received approval for this collection of
information, with approval number 1090-0018, with the expiration date
of September 30, 1988. The Paperwork Reduction Act applies because the
proposed revisions impose additional recordkeeping requirements or
information collection requirements or collection of information from
offerors, contractors or members of the public which require the
approval of the Office of Management and Budget (OMB) under 44 U.S.C.
3501 et seq. The rule requires contractors proposing to use foreign
construction materials to submit information on foreign and domestic
construction materials, as well as a justification for use of foreign
material. This information will be evaluated by the government in
determining if a request for a waiver of the Buy American Act should be
granted.
Annual Reporting Burden
Public reporting burden for this collection of information is
estimated to average 1 hour, including examination of all bids received
to see if foreign materials are proposed and an additional burden of
applying the differential and comparing costs.
It is estimated that the information collection would affect 250
contractors (50 applicable contractors x 5 average bidders per
contract). The amount of time required for each respondent to provide
the required information would not exceed 1 hour, thus 250 burden
hours.
Required Determinations: The Department believes that public
comment is unnecessary because the revised material implements standard
Government operating procedures. Therefore, in accordance with 5 U.S.C.
553(b)(B), the Department finds good cause to publish this document as
a final rule. This rule was not subject to Office of Management and
Budget
[[Page 15390]]
review under Executive Order 12866. In accordance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq), the Department has determined
that this rule will not have a significant economic impact on a
substantial number of small entities because minimal requirements are
being added for small businesses and no protections are being
withdrawn. The Department has determined that this rule does not
constitute a major Federal action having a significant impact on the
human environment under the National Environmental Policy Act of 1969.
The Department has certified that this rule meets the applicable
standards provided in Sections 2(a) and 2(b)(2) of Executive Order
12778.
List of Subjects in 48 CFR Parts 1425 and 1452
Government procurement, Reporting and recordkeeping requirements.
Dated: March 15, 1996.
Bonnie Cohen,
Assistant Secretary--Policy, Management and Budget.
Chapter 14 of Title 48 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for 48 CFR parts 1425 and 1452 continues
to read as follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), and 5
U.S.C. 301.
2. 48 CFR part 1425 is revised to read as follows:
PART 1425--FOREIGN ACQUISITION
Supart 1425.2--Buy American Act--Construction Materials
Sec.
1425.203-70 Evaluating offers and price adjustment proposals.
1425.205 Solicitation provision and contract clause.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), and 5
U.S.C. 301.
Supart 1425.2--Buy American Act--Construction Materials
Sec. 1425.203-70 Evaluating offers and price adjustment proposals.
(a) Upon receipt of an offered foreign construction material, the
CO will conduct a 2 part test to determine, first, if the cost of the
components made in the U.S. exceeds 50% of the cost for all the
components; and second, if the item meets the first test, whether the
item is manufactured in the U.S.
(b) The cost of U.S. material is unreasonable if it exceeds the
cost of the foreign construction material by more than 6%. The CO will
compute the cost of construction material to include all delivery costs
to the construction site, and any applicable duty (whether or not a
duty-free entry certificate is issued.) This evaluation will be made
for each foreign construction material proposed in the offer not
excepted by the Government either in the solicitation at 48 CFR
1452.225-70(a) or by subsequent amendment.
(c) The contractor shall pass to the Government any cost savings
resulting from post-award approval to use foreign material. The CO may
approve exceptions based on cost if the contractor can document that it
used U.S. as well as foreign quotes to calculate the price it offered
to the Government. If it is shown that the contractor did not obtain
the quotes before award, the Director, PAM is authorized to disapprove
requests for exceptions to the use of U.S. material. In case of
disapproval, the contractor shall use the U.S. material and shall not
pass on the additional cost of the U.S. material to the Government.
Sec. 1425.205 Solicitation provision and contract clause.
In addition to using the clauses required in FAR 25.205, the CO
will insert the clause at 48 CFR 1452.225-70, Use of Foreign
Construction Materials--Department of the Interior, in solicitations
and contracts for construction, alteration, or repair inside the U.S.
If the Government has determined that a U.S. construction material is
unavailable, it will be listed under paragraph (a) of the clause.
3. Section 1452.225-70 is revised to read as follows:
Sec. 1425.225-70 Use of Foreign Construction Materials.
As prescribed in 48 CFR 1425.205, insert the following clause in
solicitations and contracts for construction, alteration, or repair
inside the United States:
Use of Foreign Construction Materials--Department of the Interior (APR
1996)
(a) The Government has determined that the Buy American Act is
not applicable to the following construction materials because they
are not mined, produced, or manufactured in the U.S. in sufficient
quantities of a satisfactory quality:
(1)--------------------------------------------------------------------
(2)--------------------------------------------------------------------
(3)--------------------------------------------------------------------
(b) Offers based on the use of foreign construction materials
other than those listed in (a) above may be acceptable if the
Government determines that U.S. construction material is not
available, would be impracticable or constitute unreasonable price.
Please contract the Contracting Officer with questions or comments
concerning non-availability or impracticability of U.S. material.
(c)(1) Offers based upon use of foreign construction material
for cost savings will be considered reasonable if the cost of each
foreign construction material, plus 6 percent, is less than the cost
of comparable U.S. construction material. The Contracting Officer
will compute the cost of each foreign construction material to
include all delivery costs to the construction site, and any
applicable duty (whether or not a duty-free entry certificate is
issued.) This evaluation will be made for each foreign construction
material included in the offer but not listed in subparagraph (a)
above in this clause.
(2) Any contractor cost savings from post award approved
substitution of foreign construction material for U.S. construction
material shall be passed to the Government.
(d)(1) This offer is based on the use of foreign construction
material not listed in (a) above. For each foreign item proposed the
offeror shall furnish the following information for the foreign
material offered: item description, supplier, unit of measure,
quantity, unit price, duty (even if a duty free certificate is
issued), delivery costs, and total price. The offeror shall furnish
the following information for each U.S. material comparable to the
foreign material: item description, supplier, unit of measure,
quantity, unit price, delivery costs and total price.
(2) If the Government rejects the use of foreign construction
material listed under paragraph (d)(1) above, the Government will
evaluate the offer using the offeror's stated price for the
comparable U.S. construction material, and the offeror shall be
required to furnish such domestic construction material at the
originally offered price. In preaward situations, an offer which
does not state a price for a comparable U.S. construction material
will be rejected by the Government. In postaward situations an offer
proposing foreign material which does not state the price for the
comparable U.S. construction material will be rejected by the
Government. The contractor shall use comparable U.S. material for
the project and any additional cost for the use of this U.S.
material shall be absorbed by the contractor.
(End of clause)
[FR Doc. 96-8493 Filed 4-5-96; 8:45 am]
BILLING CODE 4310-RF-M
Complete official Federal Register PDF
FR Doc. 96-8455 Cable Television Consumer Protection and Competition Act of 1992; Rate Regulation
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15388-15389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8455]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MM Docket No. 92-266, FCC 95-150]
Cable Television Consumer Protection and Competition Act of 1992;
Rate Regulation
AGENCY: Federal Communications Commission.
ACTION: Final Rule; petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: This Eleventh Order on Reconsideration (``The Order'')
eliminates the requirement that cable systems subject to transition
rate treatment keep track of both their transition rates and full
reduction rates on external cost forms filed with the Commission. This
Order is intended to reduce paperwork burdens on cable operators when
they file requests for rate adjustments.
EFFECTIVE DATE: May 8, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Glenchur, Cable Service Bureau,
(202) 416-0800.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Eleventh Order on Reconsideration in MM Docket No. 92-266, FCC 95-150,
adopted on April 7, 1995 and released April 26, 1995. The complete text
of this document is available for inspection and copying during normal
business hours in the FCC Reference Center, 1919 M St., N.W.,
Washington, D.C.
I. Introduction
1. In this Order, the Commission on its own motion modifies
reporting requirements described in its Second Order on
Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed
Rulemaking (``Second Reconsideration Order''), 59 FR 17943 (April 15,
1994), which direct certain small systems and low price systems to
calculate both their ``transition'' rates and their ``full reduction
rates'' for submission on applicable rate forms.
II. Elimination of Parallel Rate Tracking
A. Background
2. In the Second Reconsideration Order, we required regulated cable
systems, as a general matter, to reduce their rates by the full
competitive differential established in that Order. We further
provided, however, that certain qualifying systems would be eligible
for transition treatment under which such systems would not be required
to reduce their rates by the full competitive differential. These
transition systems include ``cable operators which have a total
subscriber base of 15,000 or fewer customers and which are not
affiliated with a larger operator.'' They also include systems having
March 31, 1994 rates that are at or below the revised benchmark and
systems having March 31, 1994 rates above the benchmark but having
permitted rates at or below the benchmark.
3. We further provided in the Second Reconsideration Order that a
system qualifying for transition relief would not be able to adjust its
transition rate for inflation until its transition rate equaled its
full reduction rate. We required transition systems to calculate both
their transition and full reduction rates for the purpose of future
rate adjustments. To enable parallel tracking of the transition and
full reduction rates, we established on the FCC Form 1210, the form
used to modify already justified rates, a reporting module
acknowledging the difference in inflation adjustments for the two
rates. All other cost adjustments, however, were allowed for both
transition and full reduction rate calculations.
B. Discussion
4. In the Ninth Order on Reconsideration, 60 FR 10512 (February 27,
1995), we determined that it would be appropriate to allow transition
systems to adjust their transition rates for inflation. By lifting the
prohibition on inflation adjustments for transition rates, we
eliminated the only difference in adjustment mechanisms between
transition and full reduction rates. Accordingly, it is no longer
necessary to require systems eligible for transition relief to render
separate calculations for adjustments in transition and full reduction
rates.
5. In light of the foregoing, and in order to relieve transition
system operators of burdens associated with the separate calculation of
transition and full reduction rates, we are eliminating the requirement
that transition system operators report both rates in their
applications for external rate adjustments. Rather, such systems will
only be required to report their transition rates adjusted pursuant to
the commission's price cap rules for inflation, changes in external
costs and changes in the number of channels on regulated tiers. We will
make correlative adjustments on the FCC Form 1210.
III. Regulatory Flexibility Act Analysis
6. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.
Secs. 601-12, the Commission's final analysis with respect to the
Eleventh Order on Reconsideration is as follows:
[[Page 15389]]
7. Need and purpose of this action. The Commission, in compliance
with Sec. 3 of the Cable Television Consumer Protection and Competition
Act of 1992, 47 U.S.C. Sec. 543 (1992), pertaining to rate regulation,
adopts revised rules and procedures intended to ensure that cable
services are offered at reasonable rates with minimum regulatory and
administrative burdens on cable entities.
8. Summary of issues raised by the public in response to the
Initial Regulatory Flexibility Analysis. There were no comments
submitted in response to the Initial Regulatory Flexibility Analysis.
The Chief Counsel for Advocacy of the United States Small Business
Administration (SBA) filed comments in the original rulemaking order.
The Commission addressed the concerns raised by the Office of Advocacy
in the Report and Order and Further Notice of Proposed Rulemaking, 58
FR 29736 (May 21, 1993).
9. Significant alternatives considered and rejected. In the course
of this proceeding, petitioners representing cable interests and
franchising authorities submitted several alternatives aimed at
minimizing administrative burdens. The Commission has attempted to
accommodate the concerns expressed by these parties. In this order, the
Commission is providing relief to small systems and low-price systems
by terminating the requirement that such systems report both their
adjusted transition rate and their full reduction rate on forms
requesting external cost adjustments.
IV. Paperwork Reduction Act
10. The requirements adopted herein have been analyzed with respect
to the Paperwork Reduction Act of 1980 and found to impose new or
modified information collection requirements on the public.
Implementation of any new or modified requirement will be subject to
approval by the Office of Management and Budget as prescribed by the
Act.
V. Ordering Clauses
11. Accordingly, it is ordered that, pursuant to Sections 4(i),
4(j), 303(r), 612 and 623 of the Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 154(j). 303(r), 532, 542(c) and
543, the rules, requirements and policies discussed in this Order ARE
ADOPTED.
12. It is further ordered that the revised reporting requirements
adopted in this Order will become effective as soon as they may be
approved by the Office of Management and Budget but not sooner than May
28, 1996.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-8455 Filed 4-5-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-8454 Cable Television; Implementation of the Selecommunication Act of 1996
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15386-15388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8454]
-----------------------------------------------------------------------
[[Page 15387]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 21 and 76
[CS Docket No. 96-56, FCC 96-112]
Cable Television; Implementation of the Selecommunication Act of
1996
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This Order implements sections of the Telecommunications Act
of 1996. The Order eliminates restrictions on the cross ownership of
broadcast networks and cable television systems, allows cross ownership
and operation of multichannel multipoint distribution services or
Satellite Master Antenna Television systems and cable systems when
effective competition exists in the franchise area, and eliminates the
three-year holding period requirement for transfer of cable systems.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Glenchur, Cable Services Bureau,
(202) 416-1800.
SUPPLEMENTARY INFORMATION: This is a synopsis of a Commission Order in
CS Docket No. 96-56, FCC 96-112, adopted March 15, 1996 and released
March 18, 1996. The complete text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Center, 1919 M St., N.W., Washington, D.C.
I. Introduction
1. In this Order, we amend certain of the Commission's rules
relating to cable television ownership to conform them to changes in
the Communications Act enacted on February 8, 1996, in the
Telecommunications Act of 1996 (``1996 Act'').
II. Television Broadcast Network--Cable Cross Ownership
2. Section 76.501 of the Commission's rules limits the extent to
which cross ownership is permitted between cable television systems and
television broadcast networks. Under this rule, network-cable cross
ownership is allowed if such combinations do not exceed 10% of homes
passed by cable nationwide, and do not exceed 50% of homes passed by
cable within an area of dominant influence (ADI).
3. Section 202(f) of the 1996 Act provides as follows:
(f) Cable Cross Ownership.--
(1) Elimination of restrictions.--The Commission shall revise
Section 76.501 of its regulations (47 CFR 76.501) to permit a person or
entity to own or control a network of broadcast stations and a cable
system.
4. Accordingly, we are amending Section 76.501 as reflected below
to permit a person or entity to own or control a network of broadcast
stations and a cable system.
III. MMDS/SMATV--Cable Cross Ownership
5. Section 613(a)(2) of the Communications Act, as adopted in the
Cable Television Consumer Protection and Competition Act of 1992
(``1992 Cable Act''), made it unlawful to hold a license for a
multichannel multipoint distribution service, or to offer satellite
master antenna television service separate and apart from a franchised
cable service, in any portion of the franchise area served by the cable
operator's cable system. Rules implementing this restriction were
adopted by the Commission and appear in Sections 21.912 and 76.501 of
the rules. Section 202(i) of the 1996 Act adds the following to the
existing restriction to provide that the Commission shall not apply the
requirements of subsection 613(a): To any cable operator in any
franchise area in which a cable operator is subject to effective
competition as determined under section 623(l).
6. Accordingly, as reflected below, we amend the applicable
Commission rules to conform them to the new statutory language.
IV. Antitrafficking Regulation
7. Section 617 of the Communications Act, as adopted in the 1992
Cable Act, restricted the ability of a cable operator to sell or
otherwise transfer ownership in a cable system within a 36-month period
following either the acquisition or initial construction of the system.
Rules implementing the three-year holding requirement were adopted by
the Commission and appear in Section 76.502 of the rules.
8. Section 301(i) of the 1996 Act eliminates these restrictions.
Limitations on the time a local franchise authority has to consider
applications to sell or transfer systems are retained.
9. Accordingly, as reflected below, we amend the applicable
Commission rules to conform them to the new statutory language.
V. Administrative Matters
10. The rules adopted herein have been analyzed with respect to the
Paperwork Reduction Act of 1995 and found to contain no new or modified
form, information collection and/or record keeping, labeling,
disclosure or record retention requirements. These rules will not
increase or decrease burden hours imposed on the public.
11. Because these rule changes simply conform the Commission's
rules to the statute, we find for good cause that compliance with the
notice and comment provisions of the Administrative Procedure Act is
unnecessary. See 5 U.S.C. Sec. 553(b)(B). For similar reasons, and
because the amendments ease restrictions, compliance with the effective
date provision of the Administrative Procedure Act also is unnecessary.
5 U.S.C. Sec. 553(d).
12. Accordingly, pursuant to sections 4(i), 4(j) and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i), 154(j),
and 303(r), and Telecommunications Act of 1996, Secs. 202 and 301, it
is ordered that the Commission's Rules are amended as set forth below,
Effective April 8, 1996.
List of Subjects
47 CFR Part 21
Television.
47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 21 and 76 of Title 47 of the Code of Federal Regulations are
amended as follows:
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
1. The authority citation for Part 21 continues to read as follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
2. Section 21.912 is amended by adding a new paragraph (e)(3) to
read as follows:
Sec. 21.912 Cable television company eligibility requirements.
* * * * *
(e) * * *
(3) The limitations on cable television ownership in this section
do not apply to any cable operator in any franchise area in which a
cable operator is subject to effective competition as determined under
section 623(l) of the Communications Act.
* * * * *
[[Page 15388]]
PART 76--CABLE TELEVISION SERVICE
3. The authority citation for Part 76 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085, 1101; 47
U.S.C. Sec. 152, 153, 154, 301, 303, 307, 308, 309; Secs. 612, 614-
615, 623, 632 as amended, 106 Stat. 1460, 47 U.S.C. 532; Sec. 623,
as amended, 106 Stat. 1460; 47 U.S.C. 532, 533, 535, 543, 552.
4. Section 76.501 is amended by removing and reserving paragraph
(b) and by revising paragraph (f) to read as follows:
* * * * *
Sec. 76.501 Cross-ownership.
* * * * *
(f) The restrictions in paragraphs (d) and (e) of this section
shall not apply to any cable operator in any franchise area in which a
cable operator is subject to effective competition as determined under
section 623(l) of the Communications Act.
* * * * *
5. Section 76.502 is revised to read as follows:
Sec. 76.502 Time limits applicable to franchise authority
consideration of transfer applications.
(a) A franchise authority shall have 120 days from the date of
submission of a completed FCC Form 394, together with all exhibits, and
any additional information required by the terms of the franchise
agreement or applicable state or local law to act upon an application
to sell, assign, or otherwise transfer controlling ownership of a cable
system.
(b) A franchise authority that questions the accuracy of the
information provided under paragraph (a) must notify the cable operator
within 30 days of the filing of such information, or such information
shall be deemed accepted, unless the cable operator has failed to
provide any additional information reasonably requested by the
franchise authority within 10 days of such request.
(c) If the franchise authority fails to act upon such transfer
request within 120 days, such request shall be deemed granted unless
the franchise authority and the requesting party otherwise agree to an
extension of time.
[FR Doc. 96-8454 Filed 4-5-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-8385 Allocation of the 219-220 MHz Band for Use by the Amateur Radio Service
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15382-15386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8385]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 97
[ET Docket No. 93-40; FCC 96-25]
Allocation of the 219-220 MHz Band for Use by the Amateur Radio
Service
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: By this Memorandum Opinion and Order (MO&O), the Commission
addresses the Petition for Reconsideration (Petition), filed by Fred
Daniel d/b/a Orion Telecom (Orion). Orion's Petition requests that the
Commission rescind the 219-220 MHz allocation to the Amateur Radio
Service or, alternatively, modify the rules to provide additional
protection for Automated Maritime Telecommunications Systems (AMTS)
operations. This MO&O affirms the Commission's decision to allocate the
219-220 MHz band to the Amateur Radio Service on a secondary basis; and
also amends the amateur rules to reflect the frequency upon which the
AMTS stations operate. Finally, the MO&O updates and corrects the Table
of Frequency Allocations.
EFFECTIVE DATE: May 8, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas P. Derenge (202) 418-2451,
[[Page 15383]]
Office of Engineering and Technology, Federal Communications
Commission, Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's MO&O
adopted January 25, 1996, and released March 22, 1996. The complete
MO&O is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.,
Washington, D.C., and also may be purchased from the Commission's
duplication contractor, International Transcription Service, (202) 857-
3800, 2100 M Street NW., Suite 140, Washington DC 20037.
Summary of MO&O
1. In its Petition, Orion argues that the Commission should rescind
the allocation, even on a secondary basis, of the 219-220 MHz band to
the Amateur Radio Service because the exclusion distance of 80 km
between AMTS and amateur operations, adopted in the Report and Order
(R&O), 60 FR 15686, March 27, 1995, is insufficient to protect primary
AMTS operations from harmful amateur interference. In denying the
petition, the Commission determined that it is appropriate and
desirable to provide a secondary allocation for amateur point-to-point
fixed digital message forwarding systems at 219-220 MHz. The Commission
states that the 80 km exclusion distance, 640 km notification distance,
and other interference safeguards adopted in the R&O are sufficient to
protect AMTS operations from potential interference caused by amateur
operations. As stated in the R&O, these distances were derived as a
result of technical studies and a consensus between the American Radio
Relay League, Inc. (ARRL) and Waterway Communications Systems, Inc., an
AMTS provider. Additionally, the Commission points out that Orion
failed to provide any technical showing that the regulations adopted in
the R&O are not sufficient to protect AMTS operations from amateur
interference.
2. In the event the allocation is not rescinded, Orion requests
that the governing rules be amended to provide better protection for
AMTS operations. Specifically, it requests that the rules provide
interference protection to remote receivers, which may be located
several miles from their coast stations. Additionally, Orion requests
that the Commission's rules require amateur operations in the 219-220
MHz band to use interference avoidance techniques such as directional
antennas, frequency separation, and cross polarization of signals.
Orion also states that although the text of the R&O provides that
amateurs must immediately either resolve any interference to AMTS
licensees or else cease operation, Part 97 failed to include that
requirement. Orion argues that amateur equipment used in the 219-220
MHz band should be type accepted in order to ensure that amateur
operators use high quality equipment that will not interfere with
commercial spectrum users. Additionally, Orion requests that the
amateur rules specify the bands of AMTS operation to aid amateur
operators in locating AMTS coast stations.
3. Finally, Orion argues that the required notification to AMTS
licensees by amateur operators should contain the specific technical
parameters of the proposed amateur operation. In particular, Orion
states that the notification should include: 1) the center frequency of
the proposed amateur channel, 2) the effective radiated power in the
direction of the AMTS station, 3) a plot of the horizontal radiation
pattern for the proposed antenna, 4) the height of the proposed antenna
above ground, 5) the height of the proposed antenna above average
terrain, 6) a description of the proposed emission, and 7) a telephone
number at which the amateur operator can be reached at any time during
the amateur's operation in the band. Orion states that this information
is necessary to enable amateurs to evaluate their potential for
interference to other operations and is similarly needed by AMTS
licensees in the event interference to their operations occur.
4. The MO&O states that the rules already in place to protect AMTS
coast stations are sufficient to protect remote receivers because coast
stations and remote receivers are typically in close proximity to one
another. Additionally, once notification is provided to the AMTS
licensee, the licensee can easily inform the amateur operator of remote
receiver locations. The Commission also states that requiring specific
interference avoidance techniques for amateur operations is
unnecessary. Instead of requiring amateurs to use specific techniques,
amateur operators are permitted the flexibility to use whatever
techniques they deem appropriate to avoid interference to AMTS.
5. The Commission concludes that Orion's assertion that Part 97 of
the rules does not reflect the requirement specified in the R&O that
``amateurs will be required to resolve immediately any complaint of
interference to an AMTS station or, alternatively, to cease operation''
is incorrect. Section 97.303(e)(2) states that ``[n]o amateur station
transmitting in the 219-220 MHz segment shall cause harmful
interference to, nor is protected from interference due to operation of
Automated Maritime Telecommunications Systems. . . .'' The language of
this rule clearly holds amateur operators responsible for avoiding
interference to AMTS operations. In addition, the MO&O denies Orion's
request that amateur equipment be type accepted. There is no evidence
that amateur equipment has a history of being defective or that there
is a need to require type acceptance for operations in the 219-220 MHz
band. The Commission concludes that a type acceptance procedure for
amateur 219-220 MHz band equipment would be unnecessarily burdensome.
6. The MO&O adopts Orion's suggestion that the amateur rules
specify the bands of operation for AMTS in order to enable amateur
operators to identify more readily all relevant AMTS operations. The
Commission agrees with Orion that reference must be made to licensed
operations in both the 217-218 MHz and 219-220 MHz bands in order to
protect AMTS systems and therefore amends Sections 97.303(e)(4) and
97.303(e)(5) accordingly.
7. Finally, the Commission agrees with Orion that amateurs'
notifications to AMTS licensees should include sufficient technical
information to facilitate coordination between amateur and AMTS
operations. However, the Commission states that the notification form
developed by ARRL in response to the rules adopted in the R&O provides
sufficient information for this coordination process. Therefore, the
Commission do not believe that it is necessary at this time to amend
the rules to specify that amateurs provide specific technical
information, as requested by Orion. If the current coordination
procedures do not prove satisfactory, this issue will be revisited.
8. Final Regulatory Flexibility Analysis: Pursuant to 5 U.S.C.
Section 603, a Regulatory Flexibility Analysis was incorporated in the
Notice of Proposed Rule Making (NPRM), and R&O in ET Docket 93-40.
Written comments on the proposals in the NPRM, including the Regulatory
Flexibility Analysis, were requested and a final analysis was provided
in the R&O.
A. Need for and Objective of Rules: The objective of this action is
to provide a secondary allocation for the Amateur Radio Service which
will permit amateur operators to establish point-to-point fixed digital
message forwarding systems without interfering with primary services.
The Commission
[[Page 15384]]
believes that the rules are sufficient to permit amateurs to share the
spectrum, while the flexibility of the rules will in large part provide
amateurs with the operational freedom to which they are accustomed.
B. Issues Raised by the Public in Response to the Final Analysis:
No party suggested modifications specifically to the regulatory
flexibility analysis.
C. Any Significant Alternative Minimizing Impact on Small Entities
and Consistent with Stated Objectives: This action may provide new
marketing opportunities for amateur radio equipment manufacturers, some
of which may be small businesses.
9. Accordingly, IT IS ORDERED, that Parts 2 and 97 of the
Commission's rules ARE AMENDED as set forth below, effective May 8,
1996. Furthermore, IT IS ORDERED, that the Petition for Reconsideration
filed by Fred Daniel d/b/a Orion Telecom IS GRANTED, to the extent
described above, and IS DENIED in all other respects. This action is
taken pursuant to Sections 4(i), 7(a), 302, 303(c), 303(f), 303(g), and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
157(a), 302, 303(c), 303(f), 303(g), 303(r).
List of Subjects
47 CFR Part 2
Radio.
47 CFR Part 97
Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 2 and 97 of title 47 of the Code of Federal Regulations are
amended as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for Part 2 continues to read as follows:
Authority: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307,
unless otherwise noted.
2. Section 2.104(a) is revised to read as follows:
Sec. 2.104 International Table of Frequency Allocations.
(a) The International Table of Frequency Allocations (columns 1, 2
and 3 of Sec. 2.106) is included for informational purposes only.
* * * * *
3. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
a. The entries for 174-216 MHz, 174-223 MHz, 216-220 MHz, 220-222
MHz, 222-225 MHz, 223-230 MHz, 225-235 MHz, 225.0-328.6 MHz, 230-235
MHz, 235-267 MHz, 267-272 MHz, 272-273 MHz, 273-322 MHz, and 322.0-
328.6 MHz are removed and new entries for 174-216 MHz, 216-220 MHz,
220-222 MHz, 222-223 MHz, 223-225 MHz, 225-230 MHz, 230-235 MHz, 235-
267 MHz, 267-272 MHz, 272-273 MHz, 273-312 MHz, 312-315 MHz, 315-322
MHz, and 322-328.6 MHz are added in numerical order.
b. International Footnote Nos. 633 and 634 are removed.
c. International Footnote Nos. 621, 622, 627, and 635 are revised.
d. International Footnote No. 641A is added.
The additions and revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
International table United States table FCC use designators
----------------------------------------------------------------------------------------------------------------
Government Non-
Region 2-- Region 3-- --------------- Government
Region 1-- allocation MHz allocation MHz --------------- Rule Special-use
allocation MHz Allocation Allocation part(s) frequencies
MHz MHz
(1) (2) (3) (4) (5) (6) (7)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
174-216 174-216 174-216 174-216 174-216
BROADCASTING BROADCASTING FIXED BROADCASTING RADIO
BROADCAST
(TV) (73)
Fixed MOBILE Auxiliary
Broadcasti
ng (74)
Mobile BROADCASTING
621 623 628 629 620 619 624 625 626 NG115 NG128
630 NG149
----------------------------------------------------------------------------------------------------------------
216-220 216-220 216-220 216-220 216-220
BROADCASTING FIXED FIXED MARITIME MARITIME MARITIME
MOBILE MOBILE (80)
MARITIME MOBILE MOBILE Aeronautical Aeronautical Private
Mobile Mobile Land
Mobile
(90)
Radiolocation BROADCASTING Fixed Fixed Personal
627 Radio
Service
(95)
Land Mobile Land Mobile Amateur
(97)
Radiolocation
627
621 623 628 629 627A 619 624 625 626 US210 US229 627 US210
630 US274 US317 US229 US274
G2 US317 NG152
----------------------------------------------------------------------------------------------------------------
220-222 220-222 220-222 220-222 220-222
BROADCASTING AMATEUR FIXED LAND MOBILE LAND MOBILE PRIVATE
LAND
MOBILE
(90)
FIXED MOBILE Radiolocation
627
MOBILE BROADCASTING
Radiolocation
627
[[Page 15385]]
621 623 628 629 619 624 625 626 G2 627
630
----------------------------------------------------------------------------------------------------------------
222-223 222-223 222-223 222-223 222-223
BROADCASTING AMATEUR FIXED Radiolocation AMATEUR AMATEUR
627 (97)
FIXED MOBILE
MOBILE BROADCASTING
Radiolocation
627
621 623 628 629 619 624 625 626 G2 627
630
----------------------------------------------------------------------------------------------------------------
223-225 223-225 223-225 223-225 223-225
BROADCASTING AMATEUR FIXED Radiolocation AMATEUR AMATEUR
627 (97)
FIXED FIXED MOBILE
MOBILE MOBILE BROADCASTING
Radiolocation AERONAUTICAL
627 RADIONAVIGATION
Radiolocation
622 628 629 631 636 637 G2 627
632 635
----------------------------------------------------------------------------------------------------------------
225-230 225-230 225-230 225-230 225-230
BROADCASTING FIXED FIXED FIXED
FIXED MOBILE MOBILE MOBILE
MOBILE BROADCASTING
AERONAUTICAL
RADIONAVIGATION
Radiolocation
622 628 629 631 636 637 G27
632 635
----------------------------------------------------------------------------------------------------------------
230-235 230-235 230-235 230-235 230-235
FIXED FIXED FIXED FIXED
MOBILE MOBILE MOBILE MOBILE
AERONAUTICAL
RADIONAVIGATION
629 632 635 638 637 G27
639
----------------------------------------------------------------------------------------------------------------
235-267 235-267 235-267 235-267 235-267
FIXED FIXED FIXED FIXED
MOBILE MOBILE MOBILE MOBILE
501 592 635 640 501 592 635 640 501 592 635 640 501 592 642 501 592 642
641 642 641 642 641 642 G27 G100
----------------------------------------------------------------------------------------------------------------
267-272 267-272 267-272 267-272 267-272
FIXED FIXED FIXED FIXED
MOBILE MOBILE MOBILE MOBILE
Space Operation Space Operation Space Operation
(space-to-Earth) (space-to- (space-to-
Earth) Earth)
641 643 641 643 641 643 G27 G100
----------------------------------------------------------------------------------------------------------------
272-273 272-273 272-273 272-273 272-273
SPACE OPERATION SPACE OPERATION SPACE OPERATION FIXED MOBILE
(space-to-Earth) (space-to- (space-to-
Earth) Earth)
FIXED FIXED FIXED MOBILE
MOBILE MOBILE MOBILE
641 641 641 G27 G100
----------------------------------------------------------------------------------------------------------------
273-312 273-312 273-312 273-312 273-312
FIXED FIXED FIXED FIXED
[[Page 15386]]
MOBILE MOBILE MOBILE MOBILE
641 641 641 G27 G100
----------------------------------------------------------------------------------------------------------------
312-315 312-315 312-315 312-315 312-315
FIXED FIXED FIXED FIXED
MOBILE MOBILE MOBILE MOBILE
Mobile-Satellite Mobile-Satellite Mobile-Satellite
(Earth-to-space) (Earth-to- (Earth-to-
space) space)
641 641A 641 641A 641 641A G27 G1
----------------------------------------------------------------------------------------------------------------
315-322 315-322 315-322 315-322 315-322
FIXED FIXED FIXED FIXED
MOBILE MOBILE MOBILE MOBILE
641 641 641 G27 G100
----------------------------------------------------------------------------------------------------------------
322-328.6 322-328.6 322-328.6 322-328.6 322-328.6
FIXED FIXED FIXED FIXED
MOBILE MOBILE MOBILE MOBILE
RADIO ASTRONOMY RADIO ASTRONOMY RADIO ASTRONOMY
644 644 644 644 G27 644
----------------------------------------------------------------------------------------------------------------
* * * * * * *
International Footnotes
* * * * *
621 Additional allocation: in the Federal Republic of Germany,
Austria, Belgium, Denmark, Spain, Finland, France, Israel, Italy,
Liechtenstein, Malta, Monaco, Norway, the Netherlands, the United
Kingdom, Sweden, and Switzerland, the band 174-223 MHz is also
allocated to the land mobile service on a permitted basis. However,
the stations of the land mobile service shall not cause harmful
interference to, or claim protection from, broadcasting stations,
existing or planned, in countries other than those listed in this
footnote.
622 Different category of service: in the Federal Republic of
Germany, Austria, Belgium, Denmark, Spain, Finland, France, Israel,
Italy, Liechtenstein, Luxembourg, Malta, Monaco, Norway, the
Netherlands, Portugal, the United Kingdom, Sweden and Switzerland,
the band 223-230 MHz is allocated to the land mobile service on a
permitted basis (see No. 425). However, the stations of the land
mobile service shall not cause harmful interference to, or claim
protection from, broadcasting stations, existing or planned, in
countries other than those listed in this footnote.
* * * * *
627 In Region 2, no new stations in the radiolocation service
may be authorized in the band 216-225 MHz. Stations authorized prior
to 1 January 1990 may continue to operate on a secondary basis.
* * * * *
635 Alternative allocation: in Botswana, Lesotho, Malawi,
Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe,
the bands 223-238 MHz and 246-254 MHz are allocated to the
broadcasting service on a primary basis, subject to agreement
obtained under the provisions set forth in Article 14.
* * * * *
641A The bands 312-315 MHz (Earth-to-space) and 387-390 MHz
(space-to-Earth) in the mobile-satellite service may also be used by
non-geostationary-satellite systems. Such use is subject to the
application of the coordination and notification procedures set
forth in Resolution 46 (WARC-92).
* * * * *
PART 97--AMATEUR RADIO SERVICE
1. The authority citation for Part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
2. Section 97.303 is amended by revising paragraphs (e)(4) and
(e)(5) to read as follows:
Sec. 97.303 Frequency sharing requirements.
* * * * *
(e) * * *
(4) No amateur station may transmit in the 219-220 MHz segment from
a location that is within 640 km of an AMTS Coast Station that uses
frequencies in the 217-218/219-220 MHz AMTS bands unless the amateur
station licensee has given written notification of the station's
specific geographic location for such transmissions to the AMTS
licensee. The notification must be given at least 30 days prior to
making such transmissions. The location of AMTS Coast Stations using
the 217-218/219-220 MHz channels may be obtained from either:
The American Radio Relay League, Inc., 225 Main Street, Newington,
CT 06111-1494;
or
Interactive Systems, Inc., Suite 1103, 1601 North Kent Street,
Arlington, VA 22209; Fax: (703) 812-8275; Phone: (703) 812-8270.
(5) No amateur station may transmit in the 219-220 MHz segment from
a location that is within 80 km of an AMTS Coast Station that uses
frequencies in the 217-218/219-220 MHz AMTS bands unless that amateur
station licensee holds written approval from that AMTS licensee. The
location of AMTS Coast Stations using the 217-218/219-220 MHz channels
may be obtained as noted in paragraph (e)(4) of this section.
* * * * *
[FR Doc. 96-8385 Filed 4-5-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-8358 Federal Motor Vehicle Theft Prevention Standard; Final Listing of Model Year 1997 High-Theft Vehicle Lines
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15390-15394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8358]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. 96-17; Notice 01]
RIN: 2127-AG34
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
Model Year 1997 High-Theft Vehicle Lines
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
[[Page 15391]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule announces NHTSA's determination, for Model
Year (MY) 1997, of high-theft vehicle lines that will be subject to the
parts-marking requirements of the Federal motor vehicle theft
prevention standard and high-theft lines that will be exempted from the
parts-marking requirements because the vehicles are equipped with
agency-approved antitheft devices, pursuant to the statute relating to
motor vehicle theft prevention.
EFFECTIVE DATE: The amendment made by this final rule is effective
April 8, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Motor Vehicle
Theft Group, Office of Planning and Consumer Programs, NHTSA, 400
Seventh Street, S.W., Washington, D.C. 20590. Ms. Proctor's telephone
number is (202) 366-0846. Her fax number is (202) 493-2739.
SUPPLEMENTARY INFORMATION: The ``Anti Car Theft Act of 1992'' amended
the law relating to the parts-marking of major component parts on
designated high-theft vehicle lines and other motor vehicles. One
amendment made by the Anti Car Theft Act was to 49 U.S.C. 33101(10),
where the definition of ``passenger motor vehicle'' now includes a
``multipurpose passenger vehicle or light duty truck when that vehicle
or truck is rated at not more than 6,000 pounds gross vehicle weight.''
Since ``passenger motor vehicle'' was previously defined to include
passenger cars only, the effect of the Anti Car Theft Act is that
certain multipurpose passenger vehicle (MPV) and light-duty truck (LDT)
lines may be determined to be high-theft vehicles, subject to the
Federal motor vehicle theft prevention standard (49 CFR Part 541).
The purpose of the Theft Prevention Standard is to reduce the
incidence of motor vehicle theft by facilitating the tracing and
recovery of parts from stolen vehicles. The standard seeks to
facilitate such tracing by requiring that vehicle identification
numbers (VINs), VIN derivative numbers, or other symbols be placed on
major component vehicle parts. The Theft Prevention Standard requires
motor vehicle manufacturers to inscribe or affix VINs onto covered
original equipment major component parts and to inscribe or affix a
symbol identifying the manufacturer and a common symbol identifying the
replacement component parts for those original equipment parts on all
vehicle lines selected as high-theft.
Another amendment made by the Anti Car Theft Act was to 49 U.S.C.
33103. This section required NHTSA to promulgate a parts-marking
standard applicable to major parts installed by manufacturers of
``passenger motor vehicles (other than light duty trucks) in not to
exceed one-half of the lines not designated under section 33104 as
high-theft lines.'' NHTSA published the final rule amending 49 CFR Part
541, which now includes the definitions of MPV and LDT, and major
component parts. (See 59 F.R. 64164, December 13, 1995). In carrying
out section 33103, NHTSA reviewed theft rates of the 231 vehicle lines
that were listed in the 1990/91 theft rate data. (See 59 F.R. 12400,
March 16, 1994) A total of 116 vehicle lines (any line rated a number
116 or lower) was in the eligible pool of lines potentially subject to
parts-marking pursuant to section 33103.
Pursuant to the statutory mandate, NHTSA removed all light-duty
truck lines from the eligible pool. Section 33103(a) further directs
NHTSA to select only lines ``not designated under section 33104 of this
title as high theft lines.'' Thus, the agency removed any passenger
motor vehicle line that NHTSA had previously determined to be high
theft. After removing the ineligible lines, the agency determined that
there were 57 lines below the median still eligible for selection under
section 33103. Out of the 57 below-median lines left, the agency
designated the 45 lines with the highest theft rates to be marked
pursuant to section 33103 and section 33104(a)(1)(C).
49 U.S.C. 33104(a)(3) specifies that NHTSA shall select high-theft
vehicle lines with the agreement of the manufacturer, if possible.
Section 33104(d) provides that once a line has been designated as
likely high-theft, it remains subject to the Theft Prevention Standard
unless that line is exempted under Section 33106. Section 33106
provides that a manufacturer may petition to have a high-theft line
exempted from the requirements of section 33104, if the line is
equipped with an antitheft device as standard equipment. The exemption
is granted if NHTSA determines that the antitheft device is likely to
be as effective as compliance with the Theft Prevention Standard in
reducing and deterring motor vehicle thefts.
The agency annually publishes the names of the lines that were
previously listed as high-theft and the lines that are being listed for
the first time and will be subject to the Theft Prevention Standard
beginning with MY 1997. It also identifies those lines that are
exempted from the Theft Prevention Standard for the 1997 model year
because of standard equipment antitheft devices.
For MY 1997, the agency selected nine new vehicle lines as likely
to be high-theft lines, in accordance with the procedures published in
49 CFR Part 542. Of these newly selected lines, six have been exempted
by the agency from the parts-marking requirements of Part 541. The
three lines that have not been exempted are the Honda Passport, Honda
CRV, and Toyota RAV4. In addition to these newly selected lines, 45
existing vehicle lines were added that fell below the median. Further,
this listing of high-theft vehicles includes all those lines that were
selected as high-theft and listed for prior model years.
The list of lines that have been exempted by the agency from the
parts-marking requirements of Part 541 includes high-theft lines newly
exempted in full beginning with MY 1997. The six vehicle lines newly
exempted in full are the BMW 5 Car Line, General Motors Chevrolet
Cavalier, Honda Acura CLX, Jaguar XK8, Nissan Infiniti QX4, and
Volkswagen Passat.
Volkswagen also informed the agency that the MY 1996 final rule (60
FR 36231) listing of high-theft car lines inadvertently omitted from
Appendix A-I the following six lines: the Volkswagen Cabrio, the Jetta
III, the Audi Cabriolet, the Audi A6, S4, and S6. Further, Toyota
requested that the agency delete in the Appendix A-I listing: the
``Lexus ES 250,'' the ``Lexus LS 400'' and the ``Lexus SC300.'' These
lines will now be listed as the ``Lexus ES,'' the ``Lexus LS,'' and the
``Lexus SC.'' Additionally, the ``Lexus GS'' which was inadvertently
left off the listing published for MY 1996 is now added to this
listing. Finally, three lines were introduced after the final rule
listing of MY 1996 high-theft lines was published. These lines are
subject to the marking requirements of the Theft Prevention Standard,
the BMW Z3, the Porsche Boxster, and the Suzuki X90. The Porsche
Boxster received an exemption for the 1996 model year. The updated list
reflects this information.
Furthermore, this final rule responds to comments received from
Porsche Cars North America, Inc. (Porsche) and Subaru of America, Inc.
(Subaru), each requesting that one car line be deleted from the list
because it is no longer being produced. Those lines are the Porsche 944
and the Subaru XT. The Porsche 944 will be deleted from Appendix B of
49 CFR Part 541, since it was not covered prior to MY 1997 and it has
not been produced since MY 1991.
[[Page 15392]]
The agency understands Subaru's reasons for requesting deletion of
the XT from the list of vehicles subject to the parts-marking
requirements of the Theft Prevention Standard. However, NHTSA cannot
delete the Subaru XT from the list because it has been covered by the
Theft Prevention Standard since MY 1987. Pursuant to 49 U.S.C.
Sec. 33104(d), a vehicle line on the list of lines subject to parts-
marking cannot be removed from that list unless the manufacturer has
obtained an exemption from the parts-marking requirement based on the
installation of a qualified antitheft device as standard equipment on
the entire line.
The vehicles listed as being subject to the parts-marking standard
have previously been selected as high-theft lines in accordance with
the procedures set forth in 49 CFR Part 542. Under these procedures,
manufacturers evaluate new vehicle lines to conclude whether those new
lines are likely to be high theft. Manufacturers submit these
evaluations and conclusions to the agency, which makes an independent
evaluation and, on a preliminary basis, determines whether the new line
should be subject to the parts-marking requirements. NHTSA informs the
manufacturer in writing of its evaluations and determinations and the
factual information considered by the agency in making them. The
manufacturer may request the agency to reconsider the preliminary
determinations. Within 60 days of the receipt of these requests, the
agency makes its final determination. NHTSA informs the manufacturer by
letter of these determinations and its response to the request for
reconsideration. If there is no request for reconsideration, the
agency's determination becomes final 45 days after sending the letter
with the preliminary determination. Each of the new lines on the high-
theft list was the subject of a final determination either with section
33103 or section 33104.
Similarly, the lines listed as being exempt from the standard have
previously been exempted in accordance with the procedures of 49 CFR
Part 543 and section 33106.
Therefore, NHTSA finds for good cause that notice and opportunity
for comment on these listings are unnecessary. Further, public comment
on the listing of selections and exemptions is not contemplated by 49
U.S.C. Chapter 331 and is unnecessary since the selections and
exemptions have previously been made in accordance with the statutory
criteria and procedure.
For the same reasons, since this revised listing only informs the
public of previous agency actions and does not impose additional
obligations on any party, NHTSA finds for good cause that the amendment
made by this notice should be effective as soon as it is published in
the Federal Register.
Regulatory Impacts
1. Costs and Other Impacts
NHTSA has analyzed this rule and determined that it is not
``significant'' within the meaning of the Department of
Transportation's regulatory policies and procedures. The agency has
also considered this notice under Executive Order 12866. As already
noted, the selections in this final rule have previously been made in
accordance with the provisions of 49 U.S.C. 33104, and the
manufacturers of the selected lines have already been informed that
those lines are subject to the requirements of 49 CFR Part 541 for MY
1997. Further, this listing does not actually exempt lines from the
requirements of 49 CFR Part 541; it only informs the general public of
all such previously granted exemptions. Since the only purpose of this
final listing is to inform the public of prior agency actions for MY
1997, a full regulatory evaluation has not been prepared.
2. Regulatory Flexibility Act
The agency has also considered the effects of this listing under
the Regulatory Flexibility Act. I hereby certify that this rule will
not have a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is simply to
inform the public of those lines that are subject to the requirements
of 49 CFR Part 541 for MY 1997. The agency believes that the listing of
this information will not have any economic impact on small entities.
3. Environmental Impacts
In accordance with the National Environmental Policy Act of 1969,
the agency has considered the environmental impacts of this rule, and
determined that it will not have any significant impact on the quality
of the human environment.
4. Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this final rule does not have sufficient Federalism implications
to warrant the preparation of a Federalism Assessment.
5. Civil Justice Reform
This final rule does not have a retroactive effect. In accordance
with Sec. 33118 when the Theft Prevention Standard is in effect, a
State or political subdivision of a State may not have a different
motor vehicle theft prevention standard for a motor vehicle or major
replacement part. 49 U.S.C. 33117 provides that judicial review of this
rule may be obtained pursuant to 49 U.S.C. 32909. Section 32909 does
not require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
List of Subjects in 49 CFR Part 541
Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR Part 541 is amended as
follows:
PART 541--[AMENDED]
1. The authority citation for Part 541 continues to read as
follows:
Authority: 49 U.S.C. 33102-33104 and 33106; delegation of
authority at 49 CFR 1.50.
2. In Part 541, Appendices A, A-I and A-II are revised to read as
follows:
Appendix A to Part 541--Lines Subject to the Requirements of This
Standard
------------------------------------------------------------------------
Manufacturer Subject lines
------------------------------------------------------------------------
Alfa Romeo................... Milano 161, 164.
BMW.......................... Z3,1 3 Car Line, 6 Car Line.
[[Page 15393]]
Chrysler..................... Chrysler Cirrus, Chrysler Executive,
Sedan/Limousine, Chrysler Fifth Avenue/
Newport, Chrysler Laser, Chrysler
LeBaron/Town & Country, Chrysler LeBaron
GTS, Chrysler's TC, Chrysler New Yorker
Fifth Avenue, Chrysler Sebring, Chrysler
Town & Country,2 Dodge 600, Dodge Aries,
Dodge Avenger, Dodge Colt, Dodge
Daytona, Dodge Diplomat, Dodge Lancer,
Dodge Neon, Dodge Ramcharger (MPV),2
Dodge Ram Wagon/Van B-150,2Dodge Shadow,
Dodge Spirit,2 Dodge Stratus, Dodge
Stealth, Eagle Summit, Eagle Talon, Jeep
Cherokee (MPV),2 Jeep Wrangler (MPV), 2
Plymouth Acclaim,2 Plymouth Caravelle,
Plymouth Colt, Plymouth Laser, Plymouth
Gran Fury, Plymouth Neon, Plymouth
Reliant, Plymouth Sundance, Plymouth
Breeze.
Consulier.................... Consulier GTP.
Ferrari...................... Mondial 8, 308, 328.
Ford......................... Aspire,2 Crown Victoria,2 Ford Escort,2
Ford Mustang, Ford Probe, Ford Taurus,2
Ford Tempo,2 Ford Thunderbird, Lincoln
Continental, Lincoln Mark, Mercury
Capri, Mercury Cougar, Mercury Grand
Marquis,2 Mercury Sable,2 Mercury
Tracer,2 Mercury Topaz,2 Merkur Scorpio,
Merkur XR4Ti.
General Motors............... Buick Century,2 Buick Electra, Buick
Reatta, Buick Skylark,2 Chevrolet Astro
(MPV),2 Chevrolet Beretta,2 Chevrolet
Caprice,2 Chevrolet Corsica,2 Chevrolet
C-1500 Pickup,2 Chevrolet Lumina APV
(MPV),2 Chevrolet Monte Carlo (MYs 1987-
88), Chevrolet Nova, Chevrolet Blazer
(MPV),2 Chevrolet S-10 Pickup,2 GEO
Tracker (MPV),2 GEO Storm, GMC Jimmy
(MPV),2 GMC Safari (MPV),2 GMC Sonoma
Pickup,2 GMC Sierra 1500 Pickup,2
Oldsmobile Achieva,2 Oldsmobile
Bravada,2 Oldsmobile Cutlass Ciera,2
Oldsmobile Cutlass Supreme, Pontiac
Fiero, Pontiac Grand Am,2 Pontiac Grand
Prix, Pontiac Sunfire,2 Saturn Sports
Coupe.
Honda........................ Accord,2 Civic,2 CRV (MPV),2 Passport,2
Prelude,2 Acura Integra,2 TL.
Hyundia...................... Accent, Excel,2 Scoupe,2 Sonata2.
Isuzu........................ Impulse, Rodeo,2 Stylus, Trooper/Trooper
II2.
Jaguar....................... XJ, XJ-6, XJ-40.
Lotus........................ Elan.
Maserati..................... Biturbo, Quattroporte, 228.
Mazda........................ GLC, 626, MX-6, MX-5 Miata, MX-3.
Mercedes-Benz................ 190 D, 190 E, 250D-T, 260 E, 300 SE, 300
TD, 300 SDL, 300 SEC/500 SEC, 300 SEL/
500 SEL, 420 SEL, 560 SEL, 560 SEC.
Mitsubishi................... Cordia, Eclipse, Mirage, Montero (MPV),2
MPV,2 Pickup,2 Tredia, 3000GT.
Nissan....................... 240SX,2 Maxima, Pathfinder,2 Sentra,2
Stanza/Altima2.
Peugeot...................... 405.
Porsche...................... 924S.
Subaru....................... XT, SVX, Legacy.
Suzuki....................... X90 1, Samurai (MPV),2 Sidekick (MPV) 2.
Toyota....................... 4-Runner (MPV),2 Avalon, Camry, Celica,
Corolla/Corolla Sport, MR,2 RAV4 (MPV),2
Starlet, Tercel 2.
Volkswagen................... Audi Quattro, Rabbit, Scirocco.
------------------------------------------------------------------------
\1\ Lines added for MY 1996.
\1\ Lines added for MY 1997.
