Wednesday,

October
30,
2002
Part
III
Environmental
Protection
Agency
40
CFR
Parts
63,
258,
et
al.
Waste
Management
System;
Testing
and
Monitoring
Activities;
Proposed
Rule:
Methods
Innovation
Rule;
Proposed
Rule
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Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
63,
258,
260,
261,
264,
265,
266,
270,
271,
and
279
[FRL–
7394–
6]

RIN
2050–
AE41
Waste
Management
System;
Testing
and
Monitoring
Activities;
Proposed
Rule:
Methods
Innovation
Rule
AGENCY:
Environmental
Protection
Agency.

ACTION:
Proposed
rule;
notice
of
availability.

SUMMARY:
The
Environmental
Protection
Agency
(EPA
or
Agency)
proposes
to
amend
a
variety
of
testing
and
monitoring
requirements
throughout
the
Resource
Conservation
and
Recovery
Act
(RCRA)
regulations.
We
are
proposing
to
allow
more
flexibility
when
conducting
RCRA­
related
sampling
and
analysis,
by
removing
unnecessary
required
uses
of
methods
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
also
known
as
``
SW–
846,
''
and
only
retaining
the
requirement
to
use
SW–
846
methods
when
the
method
is
the
only
one
capable
of
measuring
a
particular
property
(i.
e.,
it
is
used
to
measure
a
required
method­
defined
parameter).
This
is
an
important
step
towards
a
performance­
based
measurement
system
(PBMS),
as
part
of
the
Agency's
efforts
towards
Innovating
for
Better
Environmental
Results.
Additionally,
we
are
proposing
to:
withdraw
the
reactivity
method
guidelines
from
SW–
846
Chapter
Seven;
amend
the
ignitability
and
corrosivity
hazardous
waste
characteristic
regulations
by
clarifying
the
use
of
certain
methods;
incorporate
by
reference
Update
IIIB
to
SW–
846;
add
Method
25A
for
analyses
conducted
in
support
of
certain
RCRA
air
emission
standards;
and
remove
a
confidence
limit
requirement
for
certain
feedstream
analyses
conducted
under
the
National
Emission
Standards
for
Hazardous
Air
Pollutants
(NESHAP).
In
addition,
the
Agency
is
announcing
the
availability
of
a
new
guidance
document
for
public
comment
entitled
``
RCRA
Waste
Sampling
Draft
Technical
Guidance.
''
By
making
this
document
available
for
review
and
comment,
it
is
our
intention
to
provide
draft
guidance
on
waste
sampling
that
would
be
beneficial
to
the
public.
These
changes
should
make
it
easier
and
more
cost
effective
to
comply
with
affected
regulations,
without
compromising
human
health
or
environmental
protection.
DATES:
Send
your
comments
to
reach
us
on
or
before
December
30,
2002.

ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
by
facsimile,
or
through
hand
delivery/
courier.
Send
an
original
and
two
copies
of
your
comments
to:
OSWER
Docket,
Environmental
Protection
Agency,
Mailcode:
5305–
G,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460,
Attention
Docket
ID
No.
RCRA–
2002–
0025.
Follow
the
detailed
instructions
as
provided
in
section
I.
B.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information,
contact
the
RCRA
Hotline
at
(800)
424–
9346
(toll
free)
or
call
(703)
412–
9810;
or,
for
hearing
impaired,
call
TDD
(800)
553–
7672
or
TDD
(703)
412–
3323.
For
more
information
on
specific
aspects
of
this
rulemaking,
contact
Kim
Kirkland,
Office
of
Solid
Waste
(5307W),
U.
S.
Environmental
Protection
Agency,
Ariel
Rios
Building,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460–
0002,
(703)
308–
8855,
e­
mail
address:
kirkland.
kim@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
How
Can
I
Get
Copies
of
this
Document
and
Other
Related
Information?

i.
Docket
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
RCRA–
2002–
0025.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
OSWER
Docket,
EPA
West
Building,
Room
B102,
1301
Constitution
Avenue,
NW,
Washington
DC,
20004.
This
Docket
Facility
is
open
from
9
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
Docket
telephone
number
is
(202)
566–
1744.
To
view
docket
materials,
you
should
call
in
advance
and
make
an
appointment.
You
may
copy
a
maximum
of
100
pages
from
any
regulatory
docket
at
no
charge
(unless
the
documents
require
copyright
permission).
Additional
copies
cost
$0.15
per
page.

ii.
Electronic
Access
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,
''
then
key
in
the
appropriate
docket
identification
number.
You
may
also
view
and
download
docket
information
from
the
Internet
at:
http://
www.
epa.
gov/
SW–
846.
Certain
types
of
information
will
not
be
placed
in
the
EPA
public
dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
CBI
materials
will
be
placed
in
a
separate
CBI
docket
that
is
not
available
to
the
public.
Redacted
versions
of
documents
containing
CBI
will
be
placed
in
the
public
dockets.
In
addition,
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
section
I.
A.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
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Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.
For
additional
information
about
EPA's
electronic
public
docket
visit
EPA
Dockets
online
or
see
67
FR
38102,
May
31,
2002.

B.
How
and
To
Whom
Do
I
Submit
Comments?

You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
identification
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.
''
EPA
is
not
required
to
consider
these
late
comments,
but
will
make
every
effort
to
do
so
if
time
and
resources
permit.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
section
I.
C.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.

i.
Electronically
If
you
submit
an
electronic
comment
as
prescribed
below,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
e­
mail
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.

1.
EPA
Docket
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
To
access
EPA's
electronic
public
docket
from
the
EPA
Internet
Home
Page,
select
``
Information
Sources,
''
``
Dockets,
''
and
``
EPA
Dockets.
''
Once
in
the
system,
select
``
search,
''
and
then
key
in
Docket
ID
No.
RCRA–
2002–
0025.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.

2.
E­
mail
Comments
may
be
sent
by
electronic
mail
(e­
mail)
to
RCRAdocket
epamail.
epa.
gov,
Attention
Docket
ID
No.
RCRA–
2002–
0025.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
Docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
email
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.

3.
Disk
or
CD
ROM
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
section
I.
B.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.

ii.
By
Mail
Send
an
original
and
two
copies
of
your
comments
to:
OSWER
Docket,
Environmental
Protection
Agency,
Mailcode:
5305–
G,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460,
Attention
Docket
ID
No.
RCRA–
2002–
0025.

iii.
By
Hand
Delivery
or
Courier
Deliver
your
comments
to:
OSWER
Docket,
EPA
West
Building,
Room
B102,
1301
Constitution
Avenue,
NW.,
Washington,
DC
20004,
Attention
Docket
ID
No.
RCRA–
2002–
0025.
Such
deliveries
are
only
accepted
during
the
Docket's
normal
hours
of
operation
as
identified
in
section
I.
A.
1.

iv.
By
Facsimile
Fax
your
comments
to
(703)
603–
9234,
Attention
Docket
ID
No.
RCRA–
2002–
0025.

C.
How
Should
I
Submit
CBI
to
the
Agency?

Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
Send
or
deliver
information
identified
as
CBI
only
to
the
following
address:
RCRA
CBI
Document
Control
Officer,
Office
of
Solid
Waste,
Environmental
Protection
Agency,
Mailcode
5305–
W,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460,
Attention
Docket
ID
No.
RCRA–
2002–
0025.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
identified
in
the
FOR
FURTHER
INFORMATION
CONTACT
section.

D.
How
Do
I
Obtain
Copies
of
SW–
846?

Proposed
Update
IIIB
and
the
Third
Edition
of
SW–
846,
as
amended
by
Final
Updates
I,
II,
IIA,
IIB,
III,
and
IIIA
will
be
available
in
pdf
format
on
the
Internet
at
http://
www.
epa.
gov/
SW–
846.
A
paper
copy
of
Proposed
Update
IIIB
is
also
located
in
the
docket
for
this
proposal
(see
ADDRESSES
above).
Table
1
below
provides
sources
for
both
paper
and
electronic
copies
of
the
Third
Edition
of
SW–
846
and
all
of
its
updates.

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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
1.—
SOURCES
FOR
SW–
846,
THIRD
EDITION,
AND
ITS
UPDATES
Source
Available
portions
of
SW–
846
Superintendent
of
Documents,
U.
S.
Government
Printing
Office
(GPO),
Washington,
DC
20402,
(202)
512–
1800.
—Paper
copies
of
the
SW–
846,
Third
Edition,
basic
manual
and
of
certain
updates,
including
Final
Updates
I,
II,
IIA,
IIB,
III;
Draft
Update
IVA;
and
Proposed
Update
IIIB.
Subscriber
must
integrate
the
updates.
National
Technical
Information
Service
(NTIS),
5285
Port
Royal
Road,
Springfield,
VA
22161,
(703)
605–
6000
or
(800)
553–
6847.
—Paper
copy
of
an
integrated
version
of
SW–
846,
Third
Edition,
as
amended
by
Final
Updates
I,
II,
IIA,
IIB,
and
III.

—Individual
paper
copies
of
the
SW–
846,
Third
Edition,
basic
manual
and
of
certain
updates,
including
Final
Updates
I,
II,
IIA,
IIB,
III,
IIIA;
Draft
Updates
IVA
and
IVB;
and
Proposed
Update
IIIB.
—CD–
ROM
of
integrated
version
of
SW–
846,
Third
Edition,
as
amended
by
Final
Updates
I,
II,
IIA,
IIB,
and
III
(pdf
and
WordPerfect
electronic
copies).
—CD–
ROM
of
Draft
Update
IVA
(pdf
and
WordPerfect
electronic
copies).
Internet
http://
www.
epa.
gov/
SW–
846
.................................
—Integrated
version
of
SW–
846,
Third
Edition,
as
amended
by
Final
Updates
I,
II,
IIA,
IIB,
III,
and
IIIA
(pdf
electronic
copy).
—Proposed
Update
IIIB
(pdf
electronic
copy).
—Draft
Updates
IVA
and
IVB
(pdf
electronic
copy).

E.
What
Is
the
Legal
Authority
for
This
Action?

We
will
promulgate
the
part
258,
260,
261,
264–
266,
270,
271,
and
279
regulations
under
the
authority
of
sections
1006,
2002(
a),
3001–
3007,
3010,
3013–
3018,
and
7004
of
the
Solid
Waste
Disposal
Act,
as
amended
by
the
Resource
Conservation
and
Recovery
Act
of
1976
(commonly
known
as
RCRA),
as
amended;
and
sections
101(
37)
and
114
of
the
Comprehensive
Emergency
Response
and
Compensation
and
Liability
Act
of
1980
(commonly
known
as
CERCLA),
as
amended.
We
will
promulgate
the
part
63
regulation
under
the
authority
of
sections
112
and
114
of
the
Clean
Air
Act.

F.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

In
developing
this
proposal,
we
tried
to
address
the
concerns
of
all
our
stakeholders.
Your
comments
will
help
us
improve
this
rule.
We
invite
you
to
provide
different
views
on
options
we
propose,
new
approaches
we
have
not
considered,
new
data,
how
this
rule
may
effect
you,
or
other
relevant
information.
We
welcome
your
views
on
all
aspects
of
this
proposed
rule,
but
we
request
comments
in
particular
on
comment
topics
or
questions
identified
within
the
preamble.
Please
note
however
that
we
are
only
proposing
revisions
to
small
portions
of
the
various
RCRA
Program
regulations
and
that
this
proposal
does
not
re­
open
other
parts
of
those
regulations
to
public
comment
or
judicial
review.
Your
comments
will
be
most
effective
if
you
follow
the
suggestions
below:
 
Explain
your
views
as
clearly
as
possible.
 
Provide
documented
technical
information
and/
or
cost
data
to
support
your
views.
 
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate.
 
Tell
us
which
parts
you
support,
as
well
as
those
with
which
you
disagree.
sbull;
Provide
specific
examples
to
illustrate
your
concerns.
 
Offer
specific
alternatives.
 
Refer
your
comments
to
specific
sections
of
the
proposal,
such
as
the
units
or
page
numbers
of
the
preamble,
or
the
regulatory
sections.
 
Make
sure
to
submit
your
comments
by
the
deadline
in
this
proposal.
 
Be
sure
to
identify
the
appropriate
docket
number
in
the
subject
line
on
the
first
page
of
your
comment.
It
would
also
be
helpful
if
you
provided
the
name,
date,
and
Federal
Register
citation
related
to
your
comments.
We
will
respond
to
both
written
and
electronic
comments
in
a
document
in
the
Federal
Register
or
in
a
response
to
comments
document
placed
in
the
official
record
for
this
rulemaking.
Please
note
that,
if
you
send
electronic
comments,
we
will
not
reply
electronically
unless
to
obtain
clarification
of
text
that
may
be
garbled
in
transmission
or
during
conversion
to
paper
form.

G.
How
Is
The
Rest
of
this
Preamble
Organized?

We
list
below
the
order
of
the
major
preamble
sections
which
explain
our
proposed
action.

II.
Summary
of
Today's
Proposed
Rule
and
Covered
Entities
III.
Background
and
Purpose
of
Proposed
Action
to
Reform
RCRA­
Related
Testing
and
Monitoring
A.
How
to
Determine
if
a
Method
Is
Appropriate
B.
Why
We
Selected
the
Proposed
Approach
Over
Other
Approaches
C.
Potential
Impacts
from
Removal
of
Required
uses
of
SW–
846
Analyses
IV.
Proposed
Regulatory
Revisions
Involving
Removal
of
SW–
846
Requirements
A.
Removal
of
Requirements
to
Use
Only
SW–
846
in
§
260.22(
d)(
1)(
i)
and
Appendix
IX
to
Part
261
B.
Removal
of
Requirements
to
Use
Only
SW–
846
Method
8290
in
§
261.35(
b)(
2)(
iii)(
A)
and
(B)
C.
Removal
of
Requirement
to
Use
Only
SW–
846
in
§
261.38(
c)(
7)
D.
Removal
of
Requirements
to
Use
Only
SW–
846
Method
8260
in
§§
264.1034(
d)(
1)(
iii),
264.1063(
d)(
2),
265.1034(
d)(
1)(
iii),
and
265.1063(
d)(
2)
E.
Removal
of
Requirements
to
Use
Only
SW–
846
Methods
8260
and
8270
and
Revisions
to
Listing
of
Method
Options
in
§
265.1084(
a)(
3)(
iii)
and
(b)(
3)(
iii);
and
Revisions
to
§
265.1084(
a)(
3)(
ii)(
C),
(b)(
3)(
ii)(
C),
and
(c)(
3)(
i)
F.
Removal
of
Requirements
to
Use
Only
SW–
846
in
§§
266.100(
d)(
1)(
ii)
and
(g)(
2),
and
266.102(
b)(
1)
G.
Removal
of
Requirement
to
Use
Only
SW–
846
in
§
266.106(
a)
H.
Removal
of
Requirements
to
Use
Only
SW–
846
in
§
266.112(
b)(
1)
and
(b)(
2)(
i)
I.
Removal
of
Requirements
to
Use
Only
SW–
846
in
Sections
1.0,
3.0,
10.3,
and
10.6
of
Appendix
IX
to
Part
266
J.
Removal
of
Requirements
to
Use
Only
SW–
846
Methods
in
§§
270.19(
c)(
1)(
iii)
and
(iv);
270.22(
a)(
2)(
ii)(
B);
270.62(
b)(
2)(
i)(
C)
and
(D);
and
270.66(
c)(
2)(
i)
and
(ii)
K.
Removal
of
SW–
846
Methods
from
Incorporation
by
Reference
in
§
260.11(
a)(
11)
V.
Proposed
Editorial
Corrections
to
SW–
846
References
in
the
RCRA
Testing
and
Monitoring
Regulations
VI.
Proposed
Action
to
Withdraw
Reactivity
Interim
Guidance
from
SW–
846
Chapter
Seven
and
Remove
Required
SW–
846
Reactivity
Analyses
and
Threshold
Levels
from
Conditional
Delistings
VII.
Proposed
Clarifications
to
Corrosivity
and
Ignitability
Hazardous
Waste
Characteristics
A.
Revision
to
§
261.22(
a)(
2)
to
Clarify
That
SW–
846
Method
1110
Is
the
SW–
846
Standardized
Version
of
the
NACE
Standard
Specified
for
Corrosivity
Characteristic
Testing
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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
B.
Revisions
to
§
261.21(
a)(
1)
to
Update
References
to
ASTM
Standards,
to
Clarify
That
SW–
846
Methods
1010
and
1020
Reference
and
Use
The
ASTM
Standards
Specified
for
Ignitability
Characteristic
Testing,
and
to
Remove
an
Unnecessary
Referral
to
Method
Equivalency
Petitions;
and
Revisions
to
§
260.11(
a)(
1)
and
(2)
to
Include
the
Updated
References
VIII.
Availability
of
Proposed
Update
IIIB
and
Invitation
for
Public
Comment
on
the
Update
IX.
Proposed
Addition
of
Method
25A
to
§§
264.1034(
c)(
1)(
ii)
and
(iv)
and
265.1034(
c)(
1)(
ii)
and
(iv)
X.
Proposed
Removal
of
Requirements
from
§
63.1208(
b)(
8)(
i)
and
(ii)
in
the
NESHAP
Standards
to
Demonstrate
Feedstream
Analytes
Are
Not
Present
at
Certain
Levels
XI.
Announcing
the
Availability
of
RCRA
Waste
Sampling
Draft
Technical
Guidance
A.
Why
Is
the
Agency
Releasing
this
Guidance?
B.
What
is
Included
in
the
Draft
Guidance?
C.
Will
this
Guidance
Replace
the
Existing
Chapter
Nine
of
SW–
846?
D.
Can
the
Draft
Technical
Guidance
Be
Used
Now?
E.
When
Will
the
Guidance
Be
Finalized?
F.
Request
for
Comment
XII.
State
Authorization
Procedures
A.
Applicability
of
Federal
Rules
in
Authorized
States
B.
Authorization
of
States
for
Today's
Proposal
C.
Abbreviated
Authorization
Procedures
XIII.
Administrative
Requirements
A.
Executive
Order
12866
B.
Unfunded
Mandates
Reform
Act
C.
Regulatory
Flexibility
Act
(RFA)
as
Amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(SBREFA),
5
U.
S.
C.
601
et.
seq
D.
Environmental
Justice
(Executive
Order
12898)
E.
Protection
of
Children
from
Environmental
Risks
and
Safety
Risks
(Executive
Order
13045)
F.
Consultation
and
Coordination
With
Indian
Tribal
Governments
(Executive
Order
13175)
G.
Federalism
(Executive
Order
13132)
H.
National
Technology
Transfer
and
Advancement
Act
of
1995
I.
Energy
Effects
(Executive
Order
13211)
J.
Paperwork
Reduction
Act
II.
Summary
of
Today's
Proposed
Rule
and
Covered
Entities
We,
the
Environmental
Protection
Agency
(EPA
or
Agency),
propose
to
amend
our
hazardous
and
nonhazardous
solid
waste
regulations
for
testing
and
monitoring
activities
under
the
Resource
Conservation
and
Recovery
Act
(RCRA),
and
to
amend
a
testing
requirement
in
the
National
Emission
Standards
for
Hazardous
Air
Pollutants
(NESHAP)
from
hazardous
waste
combustors.
These
changes
should
make
it
easier
and
more
cost
effective
for
regulated
entities
to
comply
with
the
respective
RCRA
and
NESHAP
regulations.
Specifically
we
are
proposing
to:
1.
Reform
RCRA­
related
testing
and
monitoring
by
restricting
requirements
to
use
SW–
846
to
only
those
situations
where
the
method
is
the
only
one
capable
of
measuring
the
property
(i.
e.,
it
is
used
to
measure
a
required
methoddefined
parameter).
This
will
allow
more
flexibility
in
RCRA­
related
sampling
and
analysis
by
removing
unnecessary
required
uses
of
SW–
846.
2.
Withdraw
the
cyanide
and
sulfide
reactivity
guidance
from
sections
7.3.3
and
7.3.4
of
SW–
846
Chapter
Seven
and
withdraw
required
uses
of
reactive
cyanide
and
sulfide
methods
and
threshold
levels
from
conditional
delistings.
3.
Amend
the
regulations
for
the
ignitability
and
corrosivity
hazardous
waste
characteristics
by
clarifying
the
use
of
certain
methods.
As
part
of
this,
we
are
clarifying
in
§
261.22(
a)(
2)
that
SW–
846
Method
1110,
``
Corrosivity
Toward
Steel,
''
is
the
standardized
SW–
846
method
to
determine
the
characteristic
of
corrosivity
toward
steel.
We
also
propose
to
incorporate
by
reference
revisions
of
the
ASTM
methods
used
for
the
determination
of
flash
point
under
the
characteristic
of
ignitability.
Specifically,
we
propose
to
replace
references
to
ASTM
Methods
D
3278–
78
and
D
93–
79
or
D
93–
80
in
§
261.21(
a)(
1)
with
more
current
versions
of
the
methods,
to
be
referenced
as
ASTM
Methods
D
3278–
96
and
D
93–
99c.
4.
Incorporate
by
reference
Update
IIIB
to
SW–
846,
which
includes
four
revised
chapters,
including
the
revised
Chapter
Seven,
and
eleven
revised
methods,
including
method
revisions
to
remove
unnecessary
required
uses
of
SW–
846
Chapter
Nine,
``
Sampling
Plan,
''
and
to
update
references
to
the
aforementioned
ASTM
methods.
5.
Add
Method
25A
as
an
analytical
option
to
analyses
conducted
in
support
of
air
emission
standards
for
process
vents
and/
or
equipment
leaks
at
treatment,
storage,
and
disposal
facilities.
6.
Remove
a
requirement
to
demonstrate
that
feedstream
analytes
are
not
present
at
levels
above
the
80%
upper
confidence
limit
above
the
mean
for
sources
subject
to
NESHAP:
Final
Standards
for
Hazardous
Waste
Combustors.
This
rule
does
not
propose
to
add
any
additional
requirements
to
the
regulations.
Instead,
this
rule
removes
certain
existing
requirements
to
use
SW–
846,
and
it
clarifies
what
the
Agency
considers
to
be
other
appropriate
methods.
Our
goal
is
to
make
it
easier
and
more
cost
effective
to
comply
with
the
RCRA
regulations
by
allowing
more
flexibility
in
method
selection
and
use.
If
you
prefer,
you
can
still
use
the
SW–
846
methods
referenced
in
the
regulations
to
demonstrate
compliance.
As
noted
earlier
in
this
preamble,
we
are
only
proposing
revisions
to
small
portions
of
the
various
RCRA
Program
regulations
and
this
proposal
does
not
re­
open
other
parts
of
those
regulations
to
public
comment
or
judicial
review.
You
may
be
covered
by
this
action
if
you
conduct
waste
sampling
and
analysis
for
RCRA­
or
NESHAP­
related
activities.
Covered
entities
include
anyone
that
generates,
treats,
stores,
or
disposes
of
hazardous
or
nonhazardous
solid
waste
and
are
subject
to
RCRA
subtitle
C
or
D
sampling
and
analysis
requirements;
and
entities
subject
to
NESHAP
final
standards
for
hazardous
waste
combustors
(40
CFR
part
63,
subpart
EEE).
All
types
of
industries,
governments,
and
organizations
may
have
entities
that
generate
or
manage
RCRA­
regulated
solid
wastes
and
may
be
subject
to
RCRA­
related
sampling
and
analysis
requirements.
To
determine
whether
your
facility,
company,
business
organization,
etc.,
is
covered
by
this
action,
you
should
carefully
examine
the
applicability
criteria
in
part
63
and
in
parts
258
through
299
of
the
Code
of
Federal
Regulations.
If
you
have
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
in
the
preceding
FOR
FURTHER
INFORMATION
CONTACT
section.

III.
Background
and
Purpose
of
Proposed
Action
to
Reform
RCAARelated
Testing
and
Monitoring
Currently,
either
our
hazardous
and
nonhazardous
solid
waste
regulations
for
testing
and
monitoring
activities
(sampling
and
analysis)
under
RCRA
or
the
permits
or
waste
analysis
plans
of
facilities
regulated
by
RCRA
specify
the
analytes
of
concern
to
be
determined
in
a
matrix
of
concern
at
a
particular
regulatory
level
of
concern.
Additionally,
some
recently
promulgated
regulations
specify
the
confidence
level
of
concern.
Most
RCRA
regulations
leave
the
how
(i.
e.,
which
test
method
to
use)
up
to
you,
a
member
of
the
regulated
community.
However,
some
RCRA
regulations
require
the
use
of
methods
from
the
EPA
publication
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
also
known
as
``
SW–
846.''
We
initially
issued
SW–
846
in
1980
soon
after
the
first
RCRA
regulations
were
published.
At
that
time,
we
intended
that
SW–
846
serve
two
roles.