Appendix A-1---High-Theft Lines With Antitheft Devices Which Are
Exempted From the Parts-Marking Requirements of This Standard Pursuant
to 49 CFR Part 543
------------------------------------------------------------------------
Manufacturer Subject lines
------------------------------------------------------------------------
Austin Rover................. Sterling.
BMW.......................... 5 Car Line,\2\ 7 Car Line, 8 Car Line.
Chrysler..................... Chrysler Conquest, Imperial.
General Motors............... Buick Regal, Buick Riviera, Cadillac
Allante, Chevrolet Cavalier\2\,
Chevrolet Corvette, Chevrolet Lumina/
Monte Carlo, Oldsmobile Aurora,
Oldsmobile Toronado.
Honda........................ Acura CLX,\2\ Acura Legend, Acura NS-X,
Acura Vigor.
Isuzu........................ Impulse (MYs 1987-1991).
Jaguar....................... XK8 \2\.
Mazda........................ 929, RX-7, Millenia, Amati 1000.
Mercedes-Benz................ 124 Car Line (the models within this line
are): 300D, 300E, 300CE, 300TE, 400E,
500E; 129 Car Line (the models within
this line are): 300SL, 500SL, 600SL; 202
Car Line, C-Class.
Mitsubishi................... Galant, Starion, Diamante.
Nissan....................... 300ZX, Infiniti M30, Infiniti QX4,\2\
Infiniti Q45, Infiniti J30, Infiniti I.
Porsche...................... 911 928, 968, Boxster \1\
Saab......................... 900, 9000.
Toyota....................... Supra, Cressida, Lexus ES, Lexus GS,
Lexus LS, Lexus SC.
Volkswagen................... Audi 5000S, Audi 100, Audi 200, Audi A6,
Audi S4, Audi S6, Audi Cabriolet,
Volkswagen Cabrio, Volkswagen Corrado,
Volkswagen Golf/GTI, Volkswagen
Passat,\2\ Volkswagen Jetta/Jetta III.
------------------------------------------------------------------------
\1\ Exempted in full beginning with MY 1996.
\2\ Exempted in full beginning with MY 1997.
Appendix A-II to Part 541--High-Theft Lines With Antitheft Devices Which Are Exempted in Part From the Parts-
Marking Requirements of This Standard Pursuant to 49 CFR Part 543
----------------------------------------------------------------------------------------------------------------
Manufacturers Subject lines Parts to be marked
----------------------------------------------------------------------------------------------------------------
General Motors........................... Buick LeSabre.............. Engine, Transmission.
[[Page 15394]]
Buick Park Avenue.......... Engine, Transmission.
Cadillac Deville........... Engine, Transmission.
Cadillac Eldorado.......... Engine, Transmission.
Cadillac Seville........... Engine, Transmission.
Cadillac Sixty Special \1\. Engine, Transmission.
Oldsmobile 98.............. Engine, Transmission.
Pontiac Bonneville......... Engine, Transmission.
Pontiac Firebird........... Engine, Transmission.
Chevrolet Camaro........... Engine, Transmission.
Oldsmobile 88 Royale....... Engine, Transmission.
----------------------------------------------------------------------------------------------------------------
\1\ Renamed the Cadillac Concours beginning with MY 1994.
Issued on: April 1, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-8358 Filed 4-5-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-8249 Land Disposal Restrictions Phase IIIDecharacterized Wastewaters, Carbamate Wastes, and Spent Potliners
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15660-15668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8249]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148, 268 and 403
[EPA # 530-Z-96-002; FRL-5452-7]
RIN 2050-AD38
Land Disposal Restrictions Phase III--Decharacterized
Wastewaters, Carbamate Wastes, and Spent Potliners
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal and amendment of final rule.
-----------------------------------------------------------------------
SUMMARY: Elsewhere in this Federal Register, EPA is promulgating a
final rule which, among other things, revises treatment standards for
hazardous wastewaters that exhibit the characteristic of ignitability,
corrosivity, reactivity, or toxicity. The revised treatment standards
were promulgated to implement the mandate of the opinion of the Circuit
Court of Appeals for the District of Columbia Circuit in Chemical Waste
Management (CWM) v. EPA, 976 F. 2d 2 (D.C. Cir. 1992) cert. denied 507
U.S. 1057 (1993). On March 26, 1996, President Clinton signed into law
the Land Disposal Program Flexibility Act of 1996 which, among other
things, provides that the wastes in question are no longer prohibited
from land disposal so long as they are not hazardous wastes at the
point they are land disposed. By operation of the statute, this
provision is made effective immediately and therefore essentially
overrules this portion of the CWM opinion. EPA accordingly is
incorporating the statutory provision into the regulations by amending
and/or withdrawing the portions of the regulations that are superseded
by the new legislation. The amendment/withdrawal of these standards
does not affect any other part of the final rule; and the effective
dates of the other actions in the final rule likewise will not change.
Furthermore, EPA is amending parts of the LDR Phase II final rule,
published on September 19, 1994 (59 FR 47982) which are also overruled
by the legislation.
EFFECTIVE DATE: April 5, 1996.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at 800-424-9346 (toll-free) or 703-412-9810 locally. For
specific information on the LDR Phase III rule
[[Page 15661]]
and this document, contact Peggy Vyas in the Office of Solid Waste,
phone 703-308-8594.
SUPPLEMENTARY INFORMATION:
I. Today's Action
Elsewhere in this Federal Register, a final rule is published which
revises treatment standards for decharacterized wastewaters that are
managed in surface impoundments regulated under the Clean Water Act
(CWA) or in CWA-equivalent systems, and in Class I nonhazardous waste
injection wells regulated under the Safe Drinking Water Act (SDWA).
Among other actions, the final rule would have (1) revised 40 CFR
148.1(b) and (d), 148.3, 148.4, 148.20(a), 268.3, 268.40(e), 268.44(a),
and 403.5(d); and (2) amended 268.1(e), 268.9(d), and 403.5(c); as well
as (3) added 148.18, 268.2 (k) and (l), 268.9 (e), (f), and (g), and
268.39. EPA also promulgated certain regulations as part of the LDR
Phase II rule prohibiting injection of certain decharacterized wastes
(see 40 CFR 148.17(c) and 268.1(c)(3) at 59 FR 48041 and 48043
(September 19, 1994)).
EPA promulgated these provisions to implement the holding and
reasoning of the D.C. Circuit's opinion in CWM v. EPA, 976 F. 2d 2
(D.C. Cir. 1992), cert. denied 507 U.S. 1057 (1993). EPA interpreted
this opinion to require hazardous constituents in characteristic wastes
to be treated so that the constituents were removed, destroyed or
immobilized before the wastes were permanently land disposed, in order
to minimize threats posed by land disposal of the wastes. This
requirement extended to wastewaters managed in the types of centralized
wastewater management systems mentioned above. In doing so, EPA noted
in the LDR Phase III final rule, published elsewhere in this Federal
Register, that it would not have set treatment standards for hazardous
constituents in these characteristic wastewaters at this time but for
the court's opinion, and noted the pendency of legislation which could
overrule the court's opinion and so require amendments to the final
rule.
Congress has now passed that legislation, the Land Disposal Program
Flexibility Act of 1996, and President Clinton signed it into law on
March 26, 1996 (Public Law 104-119, 100 Stat. 830). A main purpose of
the legislation is to put back in place the approach for centrally-
managed, decharacterized wastewater which EPA adopted in the LDR
``Third Third'' rule promulgated on June 1, 1990 (55 FR 22520). The new
legislation states, in essence, that hazardous wastes which are
hazardous only because they are identified as exhibiting a
characteristic are not prohibited from land disposal if they are
managed in either a treatment system whose ultimate discharge is
regulated under the CWA (including both direct and indirect
dischargers), a CWA-equivalent treatment system, or a Class I
nonhazardous injection well regulated under the SDWA, provided that the
wastes no longer are hazardous (i.e. no longer exhibit a
characteristic) at the point land disposal occurs (RCRA Sec. 3004(g)
(7) and (8)). The characteristic can be removed by any means, including
dilution or other deactivation through aggregation of different
wastestreams preceding land disposal (see H. Rep. No. 454, 104th Cong.
2d Sess. at 9). For wastes managed in CWA or CWA-equivalent systems,
there is a further caveat that characteristic wastes for which EPA has
promulgated a method of treatment as the treatment standard (for
example, high TOC ignitable wastes for which the treatment standard is
recovery of organics (RORGS) or combustion (CMBST)) remain prohibited
unless treated pursuant to that method (RCRA Sec. 3004(g)(7)). Reactive
cyanide wastes (i.e. wastes that may release toxic emissions when
exposed to pH conditions between 2 and 12 as defined in 40 CFR
261.23(a)(5)) likewise remain prohibited from disposal units in CWA and
CWA-equivalent treatment systems unless first treated to satisfy the
treatment standard (id.).
The purpose of this notice is to withdraw the portions of the
existing rules which are inconsistent with the new statute and
therefore no longer in effect, or, in a few limited instances, to amend
language which cannot be feasibly withdrawn. Thus, treatment standards
for wastes identified as exhibiting a characteristic and managed in
centralized wastewater management systems identified above will require
only that the wastes be deactivated (i.e. rendered non-hazardous)
before they are land disposed. The exception will continue to be for
wastes for which the treatment standard is a method of treatment--
namely high TOC ignitables--and for reactive cyanide wastes, which must
be treated to satisfy the existing treatment standard before land
disposal in a surface impoundment at CWA and CWA-equivalent treatment
systems.
This action puts back in place the rules which existed before EPA
promulgated the LDR Phase III provisions. Thus, for example,
withdrawing the version of 148.1(d) promulgated in the LDR Phase III
rule has the effect of restoring the previous version of that
provision. EPA believes that withdrawing the portions of the rules that
have been superseded is the quickest and simplest way of amending the
rules that conform to the new legislation. Certain portions of the LDR
Phase III rule have to be amended (namely Secs. 268.3, 268.39 and
268.40) because withdrawing them would undo other revisions which are
not affected by the legislation. \1\
\1\ In addition, EPA is withdrawing Sec. 148.18(d) because this
prohibition already exists in Sec. 148.16 (c) and (f).
---------------------------------------------------------------------------
EPA realizes that there may be certain questions relating to other
provisions of the rules which may benefit from clarifying revisions in
light of the statutory amendment. (Communications from various affected
parties suggesting such changes are part of the record for this
notice.) EPA is limiting this notice to changes that have to be made to
eliminate superceded regulatory provisions. EPA intends to pursue the
possibility of whether clarifying amendments are needed in other
proceedings.
EPA does wish, however, that to clarify that as a result of
withdrawing these provisions, generators with decharacterized
wastewaters that are being managed in CWA or CWA-equivalent systems or
injected into Class I nonhazardous injection wells do not have to
identify underlying hazardous constituents. EPA also wishes to make
clear to States that withdrawing these provisions removes the
obligation for States to adopt them as part of an authorized program.
II. Interpretive Issues
A. Definition of CWA-Equivalent Treatment
The legislation does not define what a CWA-equivalent treatment
system is, leaving the issue to the Administrator (RCRA
Sec. 3004(g)(7)(A)). EPA's existing rules at 40 CFR 268.38(a) provide a
definition: ``CWA equivalent treatment means biological treatment for
organics, alkaline chlorination or ferrous sulfate precipitation for
cyanide, precipitation/sedimentation for metals, reduction of
hexavalent chromium, or other treatment technology that can be
demonstrated to perform equally or better than these technologies.''
EPA intends to use this definition in implementing the new statute.
B. Wastes Listed Because They Exhibit a Characteristic
A number of wastes, such as F003 ignitable solvents, are listed as
hazardous solely because they exhibit a characteristic of hazardous
waste. The legislation does not by its terms apply
[[Page 15662]]
to such wastes (it applies only to wastes that are identified by
characteristic, and so does not apply to listed wastes). EPA's current
rules addressing the status of this type of waste under the LDR program
are tangled. The Agency initially found that the dilution prohibition
should apply to such wastes. See 56 FR 3864 and 3871 (Jan. 31, 1991).
However, in a later notice, EPA amended the rules so that wastewaters
that are listed solely because they exhibit a characteristic would not
be subject to the dilution prohibition. 57 FR 37194 and 37263 (August
18, 1992). EPA did so to be consistent with the Third Third rule's
approach to characteristic wastewaters. Id. at 37210-37211. This action
occurred before the D.C. Circuit issued its decision remanding portions
of the Third Third rule dealing with wastewaters. The Agency never
corrected the regulation (found at 40 CFR 261.3(a)(2)(iii)) to conform
to the opinion.
EPA's initial view is that the existing regulatory provision not
applying the dilution prohibition to wastewaters listed because they
exhibit a characteristic is probably inconsistent with the court's
opinion, but that the principles of the new legislation (although not
its language) could apply to these wastes. EPA thus has a policy choice
as to whether to amend the existing rule. Today's notice is not
intended to make policy choices, but rather to withdraw those rules no
longer in effect. EPA plans to revisit this issue in a later
proceeding. In the interim, the existing rule which provides that the
dilution prohibition does not apply to wastewaters listed solely
because they exhibit a characteristic remains in effect.
III. Status of Other LDR Treatment Standards
EPA is not withdrawing other treatment standards promulgated in
either the LDR Phase III rule or other rules implementing portions of
the court's opinion that are unaffected by the new legislation.
Consequently, the provisions of the May 24, 1993, Interim Final Rule
(58 FR 29860), which applied to disposal not involving the types of
centralized wastewater management systems covered by the legislation,
remain unaffected. Thus, underlying hazardous constituents in
decharacterized wastes that are disposed of in systems other than these
centralized wastewater management systems must continue to be treated
before land disposal. Similarly, EPA amended the treatment standards
for reactive wastes in the LDR Phase III final rule, published
elsewhere in this Federal Register, to require that underlying
hazardous constituents be treated when the wastes are land disposed
(with an exception for certain types of emergency detonation
situations). These requirements are likewise not addressed by the
legislation (unless centralized wastewater management of the wastes is
involved), and EPA is consequently not withdrawing these treatment
standards.
IV. Rationale for Immediate Effective Date
EPA is taking this action without prior notice and opportunity to
comment. Because the provisions of the legislation are effective
immediately, the legislation overrules the D.C. Circuit's opinion, and
thus necessarily overrules the rules implementing those parts of the
opinion. Consequently, those rules need to be withdrawn to reflect the
new statute. The situation is similar to what the Agency faced in 1985
when it codified portions of the 1984 amendments to RCRA without prior
notice and opportunity to comment. 50 FR 28704 (July 15, 1985). The
Agency's action was upheld in United Technologies v. EPA, 821 F. 2d
714, 720 (D.C. Cir. 1987). See also Metzenbaum v. Federal Energy
Regulatory Commission (FERC), 675 F. 2d 1282, 1291 (D.C. Cir. 1982)
(funding orders implementing statutory waiver were non-discretionary
acts regulated by such waiver and that notice and comment procedures
were unnecessary and possibly contrary to public interest ``given the
expense that would have been involved in the futile gesture''); Hadson
Gas Systems v. FERC, ______ F. 2d ____ (D.C. Cir. Feb. 9, 1996)
(because controlling statute left FERC no authority to retain a
regulation, notice and comment is not needed to withdraw it). EPA views
today's effort as comparable to that involved in codifying the 1984
amendments since the legislation is focused clearly on one particular
set of regulations and requires little interpretation by the Agency,
and consequently that the decision to issue an immediately final
withdrawal is justified. Consequently, EPA believes that good cause
exists to issue this rule in immediately final form.
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.
40 CFR Part 403
Reporting and recordkeeping requirements, Waste treatment and
disposal, Water pollution controls.
Dated: March 29, 1996.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:
1. The amendments revising 40 CFR 148.1(b) and (d), 148.3, 148.4,
148.20(a) introductory text, 268.3, 268.40(e), 268.44(a), and 403.5(d);
as well as the amendments amending 40 CFR 268.1(e), 268.9(d), and
403.5(c); as well as the amendments adding 40 CFR 148.18, 268.2(k) and
(l), 268.9(e), (f), and (g), and 268.39 as published elsewhere in this
issue of the Federal Register are withdrawn.
PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS
2. The authority citation for part 148 continues to read as
follows:
Authority: Sec. 3004, Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq.
Sec. 148.17--[Amended]
3. Section 148.17 is amended by removing and reserving paragraph
(c).
4. Section 148.18 is added to subpart B to read as follows:
Sec. 148.18 Waste specific prohibitions--newly identified wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous waste numbers K156-K161, P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-
U379, U381-387, U389-U396, U400-U404, U407, and U409-U411 are
prohibited from underground injection.
(b) On January 8, 1997, the wastes specified in 40 CFR 261.32 as
EPA Hazardous waste number K088 is prohibited from underground
injection.
(c) On April 8, 1998, the wastes specified in 40 CFR part 261 as
EPA Hazardous waste numbers D018-043, and Mixed TC/Radioactive wastes,
are prohibited from underground injection.
PART 268--LAND DISPOSAL RESTRICTIONS
5. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
[[Page 15663]]
Subpart A--General
6. Section 268.1 is amended by removing and reserving paragraph
(c)(3).
7. Section 268.3 is revised to read as follows:
Sec. 268.3 Dilution prohibited as a substitute for treatment.
(a) Except as provided in paragraph (b) of this section, no
generator, transporter, handler, or owner or operator of a treatment,
storage, or disposal facility shall in any way dilute a restricted
waste or the residual from treatment of a restricted waste as a
substitute for adequate treatment to achieve compliance with subpart D
of this part, to circumvent the effective date of a prohibition in
subpart C of this part, to otherwise avoid a prohibition in subpart C
of this part, or to circumvent a land disposal prohibition imposed by
RCRA section 3004.
(b) Dilution of wastes that are hazardous only because they exhibit
a characteristic in a treatment system which treats 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 treats wastes
in a CWA-equivalent treatment system, or which treats 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
has been specified in Sec. 268.40 as the treatment standard, or unless
the waste is a D003 reactive cyanide wastewater or nonwastewater.
(c) Combustion of the hazardous waste codes listed in Appendix XI
of this part is prohibited, unless the waste, at the point of
generation, or after any bona fide treatment such as cyanide
destruction prior to combustion, can be demonstrated to comply with one
or more of the following criteria (unless otherwise specifically
prohibited from combustion):
(1) The waste contains hazardous organic constituents or cyanide at
levels exceeding the constituent-specific treatment standard found in
Sec. 268.48;
(2) The waste consists of organic, debris-like materials (e.g.,
wood, paper, plastic, or cloth) contaminated with an inorganic metal-
bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value
such as greater than or equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a
required method of treatment;
(5) The waste is subject to Federal and/or State requirements
necessitating reduction of organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
8. Section 268.39 is added to read as follows:
Sec. 268.39 Waste specific prohibitions--spent aluminum potliners;
reactive; and carbamate wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous Waste numbers K156-K161; and in 40 CFR 261.33 as EPA
Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199,
P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-
U387, U389-U396, U400-U404, U407, and U409-U411 are prohibited from
land disposal. In addition, soil and debris contaminated with these
wastes are prohibited from land disposal.
(b) On July 8, 1996, the wastes identified in 40 CFR 261.23 as D003
that are managed in systems other than those whose discharge is
regulated under the Clean Water Act (CWA), or that inject in Class I
deep wells regulated under the Safe Drinking Water Act (SDWA), or that
are zero dischargers that engage in CWA-equivalent treatment before
ultimate land disposal, are prohibited from land disposal. This
prohibition does not apply to unexploded ordnance and other explosive
devices which have been the subject of an emergency response. (Such
D003 wastes are prohibited unless they meet the treatment standard of
DEACT before land disposal (see Sec. 268.40)).
(c) On January 8, 1997, the wastes specified in 40 CFR 261.32 as
EPA Hazardous Waste number K088 are prohibited from land disposal. In
addition, soil and debris contaminated with these wastes are prohibited
from land disposal.
(d) On April 8, 1998, Radioactive wastes mixed with K088, K156-
K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271,
U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396,
U400-U404, and U407, U409-U411 are also prohibited from land disposal.
In addition, soil and debris contaminated with these radioactive mixed
wastes are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998, the wastes included in
paragraphs (a), (b), (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 Sec. 268.5(h)(2).
(f) The requirements of paragraphs (a), (b), (c), and (d) of this
section do not apply if:
(1) The wastes meet the applicable treatment standards specified in
Subpart D of this part;
(2) Persons have been granted an exemption from a prohibition
pursuant to a petition under Sec. 268.6, with respect to those wastes
and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards
established pursuant to a petition granted under Sec. 268.44;
(4) Persons have been granted an extension to the effective date of
a prohibition pursuant to Sec. 268.5, with respect to these wastes
covered by the extension.
(g) To determine whether a hazardous waste identified in this
section exceeds the applicable treatment standards specified in
Sec. 268.40, the initial generator must test a sample of the waste
extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the
waste, or the generator may use knowledge of the waste. If the waste
contains constituents in excess of the applicable Subpart D levels, the
waste is prohibited from land disposal, and all requirements of this
part 268 are applicable, except as otherwise specified.
9. Section 268.40 is amended by revising paragraph (e) to read as
follows:
Sec. 268.40 Applicability of treatment standards.
* * * * *
(e) For characteristic wastes (D001-D003, and D018-D043) that are
subject to treatment standards in the following table ``Treatment
Standards for Hazardous Wastes,'' all underlying hazardous constituents
(as defined in Sec. 268.2(i)) must meet Universal Treatment Standards,
found in Sec. 268.48, ``Table UTS,'' prior to land disposal as defined
in Sec. 268.2(c).
* * * * *
10. In Sec. 268.40, Table Sec. 268.40, as revised elsewhere in this
issue of the Federal Register, is further amended by removing note 8 at
the end of the table and by revising the entries for D001, D002, D003
and D018-D043 to read as follows:
* * * * *
[[Page 15664]]
Treatment Standards for Hazardous Wastes
(Note: NA means not applicable.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulated Hazardous Constituent Wastewaters Nonwastewaters
---------------------------------------------------------------------------------------
Concentration in
Waste code Waste description and treatment/regulatory Concentration in mg/kg \5\ unless
subcategory \1\ Common name CAS \2\ No. mg/l \3\; or noted as ``mg/l
technology code TCLP''; or
\4\ technology code
--------------------------------------------------------------------------------------------------------------------------------------------------------
D001................ Ignitable Characteristic Wastes, except NA.............................. NA DEACT DEACT
for the Sec. 261.21(a)(1) High TOC and meet Sec. and meet Sec.
Subcategory, that are managed in non-CWA/ 268.48 standards; 268.48 standards;
non-CWA-equivalent/non-Class I SDWA or RORGS; or CMBST or RORGS; or CMBST
systems.
Ignitable Characteristic Wastes, except NA.............................. NA DEACT DEACT
for the Sec. 261.21(a)(1) High TOC
Subcategory, that are managed in CWA/CWA-
equivalent/Class I SDWA systems.
High TOC Ignitable Characteristic Liquids NA.............................. NA NA RORGS; or CMBST
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).
D002................ Corrosive Characteristic Wastes that are NA.............................. NA DEACT DEACT
managed in non-CWA/non-CWA equivalent/non- and meet Sec. and meet Sec.
Class I SDWA systems. 268.48 standards 268.48 standards
Corrosive Characteristic Wastes that are NA.............................. NA DEACT DEACT
managed in CWA, CWA-equivalent, or Class
I SDWA systems.
* * * * * * *
D003................ Reactive Sulfides Subcategory based on NA.............................. NA DEACT DEACT
261.23(a)(5).
Unexploded ordnance and other explosive NA.............................. NA DEACT DEACT
devices which have been the subject of an
emergency response.
Explosives Subcategory based on 261.23(a) NA.............................. NA DEACT DEACT
(6), (7), and (8). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
Other Reactives Subcategory based on NA.............................. NA DEACT DEACT
261.23(a)(1).
Water Reactive Subcategory based on NA.............................. NA NA DEACT
261.23(a) (2), (3), and (4). (Note: This and meet Sec.
subcategory consists of nonwastewaters 268.48 standards
only.).
Reactive Cyanides Subcategory based on Cyanides (Total) \7\............ 57-12-5 Reserved 590
261.23(a)(5).
Cyanides (Amenable) \7\......... 57-12-5 0.86 30
* * * * * * *
D018................ Wastes that are TC for Benzene based on Benzene......................... 71-43-2 0.14 10
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Benzene based on Benzene......................... 71-43-2 0.14 10
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D019................ Wastes that are TC for Carbon Carbon tetrachloride............ 56-23-5 0.057 6.0
tetrachloride based on the TCLP in SW846 and meet Sec. and meet Sec.
Method 1311 and that are managed in non- 268.48 standards 268.48 standards
CWA/non-CWA equivalent/non-Class I SDWA
systems only.
Wastes that are TC for Carbon Carbon tetrachloride............ 56-23-5 0.057 6.0
tetrachloride based on the TCLP in SW846
Method 1311 and that are managed in CWA,
CWA equivalent, or Class I SDWA systems.
D020................ Wastes that are TC for Chlordane based on Chlordane (alpha and gamma 57-74-9 0.0033 0.26
the TCLP in SW846 Method 1311 and that isomers). and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Chlordane based on Chlordane (alpha and gamma 57-74-9 0.0033 0.26
the TCLP in SW846 Method 1311 and that isomers).
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
[[Page 15665]]
D021................ Wastes that are TC for Chlorobenzene based Chlorobenzene................... 108-90-7 0.057 6.0
on the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Chlorobenzene based Chlorobenzene................... 108-90-7 0.057 6.0
on the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D022................ Wastes that are TC for Chloroform based on Chloroform...................... 67-66-3 0.046 6.0
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Chloroform based on Chloroform...................... 67-66-3 0.046 6.0
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D023................ Wastes that are TC for o-Cresol based on o-Cresol........................ 95-48-7 0.11 5.6
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for o-Cresol based on o-Cresol........................ 95-48-7 0.11 5.6
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D024................ Wastes that are TC for m-Cresol based on m-Cresol (difficult to 108-39-4 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from p-cresol). and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for m-Cresol based on m-Cresol (difficult to 108-39-4 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from p-cresol).
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D025................ Wastes that are TC for p-Cresol based on p-Cresol (difficult to 106-44-5 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from m-cresol). and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for p-Cresol based on p-Cresol (difficult to 106-44-5 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from m-cresol).
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D026................ Wastes that are TC for Cresols (Total) Cresol-mixed isomers (Cresylic 1319-77-3 0.88 11.2
based on the TCLP in SW846 Method 1311 acid) (sum of o-, m-, p-cresol and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA concentrations). 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Cresols (Total) Cresol-mixed isomers (Cresylic 1319-77-3 0.88 11.2
based on the TCLP in SW846 Method 1311 acid) (sum of o-, m-, and p-
and that are managed in CWA, CWA cresol concentrations).
equivalent, or Class I SDWA systems.
D027................ Wastes that are TC for p-Dichlorobenzene p-Dichlorobenzene (1,4- 106-46-7 0.090 6.0
based on the TCLP in SW846 Method 1311 Dichlorobenzene). and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for p-Dichlorobenzene p-Dichlorobenzene (1,4- 106-46-7 0.090 6.0
based on the TCLP in SW846 Method 1311 Dichlorobenzene).
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D028................ Wastes that are TC for 1,2-Dichloroethane 1,2-Dichloroethane.............. 107-06-2 0.21 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA system only.
[[Page 15666]]
Wastes that are TC for 1,2-Dichloroethane 1,2-Dichloroethane.............. 107-06-2 0.21 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D029................ Wastes that are TC for 1,1- 1,1-Dichloroethylene............ 75-35-4 0.025 6.0
Dichloroethylene based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311 and that are managed in 268.48 standards 268.48 standards
non-CWA/non-CWA equivalent/non-Class I
SDWA system only.
Wastes that are TC for 1,1- 1,1-Dichloroethylene............ 75-35-4 0.025 6.0
Dichloroethylene based on the TCLP in
SW846 Method 1311 and that are managed in
CWA, CWA equivalent, or Class I SDWA
systems.
D030................ Wastes that are TC for 2,4-Dinitrotoluene 2,4-Dinitrotoluene.............. 121-14-2 0.32 140
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA system only.
Wastes that are TC for 2,4-Dinitrotoluene 2,4-Dinitrotoluene.............. 121-14-2 0.32 140
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D031................ Wastes that are TC for Heptachlor based on Heptachlor...................... 76-44-8 0.0012 0.066
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Heptachlor epoxide.............. 1024-57-3 0.016 0.066
and meet Sec. and meet Sec.
268.48 standards 268.48 standards
Wastes that are TC for Heptachlor based on Heptachlor...................... 76-44-8 0.0012 0.066
the TCLP ion SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
Heptachlor epoxide.............. 1024-57-3 0.016 0.066
D032................ Wastes that are TC for Hexachlorobenzene Hexachlorobenzene............... 118-74-1 0.55 10
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA system only.
Wastes that are TC for Hexachlorobenzene Hexachlorobenzene............... 118-74-1 0.055 10
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D033................ Wastes that are TC for Hexachlorobutadiene Hexachlorobutadiene............. 87-68-3 0.055 5.6
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Hexachlorobutadiene Hexachlorobutadiene............. 87-68-3 0.055 5.6
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D034................ Wastes that are TC for Hexachloroethane Hexachloroethane................ 67-72-1 0.055 30
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Hexachloroethane Hexachlorethane................. 67-72-1 0.055 30
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
[[Page 15667]]
D035................ Wastes that are TC for Methyl ethyl ketone Methyl ethyl ketone............. 78-93-3 0.28 36
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Methyl ethyl ketone Methyl ethyl ketone............. 78-93-3 0.28 36
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, Class I SDWA systems.
D036................ Wastes that are TC for Nitrobenzene based Nitrobenzene.................... 98-95-3 0.068 14
on the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Nitrobenzene based Nitrobenzene.................... 98-95-3 0.068 14
on the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, Class
I SDWA systems.
D037................ Wastes that are TC for Pentachlorophenol Pentachlorophenol............... 87-86-5 0.089 7.4
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Pentachlorophenol Pentachlorophenol............... 87-86-5 0.089 7.4
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, Class I SDWA systems.
D038................ Wastes that are TC for Pyridine based on Pyridine........................ 110-86-1 0.014 16
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Pyridine based on Pyridine........................ 110-86-1 0.014 16
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D039................ Wastes that are TC for Tetrachloroethylene Tetrachloroethylene............. 127-18-4 0.056 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Tetrachloroethylene Tetrachloroethylene............. 127-18-4 0.056 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D040................ Wastes that are TC for Trichloroethylene Trichloroethylene............... 79-01-6 0.054 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Trichloroethylene Trichloroethylene............... 79-01-6 0.054 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D041................ Wastes that are TC for 2,4,5- 2,4,5-Trichlorophenol........... 95-95-4 0.18 7.4
Trichlorophenol based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311 and that are managed in 268.48 standards 268.48 standards
non-CWA/non-CWA equivalent/non-Class I
SDWA systems only.
Wastes that are TC for 2,4,5- 2,4,5-Trichlorophenol........... 95-95-4 0.18 7.4
Trichlorophenol based on the TCLP in
SW846 Method 1311 and that are managed in
CWA, CWA equivalent, or Class I SDWA
systems.
[[Page 15668]]
D042................ Wastes that are TC for 2,4,6- 2,4,6-Trichlorophenol........... 88-06-2 0.035 7.4
Trichlorophenol based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311 and that are managed in 268.48 standards 268.48 standards
non-CWA/non-CWA equivalent/non-Class I
SDWA systems only.
Wastes that are TC for 2,4,6- 2,4,6-Trichlorophenol........... 88-06-2 0.035 7.4
Trichlorophenol based on the TCLP in
SW846 Method 1311 and that are managed in
CWA, CWA equivalent, or Class I SDWA
systems.
D043................ Wastes that are TC for Vinyl chloride Vinyl chloride.................. 75-01-4 0.27 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Vinyl chloride Vinyl chloride.................. 75-01-4 0.27 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 if given for the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/l and 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 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 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.
* * * * * *
\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 distillation time of one hour and 15 minutes.
[FR Doc. 96-8249 Filed 4-5-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15566-15660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7597]
[[Page 15565]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 148, et al.
Land Disposal Restrictions Phase III; Final Rule and Partial Withdrawal
and Amendment of Final Rule
Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules
and Regulations
[[Page 15566]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148, 268, 271, and 403
RIN 2050-AD38
[EPA # 530-Z-96-002; FRL-5438-3]
Land Disposal Restrictions Phase III--Decharacterized Wastewaters,
Carbamate Wastes, and Spent Potliners
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is promulgating treatment standards for hazardous wastes
from the production of carbamate pesticides and from primary aluminum
production under its Land Disposal Restrictions (LDR) program. The
purpose of the LDR program, authorized by the Resource Conservation and
Recovery Act (RCRA), is to minimize short- and long-term threats to
human health and the environment due to land disposal of hazardous
wastes.
The Agency is also amending the treatment standards for hazardous
wastes that exhibit the characteristic of reactivity. The rule also
begins the process of amending existing treatment standards for
wastewaters which are hazardous because they display the characteristic
of ignitability, corrosivity, reactivity, or toxicity. These wastes are
sometimes treated in lagoons whose ultimate discharge is regulated
under the Clean Water Act, and sometimes injected into deepwells which
are regulated under the Safe Drinking Water Act. Prior to today's rule,
the treatment standard for these wastes required only removal of the
characteristic property. Today's revised treatment standards require
treatment, not only to remove the characteristic, but also to treat any
underlying hazardous constituents which may be present in the wastes.
Therefore, these revised treatment standards will minimize threats from
exposure to hazardous constituents which may potentially migrate from
these lagoons or wells.
Finally, EPA is codifying as a rule its existing Enforcement Policy
that combustion of inorganic wastes is an impermissible form of
treatment because hazardous constituents are being diluted rather than
effectively treated.
EFFECTIVE DATE: This final rule is effective on April 8, 1996, except:
Sections 148.18(a), 268.39(a), (b), and (f), which are effective on
July 1, 1996; and
Sections 148.18(b) and 268.39(c), which are effective on January 8,
1997; and
Sections 148.1 (a), (b), and (d), 148.3, 148.4, 148.18 (c) and (d),
148.20(a), 268.1(e), 268.2 (k) and (l), 268.3 (a) and (b), 268.9 (d),
(e), (f), and (g), 268.39 (d) and (e), 268.44(a), and 403.5 (c) and
(d), which are effective on April 8, 1998.
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 on the LDR
program, contact the RCRA Hotline at 800-424-9346 (toll-free) or 703-
412-9810 locally. For general information on today's rule, contact
Peggy Vyas in the Office of Solid Waste, phone 703-308-8594.
SUPPLEMENTARY INFORMATION:
Glossary of Acronyms
BAT--Best Available Technology
BDAT--Best Demonstrated Available Technology
BIFs--Boilers and Industrial Furnaces
CAA--Clean Air Act
CWA--Clean Water Act
EP--Extraction Procedure
HON--Hazardous Organic NESHAPs
HSWA--Hazardous and Solid Waste Amendments
HWIR--Hazardous Waste Identification Rule
ICR--ignitable, corrosive, and reactive wastes, or, Information
Collection Request (in section IX.D.)
ICRT--ignitable, corrosive, reactive, and TC wastes
LDR--Land Disposal Restrictions
NESHAPs--National Emission Standards for Hazardous Air Pollutants
NPDES--National Pollutant Discharge Elimination System
POTW--Publicly-Owned Treatment Works
PSES--Pretreatment Standards for Existing Sources
PSNS--Pretreatment Standards for New Sources
RCRA--Resource Conservation and Recovery Act
RIA--Regulatory Impact Analysis
SDWA--Safe Drinking Water Act
TC--toxicity characteristic
TCLP--Toxicity Characteristic Leaching Procedure
TRI--Toxic Release Inventory
UIC--Underground Injection Control
UTS--Universal Treatment Standards
Outline
I. Background
A. Summary of the Statutory Requirements of the 1984 Hazardous
and Solid Waste Amendments, and Requirements of the 1993 Consent
Decree with the Environmental Defense Fund
B. Treatment Standards for Hazardous Wastes That Exhibit a
Characteristic--The D.C. Circuit's Opinion in Chemical Waste
Management v. EPA
II. Miscellaneous Issues for Which EPA is Not Finalizing an Approach
in This Final Rule
A. Treatment Standards for Organobromine Wastes
B. Potential Prohibition of Nonamenable Wastes From Land-Based
Biological Treatment Systems
C. Certain Sections of Completing Universal Treatment Standards
D. Prohibition of Hazardous Waste as Fill Material
E. Point of Generation
F. Prohibition on Using Iron Filings to Stabilize Spent Foundry
Sand
III. End-of-Pipe Equivalence: Treatment Standards for Clean Water
Act (CWA) and CWA-Equivalent Wastewater Treatment Systems
A. Types of Facilities to Which Treatment Standards Apply
B. End-of-Pipe Treatment Standards
C. Why CWA Limitations and Standards Can Also Be RCRA Treatment
Standards
D. When CWA Limitations and Standards Become the RCRA Standards
1. Direct Dischargers
2. Indirect Dischargers
3. Zero Dischargers Performing CWA-Equivalent Treatment
E. Implementation
1. Where Permits Contain Standards for Hazardous Constituents
2. Where Permits Do Not Contain a Limitation for a Hazardous
Constituent
3. Indirect Dischargers
4. Zero Dischargers Performing CWA-Equivalent Treatment
5. Implementation When CWA Standards and Limitations Will Not be
the Exclusive Standard
6. RCRA Controls Over Point Source Discharges and Domestic
Sewage?
7. Applicability to the Pulp and Paper Industry
IV. Treatment Standards for Class I Nonhazardous Injection Wells and
Response to Comments
A. Introduction
B. Compliance Options for Class I Nonhazardous Wells
C. Pollution Prevention Compliance Option
D. De Minimis Volume Exemption
V. Treatment Standards for Newly Listed Wastes
A. Carbamates
B. Spent Aluminum Potliners (K088)
1. Comments Received on the ``Inherently Waste-Like''
Determination
2. Comments Received on Regulated Constituents
3. Comments Received on Data
[[Page 15567]]
4. Comments Received on Technical Basis for BDAT
VI. Improvements to the Existing Land Disposal Restrictions Program
A. Completion of Universal Treatment Standards
1. Addition of Constituents to Table 268.48
2. Wastewater Standard for 1,4-Dioxane
3. Revision to the Acetonitrile Standard
B. Aggressive Biological Treatment as BDAT for Petroleum
Refinery Wastes
C. Dilution Prohibition
1. Inorganic Metal-Bearing Wastes
2. Inorganic Metal-bearing Wastes Not Prohibited Under the LDR
Dilution Prohibition
3. Cyanide-Bearing Wastes
4. Table of Inorganic Metal Bearing Wastes
D. Expansion of Treatment Options That Will Meet the LDR
Treatment Standard ``CMBST''
E. Clean Up of 40 CFR Part 268
1. Section 268.8
2. Sections 268.10-268.12
3. Section 268.2(f)
4. Corrections to Proposed Rule Languages
VII. Capacity Determinations
A. Introduction
B. Capacity Analysis Results Summary
VIII. State Authority
A. Applicability of Rules in Authorized States
B. Abbreviated Authorization Procedures for Specified Portions
of Today's Rule
C. Effect on State Authorization
IX. Regulatory Requirements
A. Regulatory Impact Analysis Pursuant to Executive Order 12866
1. Methodology Section
a. Methodology for Estimating the Affected Universe
b. Cost Methodology
c. Economic Impact Methodology
d. Benefits Methodology
2. Results
a. Volume Results
b. Cost Results
c. Economic Impact Results
d. Benefit Estimate Results
B. Regulatory Impact Analysis for Underground Injected Wastes
C. Regulatory Flexibility Analysis
D. Paperwork Reduction Act
X. Unfunded Mandates Reform Act
I. Background
A. Summary of the Statutory Requirements of the 1984 Hazardous and
Solid Waste Amendments, and Requirements of the 1993 Consent Decree
With the Environmental Defense Fund
The Hazardous and Solid Waste Amendments (HSWA) to the Resource
Conservation and Recovery Act (RCRA), enacted on November 8, 1984,
largely prohibit the land disposal of untreated hazardous wastes that
do not meet treatment standards established by EPA under section
3004(m). Once a hazardous waste is prohibited, the statute provides
only two options for legal land disposal: meet the treatment standard
for the waste prior to land disposal, or dispose of the waste in a land
disposal unit that has been found to satisfy the statutory no migration
test. A no migration unit is one from which there will be no migration
of hazardous constituents for as long as the waste remains hazardous.
RCRA sections 3004 (d), (e), (f), (g)(5).
The amendments also require the Agency to set levels or methods of
treatment, if any, which substantially diminish the toxicity of the
waste or substantially reduce the likelihood of migration of hazardous
constituents from the waste so that short term and long term threats to
human health and the environment are minimized. RCRA section
3004(m)(1). To date, the Agency has implemented this provision by
establishing treatment standards for chemical constituents in hazardous
wastes based on the performance of the best demonstrated available
technology (BDAT) to treat the waste. EPA may establish treatment
standards as specified technologies, as constituent concentration
levels in treatment residuals, or both. When treatment standards are
set as levels, the regulated community may use any technology not
otherwise prohibited (such as impermissible dilution) to treat the
waste.
It should be noted that the Agency has proposed risk-based exit
levels--levels at which wastes are no longer considered hazardous for
purposes of RCRA subtitle C--for the majority of hazardous constituents
found in listed hazardous wastes in the Hazardous Waste Identification
Rule (HWIR) (60 FR 66344, December 21, 1995). Wastes meeting these
levels either before or after treatment consequently could be disposed
in units not subject to RCRA hazardous waste management requirements
(e.g., landfills without subtitle C permits). A consent decree approved
by the U.S. District Court for the District of Columbia requires EPA to
finalize the HWIR exit levels by December 15, 1996. In the same notice,
the Agency proposed to allow the exit levels for some constituents to
serve as alternative, risk-based LDR treatment standards satisfying the
``minimize threat'' standard of section 3004(m). Where these risk-based
levels are higher (less restrictive) than current BDAT treatment
standards, they will effectively supersede the BDAT requirements. See
Hazardous Waste Treatment Council v. EPA, 886 F.2d 355, 362-63 (D.C.
Cir. 1989).
EPA was required to promulgate land disposal prohibitions and
treatment standards by May 8, 1990 for all wastes that were either
listed or identified as hazardous at the time of the 1984 amendments
(RCRA sections 3004 (d), (e), and (g)(5)), a task EPA completed within
the statutory timeframe. EPA was also required to promulgate
prohibitions and treatment standards for wastes identified or listed as
hazardous after the date of the 1984 amendments within six months after
the listing or identification takes effect (RCRA section 3004(g)(4)).
The Agency did not meet this latter statutory deadline for all of
the wastes identified or listed after the 1984 amendments. As a result,
a suit was filed by the Environmental Defense Fund (EDF). EPA and EDF
signed a consent decree that establishes a schedule for adopting
prohibitions and treatment standards for newly identified and listed
wastes. (EDF v. Reilly, Cir. No. 89-0598, D.D.C.). EPA also entered
into a settlement agreement with the environmental petitioners in
Chemical Waste Management v. EPA, 976 F.2d 2 (D.C. Cir. 1992), cert.
denied 113 S. Ct. 1961 (1993) regarding the procedural effect of the
mandate entered in that case. This settlement calls for EPA to take
action to implement the portions of the opinion dealing with
centralized management of wastewaters that initially exhibit a
hazardous waste characteristic within specified timeframes.
Today's rule fulfills several provisions of the settlement
agreement and proposed consent decree. First, the rule amends the
treatment standards for initially characteristic wastewaters managed in
centralized wastewater management systems containing land disposal
units. Three specific fact patterns are covered by the rule: (1) Where
the wastewaters are ultimately discharged and are subject to
limitations or standards established under the Clean Water Act (CWA)
and the treatment system preceding discharge includes a surface
impoundment; (2) where a facility with initially characteristic wastes
treats those wastes with CWA-equivalent treatment but ultimately uses a
form of land disposal (such as spray irrigation) that is not regulated
under the CWA as the final means of disposing of the treated
wastewaters; and (3) the initially characteristic wastes are injected
into Class 1 non-hazardous deep wells subject to regulation under the
Safe Drinking Water Act (SDWA). In all cases, the wastewaters no longer
exhibit a characteristic at the point of land disposal. The amended
treatment standards require treatment that destroys, immobilizes, or
removes the hazardous constituents present in the initially
characteristic wastewaters (referred to as ``underlying hazardous
[[Page 15568]]
constituents'' because these constituents are not typically the reason
the waste is classified as hazardous). Treatment of the underlying
hazardous constituents is nevertheless required in order to minimize
the long-term threats land disposal of these wastes can cause. 976 F.2d
at 16-17.
EPA is fulfilling provisions of the consent decree by promulgating
prohibitions and treatment standards for two ``newly listed wastes''
wastes from production of carbamate pesticides, and spent aluminum
potliners from primary aluminum production.
That being said, the risks addressed by the portion of the rule
dealing with centralized wastewater management, particularly UIC wells,
are very small relative to the risks presented by other environmental
conditions or situations. In a time of limited resources, common sense
dictates that we deal with higher risk activities first, a principle on
which EPA, members of the regulated community, and the public can all
agree. For this reason, the Administration is supporting HR 2036,
legislation which passed the House of Representatives, that would
remove the mandate to automatically apply LDR treatment standards to
decharacterized wastes managed in centralized wastewater management
situations regulated by the CWA or the SDWA. If this legislation passes
in its current form, it would affect the regulations discussed in
sections III., IV., and VI.B. of the preamble. It would not affect the
other sections of the preamble and rule. The sections of preamble and
rule that are affected by the legislation have been granted 2-year
national capacity variance (see Secs. 148.18 (c) and (d) and 268.39 (c)
and (d)). The sections of preamble and rule not affected by the
legislation have more immediate effective dates. If the legislation
does pass into law, the Agency could issue an immediately effective
final rule remanding the affected portions.
Nevertheless, the Agency is presently required to set treatment
standards for these relatively low risk wastes and disposal practices,
although there are other actions and projects with which the Agency
could provide greater protection of human health and the environment.
At the same time, however, EPA has sought to exercise the full extent
of its authority under current law to implement these mandates with
significantly lower cost while ensuring protectiveness, such as giving
credit for up-stream reductions in hazardous constituents, and crafting
limited exemptions for wastewaters containing de minimis amounts of
hazardous constituents.
B. Treatment Standards for Hazardous Wastes That Exhibit a
Characteristic--The D.C. Circuit's Opinion in Chemical Waste Management
v. EPA
In Chemical Waste Management v. EPA, 976 F.2d 2 (D.C. Cir. 1992)
cert. denied 113 S. Ct. 1961 (1993), the court made a number of far-
reaching rulings pertaining to treatment standards for hazardous wastes
that are hazardous because they exhibit a characteristic. First, the
court held that land disposal restriction requirements can continue to
apply to characteristic hazardous wastes even after they no longer
exhibit a characteristic. 976 F.2d at 12-14. Second, to satisfy the
requirement in RCRA section 3004(m) that treatment address both short-
term and long-term threats posed by a waste's land disposal, it is not
enough that characteristic hazardous wastes be treated to remove the
short-term property (viz. ignitability, corrosivity, or reactivity)
that makes them hazardous. Long-term threats, in the form of toxic
underlying hazardous constituents, also must be addressed. 976 F.2d at
16-17. Third (as EPA reads the opinion), the court held that dilution
was ordinarily not a permissible means of treating hazardous
constituents. Such constituents generally must be destroyed,
immobilized, or removed from the waste to satisfy the requirements of
section 3004(m), specifically, the requirement that long-term threats
be minimized. 976 F.2d at 23, 25 and n. 8; 60 FR at 11706-11708 (March
2, 1995). Fourth, centralized wastewater management systems whose
discharge is ultimately regulated under the Clean Water Act, and which
dilute characteristic hazardous wastes before treatment in surface
impoundments, may continue to do so provided the wastewater treatment
system destroys, immobilizes, or removes the same volume of hazardous
constituents as would be removed, immobilized, or destroyed if the
wastes were treated separately. 976 F.2d at 22-24. In other words,
notwithstanding that these wastes are disposed in impoundments without
being fully treated, the practice is permissible provided equivalent
treatment occurs before the waste is ultimately discharged. Fifth, this
option of demonstrating equivalent treatment across a treatment system
is not available for Class I nonhazardous deep well injection systems
because such units are permanent disposal rather than treatment units.
976 F.2d at 24-6.
These portions of the opinion are addressed in various sections of
today's rule.
The Agency is also addressing the issue of equivalent treatment by
Clean Water Act treatment systems managing de-characterized wastes in
impoundments by promulgating treatment standards and related
requirements that would be used to measure this so-called end-of-pipe
equivalence. Finally, EPA is implementing the court's mandate with
respect to Class I nonhazardous injection wells by requiring treatment
of underlying hazardous constituents in ignitable, and corrosive
characteristic wastes being injected into such wells, and prohibiting
dilution as a means of achieving those standards.
Responses to the comments on EPA's reading of the court's opinion
are found in the Response to Comment Background Document which is part
of the administrative record for this rule. In general, however, the
Agency adheres to the reading set out in the proposed rule's preamble
at 60 FR 11706-11708.
EPA is also amending the treatment standards for reactive wastes
(other than reactive sulfide and cyanide reactive wastes) so that
treatment addresses both the property of reactivity and the threat
posed by disposal of underlying hazardous constituents in these wastes
(with an exception for ordnance and other explosives which are the
subject of an emergency response, as explained in the next paragraph).
The Agency is taking this action despite the fact that the court found
reactive wastes did not contain sufficient concentrations of hazardous
constituents to require any treatment beyond that of removing the
characteristic. The Agency believes that it is as likely that reactive
wastes contain underlying hazardous constituents at levels that may
create a threat as do ignitable and corrosive wastes, and consequently,
proposed to regulate reactive wastes in the Phase III proposal.
Commenters submitted no data suggesting that reactive wastes do not
contain the same types and concentrations of underlying hazardous
constituents. Therefore, EPA is promulgating treatment standards for
reactive wastes (other than reactive sulfides and cyanides) in this
rule that require treatment of all underlying hazardous constituents
reasonably expected to be present in the reactive wastes at the point
of generation.
EPA is, however, temporarily deferring application of these amended
LDR treatment standards for reactive wastes with respect to unexploded
ordnance and other explosive devices which are the subject of an
emergency response. An emergency response is an action taken to prevent
imminent risk of explosion. (See 40 CFR 264.1(g)(8)
[[Page 15569]]
setting out circumstances where such responses are exempt from RCRA
permitting requirements.) During the development of the proposed
Military Munitions Rule: Hazardous Waste Identification and Management;
Explosives Emergencies; Redefinition of On-site proposed rule (60 FR
56468, November 8, 1995), the Department of Defense, the military
services, and other Federal agencies raised concerns that LDR
requirements requiring treatment of underlying hazardous constituents
might impede the most effective emergency responses involving these
materials. If a responding team had to determine LDR applicability
before deactivating an explosive subject to an emergency response, the
response could be significantly delayed or complicated. Furthermore,
concern about LDR applicability might discourage the team from
responding at all. This discussion serves as EPA's initial response to
these comments.
EPA agrees that the primary goal in emergency responses to
explosives is the safe and prompt elimination of immediate threats to
human life and property, and the Agency would be concerned if LDR or
other regulatory requirements complicated these responses. The issue is
too important and potentially complicated to resolve in today's rule.
Therefore, EPA is temporarily deferring final action while it considers
this issue further.
In deferring action for this limited class of reactive wastes, EPA
notes that emergency responses present issues different from routine
management of reactive wastes, where there is no competing
consideration of need for immediate action to prevent an imminent
threat. In non-emergency response management situations, as discussed
earlier, the Agency believes these wastes can be fully treated to
minimize both short and long-term threats posed by land disposal of
wastes.1 EPA also is amending the treatment standards for wastes
exhibiting the toxicity characteristic to include standards for
underlying hazardous constituents.