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66256
Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
First,
we
intended
that
it
serve
as
a
guidance
manual
of
generally
appropriate
and
reliable
analytical
methods
for
RCRA­
related
testing
and
monitoring.
Second,
we
intended
that
it
serve
as
a
readily­
available
source
of
those
few
analytical
methods
which
were
first
required
for
complying
with
the
RCRA
regulations.
Over
the
years,
we
published
regulations
that
required
the
use
of
SW–
846
methods
in
general.
Subsequently,
members
of
the
regulated
public
made
it
clear
to
EPA
that
they
would
like
the
opportunity
to
use
other
reliable
methods
in
compliance
with
RCRA,
and
EPA
also
decided
that
some
of
the
SW–
846
requirements
were
not
necessary.
The
requirement
to
use
SW–
846
in
general
(e.
g.,
the
delisting
regulations
at
§
260.22)
does
not
identify
specific
SW–
846
methods.
These
requirements
typically
include
the
analyses
of
many
different
analytes
which
can
be
determined
by
many
different
methods.
Almost
every
update
to
SW–
846
includes
at
least
one
method
that
may
be
applicable
to
the
requirements.
Therefore,
whenever
we
update
SW–
846,
we
must
incorporate
by
reference
the
new
and
revised
methods
into
the
RCRA
regulations
as
part
of
a
rulemaking.
We
have
to
issue
the
updates
as
a
proposed
rule,
request
public
comment,
and
then
promulgate
the
update
in
a
final
rule.
This
lengthy
process
delays
the
timely
use
of
new
analytical
technologies.
Also,
in
order
to
use
a
method
different
from
any
required
SW–
846
method,
members
of
the
regulated
community
have
to
develop
and
submit
an
equivalency
petition,
pursuant
to
§
260.21.
This
petition
process
discourages
the
timely
use
of
new
and
innovative
methods,
and
is
very
rarely
used
by
the
public,
perhaps
because
it
is
time­
consuming.
When
the
proposed
changes
of
this
rule
are
implemented,
it
will
not
be
necessary
to
submit
an
equivalency
petition
in
order
to
use
a
non­
SW–
846
method
for
most
sampling
and
analysis
scenarios.
On
May
8,
1998
in
the
Federal
Register
(63
FR
25430),
we
first
announced
our
intent
to
remove
the
unnecessary
required
uses
of
SW–
846
methods
from
the
RCRA
regulations.
At
that
time,
we
described
our
reasons
for
wanting
to
remove
those
required
uses
from
the
regulations,
including
our
desire
to
allow
more
flexibility
in
method
selection
and
fully
implement
a
performance­
based
measurement
system
(PBMS)
in
the
RCRA
Program.
We
also
requested
public
comment
on
our
plan.
The
public
comments
were
largely
favorable,
and
we
therefore
decided
to
proceed
with
publication
of
this
proposed
rule.
You
may
find
summaries
of
the
relevant
May
8,
1998
Federal
Register
public
comments
and
our
responses
to
those
comments
in
the
docket
to
this
proposed
rule,
docket
number
RCRA–
2002–
0025,
at
the
location
listed
above
under
ADDRESSES.
Therefore,
we
propose
to
restrict
the
requirement
to
use
a
specific
SW–
846
method
to
only
those
situations
where
its
particular
procedure
is
the
only
one
that
is
capable
of
measuring
the
property
(i.
e.,
a
method­
defined
parameter).
For
example,
to
determine
compliance
with
the
toxicity
characteristic
(TC),
waste
generators
must
test
their
waste
using
SW–
846
Method
1311,
``
The
Toxicity
Characteristic
Leaching
Procedure,
''
the
TCLP,
to
determine
whether
the
waste
leaching
potential
is
greater
than
the
TC
levels
specified
in
§
261.24.
The
TCLP
was
developed
as
a
means
of
simulating
the
leaching
potential
of
waste
material
placed
in
a
specific
environment.
It
was
the
test
used
to
develop
the
particular
regulatory
thresholds.
No
other
test
is
known
to
yield
the
same
leachate
concentrations
as
Method
1311,
the
TCLP,
and
therefore
we
describe
the
results
obtained
from
Method
1311
as
a
required
``
method­
defined
parameter.
''
Examples
of
other
SW–
846
methods
that
will
remain
required
for
methoddefined
parameters
(MDPs)
include
Method
9040,
``
pH
Electrometric
Measurement,
''
to
demonstrate
whether
a
waste
exhibits
the
corrosivity
characteristic
based
on
pH
levels,
and
Method
9095,
``
Paint
Filter
Liquids
Test,
''
to
demonstrate
the
absence
or
presence
of
free
liquids
in
wastes
managed
in
RCRA­
regulated
treatment,
storage,
and
disposal
facilities.
You
cannot
replace
or
modify
a
method
if
the
method
is
for
determination
of
a
RCRA­
required
method­
defined
parameter
(MDP).
However,
other
MDP
methods
exist
which
are
not
required
by
the
RCRA
regulations.
It
may
be
possible
to
modify
those
methods
without
adverse
regulatory
or
analytical
effects.
To
summarize,
our
reasons
for
restricting
required
uses
of
SW–
846
to
regulated
MDPs
include:
1.
Allowing
the
regulated
community
more
flexibility
in
method
use
during
RCRA­
required
testing.
2.
Stimulating
the
development
and
timely
use
of
innovative
and
more
costeffective
monitoring
technologies
and
approaches
in
the
RCRA
Program.
3.
Allowing
more
efficient
and
timely
releases
of
SW–
846
methods
by
decoupling
most
of
the
methods
from
required
uses
on
the
RCRA
regulations.
4.
Making
the
RCRA
Program
more
effective
by
focusing
on
measurement
objectives
rather
than
on
measurement
technologies.

A.
How
To
Determine
If
A
Method
Is
Appropriate
Our
proposed
revisions
to
remove
required
uses
of
SW–
846
methods
include
language
allowing
the
use
of
``
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources.
''
Such
a
method
might
be
one
published
by
EPA
in
a
different
manual
or
regulation
or
published
by
another
government
agency,
a
voluntary
standards
setting
organization,
or
other
well­
known
sources.
We
retained
mention
of
the
SW–
846
methods
in
the
regulations
as
guidance
and
examples
of
methods
that
could
be
appropriate.
There
are
two
primary
considerations
in
selecting
an
appropriate
method,
as
addressed
below.

i.
Appropriate
Methods
Are
Reliable
and
Accepted
as
Such
in
the
Scientific
Community
Methods
published
by
the
Agency
or
other
government
entities
use
techniques
that
have
documented
reliability
and
are
generally
accepted
by
the
scientific
community.
SW–
846
methods
are
reviewed
by
a
technical
workgroup
composed
of
national
expertlevel
chemists
who
provide
peer
input
and
determine
whether
method
reliability
is
sufficiently
documented.
The
technical
reliability
and
acceptance
of
methods
published
by
other
governmental
or
non­
governmental
organizations
may
also
be
documented,
especially
if
the
methods
are
subjected
to
some
form
of
objective
scientific
review.

ii.
Appropriate
Methods
Generate
Effective
Data
Effective
data
are
data
of
sufficiently
known
and
appropriate
quality
to
be
used
during
project­
specific
decisions.
An
example
of
such
a
decision
is
whether
a
particular
waste
is
hazardous
because
a
constituent
of
concern
is
present
above
a
level
of
concern.
Before
sampling
and
analysis
begins,
project
planners
should
identify
why
the
analysis
is
being
done,
how
the
data
will
be
used,
and
how
``
good''
the
data
has
to
be
(e.
g.,
the
DQOs).
Effective
data
meet
any
data
quality
objectives
(DQOs)
set
by
the
project
planners
for
the
specific
project.
These
objectives
(further
described
below)
should
be
rationally
and
systematically
identified
during
the
planning
of
the
project
and
development
of
the
project­
specific
Quality
Assurance
Project
Plan
(QAPP),
Waste
Analysis
Plan
(WAP),
or
Sampling
and
Analysis
Plan
(SAP).
Sampling
and
analysis
documentation
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FR\
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30OCP3.
SGM
30OCP3
66257
Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
should
be
sufficient
to
confirm
that
the
data
are
effective.
Data
quality
objectives
or
DQOs
generally
refer
to
the
necessary
quality
of
the
overall
decision
to
be
made
or,
in
other
words,
the
tolerable
error
(i.
e.,
acceptable
level
of
uncertainty
for
the
decision).
For
example,
a
DQO
for
waste
analysis
may
be
that
one
must
demonstrate
that
an
analyte
is
not
present
above
the
reported
level
at
the
80
percent
upper
confidence
around
the
mean,
and
that
the
method
could
have
detected
the
presence
of
the
analyte
at
that
level
and
confidence
limit.
A
DQO
may
be
specified
in
a
regulation,
a
permit,
a
corrective
action
agreement,
or
other
regulatory
or
enforcement
document.
Sometimes
you
must
consider
a
DQO
regulatory
specification
when
selecting
an
appropriate
method.
For
example,
the
RCRA
comparable
fuels'
provisions
include
DQOs
in
lieu
of
naming
the
use
of
specific
methods
(see
63
FR
33781,
June
19,
1998).
You
can
find
guidance
on
the
development
of
DQOs
in
EPA's
``
Guidance
for
the
Data
Quality
Objectives
Process''
(EPA
QA/
G–
4)
found
at
EPA's
Quality
Staff's
Web
site
(http://
www.
epa.
gov/
quality/),
in
Chapter
One,
``
Quality
Control,
''
of
SW–
846,
and
in
ASTM
D
5792,
``
Standard
Practice
for
Generation
of
Environmental
Data
Related
to
Waste
Management
Activities:
Development
of
Data
Quality
Objectives.
''
You
should
identify
the
types
of
quality
control
(QC)
concepts
(e.
g.,
spike
recovery
analyses,
blanks,
etc.)
you
will
use
to
determine
if
you
meet
your
objectives.
For
example,
selection
of
an
appropriate
method
is
sometimes
demonstrated
by
adequate
recovery
of
spiked
or
surrogate
analytes
and
reproducible
results,
or
through
successful
analysis
of
a
standard
reference
material
of
a
matrix­
type
analogous
to
that
of
the
actual
sample
matrix.
The
method
may
not
be
appropriate
for
its
intended
use
if
your
data
show
inadequate
recovery
of
an
analyte
at
a
level
that
impairs
a
decision
regarding
whether
the
analyte
is
present
at
or
below
its
regulatory
level.
Such
a
method
would
not
generate
effective
data.
Based
on
your
QC
data,
you
should
determine
whether
the
method
generates
results
that
are
sufficiently
sensitive,
unbiased,
and
precise
to
demonstrate
compliance
with
the
subject
regulation.
However,
you
should
not
focus
only
on
controlling
or
documenting
analytical
quality,
because
regulatory
decisions
are
also
susceptible
to
error
due
to
sampling
procedures.
If
the
contaminant
variability
is
not
properly
addressed
during
the
planning
and
collection
of
samples,
an
incorrect
decision
could
be
reached
even
though
the
method
performed
well
in
terms
of
laboratory
quality
control.
No
matter
how
accurate
or
precise
the
laboratory
analysis,
the
data
will
provide
misleading
information
if
excessive
error
is
introduced
by
improper
sampling
procedures.
Guidance
on
identifying
the
necessary
quality
control
procedures
and
on
minimizing
the
potential
for
both
analytical
and
sampling
error
can
be
found
at
the
EPA
Quality
Staff's
Web
site
(http://
www.
epa.
gov/
quality/)
or
in
Chapters
One,
Two,
and
Nine
of
SW–
846,
and
in
some
methods.
Finally,
you
should
identify
appropriate
methods
for
a
specific
project
before
sampling
and
analysis
begins.
As
the
regulated
entity,
you
are
ultimately
responsible
for
compliance
with
a
particular
regulation.
Therefore,
you
should
not
rely
on
the
laboratory
or
other
project
participant
to
select
an
appropriate
method.
We
recommend
that
you
consult
with
your
regulating
authority
during
identification
of
performance
goals
and
the
selection
of
appropriate
methods.

iii.
Request
for
Public
Comments
on
Appropriate
Method
Selection
and
Use
We
are
interested
in
public
comments
regarding
the
selection
and
use
of
other
appropriate
methods
in
the
RCRA
regulations,
as
described
above.
We
are
particularly
interested
in
responses
to
the
following
questions:
1.
What
concerns
exist
regarding
the
selection
of
appropriate
methods
by
the
regulated
community?
2.
What
other
guidance
is
needed
to
aid
in
the
selection
of
appropriate
methods
by
the
regulated
community?

B.
Why
We
Selected
the
Proposed
Approach
Over
Other
Approaches
We
considered
several
approaches
to
promoting
method
use
flexibility
in
the
RCRA
regulations.
We
selected
the
``
appropriate
method''
approach
because
it
is
universally
applicable
to
the
subject
RCRA
regulations.
It
also
requires
only
minimal
revisions
to
the
regulations
for
implementation.
In
addition,
the
option
to
use
``
appropriate
methods''
is
not
new
to
the
RCRA
regulations.
For
example,
use
of
the
TCLP,
SW–
846
Method
1311,
is
required
for
determinations
regarding
whether
a
waste
is
hazardous
for
the
toxicity
characteristic
(the
TC).
It
generates
an
extract
(the
leachate)
which
is
subjected
to
determinative
analysis
for
comparison
with
the
TC
regulatory
limits.
However,
the
TCLP
procedure
does
not
require
specific
methods
for
the
leachate
determinative
analysis,
nor
does
it
specify
the
use
of
even
SW–
846
methods
in
general
for
the
analysis.
It
allows
method
flexibility
similar
to
that
proposed
by
this
rule
by
stating
in
its
sec.
7.2.14:
``
The
TCLP
extract
shall
be
prepared
and
analyzed
according
to
appropriate
analytical
methods.
''
Before
finalizing
this
rule,
we
would
like
the
public's
opinion
of
the
alternative
approaches
that
we
considered,
as
described
below.
Please
provide
specific
reasons
for
your
positions
regarding
the
alternative
approaches,
including
perceived
advantages
or
disadvantages.
1.
As
a
variation
to
the
``
appropriate
method''
approach
described
above,
should
we
remove
mention
of
SW–
846
methods
as
examples
of
appropriate
methods
from
the
subject
regulations?
We
are
interested
in
whether
retaining
mention
of
the
SW–
846
methods
offers
significant
advantages
or
disadvantages.
(For
example,
one
disadvantage
could
be
that
it
might
leave
an
incorrect
impression
that
the
SW–
846
methods
are
still
preferred
by
EPA).
2.
In
lieu
of
the
``
appropriate
method''
approach,
should
we
instead
add
performance
criteria
to
each
regulation,
such
as
done
in
the
aforementioned
comparable
fuel
rulemaking,
and
not
mention
or
require
the
use
of
an
appropriate
method
(including
any
SW–
846
methods)?
We
did
not
select
this
approach
because
it
might
not
be
directly
applicable
to
some
regulations
and
then
might
require
significant
regulatory
changes
with
greater
impacts.

C.
Potential
Impacts
From
Removal
of
Required
Uses
of
SW–
846
Analyses
If
the
regulatory
revisions
of
this
proposed
rule
are
promulgated,
you
can
use
any
appropriate
analytical
test
method
in
demonstrating
compliance
with
the
RCRA
regulations,
except
for
those
demonstrations
involving
required
method­
defined
parameters.
For
the
reasons
given
in
this
section,
we
believe
that
this
action
will
not
significantly
or
adversely
impact
the
regulated
community
or
other
potentially
affected
parties.
In
fact,
the
primary
impact
of
this
rule
if
adopted
will
be
to
result
in
better
analytical
results
and
lower
costs.
All
of
the
entities
involved
with
the
task
of
waste
characterization
will
pay
far
greater
attention
to
method
performance.
In
addition,
project
planners
and
laboratories
will
be
able
to
identify
methods
that
are
potentially
less
costly
to
the
regulated
community.

i.
Expected
Impact
on
Regulated
Entities
The
use
of
other
appropriate
methods
will
be
an
option,
not
a
requirement.
Regulated
entities
may
continue
to
use
the
specified
SW–
846
methods
to
demonstrate
compliance
and
thus
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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
experience
no
impact
from
this
rulemaking.
EPA
will
also
continue
to
publish
and
update
SW–
846
methods
and
ensure
their
scientific
soundness
by
following
peer
review
guidelines
and
requesting
public
comment
on
the
methods
through
Federal
Register
notices.
We
primarily
believe
that
an
entity
will
choose
to
use
another
appropriate
method
from
that
listed
in
the
regulations
only
when
it
is
beneficial
to
do
so.
Method
choice
will
be
based
on
expected
efficiencies
in
cost
and
performance.
For
example,
you
may
use
methods
that
are
more
appropriate
for
your
particular
matrix,
and
cut
the
cost
of
using
unnecessary
standards.
Also,
a
demonstration
that
another
method
is
appropriate
is
not
new
to
RCRA­
related
sampling
and
analysis
and
will
not
involve
much
more
than
what
regulated
entities
already
should
be
doing.
For
example,
you
should
already
be
setting
method
performance
goals
in
your
Quality
Assurance
Project
Plan
(QAPP)
or
Sampling
and
Analysis
Plan
(SAP),
and
evaluating
compliance
with
them
based
on
QC
data
or
other
data
quality
indicators.
Some
public
comments
in
response
to
our
notice
of
May
8,
1998,
expressed
concern
regarding
the
comparability
of
data
generated
by
different
methods
for
the
same
purpose.
First,
this
issue
is
not
new,
because
some
regulations
already
allow
the
use
of
more
than
one
method.
We
also
disagree
that
this
should
be
a
concern,
provided
that
any
alternative
method
is
also
an
appropriate
method
as
defined
above.
Specifically,
if
both
methods
generate
effective
data
and
meet
the
same
performance
goals
of
the
project,
then
data
from
both
methods
are
comparable.
This
has
always
been
EPA's
approach
in
comparing
data
by
different
methods,
and
it
is
not
affected
or
changed
by
this
proposal.
As
a
stakeholder,
you
may
prefer
a
more
prescriptive
approach
in
the
regulations
because
method­
specific
requirements
remove
the
burden
of
method­
selection
decision
making.
You
may
believe
that
this
translates
into
lower
costs
and
better
compatibility
within
a
workforce
of
permit
writers
and
other
project
participants
who
may
not
have
method­
selection
expertise.
We
are
familiar
with
this
argument
and
would
like
to
better
understand
its
perspective.
However,
we
believe
that
many
method­
selection
decisions
should
be
project
specific
and
thus,
when
such
an
approach
is
applicable,
specific
methods
should
not
be
required
in
the
regulations.
Even
before
this
proposed
rulemaking,
project
planners
and
other
participants
should
be
evaluating
the
effectiveness
of
methods
during
facility
or
waste
evaluations.
You
also
may
be
concerned
about
the
impact
of
this
proposal
on
existing
RCRA
permits.
RCRA
permits
are
typically
effective
up
to
ten
years.
This
proposal,
if
finalized,
would
only
effect
new
or
reissued
permits,
and
only
as
an
option
for
flexibility
in
method
selection.
Therefore,
RCRA
permits
need
not
be
adversely
impacted
by
this
action.
Finally,
this
rule
does
not
propose
new
information
collection
or
reporting
requirements
for
regulated
entities.
Sections
260.22(
i)
(reporting
requirements
for
petitions
to
exclude
wastes)
and
264.13(
b)
and
265.13(
b)
(reporting
requirements
for
owners
and
operators
of
hazardous
waste
management
facilities)
provide
sufficient
reporting
requirements
to
cover
RCRA­
related
testing
and
analysis
documentation
regarding
the
use
of
other
appropriate
methods.

ii.
Expected
Impact
on
States
Many
of
the
public
comments
in
response
to
our
May
8,
1998,
notice
favored
State
adoption
of
these
revisions,
but
were
concerned
that
this
action
will
impose
additional
burden
on
States.
In
response,
we
note
that
the
regulatory
changes
in
this
rule
are
equivalent
to
or
less
stringent
than
the
existing
Federal
regulations
which
they
amend.
Therefore,
authorized
States
are
not
required
to
adopt
and
seek
authorization
for
this
rulemaking.
Nevertheless,
we
encourage
the
adoption
of
these
or
similar
revisions
by
authorized
States
in
order
to
promote
national
adoption
of
PBMS.
In
addition,
if
States
choose
to
adopt
these
revisions,
the
impact
will
not
be
significant
since
they
already
conduct
method
selection
and
data
quality
reviews
to
determine
compliance
with
their
testing
and
monitoring
regulations.

iii.
Education
Efforts
by
EPA
To
Facilitate
Implementation
Many
public
comments
received
on
our
May
8,
1998
notice
expressed
a
need
for
communication
and
training,
at
all
levels,
to
minimize
any
adverse
impacts
and
promote
implementation.
Therefore,
we
plan
to
educate
and
train
the
States,
EPA
Regions,
and
the
regulated
community
regarding
the
implementation
of
this
rule,
through
such
mechanisms
as
web
and
internet
training
modules,
workshops,
and
fact
sheets.
Over
the
past
six
years,
we
have
offered
program­
specific
training
(e.
g.,
``
Analytical
Strategy
for
the
RCRA
Program:
A
Performance­
Based
Approach'')
for
EPA
Headquarters,
Regional,
and
State
personnel
involved
in
RCRA
activities
that
include
sampling
and
analysis.
We
plan
to
offer
other
courses
on
the
evaluation
of
data
and
permit
writing
from
a
PBMS
and
effective
data
standpoint.
In
addition,
we
encourage
affected
entities
to
contact
the
Methods
Information
Communication
Service
(MICE
Service,
see
ADDRESSES)
for
answers
to
any
questions
or
concerns
regarding
the
use
of
other
appropriate
methods.
These
communication
and
training
efforts
will
help
ensure
consistency
in
implementation
of
this
rule
by
the
States,
Regions,
and
regulated
community
and
help
limit
any
associated
costs.

iv.
Request
for
Public
Comment
on
Impacts
and
Implementation
We
request
public
comment
on
the
impact
of
this
proposed
rule
and
how
we
might
promote
its
successful
implementation.
We
are
particularly
interested
in
public
comment
to
the
following
questions:
1.
What
can
we
do
to
remove
implementation
barriers
and
maximize
the
benefits
from
the
flexibility
provided
by
this
action?
2.
What
might
be
the
economic
impact
on
the
regulated
community
and
other
entities
as
a
direct
result
of
this
action?
3.
What
concerns
exist
regarding
implementation
and
compliance
assessments
involving
the
use
of
other
appropriate
methods?
4.
Are
there
any
technical
or
programmatic
barriers
to
the
implementation
of
this
approach?
5.
What
guidance
or
training
is
needed
to
assure
successful
implementation
of
this
action?
6.
What
new
or
uncommon
data
quality
problems
might
be
caused
by
allowing
increased
flexibility
in
method
selection?

IV.
Proposed
Regulatory
Revisions
Involving
Removal
of
SW–
846
Requirements
Sections
IV.
A
through
IV.
J
address
revisions
to
remove
the
requirement
to
use
only
SW–
846
methods
and
add
the
flexibility
to
use
other
appropriate
methods.
The
overall
basis
for
these
revisions
is
explained
in
section
II
above.
Table
2—
lists
the
proposed
revisions
for
each
regulation
to
remove
SW–
846
requirements
and
allow
the
flexibility
to
use
other
appropriate
methods.
It
also
lists
the
preamble
section
which
describes
the
revisions.
As
addressed
by
section
IV.
K,
we
also
propose
to
revise
the
incorporation
by
reference
of
SW–
846
in
§
260.11
so
that
it
only
includes
SW–
846
methods
required
for
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defined
parameters.
Therefore,
for
each
section
where
we
propose
to
remove
the
requirement
to
use
only
SW–
846
methods,
we
propose
to
also
remove
the
SW–
846
incorporation
by
reference.

TABLE
2.
REVISIONS
TO
RCRA
REGULATIONS
TO
REMOVE
REQUIRED
USES
OF
SW–
846
METHODS
Revised
regulation
Affected
topic
or
program
Preamble
section
§
260.22(
d)(
1)(
i)
...............................................................................
Delisting
.........................................................................................
IV.
A
Appendix
IX
to
part
261
..................................................................
Delisting
.........................................................................................
IV.
A
§§
261.35(
b)(
2)
(iii)(
A)
and
(B)
........................................................
Deletion
of
certain
waste
codes
following
equipment
cleaning
....
IV.
B
§
261.38(
c)(
7)
..................................................................................
Comparable/
syngas
fuel
exclusion
................................................
IV.
C
§§
264.1034(
d)(
1)
(iii),
264.1063(
d)
(2),
265.1034(
d)(
1)
(iii),
and
265.1063(
d)(
2).
Air
emission
standards
for
process
vents
and
equipment
leaks
..
IV.
D
§§
265.1084(
a)(
3)
(iii)
and
(b)(
3)
tanks,
(iii),
and
265.1084(
a)(
3)(
ii)
(C),
(b)(
3)(
ii)(
C),
and
(c)(
3)(
i).
Air
emission
control
requirements
for
surface
impoundments,
and
containers.
IV.
E
§§
266.100(
d)(
1)
(ii)
and
(g)(
2),
and
266.102(
b)(
1)
........................
Hazardous
wastes
burned
in
boilers
and
industrial
furnaces
(BIFs).
IV.
F
§
266.106(
a)
....................................................................................
Control
of
metal
emissions
at
BIFs
...............................................
IV.
G
§§
266.112(
b)(
1)
and
(b)(
2)(
i)
..........................................................
Residues
from
burning
of
wastes
in
BIFs
.....................................
IV.
H
Appendix
IX,
part
266
.....................................................................
Methods
Manual
for
BIF
regulations
.............................................
IV.
I
§§
270.19(
c)(
1)
(iii)
and
(iv),
270.22(
a)(
2)(
ii)(
B),
270.62(
b)(
2)(
i)(
C)
and
(D),
270.66(
c)
(2)(
i)
and
(ii).
Part
B
information
and
trial
burn
plan
requirements
for
incinerators
and
BIFs.
IV.
J
We
request
comment
on
each
of
the
revisions,
particularly
in
response
to
the
following
questions:
1.
Does
the
revision
provide
adequate
flexibility
in
method
selection
to
facilitate
the
use
of
new
technologies
and
encourage
a
greater
focus
on
the
performance
of
monitoring
programs
during
compliance
with
the
regulation?
2.
What
are
the
perceived
technical
and
programmatic
barriers
to
implementing
the
revision?
3.
What
is
the
economic
impact
of
the
revision?
4.
What
guidance
or
training
is
needed
to
aid
implementation
of
the
revised
regulation?

A.
Removal
of
Requirements
To
Use
Only
SW–
846
in
§
260.22(
d)(
1)(
i)
and
Appendix
IX
to
Part
261
Section
260.22(
d)(
1)(
i)
currently
states
that
SW–
846
methods
must
be
used
as
part
of
a
petition
to
amend
part
261
to
exclude
(``
delist'')
a
waste
listed
with
code
``
T''.
We
believe
that
the
mandatory
use
of
only
SW–
846
methods
for
this
aspect
of
a
delisting
demonstration
is
not
necessary.
Therefore,
we
are
proposing
to
revise
§
260.22(
d)(
1)(
i)
by
removing
the
requirement
to
use
only
SW–
846
methods,
deleting
the
incorporation
by
reference
referral
to
§
260.11,
and
explicitly
allowing
the
use
of
appropriate
methods
from
other
reliable
sources.
With
this
revision,
if
you
submit
a
delisting
petition,
you
will
no
longer
be
required
to
use
only
SW–
846
methods.
We
also
strongly
recommend
that
you
work
with
your
regulating
entity
(e.
g.,
EPA
Region
or
authorized
State)
during
selection
of
methods
for
a
delisting
demonstration.
In
this
instance,
the
methods
are
not
being
used
as
required
method­
defined
parameters.
(Note:
We
are
not
proposing
revisions
to
§
260.22(
d)(
3)
of
the
delisting
petition
regulations
which
address
the
use
of
methods
for
determining
whether
wastes
are
characteristic
hazardous
wastes.)
We
also
propose
to
revise
certain
conditional
delistings
(hazardous
waste
exclusions)
in
appendix
IX,
to
Part
261
``
Wastes
Excluded
Under
§§
260.20
and
260.22.''
We
are
revising
the
delistings
to
allow
the
use
of
appropriate
methods
besides
SW–
846
methods
during
the
required
waste
analysis.
In
most
cases,
we
are
including
the
following
language
in
the
conditional
delistings:
``
Analyses
must
be
performed
according
to
appropriate
methods
such
as
methods
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
§
260.11,
which
must
be
used
without
substitution).
''
With
this
language,
if
you
are
an
owner/
operator
of
the
facility,
you
will
have
the
option
to
use
appropriate
methods
from
other
reliable
sources
besides
SW–
846.
Some
conditional
delistings
require
the
use
of
Methods
9010
(``
Total
and
Amenable
Cyanide:
Distillation'')
and
9012
(``
Total
and
Amenable
Cyanide
(Automated
Colorimetric,
with
Off­
line
Distillation'').
These
methods,
although
proposed
to
be
retained
in
§
260.11(
a)(
11)
as
method­
defined
parameters
because
of
their
required
use
under
§
268.44,
the
universal
treatment
standards
under
the
land
disposal
restrictions
regulations
are
not
being
used
in
those
delistings
for
that
purpose.
Therefore,
we
believe
the
facilities
should
be
allowed
to
use
another
appropriate
method,
if
they
choose
to
do
so.
Specifically,
we
propose
to
revise
the
conditional
exclusions
found
in
Table
1
of
appendix
IX
of
part
261
for
the
following
facilities
(listed
in
order
of
appearance):

—Aptus,
Inc.,
Coffeyville,
Kansas
—Arkansas
Department
of
Pollution
Control
and
Ecology,
Vertac
Superfund
site,
Jacksonville,
Arkansas
—BMW
Manufacturing
Corporation,
Greer,
South
Carolina
—Bethlehem
Steel
Corporation,
Sparrows
Point,
Maryland
—DuraTherm,
Inc.,
San
Leon,
Texas
—Eastern
Chemical
Company,
Longview,
Texas
—Envirite
of
York,
Pennsylvania
—Geological
Reclamation
Operations
and
Systems,
Inc.,
Morrisville,
Pennsylvania
—McDonnell
Douglas
Corporation,
Tulsa,
Oklahoma
—Occidental
Chemical,
Ingleside,
Texas
—Rhodia,
Houston,
Texas
—Syntex
Agribusiness,
Springfield,
Missouri
—Texas
Eastman,
Longview,
Texas
—Tyco
Printed
Circuit
Group,
Melbourne,
FL
We
also
propose
to
revise,
as
described
above,
the
conditional
exclusions
found
in
Table
2
of
appendix
IX
of
part
261
for
the
following
facilities
(listed
in
order
of
appearance):
—Bethlehem
Steel
Corporation,
Steelton,
Pennsylvania
—Bethlehem
Steel
Corporation,
Johnstown,
Pennsylvania
—BF
Goodrich
Intermediates
Company,
Inc.,
Calvert
City,
Kentucky
—CF&
I
Steel
Corporation,
Pueblo,
Colorado
—Chaparrel
Steel
Midlothian
L.
P.,
Midlothian,
Texas
—Conversion
System,
Inc.,
Horsham,
Pennsylvania
—DOE–
RL,
Richland,
Washington
—Envirite,
York,
Pennsylvania
—Marathon
Oil
Co.,
Texas
City,
Texas
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—Occidental
Chemical
Corporation,
Muscle
Shoals
Plant,
Sheffield,
Alabama
—Occidental
Chemical
Corporation,
Delaware
City,
Delaware
—Oxy
Vinyls,
Deer
Park,
Texas
—Roanoke
Electric
Steel
Corporation,
Roanoke,
Virginia
—USX
Steel
Corporation,
USS
Division,
Southworks
Plant,
Gary
Works,
Chicago,
Illinois
B.
Removal
of
Requirements
To
Use
Only
SW–
846
Method
8290
in
§
261.35(
b)(
2)(
iii)(
A)
and
(B)
Section
261.35(
b)(
2)(
iii)
addresses
the
testing
of
rinses
from
equipment
cleaning
when
generators
are
demonstrating
that
certain
wastes
from
wood
preserving
processes
do
not
meet
the
listing
definition
of
hazardous
waste
code
F032
(wastewaters,
process
residuals,
preservative
drippage,
and
spent
formulations
from
wood
preserving
processes
generated
at
plants
that
use
chlorophenolic
formulations).
Paragraph
(A)
of
the
section
currently
includes
a
requirement
to
use
SW–
846
Method
8290,
``
Polychlorinated
Dibenzodioxins
(PCDDs)
and
Polychlorinated
Dibenzofurans
(PCDFs)
by
High­
resolution
Gas
Chromatography/
High­
resolution
Mass
Spectrometry.
''
The
testing
of
PCDDs
and
PCDFs
using
this
method
does
not
involve
a
method­
defined
parameter.
Therefore,
we
believe
that
appropriate
methods
from
other
reliable
sources
should
be
allowed
for
this
determination.
In
addition,
paragraph
(B)
of
§
261.35(
b)(
2)(
iii)
defines
criteria
for
``
not
detected''
values
based
on
information
found
in
SW–
846
Method
8290.
We
propose
that
other
appropriate
methods
should
be
allowed
if
they
meet
those
criteria.
If
you
are
a
generator
subject
to
these
regulations,
you
will
still
be
required
to
test
for
PCDDs
and
PCDFs.
However,
you
will
have
flexibility
in
method
selection
and
can
consider
the
use
of
other
methods
besides
SW–
846
Method
8290.

C.
Removal
of
Requirement
to
Use
Only
SW–
846
in
§
261.38(
c)(
7)
Section
261.38(
c)(
7)
addresses
a
demonstration
for
the
exclusion
of
a
waste
that
meets
comparable/
syngas
fuel
specifications.
The
section
states
that,
as
the
waste
generator,
you
``
shall''
develop
and
follow
a
plan
for
the
sampling
and
analysis
of
the
waste,
and
that
the
plan
``
shall''
be
developed
in
accordance
with
SW–
846.
We
propose
to
revise
this
section
by
replacing
the
second
``
shall''
with
``
should''
and
allow
the
use
of
other
sampling
and
analysis
guidance,
besides
that
found
in
SW–
846,
during
waste
analysis
plan
development,
provided
the
other
guidance
is
appropriate
for
your
demonstration.
In
this
case,
other
guidance
will
be
appropriate
if
it
addresses
procedures
needed
to
meet
your
sampling
and
analysis
performance
goals.

D.
Removal
of
Requirements
To
Use
Only
SW–
846
Method
8260
in
§§
264.1034(
d)(
1)(
iii),
264.1063(
d)(
2),
265.1034(
d)(
1)(
iii),
and
265.1063(
d)(
2)

Sections
264.1034(
d)(
1)(
iii),
264.1063(
d)(
2),
265.1034(
d)(
1)(
iii),
and
265.1063(
d)(
2)
collectively
provide
test
methods
and
procedures
applicable
to
the
air
emission
standards
for
process
vents
and/
or
equipment
leaks
at
treatment,
storage,
and
disposal
facilities
(TSDFs).
SW–
846
Method
9060,
``
Total
Organic
Carbon,
''
and
SW–
846
Method
8260,
``
Volatile
Organic
Compounds
by
Gas
Chromatography/
Mass
Spectrometry,
''
are
required
for
the
determination
of
total
organic
carbon
(TOC).
Method
9060
is
used
to
directly
determine
TOC,
and
thus
is
used
for
determination
of
a
methoddefined
parameter.
If
the
conditions
under
which
organic
carbon
is
converted
to
carbon
dioxide
are
altered,
there
is
a
significant
potential
that
a
smaller
or
greater
fraction
of
the
carbonaceous
material
will
be
converted.
Method
8260
is
used
to
determine
the
individual
analytes
that
may
be
components
of
the
TOC.
This
use
of
Method
8260
is
not
for
a
methoddefined
parameter.
Therefore,
we
propose
to
revise
these
sections
to
allow
the
use
of
appropriate
methods
from
other
reliable
sources
in
lieu
of
SW–
846
Method
8260.
If
you
are
a
facility
owner/
operator
subject
to
these
regulations,
you
will
still
be
required
to
determine
the
TOC
content
in
your
waste.
However,
if
you
choose
not
to
directly
determine
TOC
by
Method
9060,
you
will
be
able
to
consider
the
use
of
appropriate
methods
other
than
Method
8260
for
the
determination
of
individual
analytes.
Also,
if
this
rule
is
finalized,
Method
8260
will
no
longer
be
incorporated
by
reference
since
it
will
not
be
solely
required
by
any
RCRA
regulation.
Therefore,
we
also
propose
to
move
the
phrase
``(
incorporated
by
reference
under
§
260.11)
''
from
after
Method
8260
to
after
Method
9060.
This
revision
will
correctly
indicate
which
method
remains
incorporated
by
reference.
E.
Removal
of
Requirements
To
Use
Only
SW–
846
Methods
8260
and
8270
and
Revisions
to
Listing
of
Method
Options
in
§§
265.1084(
a)(
3)(
iii)
and
(b)(
3)(
iii);
and
Revisions
to
§§
265.1084(
a)(
3)(
ii)(
C),
(b)(
3)(
ii)(
C),
and
(c)(
3)(
i)

Sections
264.1083
and
265.1084
address
the
waste
determination
procedures
for
the
subpart
CC
air
emission
control
requirements
for
tanks,
surface
impoundments,
and
containers.
Section
265.1084
addresses
the
requirements
for
interim
status
treatment,
storage,
and
disposal
facilities
(facilities
that
existed
at
the
time
that
the
regulations
were
established
and
which
needed
time
to
fully
comply
with
the
regulations)
and
provides
the
details
for
such
procedures.
Section
264.1083
addresses
the
requirements
for
treatment,
storage
and
disposal
facilities
which
were
constructed
after
the
regulations
were
promulgated
and
directly
references
the
regulations
in
§
265.1084.
The
Agency
fully
explained
the
basis
and
history
of
the
waste
determination
procedures
in
these
regulations.
(See
59
FR
62915,
December
6,
1994;
61
FR
4906,
February
9,
1996;
61
FR
59942,
November
25,
1996;
62
FR
64646,
December
8,
1997;
and
64
FR
3384,
January
21,
1999.)
One
purpose
for
waste
determination
under
these
regulations
is
to
determine
if
a
unit
is
exempt
from
the
air
emission
control
requirements.
One
way
that
a
unit
can
be
exempt
from
the
subpart
CC
requirements
is
if
it
manages
a
hazardous
waste
with
an
average
volatile
organic
(VO)
concentration
less
than
500
parts
per
million
by
weight
(ppmw).
As
the
owner
or
operator
of
the
waste
management
facility,
you
can
make
a
direct
determination
of
the
VO
concentration
using
waste
analysis.
For
the
purpose
of
such
a
waste
determination,
you
must
evaluate
the
mass
of
all
VO
constituents
in
the
waste
that
have
a
Henry's
Law
value
greater
than
or
equal
to
0.1
mole­
fraction­
inthe
gas­
phase/
mole­
fraction­
in­
theliquid
phase
(0.1
Y/
X),
which
can
also
be
expressed
as
1.8
×
10
–6
atmospheres/
gram­
mole/
m
3
at
25
degrees
Celsius.
The
compounds
exceeding
these
levels
are
the
constituents
(analytes)
of
concern
for
this
determination.
(The
Henry's
Law
constant
of
a
compound
is
one
way
that
is
commonly
used
to
predict
the
potential
of
a
compound
to
volatilize.)
Sections
265.1084(
a)(
3)(
iii)
and
(b)(
3)(
iii)
specify
the
analytical
methods
that
you
must
use
to
determine
the
VO
concentration.
The
list
includes
Method
25D
(``
Determination
of
the
Volatile
Organic
Content
of
Waste
Samples'')

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/
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67,
No.
210
/
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October
30,
2002
/
Proposed
Rules
found
in
40
CFR
part
60,
appendix
A;
Methods
624
(``
Purgeables''),
625
(``
Base
Neutrals
and
Acids''),
1624
(``
Volatile
Organics
by
Isotope
Dilution
GC/
MS''),
and
1625
(``
Semivolatile
Organics
by
Isotope
Dilution
GC/
MS'')
found
in
40
CFR
part
136,
appendix
A;
and
Methods
8260
(``
Volatile
Organic
Compounds
by
Gas
Chromatography/
Mass
Spectrometry'')
and
8270
(``
Semivolatile
Organic
Compounds
by
Gas
Chromatography/
Mass
Spectrometry'')
found
in
SW–
846.
SW–
846
Methods
8260
and
8270
are
listed
in
§
265.1084(
a)(
3)(
iii)(
F)
and
(G)
and
(b)(
3)(
iii)(
F)
and
(G).
Method
25D
is
a
nonspecific
determinative
procedure
that
provides
a
total
volatile
organic
concentration.
The
other
methods
listed
in
the
subject
regulation
are
analyte­
specific
determinative
procedures.
These
methods
are
not
being
used
for
methoddefined
parameters.
We
originally
offered
the
analyte­
specific
methods
as
alternatives
to
Method
25D
in
response
to
public
comments
regarding
the
aggressiveness,
expense,
and
repeatability
of
Method
25D.
We
added
those
methods
and
related
conditions
for
their
use
so
that
you
would
have
a
range
of
practical
and
affordable
method
options.
However,
for
consistency
with
the
intent
and
purpose
of
this
proposed
rule,
we
propose
to
remove
from
§§
265.1084(
a)(
3)(
iii)
and
(b)(
3)(
iii)
text
related
to
the
listing
of
Methods
624,
625,
1624,
1625,
8260,
and
8270
as
alternative
methods
to
Method
25D,
and
add
language
allowing
the
use
of
other
appropriate
methods
from
other
reliable
sources
and
give
Methods
624,
625,
1624,
1625,
8260
and
8270
as
examples
of
such
methods.
We
give
our
reasons
for
each
revision
in
the
paragraphs
to
follow.
We
are
removing
the
listing
of
Methods
624,
625,
1624,
1625,
8260
and
8270
as
method
options
because,
given
the
addition
of
the
phrase
``
or
other
appropriate
methods,
''
a
listing
of
these
methods
is
unnecessary.
We
have
retained
them
as
examples
of
appropriate
methods
because
they
cover
many
of
the
analytes
of
interest,
and
are
approved
methods
for
RCRA­
related
analyses.
By
making
this
change,
we
are
still
abiding
by
our
original
intent
to
include
methods
in
the
regulations
as
options
to
Method
25D.
We
are
not
revising
that
intent;
we
are
only
revising
how
it
is
expressed
in
the
regulations.
This
was
the
original
intent
of
the
language
added
to
§
265.1084
in
response
to
public
comments.
As
an
owner
or
operator
subject
to
these
regulations,
you
will
have
the
flexibility
to
use
one
or
more
different
methods,
provided
that
the
methods
are
appropriate
for
the
determination.
The
target
analyte
lists
of
Methods
8260
and
8270
might
not
cover
all
organic
compounds
with
a
Henry's
Law
constant
equal
to
or
greater
than
0.1
Y/
X
(which
can
also
be
expressed
as
1.8
×
10
–6
atmospheres/
gram­
mole/
m
3
at
25
degrees
Celsius)
of
concern
in
a
given
hazardous
waste,
and
other
appropriate
methods
may
be
necessary
to
complete
the
analysis.
On
the
other
hand,
you
may
know
that
your
waste
contains
only
a
few
analytes
of
concern
and
a
method
with
a
smaller
analyte
list
is
more
appropriate.
In
addition
to
the
above,
we
propose
to
correct
language
in
other
paragraphs
of
§
265.1084.
First,
§
265.1084(
a)(
3)(
ii)(
C),
(b)(
3)(
ii)(
C),
and
(c)(
3)(
i)
currently
state
that
an
example
of
an
acceptable
sampling
plan
includes
a
plan
incorporating
the
sampling
requirements
specified
in
SW–
846.
We
propose
to
revise
these
sections
to
make
it
clear
that
the
sampling
procedures
found
in
SW–
846
are
not
requirements.
We
intend
that
information
in
SW–
846
regarding
sampling
be
only
used
as
guidance.
We
are
not
removing
the
requirements
to
prepare
and
maintain
an
acceptable
sampling
plan
and
one
which
includes
the
requirements
contained
in
Method
25D.
Second,
we
propose
to
remove
the
incorporation
by
reference
for
SW–
846
in
§
265.1084(
a)(
3)(
ii)(
C),
(a)(
3)(
iii),
(b)(
3)(
ii)(
C),
(b)(
3)(
iii),
and
(c)(
3)(
i)
since
only
required
methods
for
the
analysis
of
method­
defined
parameters
will
be
retained
in
§
260.11
should
this
proposal
be
finalized,
and
SW–
846
sampling
procedures
will
not
be
required
for
compliance
with
any
regulation
under
RCRA.

F.
Removal
of
Requirements
To
Use
Only
SW–
846
in
§§
266.100(
d)(
1)(
ii)
and
(g)(
2),
and
266.102(
b)(
1)
Part
266,
subpart
H,
addresses
the
standards
for
the
management
of
hazardous
wastes
burned
in
boilers
and
industrial
furnaces
(BIFs).
Sections
266.100(
d)(
1)(
ii)
and
(g)(
2)
currently
require
the
use
of
SW–
846
methods
``
or
alternative
methods
that
meet
or
exceed
the
SW–
846
method
performance,
''
when
sampling
and
analyzing
feedstocks
for
a
conditional
exemption
for
smelting,
melting,
and
refining
furnaces
that
burn
hazardous
waste
solely
for
legitimate
recovery.
Section
266.102(
b)(
1)
contains
the
same
language
regarding
waste
analysis
in
support
of
permits.
When
we
finalized
this
regulation,
we
added
the
use
of
``
alternative
methods''
in
response
to
concerns
that
SW–
846
method
detection
limits
cannot
be
achieved
when
analyzing
certain
feedstream
matrices
(see
56
FR
42504,
August
27,
1991).
The
subject
rule
noted
that
we
could
reject
the
use
of
an
alternative
method
because
it
may
not
meet
or
exceed
the
performance
capabilities
of
the
SW–
846
methods
or
the
recommended
methods.
In
this
instance,
the
SW–
846
methods
are
not
being
used
for
method­
defined
parameters.
Therefore,
we
propose
to
remove
from
§§
266.100(
d)(
1)(
ii)
and
(g)(
2)
and
266.102(
b)(
1)
the
phrase
regarding
alternative
methods
and
add
language
allowing
the
use
of
``
appropriate''
procedures
from
other
reliable
sources.
This
change
will
explicitly
allow
the
use
of
other
appropriate
methods
and
maintain
consistency
in
our
language
throughout
the
RCRA
regulations
regarding
the
use
of
other
methods.
The
broad,
conforming
changes
that
we
are
proposing
to
make
throughout
the
regulations
are
essentially
similar
to
what
is
included
here.
While
we
are
changing
specific
language
here,
we
are
not
changing
the
original
intent
of
the
regulation.
In
fact,
we
are
proposing
to
use
the
original
intent
of
this
regulation
throughout
the
other
RCRA
regulations,
when
applicable.

G.
Removal
of
Requirement
To
Use
Only
SW–
846
in
§
266.106(
a)
Section
266.106
provides
the
standards
to
control
emissions
of
metals
at
BIFs.
Paragraph
(a)
of
this
section
states
that
the
owner/
operators
must
comply
with
the
standards
for
any
listed
metal
of
concern
that
is
present
at
detectable
levels
using
SW–
846
methods.
The
listed
metals
of
concern
include
antimony,
arsenic,
barium,
beryllium,
cadmium,
chromium,
lead,
mercury,
thallium,
and
silver.
In
this
instance,
the
SW–
846
methods
are
not
being
used
for
the
analysis
of
methoddefined
parameters
and
their
required
use
is
not
necessary.
Therefore,
we
propose
to
revise
this
section
by
removing
the
requirement
to
use
only
SW–
846
methods,
deleting
the
reference
to
§
260.11,
and
explicitly
allowing
the
use
of
other
appropriate
methods.

H.
Removal
of
Requirements
To
Use
Only
SW–
846
in
§
266.112(
b)(
1)
and
(b)(
2)(
i)
Section
266.112
of
the
BIF
regulations
addresses
the
regulation
of
residues
resulting
from
the
burning
or
processing
of
hazardous
wastes
in
BIFs.
Paragraph
(b)(
1)
provides
testing
requirements
for
the
exclusion
of
such
residues
based
on
comparison
of
appendix
VIII,
part
261,
constituents
in
a
waste­
derived
residue
to
those
in
a
normal
residue.
It
states
that
sampling
and
analysis
must
be
in
conformance
with
the
procedures
of
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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
SW–
846.
The
section
does
not
specify
the
use
of
any
SW–
846
methods
for
method­
defined
parameters.
In
addition,
the
preamble
to
the
Hazardous
Waste
Combustion
Maximum
Achievable
Control
Technologies
(MACT)
rulemaking
of
September
30,
1999
(64
FR
52828)
stated
that
EPA
does
not
require
the
use
of
SW–
846
methods
for
the
analysis
of
feedstreams
in
order
to
be
consistent
with
a
move
toward
PBMS.
Therefore,
we
propose
to
remove
the
requirement
to
use
only
SW–
846
procedures
during
the
BIF
residue
exclusion
demonstration,
to
delete
the
reference
to
§
260.11,
and
to
explicitly
allow
the
use
of
other
appropriate
methods.
If
you
are
an
owner/
operator
subject
to
this
regulation,
and
you
select
this
option,
you
will
still
be
required
to
determine
if
the
residue
contains
appendix
VIII
constituents.
However,
you
will
have
more
flexibility
in
the
selection
of
a
method
for
the
determination.
In
addition,
§
266.112(
b)(
2)(
i)
requires
the
use
of
only
SW–
846
procedures
during
a
residue
exclusion
demonstration
based
on
a
comparison
of
non­
metal
constituent
concentrations
in
the
waste­
derived
residue
with
healthbased
limits
provided
in
appendix
VII
to
part
266.
Under
this
section,
the
testing
of
the
residue
does
not
involve
a
method­
defined
parameter
and
the
required
use
of
only
SW–
846
methods
is
not
necessary.
We
propose
to
revise
this
section
by
removing
the
required
use
of
only
SW–
846
procedures
and
explicitly
allowing
the
use
of
other
appropriate
methods.
If
you
are
an
owner/
operator
subject
to
this
regulation,
and
you
select
this
option,
you
will
still
be
required
to
compare
levels
of
non­
metal
constituents
with
the
health­
based
limits
of
appendix
VII.
However,
you
will
have
more
flexibility
in
the
selection
of
a
method
for
the
determination.
We
are
not
revising
§
266.112(
b)(
2)(
ii),
which
will
continue
to
require
the
use
of
the
TCLP
for
the
leaching
of
metal
constituents
during
the
residue
exclusion
demonstration
under
§
266.112(
b)(
2).

I.
Removal
of
Requirements
To
Use
Only
SW–
846
in
Sections
1.0,
3.0,
10.3,
and
10.6
of
Appendix
IX
to
Part
266
Appendix
IX
to
part
266
contains
the
methods
manual
for
compliance
with
the
BIF
regulations.
The
last
paragraph
of
section
1.0,
``
Introduction,
''
currently
identifies
all
SW–
846
methods
to
the
BIF
manual
as
required
procedures
for
determining
compliance
with
the
BIF
regulations.
The
section
text
does
not
specifically
reference
the
method
numbers;
instead
it
only
refers
to
the
methods
of
SW–
846
in
general.
However,
not
all
of
the
SW–
846
methods
for
BIF­
related
analysis
are
used
for
method­
defined
parameters.
Therefore,
we
propose
to
revise
the
last
paragraph
of
section
1.0
to
explicitly
list
those
SW–
846
methods
used
for
method­
defined
parameters
in
BIFrelated
analyses
(i.
e.,
air
sampling)
and
which
cannot
be
substituted
with
other
methods.
Those
methods
will
remain
required
for
BIF­
related
analyses,
if
this
proposal
is
finalized.
These
methods
include
air
sampling
Methods
0011
(``
Sampling
for
Selected
Aldehyde
and
Ketone
Emissions
from
Stationary
Sources''),
0023
(``
Sampling
Method
for
Polychlorinated
Dibenzo­
p­
Dioxins
and
Polychlorinated
Dibenzofuran
Emissions
from
Stationary
Sources''),
0050
(``
Isokinetic
HCl/
Cl2
Emission
Sampling
Train''),
0051
(``
Midget
Impinger
HCl/
Cl2
Emission
Sampling
Train''),
0060
(``
Determination
of
Metals
in
Stack
Emissions''),
and
0061
(``
Determination
of
Hexavalent
Chromium
Emissions
from
Stationary
Sources'').
The
following
two
methods
are
those
BIF
methods
which
do
not
involve
method­
defined
parameters
and
which
can
be
substituted
with
other
appropriate
methods
for
BIF­
related
analyses:
SW–
846
Method
9057,
``
Determination
of
Chloride
from
HCl/
Cl2
Emission
Sampling
Train
(Methods
0050
and
0051)
by
Anion
Chromatography,
''
and
Method
8315,
``
Determination
of
Carbonyl
Compounds
by
High
Performance
Liquid
Chromatography
(HPLC).
''
We
propose
to
add
sentences
to
the
last
paragraph
of
section
1.0
of
appendix
IX
to
part
266
that
allows
the
use
of
appropriate
methods
from
other
reliable
sources
for
these
determinations.
[Note:
Methods
0050
and
0051,
referenced
in
the
title
of
Method
9057,
describe
the
collection
of
stack
gas
emission
samples
for
subsequent
determinative
analysis
of
hydrogen
chloride
and
chlorine.
Method
9057,
an
ion
chromatography
method,
is
typically
used
in
the
determinative
analysis
of
chloride
from
the
samples
generated
by
those
methods.
During
use
of
Methods
0050
and
0051,
Cl­
ions
are
collected
in
separate
solutions
for
subsequent
determinative
analysis
(e.
g.,
using
Method
9057).
Methods
0050
and
0051
remain
required
methods
for
a
method­
defined
parameter
because
a
change
in
their
sampling
procedures
(e.
g.,
a
change
in
the
nature
of
the
solutions
submitted
for
determinative
analysis)
could
result
in
different
results
by
the
determinative
method.
However,
it
is
not
necessary
to
exclusively
require
Method
9057
for
the
chloride
determination
because,
when
appropriate,
other
determinative
methods
besides
Method
9057
may
be
used
for
that
determination.]
Given
the
above,
we
also
propose
to
revise
the
``
Note''
of
section
3.0,
``
Sampling
and
Analytical
Methods,
''
to
reflect
that
the
complete
SW–
846
manual
will
no
longer
be
incorporated
by
reference
as
a
source
of
required
methods
for
BIF­
related
analyses.
Section
10.3,
``
Basis,
''
addresses
the
determination
of
metal
concentrations
during
BIF­
related
analyses.
Paragraph
(2)
of
this
section
references
SW–
846,
as
incorporated
by
reference,
as
the
source
for
methods
for
the
determinations.
Methods
for
such
determinations
are
not
used
for
method­
defined
parameters.
Therefore,
we
propose
to
revise
the
section
so
that
other
appropriate
methods
can
be
used,
and
remove
the
indication
that
these
SW–
846
methods
are
incorporated
by
reference.
Finally,
the
fourth
bullet
of
paragraph
(5)
of
section
10.6,
``
Precompliance
Procedures,
''
indicates
that
daily
sample
composites
must
be
prepared
according
to
SW–
846
procedures.
We
propose
to
revise
this
bullet
to
allow
other
appropriate
procedures
and
reflect
the
intent
that
SW–
846
sampling
procedures
only
be
used
as
guidance.