\1\ EPA also notes that it is not reopening the issue of open
burning/open detonation of reactive wastes. In 1986, EPA determined
that such activities are not a form of land disposal. See 51 FR at
40580 (Nov. 7, 1986).
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Toxic wastes can also contain underlying hazardous constituents in
the same potentially harmful concentrations as ICR wastes. 60 FR at
11706. Today's final rule consequently conforms standards for toxic
characteristic hazardous wastes to assure treatment of underlying
hazardous constituents as well, when such constituents are present at
levels exceeding the minimize threat level (as established either by
the current technology-based standards or, if risk-based levels are
established, exceeding a risk-based level.) Thus, the prohibitions and
standards in today's rule will apply to ignitable, corrosive, reactive
and toxic characteristic wastes, as just discussed.
II. Miscellaneous Issues for Which EPA Is Not Finalizing an Approach in
This Final Rule
A. Treatment Standards for Organobromine Wastes
Organobromine wastes are not yet listed as hazardous. EPA
anticipates making a final listing determination in a future
rulemaking.
Although EPA proposed treatment standards for organobromine wastes,
it clearly would be putting the cart before the horse to promulgate
treatment standards in advance of a determination of whether the wastes
are hazardous. The Agency intends to establish treatment standards for
organobromine wastes should these wastes are listed in the future.
B. Potential Prohibition of Nonamenable Wastes From Land-Based
Biological Treatment Systems
The proposed rule contained an extensive discussion of whether
certain wastes should be prohibited from placement in biological
treatment surface impoundments because they are not amenable to
biological treatment. To allow more time to gather comments, the Agency
has decided to address this issue in the LDR Phase IV rule, which was
proposed on August 22, 1995 (60 FR 43654) and is scheduled to be
finalized in June of 1996.
C. Certain Sections of Completing Universal Treatment Standards
The LDR Phase III proposed rule included a section on the
completion of universal treatment standards (60 FR at 11727, March 2,
1995). Possible nonwastewater universal treatment standards (UTS) for
eleven constituents were discussed in the proposal, and comments and
data were solicited. In general, commenters felt more data should be
gathered before EPA proposes nonwastewater standards for these
constituents, and EPA agrees. EPA had also solicited comment and data
on extending certain universal treatment standards to fill gaps in the
Sec. 268.40 table of universal treatment standards where ``NA''
appeared for either the wastewater or nonwastewater form of a regulated
hazardous constituent. Commenters were opposed to this, stating that it
would be arbitrary to add a standard to a waste code where before there
was none without supporting data. The Agency again agrees. Therefore,
EPA is not taking final action at this time.
D. Prohibition of Hazardous Waste as Fill Material
EPA proposed to prohibit use of hazardous waste as fill material.
60 FR at 11732. Because issues raised in the proposal are related to
those in a number of other pending rulemakings, including the Hazardous
Waste Identification Rule, and the proposed rule relating to land-based
uses of hazardous waste K061 (59 FR 67256 (Dec. 29, 1994)), EPA is not
taking final action on the proposal at this time.
E. Point of Generation
The Agency discussed possible changes that could be made to the
``point of generation''--or point at which LDR requirements attach to a
hazardous waste (see 60 FR 11717, March 2, 1995). The Agency is still
considering the options discussed in the proposal and potentially other
options not discussed. The Agency will reopen the point of generation
issue for further comment, and is intending to finalize an option in a
future rulemaking.
F. Prohibition on Using Iron Filings to Stabilize Spent Foundry Sand
The Agency proposed designating the practice of adding iron dust/
filings to spent foundry sand as impermissible dilution (60 FR 11731,
March 2, 1995). The Agency is gathering data on the stability of the
chemical bond formed between the iron and lead in the spent foundry
sand. After the Agency analyzes these data, as well as further studies
the public comments on this issue, it may take final action on the
proposal.
III. End-of-Pipe Equivalence: Treatment Standards for Clean Water Act
(CWA) and CWA-Equivalent Wastewater Treatment Systems
A. Types of Facilities to Which Treatment Standards Apply
As explained above, the D.C. Circuit established a standard of so-
called end-of-pipe equivalence, allowing CWA treatment systems with
surface impoundments to dilute characteristic wastes before land
disposal in those impoundments without violating LDR requirements,
provided the treatment system destroys, immobilizes, or removes an
equivalent amount of hazardous constituent as if the characteristic
waste were treated separately to meet RCRA standards. EPA
[[Page 15570]]
is establishing in this rule the treatment standards that must be
satisfied in order to demonstrate that equivalent treatment is
occurring.
These treatment standards apply to the following types of
facilities: (1) facilities treating formerly characteristic wastes in
surface impoundments whose ultimate discharge is subject to regulation
under either section 402 or 307 of the CWA. The rule thus encompasses
both direct dischargers (facilities discharging to navigable waters)
and indirect dischargers (those discharging to POTWs); and, (2)
permitted and unpermitted zero dischargers engaging in treatment that
is equivalent to that of the CWA-regulated facilities (see 40 CFR
268.37(a) defining CWA-equivalent treatment), including facilities
treating formerly characteristic wastes in tanks prior to release on
the land for such purposes as irrigation or land treatment.
EPA also wishes to make clear the types of wastewater management
situations to which these standards do not apply. First, the standards
do not apply to facilities that discharge to navigable waters or POTWs
and that manage decharacterized wastes in treatment systems without
surface impoundments. Consequently, if a facility generates a
characteristic waste, dilutes it so that it no longer exhibits a
characteristic, and then treats the waste in tanks before ultimate
discharge to a navigable water or a POTW, this rule does not apply.
There is no land disposal of a prohibited waste occurring and
consequently no RCRA requirement that the characteristic waste be
pretreated. Applicable CWA limitations and standards would, of course,
continue to apply (as would a one-time recordkeeping requirement under
RCRA (see Sec. 268.9).
Second, the standards do not apply in situations where RCRA
hazardous waste (subtitle C) impoundments are used. The statute already
sets out the requirements for subtitle C impoundments receiving wastes
which may not yet have met a treatment standard. RCRA section
3005(j)(11). These requirements are not altered by the Third Third
opinion. 976 F. 2d at 24 n. 10.
Finally, in response to comment, EPA has determined that the end-
of-pipe treatment standards should not apply to stormwater
impoundments. Stormwater impoundments are used by treatment facilities
to catch stormwater during rain events, because their biological
treatment systems cannot adequately handle such sudden, large volumes
of water. At some treatment facilities, however, because they have a
combined wastewater system, stormwater impoundments also receive
process water containing decharacterized wastes.
The Agency agrees with commenters who stated that stormwater
impoundments are necessary to maintain the efficacy of biological
treatment units. In addition, such impoundments are empty most of the
time because they are designed for emergency rain events. In the Third
Third opinion, the court focused on wastewater treatment surface
impoundments. It seems likely that stormwater impoundments were outside
the court's consideration. Furthermore, imposing treatment standards on
such impoundments could require treatment of the stormwater/
decharacterized waste before it could permissibly go into the
impoundment, not a practical alternative during a major storm event.
Alternatively, imposing LDR treatment standards might require the
facility to replace its combined wastewater system, which would be a
major disruption to most of these facilities and hardly seems justified
when stormwater impoundments are used only on an emergency basis. These
are the very types of disruptions that the integration clause in RCRA
1006(b) is intended to prevent. Consequently, EPA is indicating that
today's rule does not apply to stormwater impoundments.
B. End-of-Pipe Treatment Standards
The treatment standards that EPA is promulgating for characteristic
wastewaters are found in the table of LDR treatment standards at 40 CFR
268.40 and 268.48. As explained more fully in the following section,
these treatment standards generally adopt the limitations or standards
that apply to the facility's discharge as the RCRA treatment standards.
The reason EPA is taking this approach is that the CWA industry
category or case-by-case industrial POTW limitations and standards
represent specific determinations of what Best Available Treatment
(BAT) technology is capable of achieving for that plant's wastewater,
or, in the case of Water Quality Criteria-based limitations, what an
appropriate limit is based on BAT treatment plus risk-based
considerations. In the event a hazardous constituent present in the
wastewater at point of generation of the original characteristic
hazardous waste is not already regulated pursuant to a CWA limitation
or standard, the RCRA Universal Treatment Standard for that constituent
would apply.
These treatment standards may be met at the CWA point of
compliance, typically the point the wastewater is discharged to a
navigable water or a POTW. For CWA-equivalent facilities, the treatment
standards must be met at the point where the wastewater is sprayed onto
the land in irrigation (or similar) activities, or injected into a non-
Class I injection well. This accords with the equivalence standard
established by the court: ``hazardous constituents are [to be] removed
from the waste before it enters the environment.'' 976 F. 2d at 24; see
also id. at 23 and n. 8. Most commenters likewise agreed with an end-
of-pipe measuring point. Indeed, requiring full treatment before
ultimate discharge could destroy the very accommodation with the CWA
regime that the court thought critical. See 60 FR at 13677 (Aug. 22,
1995).
However, EPA also agrees with commenters that there is no reason to
impede individual facilities from choosing an alternative point of
compliance (i.e. other than end-of-pipe) provided the facility can
demonstrate that the prohibited waste (the decharacterized portion of
the combined effluent) has been treated by means other than dilution to
remove an equivalent mass of hazardous constituents. This is
specifically consistent with the principle announced in the
Administration's report on ``Reinventing Environmental Regulation'' to
``provid[e] maximum flexibility in the means of achieving our
environmental goals, but requiring accountability for the results''.
Consequently, the Agency is allowing a facility to designate any
compliance point downstream of treatment that destroys, immobilizes, or
removes hazardous constituents as the point for demonstrating that
equivalent treatment occurs. This point can, but need not be, the NPDES
or pretreatment point of compliance. Examples of alternative points of
compliance that would be permissible (assuming the treatment standard
is being satisfied) would be prior to initial placement in an
impoundment, or after treatment in an impoundment but before final
discharge.
The Agency also agrees with commenters that there can be
alternative points of compliance for different underlying hazardous
constituents. Again, the reason is to allow flexibility of compliance
alternatives when a facility can demonstrate that it is destroying,
immobilizing, or removing an equivalent mass of hazardous constituents
through wastewater treatment as would be achieved by segregating the
characteristic wastestream for separate RCRA treatment. Thus, if a
facility generated a
[[Page 15571]]
characteristic waste containing metal and organic underlying hazardous
constituents and the waste was treated sequentially by means not
involving impermissible dilution, there could be different compliance
points for the metal and organic hazardous constituents.
EPA notes, however, that if alternative points of compliance are
utilized, enforcement would normally be pursuant to RCRA, not the Clean
Water Act. This is by necessity, since CWA permits (or, for indirect
dischargers, control mechanisms) would not normally apply to effluent
quality before final discharge. See further discussion on means of
implementing today's standards below in this preamble.
C. Why CWA Limitations and Standards Can Also Be RCRA Treatment
Standards
As explained above, when a hazardous constituent is already subject
to a CWA industry category or Water Quality Criteria-based limitation,
or a case-by-case industrial POTW limitation or standard, the Agency
believes (and the final rule provides) that the CWA limitations and
standards satisfy RCRA section 3004(m) requirements and consequently
become the RCRA treatment standard for purposes of demonstrating
equivalent treatment. EPA believes that this is an obvious and
effective means of integrating CWA and RCRA requirements, in accord
with the court's objective. 976 F. 2d at 22; RCRA section 1006(b). This
approach was generally supported by commenters as a reasonable means of
satisfying the court's mandate and the underlying policy of integration
of the two statutes.
Several commenters, however, argued that CWA limitations and
standards could not be equivalent to RCRA because such standards can
reflect (among other things) ``the cost of achieving such effluent
reduction'', and ``the age of equipment and facilities involved''. CWA
section 304(b)(2)(B) (factors to be considered in determining Best
Available Technology). EPA disagrees. While it is true that technology-
based standards developed to address toxic pollutants from various
industrial categories are developed after consideration of levels that
can be achieved through application of the best available technology
economically achievable, the CWA limitations and standards nevertheless
represent the best evaluation of what technically advanced wastewater
treatment is capable of achieving for a particular industry's (or, in
some cases, particular plant's) wastewater. Although there is no
requirement that a particular treatment technology must be used to
achieve the facility's limits, it is expected that plants utilizing BAT
will have treated their effluent so that there are substantial
reductions in concentration and mass of hazardous constituents. As the
Agency has stated many times, EPA believes that section 3004(m) is
satisfied by treatment that substantially destroys, immobilizes, and
removes the hazardous constituents that are present in the waste,
notwithstanding that minor amounts of hazardous constituents remain
after treatment. Put another way, the statute does not require that
every conceivable threat posed by land disposal be eliminated by
treatment. 55 FR at 6641 and n. 1 (Feb. 26, 1990); 56 FR at 12355
(March 25, 1991); 57 FR 37259 (August 18, 1992); 55 FR at 22596 (June
1, 1990). In fact, the legislative history states explicitly that the
treatment standards are not to be technology forcing, but rather are to
utilize the available effective treatment technologies. 130 Cong. Rec.
S. 1978 (daily ed. July 25, 1984) (statement of Sen. Chaffee); 56 FR at
12355. That is precisely what EPA has done here.
Second, with specific regard to use of CWA limitations, EPA notes
that virtually all of the current LDR treatment standards for
wastewaters are already drawn from CWA limitations and standards. See
55 FR at 22601 (wastewater standards for U and P wastes and F039, which
essentially became the universal treatment standards, were transferred
from treatment data from CWA programs), and see also the Final BDAT
Background Document for U and P Wastes and Multi-Source Leachate (F039)
Volume C (documenting that most of existing RCRA wastewater standards
were transferred from CWA limitations and standards). Moreover, the
technologies that are often used to achieve CWA limitations and
standards are, in most cases, the same technologies upon which the RCRA
Universal Treatment Standards are based. As EPA has already stated,
``because most treatment technologies cannot be so precisely calibrated
as to achieve, for example, 3.5 ppm rather than 2.7 ppm, the likely
result is that the same amount of treatment will occur.'' 59 FR at
47989 (Sept. 19, 1994). Since frequently the same technologies are used
to treat wastewaters, EPA expects the degree of treatment to be
comparable.
EPA also emphasizes that RCRA section 1006(b) requires EPA (among
other things) to integrate provisions of RCRA and the CWA when
implementing RCRA, and to avoid duplication to the maximum extent
possible with CWA requirements. The Agency feels it is accomplishing
this requirement by allowing a constituent-specific, CWA treatment
standard to satisfy RCRA 3004(m). The Agency reiterates that a
technology-based CWA limitation or standard for a hazardous constituent
satisfies RCRA because such a limitation or standard directly reflects
the capability of BAT technologies to treat a specific industry's or
facility's wastewater, whereas the RCRA UTS for wastewaters were
developed by transferring performance data from various industries, and
thus EPA need not make that same transfer when industry-specific (or
plant-specific) wastewater treatment data is available.
A water-quality based limitation would also satisfy RCRA section
3004(m). A CWA water quality-based limitation must be at least as
stringent as the limitations required to implement an existing
technology-based standard. (See CWA section 301(b)(1)(c).) Even where
there is no existing BAT limitation for a toxic or nonconventional
pollutant, a permit writer must determine whether BAT would be more
stringent than the applicable water quality-based limitation, and
again, must apply the more stringent of the two potential limitations.
(40 CFR 125.3(c)(2).)
If a facility has received a Fundamentally Different Factors (FDF)
variance, the limitations established by that variance also satisfy
RCRA requirements. Limitations established by the FDF variance process
are technology-based standards reflecting facility-specific
circumstances, and hence can appropriately be viewed as BDAT as well,
just as with RCRA treatability variance standards. See 51 FR at 40605
(Nov. 7, 1986).
EPA also believes that there are adequate constraints in the CWA
implementing rules to prevent these end-of-pipe standards from being
achieved by means of simple dilution. First, many of the effluent
limitation guidelines and standards regulate the mass of pollutants
discharged, and thus directly regulate not only the concentration of
pollutant discharged but the degree of wastewater flow as well. Even
where rules are concentration-based, NPDES permit writers can set
requirements which preclude excessive water use, and EPA has so
instructed permit writers. (See 58 FR 66151, December 17, 1993,
encouraging permit writers to estimate reasonable rate of flow per
facility and factor that flow limit into the permit.) These permit
conditions can take the form of best management practices,
[[Page 15572]]
explicit mass limitations, and conditions on internal waste streams. 40
CFR 122.44(k); 122.45 (f), (g) and (h).
Indirect dischargers are also subject to specific CWA dilution
rules in both the general pretreatment rules and the Combined
Wastestream Formula (as well as through many of the categorical
standards). 40 CFR 403.6 (d) and (e). Many of the guidelines and
standards also preclude addition of stormwater runoff to process
wastewater to preclude achieving treatment requirements by means of
dilution. The Agency is accordingly of the view that end-of-pipe
equivalence would be achieved by treatment that removes, immobilizes,
or destroys hazardous constituents, and therefore we have determined
the treatment satisfies the requirements of RCRA section 3004(m).
EPA emphasizes, however, that it is not addressing the issue of
whether cross-media transfers of hazardous constituents become so
extensive as to invalidate the wastewater treatment function of a land-
based unit. This is the subject of the pending Phase IV proposed rule
(60 FR at 43654 (August 22, 1995)), and will be addressed as part of
that proceeding.
D. When CWA Limitations and Standards Become the RCRA Standards
Today's rule establishes the following principles:
1. Direct Dischargers
A CWA limitation becomes the RCRA treatment standard as well in the
following situations: (a) where there is a categorical BAT or NSPS
limitation for the underlying hazardous constituent; (b) where there is
a facility-specific limitation for the underlying hazardous constituent
pursuant to 40 CFR 125.3 (c)(2) and (d)(3); (c) where there is a Water
Quality-based limitation established pursuant to 40 CFR 122.44(d); or
(d) where the facility has received a Fundamentally Different Factors
variance establishing an alternative limitation pursuant to 40 CFR Part
125 subpart D.
2. Indirect Dischargers
A Clean Water Act pretreatment standard becomes the RCRA treatment
standard as well in the following circumstances: (a) where there is a
categorical PSES or PSNS for a particular hazardous constituent; and,
(b) where POTWs have developed local limits, in addition to categorical
standards, to prevent pass through and interference and apply them to
indirect dischargers.
EPA proposed that if pretreatment standards reflected a finding
that a particular hazardous constituent will not pass through to
navigable waters because of efficacious treatment by the POTW, that
standard would also satisfy RCRA. The reason is that there will be
full-scale treatment of the hazardous constituent before its final
release into the environment. Such full-scale treatment satisfies the
court's equivalency test. 60 FR at 11711. EPA is adopting this
provision in today's rule for these reasons.
The Agency also proposed that pretreatment standards based on
interference with POTW operations would not be considered to satisfy
RCRA. Id. EPA is adopting this position in the final rule. The reason
is that interference findings reflect the effect the pollutant may have
on overall POTW treatment, not necessarily treatment of the particular
constituent. Because the relationship of an interference-based standard
with treatment of a particular hazardous constituent is tenuous, EPA
does not believe that such a standard can be said to be equivalent to
RCRA treatment. Several commenters disagreed with this reasoning, but
provided no empirical information calling the Agency's conclusion into
question. EPA is consequently adopting this provision as proposed.
3. Zero Dischargers Performing CWA-Equivalent Treatment
In the May 24, 1993 emergency rule, EPA established the principle
that zero discharge facilities performing CWA-equivalent treatment on
decharacterized wastewaters would be subject to the rules for direct
dischargers, and thus would retain the ability to use surface
impoundments as part of the treatment process for decharacterized
wastes provided equivalent treatment occurs. 58 FR at 29863-29864. The
reason is that these facilities can be performing wastewater treatment
identical to, or more stringent than, that required of direct
dischargers, and thus the same policy of integrating RCRA and the CWA
should apply to such facilities. Id.
EPA is consequently also applying today's rules on equivalency to
zero dischargers performing CWA-equivalent treatment, including tank-
based systems that ultimately land dispose rather than discharge
treated effluent. ``CWA-equivalent treatment'' is defined in 268.37(a)
to mean ``biological treatment for organics, alkaline chlorination or
ferrous sulfate precipitation/sedimentation for metals, reduction of
hexavalent chromium, or other treatment technology that can be
demonstrated to perform equally or greater than these technologies''.
E. Implementation
1. Where Permits Contain Standards for Hazardous Constituents
If a direct discharger subject to the rule (i.e. generating a
characteristic waste containing underlying hazardous constituents at
concentrations exceeding the treatment standard at the point the waste
is generated, and is treating those decharacterized wastes in surface
impoundments) has an NPDES permit containing a limitation for that
hazardous constituent based on BAT, NSPS, BPJ, or a water quality
standard, then there are no independent RCRA requirements beyond
documenting in the facility's records that this is the facility's mode
of compliance.
EPA notes further that if the Agency (or authorized State), as part
of the CWA decisionmaking process for setting the limitations,
affirmatively decided that such hazardous constituents need not be
regulated due to low toxicity, low bioavailability or other
environmental factors and that fact is reflected in the rulemaking
record, permit or permit record, no additional RCRA standards would
apply. If the rulemaking or permit and permit record do not contain
such a finding, the permitting authority should reexamine the NPDES
permit upon reissuance in order to clarify whether such hazardous
constituents need not be regulated. During the time between the date
this rule becomes effective and the date the permit is reissued,
however, the RCRA Universal Treatment Standards for those constituents
must be met.
In addition, if EPA (or an authorized State) affirmatively decided
either in the rulemaking or in the permitting process that a particular
hazardous constituent is controlled through controls on an indicator
pollutant, then again, no additional RCRA standards would apply. For
this purpose, however, the Agency would only accept as a valid
indicator situations where a toxic pollutant parameter is used as an
indicator for another toxic pollutant. The Agency does not believe that
use of conventional pollutants (such as BOD or COD) as indicators for
toxic constituents guarantees the type of equivalent treatment of
hazardous constituents, which EPA feels is necessary to implement the
equivalence requirement. 976 F. 2d at 23 n. 8.2
\2\ In making this statement, EPA is of course not calling into
question the use of conventional pollutants as valid indicators to
satisfy Clean Water Act requirements. The language in the text is
directed solely at implementing the court's mandate for purposes of
RCRA.
[[Page 15573]]
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2. Where Permits Do Not Contain a Limitation for a Hazardous
Constituent
If the CWA permit either does not contain a limitation for the
pollutant or does not regulate the pollutant through an indicator, or
in cases when this rule becomes effective before the reissuance of a
facility's permit, the RCRA universal treatment standards would apply
as they do for any other RCRA hazardous wastestream. In this situation,
the owner or operator of a facility has several choices. The owner/
operator could do nothing, in which case the hazardous constituent
would be subject to the UTS. These standards would be implemented by
rule, and thus would not be embodied in a CWA permit. Enforcement
consequently would be solely under RCRA. As noted earlier, the point of
compliance could, but need not be, at the end-of-pipe point of
discharge.
In the alternative, a facility could seek amendment of its NPDES
permit pursuant to Sec. 122.62(a)(3), requesting that the applicable
permitting authority modify the permit at reissuance, or sooner, to add
limits for the underlying hazardous constituents reflecting BAT for
that pollutant at the facility.\3\ Assuming proper design and operation
of the wastewater treatment technology, a permit writer in such a case
could modify the permit to add a limitation for the pollutant based on
Best Professional Judgement reflecting actual BAT treatment (40 CFR
125.3(c)). Modification requests would be processed pursuant to the
procedures found at Sec. 124.5. The modified permit limitation would be
a CWA requirement and enforceable solely under that statute, but would
be deemed by the Agency to satisfy RCRA 3004(m), so that meeting UTS
per se would not be required.
\3\ EPA is interpreting the language in Sec. 122.62(a)(2) to
indicate that the D.C. Circuit's opinion in the Third Third case is
new information warranting reopening a permit.
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A final alternative is for the facility to seek a RCRA treatability
variance. EPA is amending the grounds for granting such a variance to
include situations where a facility is treating decharacterized wastes
by treatment identified as BAT or NSPS (New Source Performance
Standards), the technology is designed and operated properly, but is
not achieving the UTS (see Sec. 268.44(a)).
3. Indirect Dischargers
The same alternatives exist for indirect dischargers. If an
underlying hazardous constituent is regulated by a categorical PSES,
PSNS, or by a local limit in a control mechanism reflecting PSES or
PSNS--level treatment, then that standard satisfies both RCRA and the
CWA. In addition, if there is no pretreatment standard (i.e., PSES/
PSNS) for an underlying hazardous constituent, because the Agency
determined that there was no pass through, then section 3004(m) is
satisfied and the RCRA standard for that underlying hazardous
constituents does not apply.
If an underlying hazardous constituent is not regulated nationally
by a PSES or PSNS, or by a local limit, it becomes subject to the UTS
for that constituent. That UTS would be enforced as a RCRA standard.
However, in cases where an underlying hazardous constituent is not
already subject to categorical PSES, categorical PSNS, or to a local
limit in a control mechanism reflecting PSES or PSNS-level treatment,
water quality, or pass through, the control mechanism between the
indirect discharger and the applicable control authority would have to
be modified in order to avoid application of the UTS by rule. EPA is
amending Sec. 403.5(c)(1) and Sec. 403.5(c)(2) of the pretreatment
rules to specifically authorize control authorities to make such
determinations.
The final option is for a facility to obtain a RCRA treatability
variance. Thus, the amendment to the treatability variance rules also
applies to indirect dischargers properly operating technology
identified as the basis for their PSES or their PSNS standard.
4. Zero Dischargers Performing CWA-Equivalent Treatment
The implementation options for zero dischargers performing CWA-
equivalent treatment are similar. Some of these facilities may have CWA
permits authorizing specified levels of discharge. If these permit
limitations apply to underlying hazardous constituents present in the
RCRA-prohibited portion of the discharge, the CWA permit limit
satisfies RCRA as well. The facility also could seek to amend the CWA
permit to add limitations for the hazardous constituent. Enforcement
then would be exclusively pursuant to the CWA.
If the zero discharger has no CWA permit, or the permit does not
contain limitations for underlying hazardous constituents and is not
amended to do so, then the facility would have to meet the RCRA UTS or
an alternative standard established by treatability variance either at
the point of discharge 4 or at an earlier point of its choosing
(assuming, of course, that a valid demonstration of bona fide treatment
can be made at an earlier point).
\4\ The point of compliance for a zero discharger choosing the
point of discharge as a compliance point would be at the point of
ultimate disposal. For those zero dischargers who discharge to a dry
river bed (common in the western U.S.) not considered a ``water of
the U.S.'' under the CWA, the point of compliance would be at the
end-of-pipe. For those zero dischargers who spray irrigate, or
otherwise place the wastewaters on the land after treatment in the
surface impoundment, the point of compliance would be at the point
just prior to the land placement. Furthermore, zero dischargers
treating wastewaters in a tank system followed by spray irrigation
or another form of land placement are also subject to this rule. For
those zero dischargers who use evaporation ponds, the point of
compliance is before the wastewater enters the surface impoundment,
as this is the ultimate disposal point.
---------------------------------------------------------------------------
5. Implementation When CWA Standards and Limitations Will Not Be the
Exclusive Standard
If the facility treats to UTS and does not modify its CWA permit or
control mechanism to include a CWA standard/limitation for an
underlying hazardous constituent, EPA is finalizing minimal
recordkeeping requirements, under RCRA authority. Generators can use
their knowledge to identify the underlying hazardous constituents
reasonably expected to be present at the point of generation of the
ICRT wastes which are not covered by a CWA limitation or standard and
hence must be treated to meet UTS (assuming no permit modification).
EPA is requiring that this information be kept on-site in files at the
facility. The facility will then monitor compliance with the UTS
standard for each of these constituents at the point of ultimate
discharge or alternative compliance point, on a quarterly basis, and
results of this monitoring must be kept in the facility's on-site
files. An exceedence of the RCRA UTS standard must be documented in the
facility's on site records.
These same requirements apply to facilities without NPDES permits
documenting compliance as zero dischargers with CWA-equivalent
treatment who are affected by this rule. The absence of a permit
necessitates some alternative means of documenting compliance, and the
scheme outlined above seems to be the least burdensome scheme which
would still provide a reasonable means of enforcing this rule.
6. RCRA Controls Over Point Source Discharges and Domestic Sewage
Both RCRA and the implementing regulations provide that point
source discharges and domestic sewage (including mixtures of domestic
sewage with other wastes) are not subject to
[[Page 15574]]
RCRA subtitle C jurisdiction. RCRA section 1004(27) and Sec. 261.4(a)
(1) and (2). Some commenters questioned whether by allowing CWA
limitations and standards to satisfy the RCRA treatment standard
requirement, EPA were somehow imposing RCRA controls where it lacks
authority to do so.
This is not the case. EPA is creating here a mechanism for
evaluating whether RCRA-equivalent treatment has occurred for purposes
of determining whether surface impoundments (i.e. RCRA land disposal
units) can permissibly be used as part of that treatment process. 976
F. 2d at 22-24. The effect, for RCRA purposes, of failing to satisfy
the limitations or standards is that the facility has engaged in
illegal land disposal by virtue of not performing equivalent treatment.
Id. Thus, the effect of the rule is on activity upstream of the
discharge point, and these activities are within RCRA's jurisdictional
purview.
7. Applicability to the Pulp and Paper Industry
The concerns about integration of CWA and RCRA standards are
particularly acute with respect to the pulp and paper industry. EPA is
at a critical stage in developing comprehensive multi-media rules for
this industry (to control both hazardous air emissions and wastewater
discharges). These rules were proposed at 58 FR 66078 (Dec. 17, 1993)
and are slated for promulgation by mid-1996. The rules should
fundamentally affect (for the better) the types of wastewaters managed
at pulp and paper facilities and the potential releases of hazardous
constituents from such wastes. The Agency believes that it would be
putting the cart before the horse, and would fail to properly
integrating RCRA with the CWA (and potentially CAA in this case) by
proceeding with implementation of the court's decision for this
industry in advance of completion of this rulemaking. Cf. Edison
Electric Inst. v. EPA, 2 F. 3d 438, 453 (D.C. Cir. 1993) noting when
temporary deferrals of action to allow better integration of
overlapping statutes is permissible. The Agency will revisit the
question of how to implement the court's decision for the pulp and
paper industry upon completion of the existing multi-media rulemaking.
IV. Treatment Standards for Class I Nonhazardous Injection Wells and
Response to Comments
A. Introduction
Generally, Class I nonhazardous injection well owners/operators
injecting decharacterized ICRT wastes do not substantially treat their
waste beyond removing the characteristic by aggregating and diluting
wastestreams, plus filtering of solids in order to facilitate
injection. There are as many as 100 such nonhazardous facilities in
addition to the approximately 54 hazardous facilities injecting ICRT
wastes. As discussed in the Phase III proposed rule, EPA estimates that
the average flow of a ``typical'' Class I nonhazardous well is 107,000
gallons/day. Typically, the volume of hazardous wastes comprises 25% or
less of the aggregated injected wastestream.
In the Third rule, EPA proposed that characteristic wastes were not
prohibited from injection into these deep wells provided they no longer
exhibited a characteristic at the point they are injected.e. land
disposed. 60 JR at 11704-11705. The D.C. Circuit rejected this portion
of the rule, holding, in EPA's reading of the opinion, that the
statutory requirements could not be satisfied absent treatment that
addressed both short term and long term threats posed by land disposal
of the waste, and hence that hazardous constituents in the waste had to
be destroyed, removed or immobilized before injection, not merely
diluted. 60 JR at 11706-11708. EPA is implementing that mandate in this
rule. (However, EPA reiterates, as it did at proposal, that EPA is
taking this action to implement the court's mandate, not because it is
an environmental priority, or prudent use of the Agency's or the
regulated community's resources. The Administration is in fact pursuing
a legislative change which would restore EPA's original policy
determination reflected in the 1990 Third rule.)
The effect of today's final rule is to prohibit the land disposal
of characteristic waste streams at the point they are generated. If
those wastes contain underlying hazardous constituents at levels
exceeding the Universal Treatment Standards and (as explained further
below) at levels and volumes greater than designated de minims amounts,
those constituents would have to be destroyed, removed, or immobilized
before the waste is injected. This could be accomplished either by
segregating the characteristic portion of the injectate for treatment,
or by treating the commingled injectate before disposal (i.e. before
injection). The rule further provides that if a facility removes an
equivalent mass of the hazardous constituent through source reduction,
or waste treatment, that the treatment standard is satisfied. The
final, alternative means of compliance is for the unit to have received
a no-migration determination.
A number of commenters believed that aggregation or dilution of
wastes to remove the hazardous characteristic of the waste stream prior
to injection was sufficient and that the requirement to treat
underlying constituents was legally unnecessary and onerous. EPA's
reading of the Third Third opinion and section 3004(m) is that
treatment that destroys, immobilizes, or removes hazardous constituents
is required, and that this requirement is not satisfied merely by
dilution. The statutory findings of the inherent uncertainty of land
disposal of hazardous wastes, the propensity to bioaccumulate these
same constituents, the statutory goals of waste minimization and proper
waste management, plus the legislative history documenting
Congressional intent not to permit treatment by dilution supports the
Agency in rejecting these comments. 60 FR at 11706-708. Therefore, the
Agency has decided not to allow Class I nonhazardous wells to dilute or
aggregate their waste streams in order to fulfill, substitute, or avoid
treatment levels or methods established in the LDRs. See the dilution
prohibition added in Sec. 148.3 of today's final rule.
Furthermore, the Agency, as proposed, is expanding the
applicability of 40 CFR Part 148 to now require owners/operators of
Class I nonhazardous wells to determine whether LDRs apply to their
facilities.
Commenters likewise sharply questioned the Agency's determinations
as to when land disposal prohibitions should attach, and state,
correctly in the Agency's view, that the opinion did not compel a
determination that prohibitions must attach at the initial point of
waste generation or when underlying hazardous constituents are present
at that point in concentrations exceeding the UTS. EPA is in fact
pursuing alternatives on both of these fronts. The Agency proposed
alternatives to the strictest point of generation approach, 60 FR at
11715-716, and expects to take final action on this proposal well
before the effective date of the Phase III prohibitions for Class I
non-hazardous UIC wells. The source reduction compliance option in this
rule is a related means of dealing with this issue, since it can be
conceptualized as allowing the requisite hazardous constituent
reductions to be achieved by means other than downstream treatment
notwithstanding presence of hazardous constituents above UTS at what is
technically point of waste generation.
With regard to whether presence of hazardous constituents above UTS
[[Page 15575]]
would be the trigger level for the LDR prohibition, EPA has recently
proposed risk-based hazardous constituent concentration levels which
would implement the ``minimize threat'' requirement in section 3004(m),
and would cap the technology-based treatment standards whenever the
technology-based standards are lower (60 FR 66344, December 21, 1995).
The de minimis feature of today's rule further addresses situations
where EPA believes that prohibitions need not apply due to the low
concentrations and volumes of hazardous constituents in the
decharacterized portion of the injectate.
B. Compliance Options for Class I Nonhazardous Wells
In the proposed rule, the Agency indicated that facilities could
segregate their hazardous wastes, and treat just that volume of the
total waste stream to UTS levels in order to conform to the treatment
requirement. A number of commenters maintained that the Agency
oversimplified this approach and that such segregation was impractical
from both a technical and economic standpoint. EPA acknowledges that
many facilities may not practically be able to segregate streams. These
facilities may utilize of other LDR compliance options as discussed
below.
One option would be to apply for an exemption from treatment
standards via the no-migration petition variance. EPA is promulgating a
clarifying revision to 40 CFR 148.20 which allows facilities to seek a
no-migration variance for their Class I nonhazardous wells, and has
long indicated that this compliance option is available (see pp. 25-27,
Supplemental Information Report prepared for the Notice of Data
Availability, January 19, 1993, 58 FR 4972). If these facilities
demonstrate to EPA that their formerly characteristic wastes (including
any hazardous constituents) will not migrate out of the injection zone
for 10,000 years, or no longer pose a threat to human health and the
environment because the wastes are attenuated, transformed, or
immobilized by natural processes, then they may continue to inject
without further treatment.
A significant number of commenters responded to the proposed rule's
discussion on the Agency's position on granting no-migration petitions.
Comments included that petitions were a too costly option, took too
much time to be processed, generic petitions for Class I non-hazardous
wells should be granted, and existing no-migration exemptions should
not require modification to include Phase III wastes. These comments,
among others, will be discussed in detail in the ``Response to
Comments'' background document for this rule, but basically many had
partial merit.
First, although the Agency has estimated earlier that the average
petition costs an operator $343,000, several individual petition
reviews have far exceeded that amount. The Agency will examine the
possibility of revising petition cost data in future LDR rules. Second,
although a petition may take up to 3 years to process, the Agency (as
noted above) indicated as early as 1992 (after the Third Third opinion)
that it would begin review of Class I nonhazardous injection well no-
migration petitions if submitted (58 FR 4972, January 19, 1993).
Although time and resource restraints on the Agency are real, the
Agency will continue to work with affected Class I operators in order
to facilitate the no-migration petition review process. Third, although
EPA has established a reasonable knowledge base on the review process
for Class I hazardous facilities, it cannot automatically infer that
all Class I nonhazardous facilities will successfully make a no-
migration demonstration. Well site geology, hydrogeology, abandoned
well area of review, and the specific characteristics of the injectate
and receiving formation are site specific factors which, as a factual
matter, must be evaluated individually in order to demonstrate ``to a
reasonable degree of certainty'' (RCRA section 3004(g)(5)) that the no
migration standard has been satisfied. See Supplemental Report to
Notice of Data Availability, January 19, 1993, at 25-26 9. It must be
remembered that not every Class I injection well applying for the
variance has been able to make the demonstration, and that one salutary
effect of the no migration process has been to identify certain (albeit
a limited number of) wells that would not be capable of adequately
containing injectate over the long term.
EPA agrees completely with commenters, however, that wells that
already have approved no migration exemptions are not affected by the
Third Third opinion and thus are not affected by land disposal
restrictions affecting decharacterized wastes. (In fact, EPA does not
read the proposal to suggest otherwise.) Absent a change in the waste
being injected, there is no reason to reopen no migration
determinations that have already evaluated the entire injected waste
stream. 57 FR at 31963 (July 20, 1992).
EPA is also promulgating additional means for Class I nonhazardous
facilities to comply with the LDR requirements. Revisions to 40 CFR
148.1(c)(1) and 148.4 will allow Class I nonhazardous owners and
operators to apply for a case-by-case extension of the capacity
variance for up to one year (renewable for up to an additional year) in
order to acquire or construct alternative treatment capacity. Based on
experience, EPA believes that the availability of the case-by-case
extension coupled with national capacity variance(s) should allow
operators more than adequate time to acquire alternative treatment or
complete the no-migration petition process. Two other options include
the pollution prevention option and the de minimis volume exclusion.
C. Pollution Prevention Compliance Option
The final rule provides an alternative means of obtaining the
reductions in mass loadings of hazardous constituents mandated by the
Third Third opinion. Under this alternative, mass reductions can be
achieved by removing hazardous constituents from any of the
wastestreams that are going to be injected, and these reductions in
mass loadings can be accomplished by means of source reduction (i.e.
equipment or technology modifications, process or procedure
modifications, reformulation or redesign of products, substitution of
raw materials, and improvements in housekeeping, maintenance, training,
or inventory control), recycling, or conventional treatment. As an
example, if a facility can make process changes that reduce the mass of
cadmium by the same amount that would be removed if the prohibited
wastestream was treated to satisfy UTS, the facility would satisfy LDR
requirements. The facility could also remove cadmium from any of the
streams (prohibited or non-prohibited) which are going to be injected,
or could find a means of recycling some portion of the injectate to
reduce injected mass loadings of cadmium. In all cases, the result
would be that the mass loading of hazardous constituents into the
injection unit would be reduced by the same amount as it would be
reduced by treatment of the prohibited, characteristic portion of the
injectate. 976 F. 2d at 23 n. 8; see also Specialty Steel Inst. v. EPA,
27 F. 3d 642, 649 (D.C. Cir. 1994) (treatment standards that result in
lower volume of waste to be disposed--precisely what the alternative
standard here can achieve--are a permiss
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
ible means of complying with
RCRA section 3004 (m)).
Commenters further requested that this alternative be available on
a hazardous constituent by hazardous constituent basis. EPA agrees that
this is
[[Page 15576]]
reasonable since it still results in the requisite reduction of
hazardous constituent mass loading and provides desirable compliance
flexibility. Of course, if the pollution prevention alternative is used
partially, there must still be compliance by some alternative means for
the remaining hazardous constituents subject to the prohibition.
The Agency is not, however, adopting any type of hazardous
constituent trading provision as part of this rule. It first is not
clear that such a provision would satisfy the equivalency test
enunciated by the court. In addition, given the narrow time frame
available to the Agency to develop this rule, the Agency lacks the time
and resources to properly evaluate the ramifications of the idea in
this proceeding.
As a means of implementing this alternative, EPA is adopting the
method proposed. The mass/day reduction of a particular underlying
hazardous constituents is to be calculated by comparing the injected
baseline with the allowance. The injected baseline is determined by
multiplying the volume/day of prohibited hazardous waste generated and
subsequently injected times the concentration of hazardous constituents
before the pollution prevention measure. The allowance is determined by
multiplying the volume/day of a hazardous constituent generated/
injected times the UTS for that constituent. The difference between the
injected baseline and the allowance is the required mass/day reduction.
EPA proposed, and is adopting the requirement that after successful
employment of a pollution prevention measure, the facility must
demonstrate that the injected mass achieves the required mass/day
reduction. Because the amount of an underlying hazardous constituent in
the injectate is dependent upon the level of production, a correction
factor for production is needed. In the example given in the proposal
(60 FR 11714), the calculation for the injected baseline was corrected
by a production variability factor based on volume. The Agency had
solicited comment on whether there are production parameters other than
volume (e.g., mass, square footage, etc.). One commenter gave a
specific example where square footage would be a more appropriate
parameter. Therefore, the Agency is promulgating today that any
appropriate parameter may be used to calculate the production
variability factor. Another commenter was concerned that in the example
the baseline used after pollution prevention seemed to be based on the
production rate, whereas the baseline before pollution prevention was
not. The commenter misunderstood the purpose of the production
variability factor. In the example the post-pollution prevention
injectate was adjusted by the production variability factor; however,
the example could have been reorganized such that the initial baseline
was adjusted for production variability. It was not necessary to adjust
both the pre- and post-pollution prevention baselines for production
variabilty; in fact, doing so would cause the variability factor to
cancel out.
Several commenters were concerned that there are other factors
besides rate of production which could cause variability in the level
of an underlying hazardous constituent. One commenter mentioned
variations in operation of specific source unit operations such as
distillation and/or stripping trains feeding the injection unit.
Another commenter stated that since they do not actually produce
anything, they have no production rates to use, and suggested basing
production on man-hours worked or total water consumed by a facility.
The Agency agrees with all these suggestions. The mass/day of an
underlying hazardous constituent after pollution prevention is based on
the flowrate multiplied by the concentration of the constituent, and
must be less than or equal to the calculated mass/day allowance for
that underlying hazardous constituent. Beyond this basic formula, the
facility can adjust for any factors which would cause a variation in
the concentration of the underlying hazardous constituent, provided the
variation(s) are part of a normal operating procedure.
Under this approach, a facility would make a one-time change in
operating practice. Because the mass loading reductions resulting from
the practice are obtained from the time of the change forward, it
obviously is not necessary (and neither practical or likely feasible)
for the facility to make on-going (potentially daily) changes to
qualify under the provision.
A number of commenters, although supporting the Agency's proposal,
argued that it should apply to facilities that already have implemented
source reduction or other pollution prevention practices before the
effective date of the rule, not just those making the change
prospectively (as EPA proposed). Their point is that facilities that
have already implemented source reduction, and as a result may now have
fewer opportunities to do so, should not be on a worse footing than
facilities who have been laxer and thus now have a wider range of
possible means of reduction. This argument certainly has equitable
force. At the same time, however, there has to be some objectively
defined baseline period for the rule to be enforceable, and for there
to be some nexus between the pollution prevention measure and the
reduced mass loadings in current injectate. Balancing these
considerations, the Agency is establishing 1990 as the base year for
establishing a baseline. This was the year EPA adopted (per
Congressional schedule) the prohibitions for characteristic hazardous
waste and (coincidentally) the year of the Pollution Prevention Act.
EPA is sensitive to other comments regarding the need for this
alternative to be objectively verifiable. The Agency is therefore
requiring that facilities must monitor the underlying hazardous
constituent concentration and the volume of the prohibited hazardous
waste stream (i.e. all characteristic streams subject to LDR treatment
standard requirements that will be decharacterized before injection),
both on the day before and the day after successful implementation of
pollution prevention. Results of this monitoring must be reported to
the EPA Region or authorized State on a one-time basis. The Agency had
solicited comment on whether more than one day is needed for
monitoring. Several commenters were concerned that certain pollution
prevention methods would take several weeks, not one day, to show
results. It should be noted that the Agency did not intend for the
pollution prevention method to show results in one day. Results should
be achieved by the effective date of the rule for the facility to be in
compliance, and the pollution prevention method should have been
employed no earlier than 1990. The facility must also include a
description of the pollution prevention method used (including any
recycling alternative). In addition, the facility will monitor and keep
on-site records of the results on a quarterly basis (this time period
is selected to match the quarterly monitoring already required under
SDWA regulations at 40 CFR 146.13 (b)). If the facility changes its
means of complying with this alternative, it must renotify the EPA
Region or authorized State, and again document the basis for its
compliance by monitoring.
D. De Minimis Volume Exemption
EPA is finalizing the de minimis exemption proposed. 60 FR at
11714-11715. The terms of the exemption are that if decharacterized
wastewaters comprise no more than 1% of the total injectate, if the
total volume of the characteristic streams do not exceed 10,000 gallons
per day, and if underlying hazardous constituents are
[[Page 15577]]
present in the characteristic wastes at concentrations less than 10
times UTS at the point of generation, then the wastes are not
prohibited from injection in a Class I non-hazardous deepwell (assuming
the injectate is not hazardous at the point of injection). The Agency
continues to believe that under these circumstances, the relatively
small decharacterized hazardous waste streams would not appreciably
alter the risks posed by the injection practice.
Generally, the proposed approach was well received. Some commenters
stated, however, that the de minimis volume exemption, as proposed,
would allow excessively large volumes of routinely generated
characteristic wastes to go untreated to disposal in deep wells, while
others believe that the specific quantifying parameters are overly
restrictive. The Agency analyzed potential risks associated with
concentrations of 5 contaminants detected in Class I facility waste
streams at 10, 20, and 50 times UTS. (This analysis was conducted in
conjunction with revising the Regulatory Impact Analysis For
Underground Injected Wastes for this rule. See 60 FR 11715.) In brief,
risk estimates for 4 geologic settings and 2 well malfunction scenarios
were found to be below levels of regulatory concern at 10 and 20 times
UTS. However, at 50 times UTS, risk estimates for cancer and hazard
index were above regulatory concern for a waste stream containing
carbon tetrachloride, assuming an abandoned borehole failure within 500
feet of the injection well. Taking into account the statutorily
enumerated ``long-term uncertainties associated with land disposal''
(RCRA section 3004(d)(1)(A)), EPA believes the 10 x UTS level to be
well within the zone of reasonable values it could select as de
minimis. The one percent volumetric requirement is consistent with
other longstanding de minimis exemptions for wastewater management
systems in the subtitle C rules (see Sec. 261.3(a)(2)(iv) (A) and (E)),
and would normally cap the total volume of characteristic injectate at
approximately 1100 gallons per day, given average Class I UIC non-
hazardous injection rates.
At a rate of 1100 gallons per day, 10 x UTS for carbon
tetrachloride would mean a mass loading of approximately 165 mg of the
constituents being injected each day. Mass loadings for the other
hazardous constituents would similarly be modest. EPA again believes
that these small mass loadings would have de minimis effect on the risk
potential posed by the injection practice and consequently should be
exempted from the prohibition.
BILLING CODE 6560-50-P
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[GRAPHIC] [TIFF OMITTED] TR08AP96.002
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BILLING CODE 6560-50-C
[[Page 15583]]
V. Treatment Standards for Newly Listed Wastes
A. Carbamates
Hazardous Wastes From Specific Sources (K Waste Codes)
K156--Organic waste (including heavy ends, still bottoms, light ends,
spent solvents, filtrates, and decantates) from the production of
carbamates and carbamoyl oximes.
K157--Wastewaters (including scrubber waters, condenser waters,
washwaters, and separation waters) from the production of carbamates
and carbamoyl oximes.
K158--Bag house dust, and filter/separation solids from the production
of carbamates and carbamoyl oximes.
K159--Organics from the treatment of thiocarbamate wastes.
K160--Solids (including filter wastes, separation solids, and spent
catalysts) from the production of thiocarbamates and solids from the
treatment of thiocarbamate wastes.
K161--Purification solids (including filtration, evaporation, and
centrifugation solids), baghouse dust, and floor sweepings from the
production of dithiocarbamate acids and their salts. (This listing does
not include K125 or K126.)
Acute Hazardous Wastes (P Waste Codes)
P203 Aldicarb sulfone
P127 Carbofuran
P189 Carbosulfan
P202 m-Cumenyl methylcarbamate
P191 Dimetilan
P198 Formetanate hydrochloride
P197 Formparanate
P192 Isolan
P196 Manganese dimethyldithiocarbamate
P199 Methiocarb
P190 Metolcarb
P128 Mexacarbate
P194 Oxamyl
P204 Physostigmine
P188 Physostigmine salicylate
P201 Promecarb
P185 Tirpate
P205 Ziram
Toxic Hazardous Wastes
U394 A2213
U280 Barban
U278 Bendiocarb
U364 Bendiocarb phenol
U271 Benomyl
U400 Bis(pentamethylene)thiuram tetrasulfide
U392 Butylate
U279 Carbaryl
U372 Carbendazim
U367 Carbofuran phenol
U393 Copper dimethyldithiocarbamate
U386 Cycloate
U366 Dazomet
U395 Diethylene glycol, dicarbamate
U403 Disulfiram
U390 EPTC
U407 Ethyl Ziram
U396 Ferbam
U375 3-Iodo-2-propynyl n-butylcarbamate
U384 Metam Sodium
U365 Molinate
U391 Pebulate
U383 Potassium dimethyl dithiocarbamate
U378 Potassium n-hydroxymethyl-n-methyldithiocarbamate
U377 Potassium n-methyldithiocarbamate
U373 Propham
U411 Propoxur
U387 Prosulfocarb
U376 Selenium, tetrakis (dimethyldithiocarbamate)
U379 Sodium dibutyldithiocarbamate
U381 Sodium diethyldithiocarbamate
U382 Sodium dimethyldithiocarbamate
U277 Sulfallate
U402 Tetrabutylthiuram disulfide
U401 Tetramethylthiuram monosulfide
U410 Thiodicarb
U409 Thiophanate-methyl
U389 Triallate
U404 Triethylamine
U385 Vernolate
EPA is promulgating the treatment standards that were proposed for
wastes from the carbamate industry specified above.
The preamble of the proposed rule described the basis for these
treatment standards in greater detail (60 FR 11720). For background
information on waste characterization data, data gathering efforts, and
applicable technologies, see the Best Demonstrated Available Technology
(BDAT) Background Document for Newly Listed or Identified Wastes from
the Production of Carbamates.