J.
Removal
of
Requirements
To
Use
Only
SW–
846
Methods
in
§§
270.19(
c)(
1)(
iii)
and
(iv);
270.22(
a)(
2)(
ii)(
B);
270.62(
b)(
2)(
i)(
C)
and
(D);
and
270.66(
c)(
2)(
i)
and
(ii)
Section
270.19
describes
the
part
B
information
requirements
for
incinerators.
Paragraph
(c)(
1)(
iii)
of
that
section
states
that,
when
submitting
information
in
lieu
of
a
trial
burn,
the
applicant
must
identify
any
hazardous
constituents
listed
in
appendix
VIII
of
part
261
that
are
present
in
the
waste
by
using
SW–
846.
Sections
270.62(
b)(
2)(
i)(
C)
and
(D)
and
270.66(
c)(
2)(
i)
and
(ii)
provide
the
same
requirements
for
the
trial
burn
plans
submitted
by
hazardous
waste
incinerator
and
BIF
permit
applicants.
In
addition,
§
270.22
provides
specific
part
B
information
requirements
for
BIFs.
Paragraph
(a)(
2)(
ii)(
B)
of
that
section
states
that,
when
seeking
to
permit
BIFs
that
burn
low
risk
wastes
to
waive
the
DRE
trial
burn,
owner/
operators
must
submit
results
using
SW–
846
analytical
techniques
documenting
the
concentrations
of
the
nonmetal
compounds
of
appendix
VIII
of
part
261.
Each
of
the
above
sections
include
requirements
to
use
only
SW–
846
methods
during
the
analyses
of
appendix
VIII,
part
261,
constituents.
These
analyses
do
not
involve
the
use
of
SW–
846
methods
for
method­
defined
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/
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30,
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/
Proposed
Rules
parameters.
We
propose
to
remove
these
requirements,
to
delete
the
references
to
§
260.11,
and
to
explicitly
allow
the
use
of
appropriate
methods
from
other
reliable
sources.
If
you
are
an
applicant,
you
will
still
be
required
to
conduct
analyses
for
the
appendix
VIII
constituents
of
concern.
However,
you
will
have
flexibility
in
the
selection
of
an
appropriate
method.

K.
Removal
of
SW–
846
Methods
From
Incorporation
by
Reference
in
§
260.11(
a)(
11)

Currently,
all
methods
of
SW–
846
are
incorporated
by
reference
at
§
260.11(
a)(
11)
``
when
used''
within
the
RCRA
regulations.
All
of
SW–
846
had
to
be
incorporated
by
reference
because
some
RCRA
regulations
require
in
general
any
SW–
846
method
(e.
g.,
the
delisting
regulations).
The
required
methods
had
to
be
incorporated
by
reference
because
they
are
too
lengthy
for
publishing
directly
in
the
regulations
and
they
are
readily
available
to
the
public
in
the
SW–
846
manual.
In
this
rule,
we
propose
to
restrict
required
uses
of
SW–
846
methods
for
the
analysis
of
method­
defined
parameters.
Therefore,
we
propose
to
revise
§
260.11(
a)(
11)
to
remove
the
incorporation
by
reference
of
all
SW–
846
methods
except
those
SW–
846
methods
that
may
be
required
for
the
analyses
of
method­
defined
parameters.
Those
methods
will
remain
incorporated
by
reference
when
used
for
method­
defined
parameters
and
required
by
the
RCRA
regulations
(a
few
are
not
explicitly
required
by
the
RCRA
regulations
at
this
time).
It
is
important
to
note
that
a
method
listed
in
§
260.11(
a)(
11)
because
it
is
used
for
analysis
of
a
method­
defined
parameter
is
sometimes
used
for
nonmandatory
purposes.
For
example,
Methods
9010,
``
Total
and
Amenable
Cyanide:
Distillation,
''
and
9012,
``
Total
and
Amenable
Cyanide
(Automated
Colorimetric,
with
Off­
line
Distillation)
''
are
listed
in
some
conditional
delistings
and
are
not
being
used
for
a
methoddefined
parameter.
Therefore,
the
facilities
can
use
another
appropriate
method
for
those
analyses.
However,
these
same
methods
are
used
as
methoddefined
parameters
under
§
268.44,
the
universal
treatment
standards
under
the
land
disposal
restrictions
regulations.
In
that
case,
the
methods
cannot
be
substituted.
Therefore,
due
to
the
latter
scenario,
those
two
methods
are
incorporated
by
reference
in
the
regulations
at
§
260.11(
a)(
11).
It
is
the
application
of
a
method
in
a
regulation
that
determines
whether
a
method
is
being
used
to
analyze
a
required
method­
defined
parameter—
not
simply
whether
the
method
is
listed
in
§
260.11(
a)(
11).
Given
this
proposal,
the
SW–
846
methods
to
remain
as
incorporated
by
reference
in
§
260.11(
a)(
11)
are
listed
in
Table
3.

TABLE
3.—
SW–
846
METHODS
TO
REMAIN
IN
§
260.11(
A)(
11)

SW–
846
method
Method
title
0010
........................................................
Modified
Method
5
Sampling
Train.
0011
........................................................
Sampling
for
Selected
Aldehyde
and
Ketone
Emissions
from
Stationary
Sources.
0020
........................................................
Source
Assessment
Sampling
System
(SASS).
0023
........................................................
Sampling
Method
for
Polychlorinated
Dibenzo­
p­
Dioxins
and
Polychlorinated
Dibenzofuran
Emissions
from
Stationary
Sources.
0030
........................................................
Volatile
Organic
Sampling
Train.
0031
........................................................
Sampling
Method
for
Volatile
Organic
Compounds
(SMVOC).
0040
........................................................
Sampling
of
Principal
Organic
Hazardous
Constituents
from
Combustion
Sources
Using
Tedlar
Bags.
0050
........................................................
Isokinetic
HCl/
Cl2
Emission
Sampling
Train.
0051
........................................................
Midget
Impinger
HCl/
Cl2
Emission
Sampling
Train.
0060
........................................................
Determination
of
Metals
in
Stack
Emissions.
0061
........................................................
Determination
of
Hexavalent
Chromium
Emissions
from
Stationary
Sources.
1010
........................................................
Pensky­
Martens
Closed­
Cup
Method
for
Determining
Ignitability.
1020
........................................................
Small
Scale
Closed­
Cup
Method
for
Determining
Ignitability.
1110
........................................................
Corrosivity
Toward
Steel.
1310
........................................................
Extraction
Procedure
(EP)
and
Structural
Integrity
Test.
1311
........................................................
Toxicity
Characteristic
Leaching
Procedure.
1312
........................................................
Synthetic
Precipitation
Leaching
Procedure.
1320
........................................................
Multiple
Extraction
Procedure.
1330
........................................................
Extraction
Procedure
for
Oily
Wastes.
3542
........................................................
Extraction
of
Semivolatile
Analytes
Collected
Using
Method
0010
(Modified
Method
5
Sampling
Train).
5041
........................................................
Analysis
for
Desorption
of
Sorbent
Cartridges
from
Volatile
Organic
Sampling
Train
(VOST).
9010
........................................................
Total
and
Amenable
Cyanide:
Distillation.
9012
........................................................
Total
and
Amenable
Cyanide
(Automated
Colorimetric,
with
Off­
line
Distillation).
9040
........................................................
pH
Electrometric
Measurement.
9045
........................................................
Soil
and
Waste
pH.
9060
........................................................
Total
Organic
Carbon
(TOC).
9070
........................................................
n­
Hexane
Extractable
Material
(HEM)
for
Aqueous
Samples.
9071
........................................................
n­
Hexane
Extractable
Material
(HEM)
for
Sludge,
Sediment,
and
Solid
Samples.
9095
........................................................
Paint
Filter
Liquids
Test.

Please
note
that
we
are
not
adding
any
new
methods
to
§
260.11(
a)(
11)—
each
method
listed
above
is
already
a
part
of
SW–
846
and
was
incorporated
by
reference
during
previous
rulemakings.
We
are
only
removing
from
incorporation
by
reference
those
methods
that
will
no
longer
be
required
should
this
proposal
be
finalized.
For
each
method
retained
as
incorporated
by
reference,
we
are
indicating
in
§
260.11(
a)(
11)
the
promulgated
version
of
the
method
which
was
last
incorporated
by
reference
and
thus
which
must
be
used
during
regulatory
compliance.

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Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
V.
Proposed
Editorial
Corrections
to
SW–
846
References
in
the
RCRA
Testing
and
Monitoring
Regulations
We
also
propose
to
correct
inaccurate
references
to
SW–
846
(some
of
which
are
logical
outgrowths
to
the
proposed
revision
to
§
260.11),
and
clarify
method
selection
flexibility
in
the
RCRA
regulations.
Table
4
lists
and
summarizes
these
proposed
changes
to
the
RCRA
regulations.

TABLE
4.—
PROPOSED
CORRECTIONS
AND
CLARIFICATIONS
Regulation
Correction
or
clarification
§
258.28(
c)(
1)—
Liquids
restrictions
....................
Correction
to
add
``
incorporated
by
reference
in
§
260.11''
after
mention
of
SW–
846
Method
9095,
``
Paint
Filter
Liquids
Test''
Appendix
I
to
part
258—
Constituents
for
detection
monitoring.
Correction
to
include
SW–
846
Method
6020
as
an
example
of
an
appropriate
method
for
detection
monitoring.
Appendix
II
to
part
258—
List
of
inorganic
and
organic
hazardous
constituents.
Clarification
regarding
the
use
of
other
appropriate
methods
by
removing
the
``
Suggested
Methods''
and
``
PQLs
(
g/
L)
''
columns,
removing
footnotes
1,
5
and
6
and
revising
and
renumbering
the
remaining
footnotes,
as
appropriate.
(As
noted
in
footnote
1,
the
methods
and
PQLs
were
given
for
informational
purposes
only;
and,
as
noted
in
footnote
6,
the
PQLs
were
directly
related
to
the
indicated
methods
and
not
part
of
a
regulation.).
§
260.21(
d)—
Petitions
for
equivalent
methods
...
Clarification
that
equivalent
methods
will
be
added
to
§
260.11,
instead
of
just
added
to
SW–
846.
§§
261.3(
a)(
2)(
v),
279.10(
b)(
1)(
ii),
279.44(
c),
279.53(
c),
and
279.63(
c)—
Rebuttable
presumption
for
used
oil.
Clarification
that
other
appropriate
methods
beside
the
example
SW–
846
methods
can
be
used
in
analyses
to
show
that
a
used
oil
does
not
contain
hazardous
waste.

Appendix
III
to
part
261—
Chemical
analysis
test
methods.
Clarification
regarding
the
use
of
other
appropriate
methods.

§§
264.1034(
f)
and
265.1034(
f)—
Test
methods
and
procedures.
Clarification
that
appropriate
methods
other
than
SW–
846
Method
8260
are
allowed
to
resolve
disagreements
regarding
concentration
estimates.
Appendix
IX
to
part
264—
Ground­
water
monitoring
list.
Clarification
regarding
the
use
of
other
appropriate
methods
by
removing
the
``
Suggested
Methods''
and
``
PQLs
(
g/
L)
''
columns
and
removing
footnotes
1,
5
and
6
and
revising
and
renumbering
the
subsequent
footnotes,
as
appropriate.
(As
noted
in
footnote
1,
the
methods
and
PQLs
were
given
for
informational
purposes
only;
and,
as
noted
in
footnote
6,
the
PQLs
were
directly
related
to
the
indicated
methods
and
not
part
of
a
regulation.).
§
265.1081—
Definitions
......................................
Correction
to
SW–
846
reference
in
definition
of
``
waste
stabilization
process''.
Appendix
IX
to
part
266—
Methods
manual
for
compliance
with
BIF
regulations.
Corrections
to
reflect
removal
of
SW–
846
methods
from
the
manual
on
June
13,
1997
and
clarification
in
existing
guidance
regarding
use
of
other
appropriate
methods
and
SW–
846.

VI.
Proposed
Action
To
Withdraw
Reactivity
Interim
Guidance
From
SW–
846
Chapter
Seven
and
Remove
Required
SW–
846
Reactivity
Analyses
and
Threshold
Levels
From
Conditional
Delistings
We
are
also
proposing
to
withdraw
the
reactivity
interim
threshold
levels
and
reactive
cyanide
and
sulfide
methods
from
Chapter
Seven
of
SW–
846
and
from
certain
conditional
delistings
found
in
appendix
IX
to
40
CFR
part
261.
In
particular,
July
1985,
EPA's
Office
of
Solid
Waste
(OSW)
issued
a
memorandum
entitled
``
Interim
Thresholds
for
Toxic
Gas
Generation.
''
This
1985
memorandum
contained
interim
threshold
levels
for
toxic
cyanide
and
sulfide
gas
generation
and
draft
analytical
methods
for
testing
wastes
for
those
levels.
This
reactive
cyanide
and
reactive
sulfide
guidance
was
developed
in
response
to
public
inquiries
about
how
to
evaluate
wastes
for
the
characteristic
of
reactivity
under
§
261.21(
a)(
5).
In
response
to
subsequent
concerns
about
the
effectiveness
of
the
guidance
(as
explained
further
below),
EPA's
OSW
reexamined
the
guidance,
and
on
April
21,
1998,
issued
a
memorandum
entitled
``
Withdrawal
of
Cyanide
and
Sulfide
Reactivity
Guidance''
which
withdrew
the
July
1985
guidance.
At
this
time,
given
the
1998
withdrawal
of
the
reactive
cyanide
and
sulfide
interim
threshold
levels
and
draft
method
guidance,
EPA
proposes
to
withdraw
the
same
guidance
from
Chapter
Seven,
``
Characteristics
Introduction
and
Regulatory
Definitions,
''
of
SW–
846
and
to
withdraw
required
uses
of
the
interim
threshold
levels
and
methods
found
in
certain
conditional
exclusions
(also
called
delistings)
at
40
CFR
part
261,
appendix
IX.
The
following
paragraphs
provide
background
information
regarding
the
1985
guidance
and
its
withdrawal
in
1998,
and
provide
the
basis
for
this
proposal.
See
the
docket,
number
RCRA–
2002–
0025,
of
this
rulemaking
for
a
copy
of
the
1985
and
1998
memorandums.
40
CFR
261.23
contains
eight
narrative
descriptions
of
properties
used
to
identify
solid
wastes
exhibiting
the
hazardous
waste
characteristic
of
reactivity
(EPA
Hazardous
Waste
Number
D003).
The
fifth
of
those
properties
at
§
261.23(
a)(
5)
addresses
cyanide­
and
sulfide­
bearing
solid
wastes.
The
regulation
states
that
one
way
a
solid
waste
can
be
reactive
is
if
``
it
is
a
cyanide­
or
sulfide­
bearing
waste
which,
when
exposed
to
pH
conditions
between
2
and
12.5,
can
generate
toxic
gases,
vapors
or
fumes
in
a
quantity
sufficient
to
present
a
danger
to
human
health
or
the
environment.
''
The
regulation
does
not
require
that
a
particular
test
method
be
used
for
determination
of
this
reactive
property.
Instead,
as
with
each
of
the
reactivity
characteristic
properties,
the
regulated
public
must
base
their
determination
on
the
narrative
standard
and
knowledge
of
their
waste.
Some
of
the
hazardous
waste
characteristics
are
defined
in
terms
of
properties
measurable
by
standardized
testing
protocols.
However,
regarding
the
reactivity
characteristic,
EPA
noted
that
available
test
methods
suffered
from
a
number
of
shortcomings
which
made
it
inappropriate
to
specify
a
numerically
quantified
definition
with
accompanying
test
protocols
(see
45
FR
33110,
May
19,
1980).
In
addition,
reactive
wastes
may
exist
and
pose
a
hazard
under
a
variety
of
situations
and
circumstances,
and
it
would
be
difficult
to
adequately
quantify
and
test
for
all
of
those
situations.
The
Agency
noted
that
a
lack
of
a
quantified
definition
and
accompanying
test
methods
would
not
cause
problems
because
most
generators
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Proposed
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of
reactive
wastes
are
aware
that
their
wastes
possess
the
property
and
require
special
handling.
Consequently,
the
Agency
developed
the
narrative
definitions
found
at
§
261.23
as
sufficient
information
to
determine
whether
a
waste
is
hazardous
based
on
reactivity.
However,
the
Agency
received
many
public
inquires
regarding
how
to
evaluate
wastes
for
the
reactivity
characteristic
property
at
§
261.23(
a)(
5).
The
Agency
therefore
initiated
studies
on
the
possible
development
of
numerical
limits
and
test
methods
for
the
property.
On
an
interim
basis,
the
Agency
issued
the
memorandum
in
July
1985
which
provided
interim
threshold
levels
for
``
toxic
gas
generation
reactivity.
''
These
limits
were
250
mg
of
HCN/
kg
of
waste
for
total
available
cyanide
and
500
mg
of
H2S/
kg
of
waste
for
total
available
sulfide.
The
memorandum
provided
draft
testing
methods
for
measuring
the
available
cyanide
and
sulfide
and
noted
that
ongoing
studies
may
result
in
changes
to
the
methods.
The
memorandum
also
provided
a
description
of
the
mismanagement
scenario
used
to
derive
the
interim
threshold
levels.
This
scenario
assumed
disposal
of
cyanide­
and
sulfide­
bearing
wastes
into
an
open
pit
containing
acidic
wastes,
resulting
in
a
rapid
and
high
level
release
of
toxic
gas.
After
issuance
of
the
1985
memorandum,
the
guidance
threshold
levels
and
draft
test
methods
were
included
in
sections
7.3.3
(``
Interim
Guidance
for
Reactive
Cyanide'')
and
7.3.4
(``
Interim
Guidance
for
Reactive
Sulfide'')
of
Chapter
Seven
of
EPA
Publication
SW–
846,
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods.
''
The
1985
memorandum
contained
non­
binding
interim
guidance
and
was
not
a
regulation.
The
EPA
reactivity
threshold
limit
and
method
studies
mentioned
by
the
document
were
not
successfully
completed.
No
threshold
levels
or
test
methods
were
ever
proposed
or
promulgated
and
included
in
§
261.23(
a)(
5)
as
numerically
quantified
definitions
of
a
reactive
hazardous
waste.
The
addition
of
the
1985
interim
limits
and
draft
methods
to
Chapter
Seven
of
SW–
846
did
not
change
the
guidance
status
of
the
levels
and
methods
for
purposes
of
judging
if
a
waste
exhibits
the
characteristic
of
reactivity
because
the
reactivity
characteristic
at
§
261.23
does
not
specify
the
limits
or
use
of
the
SW–
846
methods.
EPA
intended
that
the
1985
and
Chapter
Seven
information
only
be
used
as
guidance
of
what
might
be
hazardous.
Since
cyanide
and
sulfide
reactivity
under
§
261.23(
a)(
5)
does
not
specify
the
use
of
a
SW–
846
method
and
instead
relies
on
a
narrative
standard,
the
SW–
846
methods
are
not
incorporated
by
reference
at
§
260.11
for
the
purpose
of
determining
whether
a
waste
is
hazardous
based
on
that
property
of
the
reactivity
characteristic.
However,
as
noted
above
in
section
III.
A
(``
Removal
Of
Requirements
to
Use
only
SW–
846
in
§§
260.22(
d)(
1)(
i)
and
Appendix
IX
to
Part
261'')
of
this
proposal,
some
conditional
delistings
were
promulgated
after
1985
that
require
the
use
of
SW–
846
methods,
including
use
of
the
reactive
cyanide
and
reactive
sulfide
test
methods
found
in
SW–
846
Chapter
Seven.
Some
of
these
conditional
delistings
also
specify
the
reactive
cyanide
and
sulfide
limits
of
250
mg/
kg
and
500
mg/
kg,
respectively,
as
delisting
action
levels.
In
early
1998,
the
National
Enforcement
Investigations
Center
(NEIC)
of
EPA
expressed
concerns
regarding
the
effectiveness
of
the
reactivity
guidance
contained
in
the
1985
memorandum
and
Chapter
Seven
of
SW–
846,
and
urged
that
EPA
withdraw
the
guidance.
Consequently,
EPA's
OSW
conducted
a
review
of
the
1985
guidance
mismanagement
scenario,
the
derivation
of
the
guidance
threshold
levels,
and
the
relationship
of
the
scenario
and
thresholds
to
the
test
method
results.
After
this
careful
review,
EPA
concluded
that
NEIC's
concerns
regarding
effectiveness
of
the
guidance
were
well
founded.
To
summarize,
EPA
concluded
that
the
guidance
had
the
following
significant
flaws:
(1)
The
test
conditions
evaluate
a
single
pH
condition
and
not
the
range
of
pH
conditions
(2
to
12.5)
specified
in
the
regulation;
(2)
the
test
conditions
do
not
adequately
recover
the
analyte
and
thus
the
tests
predict
low
percentages
of
analyte
releases
in
the
waste,
(3)
the
mismanagement
scenario
and
test
conditions
are
not
correctly
scaled
between
each
other,
and
(4)
the
mismanagement
scenario
of
an
open
pit
is
not
the
only
exposure
of
concern
and
may
not
represent
a
plausible
worst
case
scenario.
(See
the
April
21,
1998
memorandum
at
http://
www.
epa.
gov/
SW–
846/
for
detailed
information
regarding
NEIC's
concerns
and
EPA's
conclusions.)
EPA
consequently
withdrew
the
July
1985
guidance
through
the
aforementioned
April
21,
1998
memorandum.
Therefore,
in
conjunction
with
the
1998
withdrawal
of
the
1985
cyanide
and
sulfide
reactivity
guidance,
we
propose
to
remove
sections
7.3.3
and
7.3.4
from
Chapter
Seven
of
SW–
846.
We
will
include
the
revised
Chapter
Seven
in
Proposed
Update
IIIB
to
SW–
846.
It
is
necessary
to
use
a
rulemaking
to
remove
sections
7.3.3
and
7.3.4
from
Chapter
Seven,
even
though
the
sections
were
originally
added
only
as
guidance,
because
as
noted
above
certain
conditional
delistings
found
in
Tables
1
and
2
of
40
CFR
part
261,
appendix
IX,
do
require
use
of
the
methods
in
those
sections.
The
1998
withdrawal
of
the
1985
guidance
did
not
affect
those
requirements.
Since
the
delistings
require
the
use
of
SW–
846
methods,
the
reactive
cyanide
and
sulfide
methods
found
in
SW–
846
are
incorporated
by
reference
for
the
purpose
of
implementing
those
specific
delisting
provisions.
We
therefore,
propose
to
remove
required
uses
of
the
SW–
846
Chapter
Seven
methods
for
reactive
cyanide
and
sulfide
from
a
number
of
conditional
delistings.
In
addition,
some
of
the
conditional
waste
exclusions
list
the
reactive
cyanide
and
sulfide
interim
threshold
levels
found
in
the
1985
memorandum
and
in
Chapter
Seven
as
delisting
action
limits.
Therefore,
due
to
Agency
concerns
regarding
the
effectiveness
of
those
levels
for
determining
whether
a
waste
is
hazardous,
the
Agency
also
proposes
to
remove
those
levels
from
the
delistings.
The
Agency
notes
that
the
exclusions
in
40
CFR
part
261
appendix
IX
only
apply
to
listed
hazardous
wastes.
As
noted
by
§§
260.22(
c)(
2),
(d)(
4)
and
(e)(
4),
an
excluded
waste
may
still
be
a
hazardous
waste
by
operation
of
subpart
C
of
part
261,
which
contains
the
RCRA
regulations
addressing
characteristic
hazardous
wastes.
Therefore,
generators
of
excluded
wastes
are
still
required
to
continue
to
determine
whether
their
wastes
remain
non­
hazardous
based
on
the
four
hazardous
waste
characteristics,
including
the
characteristic
of
reactivity.
(EPA's
``
RCRA
Delisting
Program
Guidance
Manual
for
the
Petitioner,
''
March
23,
2000,
affirms
this
requirement
by
stating
that
generators
with
excluded
wastes
remain
obligated
to
determine
whether
their
waste
remains
non­
hazardous
based
on
the
hazardous
waste
characteristics.)
Therefore,
removal
of
required
testing
for
reactive
cyanide
and
sulfide
based
on
the
SW–
846
methods
and
threshold
levels
does
not
relieve
the
generators
of
delisted
wastes
from
a
reactivity
characteristic
determination.
Given
the
regulatory
requirement
in
§
260.22(
c)(
2),
(d)(
4)
and
(e)(
4)
it
also
is
not
necessary
to
replace
the
reactive
cyanide
and
sulfide
method
requirements
or
threshold
levels
in
those
delistings
with
language
requiring
a
determination
based
on
the
narrative
at
§
261.23(
a)(
5),

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30,
2002
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Proposed
Rules
or
on
any
other
property
under
the
reactivity
characteristic.
As
noted
by
the
1998
memorandum,
we
understand
that
withdrawal
of
the
reactivity
guidance
meant
that
waste
generators
who
relied
on
this
guidance
in
the
past
might
have
somewhat
greater
uncertainty
about
determining
the
regulatory
status
of
their
cyanide­
and
sulfide­
bearing
wastes.
However,
the
Agency
believes
that
generators
of
sulfide­
and
cyanide­
bearing
wastes
can
recognize
the
acute
toxicity
of
sulfides
and
cyanides
without
relying
on
the
guidance
test
methods
and
threshold
levels.
Where
wastes
with
high
concentrations
of
soluble
sulfides
and
cyanides
are
managed,
generators
have
relied
on
their
knowledge
of
the
waste
to
classify
them
as
D003.
Generators
should
continue
to
classify
their
high
concentration
sulfide­
and
cyanidebearing
wastes
as
hazardous
based
on
the
narrative
standard
of
261.23(
a)(
5),
as
they
always
have
been
required
to
do.
We
are
interested
in
public
comments
on
the
removal
of
the
reactivity
guidance
from
Chapter
Seven
and
on
the
removal
of
the
reactive
cyanide
and
sulfide
analytical
requirements
and
threshold
levels
from
the
conditional
delistings.

VII.
Proposed
Clarifications
to
Corrosivity
and
Ignitability
Hazardous
Waste
Characteristics
Sections
VII.
A
and
VII.
B
address
proposed
revisions
to
the
corrosivity
characteristic
and
the
ignitability
characteristic
testing
requirements.
The
revisions
include
changes
to
references
to
ASTM
standards
and
SW–
846
methods.
These
revisions
are
nonsubstantive
updates
of
the
methods
presently
used
in
the
regulations
and
will
not
affect
which
wastes
are
determined
to
be
hazardous
based
on
the
characteristics.
We
request
public
comment
on
each
of
the
proposed
revisions.

A.
Revision
to
§
261.22(
a)(
2)
To
Clarify
That
SW–
846
Method
1110
Is
the
SW–
846
Standardized
Version
of
the
NACE
Standard
Specified
for
Corrosivity
Characteristic
Testing
Section
261.22(
a)(
2)
defines
the
hazardous
waste
characteristic
of
corrosivity
for
a
liquid
which
corrodes
steel.
The
required
test
method
for
the
determination
is
identified
as
``
the
test
method
specified
in
NACE
*
*
*
Standard
TM–
01–
69
as
standardized
in
***
SW–
846
*
*
*''
As
explained
in
the
May
19,
1980
regulations
(see
45
FR
33084)
which
added
§
261.22
to
the
RCRA
regulations,
EPA
standardized
the
NACE
Standard
TM–
01–
69
in
SW–
846.
As
also
explained
in
the
background
document
to
the
corrosivity
characteristic,
NACE
Standard
TM–
01–
69
describes
a
simple
immersion
test
to
determine
the
rate
of
corrosion,
and
the
procedure
is
not
completely
standardized
because
it
was
designed
to
test
the
suitability
of
metals
for
a
variety
of
uses.
In
1980,
a
public
commenter
was
concerned
that
the
incomplete
standardization
of
the
NACE
Standard
permitted
undesired
variation
in
test
conditions.
EPA
agreed
and,
in
response
to
the
public
comment,
put
a
standardized
version
of
the
method
in
SW–
846
so
that
the
procedure
more
clearly
defined
the
appropriate
test
conditions.
At
the
time,
we
did
not
specify
which
test
method
of
SW–
846
included
the
standardized
version
of
the
NACE
method.
This
SW–
846
method
has
always
been
Method
1110,
``
Corrosivity
Toward
Steel.
''
Therefore,
we
propose
to
add
the
number
of
this
method
to
§
261.22(
a)(
2)
for
clarification
of
which
SW–
846
test
method
is
the
standardized
version
of
NACE.
This
revision
to
§
261.22(
a)(
2)
does
not
represent
a
change
to
the
characteristic.