The concentration-based treatment standards being promulgated today
for carbamate wastewaters and nonwastewaters are at UTS levels for
certain constituents, and at newly-established levels for other
constituents that are today being added to the UTS list. The UTS
standards have already been promulgated for 21 of the constituents of
concern (16 organic constituents and 5 metals). The Agency is
promulgating new UTS for 42 constituents associated with carbamate
wastes. Forty of these constituents are chemicals produced by the
carbamate industry which may be grouped into the following categories:
carbamates and carbamate intermediates, carbamoyl oximes,
thiocarbamates, and dithiocarbamates. Please refer to the Background
Document for definitions of these chemical groups and the
categorization of these 40 chemicals. The other 2 constituents for
which new UTS are being promulgated (triethylamine, and o-phenylene
diamine) are not carbamate products, but are hazardous constituents
present at levels of regulatory concern in carbamate wastes.
One commenter requested clarification on the applicability of the
carbamate treatment standards, stating that the summary section of the
proposed treatment standards said that treatment standards were being
proposed for certain hazardous wastes ``including those from the
production of carbamate pesticides'', whereas the section of the rule
that directly addressed carbamate wastes referred to carbamates without
the pesticide limitation. EPA points out in response that the final
listing rule which defined the new waste codes does not limit the
definition to pesticides only. The treatment standards being
promulgated apply to all wastes which fit the definitions of the waste
codes established in the final listing rule.
One commenter stated that EPA exceeded its authority under RCRA
section 3004 and violated the Administrative Procedure Act by preparing
the proposed treatment standards and sending this rule to OMB well
before the final listing had been promulgated. EPA points out that the
proposed treatment standards were actually published after publication
of the final listing rule. The proposed treatment standards were
modified to conform with the changes that appeared in the final
listing; thus, treatment standards were only proposed for those
carbamate wastes whose listing had been promulgated in final form.
Proposed standards for wastes whose listings were not finalized were
eliminated from the proposed treatment standards rule. Given the
statutory requirement described above (i.e., the requirement to
finalize LDR treatment standards six months after the listing is
finalized), Congress must have envisioned that the two rulemaking
activities would occur in close proximity.
One commenter had several objections to the proposed standards for
thiocarbamate wastes, stating that 1) nonwastewater standards should
not have been based on detection limits compiled from sampling and
analysis performed as part of the listing process
[[Page 15584]]
because the Agency made errors in the sampling and analysis; 2) that
EPA has no data to support the assertion that the proposed UTS limits
can be met by thermal destruction technologies and that the source of
the detection limit used to develop the nonwastewater standard was not
clearly identified; and, 3) that no document was found in the record to
support the proposed wastewater limit of 0.003 mg/l for thiocarbamate
constituents (A2213, Butylate, Cycloate, EPTC, Molinate, Pebulate,
Prosulfocarb, Triallate, Vernolate), based on granular activated carbon
absorption, giving the commenter no basis to evaluate the achievability
of this treatment standard.
To respond, the nonwastewater limit for thiocarbamate wastes was
actually based on a detection limit of 0.5 mg/kg by GC/NPD, identified
in a general characterization report addressing the newly regulated
constituents, rather than on the limit of 0.125 mg/kg by SW-846 8270B,
identified in the sampling and analysis reports. The commenter has not
yet provided any data to indicate that the proposed treatment standards
for nonwastewaters cannot be met.
The Agency has decided to promulgate a treatment standard of 0.042
mg/l in wastewaters for the thiocarbamate constituents identified
above. This standard is based on an analytical detection limit of 0.015
mg/l for Butylate, identified in an activated carbon isotherm test
performed by the Office of Water to support development of effluent
guideline limitations. The Agency had proposed a wastewater limit of
0.003 mg/l, based on data taken from the PEST (Pesticide Treatability
Database) database containing treatability data for pesticides,
prepared and maintained by RREL (Risk Reduction Engineering Laboratory)
in Cincinnati, Ohio. However, upon review of the available data, the
Agency has decided that the Office of Water data is more accurately
representative of available wastewater treatment than the pilot-scale
data from the PEST database, and has decided to change the final
treatment standard accordingly.
EPA is today clarifying that the LDRs do not apply to waste streams
which were specifically exempted from the definition of hazardous waste
in the final listing rule for carbamates. These waste streams include
sludges from the biological treatment of K156 and K157 and streams
which satisfy the concentration-based exemption from the definition of
K156 and K157 codified at Sec. 261.3(a)(2)(iv)(G).
The promulgation of treatment standards for carbamate wastes has
greatly expanded the number of constituents covered by the Universal
Treatment Standards at Section 268.48. The Agency wishes to clarify
that only a very limited number of generators or treaters, such as
manufacturers or users of carbamate products, are expected to have
these new constituents present in their wastes. Therefore, affected
parties may rely on process knowledge to determine if it is necessary
to analyze for these constituents.
The commenter has not yet provided any data to indicate that the
proposed treatment standards cannot be met. The commenter did indicate
an intention to submit biological treatment data for thiocarbamate
wastes. This commenter was instructed to submit this data quickly (by
the end of August) to allow the Agency time to give consideration to
this data prior to issuing the final rule.
B. Spent Aluminum Potliners (K088)
K088--Spent potliners from primary aluminum reduction.
EPA proposed to establish treatment standards for K088 expressed as
numerical concentration limits (see 60 FR 11722) for the following
constituents: acenapthene, anthracene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene,
benzo(g,h,i)perylene, chrysene, dibenz(a,h)-anthracene, fluoranthene,
indeno(1,2,3-cd)pyrene, phenanthrene, pyrene, antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, nickel, selenium,
silver, cyanide and fluoride. Today, EPA is promulgating these
treatment standards as proposed. The nonwastewater treatment standards
for cyanide, and the organic constituents, are based on a total
composition concentration analysis. The nonwastewater treatment
standards for fluoride, and the metal constituents, are based on
analysis using the TCLP. All wastewater treatment standards are based
on total composition concentration analysis.
1. Comments Received on the ``Inherently Waste-Like'' Determination
The majority of the comments received on the issue of declaring
K088 ``inherently waste-like'' opposed such a determination. As
discussed in the proposal, declaring K088 inherently waste-like would
require that all K088 treaters/recyclers obtain a RCRA Part B permit
regardless of whether the K088 is recycled, reused, used as a feedstock
in a process, or conventionally treated. The commenters asserted that
this designation would discourage recycling/reuse and development of
innovative technologies, and would be overly burdensome for many of the
small companies pursuing recycling technologies.
The Agency was persuaded by commenters that a determination of
``inherently waste-like'' is unnecessary at this time. Instead, any
determination of whether a particular K088 processing technology is a
type of excluded recycling activity would need to be made on a case-by-
case basis by EPA Regions or authorized states. EPA was persuaded by
commenters that allowing individual flexibility in making such a
determination is desirable here.
Criteria that are typically relevant in making any such
determinations are set out (among other places) at 50 FR at 638 (Jan.
4, 1985); 53 FR at 522 (Jan. 8, 1988); and 56 FR at 7159 and 7185 (Feb.
21, 1991). EPA also repeats the concerns voiced in the proposed rule
that spent aluminum potliners contain high concentrations of cyanides
and polyaromatic hydrocarbons which may be conventionally treated by
thermal recovery processes, and that these and other hazardous
constituents are present in the potliners in concentrations well
exceeding those found in the raw materials or products for which the
spent potliners would be substituting. 60 FR at 11723 n. 11. Other
concerns are that the thermal recovery processes appear to pose the
same potential risks of harmful air emissions as processing hazardous
wastes in industrial furnaces, that the residues of recovery processes
may not be adequately treated, and that storage of spent potliners can
(and indeed has) posed significant risk. Id. at 11723-24. EPA also
repeats that many of these units may already be subject to the rules
for industrial furnaces burning hazardous wastes, since those rules
apply to industrial furnaces that burn hazardous wastes for energy
recovery, material recovery, or destruction. Id. at 11722 and n. 10; 56
FR at 7142; 50 FR at 49171-49174 (Nov. 29, 1985); 40 CFR 266.100.
A consequence of EPA's decision to allow for individualized
determinations is that it is also unnecessary (and indeed, not
factually justified) to make a general determination of ``substantial
confusion'' pursuant to 270.10(e)(2) which could establish an
opportunity for interim status eligibility. That finding would have
been premised on the generic inherently wastelike determination (see 60
FR at 11723), which the Agency is not making. EPA is also not pursuing
in this proceeding the idea of toxic air emission standards under
section 112(d)(1) of the Clean Air Act for these sources. These sources
could be subject to these standards if they are major (or, in some
cases, area)
[[Page 15585]]
sources under section 112, but that determination need not be part of
the present rulemaking.
2. Comments Received on Regulated Constituents
EPA requested comment on regulating the phthalates: bis (2-
ethylhexyl) phthalate, di-n-butyl phthalate and di-n-octyl phthalate.
These constituents have seemingly been detected in the untreated
potliner and the treated residue; however, EPA believes that their
presence may simply be due to lab contamination. Commenters
overwhelmingly requested that these phthalates not be regulated. The
Agency agrees and is not including any phthalates in the list of
regulated constituents for K088.
A number of commenters requested that benzo(a)pyrene be used as a
surrogate for analyzing organics. The commenters were concerned that
analytical costs for other PAHs would be excessive. EPA is not
convinced that analyzing benzo(a)pyrene would be sufficient for
determining proper treatment of all organics. The concentration of one
constituent does not always reflect the concentration of similar
constituents in a waste. Surrogate analyses assume that all PAHs are
present at similar concentrations which may or may not be true. Because
of the variability of concentrations found in K088 wastes,
benzo(a)pyrene may not be present while other PAHs may be present.
Analyzing only for benzo(a)pyrene or any other potential surrogate does
not ensure the treatment to UTS concentrations of other PAHs. In
addition, the Agency believes that since all of the PAHs are analyzed
by a single method the cost increase for additional PAHs should not be
significant. Therefore, the Agency does not believe the organic
constituents monitored in K088 wastes should be limited to a surrogate
indicator. EPA is allowing, however, flexibility in the waste analysis
plans developed by the companies with their permit writers to analyze
only for those constituents expected to be present in the generated
K088.
The Agency proposed to regulate fluoride in K088. While fluoride is
not a ``hazardous constituent'', i.e., listed in Appendix VIII of part
261, it is present in very high concentrations in K088 and is capable
of causing substantial harm in the form of groundwater degradation,
adverse ecological effects and potential adverse human health effects.
The Agency's view thus is that, unless fluoride in this waste is
treated, the legal standard in section 3004(m) would not be satisfied.
That is, treatment would not ``substantially diminish the toxicity of
the waste * * * so that short-term and long-term threats to human
health and the environment are minimized.'' RCRA section 3004(m)(1). In
addition, as discussed in the proposed rule, EPA reads the language in
section 3004 (d)(1), (e)(1), and (g)(5) to require that land disposal
may still be prohibited after treatment of hazardous constituents if
the waste might still pose substantial hazards due to presence of other
constituents or properties. 56 FR at 41168 (August 19, 1991); NRDC v.
EPA, 907 F. 2d 1146, 1171-72 (D.C. Cir. 1990) (dissenting opinion).
These hazards could be posed due to lack of treatment of other
constituents in the waste, in this case, fluoride.
The Agency requested comment on whether fluoride should be added to
Appendix VIII, as well. The overwhelming response of the commenters is
that fluoride should not be added to Appendix VIII. The Agency agrees
that fluoride does not pose the same risks in other wastes because it
does not occur in such high concentrations. Furthermore, adding
fluoride to Appendix VIII has associated potential analytical costs
which would be unwarranted. Therefore, even though the Agency is
regulating fluoride in K088, it is not adding it to Appendix VIII at
this time.
3. Comments Received on Data
Several comments were received regarding EPA's use of data on K088.
One comment in particular suggested that EPA ignored relevant data
gathered by the Aluminum Association. The Agency did not ignore these
data. They were submitted after the proposal and are currently in the
docket for this final rule. The Agency has reviewed these data and
found that they do not support any changes to the proposed treatment
standards that are being finalized in this rule. This issue is
discussed in greater detail in the Response to Comments background
document.
4. Comments Received on Technical Basis for BDAT
There were a number of comments submitted on the technical basis
for the numerical treatment standards. As described in the preamble to
the proposed rule, most of the treatment standards are taken from the
universal treatment standards (UTS) (59 FR 47988, September 19, 1994)
which were developed for each constituent by evaluating all existing
Agency data from various technologies. The exception to the UTS for
K088 constituents is the fluoride treatment standard, which was taken
from the Reynolds delisting petition. While K088 is a unique waste,
available data indicate that these UTS levels can be routinely
achieved.
There seemed to be some confusion in that some commenters believed
that EPA was proposing a required technology for the treatment of K088.
This is not the case. The longstanding position of the Agency is when
numerical treatment levels are established under the LDR program, any
treatment technology (other than impermissible dilution) can be used to
achieve those levels.
Additional K088 comments along with EPA's responses are provided in
the Response to Comments Background Document located in the docket for
this rule.
VI. Improvements to the Existing Land Disposal Restrictions Program
A. Completion of Universal Treatment Standards
1. Addition of Constituents to Table 268.48
As discussed in the section on carbamate wastes, EPA is today
adding 42 new constituents to the table of universal treatment
standards (Table 268.48), for which treatment standards are being
promulgated today.
2. Wastewater Standard for 1,4-Dioxane
EPA proposed on March 2, 1995 (60 FR 11702), to establish a
wastewater treatment standard for 1,4-dioxane. 1,4-Dioxane was the only
UTS constituent for which EPA had promulgated a nonwastewater treatment
standard but not a wastewater standard. At that time, the Agency
proposed a wastewater UTS for 1,4-dioxane of 0.22 mg/l. This proposed
standard was based on the maximum daily limit for 1,4-dioxane that had
been developed as part of the proposed effluent guidelines for the
pharmaceutical industry (60 FR 21592, May 2, 1995). This standard was
based on a transfer of distillation performance data from methanol to
1,4-dioxane.
Today, the Agency is promulgating a revised treatment standard for
wastewater forms of 1,4-dioxane based on 5 data points. This data was
submitted by one of the commenters and represents actual treatment of
wastewaters containing 1,4-dioxane. The Agency prefers to use actual
treatment data in lieu of a data transfer whenever possible. These data
show that wastewaters containing between 2265-7365 mg/l of 1,4-dioxane
can be treated by distillation to levels between 3-7 mg/l, representing
a 99.9% removal rate for the dioxane. As a result of this data
submittal, the Agency is today promulgating a UTS of 12.0 mg/l for 1,4-
[[Page 15586]]
dioxane wastewaters based on the performance of distillation. The
standard was calculated following the standard methodology employed by
EPA in developing all BDAT treatment standards.
Comments received on the wastewater treatment standard for 1,4-
dioxane focused on three major points: (1) The unavailability, at the
time of proposal, of data from the effluent guidelines proposed rule
for the pharmaceutical industry, from which the proposed standard had
been derived; (2) the inappropriateness of transferring distillation
data from methanol to 1,4-dioxane (based on the effluent guidelines
data); and (3) analytical difficulties inherent in analyzing for 1,4
dioxane in wastewater.
In the proposed rule, EPA referenced effluent guidelines data that
would be made available to support the proposed wastewater treatment
standard for 1,4-dioxane (60 FR 11727, footnote 13). Although the
Agency believed that these data would be available for public
inspection shortly after signature of the proposed rule, this was not
the case. The data were available one day following the close of the
comment period on the Phase III proposed rule. As a result, many
comments were received that criticized the Agency for not providing
appropriate pubic review of data that was used to develop a treatment
standard.
In light of the delayed release of the effluent guidelines data,
the Agency decided to accept comments on these data and the proposed
1,4-dioxane treatment standard for 30 additional days. In addition, the
Agency provided notice of this extension to all commenters of the
proposed rule. Several comments were received in response to this memo.
Most of the commenters who had raised issue with the proposed standard
commented on the EPA memo.
In response to the second concern raised by commenters, the Agency
has received actual wastewater treatment data on 1,4-dioxane and as
such has developed a UTS based on that data. As stated earlier, the
Agency prefers to use actual constituency data from available treatment
technology in lieu of transferred data from other constituents whenever
feasible.
Finally, several commenters raised concerns regarding the
analytical difficulties of reliably detecting and quantifying 1,4-
dioxane in wastewater. CMA, in particular, stated that any UTS under 20
mg/l for 1,4-dioxane would be impractical. Other commenters noted
extreme variability and difficulty in testing for the presence of 1,4-
dioxane in wastewaters. While the analytical results provided by one of
the commenters did show some irregularities, a comprehensive analytical
protocol was not provided by the any of the comments which would be
needed to fully assess their concerns regarding 1,4-dioxane. As such,
the Agency believes that there should be no difficulty in analyzing for
1,4-dioxane in wastewater. Analysis can be accomplished by either
direct injection into a GCFID (SW 846, Method 8015B) or a more
sensitive analysis involving the injection of an azeotropic distillate
preparation into a GCFID (SW-846, Method 5031).
3. Revision to the Acetonitrile Standard
EPA proposed to raise the UTS for the nonwastewater form of
acetonitrile from 1.8 mg/kg to 38 mg/kg. Commenters generally supported
this revision for the reasons given in the proposed rule. Therefore the
Agency is promulgating this revised treatment standard in this rule for
the reasons stated at 60 FR 11729.
Related to this, EPA also proposed revoking the special wastewater/
nonwastewater definition for acrylonitrile wastes (K011/13/14),
recognizing that these nonwastewaters could consist of over 90% water,
and that wastewater treatment is an appropriate means of treating these
wastes. Commenters agreed with this, and the Agency is finalizing this
today.
B. Aggressive Biological Treatment as BDAT for Petroleum Refinery
Wastes
EPA had solicited comment on whether to specify aggressive
biological treatment (ABT) as the treatment standard for
decharacterized petroleum refining wastewaters. The Agency is not
establishing such a treatment standard in this final rule, but is
instead promulgating a reduction in the frequency of monitoring
required for those facilities using ABT to treat their wastes. The
reasons for this are discussed below.
This issue was raised by the American Petroleum Institute (API),
which had submitted data to the Agency on ten of its facilities that
used aggressive biological treatment. Along with the data, API
requested that EPA specify aggressive biological treatment as the
treatment standard for their wastes. Such a standard, which would
operate in lieu of UTS, would, in API's view, provide adequate
treatment and could reduce their monitoring burden. In a similar vein,
CMA commented that EPA should specify an optional treatment method
(biological treatment) as an alternative to meeting UTS for underlying
hazardous constituents reasonably expected to be present in
characteristic wastes.
The Environmental Technology Council (ETC) opposed setting ABT as a
new technology-specific treatment standard. They argued that biological
treatment only partially destroys underlying hazardous constituents.
They also felt that reducing the monitoring burden is inadequate
justification for creating a new technology-specific standard.
As discussed in the preamble to the proposed rule (60 FR at 11719),
biotreatment systems vary in performance both in general and as to
specific constituents; the Agency is therefore reluctant to designate
ABT as BDAT based on data from only ten facilities. The main reason
given by both API and CMA for having a treatment method as the
treatment standard was the elimination of the compliance monitoring
burden. Although we agree with ETC that reducing monitoring burden is
not an adequate justification for creating a new technology-specific
treatment standard, EPA is certainly willing to consider more efficient
means of ensuring compliance with LDR requirements.
Therefore, EPA is not designating ABT as BDAT, but is, however,
requiring that decharacterized wastes affected by today's rule, which
are managed in a wastewater treatment system involving ABT, must be
monitored annually to ensure compliance with the treatment standards
for underlying hazardous constituents. Other decharacterized wastes
affected by today's rule must be monitored quarterly. EPA has been
reviewing the paperwork burden posed by the LDR program; this was
discussed in the supplemental notice to the LDR Phase IV proposed rule
(61 FR 2338, January 25, 1996). As part of this paperwork burden
reduction effort, the Agency is considering reducing the monitoring
burden for all facilities complying with LDRs. The Agency considers
reducing the monitoring burden for facilities treating wastewater with
ABT to be a positive step towards this goal, and therefore believes it
is justified. Reductions of this type for other types of treatment will
be explored in future rulemakings.
C. Dilution Prohibition
Under the existing LDR dilution prohibition (40 CFR 268.3), burning
inorganic metal-bearing hazardous wastes can be a form of impermissible
dilution. On May 27, 1994, the Assistant Administrator for the Office
of Solid Waste and Emergency Response issued
[[Page 15587]]
a Statement of Policy which clarified this point (59 FR 27546-27547).
Today the Agency is codifying and quantifying these principles.
As discussed in the proposed rule, impermissible dilution may occur
when wastes not amenable to treatment by a certain method (i.e.,
treated very ineffectively by that treatment method) are nevertheless
`treated' by that method (55 FR 22666, June 1, 1990; 52 FR at 25778-
25779, July 8, 1987). Today's rule provides a general distinction
between ``adequate treatment'' and potential violations of the dilution
prohibition.
1. Inorganic Metal-Bearing Wastes
The Agency has evaluated the hazardous wastes and has determined
that 43 of the RCRA listed wastes (as set forth in 40 CFR part 261)
typically appear to be inorganic hazardous wastes that do not contain
organics, or contain only insignificant amounts of organics, and are
not regulated for organics. BDAT for these inorganic, metal-bearing
listed wastes is metal recovery or stabilization. Thus, impermissible
dilution may result when these wastes are combusted. When an inorganic
metal-bearing hazardous waste with insignificant concentrations of
organics is placed in a combustion unit, legitimate treatment for
purposes of LDR ordinarily is not occurring. No treatment of the
inorganic component occurs during combustion, and therefore, metals are
not destroyed, removed, or immobilized. Since there are no significant
concentrations of organic compounds in inorganic metal-bearing
hazardous wastes, it cannot be maintained that the waste is being
properly or effectively treated via combustion (i.e., thermally treated
or otherwise destroyed, removed, or immobilized). For this reason,
combustion of inorganic wastes is not a ``metho[d] of treatment * * *
which substantially diminish[es] the toxicity of the waste or
substantially reduce[s] the likelihood of migration of hazardous
constituents from the waste * * *'' (RCRA Sec. 3004(m)) and so is not a
permissible method of treatment under that provision.
In terms of the dilution prohibition, if combustion is allowed as a
method to achieve a treatment standard for these wastes, metals in
these wastes will be dispersed to the ambient air and will be diluted
by being mixed in with combustion ash from other waste streams.
Adequate treatment (stabilization or metal recovery to meet LDR
treatment standards) has not been performed and dilution has occurred.
It is also inappropriate to regard eventual stabilizing of such
combustion ash as providing adequate treatment for purposes of the
LDRs. Simply meeting the numerical BDAT standards for the ash fails to
account for metals in the original waste stream that were emitted to
the air and for reductions achieved by dilution with other materials in
the ash. (In most cases, of course, the metal-bearing wastes will have
been mixed with other wastes before combustion, which mixing itself
could be viewed as impermissible dilution).
These inorganic, metal-bearing hazardous wastes should be--and are
usually--treated by metal recovery or stabilization technologies. These
technologies remove hazardous constituents through recovery in
products, or through immobilization, and are therefore permissible BDAT
treatment methods.
There are eight characteristic metal wastes; however, only wastes
that exhibit the TC as measured by both the TCLP and the EP for D004-
D011 are presently prohibited (see 55 FR 22660-22662, June 1, 1990).
EPA recently proposed prohibition and treatment standards for wastes
identified as hazardous solely because they exhibit the TC (60 FR at
43682, August, 22, 1995). Characteristic wastes, of course, cannot be
generically characterized as easily as listed wastes because they can
be generated from many different types of processes. For example,
although some characteristic metal wastes do not contain organics or
cyanide or contain only insignificant amounts, others may have organics
or cyanide present which justify combustion, such as a used oil
exhibiting the TC characteristic for a metal. Thus, it is difficult to
say which D004-D011 wastes would be impermissibly diluted when
combusted, beyond stating that as a general matter, impermissible
dilution would occur if the D004-D011 waste does not have significant
organic or cyanide content but is nevertheless combusted.
An ``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. The table being promulgated in 40 CFR part 268, Appendix XI is
the list of waste codes for which EPA regulates only metals that are
affected by this rule.
2. Inorganic Metal-Bearing Wastes Not Prohibited Under the LDR Dilution
Prohibition
Combustion of the following inorganic metal-bearing wastes is not
prohibited under the LDR dilution prohibition: (1) wastes that, at the
point of generation, or after any bona fide treatment such as cyanide
destruction prior to combustion, contain hazardous organic constituents
or cyanide at levels exceeding the constituent-specific treatment
standard for UTS; (2) organic, debris-like materials (e.g., wood,
paper, plastic, or cloth) contaminated with an inorganic metal-bearing
hazardous waste; (3) wastes that, at point of generation, have
reasonable heating value such as greater than or equal to 5000 Btu/lb
(see 48 FR 11157, March 16, 1983); (4) wastes co-generated with wastes
that specify combustion as a required method of treatment; (5) wastes,
including soil, subject to Federal and/or State requirements
necessitating reduction of organics (including biological agents); and
(6) wastes with greater than 1% Total Organic Carbon (TOC).
Several commenters want EPA to add additional criteria. One
commenter recommended adding a seventh criterion, i.e., combustion that
results in a significant reduction in volume. Several commenters
recommended adding a seventh criterion to allow combustion of lab
packs. The Agency is not persuaded that a seventh criterion is
necessary. It has determined that volume reduction is not a sufficient
reason to allow the combustion of inorganic metal-bearing wastes
because metals are neither destroyed nor immobilized, and it is
possible that a significant amount of metal is being transferred to
another media. As for lab packs, in the Phase II final rule (59 FR
47982, September 19, 1994), the Agency specifically addressed lab pack
issues when it revised 268 Appendix IV to specify those wastes that are
prohibited from inclusion in lab packs destined for combustion. Today's
dilution prohibition does not supersede the streamlined treatment
standards promulgated in the Phase II final rule. Therefore, metal-
bearing inorganic wastes may be included in a lab pack unless it is
prohibited under the list of wastes in 268 Appendix IV.
3. Cyanide-Bearing Wastes
A commenter questioned why EPA allows the presence of cyanide to
justify combustion when there are adequate alternative treatment
methods for that waste constituent. This approach was adopted because
cyanide is destroyed--i.e., effectively treated and not diluted--by
combustion. Existing LDR rules, in many cases, identify combustion as
an appropriate BDAT for destruction of cyanide-bearing wastes. See,
e.g., treatment standards for F009, F010, and F011. The LDR Phase III
proposal solicited comments on whether the
[[Page 15588]]
cyanide criterion should be dropped. Several commenters strongly
supported the continued use of combustion as a treatment method for
cyanide-bearing wastes, stating that combustion is the most efficient
and effective method for treating cyanide wastes. One commenter, ETC,
supported dropping the cyanide criterion because of the existence of
alternative non-combustion technologies to treat inorganic cyanide-
bearing wastes without dispersing metals. The Agency disagrees;
combustion, when properly conducted, can effectively destroy all the
cyanide in a waste. In the Agency's view, this indicates that cyanide
wastes which are treated by combustion are not being diluted
impermissibly. This issue of whether metals are being dispersed would
be addressed through substantive controls on the combustion unit.
4. Table of Inorganic Metal Bearing Wastes
The table being promulgated in 40 CFR part 268, Appendix XI today
indicates the list of waste codes for which EPA regulates only metals
and/or cyanides that would be affected by this proposed rule. Except
for P122, this list is identical to the list originally published in
the aforementioned Policy Statement on this subject. The Agency is
removing P122 (Zinc Phosphide greater than 10%) from the list of
restricted inorganic metal-bearing wastes, because the Agency has
previously promulgated a treatment standard of INCIN for the
nonwastewater forms of this waste. See 40 CFR 268.40. The policy memo
was in error on this point. EPA wishes to clarify that this dilution
prohibition is limited to the 51 waste codes in this table. In
addition, if an Appendix IX waste meets any of the six criteria
discussed above, it would be permissible to combust the waste despite
the fact that it is an Appendix IX waste.
D. Expansion of Treatment Options That Will Meet the LDR Treatment
Standard ``CMBST''
EPA is modifying the treatment standard expressed as INCIN, which
specifies hazardous waste incineration, to CMBST, which allows
combustion in incinerators, boilers and industrial furnaces. EPA also
solicited comment on whether the Catalytic Extraction Process, for
which Molten Metal Technology received a determination of equivalent
treatment under Sec. 268.42(b), should also be allowed for all wastes
which have a treatment standard of CMBST, and whether there are other
technologies which are equivalent to CMBST. Commenters supported the
inclusion of the Catalytic Extraction Process (CEP), and since the
Agency has determined that (properly operated) it performs in a manner
equivalent to other combustion technologies, is adding it to the CMBST
standard. Molten Metal Technology commented that the CEP is not in fact
a combustion technology, and the Agency has attempted to reflect this
in the definition. One commenter, Exide Corporation, requested that
their plasma arc process for the recovery of lead also be added to the
definition of CMBST. The Exide plasma arc process is in fact an
industrial furnace under Sec. 260.10, and is therefore already
considered part of the definition of CMBST.
EPA also notes that the new CMBST standard requires that wastes be
thermally treated in units that either are subject to subtitle C
standards, or, in cases where non-hazardous but prohibited wastes are
being thermally treated, in accordance with applicable technical
operating requirements. This situation could arise, for example, if a
decharacterized waste were then being thermally treated. Such a waste
need not be managed in a hazardous waste combustion unit. The
regulatory language makes clear that non-hazardous waste combustion
units can be utilized. In fact, the predecessor to the CMBST standard--
INCIN--allowed nonhazardous incinerators to be an eligible type of unit
because the INCIN standard allowed burning in units subject to
applicable emissions standards, which standards did not necessarily
have to include subtitle C standards (59 FR 48002, Sept. 19, 1994, and
60 FR 242, June 3, 1995). This language was omitted inadvertently from
the CMBST standard, and is being restored in today's rule.
E. Clean Up of 40 CFR Part 268
EPA is finalizing changes to the LDR program to achieve the goal of
simplified regulations.
1. Section 268.8
Because treatment standards for all scheduled wastes were
promulgated in the Third Third rule in 1990, the Sec. 268.8 ``soft
hammer'' requirements are no longer necessary. Therefore, Sec. 268.8 is
removed from part 268.
2. Sections 268.10-268.12
The purpose of Subpart B of 268 was to set out a schedule for
hazardous wastes by the date when treatment standards were to be
established. Deadlines in all three of these sections were met on time,
and the wastes are subject to treatment standards. Therefore, these
three sections are no longer necessary, and are removed.
3. Section 268.2(f)
With the promulgation of UTS in the LDR Phase II final rule (59 FR
47982, September 19, 1994), distinctions in the definitions of
wastewaters are unnecessary. The Agency is therefore removing
paragraphs (1)-(3) from Sec. 268.2(f).
4. Corrections to Proposed Rule Language
A number of commenters pointed out properly that EPA had proposed
an amendment to Sec. 268.9 of the rules which would have the effect of
subjecting all listed wastes which also exhibit a characteristic of
hazardous waste to evaluate whether the waste contains underlying
hazardous constituents not covered by the treatment standard for the
listed waste, and if so, to treat for them. See 60 FR at 11741. EPA
agrees with the commenters that this provision is unnecessary and is
not adopting it. (In fact, the Agency did not intend any far-reaching
change in proposing the revised language.) The provision is unnecessary
because EPA already evaluated which hazardous constituents are present
in listed wastes at the time of developing the treatment standards (any
of the Background Documents supporting the treatment standards
indicates the sampling done, and that the sampling encompassed the
whole range of hazardous constituents potentially present). There is no
need to duplicate this effort. Consequently, the Agency is not amending
Sec. 268.9(b).
Other commenters pointed out that the proposed changes to the de
minimis exemption in Sec. 268.1(e)(4)(i) (see 60 FR 11740)
inadvertently omitted the language which states that de minimis losses
are not prohibited. That language has been put back into the final rule
language.
VII. Capacity Determinations
A. Introduction
This section summarizes the results of the capacity analysis for
the wastes covered by this rule. For background information on data
sources, methodology, and a summary of each analysis, see the
Background Document for Capacity Analysis for Land Disposal
Restrictions, Phase III--Decharacterized Wastewaters, Carbamate Wastes,
and Spent Potliners, found in the docket for today's rule. For EPA's
responses to capacity-related comments, see the Response to Capacity-
Related Comments Received on the Phase III
[[Page 15589]]
Land Disposal Restrictions Rulemaking, also found in the docket for
today's rule.
In general, EPA's capacity analysis methodologies focus on the
amount of waste to be restricted from land disposal that is currently
managed in land-based units and that will require alternative treatment
as a result of the LDRs. The quantity of wastes that are not managed in
land-based units (e.g., wastewaters managed only in RCRA exempt tanks,
with direct discharge to a POTW) is not included in the quantities
requiring alternative treatment as a result of the LDRs. Also, wastes
that do not require alternative treatment (e.g., those that are
currently treated using an appropriate treatment technology) are not
included in these quantity estimates.
EPA's decisions on whether to grant a national capacity variance
are based on the availability of alternative treatment or recovery
technologies. Consequently, the methodology focuses on deriving
estimates of the quantities of waste that will require either
commercial treatment or the construction of new on-site treatment
systems as a result of the LDRs--quantities of waste that will be
treated adequately either on site in existing systems or off site by
facilities owned by the same company as the generator (i.e., captive
facilities) are omitted from the required capacity estimates.
B. Capacity Analysis Results Summary
For the decharacterized ICR and TC wastes managed in CWA, CWA-
equivalent, and Class I injection well systems, EPA estimates that
between 85 and 500 million tons per year (estimated at end-of-pipe)
will be affected as a result of today's rule. EPA believes that many
affected facilities need time to build treatment capacity for these
wastes, as wastewater volumes generally make off-site treatment
impractical. Thus, EPA has determined that sufficient alternative
treatment capacity is not available, and today is granting a two-year
national capacity variance for decharacterized wastewaters.
Commenters to the rule generally supported EPA's decision to grant
a national capacity variance for decharacterized wastes managed in CWA,
CWA-equivalent, and Class I injection well systems. Numerous other
comments were received on issues such as those associated with the
definition of point of generation for ICR and TC wastewaters and the
applicability of today's rule to wastewater management units other than
surface impoundments, such as stormwater impoundments, sumps, sewers,
and trenches. The Response to Capacity-Related Comments Received on the
Phase III Land Disposal Restrictions Rulemaking background document
provides a detailed discussion of the capacity-related comments on
decharacterized wastewaters and EPA's response to them.
To assess the quantity of D003 wastes that could be affected by the
rule other than those wastes managed in CWA and CWA-equivalent systems,
EPA extracted information from the 1993 Biennial Reporting System (BRS)
on the generation and management of D003 wastes. According to the BRS,
approximately 2.2 million tons of D003 wastewaters are currently
deepwell injected, 650 tons of D003 nonwastewaters are managed through
land application, and 17,600 tons of D003 nonwastewaters are managed in
``other'' disposal units (not specified in the BRS). These wastes may
require additional treatment in order to meet the LDRs. In addition,
some D003 waste that may be affected by the rule may not be reported in
the BRS, because these wastes may not be considered hazardous by the
generator once they have been decharacterized. Although EPA believes
that in general there is adequate treatment capacity for these wastes,
such capacity may not be immediately available. Therefore, EPA is
granting a 90-day capacity variance for D003 wastes that are impacted
by the rule and are not managed in CWA and CWA-equivalent systems in
order to allow facilities time to determine whether their wastes are
affected by this rule, and identify and locate alternative treatment
capacity if necessary.
EPA estimates that approximately 105,000--130,000 tons of newly
listed wastes included in today's rule will require alternative
treatment. In particular, approximately 4,500 tons of carbamate wastes
(K156-K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205,
U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-
U396, U400-U404, U407, U409-U411) will require alternative treatment.
In addition, 100,000--125,000 tons (not including contaminated media)
of spent aluminum potliners (K088) will require alternative treatment
capacity.
EPA received a number of comments on its capacity analysis for K088
wastes. Most commenters disagreed with EPA's proposal not to grant a
capacity variance for K088 wastes. Specifically, these commenters
believe that EPA overestimated the quantity of available capacity and
underestimated the quantity of required capacity. In performing the
capacity analysis for the final rule, EPA considered all of the issues
raised by the commenters and reexamined its estimates of both available
and required capacity. EPA found that adequate treatment capacity does
exist for K088 wastes, although the amount of treatment capacity
appears to be just adequate to accommodate demand. However, some of the
facilities capable of treating these wastes may require pretreatment
such as grinding or crushing prior to accepting the waste. In order to
allow facilities generating K088 adequate time to work out logistics
such as transportation, pretreatment capacity, and contracting for
treatment capacity, EPA has decided to grant a nine-month national
capacity variance for these wastes--the time at which EPA estimates
existing treatment capacity will be available as a practical matter. A
detailed discussion of the final capacity analysis is provided in the
Background Document for Capacity Analysis for Land Disposal
Restrictions, Phase III--Decharacterized Wastewaters, Carbamate Wastes,
and Spent Potliners and EPA's responses to the individual comments on
the K088 capacity analysis are provided in the Response to Capacity-
Related Comments Received on the Phase III Land Disposal Restrictions
Rulemaking, both of which are in the docket for today's rule.
EPA has determined that there is adequate alternative treatment
capacity available for the 4,500 tons of carbamate wastes generated
each year and is therefore not granting a national capacity variance
for these wastes.
The quantities of radioactive wastes mixed with wastes included in
today's rule are generated primarily by the U.S. Department of Energy
(DOE). EPA estimates that 820 tons of high-level waste and 360 tons of
mixed low-level waste that may be affected by this proposal will be
generated annually by DOE. In addition, there are currently 7,000 tons
of high-level waste, 10 tons of mixed transuranic waste, and 2,700 tons
of mixed low-level waste in storage that may be affected by this rule.
DOE currently faces treatment capacity shortfalls for high-level wastes
and mixed transuranic wastes. Although DOE does have some available
treatment capacity for mixed low-level wastes, most of this capacity is
limited to treatment of wastewaters with less than one percent total
suspended solids and is not readily adaptable for other waste forms.
DOE has indicated that it will generally give treatment priority to
mixed wastes that are already restricted under previous LDR rules.
Therefore, EPA is granting a two-year national capacity variance to
radioactive wastes mixed with the hazardous wastes affected by today's
rule. Commenters to the proposed rule supported EPA's
[[Page 15590]]
decision to grant a national capacity variance for these wastes.
Table 1 lists each RCRA hazardous waste code for which EPA is today
promulgating LDR standards. For each code, this table indicates whether
EPA is granting a national capacity variance for land-disposed wastes.
Also, EPA is granting a three-month national capacity variance for all
wastes in this rule to handle logistical problems associated with
complying with the new standards.
Table 1.--Variances for Newly Listed and Identified Wastes
----------------------------------------------------------------------------------------------------------------
Waste description\1\ Surface-disposed wastes Deepwell-injected wastes
----------------------------------------------------------------------------------------------------------------
Ignitable and corrosive wastes managed in CWA or CWA- 2 Years..................... 2 Years.
equivalent systems, or SDWA (D001 and D002).
Reactive wastes managed in CWA or CWA-equivalent 2 Years..................... 2 Years.
systems, or SDWA (D003).
Reactive wastes not managed in CWA or CWA-equivalent 3 Months.................... 3 Months.
systems, or SDWA (D003).
Newly identified pesticide wastes managed in CWA or 2 Years..................... 2 Years.
CWA-equivalent systems, or SDWA (D012-D017).
Newly identified TC organic wastewaters managed in 2 Years..................... 2 Years.
CWA or CWA-equivalent systems, or SDWA (D018-D043).
Spent aluminum potliners (K088)..................... 9 Months.................... 3 Months.
Carbamate production wastes (K156-K161, P127, P128, 3 Months.................... 3 Months.
P185, P188-P192, P194, P196-P199, P201-P205, U271,
U277-U280, U364-U367, U372, U373, U375-U379, U381-
U387, U389-U396, U400-U404, U407, U409-U411) mixed
radioactive wastes \2\.
----------------------------------------------------------------------------------------------------------------
\1\ Includes soil and debris contaminated with each waste.
\2\ The variance determinations listed apply only to radioactive wastes mixed with decharacterized D001-D003 or
newly identified D012-D017 wastes managed in CWA and CWA-equivalent systems; to radioactive wastes mixed with
newly identified TC organic wastewaters; and to radioactive wastes mixed with spent aluminum potliners, or
carbamate production wastes.
VIII. State Authority
A. Applicability of Rules in Authorized States
Under section 3006 of RCRA, EPA may authorize qualified States to
administer and enforce the RCRA program within the State. Following
authorization, EPA retains enforcement authority under sections 3008,
3013, and 7003 of RCRA, although authorized States have primary
enforcement responsibility. The standards and requirements for
authorization are found in 40 CFR Part 271.
Prior to HSWA, a State with final authorization administered its
hazardous waste program in lieu of EPA administering the Federal
program in that State. The Federal requirements no longer applied in
the authorized State, and EPA could not issue permits for any
facilities that the State was authorized to permit. When new, more
stringent Federal requirements were promulgated or enacted, the State
was obliged to enact equivalent authority within specified time frames.
New Federal requirements did not take effect in an authorized State
until the State adopted the requirements as State law.
In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), new
requirements and prohibitions imposed by HSWA take effect in authorized
States at the same time that they take effect in unauthorized States.
EPA is directed to carry out these requirements and prohibitions in
authorized States, including the issuance of permits, until the State
is granted authorization to do so.
Today's rule is being promulgated pursuant to sections 3004(d)
through (k), and 3004(m), of RCRA (42 U.S.C. 6924(d) through (k), and
6924(m)). Therefore, the Agency is adding today's rule to Table 1 in 40
CFR 271.1(j), which identifies the Federal program requirements that
are promulgated pursuant to HSWA. States may apply for final
authorization for the HSWA provisions in Table 1, as discussed in the
following section of this preamble. Table 2 in 40 CFR 271.1(j) is also
modified to indicate that this rule is a self-implementing provision of
HSWA.
B. Abbreviated Authorization Procedures for Specified Portions of
Today's Rule
On August 22, 1995, EPA proposed in the Phase IV LDR notice an
abbreviated authorization procedure that would also be used for certain
parts of the Phase III LDR rule that are minor in nature (EPA also
proposed to use this procedure for the Universal Treatment Standards
(UTS) in the Phase II rule). This procedure is designed to expedite the
authorization process by reducing the scope of a State's submittal, for
authorization to a State certification and copies of applicable
regulations and statutes. EPA would then conduct a short review of the
State's request, primarily consisting of a completeness check (see 60
FR 43686 for a full description of the proposed procedures). The parts
of the Phase III rule to which the streamlined authorization procedures
would be applicable are: (1) treatment standards for newly listed
wastes, (2) improvements to the existing land disposal restrictions
program, and (3) revisions and corrections to the treatment standards
in Secs. 268.40 and 268.48. (Further discussion of this issue also is
found in the supplemental proposal to the LDR Phase IV rule (61 FR
2358, 2365, January 25, 1996)).
Although EPA is firmly committed to streamlining the RCRA State
authorization procedures, the Agency has decided not to finalize the
proposed Category 1 authorization procedures for parts of the Phase III
rule today's notice. EPA believes that public comments from both the
August 22 proposal and comments submitted for the recent HWIR-
contaminated media proposal should be considered before finalizing new
procedures for authorization. This full consideration will enable EPA
to make the best decision regarding how the authorization process
should work. EPA intends to finalize both the Category 1 and Category 2
procedures at the same time.
C. Effect on State Authorization
Because today's Phase III LDR rule is being promulgated under HSWA
authority, those sections of today's rule that expand the coverage of
the LDR program (e.g., to newly identified wastes) would be implemented
by EPA on the effective date of today's rule in authorized States until
their programs are modified to adopt these rules and the modification
is approved by EPA.
However, some of today's regulatory amendments are neither more or
less stringent than the existing Federal requirements. EPA clarified in
a December 19, 1994, memorandum (which is in the docket for today's
rule) that EPA would not implement the Universal Treatment Standards
(promulgated under HSWA authority in the Phase II LDR rule) separately
for those States for which the State has received LDR authorization.
EPA views any changes from the existing limits to
[[Page 15591]]
be neither more or less stringent since the technology basis of the
standards has not changed. Accordingly, EPA will not implement the
amendments to the UTS in today's LDR Phase III rule for those states
with LDR authorization.
Because today's rule is promulgated pursuant to HSWA, a State
submitting a program modification may apply to receive interim or final
authorization under RCRA section 3006(g)(2) or 3006(b), respectively,
on the basis of requirements that are substantially equivalent or
equivalent to EPA's. The procedures and schedule for State program
modifications for final authorization are described in 40 CFR 271.21.
It should be noted that all HSWA interim authorizations will expire
January 1, 2003. (See Sec. 271.24 and 57 FR 60132, December 18, 1992.)
Section 271.21(e)(2) requires that States with final authorization
must modify their programs to reflect Federal program changes and to
subsequently submit the modification to EPA for approval. The deadline
by which the State would have to modify its program to adopt these
regulations is specified in Sec. 271.21(e). This deadline can be
extended in certain cases (see Sec. 271.21(e)(3)). Once EPA approves
the modification, the State requirements become Subtitle C RCRA
requirements.
States with authorized RCRA programs may already have requirements
similar to those in today's rule. These State regulations have not been
assessed against the Federal regulations being proposed today to
determine whether they meet the tests for authorization. Thus, a State
is not authorized to implement these requirements in lieu of EPA until
the State program modifications are approved. Of course, states with
existing standards could continue to administer and enforce their
standards as a matter of State law. In implementing the Federal
program, EPA will work with States under agreements to minimize
duplication of efforts. In most cases, EPA expects that it will be able
to defer to the States in their efforts to implement their programs
rather than take separate actions under Federal authority.
States that submit official applications for final authorization
less than 12 months after the effective date of these regulations are
not required to include standards equivalent to these regulations in
their application. However, the State must modify its program by the
deadline set forth in Sec. 271.21(e). States that submit official
applications for final authorization 12 months after the effective date
of these regulations must include standards equivalent to these
regulations in their application. The requirements a State must meet
when submitting its final authorization application are set forth in 40
CFR 271.3.
IX. Regulatory Requirements
A. Regulatory Impact Analysis Pursuant to Executive Order 12866
Executive Order No. 12866 requires agencies to determine whether a
regulatory action is ``significant.'' The Order defines a
``significant'' regulatory action as one that ``is likely to result in
a rule that may: (1) have an annual effect on the economy of $100
million or more or adversely affect, in a material way, the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) create serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients; or
(4) raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in the
Executive Order.''
The Agency estimated the costs of today's rule to determine if it
is a significant regulation as defined by the Executive Order. The
analysis considers compliance cost and economic impacts for both
characteristic wastes and newly listed wastes affected by this rule.
For characteristic wastes, the potential cost impacts of this rule
depend on whether facilities' current wastewater treatment systems will
meet the UTS levels or if additional treatment will be required. If
current treatments are adequate, facilities will only incur
administrative costs to have their permits revised as well as on-going
monitoring costs. In general, the Agency expects that facilities will
seek permit modifications, treatability variances, or certification of
adequate POTW treatment because these compliance options can be
implemented at much lower cost than the option requiring treatment to
UTS levels. EPA estimates the total annualized costs of the rule for
these wastes would range from approximately $197,000 to $598,000, of
which $154,000 to $425,000 would be incurred at the 28 to 73
potentially affected facilities in the organic chemical industry, and
approximately $43,000 to $173,000 would be incurred at the 8 to 30
potentially affected facilities in the petroleum refining industry.
However, at the high end, if current wastewater treatment systems need
to be augmented with additional treatment steps, the incremental
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
compliance costs for today's rule could be as high as $1 million per
affected facility. The Agency does not have adequate data to estimate
how many, if any, facilities may require modification to their
treatment facilities. The Agency did conduct a sensitivity analysis,
considering the costs of the rule under two scenarios: (1) Assuming
that 80 percent of the facilities comply with the rule by obtaining
permit modifications and 20 percent comply by treating their wastes,
and, (2) assuming that 60 percent comply by obtaining permit
modifications and 40 percent comply by treating their wastes. Based on
the first scenario, the estimated annualized costs of the rule would
range from $6.6 million to $18.2 million. Based on the second scenario,
the estimated annualized costs would range from $12.9 million to $35.7
million. For newly listed wastes, the costs are substantially higher
and will be incurred each year. These costs range from approximately
$11.9 million to $47.3 million and are attributable to thermal
treatment of aluminum potliner wastes (K088). Therefore, today's rule
may be considered an economically significant rule. Because today's
rule is significant, the Agency analyzed the costs, economic impacts,
and benefits.
This section of the preamble for today's rule provides a discussion
of the methodology used for estimating the costs, economic impacts and
the benefits attributable to today's rule, followed by a presentation
of the cost, economic impact and benefit results. More detailed
discussions of the methodology and results may be found in the
background document, ``Regulatory Impact Analysis of the Land Disposal
Restrictions Final Rule for the LDR Phase III Newly Listed and
Identified Wastes,'' which has been placed in the docket for today's
rule.
1. Methodology Section
In today's rule, the Agency is establishing treatment standards for
the following wastes: end-of-pipe standards for ignitable, corrosive,
and reactive (ICR) wastewaters managed in CWA, CWA-equivalent systems,
and UIC wells; Toxicity Characteristic pesticide (D012-17) and organic
(D018-43) wastewaters managed in CWA, CWA-equivalent systems, and UIC
wells; and newly listed wastes from two industries--spent aluminum
potliners and carbamates.
a. Methodology for Estimating the Affected Universe. In determining
the costs, economic impacts, and benefits associated with today's rule,
the Agency
[[Page 15592]]
estimated the volumes of waste affected by today's rule. The procedure
for estimating the volumes of ICR waste and TC organic and pesticide
waste, and newly listed wastes affected by today's rule is summarized
below.
First, the Agency examined all industries which might be likely to
produce wastes covered under today's standards. Through reviewing
comments to the Supplemental Notice of Data Availability published by
the Agency in 1993, reviewing runs from the Biennial Reporting System
(BRS) of volumes generated from particular industry sectors, as well as
discussions with industry, and discussions with the Office of Water at
EPA HQ, the Agency narrowed it down to 16 industries which would
potentially have significant volumes of wastewater affected by today's
rule.
Using a host of databases and/or sources, the Agency collected data
on the quantities, constituents, and concentrations of the volumes
affected from each of the 16 industries. In addition, the Agency
gathered any data on current management practices, plant design, etc.
The following sources were used: Toxic Release Inventory (TRI), Section
308 data from the Office of Water, Industrial Studies Database (ISDB),
1991 Biennial Reporting System (BRS), primary summary and development
documents data from effluent guidelines, TCRIA documents, data gathered
in the capacity analysis performed for today's rule, as well as
comments from potentially affected industries.
The Agency obtained volume information for the newly listed
wastes--spent aluminum potliners (K088) and carbamate wastes (K156-
161)--from the listing documents prepared for these wastes during the
listing procedure.
b. Cost Methodology. The cost analysis estimates the national level
incremental costs which will be incurred as a result of today's rule.
The cost estimates for both the baseline and post-regulatory scenarios
are calculated employing: (i) the facility wastestream volume, (ii) the
management practice (baseline or post-regulatory) assigned to that
wastestream, and (iii) the unit cost associated with that practice.
Summing the costs for all facilities produces the total costs for the
given waste and scenario. Subtracting the baseline cost from the post-
regulatory cost produces the national incremental cost associated with
today's rule for the given waste.