B.
Revisions
to
§
261.21(
a)(
1)
To
Update
References
to
ASTM
Standards,
To
Clarify
That
SW–
846
Methods
1010
and
1020
Reference
and
Use
the
ASTM
Standards
Specified
for
Ignitability
Characteristic
Testing,
and
To
Remove
an
Unnecessary
Referral
to
Method
Equivalency
Petitions;
and
Revisions
to
§
260.11(
a)(
1)
and
(2)
To
Include
the
Updated
References
Section
261.21(
a)(
1)
defines
the
hazardous
waste
characteristic
of
ignitability
for
a
liquid
which
has
a
flash
point
less
than
60
°
C
(140
°
F).
For
the
determination,
the
section
requires
the
Pensky­
Martens
Closed
Cup
Tester
using
ASTM
Standard
D
93–
79
or
D
93–
80,
or
a
Setaflash
Closed
Cup
Tester
using
ASTM
Standard
D
3278–
78.
The
American
Society
for
Testing
and
Materials
(ASTM)
has
revised
these
standards.
We
compared
the
latest
versions
of
the
standards
with
the
ones
currently
referenced
by
§
261.21(
a)(
1).
We
found
that
the
differences
between
ASTM
Standard
D
3278–
78
and
the
new
version
D
3278–
96
were
not
substantive
and
will
not
affect
whether
a
waste
is
identified
as
hazardous
based
on
the
ignitability
characteristic.
We
also
compared
ASTM
Standard
D
93–
80
with
the
newer
versions
D
93–
99c
and
D
93–
00.
Again,
we
found
that
the
D
93–
99c
differences
were
not
substantial.
However,
we
found
that
the
D
93–
00
differences
may
be
substantial
because
that
version
specifies
different
sample
container
volumes
for
different
sample
types.
Specifically,
it
requires
that
all
matrices
except
residual
fuel
oil
be
collected
in
containers
not
more
than
85%
or
less
than
50%
full.
The
revision
may
significantly
affect
the
characteristic
results,
since
the
potential
to
lose
flammable
volatile
constituents
will
be
greater
from
sample
containers
that
may
now
have
as
much
as
50%
headspace.
We
are
interested
in
public
comment
on
this
evaluation
and
conclusion.
You
can
review
a
copy
of
our
ASTM
standard
comparisons
in
the
docket
(number
RCRA–
2002–
0025)
to
this
proposed
rule.
Given
the
above,
we
propose
to
revise
§
261.21(
a)(
1)
so
that
the
use
of
``
ASTM
Standard
D
93–
79
or
ASTM
Standard
D
93–
80''
is
replaced
by
the
use
of
``
ASTM
Standard
D
93–
99c''
for
an
ignitability
characteristic
determination
using
the
Pensky­
Martens
Closed
Cup
Tester.
We
also
request
comment
on
whether
we
should
instead
replace
the
older
standard
with
``
ASTM
Standard
D
93–
00.''
Please
give
detailed
reasons
for
your
position.
Likewise,
we
propose
to
revise
§
261.21(
a)(
1)
whereby
the
use
of
``
ASTM
Standard
D
3278–
78''
is
replaced
by
the
use
of
``
ASTM
Standard
D
3278–
96''
for
a
determination
using
the
Small
Scale
Closed
Cup
Apparatus
(formerly
called
the
Setaflash
Closed
Cup
Tester
in
ASTM
D
3278–
78).
We
also
propose
to
revise
the
incorporation
by
reference
citations
for
these
methods
at
§
260.11(
a)(
1)
and
(2)
to
reflect
the
updated
references
of
these
ASTM
methods.
In
addition,
the
most
current
versions
of
SW–
846
Method
1010,
``
PenskyMartens
Closed­
Cup
Method
for
Determining
Ignitability,
''
and
Method
1020,
``
Setaflash
Closed­
Cup
Method
for
Determining
Ignitability,
''
use
the
above
ASTM
standards
as
their
method
procedures.
A
brief
summary
of
the
ASTM
procedure
is
provided
by
each
method
and
the
reader
is
referred
to
the
appropriate
ASTM
standard
for
information
on
how
to
conduct
the
subject
test.
Therefore,
we
propose
to
also
revise
§
261.21(
a)(
1)
to
clarify
that
the
ASTM
standards
for
ignitability
characteristic
determinations
are
used
and
referenced
by
the
subject
SW–
846
methods.
Finally,
regarding
§
261.21(
a)(
1),
we
propose
to
remove
the
end
of
the
last
sentence
which
refers
to
the
equivalent
test
method
demonstration.
This
information
is
adequately
addressed
in
§§
260.20
and
260.21.
It
is
not
necessary
to
repeat
the
information
regarding
method
equivalency
petitions
in
each
section
of
a
RCRA
regulation
which
requires
use
of
a
test
method.
Also,
this
revision
is
consistent
with
similar
sections
on
testing
in
part
261
and
other
parts
of
the
RCRA
regulations.

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30,
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/
Proposed
Rules
None
of
the
above
proposed
revisions
represent
a
change
to
the
ignitability
characteristic.

VIII.
Availability
of
Proposed
Update
IIIB
and
Invitation
for
Public
Comment
on
the
Update
SW–
846
is
a
guidance
document
that
changes
over
time
as
new
information
and
data
are
developed.
Today,
we
propose
to
revise
several
methods
and
chapters
of
SW–
846
and
release
these
revisions
as
an
update
to
the
Third
Edition
of
SW–
846.
To
date,
EPA
has
finalized
Updates
I,
II,
IIA,
IIB,
III,
and
IIIA
to
the
Third
Edition
of
the
SW–
846
manual.
On
May
8,
1998
(see
63
FR
25430)
and
on
November
27,
2000
(see
65
FR
70678),
we
also
respectively
announced
the
availability
of
Draft
Update
IVA
and
Draft
Update
IVB
methods
and
chapters,
which
we
published
for
guidance
purposes
only.
The
revised
methods
of
today's
update
(Update
IIIB)
are
used
for
methoddefined
parameters
and
thus,
any
required
uses
of
those
methods
will
remain
in
the
RCRA
regulations
(a
few
of
the
methods
are
not
explicitly
required
in
the
current
RCRA
regulations).
Therefore,
we
are
formally
proposing
them
today
as
Update
IIIB
to
SW–
846.
Our
reasons
for
the
method
revisions
follow.
First,
as
noted
earlier,
ASTM
released
Standards
D
93–
99c,
``
Flash
Point
by
Pensky­
Martins
Closed
Cup
Tester,
''
to
replace
D
93–
80
(which
previously
replaced
D
93–
79)
and
D
3278–
96,
``
Flash
Point
of
Liquids
by
Small
Scale
Closed­
Cup
Apparatus,
''
to
replace
D
3278–
78.
The
current
versions
of
SW–
846
Methods
1010
and
1020
reference
the
older
versions
of
those
standards.
We
propose
to
replace
these
out­
of­
date
references
in
Methods
1010
and
1020
with
references
to
the
newer
versions
of
the
subject
ASTM
standards.
We
also
propose
to
revise
the
title
of
Method
1020
from
``
Setaflash
Closed­
Cup
Method
for
Determining
Ignitability''
to
``
Small
Scale
Closed
Cup
Method
for
Determining
Ignitability''
for
consistency
with
the
title
of
ASTM
Standard
D
3278–
96.
None
of
the
above
revisions
to
Methods
1010
and
1020
represent
a
change
to
the
ignitability
characteristic.
We
also
propose
to
clarify
the
surface
area
equation
found
in
Sec.
4.5
of
Method
1110,
``
Corrosivity
Toward
Steel.
''
We
have
received
questions
from
the
public
indicating
that
the
current
equation
is
not
sufficiently
clear
as
written,
due
to
the
equation
font
and
format.
We
wish
to
note
that
the
equation
shown
in
the
method
can
be
correctly
followed
if
one
uses
the
rules
for
mathematical
function
precedence
(addition,
subtraction,
multiplication,
and
then
division).
Nevertheless,
we
are
changing
Sec.
4.5
of
Method
1110
to
a
format
that
is
less
subject
to
misinterpretation.
This
does
not
represent
a
significant
change
to
that
method
or
the
characteristic
because
the
new
presentation
does
not
change
the
equation
or
calculation
result.
We
also
propose
to
include
in
Update
IIIB
seven
revised
methods
which
will
be
retained
at
§
260.11(
a)(
11)
because
they
might
be
required
for
RCRA­
related
method­
defined
parameters.
We
are
also
revising
the
text
in
section
6.0
of
most
of
these
methods
to
remove
required
uses
of
Chapter
Nine
during
the
required
uses
of
those
methods.
We
are
making
these
revisions
to
clarify
that
use
of
sampling
directions
found
in
Chapter
Nine
of
SW–
846
is
guidance
and
not
required
under
the
RCRA
Program.
These
revisions
do
not
modify
any
required
uses
of
the
methods
in
the
RCRA
regulations
or
the
results
from
using
the
methods.
Regarding
Method
9070A,
we
are
adding
the
suffix
``
A''
and
a
method
title,
which
were
inadvertently
left
out
during
its
last
promulgation
as
part
of
Update
IIIA.
To
address
editorial
revisions
due
to
the
revised
methods,
Update
IIIB
will
include
a
revised
Table
of
Contents
and
revised
Chapters
Five,
Six,
and
Eight.
Chapters
Five,
Six,
and
Eight
will
be
revised
to
include
the
new
method
numbers
for
the
revised
methods
of
Proposed
Update
IIIB.
Also,
Chapter
Seven
will
be
revised
to
reflect
the
withdrawal
of
the
reactive
cyanide
and
sulfide
guidance
in
sections
7.3.3
(``
Interim
Guidance
for
Reactive
Cyanide'')
and
7.3.4
(``
Interim
Guidance
for
Reactive
Sulfide''),
and
to
replace
certain
characteristic
explanatory
text
with
referrals
to
the
regulations
themselves.
In
conclusion,
we
propose
to
revise
§
260.11(
a)(
11)
to
include
the
eleven
Update
IIIB
revised
methods
described
above.
Table
5
provides
a
listing
of
the
Update
IIIB
eleven
revised
SW–
846
methods
and
four
revised
chapters
and
Table
of
Contents.
The
method
numbers
in
the
table
reflect
the
appropriate
method
revision
letter
suffix
(e.
g.,
A,
B,
C,
etc.).
These
suffixes
are
not
always
reflected
in
the
RCRA
regulations
themselves
(e.
g.,
the
regulations
typically
only
cite
the
method
number
without
a
suffix),
nor
are
they
reflected
at
§
260.11(
a)(
11).
However,
as
noted
earlier
in
this
proposal,
during
compliance
with
those
regulations,
the
regulated
community
must
only
use
the
latest
promulgated
revision
of
those
methods
as
indicated
in
§
260.11(
a)(
11).
Table
5
also
identifies
those
sections
or
parts
of
each
method
or
chapters
which
are
revised
and
are
open
for
public
comment.
We
will
not
consider
comments
on
the
other
sections
or
parts
of
the
methods
or
chapters
because
those
portions
are
not
changed
by
Proposed
Update
IIIB.

TABLE
5.—
REVISED
METHODS
AND
CHAPTERS
Method
No.
Method
or
chapter
title
Sections
or
parts
of
methods
or
chapters
open
for
comment
Table
of
Contents
............................................................
References
to
the
revised
methods.
Chapter
Five—
Miscellaneous
Test
.................................
References
to
the
revised
methods.
Chapter
Six—
Properties
.................................................
References
to
the
revised
methods.
Chapter
Seven—
Characteristics
Introduction
.................
Secs.
7.1.2,
7.2.2,
7.3.2,
and
removal
of
secs.
7.3.3
and
7.3.4.
Chapter
Eight—
Methods
for
Determining
Characteristics
References
to
the
revised
methods.

1010A
...................................
Pensky­
Martens
Closed­
Cup
Method
for
Determining
Ignitability.
Secs.
1.1,
1.2,
2.2,
and
3.1
and
ref.
4
of
sec.
4.0.

1020B
...................................
Small
Scale
Closed
Cup
Method
for
Determining
Ignitability
Title
and
secs.
1.1,
1.3,
2.1,
and
2.4
and
ref.
4
of
sec.
4.0.
1110A
...................................
Corrosivity
Toward
Steel
.................................................
Sec.
4.5.
1310B
...................................
Extraction
Procedure
(EP)
Toxicity
Test
Method
and
Structural
Integrity
Test.
Secs.
1.1
and
deleted
6.1
9010C
...................................
Total
and
Amenable
Cyanide:
Distillation
.......................
Secs.
1.1
and
deleted
6.1.

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Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
5.—
REVISED
METHODS
AND
CHAPTERS—
Continued
Method
No.
Method
or
chapter
title
Sections
or
parts
of
methods
or
chapters
open
for
comment
9012B
...................................
Total
and
Amenable
Cyanide
(Automated
Colorimetric,
with
Off­
line
Distillation).
Secs.
1.1
and
deleted
6.1.

9040C
...................................
pH
Electrometric
Measurement
......................................
Deleted
Sec.
6.1.
9045D
...................................
Soil
and
Waste
pH
..........................................................
Deleted
Sec.
6.1.
9060A
...................................
Total
Organic
Carbon
......................................................
Deleted
Sec.
6.1.
9070A
...................................
n­
Hexane
Extractable
Material
(HEM)
for
Aqueous
Samples.
Title.

9095B
...................................
Paint
Filter
Liquids
Test
..................................................
Deleted
Sec.
6.1.

Note:
A
suffix
of
``
A''
in
the
method
number
indicates
revision
one
(the
method
has
been
revised
once).
A
suffix
of
``
B''
in
the
method
number
indicates
revision
two
(the
method
has
been
revised
twice).
A
suffix
of
``
C''
in
the
method
number
indicates
revision
three
(the
method
has
been
revised
three
times).

IX.
Proposed
Addition
of
Method
25A
to
§§
264.1034(
c)(
1)(
ii)
and
(iv)
and
265.1034(
c)(
1)(
ii)
and
(iv)

We
propose
to
revise
§§
264.1034(
c)(
1)(
ii)
and
(iv)
and
265.1034(
c)(
1)(
ii)
and
(iv)
to
allow
use
of
Method
25A,
as
well
as
Method
18,
during
analyses
in
support
of
air
emission
standards
for
process
vents
and/
or
equipment
leaks
at
hazardous
waste
management
facilities.
We
added
the
flexibility
to
use
a
method
other
than
Method
18
as
a
result
of
feedback
from
the
regulated
public.
Method
18
is
a
technique
best
applied
when
the
test
matrix
is
known
and
the
number
of
target
compounds
is
limited.
It
identifies
individual
components.
On
the
other
hand,
Method
25A
is
a
total
volatile
organic
compound
(VOC)
measurement
method.
Members
of
the
regulated
public
found
it
difficult
to
effectively
use
Method
18
in
compliance
with
the
subject
regulation
because
their
sources
contain
up
to
hundreds
of
regulated
compounds,
and
because
the
test
matrix
changes
daily.
The
Agency
believes
that
allowing
the
use
of
Method
25A
will
solve
this
problem.
Also,
from
an
environmental
protection
viewpoint,
Method
25A
may
be
more
protective
than
Method
18
because
it
is
a
total
analysis
method
and
responds
to
total
volatile
organic
carbon
without
differentiating
among
individual
components.
Therefore,
this
change
will
allow
the
needed
method
selection
flexibility
without
lessening
environmental
protection.
As
part
of
this
change,
we
added
equations
for
the
calculation
of
total
mass
flow
rates
for
sources
utilizing
Method
25A.
Both
Methods
25A
and
18
are
located
in
40
CFR
part
60,
appendix
A.
X.
Proposed
Removal
of
Requirements
from
§
63.1208(
b)(
8)(
i)
and
(ii)
in
the
NESHAP
Standards
to
Demonstrate
Feedstream
Analytes
are
not
Present
at
Certain
Levels
EPA
promulgated
the
National
Emission
Standards
for
Hazardous
Air
Pollutants
(NESHAP)
for
Hazardous
Waste
Combustors
on
September
30,
1999
pursuant
to
section
112
of
the
Clean
Air
Act.
Sections
63.1208(
b)(
8)(
i)
and
(ii)
require
sources,
for
each
feedstream,
to
demonstrate
that:
(1)
Each
analyte
is
not
present
above
the
reported
level
at
the
80%
upper
confidence
limit
around
the
mean;
and
(2)
the
analysis
could
have
detected
the
presence
of
the
constituent
at
or
below
the
reported
level
at
the
80%
upper
confidence
limit
around
the
mean.
Several
stakeholders
raised
concerns
about
implementing
this
requirement.
For
example,
stakeholders
questioned
the
ability
to
calculate
a
confidence
level
around
the
mean
for
data
distributions
that
are
not
``
normal.
''
Stakeholders
also
raised
the
concern
that
applying
a
confidence
level
criteria
to
each
individual
feedstream
unnecessarily
results
in
a
combined
feedstream
confidence
level
that
is
much
higher
than
80%.
While
the
original
intent
of
these
provisions
was
to
place
a
greater
emphasis
on
performance
rather
than
protocol,
the
provisions
as
written
are
not
clear.
For
example,
the
term
``
reported
level''
is
not
defined
and
is
not
used
elsewhere
in
the
regulations.
This
makes
interpretation
and
application
of
these
provisions
difficult.
Upon
re­
evaluating
this
provision,
we
believe
that
it
is
inappropriate
to
require
explicit
feedstream
analytical
DQO
requirements
for
hazardous
waste
combustors
in
the
regulations.
The
various
questions
raised
by
stakeholders
suggest
that
issues
relating
to
feedstream
analytical
DQOs
need
to
be
addressed
on
a
case­
by­
case
basis.
We
therefore
propose
to
delete
§
63.1208(
b)(
8)(
i)
and
(ii).
We
will
retain
the
preceding
regulatory
language
that
states
``
It
is
your
responsibility
to
ensure
that
the
sampling
and
analysis
procedures
are
unbiased,
precise,
and
that
the
results
are
representative
of
the
feedstream.
''
In
addition
to
the
above
regulatory
language,
we
note
that
§
63.1209(
c)
also
addresses
general
feedstream
analysis
requirements.
In
particular,
§
63.1209(
c)(
1)
states
that
a
source
must,
prior
to
feeding
the
material,
``
obtain
an
analysis
of
each
feedstream
that
is
sufficient
to
document
compliance
with
the
applicable
feedrate
limits.
''
We
believe
that
sources
should
develop
feedstream
analytical
DQOs
consistent
with
the
general
principal
of
ensuring
compliance
with
their
applicable
feedstream
limits.
We
anticipate
that
hazardous
waste
combustion
sources
will
establish
feedstream
analytical
DQOs
that
reflect
the
site­
specific
needs
at
their
particular
facility,
and
include
these
DQOs
in
their
Title
V
permit
(when
required
by
the
permitting
official)
and
also
in
their
feedstream
analysis
plan
that
is
required
pursuant
to
§
63.1209(
c).
This
feedstream
analysis
plan
must
be
kept
on
site
in
the
operating
record,
and
is
subject
to
review
and
approval
by
the
authorized
regulatory
Agency
upon
request.

XI.
Announcing
the
Availability
of
the
RCRA
Waste
Sampling
Draft
Technical
Guidance
A.
Why
Is
the
Agency
Releasing
this
Guidance?
As
part
of
the
Agency's
efforts
towards
Innovating
for
Better
Environmental
Results,
we
have
worked
to
revise
the
existing
waste
sampling
guidance
in
Chapter
Nine
of
SW–
846.
Many
advances
in
waste
sampling
strategies
have
occurred
since
the
existing
waste
sampling
guidance
Chapter
Nine
was
initially
published
in
1986.
The
Agency
believes
that
a
critical
element
in
a
program
design
is
a
wellthought
out
systematic
waste
sampling
or
characterization
plan
for
evaluating
hazardous
wastes.
This
should
include
consideration
of
approaches
to
address
issues
regarding
evaluating
physical
and
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chemical
properties
of
solid
waste.
We
believe
it
is
our
obligation
to
provide
current
guidance
and
better
tools
to
address
these
environmental
monitoring
issues
in
accordance
with
performance
based
measurement
principles.
Several
EPA
offices
have
worked
closely
together
to
develop
this
guidance
(the
Office
of
Solid
Waste,
EPA
Regions,
the
Office
of
Research
and
Development,
and
the
Office
of
Enforcement
and
Compliance
Assurance.)
In
addition,
in
order
to
achieve
expert
external
peer
review,
we
have
sought
and
received
considerable
input
from
public
stakeholders
knowledgeable
about
sampling
issues
and
techniques.

B.
What
Is
Included
in
the
Draft
Guidance?
The
draft
technical
guidance
contains
information
on
how
to
develop
a
sampling
plan
to
determine
if
(1)
a
solid
waste
exhibits
any
of
the
characteristics
of
a
hazardous
waste,
(2)
a
hazardous
waste
is
prohibited
from
land
disposal
regulations,
and
(3)
a
numeric
treatment
standard
has
been
met.
The
guidance
can
also
be
used
as
a
tool
for
implementing
and
assessing
your
program.
In
addition,
the
guidance
is
an
excellent
resource
of
information
on
other
guidance
documents
that
may
help
the
user
meet
other
sampling
objectives
such
as
site
characterization
under
the
RCRA
corrective
action
programs.
Finally,
the
guidance
includes
a
glossary
of
terms,
information
on
fundamental
statistical
concepts
and
optimizing
the
design
for
obtaining
the
data,
examples
of
how
to
control
variability
and
bias
in
sampling,
guidance
on
selecting
equipment
and
conducting
sampling
analysis,
and
information
on
how
to
assess
data.
In
addition,
we
believe
the
guidance
is
a
good
working
tool
for
planning
and
implementing
your
sampling
program,
and
assessing
sampling
information.
The
guidance
includes
statistical
concepts
which
can
promote
the
development
of
scientifically
sound
and
effective
data.
It
is
our
intention
to
provide
these
statistical
concepts
in
a
user­
friendly
manner.

C.
Will
This
Guidance
Replace
the
Existing
Chapter
Nine
of
SW–
846?
This
document
will
update
and
replace
the
original
sampling
guidance
version
of
Chapter
Nine
found
in
EPA
publication
SW–
846
when
the
Fourth
Edition
of
SW–
846
is
published.
It
is
our
intention
to
make
the
guidance
available
as
a
stand­
alone
document
titled,
``
RCRA
Waste
Sampling
Draft
Technical
Guidance.
''
After
receipt
of
your
comments,
EPA
will
evaluate
them
and
then
revise
the
guidance
as
appropriate.
The
document
when
finalized
will
replace
the
existing
sampling
guidance
of
Chapter
Nine,
and
SW–
846
will
reference
the
separate,
stand­
alone
sampling
guidance
document.

D.
Can
the
Draft
Technical
Guidance
Be
Used
Now?
By
releasing
the
guidance,
EPA
immediately
makes
available
a
wealth
of
new
statistical
concepts,
examples,
and
approaches
to
waste
sampling
and
characterizations.
The
Agency
believes
the
regulated
community
and
others
will
use
the
guidance
when
it
is
appropriate
and
beneficial
to
do
so.
The
guidance
has
undergone
extensive
technical
and
peer
review
from
EPA's
Office
of
Research
and
Development
(ORD),
the
American
Society
of
Testing
and
Material
(ASTM),
and
Academia,
and
is
considered
a
useable
tool.
The
guidance
is
not
required,
and
does
not
replace
any
regulation
or
impose
any
regulatory
requirement.
Through
this
announcement,
we
are
making
it
available
to
assist
the
public
in
addressing
issues
regarding
waste
sampling
and
characterization.
Users
of
the
guidance
will
still
be
obligated
to
follow
regulations
which
govern
any
particular
program.
Furthermore,
the
Agency
believes
the
public
will
be
pleased
with
the
information
contained
in
this
document
and
will
choose
to
use
it
immediately
when
appropriate
to
do
so,
because
of
the
quality
of
information
provided.
The
guidance
promotes
flexibility
and
cost
effectiveness
in
achieving
improved
technologies
in
sampling
design.
Finally,
the
release
of
the
guidance
has
been
requested
by
the
public
for
some
time.
Therefore,
we
believe
that
this
guidance
will
become
an
important
part
of
the
RCRA
program,
and
will
be
helpful
to
users
in
sampling
and
characterizing
waste
streams.
We
are
making
the
draft
technical
guidance
available
to
the
public
on
the
Web
and
in
the
RCRA
docket.
Please
see
the
instructions
in
section
I.
A
of
the
proposed
rule
for
obtaining
information
on
the
draft
technical
guidance
via
the
EPA
Internet
website
or
the
RCRA
docket.

E.
When
Will
the
Guidance
Be
Finalized?
The
guidance
may
be
finalized
through
one
of
two
courses
of
action.
The
Agency
may
place
this
guidance
on
a
separate
track
of
its
own
and
finalize
it
soon
after
careful
consideration
of
all
comments
received
under
this
notice
of
availability.
On
the
other
hand,
the
Agency
may
announce
the
availability
of
the
Final
Technical
Guidance
as
part
of
the
Final
Methods
Innovation
Rule
(MIR)
package.
Depending
on
the
extent
of
comments
received,
the
process
may
take
approximately
fifteen
months.

F.
Request
for
Comment
The
Agency
developed
the
``
RCRA
Waste
Sampling
Draft
Technical
Guidance''
for
use
by
members
of
both
the
regulated
community
and
regulating
authorities.
By
making
it
available
for
public
comment,
we
hope
to
encourage
involvement
in
its
development
by
all
stakeholders.
All
portions
of
the
document
are
open
to
comment.
Your
comments
will
help
us
improve
the
guidance
and
ensure
that
it
is
most
beneficial
to
users.
Follow
the
directions
for
submitting
public
comments
given
in
section
I.
B
of
this
proposed
rule
and
notice
of
availability.

XII.
State
Authorization
Procedures
A.
Applicability
of
Federal
Rules
in
Authorized
States
Under
section
3006
of
RCRA,
EPA
may
authorize
qualified
states
to
administer
the
RCRA
hazardous
waste
program
within
the
state.
Following
authorization,
the
state
requirements
authorized
by
EPA
apply
in
lieu
of
equivalent
Federal
requirements
and
become
Federally
enforceable
as
requirements
of
RCRA.
EPA
maintains
independent
authority
to
bring
enforcement
actions
under
RCRA
sections
3007,
3008,
3013,
and
7003.
Authorized
states
also
have
independent
authority
to
bring
enforcement
actions
under
state
law.
A
state
may
receive
authorization
by
following
the
approval
process
described
in
40
CFR
part
271.
40
CFR
part
271
also
describes
the
overall
standards
and
requirements
for
authorization.
After
a
state
receives
initial
authorization,
new
Federal
regulatory
requirements
promulgated
under
the
authority
in
the
RCRA
statute
which
existed
prior
to
the
1984
Hazardous
and
Solid
Waste
Amendments
(HSWA)
do
not
apply
in
that
state
until
the
state
adopts
and
receives
authorization
for
equivalent
state
requirements.
The
state
must
adopt
such
requirements
to
maintain
authorization.
In
contrast,
under
RCRA
section
3006(
g)
(i.
e.,
42
U.
S.
C.
6926(
g)),
new
Federal
requirements
and
prohibitions
imposed
pursuant
to
HSWA
provisions
take
effect
in
authorized
states
at
the
same
time
that
they
take
effect
in
unauthorized
states.
Although
authorized
states
are
still
required
to
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update
their
hazardous
waste
programs
to
remain
equivalent
to
the
Federal
program,
EPA
carries
out
HSWA
requirements
and
prohibitions
in
authorized
states,
including
the
issuance
of
new
permits
implementing
those
requirements,
until
EPA
authorizes
the
state
to
do
so.
Finally,
authorized
states
are
required
to
modify
their
programs
only
when
EPA
promulgates
Federal
requirements
that
are
more
stringent
or
broader
in
scope
than
existing
Federal
requirements.
RCRA
section
3009
allows
the
states
to
impose
standards
more
stringent
than
those
in
the
Federal
program.
See
also
§
271.1(
i).
Therefore,
authorized
states
are
not
required
to
adopt
Federal
regulations,
both
HSWA
and
non­
HSWA,
that
are
considered
less
stringent.

B.
Authorization
of
States
for
Today's
Proposal
Today's
proposal
affects
many
aspects
of
the
RCRA
Program
and
would
be
promulgated
pursuant
to
both
HSWA
and
non­
HSWA
statutory
authority.
Therefore,
when
promulgated,
the
Agency
will
add
the
rule
to
Table
1
in
§
271.1(
j),
which
identifies
Federal
regulations
that
are
promulgated
pursuant
to
the
statutory
authority
that
was
added
by
HSWA.
States
may
apply
for
final
authorization
for
the
HSWA
provisions,
as
discussed
in
the
following
section
of
this
preamble.
Today's
proposed
rule
language
provides
standards
that
are
equivalent
to
or
less
stringent
than
the
existing
provisions
in
the
Federal
regulations
which
they
would
amend.
Therefore,
States
would
not
be
required
to
adopt
and
seek
authorization
for
this
rulemaking.
EPA
would
implement
this
rulemaking
only
in
those
states
which
are
not
authorized
for
the
RCRA
Program,
and
will
implement
provisions
promulgated
pursuant
to
HSWA
only
in
those
states
which
have
not
received
authorization
for
the
HSWA
provision
that
would
be
amended.
In
authorized
States,
the
changes
will
not
be
applicable
until
and
unless
the
State
revises
its
program
to
adopt
the
revisions.
(Note:
Procedures
and
deadlines
for
State
program
revisions
are
set
forth
in
§
271.21.)
This
rule
will
provide
significant
benefits
to
EPA,
states,
and
the
regulated
community,
without
compromising
human
health
or
environmental
protection.
Because
this
rulemaking
would
not
become
effective
in
authorized
states
until
they
adopted
and
are
authorized
for
it,
EPA
will
strongly
encourage
states
to
amend
their
programs
and
seek
authorization
for
today's
proposal,
once
it
becomes
final.
C.
Abbreviated
Authorization
Procedures
EPA
considers
today's
proposal
to
be
a
minor
rulemaking
and
is
proposing
to
add
it
to
the
list
of
minor
or
routine
rulemakings
in
Table
1
to
§
271.21.
Placement
in
this
table
would
enable
states
to
use
the
abbreviated
procedures
located
in
§
271.21(
h)
when
they
seek
authorization
for
today's
proposed
changes
after
they
are
promulgated.
These
abbreviated
procedures
were
established
in
the
HWIR­
media
rulemaking
(see
63
FR
65927,
November
30,
1998).
EPA
requests
comment
on
this
placement
in
Table
1
to
§
271.21.

XIII.
Administrative
Requirements
A.
Executive
Order
12866
Under
Executive
Order
12866
(58
FR
51735,
October
4,
1993),
we
must
determine
whether
a
proposed
regulatory
action
is
``
significant,
''
and
therefore
subject
to
Office
of
Management
and
Budget
(OMB)
review
and
the
requirements
of
the
Executive
Order.
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,
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
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(3)
Materially
alter
the
budgetary
impact
of
entitlement,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
(4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
this
Executive
Order.
OMB
determined
that
this
proposed
rule
is
not
a
``
significant
regulatory
action''
under
the
terms
of
Executive
Order
12866
and
is
therefore
not
subject
to
OMB
review
and
the
requirements
of
the
Executive
Order.

B.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(UMRA
or
the
Act),
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
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
costbenefit
analysis,
for
proposed
rules
and
final
rules
with
Federal
mandates
that
may
result
in
estimated
costs
to
State,
local,
and
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,
section
205
of
the
Act
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives.
Under
section
205,
EPA
must
adopt
the
least
costly,
most
costeffective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule,
unless
the
Administrator
explains
in
the
final
rule
why
that
alternative
was
not
adopted.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Before
EPA
establishes
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
develop
under
section
203
of
the
Act
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
giving
them
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
them
on
compliance
with
the
regulatory
requirements.
First,
this
proposed
rule
does
not
contain
a
Federal
mandate.
The
proposed
rule
imposes
no
enforceable
duty
on
any
State,
local
or
tribal
governments.
This
proposed
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments.
This
is
due
to
the
fact
that
this
rule
does
not
add
any
new
regulatory
requirements
and
States
need
not
adopt
its
revisions.
This
rule
only
revises
certain
regulatory
sections
to
remove
required
uses
of
SW–
846
methods
and
allow
the
use
of
other
appropriate
methods
or
to
clarify
allowed
flexibility
in
method
selection
for
meeting
RCRA­
related
monitoring
requirements.
Under
RCRA,
regardless
of
the
method
used—
the
one
specified
in
the
regulation
or
the
``
other
appropriate
method''—
regulated
entities
should
be
demonstrating
that
the
method
is
appropriate
for
its
intended
use.
This
rule
also
does
not
propose
new
monitoring
or
information
collection
requirements.
The
additional
flexibility
allowed
by
this
rule
should
result
in
improved
data
quality
at
reduced
cost.
Thus,
today's
proposed
rule
is
not
subject
to
the
requirements
of
sections
202,
203
and
205
of
UMRA.

C.
Regulatory
Flexibility
Act
(RFA),
as
Amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(SBREFA),
5
U.
S.
C.
601
et
seq.
The
RFA
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
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Register
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67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.
For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
small
entity
is
defined
as:
(1)
A
small
business
that
is
independently
owned
and
operated
and
not
dominant
in
its
field
as
defined
by
Small
Business
Administration
(SBA)
regulations
under
Section
3
of
the
Small
Business
Act
for
SIC;
(2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
After
considering
the
economic
impacts
of
today's
proposed
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
In
determining
whether
a
rule
has
a
significant
economic
impact
on
a
substantial
number
of
small
entities,
the
impact
of
concern
is
any
significant
adverse
economic
impact
on
small
entities,
since
the
primary
purpose
of
the
regulatory
flexibility
analyses
is
to
identify
and
address
regulatory
alternatives
``
which
minimize
any
significant
economic
impact
of
the
proposed
rule
on
small
entities.
''
5
U.
S.
C.
603
and
604.
Thus,
an
agency
may
certify
that
a
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
if
the
rule
relieves
regulatory
burden,
or
otherwise
has
a
positive
economic
effect
on
all
of
the
small
entities
subject
to
the
rule.
Today's
proposed
rule,
if
finalized,
is
specifically
intended
to
reduce
economic
burden
for
all
entities.
The
proposed
action
will
provide
greater
flexibility
and
utility
to
all
effected
entities,
including
small
entities,
by
providing
an
increase
in
choices
of
appropriate
analytical
methods
for
RCRA
applications.
It
does
not
create
any
new
regulatory
requirements
or
require
any
new
reports
beyond
those
now
required
by
the
revised
regulations.
In
addition,
its
revisions
need
not
be
adopted
by
regulated
entities.
Such
entities
can
continue
to
use
the
methods
specified
in
the
regulations
instead
of
choosing
the
option
to
use
appropriate
methods
from
other
reliable
sources.
We
have
therefore
concluded
that
today's
proposed
rule
will
relieve
regulatory
burden
for
small
entities.
We
continue
to
be
interested
in
the
potential
impacts
of
the
proposed
rule
on
small
entities
and
welcome
comments
on
issues
related
to
such
impacts.

D.
Environmental
Justice
(Executive
Order
12898)

Executive
Order
12898,
``
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations,
''
February
11,
1994,
requires
that
regulatory
actions
be
accompanied
by
an
environmental
justice
analysis.
This
analysis
must
look
at
potentially
disproportionate
impacts
the
action
may
have
on
minority
and/
or
low­
income
communities.
The
Agency
has
determined
that
the
proposed
action
does
not
raise
environmental
justice
concerns.
The
impact
of
this
proposed
rule,
if
finalized,
will
be
to
provide
increased
flexibility
in
the
choice
of
appropriate
analytical
methods
for
RCRA
applications.
The
Agency
is
not
aware
of
any
disproportionate
impacts
that
such
flexibility
may
have
on
minority
and/
or
low­
income
communities.

E.
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(Executive
Order
13045)

Executive
Order
13045,
``
Protection
of
Children
From
Environmental
Health
Risks
and
Safety
Risks''
(62
FR
19885,
April
23,
1997)
applies
to
any
rule
that:
(1)
Is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
This
proposed
rule
is
not
subject
to
the
Executive
Order
because
it
is
not
economically
significant
as
defined
in
Executive
Order
12866.
Also,
EPA
interprets
Executive
Order
13045
as
applying
only
to
those
regulatory
actions
that
are
based
on
health
or
safety
risks,
such
that
the
analysis
required
under
section
5–
501
of
the
Order
has
the
potential
to
influence
the
regulation.
This
proposed
rule
is
not
subject
to
Executive
Order
13045
because
it
does
not
establish
an
environmental
standard
intended
to
mitigate
health
or
safety
risks.
The
action
discussed
in
today's
proposed
rule
is
intended
to
provide
regulatory
relief,
and
thus
is
not
strictly
subject
to
Executive
Order
13045.

F.
Consultation
and
Coordination
With
Indian
Tribal
Governments
(Executive
Order
13175)
Executive
Order
13175
(65
FR
67249)
entitled,
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.
``
Policies
that
have
tribal
implications''
are
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.
''
Today's
proposed
rule
does
not
have
tribal
implications.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
For
many
of
the
same
reasons
described
above
under
unfunded
mandates,
the
requirements
of
the
Executive
Order
do
not
apply
to
this
proposed
rulemaking.
As
stated
above,
this
rule
does
not
propose
any
new
regulatory
requirements
and
governments
need
not
adopt
it.
It
does
not
impose
any
direct
compliance
costs
on
tribal
governments.
In
the
spirit
of
Executive
Order
13175,
and
consistent
with
EPA
policy
to
promote
communications
between
EPA
and
tribal
governments,
EPA
specifically
solicits
additional
comment
on
this
proposed
rule
from
tribal
officials.

G.
Federalism
(Executive
Order
13132)
Executive
Order
13132,
entitled
``
Federalism''
(64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.
''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.
''
This
proposed
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
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/
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October
30,
2002
/
Proposed
Rules
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
As
explained
above,
today's
proposed
rule
does
not
impose
new
requirements
on
the
States
and
its
regulatory
changes
need
not
be
adopted
by
the
States.
Thus,
Executive
Order
13132
does
not
apply
to
this
rule.
Because
these
changes
are
equivalent
to
or
less
stringent
than
the
existing
Federal
program,
states
would
not
be
required
to
adopt
and
seek
authorization
for
them.
In
the
spirit
of
Executive
Order
13132,
and
consistent
with
EPA
policy
to
promote
communications
between
EPA
and
State
and
local
governments,
EPA
specifically
solicits
comment
on
this
proposed
rule
from
State
and
local
officials.

H.
National
Technology
Transfer
And
Advancement
Act
of
1995
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(``
NTTAA''),
Pub.
L.
104–
113,
section
12(
d)
(15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
us
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
This
proposed
rule
increases
flexibility
in
the
use
of
methods
for
RCRA­
related
analyses
and
does
not
itself
identify
or
require
the
use
of
new
methods
or
other
technical
standards.
In
fact,
this
rule,
if
finalized,
may
increase
the
use
of
available
voluntary
consensus
standards
for
some
RCRA
applications,
provided
that
such
methods
are
appropriate
for
the
regulatory
application.
The
only
technical
standards
included
in
this
rule
include
the
proposed
replacement
of
obsolete
references
to
voluntary
consensus
standards,
in
this
case
ASTM
Methods
D
3278–
78
and
D
93–
79
or
D
93–
80
for
flash
point
determinations,
with
references
to
the
most
recent
versions
of
those
methods,
ASTM
Methods
D
3278–
96
and
D
93–
99c,
in
the
SW–
846
methods
(Methods
1010
and
1020).
The
recent
versions
of
the
methods
are
not
significantly
different
from
the
older
versions.
EPA
welcomes
comments
on
this
aspect
of
the
proposed
rulemaking.
I.
Energy
Effects
(Executive
Order
13211)
This
proposed
rule
is
not
a
``
significant
energy
action''
as
defined
in
Executive
Order
13211,
``
Actions
Concerning
Regulations
that
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(66
FR
28355,
May
22,
2001)
because
it
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.
Further,
we
have
concluded
that
this
proposed
rule
is
not
likely
to
have
any
adverse
energy
effects.

J.
Paperwork
Reduction
Act
This
action
does
not
impose
any
new
information
collection
burden.
There
are
no
additional
reporting,
notification,
or
recordkeeping
provisions
associated
with
today's
proposed
rule.
However,
the
Office
of
Management
and
Budget
(OMB)
has
previously
approved
the
information
collection
requirements
contained
in
some
of
the
existing
regulations
being
revised
by
this
proposed
rule,
under
the
provisions
of
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.,
and
has
assigned
OMB
control
numbers
for
those
information
collection
requirements,
as
follows:

—40
CFR
258.28:
OMB
control
number
2050–
0122
—40
CFR
260.21
and
260.22:
OMB
control
number
2050–
0053
—40
CFR
261.3:
OMB
control
number
2050–
0085
—40
CFR
261.35:
OMB
control
number
2050–
0115
—40
CRF
264.1034,
264.1063,
265.1034,
and
265.1063:
OMB
control
number
2050–
0050
—40
CFR
266.100,
266.102,
266.106,
266.112,
Appendix
IX
to
part
63,
and
270.22:
OMB
control
number
2050–
0073
—40
CFR
270.19:
OMB
control
number
2050–
0009
—40
CFR
270.62:
OMB
control
numbers
2050–
0009
and
2050–
0149
—40
CFR
270.66:
OMB
control
numbers
2050–
0073
and
2050–
0149
—40
CFR
279.10,
279.44,
279.53
and
279.63:
OMB
control
number
2050–
0124
Copies
of
the
ICR
document(
s)
may
be
obtained
from
Sandy
Farmer,
by
mail
at
the
Office
of
Environmental
Information,
Collection
Strategies
Division;
U.
S.
Environmental
Protection
Agency
(2822);
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
by
e­
mail
at
farmer.
sandy@
epa.
gov,
or
by
calling
(202)
260–
2740.
A
copy
may
also
be
downloaded
off
the
Internet
at
http://
www.
epa.
gov/
icr.
Include
the
ICR
and/
or
OMB
number
in
any
correspondence.
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.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
Chapter
15.

List
of
Subjects
40
CFR
Part
63
Environmental
protection,
Air
pollution
control,
Hazardous
substances,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
258
Environmental
protection,
Reporting
and
recordkeeping
requirements,
Waste
treatment
and
disposal,
Water
pollution
control.

40
CFR
Part
260
Environmental
protection,
Administrative
practice
and
procedure,
Confidential
business
information,
Hazardous
waste,
Incorporation
by
reference,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
261
Environmental
protection,
Comparable
fuels,
syngas
fuels,
Excluded
hazardous
waste,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
264
Environmental
protection,
Air
pollution
control,
Hazardous
waste,
Insurance,
Packaging
and
containers,
Reporting
and
recordkeeping
requirements,
Security
measures,
Surety
bonds.

40
CFR
Part
265
Environmental
protection,
Air
pollution
control,
Hazardous
waste,
Insurance,
Packaging
and
containers,
Reporting
and
recordkeeping
requirements,
Security
measures,
Surety
bonds,
Water
supply.

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40
CFR
Part
266
Environmental
protection,
Energy,
Hazardous
waste,
Recycling,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
270
Environmental
protection,
Administrative
practice
and
procedure,
Confidential
business
information,
Hazardous
materials
transportation,
Hazardous
waste,
Reporting
and
recordkeeping
requirements,
Water
pollution
control,
Water
supply.

40
CFR
Part
271
Environmental
protection,
Administrative
practice
and
procedure,
Confidential
business
information,
Hazardous
materials
transportation,
Hazardous
waste,
Indians­
lands,
Intergovernmental
relations,
Penalties,
Reporting
and
recordkeeping
requirements,
Water
pollution
control,
Water
supply.

40
CFR
Part
279
Environmental
protection,
Petroleum,
Recycling,
Reporting
and
recordkeeping
requirements.

Dated:
October
9,
2002.
Christine
Todd
Whitman,
Administrator,
U.
S.
Environmental
Protection
Agency.

For
the
reasons
set
out
in
the
preamble,
title
40,
Chapter
I,
of
the
Code
of
Federal
Regulations
EPA
proposes
to
amend
as
set
forth
below:
PART
63—
NATIONAL
EMISSION
STANDARDS
FOR
HAZARDOUS
AIR
POLLUTANTS
FOR
SOURCE
CATEGORIES
1.
The
authority
citation
for
part
63
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7401
et
seq.

Subpart
EEE—
National
Emission
Standards
for
Hazardous
Air
Pollutants
From
Hazardous
Waste
Combustors
2.
Section
63.1208
is
amended
by
revising
paragraph
(b)(
8)
to
read
as
follows:

§
63.1208
What
are
the
test
methods?

*
*
*
*
*
(b)
*
*
*
(8)
Feedstream
analytical
methods.
You
may
use
any
reliable
analytical
method
to
determine
feedstream
concentrations
of
metals,
chlorine,
and
other
constituents.
It
is
your
responsibility
to
ensure
that
the
sampling
and
analysis
procedures
are
unbiased,
precise,
and
that
the
results
are
representative
of
the
feedstream.
*
*
*
*
*

PART
258—
CRITERIA
FOR
MUNICIPAL
SOLID
WASTE
LANDFILLS
3.
The
authority
citation
for
part
258
continues
to
read
as
follows:

Authority:
33
U.
S.
C.
1345(
d)
and
(e);
42
U.
S.
C
6902(
a),
6907,
6912(
a),
6944,
6945(
c),
and
6949a(
c).
Subpart
C—
Operating
Criteria
4.
Section
258.28
is
amended
by
revising
paragraph
(c)(
1)
to
read
as
follows:

§
258.28
Liquids
restrictions.

*
*
*
*
*
(c)
*
*
*
(1)
Liquid
waste
means
any
waste
material
that
is
determined
to
contain
``
free
liquids''
as
defined
by
Method
9095
(Paint
Filter
Liquids
Test),
included
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods''
(EPA
Publication
SW–
846),
incorporated
by
reference
in
§
260.11.
*
*
*
*
*
5.
Appendix
I
to
part
258
is
amended
by
revising
footnote
1
to
read
as
follows:

Appendix
I
to
Part
258—
Constituents
for
Detection
Monitoring
1
*
*
*
*
*
1
This
list
contains
47
volatile
organics
for
which
potentially
applicable
analytical
procedures
provided
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods''
(EPA
Publication
SW–
846)
include
Method
8260;
and
15
metals
for
which
SW–
846
provides
Methods
6010,
and
6020,
or
the
7000
series
of
methods.

*
*
*
*
*
6.
Appendix
II
to
part
258
is
revised
as
follows:

Appendix
II
to
Part
258—
List
of
Hazardous
Inorganic
and
Organic
Constituents
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
Acenaphthene
.............................................................................
83–
32–
9
.........
Acenaphthylene,
1,2­
dihydro­
Acenaphthylene
..........................................................................
208–
96–
8
.......
Acenaphthylene
Acetone
.......................................................................................
67–
64–
1
.........
2­
Propanone
Acetonitrile;
Methyl
cyanide
........................................................
75–
05–
8
.........
Acetonitrile
Acetophenone
.............................................................................
98–
86–
2
.........
Ethanone,
1­
phenyl­
2­
Acetylaminofluorene;
2–
AAF
...................................................
53–
96–
3
.........
Acetamide,
N–
9H­
fluoren­
2­
yl­
Acrolein
.......................................................................................
107–
02–
8
.......
2­
Propenal
Acrylonitrile
.................................................................................
107–
13–
1
.......
2­
Propenenitrile
Aldrin
...........................................................................................
309–
00–
2
.......
1,4:
5,8­
Dimethanonaphthalene,
1,2,3,4,10,10­
hexachloro­
1,4,4a,
5,8,8a­
hexahydro­
(1,4,4a,
5,8,8a)­
Allyl
chloride
................................................................................
107–
05–
1
.......
1­
Propene,
3­
chloro­
4­
Aminobiphenyl
.........................................................................
92–
67–
1
.........
[1,1
­Biphenyl]­
4­
amine
Anthracene
..................................................................................
120–
12–
7
.......
Anthracene
Antimony
.....................................................................................
(Total)
............
Antimony
Arsenic
........................................................................................
(Total)
............
Arsenic
Barium
.........................................................................................
(Total)
............
Barium
Benzene
......................................................................................
71–
43–
2
.........
Benzene
Benzo[
a]
anthracene;
Benzanthracene
.......................................
56–
55–
3
.........
Benz[
a]
anthracene
Benzo[
b]
fluoranthene
..................................................................
205–
99–
2
.......
Benz[
e]
acephenanthrylene
Benzo[
k]
fluoranthene
..................................................................
207–
08–
9
.......
Benzo[
k]
fluoranthene
Benzo[
ghi]
perylene
.....................................................................
191–
24–
2
.......
Benzo[
ghi]
perylene
Benzo[
a]
pyrene
...........................................................................
50–
32–
8
.........
Benzo[
a]
pyrene
Benzyl
alcohol
.............................................................................
100–
51–
6
.......
Benzenemethanol
Beryllium
.....................................................................................
(Total)
............
Beryllium
alpha­
BHC
..................................................................................
319–
84–
6
.......
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2    
,3   
,4    
,5   
,6   
)­
beta­
BHC
....................................................................................
319–
85–
7
.......
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2   
,3    
,4   
,5    
,6   
)­
delta­
BHC
...................................................................................
319–
86–
8
.......
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2    
,3    
,4   
,5    
,6   
)­
gamma­
BHC;
Lindane
................................................................
58–
89–
9
.........
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2    
,3   
,4    
,5    
,6   
)­
Bis(
2­
chloroethoxy)
methane
.......................................................
111–
91–
1
.......
Ethane,
1,1
­[
methylenebis
(oxy)]
bis
[2­
chloro­
Bis(
2­
chloroethyl)
ether;
Dichloroethyl
ether
...............................
111–
44–
4
.......
Ethane,
1,1
­oxybis[
2­
chloro­

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30,
2002
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Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
Bis(
2­
chloro­
1­
methylethyl)
ether;
2,2
­
Dichlorodiisopropyl
ether;
DCIP,
See
note
4.
108–
60–
1
.......
Propane,
2,2
­oxybis[
1­
chloro­