The cost methodology section includes three sub-sections: (i) ICR
and TC Pesticide and Organic Wastes Managed in CWA and CWA-Equivalent
Systems, (ii) Newly Listed Wastes, (iii) Testing and Recordkeeping
Costs.
i. ICR and TC Pesticide and Organic Wastes Managed in CWA and CWA-
Equivalent Systems. The Agency employed the following approach to
estimate the incremental costs for the ICR and TC wastes. First, using
information available on the affected industries, the Agency created
average-sized model facilities for each industry. Second, for a given
model facility in an affected industry, the Agency used available unit
cost data to develop costs for the baseline management practices
(usually treatment in surface impoundments followed by discharge into
receiving waters through a NPDES permit). Third, the Agency used data
on the constituents and waste quantities for each industry, where
applicable, to determine the necessary treatment required to reduce to
UTS levels the constituents present. Fourth, the Agency used unit costs
to develop costs for the post-regulatory management practices for the
treatment requirements determined in the third step. Fifth, subtracting
the baseline from the post-regulatory costs for an average facility in
an industry sector and using the data available on the number of
facilities affected within each industry, the Agency was able calculate
the incremental cost for a given industry. Sixth, summing costs across
affected industries, the Agency determined the incremental cost for the
rule for the end-of-pipe treatment standards.
ii. Newly Listed Wastes. The costs for treatment of spent aluminum
potliners (K088) and carbamate wastes (K156-161) will be determined
using data from the listings on baseline management practices, judgment
on the technology(s) required to meet the UTS standards for these
wastes, and available unit cost data.
iii. Testing and Recordkeeping Costs. Testing and recordkeeping
costs, including costs that facilities will incur for ensuring that
hazardous constituents in characteristic waste are meeting new
treatment standards and costs associated with permit modifications will
be based upon an average, one-time testing cost, on-going monitoring
costs, and an Information Collection Request, respectively.
c. Economic Impact Methodology. The economic effects of today's
rule are defined as the difference between the industrial activity
under post-regulatory conditions and the industrial activity in the
absence of regulation (i.e., baseline conditions).
The Agency used (1) historic average capital expenditures for each
industry, (2) historic average operating expenditures for each
industry, (3) historic revenues, and (4) historic average pollution
abatement and control expenditures (PACE) to determine the economic
impacts. However, the Agency was unable to examine the impacts on a
facility-specific basis due to lack of data. Therefore, the impacts are
assessed on an industry-specific basis.
d. Benefits Methodology. The approach for estimating benefits
associated with today's rule involves three components: (i) estimation
of pollutant loadings reductions, (ii) estimation of reductions in
exceedances of health-based levels, and, (iii) qualitative description
of the potential benefits. The benefits assessment is based upon the
waste quantity and concentration data collected for the cost analysis.
This incremental assessment focuses upon reductions in toxic
concentrations at the point of discharge and does not consider any
potential benefits resulting from reductions in air emissions or
impacts on impoundment leaks and sludges which may occur as part of
treating wastes to comply with the LDRs. It is expected that additional
treatment to comply with the LDRs may result in risk reductions from
air emissions, leaks, and sludges.
EPA has conducted an assessment of the benefits related to the
effects of the rule on newly listed spent aluminum potliners. These
benefits depend on the incremental risk reductions that may result from
treatment of the wastes. In conducting the risk assessment for spent
aluminum potliners, EPA improved upon the fate and transport modeling
approach used in the RIA. Specifically, in the RIA, EPA applied generic
dilution/attenuation factors (DAFs) (which did not reflect constituent-
specific fate and transport processes, site-specific hydrogeological
conditions, or waste characterization data) to relate the concentration
of contaminants in the leachate to their concentration in a down-
gradient well. Instead, EPA used its Composite Model for Leachate
Migration and Transformation Products (EPACMTP) to perform constituent-
specific fate and transport modeling. A summary of the analysis can be
found in the Addendum to the RIA placed in the docket for this rule.
EPA data indicate that approximately 120,000 metric tons of spent
aluminum potliners are generated annually. EPA has not conducted an
assessment of the benefits related to the effects of the rule on newly
listed carbamate wastes. Because the Agency expects facilities to
comply with LDRs through permit modifications, and because the quantity
of waste is very small, benefits for
[[Page 15593]]
newly listed carbamate wastes are expected to be minimal.
i. Estimation of Pollutant Loadings Reductions. An incremental
approach was used to estimate reductions in pollutant loadings. For the
baseline scenario, contaminant concentrations were based upon data or
estimates of current effluent discharge concentration levels. For the
post-regulatory scenario, concentration levels were assumed to equal
UTS levels.
ii. Estimation of Reductions in Exceedances of Health-Based Levels.
The methods used for evaluating the benefits associated with cancer and
noncancer risk reductions resulting from the rule entail comparing
constituent concentration levels to health-based standards to evaluate
whether implementation of the rule reduces concentration levels below
levels that pose risk to human health.
To estimate benefits from cancer risk reductions resulting from the
rule, a simple screening analysis was performed. This analysis compared
contaminant concentrations for the baseline and post-regulatory
scenario to health-based levels for carcinogens. Further analysis may
be undertaken to quantify benefits associated with facility/
wastestream combinations identified in the contaminant concentration
comparisons.
Benefits associated with reductions in non-cancer exceedances are
estimated based upon comparisons of contaminant concentration levels in
effluent discharges of the affected wastestreams to the reference
health levels. These benefits are expressed in terms of the number of
exceedances of health-based levels under the baseline scenario compared
to the number of exceedances under the rule.
iii. Qualitative Description of the Potential Benefits. A
qualitative assessment of potential benefits likely to result from the
rule is used where data are limited. The Agency acknowledges limited
data availability in developing waste volumes affected, constituents,
concentrations, cost estimates, economic impacts, and benefits
estimates for the LDR Phase III rulemaking. The Agency continues to
request comment from industry regarding constituents, concentrations,
waste volumes, and current management practices.
2. Results
a. Volume Results. The Agency has estimated the volumes of formerly
characteristic wastes potentially affected by today's rule to total in
the range of 33.5 to 500 million metric tons. The Agency requests
comment on waste volumes affected by the LDR Phase III rule. For newly
listed wastes, the analyses supporting the listing determination showed
about 4,500 metric tons of carbamate wastes and 118,000 metric tons of
spent aluminum potliners are potentially affected by this rule.
b. Cost Results. For characteristic wastes, the potential cost
impacts of this rule depend on whether facilities' current wastewater
treatment systems will meet the UTS levels or if additional treatment
will be required. If current treatments are adequate, facilities will
only incur administrative costs to have their permits revised. EPA
estimates the total annualized costs of the rule for these wastes would
range from approximately $197,000 to $598,000, of which $154,000 to
$425,000 would be incurred at the 28 to 73 potentially affected
facilities in the organic chemical industry, and approximately $43,000
to $173,000 would be incurred at the 8 to 30 potentially affected
facilities in the petroleum refining industry. However, at the high
end, if current wastewater treatment systems need to be augmented with
additional treatment steps, the incremental compliance costs could be
as high as $1 million per affected facility. The Agency does not have
adequate data to estimate how many, if any, facilities may require
modification to their treatment facilities. The Agency continues to
request comment and data on how often additional treatment may be
required.
For newly listed wastes, the costs are substantially higher and
will be incurred each year. These costs range from approximately $11.9
million to $47.3 million and are attributable to thermal treatment of
aluminum potliner wastes (K088). The Agency requests comment on where
industry falls within this range.
c. Economic Impact Results. The Agency has estimated the economic
impacts of today's rule to represent less than one percent of historic
pollution control and operating costs for the organic chemical and
petroleum refining industries. However, for those facilities that may
need to treat to UTS to comply with today's rule, costs could be more
significant. The estimated compliance costs for treating newly listed
spent aluminum potliners represents 40 percent of pollution control
operating costs for aluminum reducers; however, treatment costs
represent only one percent of total historic operating costs.
d. Benefit Estimate Results. The Agency expects facilities to
comply with the LDRs through permit modifications. As a result, the
Agency has estimated the benefits associated with today's rule to be
small. Assuming facilities comply with the rule by treating their
affected wastestreams, loadings reductions estimates range between
1,527 to 21,322 metric tons per year at 129 to 291 facilities (direct
and indirect dischargers) involving 175 to 647 constituent/wastestream
combinations. Ninety-eight percent of the reductions occur at organic
chemicals facilities, with the remainder occurring at petroleum
refiners. Estimated loadings reductions for direct dischargers range
between 36 and 267 tons per year, representing between 0.03 and 0.2
percent of total Toxic Release Inventory (TRI) chemical loadings to
surface waters. For indirect dischargers, estimated loadings reductions
range between 1,491 and 21,055 metric tons per year, representing
between 0.8 and 11.0 percent of total TRI chemical loadings transferred
to POTWs. Based upon the results of the screening and more detailed
risk assessments, the estimated baseline risks associated with nine to
twenty wastestreams (out of the 155 to 404 constituent/wastestream
combinations potentially affected by the rule) exceed 10-6 under
baseline conditions and three to six wastestreams with noncancer risk
levels exceeding reference doses. These 12 to 26 wastestreams contain
one of five constituents: aniline (9 to 19 wastestreams), acrylamide (0
to 1 wastestream), pyridine (2 waststreams), barium compounds (1
wastestream), and acetonitrile (0 to 2 wastestreams). For these 12 to
26 wastestreams, EPA conducted a more detailed risk assessment, using
site-specific data. Results of the more detailed risk assessment
indicate that the benefits from the rule are small. EPA identified four
wastestreams potentially posing cancer risk exceeding the threshold
risk levels. Three wastestreams pose baseline cancer risk ranging from
1 x 10-5 to 1 x 10-4 (due to exposure to aniline) which
potentially would be reduced to between 8 x 10-8 and 3 x
10-6 under the LDR Phase III rule. A fourth wastestream containing
acrylamide poses baseline cancer risk at a level of 2 x 10-3.
The rule is estimated to reduce this risk to between 2 x 10-4
and 4 x 10-36. All four of these wastestreams are discharged to
POTWs; if POTW treatment removes these constituents from the wastewater
prior to discharge to surface water and/or if no drinking water intake
is located downstream from the POTW's outfall, baseline risks will be
lower. The Agency expects facilities to comply with the LDRs through
permit modifications;
[[Page 15594]]
however, additional treatment may result in potentially significant
risk reduction.
EPA performed constituent-specific fate and transport modeling
using its EPACMTP to further assess cancer and noncancer risks of spent
aluminum potliners. Using these additional data, EPA assessment of
baseline risks indicates that individual lifetime cancer risks increase
to about 10-6 under central tendency assumptions and 10-3
under high-end assumptions. In addition, the new estimates suggest that
under high-end assumptions, baseline concentrations in drinking water
may be high enough to present noncancer risks; previously, noncancer
risks were estimated to be negligible. Consequently, the benefits of
regulating spent aluminum potliners are higher than previously
estimated. Under central tendency assumptions, individual lifetime
cancer risks resulting from current waste management practices are
slightly higher than post-regulatory risks (10-6 versus less than
10-6); some incremental benefits may therefore be realized as a
result of the LDRs. Under high-end assumptions, however, the regulation
could reduce cancer risks by one or two order of magnitude, while
noncancer risks could be eliminated. Although population risks would
also be reduced correspondingly, EPA is unable to specify the magnitude
of the exposed population.
B. Regulatory Impact Analysis for Underground Injected Wastes
The Agency has completed a separate regulatory impact analysis for
underground injected wastes affected by the LDR Phase III final rule.
This analysis describes the regulatory impacts only to the Class I
injection well universe. The new Phase III LDRs cover decharacterized
ICR and TC organic wastes, and other newly-identified hazardous wastes
that are distinctly industrial wastes injected by owners and operators
of only Class I hazardous and non-hazardous injection wells.
According to the available data outlined in the RIA, our best
estimate indicates that of the 223 Class I injection facilities in the
nation, up to 154 facilities will be affected by the new Phase III
LDRs. Of these facilities, 100 inject nonhazardous waste and 54 inject
hazardous waste. Combined, these facilities inject approximately 18
billion gallons of waste annually into Class I wells. These Class I
injection wells will now be required to either treat wastes onsite,
segregate and ship affected wastes offsite for treatment and disposal,
or file no migration petitions as outlined in the UIC regulations in 40
CFR Part 148 (See 53 FR 28118, July 26, 1988, preamble for a mote
thorough discussion of the no migration petition review process).
Additional options for compliance with the final Phase III LDRs,
including a de minimis exemption and a pollution prevention option
discussed in detail elsewhere in this rule and in the final UIC RIA.
Of the newly affected Class I facilities, 38 already have no
migration exemptions approved by EPA, but they may be required to
submit a petition modification to EPA due to the Phase III rule unless
their original petition already addressed affected Phase III wastes,
including underlying hazardous constituents in decharacterized wastes.
In the cases where the petition already covers all hazardous wastes and
underlying hazardous constituents in the injected waste stream (i.e.,
the injectate that was evaluated during the no migration petition
process has not changed), no further Agency review of these petitions
is necessary. For the facilities which do not have approved no
migration exemptions, the rule will add compliance costs to those
incurred as a result of previous rulemakings. The Agency analyzed costs
and benefits for the final Phase III rule using the same approach and
methodology developed in the Regulatory Impact Analysis of the
Underground Injection Control Program: Proposed Hazardous Waste
Disposal Injection Restriction (53 FR 28118) and subsequent LDR
rulemaking. An analysis was performed to assess the economic effect of
associated compliance costs for the additional volumes of injected
wastes attributable to this rule.
In general, Class I injection facilities affected by the LDR Phase
III rule have several options. As previously outlined, some facilities
will modify existing no migration petitions already approved by the
Agency, others may submit entirely new petitions, and still others may
accept the prohibitions and either continue to inject treated wastes or
cease injection operations altogether. And some facilities with
approved petitions already addressing Phase III wastes will have no or
little additional compliance costs. EPA assessed compliance costs for
Class I facilities submitting no migration petitions, employing
alternative treatment, and/or implementing pollution prevention
measures. Although facilities using pollution prevention/waste
minimization to comply with the Phase III LDRs will likely lower
overall regulatory compliance costs, these situations are site-specific
and, therefore, EPA cannot estimate these costs savings at this time.
For Class I facilities opting to use alternative treatment, the
Agency derived costs for both treating wastes on-site, and/or shipping
wastes and treating them off-site at a commercial facility. However,
EPA believes that the segregation and transportation of large volumes
of liquid wastes off-site is not very practical or cost-effective. This
makes the off-site treatment scenario, at best, a highly conservative
analysis and in actuality, a least likely and therefore discountable
scenario. EPA expects that all injection facilities will opt for the
most cost-effective approach in complying with the Phase III final rule
and they will either submit a no migration petition or treat their
wastes on-site. EPA also assumes that non-commercial facilities will
segregate wastes for treatment on-site, whereas commercial facilities
will find it more cost effective to not segregate LDR Phase III wastes.
For the final rule, EPA estimates that the total annual compliance cost
for petitions and alternative on-site treatment to industry affected by
the new LDR Phase III prohibitions will range between $32.91 million to
$34.08 million per year. The average annual compliance costs per
affected facility employing on-site alternative treatment were
$217,500. The range of costs for alternative treatment is the result of
applying a sensitivity analysis. Only the incremental treatment costs
for the new waste listings are calculated in this RIA. All of these
costs will be incurred by Class I injection well owners and operators.
The average annual compliance costs per affected facility employing on-
site alternative treatment were $217,500. The total annual compliance
costs for the 154 potentially affected facilities would therefore be
$33.4 million. These figures were derived by applying the probability
of certain outcomes occurring, via the decision tree methodology
described in the RIA, to the costs associated with those outcomes for
each affected facility.
Additionally, as part of the RIA analysis, the costs associated
with three differing scenarios also were derived. These scenarios are
represented by (1) a minimum case, where all facilities incur only
petition costs, (2) a mid-line case, where all facilities incur
treatment costs (commercial facilities treat on-site with no waste
segregation while non-commercial facilities chose the least cost
treatment option), and a maximum case, where all facilities incur both
petition and treatment costs. Costs associated with these scenarios
range
[[Page 15595]]
from $3.67 million per year for all facilities incurring only petition
costs to $132.62 million per year for all facilities incurring both
petition and treatment costs. Based on past EPA experience, there is
little probability that all facilities will arrive at each of these
possible outcomes. However, this indicated range provides an extreme
lower and upper bound estimate for national compliance costs purposes.
The benefits to human health and the environment in the RIA are
generally defined as reduced human health risk resulting from fewer
instances of ground water contamination. In general, potential health
risks from Class I injection wells are extremely low.
EPA conducted a quantitative assessment of the potential human
health risks associated with two well malfunction scenarios. EPA
developed a methodology described in the RIA to measure health risks of
five Phase III contaminants: benzene, carbon tetrachloride, chloroform,
phenol, and toluene. The results of these analyses show that most of
the cancer risks calculated are below the 1 x 10-4 to 1 x
10-6 risk range generally used by EPA to regulate exposure to
carcinogens. Virtually all of the non-cancer risks are below a hazard
index (HI) of 1, which represents a ratio used to compare the relative
health risks posed by contaminants. Therefore, these cancer and non-
cancer risks calculated are below any levels of regulatory concern.
Only two cancer risk estimates in the high end scenarios, those
calculated for benzene and carbon tetrachloride, slightly exceeded the
risk range to regulate exposure to carcinogens. Only one hazard index
calculated for carbon tetrachloride exceeded EPA's level of concern of
a ratio greater than 1. However, these results were derived from a
scenario where an abandoned borehole (i.e. the ``failure pathway'') was
in very close proximity to the injection well, substantial pumping of a
drinking water well was occurring, and the local geology was typical of
the highly transmissive East Gulf Coast Region. The assumptions used in
deriving these results were based on conservative, upper-bound
estimates, therefore the cancer and non-cancer risks represent worst-
case estimates. Considering the limitations imposed by the failure
scenarios, and the documented low probability of Class I failures, the
overall risks from failure of Class I injection wells would be below
regulatory concern.
There also is a potential qualitative benefit to the no-migration
process for Class I nonhazardous wells. It is possible that the process
would uncover certain wells that cannot satisfy the no-migration
standard and indeed may not be suitable for Class I injection in any
case. This proved to be true for Class I hazardous wells. However,
notwithstanding this potential benefit, as noted in the early part of
this preamble, the Agency does not regard this regulatory effort as
deserving of the priority afforded it, due to the litigation-driven
schedule and the D.C. Circuit's mandate, and would not be undertaking
the effort at this time were it not for that mandate and schedule.
The economic analysis of LDR Phase III compliance costs suggests
that publicly traded companies probably will not be significantly
affected. The limited data available for privately-held companies
suggests, however, that they may face significant costs due to the
proportionally larger expenses they may face due to the LDR Phase III
rule.
C. Regulatory Flexibility Analysis
Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et
seq., when an agency publishes a notice of rulemaking, for a rule that
will have a significant effect on a substantial number of small
entities, the agency must prepare and make available for public comment
a regulatory flexibility analysis that considers the effect of the rule
on small entities (i.e.: small businesses, small organizations, and
small governmental jurisdictions). Under the Agency's Revised
Guidelines for Implementing The Regulatory Flexibility Act, dated May
4, 1992, the Agency committed to considering regulatory alternatives in
rulemakings when there were any economic impacts estimated on any small
entities. (See RCRA sections 3004 (d), (e), and (g)(5), which apply
uniformly to all hazardous wastes.) Previous guidance required
regulatory alternatives to be examined only when significant economic
effects were estimated on a substantial number of small entities.
In assessing the regulatory approach for dealing with small
entities in today's rule, for both surface disposal of wastes, the
Agency considered two factors. First, data on potentially affected
small entities are unavailable. Second, due to the statutory
requirements of the RCRA LDR program, no legal avenues exist for the
Agency to provide relief from the LDR's for small entities. The only
relief available for small entities is the existing small quantity
generator provisions and conditionally exempt small quantity generator
exemptions found in 40 CFR 262.11-12, and 261.5, respectively. These
exemptions basically prescribe 100 kilograms (kg) per calendar month
generation of hazardous waste as the limit below which one is exempted
from complying with the RCRA standards.
Given these two factors, the Agency was unable to frame a series of
small entity options from which to select the lowest cost approach;
rather, the Agency was legally bound to regulate the land disposal of
the hazardous wastes covered in today's rule without regard to the size
of the entity being regulated.
The Agency has, however, included an exemption covering injection
facilities where the decharacterized portion of the injectate is
minimal in absolute terms, as a percentage of the total injectate, and
in hazardous constituent mass loadings. This de minimis exemption
provides a measure of relief to both small and larger entities
satisfying its terms.
D. Paperwork Reduction Act
The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Four
Information Collection Request (ICR) documents have been prepared by
EPA, as follows. OSWER ICR No. 1442.12 would amend the existing ICR
approved under OMB Control No. 2050-0085. The additional information
requirements for the Underground Injection Control (UIC) Program were
submitted to OMB under ICR No. 0370.14; this will amend the existing
UIC approval under OMB Control No. 2040-0042. OSWER ICR No. 1442.12 and
UIC ICR No. 0370.14 have not been approved by OMB and the information
collection requirements in those ICRs are not enforceable until OMB
approves them. EPA will publish a document in the Federal Register when
OMB approves the information collection requirements. Until EPA
publishes a document displaying the valid OMB control number, persons
are not required to respond to collections of information in these two
ICRs. Two amendments to National Pollutant Discharge Elimination System
(NPDES) ICRs were approved at proposal. These are ICR 0229.10 for the
Discharge Monitoring Report, approved under OMB Control No. 2040-0004,
and ICR 0226.11 for NPDES Applications, approved under OMB Control No.
2040-0086.
Copies of these ICRs may be obtained from Sandy Farmer, OPPE
Regulatory Information Division; U.S. Environmental Protection Agency
(2136); 401 M St., S.W.; Washington, D.C. 20460 or by calling (202)
260-2740. Include the ICR numbers in any request. The information
requirements for the
[[Page 15596]]
OSWER ICR and the UIC ICR are not effective until OMB approves them.
The additional burden associated with the OSWER ICR 1442.12 is as
follows. The overall annual burden for the recordkeeping and reporting
requirements is 4,202 hours. It is expected that approximately 125
respondents will be affected, therefore, the annual recordkeeping and
reporting burden averages 33 hours per respondent. This time is
necessary to collect data, submit notifications and certifications to
waste treaters and disposers, and to maintain records of this
information. The annual cost burden for this rule is approximately
$177,045. Of this amount, it is estimated that facilities will incur
annual operation and maintainence capital costs of approximately
$8,375.
The additional burden associated with the UIC Program, explained in
ICR 0370.14, is as follows. The estimated annual reporting burden
averages 3845 hours per respondent (i.e., inclusive of incremental
reporting burdens associated with all affected Class I facilities and
Primacy States). The average incremental annual reporting and
recordkeeping burdens are about 4,442 hours per each affected Class I
nonhazardous facility and about 2,700 hours per each affected Class I
hazardous facility. For efforts associated with implementing the rule
amendments, the annual incremental State burden equals about 22 hours
for each Class I respondent.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection of techniques to the Director, OPPE Regulatory
Information Division; U.S. Environmental Protection Agency (2136); 401
M St., S.W.; Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, D.C. 20503, marked ``Attention: Desk Officer for
EPA.'' Include the ICR numbers in any correspondence.
X. Unfunded Mandates Reform Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a statement to
accompany any rule where the estimated costs to State, local, or tribal
governments in the aggregate, or to the private sector, will be $100
million or more in any one year. Under Section 205, EPA must select the
most cost-effective and least burdensome alternative that achieves the
objective of the rule and is consistent with statutory requirements.
Section 203 requires EPA to establish a plan for informing and advising
any small governments that may be significantly impacted by the rule.
EPA has completed an analysis of the costs and benefits from the
LDR Phase III rule and has determined that this rule does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either State, local or tribal governments in the aggregate. As
stated above, the private sector may incur costs exceeding $100 million
per year depending upon the option chosen in the final rulemaking. EPA
has fulfilled the requirement for analysis under the Unfunded Mandates
Reform Act, and results of this analysis have been included in the
background document ``Regulatory Impact Analysis of the Final Phase III
Land Disposal Restrictions Rule,'' which was placed in the docket for
today's rule.
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.
40 CFR Part 271
Administrative practice and procedure, Hazardous materials
transportation, Hazardous waste, Penalties, Reporting and recordkeeping
requirements.
40 CFR Part 403
Reporting and recordkeeping requirements, Waste treatment and
disposal, Water pollution control.
Dated: February 16, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS
1. The authority citation for part 148 continues to read as
follows:
Authority: Secs. 3004, Resource Conservation and Recovery Act,
42 U.S.C. 6901 et seq.
2. Section 148.1 is amended by revising paragraphs (a), (b) and (d)
to read as follows:
Sec. 148.1 Purpose, scope and applicability.
(a) This part identifies wastes that are restricted from disposal
into Class I wells and defines those circumstances under which a waste,
otherwise prohibited from injection, may be injected.
(b) The requirements of this part apply to owners or operators of
Class I hazardous waste injection wells used to inject hazardous waste;
and, owners or operators of Class I injection wells used to inject
wastes which once exhibited a prohibited characteristic of hazardous
waste identified in 40 CFR part 261, subpart C, at the point of
generation, and no longer exhibit the characteristic at the point of
injection.
* * * * *
(d) Wastes that are only hazardous because they display a
characteristic of ignitability, corrosivity, reactivity, or toxicity
that are otherwise prohibited, are not prohibited:
(1) If the wastes are disposed into a nonhazardous waste injection
well defined under 40 CFR 144.6(a); and
(2) Do not exhibit any prohibited characteristic of hazardous waste
identified in 40 CFR part 261, subpart C, and either:
(i) Do not contain any hazardous constituents identified in 40 CFR
268.48 at levels greater than the 40 CFR 268.48 Universal Treatment
Standard levels at the point of generation;
(ii) Are de minimis in volume and hazardous constituent
concentration levels, as defined in 40 CFR 268.1(e)(4)(ii).
(Recordkeeping requirements for this alternative are found at 40 CFR
268.9(d)(4).); or
(iii)(A) The facility removes an equivalent mass of hazardous
[[Page 15597]]
constituents as would be removed by treating the characteristic
hazardous wastestream pursuant to the treatment standards in 40 CFR
268.48. This mass reduction can come from:
(1) Treating nonhazardous portions of the injectate;
(2) Recycling before ultimate injection; or
(3) Engaging in pollution prevention practices (such as equipment
or technology modifications, substitution of raw materials, and
improvements in housekeeping, maintenance, training, or inventory
control).
(B) The compliance alternative in paragraph (d)(2)(iii)(A) of this
section is demonstrated by comparing the injected baseline (determined
by multiplying the volume/day of characteristically hazardous waste
generated and injected) times the concentration of hazardous
constituents before the treatment/recycling/pollution prevention
measure, with the mass allowance obtained by multiplying the volume/day
of a hazardous constituent generated and injected times the universal
treatment standard for that constituent. The baseline cannot include
practices initiated before the year 1990. (Recordkeeping requirements
for this alternative are found at 40 CFR 268.9(d)(3).)
3. Section 148.3 is revised to read as follows:
Sec. 148.3 Dilution prohibited as a substitute for treatment.
(a) The provisions of 40 CFR 268.3 shall apply to owners or
operators of Class I wells used to inject a waste which is hazardous at
the point of generation whether or not the waste is hazardous at the
point of injection.
(b) Owners or operators of Class I nonhazardous waste injection
wells which inject waste formerly exhibiting a hazardous characteristic
which has been removed by dilution, may address underlying hazardous
constituents by treating the hazardous waste, obtaining an exemption
pursuant to a petition filed under Sec. 148.20, or complying with the
provisions set forth in 40 CFR 268.9.
4. Section 148.4 is revised to read as follows:
Sec. 148.4 Procedures for case-by-case extensions to an effective
date.
The owner or operator of a Class I hazardous or nonhazardous waste
injection well may submit an application to the Administrator for an
extension of the effective date of any applicable prohibition
established under subpart B of this part according to the procedures of
40 CFR 268.5.
5. Section 148.18 is added to subpart B to read as follows:
Sec. 148.18 Waste specific prohibitions--Newly Identified Wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous waste numbers K156-K161, P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-
U379, U381-387, U389-U396, U400-U404, U407, and U409-U411 are
prohibited from underground injection.
(b) On January 8, 1997, the wastes specified in 40 CFR 261.32 as
EPA Hazardous waste number K088 is prohibited from underground
injection.
(c) On April 8, 1998, the wastes specified in 40 CFR part 261 as
EPA Hazardous waste numbers D018-043, and Mixed TC/Radioactive wastes,
are prohibited from underground injection.
(d) On April 8, 1998, the wastes specified in 40 CFR part 261 as
EPA Hazardous waste numbers D001-D003 are prohibited from underground
injection.
6. Section 148.20 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 148.20 Petitions to allow injection of a waste prohibited under
subpart B.
(a) Any person seeking an exemption from a prohibition under
subpart B of this part for the injection of a restricted hazardous
waste, including a hazardous waste exhibiting a characteristic and
containing underlying hazardous constituents at the point of
generation, but no longer exhibiting a characteristic when injected
into a Class I injection well or wells, shall submit a petition to the
Director demonstrating that, to a reasonable degree of certainty, there
will be no migration of hazardous constituents from the injection zone
for as long as the waste remains hazardous. This demonstration requires
a showing that:
* * * * *
PART 268--LAND DISPOSAL RESTRICTIONS
7. 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
8. Section 268.1 is amended in paragraph (e)(3) by removing the
period at the end of the paragraph and adding ``; or'' in its place, by
revising paragraph (e)(4) and by removing paragraph (e)(5) to read as
follows:
Sec. 268.1 Purpose, scope and applicability.
* * * * *
(e) * * *
(4) De minimis losses of characteristic wastes to wastewaters are
not considered to be prohibited wastes and are defined as:
(i) Losses from normal material handling operations (e.g. spills
from the unloading or transfer of materials from bins or other
containers, leaks from pipes, valves or other devices used to transfer
materials); minor leaks of process equipment, storage tanks or
containers; leaks from well-maintained pump packings and seals; sample
purgings; and relief device discharges; discharges from safety showers
and rinsing and cleaning of personal safety equipment; rinsate from
empty containers or from containers that are rendered empty by that
rinsing; and laboratory wastes not exceeding one per cent of the total
flow of wastewater into the facility's headworks on an annual basis, or
with a combined annualized average concentration not exceeding one part
per million in the headworks of the facility's wastewater treatment or
pretreatment facility; or
(ii) Decharacterized wastes which are injected into Class I
nonhazardous wells which wastes combined volume is less than one per
cent of the total flow at the wellhead on an annualized basis, is no
greater than 10,000 gallons per day, and in which any underlying
hazardous constituents in the characteristic wastes are present at the
point of generation at levels less than ten times the treatment
standards found at Sec. 268.48.
* * * * *
9. Section 268.2 is amended by revising paragraphs (f) and (i), and
by adding paragraphs (j), (k), and (l) to read as follows:
Sec. 268.2 Definitions applicable in this part.
* * * * *
(f) Wastewaters are wastes that contain less than 1% by weight
total organic carbon (TOC) and less than 1% by weight total suspended
solids (TSS).
* * * * *
(i) Underlying hazardous constituent means any constituent listed
in Sec. 268.48, Table UTS--Universal Treatment Standards, except
fluoride, 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 constituent-specific UTS treatment standards.
(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 Sec. 268.3(b)(1), and is specifically listed in
appendix XI of this part.
[[Page 15598]]
(k) End-of-pipe refers to the point where effluent is discharged to
the environment.
(l) Stormwater impoundments are surface impoundments which receive
wet weather flow, and only receive process waste during wet weather
events.
10. Section 268.3 is revised to read as follows:
Sec. 268.3 Dilution prohibited as a substitute for treatment.
(a) No generator, transporter, handler, or owner or operator of a
treatment, storage, or disposal facility shall in any way dilute a
restricted waste or the residual from treatment of a restricted waste
as a substitute for adequate treatment to achieve compliance with
subpart D of this part, to circumvent the effective date of a
prohibition in subpart C of this part, to otherwise avoid a prohibition
in subpart C of this part, or to circumvent a land disposal prohibition
imposed by RCRA section 3004.
(b) Dilution of wastes that are hazardous only because they exhibit
a hazardous characteristic in a treatment system which treats 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
treats wastes for the purposes of pretreatment requirements under
section 307 of the CWA, or zero discharge systems with wastewater
treatment equivalent to these systems, is not impermissible dilution,
so long as the Sec. 268.48 universal treatment standards are met at the
point of discharge, or at a prior point of compliance specified under a
CWA permit, for all underlying hazardous constituents reasonably
expected to be present at the point of generation of the hazardous
waste.
(c) Combustion of the hazardous waste codes listed in Appendix XI
of this part is prohibited, unless the waste, at the point of
generation, or after any bona fide treatment such as cyanide
destruction prior to combustion, can be demonstrated to comply with one
or more of the following criteria (unless otherwise specifically
prohibited from combustion):
(1) the waste contains hazardous organic constituents or cyanide at
levels exceeding the constituent-specific treatment standard found in
Sec. 268.48;
(2) The waste consists of organic, debris-like materials (e.g.,
wood, paper, plastic, or cloth) contaminated with an inorganic metal-
bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value
such as greater than or equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a
required method of treatment;
(5) The waste is subject to Federal and/or State requirements
necessitating reduction of organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
11. Section 268.7 is amended by revising the last sentence of
paragraph (a) introductory text, paragraphs (a)(1)(ii), (a)(2)(i)(B),
(a)(3)(ii), (b)(4)(ii), (b)(5)(iv), by removing ``268.45';'' at the end
of paragraph (a)(1)(iv) and adding ``268.45'; and'' in its place, by
removing ``; and,'' at the end of paragraph (a)(1)(v) and adding a
period in its place, by removing paragraph (a)(1)(vi), and by adding
paragraph (b)(5)(v) to read as follows:
Sec. 268.7 Waste analysis and recordkeeping.
(a) * * * If the generator determines that his waste exhibits the
characteristic of ignitability (D001) (and is not in the High TOC
Ignitable Liquids Subcategory or is not treated by CMBST or RORGS of
Sec. 268.42, Table 1), and/or the characteristic of corrosivity (D002),
and/or reactivity (D003), and/or the characteristic of organic toxicity
(D012-D043), and is prohibited under Sec. 268.37, Sec. 268.38, and
Sec. 268.39, the generator must determine the underlying hazardous
constituents (as defined in Sec. 268.2, in the D001, D002, D003, or
D012-D043 wastes.
(1) * * *
(ii) The waste constituents that the treater will monitor, if
monitoring will not include all regulated constituents, for wastes
F001-F005, F039, D001, D002, D003, and D012-D043. Generators must also
include whether the waste is a nonwastewater or wastewater (as defined
in Sec. 268.2 (d) and (f), and indicate the subcategory of the waste
(such as ``D003 reactive cyanide''), if applicable;
* * * * *
(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, D003, and D012-D043. Generators must also
include whether the waste is a nonwastewater or wastewater (as defined
in Sec. 268.2(d) and (f)) and indicate the subcategory of the waste
(such as ``D003 reactive cyanide''), if applicable;
* * * * *
(3) * * *
(ii) The waste constituents that the treater will monitor, if
monitoring will not include all regulated constituents, for wastes
F001-F005, F039, D001, D002, D003, and D012-D043. Generators must also
include whether the waste is a nonwastewater or wastewater (as defined
in Sec. 268.2(d) and (f)), and indicate the subcategory of the waste
(such as ``D003 reactive cyanide''), if applicable;
* * * * *
(b) * * *
(4) * * *
(ii) The waste constituents to be monitored, if monitoring will not
include all regulated constituents, for wastes F001-F005, F039, D001,
D002, D003, and D012-D043. Generators must also include whether the
waste is a nonwastewater or wastewater (as defined in Sec. 268.2(d) and
(f), and indicate the subcategory of the waste (such as D003 reactive
cyanide), if applicable;
* * * * *
(5) * * *
(iv) For characteristic wastes D001, D002, D003, and D012-D043 that
are: subject to the treatment standards in Sec. 268.40 (other than
those expressed as a required method of treatment); that are reasonably
expected to contain underlying hazardous constituents as defined in
Sec. 268.2(i); are treated on-site to remove the hazardous
characteristic; and are then sent off-site for treatment of underlying
hazardous constituents, the certification must state the following:
I certify under penalty of law that the waste has been treated
in accordance with the requirements of 40 CFR 268.40 to remove the
hazardous characteristic. This decharacterized waste contains
underlying hazardous constituents that require further treatment to
meet universal treatment standards. I am aware that there are
significant penalties for submitting a false certification,
including the possibility of fine and imprisonment.
(v) For characteristic wastes D001, D002, D003 and D012-D043 that
contain underlying hazardous constituents as defined in Sec. 268.2(i)
that are treated on-site to remove the hazardous characteristic and to
treat underlying hazardous constituents to levels in Sec. 268.48
Universal Treatment Standards, the certification must state the
following:
I certify under penalty of law that the waste has been treated
in accordance with the requirements of 40 CFR 268.40 to remove the
hazardous characteristic, and that underlying hazardous
constituents, as defined in Sec. 268.2, have been treated on-site to
meet the Sec. 268.48 Universal Treatment Standards. I am aware that
there are
[[Page 15599]]
significant penalties for submitting a false certification,
including the possibility of fine and imprisonment.
* * * * *
Sec. 268.8 [Removed and reserved]
12. Section 268.8 is removed and reserved.
13. Section 268.9 is amended by revising paragraphs (a), (d)
introductory text, (d)(1)(i), and (d)(1)(ii), and by adding paragraphs
(d)(3), (e), (f), and (g) to read as follows:
Sec. 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 this part 268, the waste will carry the waste
code for any applicable listing under 40 CFR part 261, subpart D. In
addition, the waste will carry one or more of the waste codes under 40
CFR part 261, subpart C, where the waste exhibits a characteristic,
except in the case when the treatment standard for the waste code
listed in 40 CFR part 261, subpart D operates in lieu of the standard
for the waste code under 40 CFR part 261, subpart C, as specified in
paragraph (b) of this section. If the generator determines that his
waste displays a hazardous characteristic (and the waste is not a
D004--D011 waste, a High TOC D001, or is not treated by CMBST, or RORGS
of Sec. 268.42, Table 1), the generator must determine what underlying
hazardous constituents (as defined in Sec. 268.2), are reasonably
expected to be present above the universal treatment standards found in
Sec. 268.48.
* * * * *
(d) Wastes that exhibit a characteristic are also subject to
Sec. 268.7 requirements, except that once the waste is no longer
hazardous, a one-time notification and certification must be placed in
the generators or treaters files and sent to the EPA region or
authorized state, except for those facilities discussed in paragraph
(f) of this section. The notification and certification that is placed
in the generators or treaters files must be updated if the process or
operation generating the waste changes and/or if the Subtitle D
facility receiving the waste changes. However, the generator or treater
need only notify the EPA region or an authorized state on an annual
basis if such changes occur. Such notification and certification should
be sent to the EPA region or authorized state by the end of the
calendar year, but no later than December 31.
(1) * * *
(i) For characteristic wastes other than those managed on site in a
wastewater treatment system subject to the Clean Water Act (CWA), zero-
dischargers engaged in CWA-equivalent treatment, or Class I
nonhazardous injection wells, the name and address of the Subtitle D
facility receiving the waste shipment; and
(ii) For all characteristic wastes, a description of the waste as
initially generated, including the applicable EPA Hazardous Waste
Number(s), treatability group(s), and underlying hazardous
constituents.
* * * * *
(3) For characteristic wastes whose ultimate disposal will be into
a Class I nonhazardous injection well, and compliance with the
treatment standards found in Sec. 268.48 for underlying hazardous
constituents is achieved through pollution prevention that meets the
criteria set out at 40 CFR 148.1(d), the following information must
also be included:
(i) A description of the pollution prevention mechanism and when it
was implemented if already complete;
(ii) The mass of each underlying hazardous constituent before
pollution prevention;
(iii) The mass of each underlying hazardous constituent that must
be removed, adjusted to reflect variations in mass due to normal
operating conditions; and
(iv) The mass reduction of each underlying hazardous constituent
that is achieved.
(e) For decharacterized wastes managed on-site in a wastewater
treatment system subject to the Clean Water Act (CWA) or zero-
dischargers engaged in CWA-equivalent treatment, compliance with the
treatment standards found at Sec. 268.48 must be monitored quarterly,
unless the treatment is aggressive biological treatment, in which case
compliance must be monitored annually. Monitoring results must be kept
in on-site files for 5 years.
(f) For decharacterized wastes managed on-site in a wastewater
treatment system subject to the Clean Water Act (CWA) for which all
underlying hazardous constituents (as defined in Sec. 268.2), are
addressed by a CWA permit, this compliance must be documented and this
documentation must be kept in on-site files.
(g) For characteristic wastes whose ultimate disposal will be into
a Class I nonhazardous injection well which qualifies for the de
minimis exclusion described in Sec. 268.1, information supporting that
qualification must be kept in on-site files.
Secs. 268.10-268.12 [Removed and Reserved]
14. Sections 268.10 through 268.12 are removed and reserved.
15. Section 268.39 is added to subpart C to read as follows:
Sec. 268.39 Waste specific prohibitions--End-of-pipe CWA, CWA-
equivalent, and Class I nonhazardous injection well treatment
standards; spent aluminum potliners; and carbamate wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous Waste numbers K156-K161; and in 40 CFR 261.33 as EPA
Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199,
P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-
U387, U389-U396, U400-U404, U407, and U409-U411 are prohibited from
land disposal. In addition, soil and debris contaminated with these
wastes are prohibited from land disposal.
(b) On July 8, 1996 the wastes identified in 40 CFR 261.23 as D003
that are managed in systems other than those whose discharge is
regulated under the Clean Water Act (CWA), or that inject in Class I
deep wells regulated under the Safe Drinking Water Act (SDWA), or that
are zero dischargers that engage in CWA-equivalent treatment before
ultimate land disposal, are prohibited from land disposal. This
prohibition does not apply to unexploded ordnance and other explosive
devices which have been the subject of an emergency response (such D003
wastes are prohibited unless they meet the treatment standard of DEACT
before land disposal (see Sec. 268.40)).
(c) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous Waste number K088 are prohibited from land disposal. In
addition, soil and debris contaminated with these wastes are prohibited
from land disposal.
(d) On April 8, 1998, decharacterized wastes managed in surface
impoundments whose discharge is regulated under the Clean Water Act
(CWA), or decharacterized wastes managed by zero dischargers in surface
impoundments or tanks that engage in CWA-equivalent treatment before
ultimate land disposal are prohibited from land disposal. The following
are exceptions to this requirement:
(1) Surface impoundments which are permitted under subtitle C of
RCRA;
(2) Storm water impoundments as defined in Sec. 268.2;
[[Page 15600]]
(3) Surface impoundments which are part of facilities in the pulp,
paper, and paperboard industrial category.
(e) On April 8, 1998, Radioactive wastes mixed with K088, K156-
K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271,
U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396,
U400-U404, and U407, U409-U411 are also prohibited from land disposal.
In addition, soil and debris contaminated with these radioactive mixed
wastes are prohibited from land disposal.
(f) Between July 8, 1996 and April 8, 1998, the wastes included in
paragraphs (a), (b), (c), and (e) of this section may be disposed in a
landfill or surface impoundment, only if such unit is in compliance
with the requirements specified in Sec. 268.5(h)(2).
(g) The requirements of paragraphs (a), (b), (c), (d), and (e) of
this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in
Subpart D of this part;
(2) Persons have been granted an exemption from a prohibition
pursuant to a petition under Sec. 268.6, with respect to those wastes
and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards
established pursuant to a petition granted under Sec. 268.44;
(4) Persons have been granted an extension to the effective date of
a prohibition pursuant to Sec. 268.5, with respect to these wastes
covered by the extension.
(h) To determine whether a hazardous waste identified in this
section exceeds the applicable treatment standards specified in
Sec. 268.40, the initial generator must test a sample of the waste
extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the
waste, or the generator may use knowledge of the waste. If the waste
contains constituents in excess of the applicable Subpart D levels, the
waste is prohibited from land disposal, and all requirements of this
part 268 are applicable, except as otherwise specified.
16. Section 268.40 is amended by revising paragraph (e) and the
table at the end of Sec. 268.40 to read as follows:
Sec. 268.40 Applicability of treatment standards.
* * * * *
(e) For characteristic wastes (D001-D043) that are subject to
treatment standards in the following table ``Treatment Standards for
Hazardous Wastes,'' all underlying hazardous constituents (as defined
in Sec. 268.2(i)) must meet Universal Treatment Standards, found in
Sec. 268.48, ``Table UTS,'' prior to land disposal.
(1) When these wastes are managed in wastewater treatment systems
regulated by the Clean Water Act (CWA), compliance with the treatment
standards must be achieved no later than ``end-of-pipe'' as defined in
Sec. 268.2(k); or
(2) When these wastes are managed in CWA-equivalent treatment
systems and tank-based systems that discharge onto the land, compliance
with the treatment standards must be achieved no later than the point
the wastewater is released to the land (e.g., spray irrigation,
discharge to dry river beds, placed into evaporation ponds); or
(3) When these wastes are managed in Class I nonhazardous injection
wells, compliance with the treatment standards must be achieved no
later than the well head; or
(4) For all other, compliance with the treatment standard must be
met prior to land disposal as defined in Sec. 268.2(c).
* * * * *
Treatment Standards for Hazardous Wastes
* * * * *
[[Page 15601]]
Treatment Standards for Hazardous Wastes
(Note: NA means not applicable.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Regulated hazardous constituent Wastewaters Nonwastewaters
--------------------------------------------------------------------------------------
Concentration in
Waste code Waste description and treatment/ Concentration in mg/kg \5\ unless
regulatory subcategory\1\ Common name CAS \2\ No. mg/l \3\; or noted as ``mg/l
technology code TCLP''; or
\4\ technology code
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D001.......................................................... Ignitable Characteristic Wastes, except NA............................. NA DEACT and meet DEACT and meet
for the Sec. 261.21(a)(1) High TOC Sec. 268.48 Sec. 268.48
Subcategory. standards; or standards; or
RORGS; or CMBST RORGS; or CMBST
\8\ \8\
High TOC Ignitable Characteristic Liquids NA............................. NA NA RORGS; or CMBST
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).
D002.......................................................... Corrosive Characteristic Wastes.......... NA............................. NA DEACT DEACT and meet
and meet Sec. Sec. 268.48
268.48 standards standards \8\
\8\
D002, D004, D005, D006, D007, D008, D009, D010, D011.......... Radioactive high level wastes generated Corrosivity (pH)............... NA NA HLVIT
during the reprocessing of fuel rods.
(Note: This subcategory consists of
nonwastewaters only).
Arsenic........................ 7440-38-2 NA HLVIT
Barium......................... 7440-39-3 NA HLVIT
Cadmium........................ 7440-43-9 NA HLVIT
Chromium (Total)............... 7440-47-3 NA HLVIT
Lead........................... 7439-92-1 NA HLVIT
Mercury........................ 7439-97-6 NA HLVIT
Selenium....................... 7782-49-2 NA HLVIT
Silver......................... 7440-22-4 NA HLVIT
D003.......................................................... Reactive Sulfides Subcategory based on NA............................. NA DEACT DEACT
261.23(a)(5). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
Explosives Subcategory based on 261.23(a) NA............................. NA DEACT DEACT
(6), (7) and (8). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
Unexploded ordnance and other explosive NA............................. NA DEACT DEACT
devices which have been the subject of
an emergency response.
Other Reactives Subcategory based on NA............................. NA DEACT DEACT
261.23(a)(1). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
\8\ \8\
Water Reactive Subcategory based on NA............................. NA NA DEACT
261.23(a) (2), (3), and (4). (Note: This and meet Sec.
subcategory consists of nonwastewaters 268.48 standards
only). \8\
Reactive Cyanides Subcategory based on Cyanides (Total) \7\........... 57-12-5 Reserved 590
261.23(a)(5).
Cyanides (Amendable) \7\....... 57-12-5 0.86 30
D004.......................................................... Wastes that exhibit, or are expected to Arsenic........................ 7440-38-2 5.0 5.0 mg/l EP
exhibit, the characteristic of toxicity
for arsenic based on the extraction
procedure (EP) in SW846 Methods 1310.
[[Page 15602]]
Arsenic; alternate \6\ standard 7440-38-2 NA 5.0 mg/l TCLP
for nonwastewaters only.
D005.......................................................... Wastes that exhibit, or are expected to Barium......................... 7440-39-3 100 100 mg/l TCLP
exhibit, the characteristic of toxicity
for barium based on the extraction
procedure (EP) in SW846 Method 1310.
D006.......................................................... Wastes that exhibit, or are expected to Cadmium........................ 7440-43-9 1.0 1.0 mg/l TCLP
exhibit, the characteristic of toxicity
for cadmium based on the extraction
procedure (EP) in SW846 Method 1310.
Cadmium Containing Batteries Subcategory. Cadmium........................ 7440-43-9 NA RTHRM
(Note: This subcategory consists of
nonwastewaters only).
D007.......................................................... Wastes that exhibit, or are expected to Chromium (Total)............... 7440-47-3 5.0 5.0 mg/l TCLP
exhibit, the characteristic of toxicity
for chromium based on the extraction
procedure (EP) in SW846 Method 1310.
D008.......................................................... Wastes that exhibit, or are expected to Lead........................... 7439-92-1 5.0 5.0 mg/l EP
exhibit, the characteristic of toxicity
for lead based on the extraction
procedure (EP) in SW846 Method 1310.
Lead; alternate \6\ standard 7439-92-1 NA 5.0 mg/l TCLP
for nonwastewaters only.
Lead Acid Batteries Subcategory (Note: Lead........................... 7439-92-1 NA RLEAD
This standard only applies to lead acid
batteries that are identified as RCRA
hazardous wastes and that are not
excluded elsewhere from regulation under
the land disposal restrictions of 40 CFR
268 or exempted under other EPA
regulations (see 40 CFR 266.80). This
subcategory consists of nonwastewaters
only.).
Radioactive Lead Solids Subcategory Lead........................... 7439-92-1 NA MACRO
(Note: these lead solids include, but
are not limited to, all forms of lead
shielding and other elemental forms of
lead. These lead solids do not include
treatment residuals such as hydroxide
sludges, other wastewater treatment
residuals, or incinerator ashes that can
undergo conventional pozzolanic
stabilization, nor do they include
organo-lead materials that can be
incinerated and stabilized as ash. This
subcategory consists of nonwastewaters
only).
[[Page 15603]]
D009.......................................................... Nonwastewaters that exhibit, or are Mercury........................ 7439-97-6 NA IMERC; OR RMERC
expected to exhibit, the characteristic
of toxicity for mercury based on the
extraction procedure (EP) in SW846
Method 1310; and contain greater than or
equal to 260 mg/kg total mercury that
also contain organics and are not
incinerator residues. (High Mercury-
Organic Subcategory.).
Nonwastewaters that exhibit, or are Mercury........................ 7439-97-6 NA RMERC
expected to exhibit, the characteristic
of toxicity for mercury based on the
extraction procedure (EP) in SW846
Method 1310; and contain greater than or
equal to 260 mg/kg total mercury that
are inorganic, including incinerator
residues and residues from RMERC. (High
Mercury-Inorganic Subcategory.).
Nonwastewaters that exhibit, or are Mercury........................ 7439-97-6 NA 0.20 mg/l TCLP
expected to exhibit, the characteristic
of toxicity for mercury based on the
extraction procedure (EP) in SW846
Method 1310; and contain less than 260
mg/kg total mercury. (Low Mercury
Subcategory.).
All D009 wastewaters..................... Mercury........................ 7439-97-6 0.20 NA
Elemental mercury contaminated with Mercury........................ 7439-97-6 NA AMLGM
radioactive materials. (Note: This
subcategory consists of nonwastewaters
only.).
Hydraulic oil contaminated with Mercury Mercury........................ 7439-97-6 NA IMERC
Radioactive Materials Subcategory.
(Note: This subcategory consists of
nonwastewaters only.).