Bis(
2­
ethylhexyl)
phthalate
.........................................................
117–
81–
7
.......
1,2­
Benzenedicarboxylic
acid,
bis(
2­
ethylhexyl)
ester
Bromochloromethane;
Chlorobromethane
..................................
74–
97–
5
.........
Methane,
bromochloro­
Bromodichloromethane;
Dibromochlormethane
.........................
75–
27–
4
.........
Methane,
bromodichloro­
Bromoform;
Tribromomethane
....................................................
75–
25–
2
.........
Methane,
tribromo­
4­
Bromophenyl
phenyl
ether
......................................................
101–
55–
3
.......
Benzene,
1­
bromo­
4­
phenoxy­
Butyl
benzyl
phthalate;
Benzyl
butyl
phthalate
...........................
85–
68–
7
.........
1,2­
Benzenedicarboxylic
acid,
butyl
phenylmethyl
ester
Cadmium
.....................................................................................
(Total)
............
Cadmium
Carbon
disulfide
..........................................................................
75–
15–
0
.........
Carbon
disulfide
Carbon
tetrachloride
...................................................................
56–
23–
5
.........
Methane,
tetrachloro­
Chlordane
...................................................................................
57–
74–
9
.........
4,7­
Methano­
1H­
indene,
1,2,4,5,6,7,8,8­
octachloro­
2,3,3a,
4,7,7a­
hexahydro­
p­
Chloroaniline
............................................................................
106–
47–
8
.......
Benzenamine,
4­
chloro­
Chlorobenzene
............................................................................
108–
90–
7
.......
Benzene,
chloro­
Chlorobenzilate
...........................................................................
510–
15–
6
.......
Benzeneacetic
acid,
4­
chloro­
­(
4­
chlorophenyl)­
­hydroxy­,
ethyl
ester.
p­
Chloro­
m­
cresol;
4­
Chloro­
3­
methylphenol
.............................
59–
50–
7
.........
Phenol,
4­
chloro­
3­
methyl­
Chloroethane;
Ethyl
chloride
......................................................
75–
00–
3
.........
Ethane,
chloro­
Chloroform;
Trichloromethane
....................................................
67–
66–
3
.........
Methane,
trichloro­
2­
Chloronaphthalene
..................................................................
91–
58–
7
.........
Naphthalene,
2­
chloro­
2­
Chlorophenol
...........................................................................
95–
57–
8
.........
Phenol,
2­
chloro­
4­
Chlorophenyl
phenyl
ether
......................................................
7005–
72–
3
.....
Benzene,
1­
chloro­
4­
phenoxy­
Chloroprene
................................................................................
126–
99–
8
.......
1,3­
Butadiene,
2­
chloro­
Chromium
...................................................................................
(Total)
............
Chromium
Chrysene
.....................................................................................
218–
01–
9
.......
Chrysene
Cobalt
..........................................................................................
(Total)
............
Cobalt
Copper
........................................................................................
(Total)
............
Copper
m­
Cresol;
3­
Methylphenol
...........................................................
108–
39–
4
.......
Phenol,
3­
methyl­
o­
Cresol;
2­
Methylphenol
............................................................
95–
48–
7
.........
Phenol,
2­
methyl­
p­
Cresol;
4­
Methylphenol
............................................................
106–
44–
5
.......
Phenol,
4­
methyl­
Cyanide
.......................................................................................
57–
12–
5
.........
Cyanide
2,4­
D;
2,4­
Dichlorophenoxyacetic
acid
.......................................
94–
75–
7
.........
Acetic
acid,
(2,4­
dichlorophenoxy)­
4,4
­DDD
.....................................................................................
72–
54–
8
.........
Benzene
1,1
­(
2,2­
dichloroethylidene)
bis[
4­
chloro­
4,4
­DDE
.....................................................................................
72–
55–
9
.........
Benzene,
1,1
­(
dichloroethenylidene)
bis[
4­
chloro­
4,4
­DDT
.....................................................................................
50–
29–
3
.........
Benzene,
1,1
­(
2,2,2­
trichloroethylidene)
bis[
4­
chloro­
Diallate
........................................................................................
2303–
16–
4
.....
Carbamothioic
acid,
bis(
1­
methylethyl)­,
S­
(2,3­
dichloro­
2­
propenyl)
ester.
Dibenz[
a,
h]
anthracene
................................................................
53–
70–
3
.........
Dibenz[
a,
h]
anthracene
Dibenzofuran
...............................................................................
132–
64–
9
.......
Dibenzofuran
Dibromochloromethane;
Chlorodibromomethane
........................
124–
48–
1
.......
Methane,
dibromochloro­
1,2­
Dibromo­
3­
chloropropane;
....................................................
96–
12–
8
.........
Propane,
DBCP
1,2­
dibromo­
3­
chloro­
1,2­
Dibromoethane;
Ethylene
dibromide;
EDB
..........................
106–
93–
4
.......
Ethane,
1,2­
dibromo­
Di­
n­
butyl
phthalate
.....................................................................
84–
74–
2
.........
1,2­
Benzenedicarboxylic
acid,
dibutyl
ester
o­
Dichlorobenzene;
1,2­
Dichlorobenzene
..................................
95–
50–
1
.........
Benzene,
1,2­
dichloro­
m­
Dichlorobenzene;
1,3­
Dichlorobenzene
.................................
541–
73–
1
.......
Benzene,
1,3­
dichloro­
p­
Dichlorobenzene;
1,4­
Dichlorobenzene
..................................
106–
46–
7
.......
Benzene,
1,4­
dichloro­
3,3
­Dichlorobenzidine
................................................................
91–
94–
1
.........
[1,1
­Biphenyl]­
4,4
­
diamine,
3,3
­dichloro­
trans­
1,4­
Dichloro­
2­
butene
........................................................
110–
57–
6
.......
2­
Butene,
1,4­
dichloro­,
(E)­
Dichlorodifluoromethane;
CFC
12
..............................................
75–
71–
8
.........
Methane,
dichlorodifluoro­
1,1­
Dichloroethane;
Ethyldidene
chloride
...................................
75–
34–
3
.........
Ethane,
1,1­
dichloro­
1,2­
Dichloroethane;
Ethylene
dichloride
.....................................
107–
06–
2
.......
Ethane,
1,2­
dichloro­
1,1­
Dichloroethylene;
1,1­
Dichloroethene;
Vinylidene
chloride
..
75–
35–
4
.........
Ethene,
1,1­
dichloro­
cis­
1,2­
Dichloroethylene;
cis­
1,2­
Dichloroethene
.......................
156–
59–
2
.......
Ethene,
1,2­
dichloro­(
Z)­
trans­
1,2­
Dichloroethylene;
trans­
1,2­
Dichloroethene
................
156–
60–
5
.......
Ethene,
1,2­
dichloro­,
(E)­
2,4­
Dichlorophenol
......................................................................
120–
83–
2
.......
Phenol,
2,4­
dichloro­
2,6­
Dichlorophenol
......................................................................
87–
65–
0
.........
Phenol,
2,6­
dichloro­
1,2­
Dichloropropane
...................................................................
78–
87–
5
.........
Propane,
1,2­
dichloro­
1,3­
Dichloropropane;
Trimethylene
dichloride
............................
142–
28–
9
.......
Propane,
1,3­
dichloro­
2,2­
Dichloropropane;
Isopropylidene
chloride
............................
594–
20–
7
.......
Propane,
2,2­
dichloro­
1,1­
Dichloropropene
...................................................................
563–
58–
6
.......
1­
Propene,
1,1­
dichloro­
cis­
1,3­
Dichloropropene
..............................................................
10061–
01–
5
...
1­
Propene,
1,3­
dichloro­,
(Z)­
trans­
1,3­
Dichloropropene
..........................................................
10061–
02–
6
...
1­
Propene,
1,3­
dichloro­,
(E)­
Dieldrin
........................................................................................
60–
57–
1
.........
2,7:
3,6­
Dimethanonaphth
[2,3­
b]
oxirene,
3,4,5,6,9,9­
hexachloro­
1a,
2,2a,
3,6,6a,
7,7a­
octahydro­,
(1a    
2
,
2a
,
3
,
6
,
6a
,
7
,7a
)­
Diethyl
phthalate
.........................................................................
84–
66–
2
.........
1,2­
Benzenedicarboxylic
acid,
diethyl
ester
O,
O­
Diethyl
O–
2­
pyrazinyl
phosphorothioate;
Thionazin
...........
297–
97–
2
.......
Phosphorothioic
acid,
O,
O­
diethyl
O­
pyrazinyl
ester.
Dimethoate
..................................................................................
60–
51–
5
.........
Phosphorodithioic
acid,
O,
O­
dimethyl
S­[
2­(
methylamino)­
2­
oxoethyl]
ester
p­(
Dimethylamino)
azobenzene
...................................................
60–
11–
7
.........
Benzenamine,
N,
N­
dimethyl­
4­(
phenylazo)­
7,12­
Dimethylbenz[
a]
anthracene
................................................
57–
97–
6
.........
Benz[
a]
anthracene,
7,12­
dimethyl­
3,3
­Dimethylbenzidine
...............................................................
119–
93–
7
.......
[1,1
­Biphenyl]­
4,4
­diamine,
3,3
­dimethyl­
alpha,
alpha­
Dimethylphenethylamine
........................................
122–
09–
8
.......
Benzeneethanamine,
a
,
a
­dimethyl­

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/
Vol.
67,
No.
210
/
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October
30,
2002
/
Proposed
Rules
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
2,4­
Dimethylphenol;
m­
Xylenol
...................................................
105–
67–
9
.......
Phenol,
2,4­
dimethyl­
Dimethyl
phthalate
......................................................................
131–
11–
3
.......
1,2­
Benzenedicarboxylic
acid,
dimethyl
ester
m­
Dinitrobenzene
........................................................................
99–
65–
0
.........
Benzene,
1,3­
dinitro­
4,6­
Dinitro­
o­
cresol;
4,6­
Dinitro­
2­
methylphenol
.......
534–
52–
1
.......
Phenol,
2­
methyl­
4,6­
dinitro­
2,4­
Dinitrophenol
.........................................................................
51–
28–
5
.........
Phenol,
2,4­
dinitro­
2,4­
Dinitrotoluene
........................................................................
121–
14–
2
.......
Benzene,
1­
methyl­
2,4­
dinitro­
2,6­
Dinitrotoluene
........................................................................
606–
20–
2
.......
Benzene,
2­
methyl­
1,3­
dinitro­
Dinoseb;
DNBP;
2­
sec­
Butyl­
4,6­
dinitrophenol
..........................
88–
85–
7
.........
Phenol,
2­(
1­
methylpropyl)­
4,6­
dinitro­
Di­
n­
octyl
phthalate
.....................................................................
117–
84–
0
.......
1,2­
Benzenedicarboxylic
acid,
dioctyl
ester
Diphenylamine
............................................................................
122–
39–
4
.......
Benzenamine,
N­
phenyl­
Disulfoton
....................................................................................
298–
04–
4
.......
Phosphorodithioic
acid,
O,
O­
diethyl
S­[
2­
(ethylthio)
ethyl]
ester
Endosulfan
I
................................................................................
959–
98–
8
.......
6,9­
Methano­
2,4,3­
benzodiox­
athiepin,
6,7,8,9,10,10­
hexachloro­
1,5,5a,
6,9,9a­
hexahydro­,
3­
oxide,
Endosulfan
II
...............................................................................
33213–
65–
9
...
6,9­
Methano­
2,4,3­
benzodioxathiepin,
6,7,8,9,10,10­
hexachloro­
1,5,5a,
6,9,9a­
hexahydro­,
3­
oxide,
(3    
,
5a    
,
6   
,
9   
,
9a    
)­
Endosulfan
sulfate
......................................................................
1031–
07–
8
.....
6,9­
Methano­
2,4,3­
benzodioxathiepin,
6,7,8,9,10,10­
hexachloro­
1,5,5a,
6,9,9a­
hexahydro­,
3,3­
dioxide
Endrin
..........................................................................................
72–
20–
8
.........
2,7:
3,6­
Dimethanonaphth[
2,3­
b]
oxirene,
3,4,5,6,9,9­
hexachloro­
1a,
2,2a,
3,6,6a,
7,7a­
octahydro­,
(1a    
,
2   
,
2a   
,
3    
,
6    
,
6a   
,
7   
,
7a    
)­
Endrin
aldehyde
..........................................................................
7421–
93–
4
.....
1,2,4­
Methe
nocyclo­
penta[
cd]
pentalene­
5­
carboxaldehyde,
2,2a,
3,3,4,7­
hexa­
chlorodecahydro­,(
1    
,
2   
,
2a   
,
4   
,4a   
,5   
,6a   
,6b   
,7R*)­
Ethylbenzene
..............................................................................
100–
41–
4
.......
Benzene,
ethyl­
Ethyl
methacrylate
......................................................................
97–
63–
2
.........
2­
Propenoic
acid,
2­
methyl­,
ethyl
ester
Ethyl
methanesulfonate
..............................................................
62–
50–
0
.........
Methanesulfonic
acid,
ethyl
ester
Famphur
......................................................................................
52–
85–
7
.........
Phosphorothioic
acid,
O­[
4­
[(
dimethylamino)
sulfonyl]
pheny
l]
O
O­
dimethyl
ester
Fluoranthene
...............................................................................
206–
44–
0
.......
Fluoranthene
Fluorene
......................................................................................
86–
73–
7
.........
9H–
Fluorene
Heptachlor
...................................................................................
76–
44–
8
.........
4,7­
Methano­
1H­
indene,
1,4,5,6,7,8,8­
heptachloro­
3a,
4,7,7atetrahydro
Heptachlor
epoxide
.....................................................................
1024–
57–
3
.....
2,5­
Methano­
2H­
indeno[
1,2­
b]
oxirene,
2,3,4,5,6,7,7­
heptachloro­
1a,
1b,
5,5a,
6,6a,­
hexahydro
1a    
,1b   
,2    
,5    
,5a   
,6   
,6a    
)
Hexachlorobenzene
....................................................................
118–
74–
1
.......
Benzene,
hexachloro­
Hexachlorobutadiene
..................................................................
87–
68–
3
.........
1,3­
Butadiene,
1,1,2,3,4,4­
hexachloro­
Hexachlorocyclopentadiene
........................................................
77–
47–
4
.........
1,3­
Cyclopentadiene,
1,2,3,4,5,5­
hexachloro­
Hexachloroethane
.......................................................................
67–
72–
1
.........
Ethane,
hexachloro­
Hexachloropropene
.....................................................................
1888–
71–
7
.....
1­
Propene,
1,1,2,3,3,3­
hexachloro­
2­
Hexanone;
Methyl
butyl
ketone
...............................................
591–
78–
6
.......
2­
Hexanone
Indeno(
1,2,3­
cd)
pyrene
...............................................................
193–
39–
5
.......
Indeno[
1,2,3­
cd]
pyrene
Isobutyl
alcohol
...........................................................................
78–
83–
1
.........
1­
Propanol,
2­
methyl­
Isodrin
.........................................................................................
465–
73–
6
.......
1,4,5,8­
Dimethanonaphthalene,
1,2,3,4,1
0,10­
hexachloro1,4,4a
5,8,8a
hexahydro­(
1    
,4    
,4a   
,5   
,8   
,8a   
)­
Isophorone
..................................................................................
78–
59–
1
.........
2­
Cyclohexen­
1­
one,
3,5,5­
trimethyl­
Isosafrole
....................................................................................
120–
58–
1
.......
1,3­
Benzodioxole,
5­(
1­
propenyl)­
Kepone
........................................................................................
143–
50–
0
.......
1,3,4­
Metheno­
2H­
cyclobuta­
[cd]
pentalen­
2­
one,
1,1a,
3,3a,
4,5,5,5a,
5b,
6­
decachlorooctahydro­
Lead
............................................................................................
(Total)
............
Lead
Mercury
.......................................................................................
(Total)
............
Mercury
Methacrylonitrile
..........................................................................
126–
98–
7
.......
2­
Propenenitrile,
2­
methyl­
Methapyrilene
.............................................................................
91–
80–
5
.........
1,2,
Ethanediamine,
N,
N­
dimethyl­
N
­2­
pyridinyl­
N
­(
2­
thienylmethyl)­
Methoxychlor
...............................................................................
72–
43–
5
.........
Benzene,
1,1
­
(2,2,2,
trichloroethylidene)
bis
[4­
methoxy­
Methyl
bromide;
Bromomethane
................................................
74–
83–
9
.........
Methane,
bromo­
Methyl
chloride;
Chloromethane
.................................................
74–
87–
3
.........
Methane,
chloro­
3­
Methylcholanthrene
.................................................................
56–
49–
5
.........
Benz[
j]
aceanthrylene,
1,2­
dihydro­
3­
methyl­
Methyl
ethyl
ketone;
MEK;
2­
Butanone
......................................
78–
93–
3
.........
2­
Butanone
Methyl
iodide;
Iodomethane
.......................................................
74–
88–
4
.........
Methane,
iodo­
Methyl
methacrylate
....................................................................
80–
62–
6
.........
2­
Propenoic
acid,
2­
methyl­,
methyl
ester
Methyl
methanesulfonate
............................................................
66–
27–
3
.........
Methanesulfonic
acid,
methyl
ester
2­
Methylnaphthalene
..................................................................
91–
57–
6
.........
Naphthalene,
2­
methyl­
Methyl
parathion;
Parathion
methyl
............................................
298–
00–
0
.......
Phosphorothioic
acid,
O,
O­
dimethyl
4­
Methyl­
2­
pentanone;
Methyl
isobutyl
ketone
...........................
108–
10–
1
.......
2­
Pentanone,
4­
methyl­
Methylene
bromide;
Dibromomethane
.......................................
74–
95–
3
.........
Methane,
dibromo­
Methylene
chloride;
Dichloromethane
........................................
75–
09–
2
.........
Methane,
dichloro­
Naphthalene
................................................................................
91–
20–
3
.........
Naphthalene
1,4­
Naphthoquinone
...................................................................
130–
15–
4
.......
1,4­
Naphthalenedione
1­
Naphthylamine
.........................................................................
134–
32–
7
.......
1­
Naphthalenamine
2­
Naphthylamine
.........................................................................
91–
59–
8
.........
2­
Naphthalenamine
Nickel
..........................................................................................
(Total)
............
Nickel
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30OCP3.
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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
o­
Nitroaniline;
2­
Nitroaniline
.......................................................
88–
74–
4
.........
Benzenamine,
2­
nitro­
m­
Nitroaniline;
3­
Nitroaniline
......................................................
99–
09–
2
.........
Benzenamine,
3­
nitro­
p­
Nitroaniline;
4­
Nitroaniline
.......................................................
100–
01–
6
.......
Benzenamine,
4­
nitro­
Nitrobenzene
...............................................................................
98–
95–
3
.........
Benzene,
nitro­
o­
Nitrophenol;
2­
Nitrophenol
.......................................................
88–
75–
5
.........
Phenol,
2­
nitro­
p­
Nitrophenol;
4­
Nitrophenol
.......................................................
100–
02–
7
.......
Phenol,
4­
nitro­
N­
Nitrosodi­
n­
butylamine
............................................................
924–
16–
3
.......
1­
Butanamine,
N­
butyl­
N­
nitroso­
N­
Nitrosodiethylamine
.................................................................
55–
18–
5
.........
Ethanamine,
N­
ethyl­
N­
nitroso­
N­
Nitrosodimethylamine
..............................................................
62–
75–
9
.........
Methanamine,
N­
methyl­
N­
nitroso­
N­
Nitrosodiphenylamine
..............................................................
86–
30–
6
.........
Benzenamine,
N­
nitroso­
N­
phenyl­
N­
Nitrosodipropylamine;
N­
Nitroso­
N­
dipropylamine;
Di­
npropylnitrosamine
621–
64–
7
.......
1­
Propanamine,
N­
nitroso­
N­
propyl­

N­
Nitrosomethylethalamine
.........................................................
10595–
95–
6
...
Ethanamine,
N­
methyl­
N­
nitroso­
N­
Nitrosopiperidine
.....................................................................
100–
75–
4
.......
Piperidine,
1­
nitroso­
N­
Nitrosopyrrolidine
....................................................................
930–
55–
2
.......
Pyrrolidine,
1­
nitroso­
5­
Nitro­
o­
toluidine
.......................................................................
99–
55–
8
.........
Benzenamine,
2­
methyl­
5­
nitro­
Parathion
.....................................................................................
56–
38–
2
.........
Phosphorothioic
acid,
O,
O­
diethyl­
O­(
4­
nitrophenyl)
ester
Pentachlorobenzene
...................................................................
608–
93–
5
.......
Benzene,
pentachloro­
Pentachloronitrobenzene
............................................................
82–
68–
8
.........
Benzene,
pentachloronitro­
Pentachlorophenol
......................................................................
87–
86–
5
.........
Phenol,
pentachloro­
Phenacetin
..................................................................................
62–
44–
2
.........
Acetamide,
N­(
4­
ethoxyphenyl)
Phenanthrene
.............................................................................
85–
01–
8
.........
Phenanthrene
Phenol
.........................................................................................
108–
95–
2
.......
Phenol
p­
Phenylenediamine
...................................................................
106–
50–
3
.......
1,4­
Benzenediamine
Phorate
.......................................................................................
298–
02–
2
.......
Phosphorodithioic
acid,
O,
O­
diethyl
S­[(
ethylthio)
methyl]
ester
Polychlorinated
biphenyls;
PCBs
................................................
See
Note
6
....
1,1
­Biphenyl,
chloro
derivatives
Pronamide
...................................................................................
23950–
58–
5
...
Benzamide,
3,5­
dichloro­
N­(
1,1­
dimethyl­
2­
propynyl)­
Propionitrile;
Ethyl
cyanide
.........................................................
107–
12–
0
.......
Propanenitrile
Pyrene
.........................................................................................
129–
00–
0
.......
Pyrene
Safrole
.........................................................................................
94–
59–
7
.........
1,3­
Benzodioxole,
15­(
2­
propenyl)­
Selenium
.....................................................................................
(Total)
............
Selenium
Silver
...........................................................................................
(Total)
............
Silver
Silvex;
2,4,5­
TP
..........................................................................
93–
72–
1
.........
Propanoic
acid,
12­(
2,4,5­
trichlorophenoxy)­
Styrene
........................................................................................
100–
42–
5
.......
Benzene,
ethenyl­
Sulfide
.........................................................................................
18496–
25–
8
...
Sulfide
2,4,5­
T;
2,4,5­
Trichlorophenoxyacetic
acid
................................
93–
76–
5
.........
Acetic
acid,
(2,4,5­
trichlorophenoxy)­
2,3,7,8­
TCDD;
2,3,7,8­
Tetrachlorodibenzo­
p­
dioxin
...................
1746–
01–
6
.....
Dibenzo[
b,
e][
1,4]
dioxin,
2,3,7,8­
tetrachloro­
1,2,4,5­
Tetrachlorobenzene
........................................................
95–
94–
3
.........
Benzene,
1,2,4,5­
tetrachloro­
1,1,1,2­
Tetrachloroethane
...........................................................
630–
20–
6
.......
Ethane,
1,1,1,2­
tetrachloro­
1,1,2,2­
Tetrachloroethane
...........................................................
79–
34–
5
.........
Ethane,
1,1,2,2­
tetrachloro­
Tetrachloroethylene;
Tetrachloroethene;
Perchloroethylene
......
127–
18–
4
.......
Ethene,
tetrachloro­
2,3,4,6­
Tetrachlorophenol
...........................................................
58–
90–
2
.........
Phenol,
2,3,4,6­
tetrachloro­
Thallium
......................................................................................
(Total)
............
Thallium
Tin
...............................................................................................
(Total)
............
Tin
Toluene
.......................................................................................
108–
88–
3
.......
Benzene,
methyl­
o­
Toluidine
..................................................................................
95–
53–
4
.........
Benzenamine,
2­
methyl­
Toxaphene
..................................................................................
See
Note
7
....
Toxaphene
1,2,4­
Trichlorobenzene.
..............................................................
120–
82–
1
.......
Benzene,
1,2,4­
trichloro­
1,1,1­
Trichloroethane;
Methylchloroform
....................................
71–
55–
6
.........
Ethane,
1,1,1­
trichloro­
1,1,2­
Trichloroethane
..................................................................
79–
00–
5
.........
Ethane,
1,1,2­
trichloro­
Trichloroethylene;
Trichloroethene
.............................................
79–
01–
6
.........
Ethene,
trichloro­
Trichlorofluoromethane;
CFC–
11
...............................................
75–
69–
4
.........
Methane,
trichlorofluoro­
2,4,5­
Trichlorophenol
..................................................................
95–
95–
4
.........
Phenol,
2,4,5­
trichloro­
2,4,6­
Trichlorophenol
..................................................................
88–
06–
2
.........
Phenol,
2,4,6­
trichloro­
1,2,3­
Trichloropropane
................................................................
96–
18–
4
.........
Propane,
1,2,3­
trichloro­
O,
O,
O­
Triethyl
phosphorothioate
................................................
126–
68–
1
.......
Phosphorothioic
acid,
O,
O,
O­
triethyl
ester
sym­
Trinitrobenzene
...................................................................
99–
35–
4
.........
Benzene,
1,3,5­
trinitro­
Vanadium
....................................................................................
(Total)
............
Vanadium
Vinyl
acetate
...............................................................................
108–
05–
4
.......
Acetic
acid,
ethenyl
ester
Vinyl
chloride;
Chloroethene
.......................................................
75–
01–
4
.........
Ethene,
chloro­
Xylene
(total)
...............................................................................
See
Note
8
....
Benzene,
dimethyl­
Zinc
.............................................................................................
(Total)
............
Zinc
1
Common
names
are
those
widely
used
in
government
regulations,
scientific
publications,
and
commerce;
synonyms
exist
for
many
chemicals
2
Chemical
Abstracts
Service
registry
number.
Where
``
Total''
is
entered,
all
species
in
the
ground
water
that
contain
this
element
are
included.
3
CAS
index
names
are
those
used
in
the
9th
Cumulative
Index.
4
This
substance
is
often
called
Bis(
2­
chloroisopropyl)
ether,
the
name
Chemical
Abstracts
Service
applies
to
its
noncommercial
isomer,
Propane
2,2
­oxybis[
2­
chloro­(
CAS
RN
39638–
32–
9).
5
Chlordane:
This
entry
includes
alpha­
chlordane
(CAS
RN
5103–
71–
9),
beta­
chlordane
(CAS
RN
5103–
74–
2),
gamma­
chlordane
(CAS
RN
5566–
34–
7),
and
constituents
of
chlordane
(CAS
RN
57–
74–
9
and
CAS
RN
12789–
03–
6).
6
Polychlorinated
biphenyls
(CAS
RN
1336–
36–
3);
this
category
contains
congener
chemicals,
including
constituents
of
Aroclor­
1016
(CAS
RN
12674–
11–
2),
Aroclor­
1221
(CAS
RN
11104–
28–
2),
Aroclor­
1232
(CAS
RN
11141–
16–
5),
Aroclor­
1242
(CAS
RN
53469–
21–
9),
Aroclor­
1248
(CAS
RN
12672–
29–
6),
Aroclor­
1254
(CAS
RN
11097–
69–
1),
and
Aroclor­
1260
(CAS
RN
11096–
82–
5).
7
Toxaphene:
This
entry
includes
congener
chemicals
contained
in
technical
toxaphene
(CAS
RN
8001–
35–
2),
i.
e.,
chlorinated
camphene.

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/
Vol.
67,
No.
210
/
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October
30,
2002
/
Proposed
Rules
8
Xylene
(total):
This
entry
includes
o­
xylene
(CAS
RN
96–
47–
6),
m­
xylene
(CAS
RN
108–
38–
3),
p­
xylene
(CAS
RN
106–
42–
3),
and
unspecified
xylenes
(dimethylbenzenes)
(CAS
RN
1330–
20–
7).

PART
260—
HAZARDOUS
WASTE
MANAGEMENT
SYSTEM:
GENERAL
7.
The
authority
citation
for
part
260
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912(
a),
6921–
6927,
6930,
6934,
6935,
6937,
6938,
6939,
and
6974.

Subpart
B—
Definitions
8.
Section
260.11
is
amended
by
revising
paragraphs
(a)(
1)
and
(2)
and
(a)(
11)
to
read
as
follows:

§
260.11
References.
(a)
*
*
*
(1)
``
ASTM
Standard
Test
Methods
for
Flash
Point
of
Liquids
by
Small
Scale
Closed­
Cup
Apparatus,
''
ASTM
Standard
D
3278–
96,
available
from
American
Society
for
Testing
and
Materials,
at
100
Barr
Harbor
Drive,
West
Conshohocken,
PA
19428,
http://
www.
astm.
org,
or
from
Global
Engineering
Documents,
15
Iverness
Way
East,
Englewood,
CO
80112,
1–
800–
854–
7179,
http://
global.
ihs.
com.
(2)
``
ASTM
Standard
Test
Methods
for
Flash­
Point
by
Pensky­
Martens
Closed
Cup
Tester,
''
ASTM
Standard
D
93–
99c,
available
from
American
Society
for
Testing
and
Materials,
at
100
Barr
Harbor
Drive,
West
Conshohocken,
PA
19428,
http://
www.
astm.
org,
or
from
Global
Engineering
Documents,
15
Iverness
Way
East,
Englewood,
CO
80112,
1–
800–
854–
7179,
http://
global.
ihs.
com.
*
*
*
*
*
(11)
The
following
methods
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
Third
Edition,
as
grouped
and
identified
by
date
(found
in
bottom
right
corner
of
method)
and
promulgated
updated
version:
Methods
0010,
0020,
0030,
and
1320,
dated
September
1986
and
in
the
Basic
Manual;
Methods
1311
and
1330,
dated
July
1992
and
in
Update
I;
Method
1312
dated
September
1994
and
in
Update
II;
Methods
0011,
0023,
0031,
0040,
0050,
0051,
0060,
0061,
3542,
and
5041,
dated
December
1996
and
in
Update
III;
Method
9071
dated
April
1998
and
in
Update
IIIA;
Methods
1010,
1020,
1110,
1310,
9010,
9012,
9040,
9045,
9060,
9070,
and
9095,
dated
[to
be
determined
at
publication
of
final
rule]
and
in
Update
IIIB.
The
Third
Edition
of
SW–
846
and
Updates
I,
II,
IIA,
IIB,
III,
and
IIIB
(document
number
955–
001–
00000–
1)
are
available
from
the
Superintendent
of
Documents,
U.
S.
Government
Printing
Office,
Washington,
DC
20402,
(202)
512–
1800.
Update
IIIA
is
available
through
EPA's
Methods
Information
Communication
Exchange
(MICE)
Service.
MICE
can
be
contacted
by
phone
at
(703)
676–
4690.
Copies
of
the
Third
Edition
of
SW–
846
and
its
updates
are
also
available
from
the
National
Technical
Information
Service
(NTIS),
5285
Port
Royal
Road,
Springfield,
VA
22161,
(703)
605–
6000
or
(800)
553–
6847.
The
above
methods
are
also
available
on
the
Internet
at
http://
www.
epa.
gov/
SW–
846/.
Copies
of
the
methods
incorporated
by
reference
may
be
inspected
at
the
Library,
U.
S.
Environmental
Protection
Agency,
401
M
Street,
SW,
Washington,
DC
20460;
or
at
the
Office
of
the
Federal
Register,
800
North
Capitol
Street,
NW,
Suite
700,
Washington,
DC.
*
*
*
*
*

Subpart
C—
Rulemaking
Petitions
9.
Section
260.21
is
amended
by
revising
paragraph
(d)
to
read
as
follows:

§
260.21
Petitions
for
equivalent
testing
or
analytical
methods.