D010.......................................................... Wastes that exhibit, or are expected to Selenium....................... 7782-49-2 1.0 5.7 mg/l TCLP
exhibit, the characteristic of toxicity
for selenium based on the extraction
procedure (EP) in SW846 Method 1310.
D011.......................................................... Wastes that exhibit, or are expected to Silver......................... 7440-22-4 5.0 5.0 mg/l TCLP
exhibit, the characteristic of toxicity
for silver based on the extraction
procedure (EP) in SW846 Method 1310.
D012.......................................................... Wastes that are TC for Endrin based on Endrin......................... 72-20-8 BIODG; or CMBST 0.13
the TCLP in SW846 Method 1311. \8\ and meet Sec.
268.48 standards
\8\
Endrin aldehyde................ 7421-93-4 BIODG; or CMBST 0.13
\8\ and meet Sec.
268.48 standards
\8\
D013.......................................................... Wastes that are TC for Lindane based on alpha-BHC...................... 319-84-6 CARBN; or CMBST0.066
the TCLP in SW846 Method 1311.). \8\ and meet Sec.
268.48 standards
\8\
beta-BHC....................... 319-85-7 CARBN; or CMBST0.066
\8\ and meet Sec.
268.48 standards
\8\
delta-BHC...................... 319-86-8 CARBN; or CMBST0.066
\8\ and meet Sec.
268.48 standards
\8\
gamma-BHC (Lindane)............ 58-89-9 CARBN; or CMBST0.066
\8\ and meet Sec.
268.48 standards
\8\
D014.......................................................... Wastes that are TC for Methoxychlor based Methoxychlor................... 72-43-5 WETOX or CMBST \8\ 0.18
on the TCLP in SW846 Method 1311. and meet Sec.
268.48 standards
\8\
[[Page 15604]]
D015.......................................................... Wastes that are TC for Toxaphene based on Toxaphene...................... 8001-35-2 BIODG or CMBST \8\ 2.6
the TCLP in SW846 Method 1311. and meet Sec.
268.48 standards
\8\
D016.......................................................... Wastes that are TC for 2,4-D (2,4- 2,4-D (2,4- 94-75-7 CHOXD, BIODG, or 10
Dichlorophenoxyacetic acid) based on the Dichlorophenoxyacetic acid). CMBST \and meet Sec.
TCLP in SW846 Method 1311. 268.48 standards
\8\
D017.......................................................... Wastes that are TC for 2,4,5-TP (Silvex) 2,4,5-TP (Silvex).............. 93-72-1 CHOXD or CMBST \87.9
based on the TCLP in SW846 Method 1311. and meet Sec.
268.48 standards
\8\
D018.......................................................... Wastes that are TC for Benzene based on Benzene........................ 71-43-2 0.14 10
the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D019.......................................................... Wastes that are TC for Carbon Carbon tetrachloride........... 56-23-5 0.057 6.0
tetrachloride based on the TCLP in SW846 and meet Sec. and meet Sec.
Method 1311. 268.48 standards 268.48 standards
\8\ \8\
D020.......................................................... Wastes that are TC for Chlordane based on Chlordane (alpha and gamma 57-74-9 0.0033 0.26
the TCLP in SW846 Method 1311. isomers). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D021.......................................................... Wastes that are TC for Chlorobenzene Chlorobenzene.................. 108-90-7 0.057 6.0
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D022.......................................................... Wastes that are TC for Chloroform based Chloroform..................... 67-66-3 0.046 6.0
on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D023.......................................................... Wastes that are TC for o-Cresol based on o-Cresol....................... 95-48-7 0.11 5.6
the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D024.......................................................... Wastes that are TC for m-Cresol based on m-Cresol (difficult to 108-39-4 0.77 5.6
the TCLP in SW846 Method 1311. distinguish from p-cresol). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D025.......................................................... Wastes that are TC for p-Cresol based on p-Cresol (difficult to 106-44-5 0.77 5.6
the TCLP in SW846 Method 1311. distinguish from m-cresol). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D026.......................................................... Wastes that are TC for Cresols (Total) Cresol-mixed isomers (Cresylic 1319-77-3 0.88 11.2
based on the TCLP in SW846 Method 1311. acid)(sum of o-, m-, and p- and meet Sec. and meet Sec.
cresol concentrations). 268.48 standards 268.48 standards
\8\ \8\
D027.......................................................... Wastes that are TC for p-Dichlorobenzene p-Dichlorobenzene (1,4- 106-46-7 0.090 6.0
based on the TCLP in SW846 Method 1311. Dichlorobenzene). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D028.......................................................... Wastes that are TC for 1,2-Dichloroethane 1,2-Dichloroethane............. 107-06-2 0.21 6.0
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D029.......................................................... Wastes that are TC for 1,1- 1,1-Dichloroethylene........... 75-35-4 0.025 6.0
Dichloroethylene based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311. 268.48 standards 268.48 standards
\8\ \8\
[[Page 15605]]
D030.......................................................... Wastes that are TC for 2,4-Dinitrotoluene 2,4-Dinitrotoluene............. 121-14-2 0.32 140
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D031.......................................................... Wastes that are TC for Heptachlor based Heptachlor..................... 76-44-8 0.0012 0.066
on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
Heptachlor epoxide............. 1024-57-3 0.016 0.066
and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D032.......................................................... Wastes that are TC for Hexachlorobenzene Hexachlorobenzene.............. 118-74-1 0.055 10
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D033.......................................................... Wastes that are TC for Hexachlorobutadiene............ 87-68-3 0.055 5.6
Hexachlorobutadiene based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311. 268.48 standards 268.48 standards
\8\ \8\
D034.......................................................... Wastes that are TC for Hexachloroethane Hexachloroethane............... 67-72-1 0.055 30
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D035.......................................................... Wastes that are TC for Methyl ethyl Methyl ethyl ketone............ 78-93-3 0.28 36
ketone based on the TCLP in SW846 Method and meet Sec. and meet Sec.
1311. 268.48 standards 268.48 standards
\8\ \8\
D036.......................................................... Wastes that are TC for Nitrobenzene based Nitrobenzene................... 98-95-3 0.068 14
on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D037.......................................................... Wastes that are TC for Pentachlorophenol Pentachlorophenol.............. 87-86-5 0.089 7.4
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D038.......................................................... Wastes that are TC for Pyridine based on Pyridine....................... 110-86-1 0.014 16
the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D039.......................................................... Wastes that are TC for Tetrachloroethylene............ 127-18-4 0.056 6.0
Tetrachloroethylene based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311. 268.48 standards 268.48 standards
\8\ \8\
D040.......................................................... Wastes that are TC for Trichloroethylene Trichloroethylene.............. 79-01-6 0.054 6.0
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
D041.......................................................... Wastes that are TC for 2,4,5- 2,4,5-Trichlorophenol.......... 95-95-4 0.18 7.4
Trichlorophenol based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311. 268.48 standards 268.48 standards
\8\ \8\
D042.......................................................... Wastes that are TC for 2,4,6- 2,4,6-Trichlorophenol.......... 88-06-2 0.035 7.4
Trichlorophenol based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311. 268.48 standards 268.48 standards
\8\ \8\
D043.......................................................... Wastes that are TC for Vinyl chloride Vinyl chloride................. 75-01-4 0.27 6.0
based on the TCLP in SW846 Method 1311. and meet Sec. and meet Sec.
268.48 standards 268.48 standards
\8\ \8\
[[Page 15606]]
F001, F002, F003, F004, & F005................................ F001, F002, F003, F004, and/or F005 Acetone........................ 67-64-1 0.28 160
solvent wastes that contain any
combination of one or more of the
following spent solvents: acetone,
benzene, n-butyl alcohol, carbon
disulfide, carbon tetrachloride,
chlorinated fluorocarbons,
chlorobenzene, o-cresol, m-cresol, p-
cresol, cyclohexanone, o-
dichlorobenzene, 2-ethoxyethanol, ethyl
acetate, ethyl benzene, ethyl ether,
isobutyl alcohol, methanol, methylene
chloride, methyl ethyl ketone, methyl
isobutyl ketone, nitrobenzene, 2-
nitropropane, pyridine,
tetrachloroethylene, toluene, 1,1,1-
trichloroethane, 1,1,2-trichloroethane,
1,1,2-trichloro-1,2,2-trifluorethane,
trichloroethane,
trichloromonofluouromethane, and/or
xylenes [except as specifically noted in
other subcategories]. See further
details of these listings in Sec.
261.31.
Benzene........................ 71-42-2 0.14 10
n-Butyl alcohol................ 71-36-3 5.6 2.6
Carbon disulfide............... 75-15-0 3.8 NA
Carbon tetrachloride........... 56-23-5 0.057 6.0
Chlorobenzene.................. 108-90-7 0.057 6.0
o-Cresol....................... 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from p-cresol).
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from m-cresol).
Cresol-mixed isomers (Cresylic 1319-77-3 0.88 11.2
acid) (sum of o-, m-, and p-
cresol concentrations.
Cyclohexanone.................. 108-94-1 0.36 NA
o-Dichlorobenzene.............. 95-50-1 0.088 6.0
Ethyl acetate.................. 141-78-6 0.34 33
Ethyl benzene.................. 100-41-4 0.057 10
Ethyl ether.................... 60-29-7 0.12 160
Isobutyl alcohol............... 78-83-1 5.6 170
Methanol....................... 67-56-1 5.6 NA
Methylene chloride............. 75-9-2 0.089 30
Methyl ethyl ketone............ 78-93-3 0.28 36
Methyl isobutyl ketone......... 108-10-1 0.14 33
Nitrobenzene................... 98-95-3 0.068 14
Pyridine....................... 110-86-1 0.014 16
Tetrachloroethylene............ 127-18-4 0.056 6.0
Toluene........................ 108-88-3 0.080 10
1,1,1-Trichlorethane........... 71-55-6 0.054 6.0
1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
[[Page 15607]]
1,1,2-Trichloro-1,2,2- 76-13-1 0.057 30
trifluoroethane.
Trichloroethylene.............. 79-01-6 0.054 6.0
Trichloromonofluoromethane..... 75-69-4 0.020 30
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations.
F003 and/or F005 solvent wastes that Carbon disulfide............... 75-15-0 3.8 4.8 mg/1 TCLP
contain any combination of one or more
of the following three solvents as the
only listed F001-5 solvents: carbon
disulfide, cyclohexanone, and/or
methanol. (formerly 268.41(c)).
Cyclohexanone.................. 108-94-1 0.36 0.75 mg/l TCLP
Methanol....................... 67-56-1 5.6 0.75 mg/l TCLP
F005 solvent waste containing 2- 2-Nitropropane................. 79-46-9 (WETOX or CHOXD) CMBST
Nitropropane as the only listed F001-5 fb CARBN; or CMBST
solvent..
F005 solvent waste containing 2-- 2-Ethoxyethanol................ 110-80-5 BIODG; or CMBST CMBST
Ethoxyethanol as the only listed F001-5
solvent..
F006.......................................................... Wastewater treatment sludges from Cadmium........................ 7440-43-9 0.69 0.19 mg/l TCLP
electroplating operations except from Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
the following processes: (1) Sulfuric Cyanides (Total) \7\........... 57-12-5 1.2 590
acid anodizing of aluminum; (2) tin Cyanides (Amendable) \7\....... 57-12-5 0.86 30
plating on carbon steel; (3) zinc Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
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 carbon steel; and
(6) chemical etching and milling of
aluminum..
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Silver......................... 7440-22-4 0.43 0.30 mg/l TCLP
F007.......................................................... Spent cyanide plating bath solutions from Cadmium........................ 7440-43-9 0.69 0.19 mg/1 TCLP
electroplating operations.
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Silver......................... 7440-22-4 NA 0.30 mg/l TCLP
F008.......................................................... Plating bath residues from the bottom of Cadmium........................ 7440-43-9 NA 0.19 mg/l TCLP
plating baths from electroplating
operations where cyanides are used in
the process.
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Silver......................... 7440-22-4 NA 0.30 mg/l TCLP
F009.......................................................... Spent stripping and cleaning bath Cadmium........................ 7440-43-9 NA 0.19 mg/l TCLP
solutions from electroplating operations
where cyanides are used in the process.
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Silver......................... 7440-22-4 NA 0.30 mg/l TCLP
[[Page 15608]]
F010.......................................................... Quenching bath residues from oil baths Cyanides (Total) \7\........... 57-12-5 1.2 590
from metal heat treating operations
where cyanides are used in the process.
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
F011.......................................................... Spent cyanide solutions from salt bath Cadmium........................ 7440-43-9 NA 0.19 mg/l TCLP
pot cleaning from metal heat treating
operations.
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Silver......................... 7440-22-4 NA 0.30 mg/l TCLP
F012.......................................................... Quenching wastewater treatment sludges Cadmium........................ 7440-43-9 NA 0.19 mg/l TCLP
from metal heat treating operations
where cyanides are used in the process.
Chromium (Total)......
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
......... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Silver......................... 7440-22-4 NA 0.30 mg/l TCLP
F019.......................................................... Wastewater treatment sludges from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
chemical conversion coating of aluminum
except from zirconium phosphating in
aluminum can washing when such
phosphating is an exclusive conversion
coating process.
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
[[Page 15609]]
F020, F021, F022, F023, F026.................................. Wastes (except wastewater and spent HxCDDs (All Hexachlorodibenzo-p- NA 0.000063 0.001
carbon from hydrogen chloride dioxins).
purification) from the production or
manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenol, or of intermediates
used to produce their pesticide
derivatives, excluding wastes from the
production of Hexachlorophene from
highly purified 2,4,5-trichlorophenol
(F020); (2) pentachlorophenol, or of
intermediates used to produce its
derivatives (i.e., F021); (3) tetra-,
penta-, or hexachlorobenzenes under
alkaline conditions (i.e., F022); and
from the production of materials on
equipment previously used for the
production or manufacturing use (as a
reactant, chemical intermediate, or
component in a formulating process) of:
(1) tri- or tetrachlorophenols,
excluding wastes from equipment used
only for the production of
Hexachlorophene from highly purified
2,4,5-trichlorophenol (F023); (2) tetra-
, penta-, or hexachlorobenzenes under
alkaline conditions (i.e., F026).
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo- NA 0.000063 0.001
p-dioxins).
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzofurans).
Pentachlorophenol.............. 87-86-5 0.089 7.4
TCDDs (All Tetrachlorodibenzo-p- NA 0.000063 0.001
dioxins).
TCDFs (All NA 0.000063 0.001
Tetrachlorodibenzofurans).
2,4,5-Trichlorophenol.......... 95-95-4 0.18 7.4
2,4,6-Trichlorophenol.......... 88-06-2 0.035 7.4
2,3,4,6-Tetrachlorophenol...... 58-90-2 0.030 7.4
F024.......................................................... Process wastes, including but not limited All F024 wastes................ NA CMBST CMBST
to, distillation residues, heavy ends,
tars, and reactor clean-out wastes, from
the production of certain chlorinated
aliphatic hydrocarbons by free radical
catalyzed processes. These chlorinated
aliphatic hydrocarbons are those having
carbon chain lengths ranging from one to
and including five, with varying amounts
and positions of chlorine substitution.
(This listing does not include
wastewaters, wastewater treatment
sludges, spent catalysts, and wastes
listed in Sec. 261.31 or Sec. 261.32.).
2-Chloro-1,3-butadiene......... 126-99-8 0.057 0.28
3-Chloropropylene.............. 107-05-1 0.036 30
1,1-Dichloroethane............. 75-34-3 0.059 6.0
1,2-Dichloroethane............. 107-06-2 0.21 6.0
1,2-Dichloropropane............ 78-87-5 0.85 18
cis-1,3-Dichloropropylene...... 10061-01-5 0.036 18
trans-1,3-Dichloropropylene.... 10061-02-6 0.036 18
bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
Hexachloroethane............... 67-72-1 0.055 30
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
[[Page 15610]]
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
F025.......................................................... Condensed light ends from the production Carbon tetrachloride........... 56-23-5 0.057 6.0
of certain chlorinated aliphatic
hydrocarbons, by free radical catalyzed
processes. These chlorinated aliphatic
hydrocarbons are those having carbon
chain lengths ranging from one to and
including five, with varying amounts and
positions of chlorine substitution.
Chloroform..................... 67-66-3 0.046 6.0
1,2-Dichloroethane............. 107-06-2 0.21 6.0
1,1-Dichloroethylene........... 75-35-4 0.025 6.0
Methylene chloride............. 75-9-2 0.089 30
1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
Trichloroethylene.............. 79-01-6 0.054 6.0
Vinyl chloride................. 75-01-4 0.27 6.0
Spent filters and filter aids, and spent Carbon tetrachloride........... 56-23-5 0.057 6.0
desiccant wastes from the production of
certain chlorinated aliphatic
hydrocarbons, by free radical catalyzed
processes. These chlorinated aliphatic
hydrocarbons are those having carbon
chain lengths ranging from one to and
including five, with varying amounts and
positions of chlorine substitution.
F025--Spent Filters/Aids and Desiccants
Subcategory.
Chloroform..................... 67-66-3 0.046 6.0
Hexachlorobenzene.............. 118-74-1 0.055 10
Hexachlorobutadiene............ 87-68-3 0.055 5.6
Hexachloroethane............... 67-72-1 0.055 30
Methylene chloride............. 75-9-2 0.089 30
1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
Trichloroethylene.............. 79-01-6 0.054 6.0
Vinyl chloride................. 75-01-4 0.27 6.0
F027.......................................................... Discarded unused formulations containing HxCDDs (All Hexachlorodibenzo-p- NA 0.059 NA
tri-, tetra-, or pentachlorophenol or dioxins).
discarded unused formulations containing
compounds derived from these
chlorophenols. (This listing does not
include formulations containing
hexachlorophene synthesized from
prepurified 2,4,5-trichlorophenol as the
sole component).
HxCDFs (All NA 0.059 3.4
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo- NA 0.14 10
p-dioxins).
PeCDFs (All NA 0.059 3.4
Pentachlorodibenzofurans).
Pentachlorophenol.............. 87-86-5 0.061 3.4
[[Page 15611]]
TCDDs (All Tetrachlorodibenzo-p- NA 0.28 28
dioxins).
TCDFs (All NA 0.059 3.4
Tetracholorodibenzofurans).
2,4,5-Trichlorophenol.......... 95-95-4 0.057 28
2,4,6-Trichlorophenol.......... 88-06-2 0.057 10
2,3,4,6-Tetrachlorophenol...... 58-90-2 0.059 NA
F028.......................................................... Residues resulting from the incineration HxCDDs (All Hexachlorodibenzo-p- NA 0.059 5.6
or thermal treatment of soil dioxins).
contaminated with EPA Hazardous Wastes
Nos. F020, F021, F023, F026, and F027.
HxCDFs (All NA 0.059 5.6
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo- NA 0.039 6.2
p-dioxins).
PeCDFs (All NA 0.067 8.2
Pentachlorodibenzofurans).
Pentachlorophenol.............. 87-86-5 0.080 10
TCDDs (All Tetrachlorodibenzo-p- NA 0.32 30
dioxins).
TCDFs (All NA 2.77 0.86 mg/l TCLP
Tetrachlorodibenzofurans).
2,4,5-Trichlorophenol.......... 95-95-4 1.2 590
2,4,6-Trichlorophenol.......... 88-06-2 0.69 NA
2,3,4,6-Tetrachlorophenol...... 58-90-2 3.98 5.0 mg/l TCLP
F037.......................................................... Petroleum refinery primary oil/water/ Acenaphthene................... 83-32-9 0.059 NA
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 non-
contact once-through cooling waters
segregated for treatment from other
process or oil cooling waters, sludges
generated in aggressive biological
treatment units as defined in Sec.
261.31(b)(2) (including sludges
generated in one or more additional
units after wastewaters have been
treated in aggressive biological
treatment units) and K051 wastes are not
included in this listing.
Anthracene..................... 120-12-7 0.059 3.4
Benzene........................ 71-43-2 0.14 10
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzo(a)pyrene................. 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
Chrysene....................... 218-01-9 0.059 3.4
Di-n-butyl phthalate........... 84-74-2 0.057 28
Ethylbenzene................... 100-41-4 0.057 10
Fluorene....................... 86-73-7 0.059 NA
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Pyrene......................... 129-00-0 0.067 8.2
[[Page 15612]]
Toluene........................ 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Lead........................... 7439-92-1 0.69 NA
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
F038.......................................................... Petroleum refinery secondary (emulsified) Benzene........................ 71-43-2 0.14 10
oil/water/solids separation sludge and/
or float generated from the physical and/
or chemical separation of oil/water/
solids in process wastewaters and oily
cooling wastewaters from petroleum
refineries. Such wastes include, but are
not limited to, all sludges and floats
generated in: induced air floatation
(IAF) units, tanks and impoundments, and
all sludges generated in DAF units.
Sludges generated in stormwater units
that do not receive dry weather flow,
sludges generated from non-contact once-
through cooling waters segregated for
treatment from other process or oily
cooling waters, sludges and floats
generated in aggressive biological
treatment units as defined in Sec.
261.31(b)(2) (including sludges and
floats generated in one or more
additional units after wastewaters have
been treated in aggressive biological
units) and F037, K048, and K051 are not
included in this listing.
Benzo(a)pyrene................. 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
Chrysene....................... 218-01-9 0.059 3.4
Di-n-butyl phthalate........... 84-74-2 0.057 28
Ethylbenzene................... 100-41-4 0.057 10
Fluorene....................... 86-73-7 0.059 NA
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Pyrene......................... 129-00-0 0.067 8.2
Toluene........................ 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Lead........................... 7439-92-1 0.69 NA
Nickel......................... 7440-02-0 NA 5.0 mg/l TCLP
[[Page 15613]]
F039.......................................................... Leachate (liquids that have percolated Acenaphthylene................. 208-96-8 0.059 3.4
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.).
Acenaphthene................... 83-32-9 0.059 3.4
Acetone........................ 67-64-1 0.28 160
Acetonitrile................... 75-05-8 5.6 38
Acetophenone................... 96-86-2 0.010 9.7
2-Acetylaminofluorene.......... 53-96-3 0.059 140
Acrolein....................... 107-02-8 0.29 NA
Acrylonitrile.................. 107-13-1 0.24 84
Aldrin......................... 309-00-2 0.021 0.066
4-Aminobiphenyl................ 92-67-1 0.13 NA
Aniline........................ 62-53-3 0.81 14
Anthracene..................... 120-12-7 0.059 3.4
Aramite........................ 140-57-8 0.36 NA
alpha-BHC...................... 319-84-6 0.00014 0.066
beta-BHC....................... 319-85-7 0.00014 0.066
delta-BHC...................... 319-86-8 0.023 0.066
gamma-BHC...................... 58-89-9 0.0017 0.066
Benzene........................ 71-43-2 0.14 10
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from
benzo(k)fluoranthene.
Benzo(b)fluoranthene (difficult 207-08-9 0.11 6.8
to distinguish from
benzo(k)fluoranthene.
Benzo(g,h,i)perylene........... 191-24-2 0.0055 1.8
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Bromodichloromethane........... 75-27-4 0.35 15
Methyl bromide (Bromomethane).. 74-83-9 0.11 15
4-Bromophenyl phenyl ether..... 101-55-3 0.055 15
n-Butyl alcohol................ 71-36-3 5.6 2.6
Butyl benzyl phthalate......... 85-68-7 0.017 28
2-sec-Butyl-4,6-dinitrophenol 88-85-7 0.066 2.5
(Dinoseb).
Carbon disulfide............... 75-15-0 3.8 4.8 mg/l TCLP
Carbon tetrachloride........... 56-23-5 0.057 6.0
Chlordane (alpha and gamma 57-74-9 0.0033 0.26
isomers).
p-Chloroaniline................ 106-47-8 0.46 16
Chlorobenzene.................. 108-90-7 0.057 6.0
Chlorobenzilate................ 510-15-6 0.10 NA
2-Chloro-1,3-butadiene......... 126-99-8 0.057 0.28
Chlorodibromomethane........... 124-48-1 0.057 15
Chloroethane................... 75-00-3 0.27 6.0
bis(2-Chloroethoxy)methane..... 111-91-1 0.036 7.2
bis(2-Chloroethyl)ether........ 111-44-4 0.033 6.0
Chloroform..................... 67-66-3 0.046 6.0
bis(2-Chloroisopropyl)ether.... 39638-32-9 0.055 7.2
p-Chloro-m-cresol.............. 59-50-7 0.018 14
Chloromethane (Methyl chlorida) 74-87-3 0.19 30
2-Chloronaphthalene............ 91-58-7 0.055 5.6
[[Page 15614]]
2-Chlorophenol................. 95-57-8 0.044 5.7
3-Chloropropylene.............. 107-05-1 0.036 30
Chrysene....................... 218-01-9 0.059 3.4
o-Cresol....................... 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from p-cresol).
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from m-cresol).
Cyclohexanone.................. 108-94-1 0.36 0.75 mg/l TCLP
1,2-Dibromo-e-chloropropane.... 96-12-8 0.11 15
Ethylene dibromide (1,2- 106-93-4 0.028 15
Dibromoethane).
Dibromomethane................. 74-95-3 0.11 15
2,4-D (2,4- 94-75-7 0.72 10
Dichlorophenoxyacetic acid).
o,p'-DDD....................... 53-19-0 0.023 0.87
p,p'-DDD....................... 72-54-8 0.023 0.087
o,p'-DDE....................... 3424-82-6 0.031 0.087
p,p'-DDE....................... 72-55-9 0.031 0.087
o,p'-DDT....................... 789-02-6 0.0039 0.087
p,p'-DDT....................... 50-29-3 0.0039 0.087
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
Dibenz(a,e)pyrene.............. 192-65-4 0.061 NA
m-Dichlorobenzene.............. 541-73-1 0.036 6.0
o-Dichlorobenzene.............. 95-50-1 0.088 6.0
p-Dichlorobenzene.............. 106-46-7 0.090 6.0
Dichlorodifluoromethane........ 75-71-8 0.23 7.2
1,1-Dichloroethane............. 75-34-3 0.059 6.0
1,2-Dichloroethane............. 107-06-2 0.21 6.0
1,1-Dichloroethylene........... 75-35-4 0.025 6.0
trans-1,2-Dichloroethylene..... 156-60-5 0.054 30
2,4-Dichlorophenol............. 120-83-2 0.044 14
2,6-Dichlorophenol............. 87-65-0 0.044 14
1,2-Dichloropropane............ 78-87-5 0.85 18
cis-1,3-Dichloropropylene...... 10061-01-5 0.036 18
trans-1,3-Dichloropropylene.... 10061-02-6 0.036 18
Dieldrin....................... 60-57-1 0.017 0.13
Diethyl phthalate.............. 84-66-2 0.20 28
2-4-Dimethyl phenol............ 105-67-9 0.036 14
Dimethyl phthalate............. 131-11-3 0.047 28
Di-n-butyl phthalate........... 84-74-2 0.057 28
1,4-Dinitrobenzene............. 100-25-4 0.32 2.3
4,6-Dinitro-o-cresol........... 534-52-1 0.28 160
2,4-Dinitrophenol.............. 51-28-5 0.12 160
2,4-Dinitrotoluene............. 121-14-2 0.32 140
2,6-Dinitrotoluene............. 606-20-2 0.55 28
Di-n-octyl phthalate........... 117-84-0 0.017 28
Di-n-propylnitrosamine......... 621-64-7 0.40 14
[[Page 15615]]
1,4-Dioxane.................... 123-91-1 0.22 170
Diphenylamine (difficult to 122-39-4 0.92 13
distinguish from
diphenylnitrosamine).
Diphenylnitrosamine (difficult 86-30-6 0.92 13
to distinguish from
diphenylamine).
1,2-Diphenylhydrazine.......... 122-66-7 0.087 1.5
Disulfoton..................... 298-04-4 0.017 6.2
Endosulfan I................... 939-98-8 0.023 0.066
Endosulfan II.................. 33213-6-5 0.029 0.13
Endosulfan sulfate............. 1-31-07-8 0.029 0.13
Endrin......................... 72-20-8 0.0028 0.13
Endrin aldehyde................ 7421-93-4 0.025 0.13
Ethyl acetate.................. 141-78-6 0.34 33
Ethyl cyanide (Propanenitrile). 107-12-0 0.24 360
Ethyl benzene.................. 100-41-4 0.057 10
Ethyl ether.................... 60-29-7 0.12 160
bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
Ethyl methacrylate............. 97-63-2 0.14 160
Ethylene oxide................. 75-21-8 0.12 NA
Famphur........................ 52-85-7 0.017 15
Fluoranthene................... 206-44-0 0.068 3.4
Fluorene....................... 86-73-7 0.059 3.4
Heptachlor..................... 76-44-8 0.0012 0.066
Heptachlor epoxide............. 1024-57-3 0.016 0.066
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
Hexachlorobenzene.............. 118-74-1 0.055 10
Hexachlorobutadiene............ 87-68-3 0.055 5.6
Hexachlorocyclopentadiene...... 77-47-4 0.057 2.4
HxCDDs (All Hexachlorodibenzo-p- NA 0.000063 0.001
dioxins).
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans).
Hexachloroethane............... 67-72-1 0.055 30
Hexachloropropylene............ 1888-71-7 0.035 30
Indeno (1,2,3-c,d) pyrene...... 193-39-5 0.0055 3.4
Iodomethane.................... 74-88-4 0.19 65
Isobutyl alcohol............... 78-83-1 5.6 170
Isodrin........................ 465-73-6 0.021 0.066
Isosafrole..................... 120-58-1 0.081 2.6
Kepone......................... 143-50-8 0.0011 0.13
Methacrylonitrile.............. 126-98-7 0.24 84
Methanol....................... 67-56-1 5.6 0.75 mg/l TCLP
Methapyrilene.................. 91-80-5 0.081 1.5
Methoxychlor................... 72-43-5 0.25 0.18
3-Methylcholanthrene........... 56-49-5 0.0055 15
4,4-Methylene bis(2- 101-14-4 0.50 30
chloroaniline).
Methylene chloride............. 75-09-2 0.089 30
Methyl ethyl ketone............ 78-93-3 0.28 36
Methyl isobutyl ketone......... 108-10-1 0.14 33
Methyl methacrylate............ 80-62-6 0.14 160
Methyl methansulfonate......... 66-27-3 0.018 NA
Methyl parathion............... 298-00-0 0.014 4.6
Naphthalene.................... 91-20-3 0.059 5.6
2-Naphthylamine................ 91-59-8 0.52 NA
p-Nitroaniline................. 100-01-6 0.028 28
Nitrobenzene................... 98-95-3 0.068 14
5-Nitro-o-toluidine............ 99-55-8 0.32 28
p-Nitrophenol.................. 100-02-7 0.12 29
N-Nitrosodiethylamine.......... 55-18-5 0.40 28
N-Nitrosodimethylamine......... 62-75-9 0.40 2.3
[[Page 15616]]
N-Nitroso-di-n-butylamine...... 924-16-3 0.40 17
N-Nitrosomethylethylamine...... 10595-95-6 0.40 2.3
N-Nitrosomorpholine............ 59-89-2 0.40 2.3
N-Nitrosopiperidine............ 100-75-4 0.013 35
N-Nitrosophyrrolidine.......... 930-55-2 0.013 35
Parathion...................... 56-38-2 0.014 4.6
Total PCBs (sum of all PCB 1336-36-3 0.10 10
isomer, or all Aroclors).
Pentachlorobenzene............. 608-93-5 0.055 10
PeCDDs (All Pentachlorodibenzo- NA 0.000063 0.001
p-dioxins).
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzofurans).
Pentachloronitrobenzene........ 82-68-8 0.055 4.8
Pentachlorophenol.............. 87-86-5 0.089 7.4
Phenacetin..................... 62-44-2 0.081 16
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Phorate........................ 298-02-2 0.021 4.6
Phthalic anhydride............. 85-44-9 0.055 28
Pronamide...................... 23950-58-5 0.093 1.5
Pyrene......................... 129-00-0 0.067 8.2
Pyridine....................... 110-86-1 0.014 16
Safrole........................ 94-59-7 0.081 22
Silvex (2,4,5-TP).............. 93-72-1 0.72 7.9
2,4,5-T........................ 93-76-5 0.72 7.9
1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
TCDDs (All Tetrachlorodibenzo-p- NA 0.000063 0.001
dioxins).
TCDFs (All NA 0.000063 0.001
Tetrachlorodibenzofurans).
1,1,1,2-Tetrachloroethane...... 630-20-6 0.057 6.0
1,1,1,2-Tetrachloroethane...... 79-34-6 0.057 6.0
Tetrachloroethylene............ 127-18-4 0.056 6.0
2,3,4,6-Tetrachlorophenol...... 58-90-2 0.030 7.4
Toluene........................ 108-88-3 0.080 10
Toxaphene...................... 8001-35-2 0.0095 2.6
Bromoform (Tribromomethane).... 75-25-2 0.63 15
1,2,4-Trichlorobenzene......... 120-82-1 0.055 19
1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
Trichloroethylene.............. 79-01-6 0.054 6.0
Trichloromonofluoromethane..... 75-69-4 0.020 30
2,4,5-Trichlorophenol.......... 95-95-4 0.18 7.4
2,4,6-Trichlorophenol.......... 88-06-2 0.035 7.4
1,2,3-Trichloropropane......... 96-18-4 0.85 30
1,1,2-Trichloro-1,2,2- 76-13-1 0.057 30
trifluoroethane.
[[Page 15617]]
tris(2,3-Dibromopropyl) 126-72-7 0.11 0.10
phosphate.
Vinyl chloride................. 75-01-4 0.27 6.0
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Antimony....................... 7440-36-0 1.9 2.1 mg/l TCLP
Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
Barium......................... 7440-39-3 1.2 7.6 mg/l TCLP
Beryllium...................... 7440-41-7 0.82 0.014 mg/l TCLP
Cadmium........................ 7440-43-9 0.69 0.19 mg/l TCLP
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Fluoride....................... 16964-48-8 35 48
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Mercury........................ 7439-97-6 0.15 0.025 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
Silver......................... 7440-22-4 0.43 0.30 mg/l TCLP
Sulfide........................ 8496-25-8 14 NA
Thallium....................... 7440-28-0 1.4 0.078 mg/l TCLP
Vanadium....................... 7440-62-2 4.3 0.23
K001.......................................................... Bottom sediment sludge from the treatment Naphthalene.................... 91-20-3 0.059 5.6
of wastewaters from wood preserving
processes that use creosote and/or
pentachlorophenol..
Pentachlorophenol.............. 87-86-5 0.089 7.4
Phenanthrene................... 85-01-8 0.059 5.6
Pyrene......................... 129-00-0 0.067 8.2
Toluene........................ 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K002.......................................................... Wastewater treatment sludge from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
production of chrome yellow and orange
pigments.
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K003.......................................................... Wastewater treatment sludge from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
production of molybdate orange pigments.
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K004.......................................................... Wastewater treatment sludge from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
production of zinc yellow pigments.
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K005.......................................................... Wastewater treatment sludge from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
production of chrome green pigments.
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
K006.......................................................... Wastewater treatment sludge from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
production of chrome oxide green
pigments (anhydrous).
Lead........................... 7439-92-1 0.69 NA
Wastewater treatment sludge from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
production of chrome oxide green
pigments (hydrated).
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K007.......................................................... Wastewater treatment sludge from the Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
production of iron blue pigments.
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
K008.......................................................... Oven residue from the production of Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l
chrome oxide green.
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
[[Page 15618]]
K009.......................................................... Distillation bottoms from the production Chloroform..................... 67-66-3 0.046 6.0
of acetaldehyde from ethylene.
K010.......................................................... Distillation side cuts from the Chloroform..................... 67-66-3 0.046 6.0
procduction of acetaldehyde from
ethylene.
K011.......................................................... Bottom stream from the wastewater Acetonitrile................... 75-05-8 5.6 38
stripper in the production of
acrylonitrile.
Acrylonitrile.................. 107-13-1 0.24 84
Acrylamide..................... 79-06-1 19 23
Benzene........................ 71-43-2 0.14 10
Cyanide (Total)................ 57-12-5 1.2 590
K013.......................................................... Bottom stream from the acetonitrile Acetonitrile................... 75-05-8 5.6 38
column in the production of
acrylonitrile..
Acrylonitrile.................. 107-13-1 0.24 84
Acrylamide..................... 79-06-1 19 23
Benzene........................ 71-43-2 0.14 10
Cyanide (Total)................ 57-12-5 1.2 590
K014.......................................................... Bottoms from the acetonitrile Acetonitrile................... 75-05-8 5.6 38
purification column in the production of
acrylonitrile.
Acrylonitrile.................. 107-13-1 0.24 84
Acrylamide..................... 79-06-1 19 23
Benzene........................ 71-43-2 0.14 10
Cyanide (Total)................ 57-12-5 1.2 590
K015.......................................................... Still bottoms from the distillation of Anthracene..................... 120-12-7 0.059 3.4
benzyle chloride..
Benzal chloride................ 98-87-3 0.055 6.0
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from
benzo(k)fluoranthene.
Benzo(k)fluroanthene (difficult 207-08-9 0.11 6.8
to distinguish from benzo(b)
fluoranthene.
Phenanthrene................... 85-01-8 0.059 5.6
Toluene........................ 108-88-3 0.080 10
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
K016.......................................................... Heavy ends or distillation residues from Hexachlorobenzene.............. 118-74-1 0.055 10
the production of carbon tetrachloride.
Hexachlorobutadiene............ 87-68-3 0.055 5.6
Hexachlorocyclopentadiene...... 77-47-4 0.057 2.4
Hexachloroethane............... 67-72-1 0.055 30
Tetrachloroethylene............ 127-18-4 0.056 6.0
K017.......................................................... Heavy ends (still bottoms) from the bis(2-Chloroethyl)ether........ 111-44-4 0.033 6.0
purification column in the production of
epichlorohydrin.
1,2-Dichloropropane............ 78-87-5 0.85 18
1,2,3-Trichloropropane......... 96-18-4 0.85 30
K018.......................................................... Heavy ends from the fractionation column Chloroethane................... 75-00-3 0.27 6.0
in ethyl chloride production.
Chloromethane.................. 74-87-3 0.19 NA
[[Page 15619]]
1,1-Dichloroethane............. 75-34-3 0.059 6.0
1,2-Dichloroethane............. 107-06-2 0.21 6.0
Hexachlorobenzene.............. 118-74-1 0.055 10
Hexachlorobutadiene............ 87-68-3 0.055 5.6
Hexachloroethane............... 67-72-1 0.055 30
Pentachloroethane.............. 76-01-7 NA 6.0
1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
K019.......................................................... Heavy ends from the distillation of bis(2-Chloroethyl)ether........ 111-44-4 0.033 6.0
ethylene dichloride in ethylene
dichloride production..
Chlorobenzene.................. 108-90-7 0.057 6.0
Chloroform..................... 68-66-3 0.046 6.0
p-Dichlorobenzene.............. 106-46-7 0.090 NA
1,2-Dichloroethane............. 107-06-2 0.21 6.0
Fluorene....................... 86-73-7 0.059 NA
Hexachloroethane............... 67-72-1 0.055 30
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 NA
Tetrachloroethylene............ 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene......... 120-82-1 0.055 19
1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
K020.......................................................... Heavy ends from the distillation of vinyl 1,2-Dichloroethane............. 107-06-2 0.21 6.0
chloride in vinyl chloride monomer
production.
1,1,2,2-Tetrachloroethane...... 79-34-6 0.057 6.0
Tetrachloroethylene............ 127-18-4 0.056 6.0
K021.......................................................... Aqueous spent antimony catalyst waste Carbon tetrachloride........... 56-23-5 0.057 6.0
from fluoromethanes production.
Chloroform..................... 67-66-3 0.046 6.0
Antimony....................... 7440-36-0 1.9 2.1 mg/l TCLP
K022.......................................................... Distillation bottom tars from the Toluene........................ 108-88-3 0.080 10
production of phenol/acetone from cumene.
Acetophenone................... 96-86-2 0.010 9.7
Diphenylamine (difficult to 122-39-4 0.92 13
distinguish from
diphenylnitrosamine).
Diphenylnitrosamine (difficult 86-30-6 0.92 13
to distinguish from
diphenylamine).
Phenol......................... 108-95-2 0.039 6.2
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
K023.......................................................... Distillation light ends from the Phthalic anhydride (measured as 100-21-0 0.055 28
production of phthalic anhydride from Phthalic acid or Terephthalic
naphthalene. acid).
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic
acid).
K024.......................................................... Distillation bottoms from the production Phthalic anhydride (measured as 100-21-0 0.055 28
of phthalic anhydride from naphthalene. Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic
acid).
K025.......................................................... Distillation bottoms from the production NA............................. NA LLEXT fb SSTRP fb CMBST
of nitrobenzene by the nitration of CARBN; or CMBST
benzene.
K026.......................................................... Stripping still tails from the production NA............................. NA CMBST CMBST
of methyl ethyl pyridines.
K027.......................................................... Centrifuge and distillation residues from NA............................. NA CARBN; or CMBST CMBST
toluene diisocyanate production.
[[Page 15620]]
K028.......................................................... Spent catalyst from the hydrochlorinator 1,1-Dichloroethane............. 75-34-3 0.059 6.0
reactor in the production of 1,1,1-
trichloroethane.
trans-1,2-Dichloroethylene..... 156-60-5 0.054 30
Hexachlorobutadiene............ 87-68-3 0.055 5.6
Hexachloroethane............... 67-72-1 0.055 30
Pentachloroethane.............. 76-01-7 NA 6.0
1,1,1,2-Tetrachloroethane...... 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane...... 79-34-6 0.057 6.0
Tetrachloroethylene............ 127-18-4 0.056 6.0
1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
Cadmium........................ 7440-43-9 0.69 NA
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
K029.......................................................... Waste from the product steam stripper in Chloroform..................... 67-66-3 0.046 6.0
the production of 1,1,1-trichloroethane.
1,2-Dichloroethane............. 107-06-2 0.21 6.0
1,1-Dichloroethylene........... 75-35-4 0.025 6.0
1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
Vinyl chloride................. 75-01-4 0.27 6.0
K030.......................................................... Column bodies or heavy ends from the o-Dichlorobenzene.............. 95-50-1 0.088 NA
combined production of trichloroethylene
and perchloroethylene.
p-Dichlorobenzene.............. 106-46-7 0.090 NA
Hexachlorobutadiene............ 87-68-3 0.055 5.6
Hexachloroethane............... 67-72-1 0.055 30
Hexachloropropylene............ 1888-71-7 NA 30
Pentachlorobenzene............. 608-93-5 NA 10
Pentachloroethane.............. 76-01-7 NA 6.0
1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
Tetrachloroethylene............ 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene......... 120-82-1 0.055 19
K031.......................................................... By-product salts generated in the Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
production of MSMA and cacodylic acid.
K032.......................................................... Wastewater treatment sludge from the Hexachlorocyclopentadiene...... 77-47-4 0.057 2.4
production of chlordane.
Chlordane (alpha and gamma 57-74-9 0.0033 0.26
isomers).
Heptachlor..................... 76-44-8 0.0012 0.066
Heptachlor epoxide............. 1024-57-3 0.016 0.066
K033.......................................................... Wastewater and scrub water from the Hexachlorocyclopentadiene...... 77-47-4 0.057 2.4
chlorination of cyclopentadiene in the
production of chlordane.
K034.......................................................... Filter solids from the filtration of Hexachlorocylopentadiene....... 77-47-4 0.057 2.4
hexachlorocyclopentadiene in the
production of chlordane.
[[Page 15621]]
K035.......................................................... Wastewater treatment sludges generated in Acenaphthene................... 83-32-9 NA 3.4
the production of creosote.
Anthracene..................... 120-12-7 NA 3.4
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Chrysene....................... 218-01-9 0.059 3.4
o-Cresol....................... 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from p-cresol).
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from m-cresol).
Dibenz(a,h)anthracene.......... 53-70-3 NA 8.2
Fluoranthene................... 206-44-0 0.068 3.4
Fluorene....................... 86-73-7 NA 3.4
Indeno(1,2,3-cd)pyrene......... 193-39-5 NA 3.4
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Pyrene......................... 129-00-0 0.067 8.2
K036.......................................................... Still bottoms from toluene reclamation Disulfoton..................... 298-04-4 0.017 6.2
distillation in the production of
disulfoton.
K037.......................................................... Wastewater treatment sludges from the Disulfoton..................... 298-04-4 0.017 6.2
production of disulfoton.
Toluene........................ 108-88-3 0.080 10
K038.......................................................... Wastewater from the washing and stripping Phorate........................ 298-02-2 0.021 4.6
of phorate production.
K039.......................................................... Filter cake from the filtration of NA............................. NA CARBN, or CMBST CMBST
diethylphosphorodithioc acid in the
production of phorate.
K040.......................................................... Wastewater treatment sludge from the Phorate........................ 298-02-2 0.021 4.6
production of phorate.
K041.......................................................... Wastewater treatment sludge from the Toxaphene...................... 8001-35-2 0.0095 2.6
production of toxaphene.
K042.......................................................... Heavy ends or distillation residues from o-Dichlorobenzene.............. 95-50-1 0.088 6.0
the distillation of tetrachlorobenzene
in the production of 2,4,5-T.
p-Dichlorobenzene.............. 106-46-7 0.090 6.0
Pentachlorobenzene............. 608-93-5 0.055 10
1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
1,2,4-Trichlorobenzene......... 120-82-1 0.055 19
K043.......................................................... 2,6-Dichlorophenol waste from the 2,4-Dichlorophenol............. 120-83-2 0.044 14
production of 2,4-D.
2,6-Dichlorophenol............. 187-65-0 0.044 14
2,4,5-Trichlorophenol.......... 95-95-4 0.18 7.4
2,4,6-Trichlorophenol.......... 88-06-2 0.035 7.4
2,3,4,6-Tetrachlorophenol...... 58-90-2 0.030 7.4
Pentachlorophenol.............. 87-86-5 0.089 7.4
Tetrachloroethylene............ 127-18-4 0.056 6.0
HxCDDs (All Hexachlorodibenzo-p- NA 0.000063 0.001
dioxins).
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo- NA 0.000063 0.001
p-dioxins).
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzofurans).
TCDDs (All Tetrachlorodibenzo-p- NA 0.000063 0.001
dioxins).
[[Page 15622]]
TCDFs (All NA 0.000063 0.001
Tetrachlorodibenzofurans).
K044.......................................................... Wastewater treatment sludges from the NA............................. NA DEACT DEACT
manufacturing and processing of
explosives.
K045.......................................................... Spent carbon from the treatment of NA............................. NA DEACT DEACT
wastewater containing explosives.
K046.......................................................... Wastewater treatment sludges from the Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
manufacturing, formulation and loading
of lead-based initiating compounds.
K047.......................................................... Pink/red water from TNT operations....... NA............................. NA DEACT DEACT
K048....
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
...................................................... Dissolved air flotation (DAF) float from Benzene........................ 71-43-2 0.14 10
the petroleum refining industry.
Benzo(a)pyrene................. 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
Chrysene....................... 218-01-9 0.059 3.4
Di-n-butyl phthalate........... 84-74-2 0.057 28
Ethylbenzene................... 100-41-4 0.057 10
Fluorene....................... 86-73-7 0.059 NA
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Pyrene......................... 129-00-0 0.067 8.2
Toluene........................ 108-88-33 0.080 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Lead........................... 7439-92-1 0.69 NA
Nickel......................... 7440-02-0 NA 5.0 mg/l TCLP
K049.......................................................... Slop oil emulsion solids from the Anthracene..................... 120-12-7 0.059 3.4
petroleum refining industry.
Benzene........................ 71-43-2 0.14 10
Benzo(a)pyrene................. 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
Carbon disulfide............... 75-15-0 3.8 NA
Chrysene....................... 2218-01-9 0.059 3.4
2,4-Dimethylphenol............. 105-67-9 0.036 NA
Ethylbenzene................... 100-41-4 0.057 10
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Pyrene......................... 129-00-0 0.067 8.2
Toluene........................ 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
[[Page 15623]]
Cyanides (Total) \7\........... 57-12-5 1.2 590
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Lead........................... 7439-92-1 0.69 NA
Nickel......................... 7440-02-0 NA 5.0 mg/l TCLP
K050.......................................................... Heat exchanger bundle cleaning sludge Benzo(a)pyrene................. 50-32-8 0.061 3.4
from the petroleum refining industry.
Phenol......................... 108-95-2 0.039 6.2
Cyanides (Total) \7\........... 57-12-5 1.2 590
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Lead........................... 7439-92-1 0.69 NA
Nickel......................... 7440-02-0 NA 5.0 mg/l TCLP
K051.......................................................... API separator sludge from the petroleum Acenaphthene................... 83-32-9 0.059 NA
refining industry.
Anthracene..................... 120-12-7 0.059 3.4
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzene........................ 71-43-2 0.14 10
Benzo(a)pyrene................. 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
Chrysene....................... 2218-01-9 0.059 3.4
Di-n-butyl phthalate........... 105-67-9 0.057 28
Ethylbenzene................... 100-41-4 0.057 10
Fluorene....................... 86-73-7 0.059 NA
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Pyrene......................... 129-00-0 0.067 8.2
Toluene........................ 108-88-3 0.08 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Cyanides (Total) \7\........... 57-12-5 1.2 590
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Lead........................... 7439-92-1 0.69 NA
Nickel......................... 7440-02-0 NA 5.0 mg/l TCLP
K052.......................................................... Tank bottoms (leaded) from the petroleum Benzene........................ 71-43-2 0.14 10
refining industry.
Benzo(a)pyrene................. 50-32-8 0.061 3.4
o-Cresol....................... 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from p-cresol).
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from m-cresol).
2,4-Dimethylphenol............. 105-67-9 0.036 NA
Ethylbenzene................... 100-41-4 0.057 10
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Toluene........................ 108-88-3 0.08 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Lead........................... 7439-92-1 0.69 NA
Nickel......................... 7440-02-0 NA 5.0 mg/l TCLP
K060.......................................................... Ammonia still lime sludge from coking Benzene........................ 71-43-2 0.14 10
operations.
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Naphthalene.................... 91-20-3 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
[[Page 15624]]
Cyanides (Total) \7\........... 57-12-5 1.2 590
K061.......................................................... Emission control dust/sludge from the Antimony....................... 7440-36-0 NA 2.1 mg/l TCLP
primary production of steel in electric
furnaces.
Arsenic........................ 7440-38-2 NA 5.0 mg/l TCLP
Barium......................... 7440-39-3 NA 7.6 mg/l TCLP
Beryllium...................... 7440-41-7 NA 0.014 mg/l TCLP
Cadmium........................ 7440-43-9 0.69 0.19 mg/l TCLP
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Mercury........................ 7439-97-6 NA 0.025 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Selenium....................... 7782-49-2 NA 0.16 mg/l TCLP
Silver......................... 7440-22-4 NA 0.30 mg/l TCLP
Thallium....................... 7440-28-0 NA 0.078 mg/l TCLP
Zinc........................... 7440-66-6 NA 5.3 mg/l TCLP
K062.......................................................... Spent pickle liquor generated by steel Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
finishing operations of facilities
within the iron and steel industry (SIC
Codes 331 and 332).
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
K069.......................................................... Emission control dust/sludge from Cadmium........................ 7440-43-9 0.69 0.19 mg/l TCLP
secondary lead smelling.--Calcium
Sulfate (Low Lead) Subcategory.
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Emission control dust/sludge from NA............................. NA NA RLEAD
secondary lead smelling--Non-Calcium
Sulfate (High Lead) Subcategory.
K071.......................................................... K071 (Brine purification muds from the Mercury........................ 7439-97-6 NA 0.02 mg/l TCLP
mercury cell process in chlorine
production, where separately prepurified
brine is not used) nonwastewaters that
are residues from RMERC.
K071 (Brine purification muds from the Mercury........................ 7439-97-6 NA 0.025 mg/l TCLP
mercury cell process in chlorine
production, where separately prepurified
brine is not used) nonwastewaters that
are not residues from RMERC.
All K071 wastewaters..................... Mercury........................ 7439-97-6 0.15 NA
K073.......................................................... Chlorinated hydrocarbon waste from the Carbon tetrachloride........... 56-23-5 0.057 6.0
purification step of the diaphragm cell
process using graphite anodes in
chlorine production.
Chloroform..................... 67-66-3 0.046 6.0
Hexachloroethane............... 67-72-1 0.055 30
Tetrachloroethylene............ 127-18-4 0.056 6.0
1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
K083.......................................................... Distillation bottoms from aniline Aniline........................ 62-53-3 0.81 14
production.
Benzene........................ 71-43-2 0.14 10
Cyclohexanone.................. 108-94-1 0.36 NA
[[Page 15625]]
Diphenylamine (difficult to 122-39-4 0.92 13
distinguish from
diphenylnitrosamine).
Diphenylnitrosamine (difficult 86-30-6 0.92 13
to distinguish from
diphenylamine).
Nitrobenzene................... 98-95-3 0.068 14
Phenol......................... 108-95-2 0.039 6.2
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
K084.......................................................... Wastewater treatment sludges generated Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
during the production of veterinary
pharmaceuticals from arsenic or organo-
arsenic compounds.
K085.......................................................... Distillation or fractionation column Benzene........................ 71-43-2 0.14 10
bottoms from the production of
chlorobenzenes.
Chlorobenzene.................. 108-90-7 0.057 6.0
m-Dichlorobenzene.............. 541-73-1 0.036 6.0
o-Dichlorobenzene.............. 95-50-1 0.088 6.0
p-Dichlorobenzene.............. 106-46-7 0.090 6.0
Hexachlorobenzene.............. 118-74-1 0.055 10
Total PCBs (sum of all PCB 1336-36-3 0.10 10
isomers, or all Aroclors).
Pentachlorobenzene............. 608-93-5 0.055 10
1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
1,2,4-Trichlorobenzene......... 120-82-1 0.055 19
K086.......................................................... Solvent wastes and sludges, caustic Acetone........................ 67-64-1 0.28 160
washes and sludges, or water washes and
sludges from cleaning tubs and equipment
used in the formulation of ink from
pigments, driers, soaps, and stabilizers
containing chromium and lead.
Acetophenone................... 96-86-2 0.010 9.7
bis(2-Ethylhexyl phthalate..... 117-81-7 0.28 28
n-Butyl alcohol................ 71-36-3 5.6 2.6
Butylbenzyl phthalate.......... 85-68-7 0.017 28
Cyclohexanone.................. 108-94-1 0.36 NA
o-Dichlorobenzene.............. 95-50-1 0.088 6.0
Diethyl phthalate.............. 84-66-2 0.20 28
Dimethyl phthalate............. 131-11-3 0.047 28
Di-n-butyl phthalate........... 84-74-2 0.057 28
Di-n-octyl phthalate........... 117-84-0 0.017 28
Ethyl acetate.................. 141-78-6 0.34 33
Ethylbenzene................... 100-41-4 0.057 10
Menthanol...................... 67-56-1 5.6 NA
Methyl ethyl ketone............ 78-93-3 0.28 36
Methyl isobutyl ketone......... 108-10-1 0.14 33
Methylene chloride............. 75-09-2 0.089 30
Naphthalene.................... 91-20-3 0.059 5.6
Nitrobenzene................... 98-95-3 0.068 14
Toluene........................ 108-88-3 0.080 10
1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
Trichloroethylene.............. 79-01-6 0.054 6.0
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
,m-, and p-xylene
concentrations).
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K087.......................................................... Decanter tank tar sludge from coking Acenaphthylene................. 208-96-8 0.059 3.4
operations.
Benzene........................ 71-43-2 0.14 10
Chrysene....................... 218-01-9 0.059 3.4
Fluoranthene................... 206-44-0 0.068 3.4
Indeno(1,2,3-cd)pyrene......... 193-39-5 0.0055 3.4
[[Page 15626]]
Naphthalene.................... 91-20-3 0.059 5.6
Phenanthrene................... 85-01-8 0.059 5.6
Toluene........................ 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K088.......................................................... Spent potliners from primary aluminum Acenaphthene................... 83-32-9 0.059 3.4
reduction.
Anthracene..................... 120-12-7 0.059 3.4
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Benzo(b)fluoranthene........... 205-99-2 0.11 6.8
Benzo(k)fluoranthene........... 207-08-9 0.11 6.8
Benzo(g,h,i)perylene........... 191-24-2 0.0055 1.8
Chrysene....................... 218-01-9 0.059 3.4
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
Fluoranthene................... 206-44-0 0.068 3.4
Indeno(1,2,3-c,d)pyrene........ 193-39-5 0.0055 3.4
Phenanthrene................... 85-01-8 0.059 5.6
Pyrene......................... 129-00-0 0.067 8.2
Antimony....................... 7440-36-0 1.9 2.1 mg/l TCLP
Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
Barium......................... 7440-39-3 1.2 7.6 mg/l TCLP
Beryllium...................... 7440-41-7 0.82 0.014 mg/l TCLP
Cadmium........................ 7440-43-9 0.69 0.19 mg/l TCLP
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Mercury........................ 7439-97-6 0.15 0.025 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
Silver......................... 7440-22-4 0.43 0.30 mg/l TCLP
Cyanide (Total)................ 57-12-5 1.2 590
Cyanide (Amenable)............. 57-12-5 0.86 30
Fluoride....................... 16984-48-8 35 48 mg/l TCLP
K093.......................................................... Distillation light ends from the Phthalic anhydride (measured as 100-21-0 0.055 28
production of phthalic anhydride from Phthalic acid or Terephthalic
ortho-xylene. acid).
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic
acid).
K094.......................................................... Distillation bottoms from the production Phthalic anhydride (measured as 100-21-0 0.055 28
of phthalic anhydride from ortho-xylene. Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic
acid).
[[Page 15627]]
K095.......................................................... Distillation bottoms from the production Hexachloroethane............... 67-72-1 0.055 30
of 1,1,1-trichloroethane.
Pentachloroethane.............. 76-01-7 0.055 6.0
1,1,1,2-Tetrachloroethane...... 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane...... 79-34-6 0.057 6.0
Tetrachloroethylene............ 127-18-4 0.056 6.0
1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
Trichloroethylene.............. 79-01-6 0.054 6.0
K096.......................................................... Heavy ends from the heavy ends column m-Dichlorobenzene.............. 541-73-1 0.036 6.0
from the production of 1,1,1-
trichloroethane.
Pentachloroethane.............. 76-01-7 0.055 6.0
1,1,1,2-Tetrachloroethane...... 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane...... 79-34-6 0.057 6.0
Tetrachloroethylene............ 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene......... 120-82-1 0.055 19
1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
Trichloroethylene.............. 79-01-6 0.054 6.0
K097.......................................................... Vacuum stripper discharge from the Chlordane (alpha and gamma 57-74-9 0.0033 0.26
chlordane chlorinator in the production isomers).
of chlordane.
Heptachlor..................... 76-44-8 0.0012 0.066
Heptachlor epoxide............. 1024-57-3 0.016 0.066
Hexachlorocyclopentadiene...... 77-47-4 0.057 2.4
K098.......................................................... Untreated process wastewater from the Toxaphene...................... 8001-35-2 0.0095 2.6
production of toxaphene.
K099.......................................................... Untreated wastewater from the production 2,4-Dichlorophenoxyacetic acid. 94-75-7 0.72 10
of 2,4-D.
HxCDDs (All Hexachlorodibenzo-p- NA 0.000063 0.001
dioxins).
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo- NA 0.000063 0.001
p-dioxins).
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzofurans).
TCDDs (All Tetrachlorodibenzo-p- NA 0.000063 0.001
dioxins).
TCDFs (All NA 0.000063 0.001
Tetrachlorodibenzofurans).
K100.......................................................... Waste leaching solution from acid Cadmium........................ 7440-43-9 0.69 0.19 mg/l TCLP
leaching of emission control dust/sludge
from secondary lead smelting.
Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
K101.......................................................... Distillation tar residues from the o-Nitroaniline................. 88-74-4 0.27 14
distillation of aniline-based compounds
in the production of veterinary
pharmaceuticals from arsenic or organo-
arsenic compounds.
Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
Cadmium........................ 7440-43-9 0.69 NA
Lead........................... 7439-92-1 0.69 NA
Mercury........................ 7439-97-6 0.15 NA
K102.......................................................... Residue from the use of activated carbon o-Nitrophenol.................. 88-75-5 0.028 13
for decolorization in the production of
veterinary pharmaceuticals from arsenic
or organo-arsenic compounds.
Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
Cadmium........................ 7440-43-9 0.69 NA
Lead........................... 7439-92-1 0.69 NA
Mercury........................ 7439-97-6 0.15 NA
[[Page 15628]]
K103.......................................................... Process residues from aniline extraction Aniline........................ 62-53-3 0.81 14
from the production of aniline.
Benzene........................ 71-43-2 0.14 10
2,4-Dinitrophenol.............. 51-28-5 0.12 160
Nitrobenzene................... 98-95-3 0.068 14
Phenol......................... 108-95-2 0.039 6.2
K104.......................................................... Combined wastewater streams generated Aniline........................ 62-53-3 0.81 14
from nitrobenzene/aniline production.
Benzene........................ 71-43-2 0.14 10
2,4-Dinitrophenol.............. 51-28-5 0.12 160
Nitrobenzene................... 98-95-3 0.068 14
Phenol......................... 108-95-2 0.039 6.2
Cyanides (Total) \7\........... 57-12-5 1.2 590
K105.......................................................... Separated aqueous stream from the reactor Benzene........................ 71-43-2 0.14 10
product washing step in the production
of chlorobenzenes.
Chlorobenzene.................. 108-90-7 0.057 6.0
2-Chlorophenol................. 95-57-8 0.044 5.7
o-Dichlorobenzene.............. 95-50-1 0.088 6.0
p-Dichlorobenzene.............. 106-46-7 0.090 6.0
Phenol......................... 108-95-2 0.039 6.2
2,4,5-Trichlorophenol.......... 95-95-4 0.18 7.4
2,4,6-Trichlorophenol.......... 88-06-2 0.035 7.4
K106.......................................................... K106 (wastewater treatment sludge from Mercury........................ 7439-97-6 NA RMERC
the mercury cell process in chlorine
production) nonwastewaters that contain
greater than or equal to 260 mg/kg total
mercury.
K106 (wastewater treatment sludge from Mercury........................ 7439-97-6 NA 0.20 mg/l TCLP
the mercury cell process in chlorine
production) nonwastewaters that contain
less than 260 mg/kg total mercury that
are residues from RMERC.
Other K106 nonwastewaters that contain Mercury........................ 7439-97-6 NA 0.025 mg/l TCLP
less than 260 mg/kg total mercury and
are not residues from RMERC.
All K106 wastewaters..................... Mercury........................ 7439-97-6 0.15 NA
K107.......................................................... Column bottoms from product separation NA............................. NA CMBST; or CHOXD fb CMBST
from the production of 1,1- CARBN; or BIODG fb
dimethylhydrazine (UDMH) from carboxylic CARBN
acid hydrazides.
K108.......................................................... Condensed column overheads from product NA............................. NA CMBST; or CHOXD fb CMBST
separation and condensed reactor vent CARBN; or BIODG fb
gases from the production of 1,1- CARBN
dimethylhydrazine (UDMH) from carboxylic
acid hydrazines.
K109.......................................................... Spent filter cartridges from product NA............................. NA CMBST; or CHOXD fb CMBST
purification from the production of 1,1- CARBN; or BIODG fb
dimethyhydrazine (UDMH) from carboxylic CARBN
acid hydrazides.
[[Page 15629]]
K110.......................................................... Condensed column overheads from NA............................. NA CMBST; or CHOXD fb CMBST
intermediate separation from the CARBN; or BIODG fb
production of 1,1-dimethyhydrazine CARBN
(UDMH) from carboxylic acid hydrazides.
K111.......................................................... Product washwaters from the production of 2,4-Dinitrotoluene............. 121-1-2 0.32 140
dinitrotoluene via nitration of toluene.
2,6-Dinitrotoluene............. 606-20-2 0.55 28
K112.......................................................... Reaction by-produ
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
ct water from the drying NA............................. NA CMBST; or CHOXD fb CMBST
column in the production of CARBN; or BIODG fb
toluenediamine via hydrogenation of CARBN
dinitrotoluene.
K113.......................................................... Condensed liquid light ends from the NA............................. NA CARBN; or CMBST CMBST
purification of toluenediamine in the
production of toluenediamine via
hydrogenation of dinitrotoluene.
K114.......................................................... Vicinals from the purification of NA............................. NA CARBN; or CMBST CMBST
toluenediamine in the production of
toluenediamine via hydrogenation of
dinitrotoluene.
K115.......................................................... Heavy ends from the purification of Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
toluenediamine in the production of
toluenediamine via hydrogenation of
dinitrotoluene.
NA............................. NA CARBN; or CMBST CMBST
K116.......................................................... Organic condensate from the solvent NA............................. NA CARBN; or CMBST CMBST
recovery column in the production of
toluene diisocyanate via phosgenation of
toluenediamine.
K117.......................................................... Wastewater from the reactor vent gas Methyl bromide (Bromomethane).. 74-83-9 0.11 15
scrubber in the production of ethylene
dibromide via bromination of ethene.
Chloroform..................... 67-66-3 0.046 6.0
Ethylene dibromide (1,2- 106-93-4 0.028 15
Dibromoethane).
K118.......................................................... Spent absorbent solids from purification Methyl bromide (Bromomethane).. 74-83-9 0.11 15
of ethylene dibromide in the production
of ethylene dibromide via bromination of
ethene.
Chloroform..................... 67-66-3 0.046 6.0
Ethylene dibromide (1,2- 106-93-4 0.028 15
Dibromoethane).
K123.......................................................... Process wastewater (including supernates, NA............................. NA CMBST; or CHOXD fb CMBST
filtrates, and washwaters) from the (BIODG or CARBN)
production of ethylenebisdithiocarbamic
acid and its salts.
K124.......................................................... Reactor vent scrubber water from the NA............................. NA CMBST; or CHOXD fb CMBST
production of ethylenebisdithiocarbamic (BIODG or CARBN)
acid and its salts.
K125.......................................................... Filtration, evaporation, and NA............................. NA CMBST; or CHOXD fb CMBST
centrifugation solids from the (BIODG or CARBN)
production of ethylenebisdithiocarbamic
acid and its salts.
K126.......................................................... Baghouse dust and floor sweepings in NA............................. NA CMBST; or CHOXD fb CMBST
milling and packaging operations from (BIODG or CARBN)
the production or formulation of
ethylenebisdithiocarbamic acid and its
salts.
K131.......................................................... Wastewater from the reactor and spent Methyl bromide (Bromomethane).. 74-83-9 0.11 15
sulfuric acid from the acid dryer from
the production of methyl bromide.
[[Page 15630]]
K132.......................................................... Spent absorbent and wastewater separator Methyl bromide (Bromomethane).. 74-83-9 0.11 15
solids from the production of methyl
bromide.
K136.......................................................... Still bottoms from the purification of Methyl bromide (Bromomethane).. 74-83-9 0.11 15
ethylene dibromide in the production of
ethylene dibromide via bromination of
ethene.
Chloroform..................... 67-66-3 0.046 6.0
Ethylene dibromide (1,2- 106-93-4 0.028 15
Dibromoethane).
K140.......................................................... Waste solids and filter cartridges from 2,4,6-Tribromophenol........... 118-79-6 0.035 7.4
the production of 2,4,6-tribromophenol.
K141.......................................................... Process residues from the recovery of Benzene........................ 71-43-2 0.14 10
coal tar, including, but not limited to,
collecting sump residues from the
production of coke or the recovery of
coke by-products produced from coal.
This listing does not include K087
(decanter tank tar sludge from coking
operations).
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzo(a)pyrene................. 50-2-8 0.061 3.4
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from
benzo(k)fluoranthene).
Benzo(k)fluoranthene (difficult 207-08-9 0.11 6.8
to distinguish from
benzo(b)fluoranthene).
Chrysene....................... 218-01-9 0.059 3.4
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene......... 193-39-5 0.0055 3.4
K142.......................................................... Tar storage tank residues from the Benzene........................ 71-43-2 0.14 10
production of coke from coal or from the
recovery of coke by-products produced
from coal.
Benz(a)anthracene.............. 50-32-8 0.059 3.4
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from
benzo(k)fluoranthene).
Benzo(k)fluoranthene (difficult 207-08-9 0.11 6.8
to distinguish from
benzo(b)fluoranthene).
Chrysene....................... 218-01-9 0.059 3.4
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene......... 193-39-5 0.0055 3.4
K143.......................................................... Process residues from the recovery of Benzene........................ 71-43-2 0.14 10
light oil, including, but not limited
to, those generated in stills,
decanters, and wash oil recovery units
from the recovery of coke by-products
produced from coal.
Benz(a)anthracene.............. 56-55-3 0.059 3.4
[[Page 15631]]
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from benzo(k)
fluoranthene).
Benzo(k)fluoranthene (difficult 207-08-9 0.11 6.8
to distinguish from
benzo(b)fluoranthene).
Benzene........................ 71-43-2 0.14 10
Chrysene....................... 218-01-9 0.059 3.4
K144.......................................................... Wastewater sump residues from light oil Benz(a)anthracene.............. 56-55-3 0.059 3.4
refining, including, but not limited to,
intercepting or contamination sump
sludges from the recovery of coke by-
products produced from coal.
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from
benzo(k)fluoranthene).
Benzo(k)fluoranthene (difficult 207-08-9 0.11 6.8
to distinguish from
benzo(b)fluoranthene).
Chrysene....................... 218-01-9 0.059 3.4
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
K145.......................................................... Residues from naphthalene collection and Benzene........................ 71-43-2 0.14 10
recovery operations from the recovery of
coke by-products produced from coal.
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Chrysene....................... 218-01-9 0.059 3.4
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
Naphthalene.................... 91-20-3 0.059 5.6
K147.......................................................... Tar storage tank residues from coal tar Benzene........................ 71-43-2 0.14 10
refining.
Benz(a)anthracene.............. 56-55-3 0.059 3.4
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from
benzo(k)fluoranthene).
Benzo(k)fluoranthene (difficult 207-08-9 0.11 6.8
to distinguish from
benzo(b)fluoranthene).
Chrysene....................... 218-01-9 0.059 3.4
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene......... 193-39-5 0.0055 3.4
K148.......................................................... Residues from coal tar distillation, Benz(a)anthracene.............. 56-55-3 0.059 3.4
including, but not limited to, still
bottoms.
Benzo(a)pyrene................. 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult 205-99-2 0.11 6.8
to distinguish from
benzo(k)fluoranthene).
Benzo(k)fluoranthene (difficult 207-08-9 0.11 6.8
to distinguish from
benzo(b)fluoranthene).
Chrysene....................... 218-01-9 0.059 3.4
Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene......... 193-39-5 0.0055 3.4
[[Page 15632]]
K149.......................................................... Distillation bottoms from the production Chlorobenzene.................. 108-90-7 0.057 6.0
of alpha- (or methyl-) chlorinated Chloroform..................... 67-66-3 0.046 6.0
toluenes, ring-chlorinated toluenes, Chloromethane.................. 74-87-3 0.19 30
benzoyl chlorides, and compounds with p-Dichlorobenzene.............. 106-46-7 0.090 6.0
mixtures of these functional groups. Hexachlorobenzene.............. 118-74-1 0.055 10
(This waste does not include still Pentachlorobenzene............. 608-93-5 0.055 10
bottoms from the distillations of benzyl 1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
chloride.). Toluene........................ 108-88-3 0.080 10
K150.......................................................... Organic residuals, excluding spent carbon Carbon tetrachloride........... 56-23-5 0.057 6.0
adsorbent, from the spent chlorine gas Chloroform..................... 67-66-3 0.046 6.0
and hydrochloric acid recovery processes Chloromethane.................. 74-87-3 0.19 30
associated with the production of alpha- p-Dichlorobenzene.............. 106-46-7 0.090 6.0
(or methyl-) chlorinated toluenes, ring- Hexachlorobenzene.............. 118-74-1 0.055 10
chlorinated toluenes, benzoyl chlorides, Pentachlorobenzene............. 608-93-5 0.055 10
and compounds with mixtures of these 1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
functional groups. 1,1,2,2-Tetrachlorotehane...... 79-34-5 0.057 6.0
Tetrachloroethylene............ 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene......... 120-82-1 0.055 19
K151.......................................................... Wastewater treatment sludges, excluding Benzene........................ 71-43-2 0.14 10
neutralization and biological sludges, Carbon tetrachloride........... 56-23-5 0.057 6.0
generated during the treatment of Chloroform..................... 67-66-3 0.046 6.0
wastewaters from the production of alpha- Hexachlorobenzene.............. 118-74-1 0.055 10
(or methyl-) chlorinated toluenes, ring- Pentachlorobenzene............. 608-93-5 0.055 10
chlorinated toluenes, benzoyl chlorides, 1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
and compounds with mixtures of these Tetrachloroethylene............ 127-18-4 0.056 6.0
functional groups. Toluene........................ 108-88-3 0.080 10
K156.......................................................... Organic waste (including heavy ends, Acetone........................ 67-64-1 0.28 160
still bottoms, light ends, spent Acetonitrile................... 75-05-8 5.6 1.8
solvents, filtrates, and decantates) Acetophenone................... 96-86-2 0.010 9.7
from the production of carbamates and Aniline........................ 62-53-3 0.81 14
carbamoyl oximes. Benomyl........................ 17804-35-2 0.056 1.4
Benzene........................ 71-43-2 0.14 10
Carbaryl....................... 63-25-21 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
Hexane......................... 110-54-3 0.611 10
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
Methyl isobutyl ketone......... 108-10-1 0.14 33
Naphthalene.................... 91-20-3 0.059 5.6
Phenol......................... 108-95-2 0.039 6.2
Pyridine....................... 110-86-1 0.014 16
[[Page 15633]]
Toluene........................ 108-88-3 0.080 10
Triethylamine.................. 121-44-8 0.081 1.5
Xylenes (total)................ 1330-20-7 0.32 30
K157.......................................................... Wastewaters (including scrubber waters, Acetone........................ 67-64-1 0.28 160
condenser waters, washwaters, and Carbon tetrachloride........... 56-23-5 0.057 6.0
separation waters) from the production Chloroform..................... 67-66-3 0.046 6.0
of carbamates and carbamoyl oximes. Chloromethane.................. 74-87-3 0.19 30
Methanol....................... 67-56-1 5.6 0.75 mg/l TCLP
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
Methyl isobutyl ketone......... 108-10-1 0.14 33
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 Benomyl........................ 17804-35-2 0.056 1.4
solids from the production of carbamates
and carbamoyl oximes.
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
Hexane......................... 110-54-3 0.611 10
Methanol....................... 67-56-1 5.6 0.75 mg/l TCLP
Methylene chloride............. 75-09-2 0.089 30
Phenol......................... 108-95-2 0.039 6.2
Xylenes (total)................ 1330-20-7 0.32 30
K159.......................................................... Organics from the treatment of Benzene........................ 71-43-2 0.14 10
thiocarbamate wastes. Butylate....................... 2008-41-5 0.003 1.5
EPTC (Eptam)................... 759-94-4 0.003 1.4
Molinate....................... 2212-67-1 0.003 1.4
Pebulate....................... 1114-71-2 0.003 1.4
Thiocarbamate, N.O.S........... NA 0.003 1.4
Vernolate...................... 1929-77-7 0.003 1.4
K160.......................................................... Solids (including filter wastes, Butylate....................... 2008-41-5 0.003 1.5
separation solids, and spent catalysts) EPTC (Eptam)................... 759-94-4 0.003 1.4
from the production of thiocarbamates Molinate....................... 2212-67-1 0.003 1.4
and solids from the treatment of Pebulate....................... 1114-71-2 0.003 1.4
thiocarbamate wastes. Thiocarbamate, N.O.S........... NA 0.003 1.4
Toluene........................ 108-88-3 0.080 10
Vernolate...................... 1929-77-7 0.003 1.4
Xylenes (total)................ 1330-20-7 0.32 30
K161.......................................................... Purification solids (including Antimony....................... 7440-36-0 1.9 2.1 mg/l TCLP
filtration, evaporation, and Carbon disulfide............... 75-15-0 3.8 4.8 mg/l TCLP
centrifugation solids), baghouse dust Dithiocarbamates, total........ NA 0.028 28
and floor sweepings from the production Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
of dithiocarbamate acids and their salts. Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Selenium....................... 7782-49-2 0.82 016 mg/l TCLP
Xylenes (total)................ 1330-20-7 0.32 30
P001.......................................................... Warfarin, & salts, when present at Warfarin....................... 81-81-2 (WETOX or CHOXD) CMBST
concentrations greater than 0.3%. fb CARBN; or CBMST
[[Page 15634]]
P002.......................................................... 1-Acetyl-2-thiourea...................... 1-Acetyl-2-thiourea............ 591-08-2 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P003.......................................................... Acrolein................................. Acrolein....................... 107-02-8 0.29 CMBST
P004.......................................................... Aldrin................................... Aldrin......................... 309-00-2 0.021 0.066
P005.......................................................... Allyl alcohol............................ Allyl alcohol.................. 107-18-6 (WETOX or CHOXD) CMBST
fb CARBN. or CBMST
P006.......................................................... Aluminum phosphide....................... Aluminum phosphide............. 20859-73-8 CHOXD; CHRED; or CHOXD; CHRED; or
CMBST CMBST
P007.......................................................... 5-Aminomethyl e-isoxazoloe............... 5-Aminomethyl e-isoxazoloe..... 2763-96-4 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P008.......................................................... 4-Aminopyridine.......................... 4-Aminopyridine................ 504-24-5 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P009.......................................................... Ammonium picrate......................... Ammonium picrate............... 131-74-8 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; BIODG; or CMBST
CMBST
P010.......................................................... Arsenic acid............................. Arsenic........................ 7440-38-2 1.4 50 mg/l TCLP
P011.......................................................... Arsenic pentoxide........................ Arsenic........................ 7440-38-2 1.4 50 mg/l TCLP
P012.......................................................... Arsenic trioxide......................... Arsenic........................ 7440-38-2 1.4 50 mg/l TCLP
P013.......................................................... Barium cyanide........................... Barium......................... 7440-39-3 NA 7.6 mg/l TCLP
Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
P014.......................................................... Thiophenol (Benzene thiol)............... Thiophenol (Benzene thiol)..... 108-98-5 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P015.......................................................... Beryllium dust........................... Beryllium...................... 7440-41-7 RMETL, or RTHRM RMETL; or RTHRM
P016.......................................................... Dichloromethyl ether Dichloromethyl ether........... 542-88-1 (WETOX or CHOXD) CMBST
(Bis(chloromethyl)ether). fb CARBN; or CBMST
P017.......................................................... Bromoacetone............................. Bromoacetone................... 598-31-2 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P018.......................................................... Brucine.................................. Brucine........................ 357-57-3 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
[[Page 15635]]
P020.......................................................... 2-sec-Butyl-4,6-dinitrophenol (Dinoseb).. 2-sec-Butyl-4,6-dinitrophenol 88-85-7 0.066 2.5
(Dinoseb).
P021.......................................................... Calcium cyanide.......................... Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
P022.......................................................... Carbon disulfide......................... Carbon disulfide............... 75-15-0 3.8 CMBST
Carbon disulfide; alternate \6\ 75-15-0 NA 4.8 mg/l TCLP
standard for nonwastewaters
only.
P023.......................................................... Choloracetaldehyde....................... Choloracetaldehyde............. 107-20-0 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P024.......................................................... p-Chloroaniline.......................... p-Chloroaniline................ 106-47-8 0.46 16
P026.......................................................... 1-(o-Cholorphenyl)thiourea............... 1-(o-Cholorphenyl)thiourea..... 5344-82-1 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P027.......................................................... 3-Chloropropionitrile.................... 3-Chloropropionitrile.......... 542-76-7 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P028.......................................................... Benzyl chloride.......................... Benzyl chloride................ 100-44-7 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P029.......................................................... Copper cyanide........................... Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
P030.......................................................... Cyanides (soluble salts and complexes)... Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
P031.......................................................... Cyanogen................................. Cyanogen....................... 460-19-5 CHOXD; WETOX; or CHOXD; WETOX; or
CMBST CMBST
P033.......................................................... Cyanogen chloride........................ Cyanogen chloride.............. 506-77-4 CHOXD; WETOX; or CHOXD; WETOX; or
CMBST CMBST
P034.......................................................... 2-Cyclohexly-4,6-dinitrophenol........... 2-Cyclohexly-4,6-dinitrophenol. 131-89-5 (WETOX or CHOXD) CMBST
fb CARBN; or CBMST
P036.......................................................... Dichlorophenylarsine..................... Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
P037.......................................................... Dieldrin................................. Dieldrin....................... 60-57-1 0.017 0.13
P038.......................................................... Diethylarsine............................ Arsenic........................ 7440-38-2 1.4 50 mg/l TCLP
P039.......................................................... Disulfoton............................... Disulfoton..................... 298-04-4 0.017 6.2
P040.......................................................... 0,0-Diethyl O-pyrazinyl phosphorothioate. 0,0-Diethyl O-pyrazinyl 297-97-2 CARBN; or CMBST CMBST
phosphorothioate.
P041.......................................................... Diethyl-p-nitrophenyl phosphate.......... Diethyl-p-nitrophenyl phosphate 311-45-5 CARBN; or CMBST CMBST
P042.......................................................... Epinephrine.............................. Epinephrine.................... 51-43-4 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P043.......................................................... Diisopropylfluorophosphate (DFP)......... Diisopropylfluorophosphate 55-91-4 CARBN; or CMBST CMBST
(DFP).
P044.......................................................... Dimethoate............................... Dimethoate..................... 60-51-5 CARBN; or CMBST CMBST
P045.......................................................... Thiofanox................................ Thiofanox...................... 39196-18-4 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
[[Page 15636]]
P046.......................................................... alpha, alpha-Dimethylphenethylamine...... alpha, alpha- 122-09-8 (WETOX or CHOXD) CMBST
Dimethylphenethylamine. fb CARBN; or CMBST
P047.......................................................... 4,6-Dinitro-o-cresol..................... 4,6-Dinitro-o-cresol........... 543-52-1 0.28 160
4,6-Dinitro-o-cresol salts............... NA............................. NA (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P048.......................................................... 2,4-Dinitrophenol........................ 2,4-Dinitrophenol.............. 51-28-5 0.12 160
P049.......................................................... Dithiobiuret............................. Dithiobiuret................... 541-53-7 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P050.......................................................... Endosulfan............................... Endosulfan I................... 939-98-8 0.023 0.066
Endosulfan II.................. 33213-6-5 0.029 0.13
Endosulfan sulfate............. 1031-07-8 0.029 0.13
P051.......................................................... Endrin................................... Endrin......................... 72-20-8 0.0028 0.13
Endrin aldehyde................ 7421-93-4 0.025 0.13
P054.......................................................... Aziridine................................ Aziridine...................... 151-56-4 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P056.......................................................... Fluorine................................. Fluorine (measured in 16964-48-8 35 ADGAS fb NEUTR
wastewaters only).
P057.......................................................... Fluoroacetamide.......................... Fluoroacetamide................ 640-19-7 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P058.......................................................... Fluoroacetic acid, sodium salt........... Fluoroacetic acid, sodium salt. 62-74-8 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P059.......................................................... Heptachlor............................... Heptachlor..................... 76-44-8 0.0012 0.066
Heptachlor epoxide............. 1024-57-3 0.016 0.066
P060.......................................................... Isodrin.................................. Isodrin........................ 465-73-6 0.021 0.066
P062.......................................................... Hexaethyl tetraphosphate................. Hexaethyl tetraphosphate....... 757-58-4 CARBN; or CMBST CMBST
P063.......................................................... Hydrogen cyanide......................... Cyandies (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
P064.......................................................... Isocyanic acid, ethyl ester.............. Isocyanic acid, ethyl ester.... 624-83-9 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P065.......................................................... Mercury fulminate nonwastewaters, Mercury........................ 7439-97-6 NA IMERC
regardless of their total mercury
content, that are not incinerator
residues or are not residues from RMERC.
[[Page 15637]]
Mercury fulminate nonwastewaters that are Mercury........................ 7339-97-6 NA RMERC
either incinerator residues or are
residues from RMERC; and contain greater
than or equal to 260 mg/kg total mercury.
Mercury fulminate nonwastewaters that are Mercury........................ 7439-97-6 NA 0.20 mg/l TCLP
residues from RMERC and contain less
than 260 mg/kg total mercury.
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
Mercury fulminate nonwastewaters that are Mercury........................ 7439-97-6 NA 0.025 mg/l TCLP
incinerator residues and contain less
than 260 mg/kg total mercury.
All mercury fulminate wastewaters........ Mercury........................ 7439-97-6 0.15 NA
P066.......................................................... Methomyl................................. Methomyl....................... 16752-77-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P067.......................................................... 2-Methyl-aziridine....................... 2-Methyl-aziridine............. 75-55-8 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P068.......................................................... Methyl hydrazine......................... Methyl hydrazine............... 60-34-4 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; BIODG; or CMBST
CMBST
P069.......................................................... 2-Methyllactonitrile..................... 2-Methyllactonitrile........... 75-86-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P070.......................................................... Aldicarb................................. Aldicarb....................... 116-06-3 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P071.......................................................... Methyl parathion......................... Methyl parathion............... 298-00-0 0.014 4.6
P072.......................................................... 1-Naphthyl-2-thiourea.................... 1-Naphthyl-2-thiourea.......... 86-88-4 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P073.......................................................... Nickel carbonyl.......................... Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
P074.......................................................... Nickel-cyanide........................... Cyanides (Total)\7\............ 57-12-5 1.2 590
Cyanides (Total)\7\............ 57-12-5 0.86 30
Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
P075.......................................................... Nicotine and salts....................... Nicotine and salts............. 54-11-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P076.......................................................... Nitric oxide............................. Nitric oxide................... 10102-43-9 ADGAS ADGAS
P077.......................................................... p-Nitroaniline........................... p-Nitroaniline................. 100-01-6 0.028 28
P078.......................................................... Nitrogen dioxide......................... Nitrogen dioxide............... 10102-44-0 ADGAS ADGAS
P081.......................................................... Nitroglycerin............................ Nitroglycerin.................. 55-63-0 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; BIODG; or CMBST
CMBST
P082.......................................................... N-Nitrosodimethylamine................... N-Nitrosodimethylamine......... 62-75-9 0.40 2.3
P084.......................................................... N-Nitrosomethylvinylamine................ N-Nitrosomethylvinylamine...... 4549-40-0 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P085.......................................................... Octamethylpyrophosphoramide.............. Octamethylpyrophosphoramide.... 152-16-9 CARBN; OR CMBST CMBST
P087.......................................................... Osmium tectroxide........................ Osmium tectroxide.............. 20816-12-0 RMETL; or RTHRM RMETL; or RTHRM
[[Page 15638]]
P088.......................................................... Endothall................................ Endothall...................... 145-73-3 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P089.......................................................... Parathion................................ Parathion...................... 56-38-2 0.014 4.6
P092.......................................................... Phenyl mercuric acetate nonwastewaters, Mercury........................ 7439-97-6 NA IMERC; or RMERC
regardless of their total mercury
content, that are not incinerator
residues or are not residues from RMERC.
Phenyl mercuric acetate nonwastewaters Mercury........................ 7439-97-6 NA RMERC
that are either incinerator residues or
are residues from RMERC; and still
contain greater than or equal to 260 mg/
kg total mercury.
Phenyl mercuric acetate nonwastewaters Mercury........................ 7439-97-6 NA 0.20 mg/l TCLP
that are residues from RMERC and contain
less than 160 mg/kg total mercury.
Phenyl mercuric acetate nonwastewaters Mercury........................ 7439-97-6 NA 0.025 mg/l TCLP
that are incinerator residues and
contain less then 260 mg/kg total
mercury.
All phenyl mercuric acetate wastewaters.. Mercury........................ 7439-97-6 0.15 NA
P093.......................................................... Phenythiouea............................. Phenythiouea................... 103-85-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P094.......................................................... Phorate.................................. Phorate........................ 298-02-2 0.021 4.6
P095.......................................................... Phosgene................................. Phosgene....................... 75-44-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P096.......................................................... Phosphine................................ Phosphine...................... 7803-51-2 CHOXD; CHRED; or CHOXD; CHRED; or
CMBST CMBST
P097.......................................................... Famphur.................................. Famphur........................ 52-85-7 0.017 15
P098.......................................................... Potassium cyanide........................ Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 .086 30
Potasslum silver cyanide................. Cyanides (Total) \7\........... 57-12-5 1.2 590
P099.......................................................... Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Silver......................... 7440-22-4 .043 0.30 mg/l TCLP
P0101......................................................... Ethyl cyanide (Propanenitrile)........... Ethyl cyanide (Propanenitrile). 107-12-0 0.24 360
P0102......................................................... Propargyl alcohol........................ Propargyl alcohol.............. 107-19-7 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P0103......................................................... Selenourea............................... Selenium....................... 7782-49-2 0.82 0.16 mg/l TCLP
P0104......................................................... Silver cyanide........................... Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
Silver......................... 7440-22-4 0.43 0.30 mg/l TCLP
[[Page 15639]]
P0105......................................................... Sodium azide............................. Sodium azide................... 26628-22-8 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; BIODG; or CMBST
CMBST
P0106......................................................... Sodium cyanide........................... Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
P0108......................................................... Strychnine and salts..................... Strychnine and salts........... 57-24-9 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P109.......................................................... Tetraethyldithiopyrophosphate............ Tetraethyldithiopyrophosphate.. 3689-24-5 CARBN; or CMBST CMBST
P110.......................................................... Tetraethyl lead.......................... Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
P111.......................................................... Tetraethylpyrophosphate.................. Tetraethylpyrophosphate........ 107-49-3 CARBN; or CMBST CMBST
P112.......................................................... Tetranitromethane........................ Tetranitromethane.............. 509-14-8 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; BIODG; or CMBST
CMBST
P113.......................................................... Thallic oxide............................ Thallium (measured in 7440-28-0 1.4 RTHRM; or STABL
wastewaters only).
P114.......................................................... Thallium selenite........................ Selenium....................... 7782-49-2 0.82 0.16 mg/l TCLP
P115.......................................................... Thallium (l) sulfate..................... Thallium (measured in 7440-28-0 1.4 RTHRM; or STABL
wastewaters only).
P116.......................................................... Thiosemicarbazide........................ Thiosemicarbazide.............. 79-19-6 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P118.......................................................... Trichloromethanethiol.................... Trichloromethanethiol.......... 75-70-7 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
P119.......................................................... Ammonium vanadate........................ Vanadium (measured in 7440-62-2 4.3 STABL
wastewaters only).
P120.......................................................... Vandium pentoxide........................ Vanadium (measured in 7440-62-2 4.3 STABL
wastewaters only).
P121.......................................................... Zinc cyanide............................. Cyanides (Total) \7\........... 57-12-5 1.2 590
Cyanides (Amenable) \7\........ 57-12-5 0.86 30
P122.......................................................... Zinc phosphide Zn3P2, when present at Zinc Phosphide................. 1314-84-7 CHOXD; CHRED; or CHOXD; CHRED; or
concentrations greater than 10%. CMBST CMBST
P123.......................................................... Toxaphene................................ Toxaphene...................... 8001-35-2 0.0095 2.6
P127.......................................................... Carbofuran............................... Carbofuran..................... 1563-66-2 0.006 0.14
P128.......................................................... Mexacarbate.............................. Mexacarbate.................... 315-18-4 0.056 1.4
P185.......................................................... Tirpate.................................. Tirpate........................ 26419-73-8 0.056 0.28
P187.......................................................... Bendiocarb............................... Bendiocarb..................... 22781-23-3 0.056 1.4
P188.......................................................... Physostigimine salicylate................ Physostigmine salicylate....... 57-64-7 0.056 1.4
P189.......................................................... Carbosulfan.............................. Carbosulfan.................... 55285-14-8 0.028 1.4
P190.......................................................... Metolcarb................................ Metolcarb...................... 1129-41-5 0.056 1.4
P191.......................................................... Dimetilan................................ Dimetilan...................... 644-64-4 0.056 1.4
P192.......................................................... Isolan................................... Isolan......................... 119-38-0 0.056 1.4
P193.......................................................... Thiophanate-methyl....................... Thiophanate-methyl............. 23564-05-8 0.056 1.4
P194.......................................................... Oxamyl................................... Oxamyl......................... 23135-22-0 0.056 0.28
P195.......................................................... Thiodicarb............................... Thiodicarb..................... 59669-26-0 0.019 1.4
P196.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
P197.......................................................... Formparanate............................. Formparanate................... 17702-57-7 0.056 1.4
P198.......................................................... Formetanate hydrochloride................ Formetanate hydrochloride...... 23422-53-9 0.056 1.4
P199.......................................................... Methiocarb............................... Methiocarb..................... 2032-65-7 0.056 1.4
P200.......................................................... Propoxur................................. Propoxur....................... 114-26-1 0.056 1.4
P201.......................................................... Promecarb................................ Promecarb...................... 2631-37-0 0.056 1.4
P202.......................................................... Hercules AC-5727......................... Hercules AC-5727............... 64-00-6 0.056 1.4
[[Page 15640]]
P203.......................................................... Aldicarb sulfone......................... Aldicarb sulfone............... 1646-88-4 0.056 0.28
P204.......................................................... Physostigmine............................ Physostigmine.................. 57-47-6 0.056 1.4
P205.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U001.......................................................... Acetaldehyde............................. Acetaldehyde................... 75-07-0 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U002.......................................................... Acetone.................................. Acetone........................ 67-64-1 0.28 160
U003.......................................................... Acetonitrile............................. Acetonitrile................... 75-05-8 5.6 CMBST
Acetonitrile; alternate\6\ 75-05-8 NA 1.8
standard for nonwastewaters
only.
U004.......................................................... Acetophenone............................. Acetophenone................... 98-86-2 0.010 9.7
U005.......................................................... 2-Acetylaminofluorene.................... 2-Acetylaminofluorene.......... 53-96-3 0.059 140
U006.......................................................... Acetyl chloride.......................... Acetyl Chloride................ 75-36-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U007.......................................................... Acrylamide............................... Acrylamide..................... 79-06-1 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U008.......................................................... Acrylic acid............................. Acrylic acid................... 79-10-7 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U009.......................................................... Acrylonitrile............................ Acrylonitrile.................. 107-13-1 0.24 84
U010.......................................................... Mitomycin C.............................. Mitomycin C.................... 50-07-7 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U011.......................................................... Amitrole................................. Amitrole....................... 61-82-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U012.......................................................... Aniline.................................. Aniline........................ 62-53-3 0.81 14
U014.......................................................... Auramine................................. Auramine....................... 492-80-8 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U015.......................................................... Azaserine................................ Azaserine...................... 115-02-6 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U016.......................................................... Benz(c)acridine.......................... Benz(c)acridine................ 225-51-4 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
[[Page 15641]]
U017.......................................................... Benzal chloride.......................... Benzal chloride................ 98-87-3 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U018.......................................................... Benz(a)anthracene........................ Benz(a)anthracene.............. 56-55-3 0.059 3.4
U019.......................................................... Benzene.................................. Benzene........................ 71-43-2 0.14 10
U020.......................................................... Benzenesulfonyl chloride................. Benzenesulfonyl chloride....... 98-09-9 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U021.......................................................... Benzidine................................ Benzidine...................... 92-87-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U022.......................................................... Benzo(a)pyrene........................... Benzo(a)pyrene................. 50-32-8 0.061 3.4
U023.......................................................... Benzotrichloride......................... Benzotrichloride............... 98-07-7 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; BIODG; or CMBST
CMBST
U024.......................................................... bis(2-Chloroethoxy)methane............... bis(2-Chloroethoxy)methane..... 111-91-1 0.036 7.2
U025.......................................................... bis(2-Chloroethyl)ether.................. bis(2-Chloroethyl)ether........ 111-44-4 0.033 6.0
U026.......................................................... Chlornaphazine........................... Chlornaphazine................. 494-03-1 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U027.......................................................... bis(2-Chloroisopropyl)ether.............. bis(2-Chloroisopropyl)ether.... 39638-32-9 (WETOX or CHOXD) 7.2
fb CARBN; or CMBST
U028.......................................................... bis(2-Ethylhexyl) phthalate.............. bis(2-Ethylhexyl) phthalate.... 117-81-7 0.28 28
U029.......................................................... Methyl bromide (Bromomethane)............ Methyl bromide (Bromomethane).. 74-83-9 0.11 15
U030.......................................................... 4-Bromophenyl phenyl ether............... 4-Bromophenyl phenyl ether..... 101-55-3 0.055 15
U031.......................................................... n-Butyl alcohol.......................... n-Butyl alcohol................ 71-36-3 5.6 2.6
U032.......................................................... Calcium chromate......................... Chromium (Total)............... 7440-47-3 2.77 0.86 mg/l TCLP
U033.......................................................... Carbon oxyfluoride....................... Carbon oxyfluoride............. 353-50-4 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U034.......................................................... Trichloroacetaldehyde (Chloral).......... Trichloroacetaldehyde (Chloral) 75-87-6 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U035.......................................................... Chlorambucil............................. Chlorambucil................... 305-03-3 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U036.......................................................... Chlordane................................ Chlordane (alpha and gamma 57-74-9 0.0033 0.26
isomers).
U037.......................................................... Chlorobenzene............................ Chlorobenzene.................. 108-90-7 0.057 6.0
U038.......................................................... Chlorobenzilate.......................... Chlorobenzilate................ 510-15-6 0.10 CMBEST
U039.......................................................... p-Chloro-m-cresol........................ p-Chloro-m-cresol.............. 59-50-7 0.018 14
U041.......................................................... Epichlorohydrin (1-Chloro-2,3- Epichlorohydrin (1-Chloro-2,3- 106-89-8 (WETOX or CHOXD) CMBST
epoxypropane). epoxypropane). fb CARBN; or CMBST
U042.......................................................... 2-Chloroethyl vinyl ether................ 2-Chloroethyl vinyl ether...... 110-75-8 0.062 CMBST
U043.......................................................... Vinyl chloride........................... Vinyl chloride................. 75-01-4 0.27 6.0
U044.......................................................... Chloroform............................... Chloroform..................... 67-66-3 0.046 6.0
U045.......................................................... Chloromethane (Methyl chloride).......... Chloromethane (Methyl chloride) 74-87-3 0.19 30
[[Page 15642]]
U046.......................................................... Chloromethyl methyl ether................ Chloromethyl methyl ether...... 107-30-2 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U047.......................................................... 2-Chloronaphthalene...................... 2-Chloronaphthalene............ 91-58-7 0.055 5.6
U048.......................................................... 2-Chlorophenol........................... 2-Chlorophenol................. 95-57-8 0.044 5.7
U049.......................................................... 4-Chloro-o-toluidine hydrochloride....... 4-Chloro-o-toluidine 3165-93-3 (WETOX or CHOXD) CMBST
hydrochloride. fb CARBN; or CMBST
U050.......................................................... Chrysene................................. Chrysene....................... 218-01-9 0.059 3.4
U051.......................................................... Creosote................................. Naphthalene.................... 91-20-3 0.059 5.6
Pentachlorophenol.............. 87-86-5 0.089 7.4
Phenanthrene................... 85-01-8 0.059 5.6
Pyrene......................... 129-00-0 0.067 8.2
Toluene........................ 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
U052.......................................................... Cresols (Cresylic acid).................. o-Cresol....................... 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from p-cresol).
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from m-cresol).
Cresol-mixed isomers (Cresylic 1319-77-3 0.88 11.2
acid) (sum of o-, m-, and p-
cresol concentrations).
U053.......................................................... Crotonaldehyde........................... Crotonaldehyde................. 4170-30-3 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U055.......................................................... Cumene................................... Cumene......................... 98-82-8 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U056.......................................................... Cyclohexane.............................. Cyclohexane.................... 110-82-7 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U057.......................................................... Cyclohexanone............................ Cyclohexanone.................. 108-94-1 0.36 CMBST
Cyclohexanone; alternate \6\ 108-94-1 NA 0.75 mg/l TCLP
standard for nonwastewaters
only.
U058.......................................................... Cyclophosphamide......................... Cyclophosphamide............... 50-18-0 CARBN; or CMBST CMBST
[[Page 15643]]
U059.......................................................... Daunomycin............................... Daunomycin..................... 20830-81-3 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U060.......................................................... DDD...................................... o,p'-DDD....................... 53-19-0 0.023 0.087
p,p'-DDD....................... 72-54-8 0.023 0.087
U061.......................................................... DDT...................................... o,p'-DDT....................... 789-02-6 0.0039 0.087
p,p'-DDT....................... 50-29-3 0.0039 0.087
o,p'-DDD....................... 53-19-0 0.023 0.087
p,p'-DDD....................... 72-54-8 0.023 0.087
o,p'-DDE....................... 3424-82-6 0.031 0.087
p,p'-DDE....................... 72-55-9 0.031 0.087
U062.......................................................... Diallate................................. Diallate....................... 2303-16-4 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U063.......................................................... Dibenz(a,h)anthracene.................... Dibenz(a,h)anthracene.......... 53-70-3 0.055 8.2
U064.......................................................... Dibenz(a,i)pyrene........................ Dibenz(a,i)pyrene.............. 189-55-9 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U066.......................................................... 1,2-Dibromo-3-chloropropane.............. 1,2-Dibromo-3-chloropropane.... 96-12-8 0.11 15
U067.......................................................... Ethylene dibromide (1,2-Dibromoethane)... Ethylene dibromide (1,2- 106-93-4 0.028 15
Dibromoethane).
U068.......................................................... Dibromomethane........................... Dibromomethane................. 74-95-3 0.11 15
U069.......................................................... Di-n-butyl phthalate..................... Di-n-butyl phthalate........... 84-74-2 0.057 28
U070.......................................................... o-Dichlorobenzene........................ o-Dichlorobenzene.............. 95-50-1 0.088 6.0
U071.......................................................... m-Dichlorobenzene........................ m-Dichlorobenzene.............. 541-73-1 0.036 6.0
U072.......................................................... p-Dichlorobenzene........................ p-Dichlorobenzene.............. 106-46-7 0.090 6.0
U073.......................................................... 3,3'-Dichlorobenzidine................... 3,3'-Dichlorobenzidine......... 91-94-1 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U074.......................................................... 1,4-Dichloro-2-butene.................... cis-1,4-Dichloro-2-butene...... 1476-11-5 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
trans-1,4-Dichloro-2-butene.... 764-41-0 (WETOX or CHOXD) CMBST
fb CARBN; or CMBST
U075.......................................................... Dichlorodifluoromethane.................. Dichlorodifluoromethane........ 75-71-8 0.23 7.2
U076.......................................................... 1,1-Dichloroethane....................... 1,1-Dichloroethane............. 75-34-3 0.059 6.0
U077.......................................................... 1,2-Dichloroethane....................... 1,2-Dichloroethane............. 107-06-2 0.21 6.0
U078.......................................................... 1,1-Dichloroethylene..................... 1,1-Dichloroethylene........... 75-35-4 0.025 6.0
U079.......................................................... 1,2-Dichloroethylene..................... trans-1,2-Dichloroethylene..... 156-60-5 0.054 30
U080.......................................................... Methylene chloride....................... Methylene chloride............. 75-09-2 0.089 30
U081.......................................................... 2,4-Dichlorophenol....................... 2,4-Dichlorophenol............. 120-83-2 0.044 14
U082.......................................................... 2,6-Dichlorophenol....................... 2,6-Dichlorophenol............. 87-65-0 0.044 14
U083.......................................................... 1,2-Dichloropropane...................... 1,2-Dichloropropane............ 78-87-5 0.85 18
U084.......................................................... 1,3-Dichloroproplyene.................... cis-1,3-Dichloroproplyene...... 10061-01-5 0.036 18
trans-1,3-Dichloroproplyene.... 10061-02-6 0.036 18
U085.......................................................... 1,2:3,4-Diepoxybutane.................... 1,2:3,4-Diepoxybutane.......... 1464-53-5 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
[[Page 15644]]
U086.......................................................... N,N'-Diethylhydrazine.................... N,N'-Diethylhydrazine.......... 1615-80-1 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; CMBST
BIODG; or CMBST
U087.......................................................... O,O-Diethyl S-methyldithiophosphate...... O,O-Diethyl S- 3288-58-2 CARBN; CMBST CMBST
methyldithiophosphate.
U088.......................................................... Diethyl phthalate........................ Diethyl phthalate.............. 84-66-2 0.20 28
U089.......................................................... Diethyl stilbestrol...................... Diethyl stilbestrol............ 56-53-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U090.......................................................... Dihydrosafrole........................... Dihydrosafrole................. 94-58-6 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U091.......................................................... 3,3'-Dimethoxybenzidine.................. 3,3'-Dimethoxybenzidine........ 119-90-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U092.......................................................... Dimethylamine............................ Dimethylamine.................. 124-40-3 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U093.......................................................... p-Dimethylaminoazobenzene................ p-Dimethylaminoazobenzene...... 60-11-7 0.13 CMBST
U094.......................................................... 7,12-Dimethylibenz(a)anthracene.......... 7,12-Dimethylbenz(a)anthracene. 57-97-6 (WETOX or CHOXD) CMBST
fb CMBST
CARBN; or CMBST
U095.......................................................... 3,3'-Dimethylbenzidine................... 3,3'-Dimethylbenzidine......... 119-93-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U096.......................................................... alpha, alpha-Dimethyl benzyl alpha, alpha-Dimethyl benzyl 80-15-9 CHOXD; CHRED; CHOXD; CHRED; or
hydroperoxide. hydroperoxide. CARBN; CMBST
BIODG; or CMBST
U097.......................................................... Dimethylcarbamoyl chloride............... Dimethylcarbamoyl chloride..... 79-44-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U098.......................................................... 1,1-Dimethylhydrazine.................... 1,1-Dimethylhydrazine.......... 57-14-7 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; CMBST
BIODG; or CMBST
[[Page 15645]]
U099.......................................................... 1,2-Dimethylhydrazine.................... 1,2-Dimethylhydrazine.......... 540-73-8 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; CMBST
BIODG; or CMBST CHOXD, CHRED; or
CMBST
U101.......................................................... 2,4-Dimethylphenol....................... 2,4-Dimethylphenol............. 105-67-9 0.036 14
U102.......................................................... Dimethyl phthalate....................... Dimethyl phthalate............. 131-11-3 0.047 28
U103.......................................................... Dimethyl sulfate......................... Dimethyl sulfate............... 77-78-1 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; CMBST
BIODG; or CMBST
U105.......................................................... 2,4-Dinitrotoluene....................... 2,4-Dinitrotoluene............. 121-14-2 0.32 140
U106.......................................................... 2,6-Dinitrotoluene....................... 2,6-Dinitrotoluene............. 606-20-2 0.55 28
U108.......................................................... 1,4-Dioxane.............................. 1,4-Dioxane.................... 123-91-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
1,4-Dioxane; alternate \6\ 123-91-1 NA 170
standard for nonwastewaters
only.
U109.......................................................... 1,2-Diphenylhydrazine.................... 1,2-Diphenylhydrazine.......... 122-66-7 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; CMBST
BIODG; or CMBST
1,2-Diphenylhydrazine; 122-66-7 0.087 NA
alternate \6\ standard for
wastewaters only.
U110.......................................................... Dipropylamine............................ Dipropylamine.................. 142-84-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U111.......................................................... Di-n-propylnitrosamine................... Di-n-propylnitrosamine......... 621-64-7 0.40 14
U112.......................................................... Ethyl acetate............................ Ethyl acetate.................. 141-78-6 0.34 33
U113.......................................................... Ethyl acrylate........................... Ethyl acrylate................. 140-88-5 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U114.......................................................... Ethylenebisdithiocarbamic acid salts and Ethylenebisdithiocarbamic acid. 111-54-6 (WETOX or CHOXD) CMBST
esters. fb
CARBN; or CMBST
U115.......................................................... Ethylene oxide........................... Ethylene oxide................. 75-21-8 (WETOX or CHOXD) CHOXD; or CMBST
fb
CARBN; or CMBST
Ethylene oxide; alternate \6\ 75-21-8 0.12 NA
standard for wastewaters only.
U116.......................................................... Ethylene thiourea........................ Ethylene thiourea.............. 96-45-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U117.......................................................... Ethyl ether.............................. Ethyl ether.................... 60-29-7 0.12 160
U118.......................................................... Ethyl methacrylate....................... Ethyl methacrylate............. 97-63-2 0.14 160
U119.......................................................... Ethyl methane sulfonate.................. Ethyl methane sulfonate........ 62-50-0 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U120.......................................................... Fluoranthene............................. Fluoranthene................... 206-44-0 0.068 3.4
U121.......................................................... Trichloromonofluoromethane............... Trichloromonofluoromethane..... 75-69-4 0.020 30
[[Page 15646]]
U122.......................................................... Formaldehyde............................. Formaldehyde................... 50-00-0 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U123.......................................................... Formic acid.............................. Formic acid.................... 64-18-6 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U124.......................................................... Furan.................................... Furan.......................... 110-00-9 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U125.......................................................... Furfural................................. Furfural....................... 98-01-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U126.......................................................... Glycidylaldehyde......................... Glycidylaldehyde............... 765-34-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U127.......................................................... Hexachlorobenzene........................ Hexachlorobenzene.............. 118-74-1 0.055 10
U128.......................................................... Hexachlorobutadiene...................... Hexachlorobutadiene............ 87-68-3 0.055 5.6
U129.......................................................... Lindane.................................. alpha-BHC...................... 319-84-6 0.00014 0.066
beta-BHC....................... 319-85-7 0.00014 0.066
delta-BHC.....................
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
. 319-86-8 0.023 0.066
gamma-BHC (Lindane)............ 58-89-9 0.0017 0.066
U130.......................................................... Hexachlorocyclopentadiene................ Hexachlorocyclopentadiene...... 77-47-4 0.057 2.4
U131.......................................................... Hexachloroethane......................... Hexachloroethane............... 67-72-1 0.055 30
U132.......................................................... Hexachlorophene.......................... Hexachlorophene................ 70-30-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U133.......................................................... Hydrazine................................ Hydrazine...................... 302-01-2 CHOXD; CHRED; CHOXD; CHRED; or
CARBN; CMBST
DIODG; or CMBST
U134.......................................................... Hydrogen fluoride........................ Fluoride (measured in 16964-48-8 35 ADGAS fb NEUTR; or
wastewaters only). NEUTR
U135.......................................................... Hydrogen Sulfide......................... Hydrogen Sulfide............... 7783-06-4 CHOXD; CHRED; or CHOXD; CHRED; or
CMBST CMBST
U136.......................................................... Cacodylic acid........................... Arsenic........................ 7440-38-2 1.4 5.0 mg/l TCLP
U137.......................................................... Indeno(1,2,3-c,d)pyrene.................. Indeno(1,2,3-c,d)pyrene........ 193-39-5 0.0055 3.4
U138.......................................................... Iodomethane.............................. Iodomethane.................... 74-88-4 0.19 65
U140.......................................................... Isobutyl alcohol......................... Isobutyl alcohol............... 78-83-1 5.6 170
U141.......................................................... Isosafrole............................... Isosafrole..................... 120-58-1 0.081 2.6
U142.......................................................... Kepone................................... Kepone......................... 143-50-8 0.0011 0.13
[[Page 15647]]
U143.......................................................... Lasiocarpine............................. Lasiocarpine................... 303-34-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U144.......................................................... Lead acetate............................. Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
U145.......................................................... Lead phosphate........................... Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
U146.......................................................... Lead subacetate.......................... Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
U147.......................................................... Maleic anhydride......................... Maleic anhydride............... 108-31-6 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U148.......................................................... Maleic hydrazide......................... Maleic hydrazide............... 123-33-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U149.......................................................... Malononitrile............................ Malononitrile.................. 109-77-3 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U150.......................................................... Melphalan................................ Melphalan...................... 148-82-3 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U151.......................................................... U151 (mercury) nonwastewaters that Mercury........................ 7439-97-6 NA RMERC
contain greater than or equal to 260 mg/
kg total mercury.
U151 (mercury) nonwastewaters that Mercury........................ 7439-97-6 NA 0.20 mg/l TCLP
contain less than 260 mg/kg total
mercury and that are residues from RMERC
only.
U151 (mercury) nonwastewaters that Mercury........................ 7439-97-6 NA 0.025 mg/l TCLP
contain less than 260 mg/kg total
mercury and that are not residues from
RMERC.
All U151 (mercury) wastewaters........... Mercury........................ 7439-97-6 0.15 NA
Elemental Mercury Contaminated with Mercury........................ 7439-97-6 NA AMLGM
Radioactive materials.
U152.......................................................... Methacrylonitrile........................ Methacrylonitrile.............. 126-98-7 0.24 84
U153.......................................................... Methanethiol............................. Methanethiol................... 74-93-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U154.......................................................... Methanol................................ Methanol....................... 67-56-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
......................................... Methanol, alternate \6\ set of 67-56-1 5.6 0.75 mg/l TCLP
standards for both wastewaters
and nonwastewaters.
U155.......................................................... Methapyrilene............................ Methapyrilene.................. 91-80-5 0.081 1.5
U156.......................................................... Methyl chlorocarbonate................... Methyl chlorocarbonate......... 79-22-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U157.......................................................... 3-Methylcholanthrene..................... 3-Methylcholanthrene........... 56-49-5 0.0055 15
U158.......................................................... 4,4'-Methylene bis(2-chloroaniline)...... 4,4'-Methylene bis(2- 101-14-4 0.50 30
chloroaniline).
U159.......................................................... Methyl ethyl ketone...................... Methyl ethyl ketone............ 78-93-3 0.28 36
U160.......................................................... Methyl ethyl ketone peroxide............. Methyl ethyl ketone peroxide... 1338-23-4 CHOXD; CHRED; CHOXD; CHRED; OR
CARBN; CMBST
BIODG; OR CMBST
[[Page 15648]]
U161.......................................................... Methyl isobutyl ketone................... Methyl isobutyl ketone......... 108-10-1 0.14 33
U162.......................................................... Methyl methacrylate...................... Methyl methacrylate............ 80-62-6 0.14 160
U163.......................................................... N-Methyl N'-nitro N-nitrosoguanidine..... N-Methyl N'-nitro N- 70-25-7 (WETOX or CHOXD) CMBST
nitrosoguanidine. fb CARBN; or CMBST
U164.......................................................... Methylthiouracil......................... Methylthiouracil............... 56-04-2 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U165.......................................................... Naphthalene.............................. Naphthalene.................... 91-20-3 0.059 5.6
U166.......................................................... 1,4-Naphthoquinone....................... 1,4-Naphthoquinone............. 130-15-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U167.......................................................... 1-Naphthlyamine.......................... 1-Naphthlyamine................ 134-32-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U168.......................................................... 2-Naphthlyamine.......................... 2-Naphthlyamine................ 91-59-8 0.52 CMBST
U169.......................................................... Nitrobenzene............................. Nitrobenzene................... 98-95-3 0.068 14
U170.......................................................... p-Nitrophenol............................ p-Nitrophenol.................. 100-02-7 0.12 29
U171.......................................................... 2-Nitropropane........................... 2-Nitropropane................. 79-46-9 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U172.......................................................... N-Nitrosodi-n-butylamine................. N-Nitrosodi-n-butylamine....... 924-16-3 0.40 17
U173.......................................................... N-Nitrosodiethylamine.................... N-Nitrosodiethanolamine........ 1116-54-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U174.......................................................... N-Nitrosodiethanolamine.................. N-Nitrosodiethylamine.......... 55-18-5 0.40 28
U176.......................................................... N-Nitroso-N-ethylurea.................... N-Nitroso-N-ethylurea.......... 759-73-9 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U177.......................................................... N-Nitroso-N-methylurea................... N-Nitroso-N-methylurea......... 684-93-5 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U178.......................................................... N-Nitroso-N-methylurethane............... N-Nitroso-N-methylurethane..... 615-53-2 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U179.......................................................... N-Nitrosopiperidine...................... N-Nitrosopiperidine............ 100-75-4 0.013 35
U180.......................................................... N-Nitrosopyrrolidine..................... N-Nitrosopyrrolidine........... 930-55-2 0.013 35
U181.......................................................... 5-Nitro-o-toluidine...................... 5-Nitro-o-toluidine............ 99-55-8 0.32 28
[[Page 15649]]
U182.......................................................... Paraldehyde.............................. Paraldehyde.................... 123-63-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U183.......................................................... Pentachlorobenzene....................... Pentachlorobenzene............. 608-93-5 0.055 10
U184.......................................................... Pentachloroethane........................ Pentachloroethane.............. 76-01-7 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
Pentachloroethane; alternate 76-01-7 0.055 6.0
\6\ standards for both
wastewaters and nonwastewaters.
U185.......................................................... Pentachloronitrobenzene.................. Pentachloronitrobenzene........ 82-68-8 0.055 4.8
U186.......................................................... 1,3-Pentadiene........................... 1,3-Pentadiene................. 504-60-9 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U187.......................................................... Phenacetin............................... Phenacetin..................... 62-44-2 0.081 16
U188.......................................................... Phenol................................... Phenol......................... 108-95-2 0.039 6.2
U189.......................................................... Phosphorus sulfide....................... Phosphorus sulfide............. 1314-80-3 CHOXD, CHRED, or CHOXD, CHRED, or
CMBST CMBST
U190.......................................................... Phthalic anhydride (measured as Phthalic Phthalic anhydride (measured as 100-21-0 0.055 28
acid or Terephthalic acid). Phthalic acid or Terephthalic
acid).
Phthalic anhydride............. 85-44-9 0.055 28
U191.......................................................... 2-Picoline............................... 2-Picoline..................... 109-06-8 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U192.......................................................... Pronamide................................ Pronamide...................... 23950-58-5 0.093 1.5
U193.......................................................... 1,3-Propane sultone...................... 1,3-Propane sultone............ 1120-71-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U194.......................................................... n-Propylamine............................ n-Propylamine.................. 107-10-8 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U196.......................................................... Pyridine................................. Pyridine....................... 110-86-1 0.014 16
U197.......................................................... p-Benzoquinone........................... p-Benzoquinone................. 106-51-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U200.......................................................... Reserpine................................ Reserpine...................... 50-55-5 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U201.......................................................... Resorcinol............................... Resorcinol..................... 108-46-3 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U202.......................................................... Saccharin and salts...................... Saccharin...................... 81-07-2 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U203.......................................................... Safrole.................................. Safrole........................ 94-59-7 0.081 22
U204.......................................................... Selenium dioxide......................... Selenium....................... 7782-49-2 0.82 0.16 mg/l TCLP
U205.......................................................... Selenium sulfide......................... Selenium....................... 7782-49-2 0.82 0.16 mg/l TCLP
[[Page 15650]]
U206.......................................................... Streptozotocin........................... Streptozotocin................. 18883-66-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U207.......................................................... 1,2,4,5-Tetrachlorobenzene............... 1,2,4,5-Tetrachlorobenzene..... 95-94-3 0.055 14
U208.......................................................... 1,1,1,2-Tetrachloroethane................ 1,1,1,2-Tetrachloroethane...... 630-20-6 0.057 6.0
U209.......................................................... 1,1,2,2-Tetrachloroethane................ 1,1,2,2-Tetrachloroethane...... 79-34-5 0.057 6.0
U210.......................................................... Tetrachloroethylene...................... Tetrachloroethylene............ 127-18-4 0.056 6.0
U211.......................................................... Carbon tetrachloride..................... Carbon tetrachloride........... 56-23-5 0.057 6.0
U213.......................................................... Tetrahydrofuran.......................... Tetrahydrofuran................ 109-99-9 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U214.......................................................... Thallium (l) acetate..................... Thallium (measured in 7440-28-0 1.4 RTHRM; or STABL
wastewaters only).
U215.......................................................... Thallium (l) carbonate................... Thallium (measured in 7440-28-0 1.4 RTHRM; or STABL
wastewaters only).
U216.......................................................... Thallium (l) chloride.................... Thallium (measured in 7440-28-0 1.4 RTHRM; or STABL
wastewaters only).
U217.......................................................... Thallium (l) nitrate..................... Thallium (measured in 7440-28-0 1.4 RTHRM; or STABL
wastewaters only).
U218.......................................................... Thioacetamide............................ Thioacetamide.................. 62-55-5 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U219.......................................................... Thiourea................................. Thiourea....................... 62-56-6 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U220.......................................................... Toluene.................................. Toluene........................ 108-83-3 0.080 10
U221.......................................................... Toluenediamine........................... Toluenediamine................. 25376-45-8 CARBN; or CMBST CMBST
U222.......................................................... o-Toluidine hydrochloride................ o-Toluidine hydrochloride...... 636-21-5 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U223.......................................................... Toluene diisocyanate..................... Toluene diisocyanate........... 26471-62-5 CARBN; or CMBST CMBST
U225.......................................................... Bromoform (Tribromomethane).............. Bromoform (Tribromomethane).... 75-25-2 0.63 15
U226.......................................................... 1,1,1-Trichloroethane.................... 1,1,1-Trichloroethane.......... 71-55-6 0.054 6.0
U227.......................................................... 1,1,2-Trichloroethane.................... 1,1,2-Trichloroethane.......... 79-00-5 0.054 6.0
U228.......................................................... Trichloroethylene........................ Trichloroethylene.............. 79-01-6 0.054 6.0
U234.......................................................... 1,3,5-Trinitrobenzene.................... 1,3,5-Trinitrobenzene.......... 99-35-4 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
[[Page 15651]]
U235.......................................................... tris-(2,3-Dibromoprophyl)-phosphate...... tris-(2,3-Dibromoprophyl)- 126-72-7 0.11 0.10
phosphate.
U236.......................................................... Trypan Blue.............................. Trypan Blue.................... 72-57-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U237.......................................................... Uracil mustard........................... Uracil mustard................. 66-75-1 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U238.......................................................... Urethane (Ethyl carbamate)............... Urethane (Ethyl carbamate)..... 51-79-6 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U239.......................................................... Xylenes.................................. Xylenes-mixed isomers (sum of o- 1330-20-7 0.32 30
, m-, and p-xylene
concentrations).
U240.......................................................... 2,4-D (2,4-Dichlorophenoxyacetic acid)... 2,4-D (2,4- 94-75-7 0.72 10
Dichlorophenoxyacetic acid).
2,4-D (2,4-Dichlorophenoxyacetic acid) ............................... NA (WETOX or CHOXD) CMBST
salts and esters. fb
CARBN; or CMBST
U243.......................................................... Hexachloropropylene...................... Hexachloropropylene............ 1888-71-7 0.035 30
U244.......................................................... Thiram................................... Thiram......................... 137-26-8 (WETOX or CHOXD) CMBST
fb
CARBN; or CMBST
U246.......................................................... Cyanogen bromide......................... Cyanogen bromide............... 506-68-3 CHOXD; WETOX; or CHOXD, WETOX; or
CMBST CMBST
U247.......................................................... Methoxychlor............................. Methoxychlor................... 72-43-5 0.25 0.18
U248.......................................................... Warfarin, & salts, when present at Warfarin....................... 81-81-2 (WETOX or CHOXD) CMBST
concentrations of 0.3% or less. fb
CARBN; or CMBST
U249.......................................................... Zinc phosphide, Zn3P2, when present at Zinc Phosphide................. 1314-84-7 CHOXD; CHRED; or CHOXD; CHRED; or
concentrations of 10% or less. CMBST CMBST
U271.......................................................... Benomyl.................................. Benomyl........................ 17804-35-2 0.056 1.4
U277.......................................................... Sulfallate............................... Sulfallate..................... 95-06-7 0.056 1.4
U279.......................................................... Carbaryl................................. Carbaryl....................... 63-25-2 0.006 0.14
U280.......................................................... Barban................................... Barban......................... 101-27-9 0.056 1.4
U328.......................................................... o-Toluidine.............................. o-Toluidine.................... 95-53-4 CMBST; or CHOXD fb CMBST
(BIODG or CARBN);
or
BIODG fb CARBN.
U353.......................................................... p-Toluidine.............................. p-Toluidine.................... 106-49-0 CMBST; or CHOXD fb CMBST
(BIODG or CARBN);
or
BIODG fb CARBN.
U359.......................................................... 2-Ethoxyethanol.......................... 2-Ethoxyethanol................ 110-80-5 CMBST; or CHOXD fb CMBST
(BIODG or CARBN);
or
BIODG fb CARBN
[[Page 15652]]
U360.......................................................... Carbamates, N.O.S........................ Carbamates, N.O.S.............. NA 0.056 1.4
U361.......................................................... Carbamoyl Oximes, N.O.S.................. Carbamoyl Oximes, N.O.S........ NA 0.056 0.28
U362.......................................................... Thiocarbamates, N.O.S.................... Thiocarbamates, N.O.S.......... NA 0.003 1.4
U363.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
Antimony................................. Antimony....................... 7440-36-0 1.9 2.1 mg/l TCLP
Lead..................................... Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
Nickel................................... Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
Selenium................................. Selenium....................... 7782-49-2 0.82 0.16 mg/l TCLP
U364.......................................................... Bendiocarb phenol........................ Bendiocarb phenol.............. 22961-82-6 0.056 1.4
U365.......................................................... Molinate................................. Molinate....................... 2212-67-1 0.003 1.4
U366.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U367.......................................................... Carbofuran phenol........................ Carbofuran phenol.............. 1563-38-8 0.056 1.4
U368.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
Antimony................................. Antimony....................... 7440-36-0 1.9 2.1 mg/l TCLP
U369.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
Antimony................................. Antimony....................... 7440-36-0 1.9 2.1 mg/l TCLP
U370.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U371.......................................................... Hexazinone intermediate.................. Hexazinone intermediate........ 65086-85-3 0.056 1.4
U372.......................................................... Carbendazim.............................. Carbendazim.................... 10605-21-7 0.056 1.4
U373.......................................................... Propham.................................. Propham........................ 122-42-9 0.056 1.4
U374.......................................................... U9069.................................... U9069.......................... 112006-94-7 0.056 1.4
U375.......................................................... Troysan Polyphase........................ Troysan Polyphase.............. 55406-53-6 0.056 1.4
U376.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
Selenium................................. Selenium....................... 7782-49-2 0.82 0.16 mg/l TCLP
U377.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U378.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U379.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U380.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U381.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U382.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U383.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U384.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U385.......................................................... Vernolate................................ Vernolate...................... 1929-77-7 0.003 1.4
U386.......................................................... Cycloate................................. Cycloate....................... 1134-23-2 0.003 1.4
U387.......................................................... Prosulfocarb............................. Prosulfocarb................... 52888-80-9 0.003 1.4
U388.......................................................... Esprocarb................................ Esprocarb...................... 85785-20-2 0.003 1.4
U389.......................................................... Triallate................................ Triallate...................... 2303-17-5 0.003 1.4
U390.......................................................... Eptam.................................... Eptam.......................... 759-94-4 0.003 1.4
U391.......................................................... Pebulate................................. Pebulate....................... 1114-71-2 0.003 1.4
U392.......................................................... Butylate................................. Butylate....................... 2008-41-5 0.003 1.4
U393.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U394.......................................................... A2213.................................... A2213.......................... 30558-43-1 0.003 1.4
U395.......................................................... Reactacrease 4-DEG....................... Reactacrease 4-DEG............. 5952-26-1 0.056 1.4
U396.......................................................... Ferbam................................... Ferbam......................... 14484-64-1 0.056 1.4
U397.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
Lead..................................... Lead........................... 7439-92-1 0.69 0.37 mg/l TCLP
U398.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
[[Page 15653]]
U399.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
Nickel................................... Nickel......................... 7440-02-0 3.98 5.0 mg/l TCLP
U400.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U401.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U402.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U403.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U404.......................................................... Triethylamine............................ Triethylamine.................. 121-44-8 0.081 1.5
U405.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U406.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U407.......................................................... Dithiocarbamates (total)................. Dithiocarbamates (total)....... NA 0.028 28
U408.......................................................... 2,4,6-Tribromophenol..................... 2,4,6-Tribromophenol........... 118-79-6 0.035 7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
betweenapplicability 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 and 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 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.
8 As an alternative to these standards, the underlying hazardous constituents in the waste must meet a CWA limitation, which can include a toxic pollutant indicator for the constituent;
Pretreatment Standards for Existing Sources; Pretreatment Standards for New Sources; local limitations based upon a pass-through determination; or a Fundamentally Different Factors variance
under 40 CFR 125.30-125.32.
[[Page 15654]]
17. In Sec. 268.42 Table 1. is amended by revising the entry
``CMBST'' to read as follows:
Sec. 268.42 Treatment standards expressed as specified technologies.
* * * * *
Table 1.--Technology Codes and Description of Technology-Based Standards
------------------------------------------------------------------------
Description of technology-based
Technology code standards
------------------------------------------------------------------------
* * * *
* * *
CMBST:............................ High temperature organic destruction
technologies, such as combustion in
incinerators, boilers, or
industrial furnaces operated in
accordance with the applicable
requirements of 40 CFR part 264,
subpart O, or 40 CFR part 265,
subpart O, or 40 CFR part 266,
subpart H, and in other units
operated in accordance with
applicable technical operating
requirements; and certain non-
combustive technologies, such as
the Catalytic Extraction Process.
* * * *
* * *
------------------------------------------------------------------------
* * * * *
18. Section 268.44 is amended by revising paragraph (a) to read as
follows:
Sec. 268.44 Variance from a treatment standard.
(a) Where the treatment standard is expressed as a concentration in
a waste or waste extract and a waste cannot be treated to the specified
level, or where the treatment technology is not appropriate to the
waste, the generator or treatment facility may petition the
Administrator for a variance from the treatment standard. The
petitioner must demonstrate that because the physical or chemical
properties of the waste differs significantly from wastes analyzed in
developing the treatment standard, the waste cannot be treated to
specified levels or by the specified methods. The petitioner may also
demonstrate that it is treating underlying hazardous constituents in
characteristically hazardous wastewaters by sending the waste to a
properly designed and operated BAT/PSES system, which may not be
achieving the treatment standards found in Sec. 268.48.
* * * * *
19. In Sec. 268.48 the table in paragraph (a) is revised to read as
follows:
Sec. 268.48 Universal treatment standards.
(a) * * *
Universal Treatment Standards
[Note: NA means not applicable.]
----------------------------------------------------------------------------------------------------------------
Wastewater Nonwastewater standard
standard ------------------------------------
Regulated constituent/common name CAS \1\ number ----------------
Concentration Concentration in mg/kg \3\ unless
in mg/l \2\ noted as ``mg/l TCLP''
----------------------------------------------------------------------------------------------------------------
I. Organic constituents:
A2213.................................. 30558-43-1 0.003 1.4
Acenaphthene........................... 83-32-9 0.059 3.4
Acenaphthylene......................... 208-96-8 0.059 3.4
Acetone................................ 67-64-1 0.28 160
Acetonitrile........................... 75-05-8 5.6 38
Acetophenone........................... 96-86-2 0.010 9.7
2-Acetylaminofluorene.................. 53-96-3 0.059 140
Acrolein............................... 107-02-8 0.29 NA
Acrylamide............................. 79-06-1 19 23
Acrylonitrile.......................... 107-13-1 0.24 84
Aldicarb sulfone....................... 1646-88-4 0.056 0.28
Aldrin................................. 309-00-2 0.021 0.066
4-Aminobiphenyl........................ 92-67-1 0.13 NA
Aniline................................ 62-53-3 0.81 14
Anthracene............................. 120-12-7 0.059 3.4
Aramite................................ 140-57-8 0.36 NA
Barban................................. 101-27-9 0.056 1.4
Bendiocarb............................. 22781-23-3 0.056 1.4
Bendiocarb phenol...................... 22961-82-6 0.056 1.4
Benomyl................................ 17804-35-2 0.056 1.4
Benz(a)anthracene...................... 56-55-3 0.059 3.4
Benzal chloride........................ 98-87-3 0.055 6.0
Benzene................................ 71-43-2 0.14 10
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene).
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene).
Benzo(g,h,i)perylene................... 191-24-2 0.0055 1.8
Benzo(a)pyrene......................... 50-32-8 0.061 3.4
[[Page 15655]]
alpha-BHC.......................... 319-84-6 0.00014 0.066
beta-BHC........................... 319-85-7 0.00014 0.066
delta-BHC.......................... 319-86-8 0.023 0.066
gamma-BHC.......................... 58-89-9 0.0017 0.066
Bromodichloromethane................... 75-27-4 0.35 15
Bromomethane/Methyl bromide............ 74-83-9 0.11 15
4-Bromophenyl phenyl ether............. 101-55-3 0.055 15
n-Butyl alcohol........................ 71-36-3 5.6 2.6
Butyl benzyl phthalate................. 85-68-7 0.017 28
Butylate............................... 2008-41-5 0.003 1.4
2-sec-Butyl-4,6-dinitrophenol/Dinoseb.. 88-85-7 0.066 2.5
Carbaryl............................... 63-25-2 0.006 0.14
Carbenzadim............................ 10605-21-7 0.056 1.4
Carbofuran............................. 1563-66-2 0.006 0.14
Carbofuran phenol...................... 1563-38-8 0.056 1.4
Carbon disulfide....................... 75-15-0 3.8 4.8 mg/l TCLP
Carbon tetrachloride................... 56-23-5 0.057 6.0
Carbosulfan............................ 55285-14-8 0.028 1.4
Chlordane (alpha and gamma isomers).... 57-74-9 0.0033 0.26
p-Chloroaniline........................ 106-47-8 0.46 16
Chlorobenzene.......................... 108-90-7 0.057 6.0
Chlorobenzilate........................ 510-15-6 0.10 NA
2-Chloro-1,3-butadiene................. 126-99-8 0.057 0.28
Chlorodibromomethane................... 124-48-1 0.057 15
Chloroethane........................... 75-00-3 0.27 6.0
bis(2-Chloroethoxy)methane............. 111-91-1 0.036 7.2
bis(2-Chloroethyl)ether................ 111-44-4 0.033 6.0
2-Chloroethyl vinyl ether.............. 110-75-8 0.062 NA
Chloroform............................. 67-66-3 0.046 6.0
bis(2-Chloroisopropyl)ether............ 39638-32-9 0.055 7.2
p-Chloro-m-cresol...................... 59-50-7 0.018 14
Chloromethane/Methyl chloride.......... 74-87-3 0.19
FR Doc. 96-7597 40 CFR Parts 148, 268, 271, and 403
30
2-Chloronaphthalene.................... 91-58-7 0.055 5.6
2-Chlorophenol......................... 95-57-8 0.044 5.7
3-Chloropropylene...................... 107-05-1 0.036 30
Chrysene............................... 218-01-9 0.059 3.4
o-Cresol............................... 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from 108-39-4 0.77 5.6
p-cresol).
p-Cresol (difficult to distinguish from 106-44-5 0.77 5.6
m-cresol).
m-Cumenyl methylcarbamate.............. 64-00-6 0.056 1.4
Cycloate............................... 1134-23-2 0.003 1.4
Cyclohexanone.......................... 108-94-1 0.36 0.75 mg/l TCLP
o,p'-DDD............................... 53-19-0 0.023 0.087
p,p'-DDD............................... 72-54-8 0.023 0.087
o,p'-DDE............................... 3424-82-6 0.031 0.087
p,p'-DDE............................... 72-55-9 0.031 0.087
o,p'-DDT............................... 789-02-6 0.0039 0.087
p,p'-DDT............................... 50-29-3 0.0039 0.087
Dibenz(a,h)anthracene.................. 53-70-3 0.055 8.2
Dibenz(a,e)pyrene...................... 192-65-4 0.061 NA
1,2-Dibromo-3-chloropropane............ 96-12-8 0.11 15
1,2-Dibromoethane/Ethylene dibromide... 106-93-4 0.028 15
Dibromomethane......................... 74-95-3 0.11 15
m-Dichlorobenzene...................... 541-73-1 0.036 6.0
o-Dichlorobenzene...................... 95-50-1 0.088 6.0
p-Dichlorobenzene...................... 106-46-7 0.090 6.0
Dichlorodifluoromethane................ 75-71-8 0.23 7.2
1,1-Dichloroethane..................... 75-34-3 0.059 6.0
1,2-Dichloroethane..................... 107-06-2 0.21 6.0
1,1-Dichloroethylene................... 75-35-4 0.025 6.0
trans-1,2-Dichloroethylene............. 156-60-5 0.054 30
2,4-Dichlorophenol..................... 120-83-2 0.044 14
2,6-Dichlorophenol..................... 87-65-0 0.044 14
2,4-Dichlorophenoxyacetic acid/2,4-D... 94-75-7 0.72 10
1,2-Dichloropropane.................... 78-87-5 0.85 18
[[Page 15656]]
cis-1,3-Dichloropropylene.............. 10061-01-5 0.036 18
trans-1,3-Dichloropropylene............ 10061-02-6 0.036 18
Dieldrin............................... 60-57-1 0.017 0.13
Diethyl phthalate...................... 84-66-2 0.20 28
Diethylene glycol, dicarbamate......... 5952-26-1 0.056 1.4
p-Dimethylaminoazobenzene.............. 60-11-7 0.13 NA
2-4-Dimethyl phenol.................... 105-67-9 0.036 14
Dimethyl phthalate..................... 131-11-3 0.047 28
Dimetilan.............................. 644-64-4 0.056 1.4
Di-n-butyl phthalate................... 84-74-2 0.057 28
1,4-Dinitrobenzene..................... 100-25-4 0.32 2.3
4,6-Dinitro-o-cresol................... 534-52.1 0.28 160
2,4-Dinitrophenol...................... 51-28-5 0.12 160
2,4-Dinitrotoluene..................... 121-14-2 0.32 140
2,6-Dinitrotoluene..................... 606-20-2 0.55 28
Di-n-octyl phthalate................... 117-84-0 0.017 28
Di-n-propylnitrosamine................. 621-64-7 0.40 14
1,4-Dioxane............................ 123-91-1 12.0 170
Diphenylamine (difficult to distinguish 122-39-4 0.92 13
from diphenylitrosamine).
Diphenylnitrosamine (difficult to 86-30-6 0.92 13
distinguish from diphenylamine).
1,2-Diphenylhydrazine.................. 122-66-7 0.087 NA
Disulfoton............................. 298-04-3 0.017 6.2
Dithiocarbamates (total)............... 137-30-4 0.028 28
Endosulfan I........................... 959-98-8 0.023 0.066
Endosulfan II.......................... 33213-65-9 0.029 0.13
Endosulfan sulfate..................... 1031-07-8 0.029 0.13
Endrin................................. 72-20-8 0.0028 0.13
Endrin aldehyde........................ 7421-93-4 0.025 0.13
EPTC................................... 759-94-4 0.003 1.4
Ethyl acetate.......................... 141-78-6 0.34 33
Ethyl benzene.......................... 100-41-4 0.057 10
Ethyl cyanide/Propanenitrile........... 107-12-0 0.24 360
Ethyl ether............................ 60-29-7 0.12 160
Ethyl methacrylate..................... 97-63-2 0.14 160
Ethylene oxide......................... 75-21-8 0.12 NA
bis(2-Ethylhexyl) phthalate............ 117-81-7 0.28 28
Famphur................................ 52-85-7 0.017 15
Fluoranthene........................... 206-44-0 0.068 3.4
Fluorene............................... 86-73-7 0.059 3.4
Formetanate hydrochloride.............. 23422-53-9 0.056 1.4
Formparanate........................... 17702-57-7 0.056 1.4
Heptachlor............................. 76-44-8 0.0012 0.066
Heptachlor epoxide..................... 1024-57-3 0.016 0.066
Hexachlorobenzene...................... 118-74-1 0.055 10
Hexachlorobutadiene.................... 87-68-3 0.055 5.6
Hexachlorocyclopentadiene.............. 77-47-4 0.057 2.4
Hexachloroethane....................... 67-72-1 0.055 30
Hexachloropropylene.................... 1888-71-7 0.035 30
HxCDDs (All Hexachlorodibenzo-p- NA 0.000063 0.001
dioxins).
HxCDFs (All Hexachlorodibenzofurans)... NA 0.000063 0.001
Indeno (1,2,3-c,d) pyrene.............. 193-39-5 0.0055 3.4
Iodomethane............................ 74-88-4 0.19 65
3-lodo-2-propynyl n-butylcarbamate..... 55406-53-6 0.056 1.4
Isobutyl alcohol....................... 78-83-1 5.6 170
Isodrin................................ 465-73-6 0.021 0.066
Isolan................................. 119-38-0 0.056 1.4
Isosafrole............................. 120-58-1 0.081 2.6
Kepone................................. 143-50-0 0.0011 0.13
Methacrylonitrile...................... 126-98-7 0.24 84
Methanol............................... 67-56-1 5.6 0.75 mg/l TCLP
Methapyrilene.......................... 91-80-5 0.081 1.5
Methiocarb............................. 2032-65-7 0.056 1.4
Methomyl............................... 16752-77-5 0.028 0.14
Methoxychlor........................... 72-43-5 0.25 0.18
Methyl ethyl ketone.................... 78-93-3 0.28 36
[[Page 15657]]
Methyl isobutyl ketone................. 108-10-1 0.14 33
Methyl methacrylate.................... 80-62-6 0.14 160
Methyl methansulfonate................. 66-27-3 0.018 NA
Methyl parathion....................... 298-00-0 0.014 4.6
3-Methylchlolanthrene.................. 56-49-5 0.0055 15
4,4-Methylene bis(2-chloroaniline...... 101-14-4 0.50 30
Methylene chloride..................... 75-09-2 0.089 30
Metolcarb.............................. 1129-41-5 0.056 1.4
Mexacarbate............................ 315-18-4 0.056 1.4
Molinate............................... 2212-67-1 0.003 1.4
Naphthalene............................ 91-20-3 0.059 5.6
2-Naphthylamine........................ 91-59-8 0.52 NA
o-Nitroaniline......................... 88-74-4 0.27 14
p-Nitroaniline......................... 100-01-6 0.028 28
Nitrobenzene........................... 98-95-3 0.068 14
5-Nitro-o-toluidine.................... 99-55-8 0.32 28
o-Nitrophenol.......................... 88-75-5 0.028 13
p-Nitrophenol.......................... 100-02-7 0.12 29
N-Nitrosodiethylamine.................. 55-18-5 0.40 28
N-Nitrosodimethylamine................. 62-75-9 0.40 2.3
N-Nitroso-di-n-butylamine.............. 924-16-3 0.40 17
N-Nitrosomethylethylamine.............. 10595-95-6 0.40 2.3
N-Nitrosomorpholine.................... 59-89-2 0.40 2.3
N-Nitrosopiperidine.................... 100-75-4 0.013 35
N-Nitrosopyrrolidine................... 930-55-2 0.013 35
Oxamyl................................. 23135-22-0 0.056 0.28
Parathion.............................. 56-38-2 0.014 4.6
Total PCBs (sum of all PCB isomers, or 1336-36-3 0.10 10
all Aroclors).
Pebulate............................... 1114-71-2 0.003 1.4
Pentachlorobenzene..................... 608-93-5 0.055 10
PeCDDs (All Pentachlorodibenzo-p- NA 0.000063 0.001
dioxins).
PeCDFs (All Pentachlorodibenzofurans).. NA 0.000035 0.001
Pentachloroethane...................... 76-01-7 0.055 6.0
Pentachloronitrobenzene................ 82-68-8 0.055 4.8
Pentachlorophenol...................... 87-86-5 0.089 7.4
Phenacetin............................. 62-44-2 0.081 16
Phenanthrene........................... 85-01-8 0.059 5.6
Phenol................................. 108-95-2 0.039 6.2
o-Phenylenediamine..................... 95-54-5 0.056 5.6
Phorate................................ 298-02-2 0.021 4.6
Phthalic acid.......................... 100-21-0 0.055 28
Phthalic anhydride..................... 85-44-9 0.055 28
Physostigmine.......................... 57-47-6 0.056 1.4
Physostigmine salicylate............... 57-64-7 0.056 1.4
Promecarb.............................. 2631-37-0 0.056 1.4
Pronamide.............................. 23950-58-5 0.093 1.5
Propham................................ 122-42-9 0.056 1.4
Propoxur............................... 114-26-1 0.056 1.4
Prosulfocarb........................... 52888-80-9 0.003 1.4
Pyrene................................. 129-00-0 0.067 8.2
Pyridine............................... 110-86-1 0.014 16
Safrole................................ 94-59-7 0.081 22
Silvex/2,4,5-TP........................ 93-72-1 0.72 7.9
1,2,4,5-Tetrachlorobenzene............. 95-94-3 0.055 14
TCDDs (All Tetrachlorodibenzo-p- NA 0.000063 0.001
dioxins).
TCDFs (All Tetrachlorodibenzofurans)... NA 0.000063 0.001
1,1,1,2-Tetrachloroethane.............. 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane.............. 79-34-5 0.057 6.0
Tetrachloroethylene.................... 127-18-4 0.056 6.0
2,3,4,6-Tetrachlorophenol.............. 58-90-2 0.030 7.4
Thiodicarb............................. 59669-26-0 0.019 1.4
Thiophanate-methyl..................... 23564-05-8 0.056 1.4
Tirpate................................ 26419-73-8 0.056 0.28
Toluene................................ 108-88-3 0.080 10
Toxaphene.............................. 8001-35-2 0.0095 2.6
[[Page 15658]]
Triallate.............................. 2303-17-5 0.003 1.4
Tribromomethane/Bromoform.............. 75-25-2 0.63 15
1, 2, 4-Trichlorobenzene............... 120-82-1 0.055 19
1,1,1-Trichlorethane................... 71-55-6 0.054 6.0
1,1,2-Trichlorethane................... 79-00-5 0.054 6.0
Trichloroethylene...................... 79-01-6 0.054 6.0
Trichloromonofluoromethane............. 75-69-4 0.020 30
2,4,5-Trichlorophenol.................. 95-95-4 0.18 7.4
2,4,6-Trichlorophenol.................. 88-06-2 0.035 7.4
2,4,5-Trichlorophenoxyacetic acid/2,4,5- 93-.76-5 0.72 7.9
T.
1,2,3-Trichloropropane................. 96-18-4 0.85 30
1,1,2-Trichloro-2,2,2-trifluoroethane.. 76-13-1 0.057 30
Triethylamine.......................... 101-44-8 0.081 1.5
tris-(2,3-Dibromopropyl) phosphate..... 126-72-7 0.11 0.10
Vernolate.............................. 1929-77-7 0.003 1.4
Vinyl chloride......................... 75-01-4 0.27 6.0
Xylenes-mixed isomers (sum of o-,m-, 1330-20-7 0.32 30
and p-xylene concentrations).
II. Inorganic Constituents:
Antimony............................... 7440-36-0 1.9 2.1 mg/l TCLP
Arsenic................................ 7440-38-2 1.4 5.0 mg/l TCLP
Barium................................. 7440-39-3 1.2 7.6 mg/l TCLP
Beryllium.............................. 7440-41-7 0.82 0.014 mg/l TCLP
Cadmium................................ 7440-43-9 0.69 0.19 mg/l TCLP
Chromium (Total)....................... 7440-47-3 2.77 0.86 mg/l TCLP
Cyanides (Total) \4\................... 57-12-5 1.2 590
Cyanides (Amenable) \4\................ 57-12-5 0.86 30
Fluoride \5\........................... 16984-48-8 35 NA
Lead................................... 7439-92-1 0.69 0.37 mg/l TCLP
Mercury--Nonwastewater from Retort..... 7439-97-6 NA 0.20 mg/l TCLP
Mercury--All Others.................... 7439-97-6 0.15 0.25 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
Silver................................. 7440-22-4 0.43 0.30 mg/l TCLP
Sulfide................................ 18496-25-8 14 NA
Thallium............................... 7440-28-0 1.4 0.78 mg/l TCLP
Vanadium \4\........................... 7440-62-2 4.3 0.23 mg/l TCLP
Zinc \5\............................... 7440-66-6 2.61 5.3 mg/l TCLP
----------------------------------------------------------------------------------------------------------------
Notes to table:
\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.
\3\ 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 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.
\4\ 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.
\5\ These constituents are not ``underlying hazardous constituents'' in characteristic wastes, according to the
definition at Sec. 268.2(i).
20. Appendix XI is added to part 268 to read as follows:
Appendix XI to Part 268--Metal Bearing Wastes Prohibited From Dilution
in a Combustion Unit According to 40 CFR 268.3(c) \1\
------------------------------------------------------------------------
Waste code Waste description
------------------------------------------------------------------------
D004......................... Toxicity Characteristic for Arsenic.
D005......................... Toxicity Characteristic for Barium.
D006......................... Toxicity Characteristic for Cadmium.
D007......................... Toxicity Characteristic for Chromium.
D008......................... Toxicity Characteristic for Lead.
D009......................... Toxicity Characteristic for Mercury.
D010......................... Toxicity Characteristic for Selenium.
D011......................... Toxicity Characteristic for Silver.
[[Page 15659]]
F006......................... Wastewater treatment sludges from
electroplating operations except from
the following processes: (1) sulfuric
acid anodizing of aluminum; (2) tin
plating carbon steel; (3) zinc plating
(segregated basis) on carbon steel; (4)
aluminum or zinc-plating on carbon
steel; (5) cleaning/stripping associated
with tin, zinc and aluminum plating on
carbon steel; and (6) chemical etching
and milling of aluminum.
F007......................... Spent cyanide plating bath solutions from
electroplating operations.
F008......................... Plating bath residues from the bottom of
plating baths from electroplating
operations where cyanides are used in
the process.
F009......................... Spent stripping and cleaning bath
solutions from electroplating operations
where cyanides are used in the process.
F010......................... Quenching bath residues from oil baths
from metal treating operations where
cyanides are used in the process.
F011......................... Spent cyanide solutions from salt bath
pot cleaning from metal heat treating
operations.
F012......................... Quenching waste water treatment sludges
from metal heat treating operations
where cyanides are used in the process.
F019......................... Wastewater treatment sludges from the
chemical conversion coating of aluminum
except from zirconium phosphating in
aluminum car washing when such
phosphating is an exclusive conversion
coating process.
K002......................... Wastewater treatment sludge from the
production of chrome yellow and orange
pigments.
K003......................... Wastewater treatment sludge from the
production of molybdate orange pigments.
K004......................... Wastewater treatment sludge from the
production of zinc yellow pigments.
K005......................... Wastewater treatment sludge from the
production of chrome green pigments.
K006......................... Wastewater treatment sludge from the
production of chrome oxide green
pigments (anhydrous and hydrated).
K007......................... Wastewater treatment sludge from the
production of iron blue pigments.
K008......................... Oven residue from the production of
chrome oxide green pigments.
K061......................... Emission control dust/sludge from the
primary production of steel in electric
furnaces.
K069......................... Emission control dust/sludge from
secondary lead smelting.
K071......................... Brine purification muds from the mercury
cell processes in chlorine production,
where separately prepurified brine is
not used.
K100......................... Waste leaching solution from acid
leaching of emission control dust/sludge
from secondary lead smelting.
K106......................... Sludges from the mercury cell processes
for making chlorine.
P010......................... Arsenic acid H3AsO4
P011......................... Arsenic oxide As2O5
P012......................... Arsenic trioxide
P013......................... Barium cyanide
P015......................... Beryllium
P029......................... Copper cyanide Cu(CN)
P074......................... Nickel cyanide Ni(CN)2
P087......................... Osmium tetroxide
P099......................... Potassium silver cyanide
P104......................... Silver cyanide
P113......................... Thallic oxide
P114......................... Thallium (l) selenite
P115......................... Thallium (l) sulfate
P119......................... Ammonium vanadate
P120......................... Vanadium oxide V2O5
P121......................... Zinc cyanide.
U032......................... Calcium chromate.
U145......................... Lead phosphate.
U151......................... Mercury.
U204......................... Selenious acid.
U205......................... Selenium disulfide.
U216......................... Thallium (I) chloride.
U217......................... Thallium (I) nitrate.
------------------------------------------------------------------------
\1\ A combustion unit is defined as any thermal technology subject to 40
CFR part 264, subpart O; Part 265, subpart O; and/or 266, subpart
H.4706
21. The authority citationFOR
for part 271 continues toATE
read as follows:STE PROGRAMS
Authority: 42 U.S.C. 6905,
6912(a) and 6926.
22. Section 271.1(j) is
amended by adding the
following entries to Table 1
in chronological order by
date of publication in the
Federal Register, and by
adding the following entries
to Table 2 in chronological
order by effective date in
the Federal Register to read
as follows:
* * * * *
(j) * * *
[[Page 15660]]
* * * *
* * *
April 8, 1996................ Land Disposal Restrictions Phase III--
Decharacterized Wastewaters, Carbamate
Wastes, and Spent Aluminum Potliners in
Sec. 268.39.
* * * *
* * *
* * * * *
able 2--elf-implementing rovisions of the azardous and olid Waste mendments of 1984
----------------------------------------------------------------------------------------------------------------
Self-implementing Federal Register
Effective date provision RCRA citation reference
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
July 8, 1996........................ Prohibition on land 3004(m).................. April 8, 1996, 61 FR
disposal of carbamate [Insert page
wastes.. numbers].
* * * * * *
*
October 8, 1996..................... Prohibition on land 3004(m).................. April 8, 1998, 61 FR
disposal of K088 [Insert page
wastes.. numbers].
April 8, 1996....................... 3004(m).................. April 8, 1996, 61 FR
[Insert page
numbers].
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 403--GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW
SOURCES OF POLLUTION
23. The authority citation for part 403 continues to read as
follows:
uthority: Sec. 54(c)(2) of the Clean Water Act of 1977, (Pub.
L. 95-217) sections 204(b)(1)(C), 208(b)(2)(C)(iii),
301(b)(1)(A)(ii), 301(b)(2)(A)(ii), 301(b)(2)(C), 301(h)(5),
301(i)(2), 304(e), 304(g), 307, 308, 309, 402(b), 405 and 501(a) of
the Federal Water Pollution Control Act (Pub. L. 92-500) as amended
by the Clean Water Act of 1977 and the Water Quality Act of 1987
(Pub. L. 100-4).
24. In Sec. 403.5, paragraphs (c) heading, (c)(1) and (d) are
revised to read as follows:
Sec. 403.5 National pretreatment standards: Prohibited discharges.
* * * * *
(c) Development of specific limits by POTW. (1) Each POTW
developing a POTW Pretreatment Program pursuant to Sec. 403.8 shall
develop and enforce specific limits to implement the prohibitions
listed in paragraphs (a)(1) and (b) of this section. Each POTW with an
approved pretreatment program shall continue to develop these limits as
necessary and effectively enforce such limits. In addition, the POTW
may establish such limits as necessary to address the land disposal
restrictions at 40 CFR 268.40.
* * * * *
(d) Local limits. Where specific prohibitions or limits on
pollutants or pollutant parameters are developed by a POTW in
accordance with paragraph (c) of this section, including those
standards established to address land disposal restrictions at 40 CFR
268.40, such limits shall be deemed Pretreatment Standards for the
purposes of section 307(d) of the Act.
* * * * *
[FR Doc. 96-7597 Filed 4-5-96; 8:45 am]
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