*
*
*
*
*
(d)
If
the
Administrator
amends
the
regulations
to
permit
use
of
a
new
testing
method,
the
method
will
be
incorporated
by
reference
in
§
260.11
and
added
to
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
U.
S.
Environmental
Protection
Agency,
Office
of
Solid
Waste,
Washington,
DC
20460.
10.
Section
260.22
is
amended
by
revising
paragraph
(d)(
1)(
i)
to
read
as
follows:

§
260.22
Petitions
to
amend
part
261
to
exclude
a
waste
produced
at
a
particular
facility.

*
*
*
*
*
(d)
*
*
*
(1)
*
*
*
(i)
Does
not
contain
the
constituent
or
constituents
(as
defined
in
Appendix
VII
of
part
261
of
this
chapter)
that
caused
the
Administrator
to
list
the
waste,
by
using
appropriate
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources;
or
*
*
*
*
*

PART
261—
IDENTIFICATION
AND
LISTING
OF
HAZARDOUS
WASTE
11.
The
authority
citation
for
part
261
continues
to
read
as
follows:
Authority:
42
U.
S.
C.
6905,
6912(
a),
6921,
6922,
6924(
y),
and
6938.

Subpart
A—
General
12.
Section
261.3
is
amended
by
revising
paragraph
(a)(
2)(
v)
introductory
text
to
read
as
follows:

§
261.3
Definition
of
hazardous
waste.
(a)
*
*
*
(2)
*
*
*
(v)
Rebuttable
presumption
for
used
oil.
Used
oil
containing
more
than
1000
ppm
total
halogens
is
presumed
to
be
a
hazardous
waste
because
it
has
been
mixed
with
halogenated
hazardous
waste
listed
in
subpart
D
of
part
261
of
this
chapter.
Persons
may
rebut
this
presumption
by
demonstrating
that
the
used
oil
does
not
contain
hazardous
waste
(for
example,
by
using
appropriate
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources
to
show
that
the
used
oil
does
not
contain
significant
concentrations
of
halogenated
hazardous
constituents
listed
in
appendix
VIII
of
part
261
of
this
chapter).
*
*
*
*
*

Subpart
C—
Characteristics
of
Hazardous
Waste
13.
Section
261.21
is
amended
by
revising
paragraph
(a)(
1)
to
read
as
follows:

§
261.21
Characteristic
of
ignitability.
(a)
*
*
*
(1)
It
is
a
liquid,
other
than
an
aqueous
solution
containing
less
than
24
percent
alcohol
by
volume
and
has
flash
point
less
than
60
°
C
(140
°
F),
as
determined
by
a
Pensky­
Martens
Closed
Cup
Tester,
using
the
test
method
specified
in
ASTM
Standard
D
93–
99c
(incorporated
by
reference,
see
§
260.11)
which
is
used
and
referenced
by
Method
1010
of
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846
(incorporated
by
reference,
see
§
260.11),
or
a
Small
Scale
Closed­
Cup
Apparatus,
using
the
test
method
specified
in
ASTM
Standard
D
3278–
96
(incorporated
by
reference,
see
§
260.11)
which
is
used
and
referenced
by
Method
1020
of
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846
(incorporated
by
reference,
see
§
260.11).
*
*
*
*
*

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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
14.
Section
261.22
is
amended
by
revising
paragraph
(a)(
2)
introductory
text
to
read
as
follows:

§
261.22
Characteristic
of
corrosivity.
(a)
*
*
*
(2)
It
is
a
liquid
and
corrodes
steel
(SAE
1020)
at
a
rate
greater
than
6.35
mm
(0.250
inch)
per
year
at
a
test
temperature
of
55
°
C
(130
°
F)
as
determined
by
the
test
method
specified
in
NACE
(National
Association
of
Corrosion
Engineers)
Standard
TM–
01–
69
as
standardized
as
Method
1110
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
and
as
incorporated
by
reference
in
§
260.11
of
this
chapter.
*
*
*
*
*

Subpart
D—
Lists
of
Hazardous
Wastes
15.
Section
261.35
is
amended
by
revising
paragraphs
(b)(
2)(
iii)(
A)
and
(B)
to
read
as
follows:

§
261.35
Deletion
of
certain
hazardous
waste
codes
following
equipment
cleaning
and
replacement.

*
*
*
*
*
(b)
*
*
*
(2)
*
*
*
(iii)
*
*
*
(A)
Rinses
must
be
tested
by
using
appropriate
methods
such
as
Method
8290
of
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods''
(EPA
Publication
SW–
846)
or
appropriate
methods
from
other
reliable
sources.
(B)
``
Not
detected''
means
at
or
below
the
lower
method
calibration
limit
(MCL)
in
SW–
846
Method
8290,
Table
1.
Other
appropriate
methods
from
other
reliable
sources
may
be
used
provided
that
these
criteria
are
met.
*
*
*
*
*
16.
Section
261.38
is
amended
by
revising
paragraph
(c)(
7)
introductory
text
to
read
as
follows:

§
261.38
Comparable/
Syngas
Fuel
Exclusion.

*
*
*
*
*
(c)
*
*
*
(7)
Waste
analysis
plans.
The
generator
of
a
comparable/
syngas
fuel
shall
develop
and
follow
a
written
waste
analysis
plan
which
describes
the
procedures
for
sampling
and
analysis
of
the
hazardous
waste
to
be
excluded.
The
waste
analysis
plan
should
be
developed
in
accordance
with
appropriate
guidance
such
as
found
in
the
applicable
sections
of
the
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods''
(EPA
Publication
SW–
846)
or
other
reliable
sources.
The
plan
shall
be
followed
and
retained
at
the
facility
excluding
the
waste.
*
*
*
*
*
17.
Appendix
III
to
part
261
is
revised
to
read
as
follows:

Appendix
III
to
Part
261—
Chemical
Analysis
Test
Methods
Note:
Examples
of
appropriate
analytical
procedures
to
determine
whether
a
sample
contains
a
given
toxic
constituent
are
provided
in
Chapter
Two,
``
Choosing
the
Correct
Procedure,
''
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846.
Prior
to
final
sampling
and
analysis
method
selection,
the
individual
should
consult
the
specific
section
or
method
described
in
SW–
846,
if
used,
for
additional
guidance
on
which
methods
should
be
employed
for
a
specific
sample
analysis
situation.

16.
Appendix
IX
to
part
261
is
amended
in
Table
1:
a.
In
the
entry
for
``
Aptus,
Inc,
Coffeyville,
Kansas,
''
under
the
``
Waste
description''
column,
by
revising
paragraphs
(2),
(3),
and
(4);
b.
In
the
entry
for
``
Arkansas
Department
of
Pollution
Control
and
Ecology,
Vertac
Superfund
site,
Jacksonville,
Arkansas,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
(1)
and
by
revising
paragraph
(3)(
C);
c.
In
the
entry
for
``
Bethlehem
Steel
Corporation,
Sparrows
Point,
Maryland,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
(1);
d.
In
the
entry
for
``
BMW
Manufacturing
Corporation,
Greer,
South
Carolina,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
(2);
e.
In
the
entry
for
``
DuraTherm,
Incorporated,
San
Leon,
Texas,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
(3);
f.
In
the
entry
for
``
Eastman
Chemical
Company,
Longview,
Texas,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
(3);
g.
In
the
entry
for
``
Envirite
of
Pennsylvania
(formerly
Envirite
Corporation),
York,
Pennsylvania,
under
the
``
Waste
description''
column,
by
revising
paragraph
(2);
h.
In
the
entry
for
``
Geological
Reclamation
Operations
and
Waste
Systems,
Inc.,
Morrisville,
PA,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
text
of
paragraph
(1);
i.
In
the
entry
for
``
McDonnel
Douglas
Corporation,
Tulsa,
Oklahoma,
''
under
the
``
Waste
description''
column
by
revising
paragraph
(3);
j.
In
the
entry
for
``
Occidental
Chemical,
Ingleside,
Texas,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
(3);
k.
In
the
entry
for
``
Rhodia,
Houston,
Texas,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
(3);
l.
In
the
entry
for
``
Syntex
Agribusiness,
Springfield,
MO,
''
under
the
``
Waste
description''
column,
by
revising
paragraphs
(2),
(3),
(4),
(5),
and
(6);
m.
In
the
entry
for
``
Texas
Eastman,
Longview,
Texas,
''
under
the
``
Waste
description''
column,
by
revising
paragraph
3;
n.
In
the
entry
for
``
Tyco
Printed
Circuit
Group,
Melbourne
Division,
Melbourne,
Florida,
''
under
the
``
Waste
description''
column,
by
revising
the
introductory
text
of
paragraph
1.
The
revisions
read
as
follows:

Appendix
IX—
Wastes
Excluded
Under
§§
260.20
and
260.22
TABLE
1.—
WASTES
EXCLUDED
FROM
NON­
SPECIFIC
SOURCES
Facility
Address
Waste
description
Aptus,
Inc.
..........................................
Coffeyville,
Kansas
.............
*****
(1)
*
*
*

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210
/
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October
30,
2002
/
Proposed
Rules
TABLE
1.—
WASTES
EXCLUDED
FROM
NON­
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(2)
A
minimum
of
four
grab
samples
must
be
taken
from
each
hopper
(or
other
container)
of
kiln
residue
generated
during
each
24
hour
run;
all
grabs
collected
during
a
given
24
hour
run
must
then
be
composited
to
form
one
composite
sample.
A
minimum
of
four
grab
samples
must
also
be
taken
from
each
hopper
(or
other
container)
of
spray
dryer/
baghouse
residue
generated
during
each
24
hour
run;
all
grabs
collected
during
a
given
24
hour
run
must
then
be
composited
to
form
one
composite
sample.
Prior
to
the
disposal
of
the
residues
from
each
24
hour
run,
a
TCLP
leachate
test
must
be
performed
on
these
composite
samples
and
the
leachate
analyzed
for
the
TC
toxic
metals,
nickel,
and
cyanide.
If
arsenic,
chromium,
lead
or
silver
TC
leachate
test
results
exceed
1.6
ppm,
barium
levels
exceed
32
ppm,
cadmium
or
selenium
levels
exceed
0.3
ppm,
mercury
levels
exceed
0.07
ppm,
nickel
levels
exceed
10
ppm,
or
cyanide
levels
exceed
6.5
ppm,
the
wastes
must
be
retreated
to
achieve
these
levels
or
must
be
disposed
in
accordance
with
subtitle
C
of
RCRA.
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
(3)
Aptus
must
generate,
prior
to
the
disposal
of
the
residues,
verification
data
from
each
24
hour
run
for
each
treatment
residue
(i.
e.,
kiln
residue,
spray
dryer/
baghouse
residue)
to
demonstrate
that
the
maximum
allowable
treatment
residue
concentrations
listed
below
are
not
exceeded.
Samples
must
be
collected
as
specified
in
Condition
(2).
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Any
residues
which
exceed
any
of
the
levels
listed
below
must
be
retreated
or
must
be
disposed
of
as
hazardous.
Kiln
residue
and
spray
dryer/
baghouse
residue
must
not
exceed
the
following
levels:
Aldrin—
0.015
ppm;
Benzene—
9.7
ppm;
Benzo(
a)
pyrene—
0.43
ppm;
Benzo(
b)
fluoranthene—
1.8
ppm;
Chlordane—
0.37
ppm;
Chloroform—
5.4
ppm;
Chrysene—
170
ppm;
Dibenz(
a,
h)
anthracene—
0.083
ppm;
1,2­
Dichloroethane—
4.1
ppm;
Dichloromethane—
2.4
ppm;
2,4­
Dichlorophenol—
480
ppm;
Dichlorvos—
260
ppm;
Disulfaton—
23
ppm;
Endosulfan
I—
310
ppm;
Fluorene—
120
ppm;
Indeno(
1,2,3,
cd)­
pyrene—
330
ppm;
Methyl
parathion—
210
ppm;
Nitrosodiphenylamine—
130
ppm;
Phenanthrene—
150
ppm;
Polychlorinated
biphenyls—
0.31
ppm;
Tetrachloroethylene—
59
ppm;
2,4,5­
TP
(silvex)—
110
ppm;
2,4,6­
Trichlorophenol—
3.9
ppm.
(4)
Aptus
must
generate,
prior
to
disposal
of
residues,
verification
data
from
each
24
hour
run
for
each
treatment
residue
(i.
e.,
kiln
residue,
spray
dryer/
baghouse
residue)
to
demonstrate
that
the
residues
do
not
contain
tetra­,
penta­,
or
hexachlorodibenzo­
p­
dioxins
or
furans
at
levels
of
regulatory
concern.
Samples
must
be
collected
as
specified
in
Condition
(2).
The
TCDD
equivalent
levels
for
the
solid
residues
must
be
less
than
5
ppt.
Any
residues
with
detected
dioxins
or
furans
in
excess
of
this
level
must
be
retreated
or
must
be
disposed
of
as
acutely
hazardous
For
this
analysis,
Aptus
must
use
appropriate
methods
such
as
Method
8290
found
in
EPA
Publication
SW–
846,
a
high
resolution
gas
chromatography
and
high
resolution
mass
spectroscopy
(HRGC/
HRMS)
analytical
method,
or
use
appropriate
methods
found
in
other
reliable
sources.
For
tetra­
and
penta­
chlorinated
dioxin
and
furan
homologs,
the
maximum
practical
quantitation
limit
must
not
exceed
15
ppt
for
the
solid
residues.
For
hexachlorinated
dioxin
and
furan
homologs,
the
maximum
practical
quantitation
limit
must
not
exceed
37
ppt
for
the
solid
residues.
*****

Arkansas
Department
of
Pollution
Control
and
Ecology.
Vertac
Superfund
site,
Jacksonville,
Arkansas.
*****

(1)
Testing:
Sample
collection
and
analyses
(including
quality
control
(QC)
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
*****
(3)
*
*
*

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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
1.—
WASTES
EXCLUDED
FROM
NON­
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(C)
Chlorinated
dioxins
and
furans:
2,3,7,8­
Tetrachlorodibenzo­
p­
dioxin
equivalents,
4
x
10
7
ppm.
The
petitioned
by­
product
must
be
analyzed
for
the
tetra­,
penta­,
hexa­,
and
heptachlorodibenzo­
p­
dioxins,
and
the
tetra­,
penta­,
hexa­,
and
heptachlorodibenzofurans
to
determine
the
2,3,7,8­
tetra­
chlorodibenzo­
p­
dioxin
equivalent
concentration.
The
analysis
must
be
conducted
using
appropriate
methods
such
as
SW–
846
Method
8290,
a
high
resolution
gas
chromatography/
high
resolution
mass
spectrometry
method,
or
other
appropriate
methods
found
in
other
reliable
sources,
and
must
achieve
practical
quantitation
limits
of
15
parts
per
trillion
(ppt)
for
the
tetra­
and
penta­
homologs,
and
37
ppt
for
the
hexa­
and
hepta­
homologs.
*****

Bethlehem
Steel
Corporation
.............
Sparrows
Point,
Maryland
..
*****
(1)
Testing:
Sample
collection
and
analyses
(including
quality
control
(QC)
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
stabilization
process
to
be
effective
under
the
conditions
used
during
the
initial
verification
testing,
BSC
may
replace
the
testing
required
in
Condition
(1)(
A)
with
the
testing
required
in
Condition
(1)(
B).
BSC
must
continue
to
test
as
specified
in
Condition
(1)(
A)
until
and
unless
notified
by
EPA
in
writing
that
testing
in
Condition
(1)(
A)
may
be
replaced
by
Condition
(1)(
B)
(to
the
extent
directed
by
EPA).
*****

BMW
Manufacturing
Corporation
.......
Greer,
South
Carolina
........
*****
(2)
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Methods
must
meet
Performance
Based
Measurement
System
Criteria
in
which
the
Data
Quality
Objectives
are
to
demonstrate
that
representative
samples
of
the
BMW
Sludge
meet
the
delisting
levels
in
Condition
(1).
*****

DuraTherm,
Incorporated
...................
San
Leon,
Texas
................
*****
(3)
Verification
Testing
Requirements:
DuraTherm
must
perform
sample
collection
and
analyses,
including
quality
control
procedures,
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
process
to
be
effective
under
the
operating
conditions
used
during
the
initial
verification
testing,
DuraTherm
may
replace
the
testing
required
in
Paragraph
(3)(
A)
with
the
testing
required
in
Paragraph
(3)(
B).
DuraTherm
must
continue
to
test
as
specified
in
Paragraph
(3)(
A)
until
and
unless
notified
by
EPA
in
writing
that
testing
in
Paragraph
(3)(
A)
may
be
replaced
by
Paragraph
(3)(
B).
*****

Eastman
Chemical
Company
.............
Longview,
Texas
................
*****
(3)
Verification
Testing
Requirements:
Eastman
must
perform
sample
collection
and
analyses,
including
quality
control
procedures,
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
After
completion
of
the
initial
verification
period,
Eastman
may
replace
the
testing
required
in
Condition
(3)(
A)
with
the
testing
required
in
Condition
(3)(
B).
Eastman
must
continue
to
test
as
specified
in
Condition
(3)(
A)
until
and
unless
notified
by
EPA
in
writing
that
testing
in
Condition
(3)(
A)
may
be
replaced
by
Condition
(3)(
B).
*****

Envirite
of
Pennsylvania
(formerly
Envirite
Corporation).
York,
Pennsylvania
.............
*****

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FR\
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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
1.—
WASTES
EXCLUDED
FROM
NON­
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(2)
Each
batch
of
treatment
residue
must
be
tested
for
leachable
cyanide.
If
the
leachable
cyanide
levels
(using
the
EP
Toxicity
test
without
acetic
acid
adjustment)
exceed
1.26
ppm,
the
waste
must
be
retreated
or
managed
and
disposed
as
a
hazardous
waste
under
40
CFR
Parts
262
to
265
and
the
permitting
standards
of
40
CFR
Part
270.
*****

Geological
Reclamation
Operations
and
Systems,
Inc..
Morrisville,
Pennsylvania
....
*****

(1)
Testing:
Sample
collection
and
analyses,
including
quality
control
(QC)
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
*****

McDonnell
Douglas
Corporation
........
Tulsa,
Oklahoma
................
*****
(3)
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
McDonnell
Douglas
must
stabilize
the
previously
unstabilized
waste
from
the
bottom
portion
of
the
northwest
lagoon
of
the
surface
impoundment
(which
was
closed
as
a
landfill
using
fly
ash,
kiln
dust
or
similar
accepted
materials
in
batches
of
500
cubic
yards
or
less.
McDonnell
Douglas
must
analyze
one
composite
sample
from
each
batch
of
500
cubic
yards
or
less.
A
minimum
of
four
grab
samples
must
be
taken
from
each
waste
pile
(or
other
designated
holding
area)
of
stabilized
waste
generated
from
each
batch
run.
Each
composited
batch
sample
must
be
analyzed,
prior
to
disposal
of
the
waste
in
the
batch
represented
by
that
sample,
for
constituents
listed
in
Condition
(1).
There
are
no
verification
testing
requirements
for
the
stabilized
wastes
in
the
upper
portions
of
the
northwest
lagoon,
the
entire
northeast
lagoon,
and
the
entire
south
lagoon
of
the
surface
impoundments
which
were
closed
as
a
landfill.
*****

Occidental
Chemical
..........................
Ingleside,
Texas
.................
*****
(3)
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
incineration
process
to
be
effective
under
the
operating
conditions
used
during
the
initial
verification
testing,
Occidental
Chemical
may
replace
the
testing
required
in
Condition
(3)(
A)
with
the
testing
required
in
Condition
(3)(
B).
Occidental
Chemical
must
continue
to
test
as
specified
in
Condition
(3)(
A)
until
and
unless
notified
by
EPA
in
writing
that
testing
in
Condition
(3)(
A)
may
be
replaced
by
Condition
(3)(
B).
*****

Rhodia
................................................
Houston,
Texas
..................
*****
(3)
Verification
Testing
Requirements:
Rhodia
must
perform
sample
collection
and
analyses,
including
quality
control
procedures,
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
process
to
be
effective
under
the
operating
conditions
used
during
the
initial
verification
testing,
Rhodia
may
replace
the
testing
required
in
Condition
(3)(
A)
with
the
testing
required
in
Condition
(3)(
B).
Rhodia
must
continue
to
test
as
specified
in
Condition
(3)(
A)
until
and
unless
notified
by
EPA
in
writing
that
testing
in
Condition
(3)(
A)
may
be
replaced
by
Condition
(3)(
B).
*****

Syntex
Agribusiness
...........................
Springfield,
MO
...................
*****

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FR\
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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
1.—
WASTES
EXCLUDED
FROM
NON­
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(2)
Four
grab
samples
of
wastewater
must
be
composited
from
the
volume
of
filtered
wastewater
collected
after
each
eight
hour
run
and,
prior
to
disposal
the
composite
samples
must
be
analyzed
for
the
EP
toxic
metals,
nickel,
and
cyanide.
If
arsenic,
chromium,
lead,
and
silver
EP
leachate
test
results
exceed
0.61
ppm;
barium
levels
exceed
12
ppm;
cadmium
and
selenium
levels
exceed
0.12
ppm;
mercury
levels
exceed
0.02
ppm;
nickel
levels
exceed
6.1
ppm;
or
cyanide
levels
exceed
2.4
ppm,
the
wastewater
must
be
retreated
to
achieve
these
levels
or
must
be
disposed
in
accordance
with
all
applicable
hazardous
waste
regulations
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
(3)
One
grab
sample
must
be
taken
from
each
drum
of
kiln
and
cyclone
ash
generated
during
each
eight
hour
run;
all
grabs
collected
during
a
given
eight
hour
run
must
then
be
composited
to
form
one
composite
sample.
A
composite
sample
of
four
grab
samples
of
the
separator
sludge
must
be
collected
at
the
end
of
each
eight
hour
run.
Prior
to
the
disposal
of
the
residues
from
each
eight
hour
run,
an
EP
leachate
test
must
be
performed
on
these
composite
samples
and
the
leachate
analyzed
for
the
EP
toxic
metals,
nickel,
and
cyanide
(using
a
distilled
water
extraction
for
the
cyanide
extraction)
to
demonstrate
that
the
following
maximum
allowable
treatment
residue
concentrations
listed
below
are
not
exceeded.
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Any
residues
which
exceed
any
of
the
levels
listed
below
must
be
retreated
to
achieve
these
levels
or
must
be
disposed
in
accordance
with
all
applicable
hazardous
waste
regulations.
Maximum
Allowable
Solids
Treatment
Residue
EP
Leachate
Concentrations
(mg/
L),
Arsenic—
1.6,
Barium—
32,
Cadmium—
0.32,
Chromium—
1.6,
Lead—
1.6,
Mercury—
0.065,
Nickel—
16,
Selenium—
0.32,
Silver—
1.6,
Cyanide—
6.5.
(4)
If
Syntex
stabilizes
any
of
the
kiln
and
cyclone
ash
or
separator
sludge,
a
Portland
cement­
type
stabilization
process
must
be
used
and
Syntex
must
collect
a
composite
sample
of
four
grab
samples
from
each
batch
of
stabilized
waste.
An
MEP
leachate
test
must
be
performed
on
these
composite
samples
and
the
leachate
analyzed
for
the
EP
toxic
metals,
nickel,
and
cyanide
(using
a
distilled
water
extraction
for
the
cyanide
leachate
analysis)
to
demonstrate
that
the
maximum
allowable
treatment
residue
concentrations
listed
in
Condition
(3)
are
not
exceeded
during
any
run
of
the
MEP
extraction.
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Any
residues
which
exceed
any
of
the
levels
listed
in
Condition
(3)
must
be
retreated
to
achieve
these
levels
or
must
be
disposed
in
accordance
with
all
applicable
hazardous
waste
regulations.
(If
the
residues
are
stabilized,
the
analyses
required
in
this
condition
supercede
the
analyses
required
in
Condition
(3).)

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/
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No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
1.—
WASTES
EXCLUDED
FROM
NON­
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(5)
Syntex
must
generate,
prior
to
disposal
of
residues,
verification
data
from
each
eight
hour
run
from
each
treatment
residue
(i.
e.,
kiln
and
cyclone
ash,
separator
sludge,
and
filtered
wastewater)
to
demonstrate
that
the
maximum
allowable
treatment
residue
concentrations
listed
below
are
not
exceeded.
Samples
must
be
collected
as
specified
in
Conditions
(2)
and
(3).
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Any
solid
or
liquid
residues
which
exceed
any
of
the
levels
listed
below
must
be
retreated
to
achieve
these
levels
or
must
be
disposed
in
accordance
with
Subtitle
C
of
RCRA.
Maximum
Allowable
Wastewater
Concentrations
(ppm):
Benz(
a)
anthracene—
1
x
10
¥
4
;
Benzo(
a)
pyrene—
4
x
10
¥
5
;
Benzo(
b)
fluoranthene—
2
x
10
¥
4
;
Chloroform—
0.07;
Chrysene—
0.002;
Dibenz(
a,
h)
anthracene—
9
x
10
¥
6
;
1,2­
Dichloroethane—
0.06;
Dichloromethane—
0.06;
Indeno(
1,2,3­
cd)
pyrene—
0.002;
Polychlorinated
biphenyls—
1
x
10
¥
4
;
1,2,4,5­
Tetrachlorobenzene—
0.13;
2,3,4,6­
Tetrachlorophenol—
12;
Toluene—
120;
Trichloroethylene—
0.04;
2,4,5­
Trichlorophenol—
49;
2,4,6­
Trichlorophenol—
0.02;
Maximum
Allowable
Solid
Treatment
Residue
Concentrations
(ppm):
Benz(
a)
anthracene—
1.1;
Benzo(
a)
pyrene—
0.43;
Benzo(
b)
fluoranthene—
1.8;
Chloroform—
5.4;
Chrysene—
170;
Dibenz(
a,
h)
anthracene—
0.083;
Dichloromethane—
2.4;
1,2­
Dichloroethane—
4.1;
Indeno(
1,2,3­
cd)
pyrene—
330;
Polychlorinated
biphenyls—
0.31;
1,2,4,5­
Tetrachlorobenzene—
720;
Trichloroethylene
6.6;
2,4,6­
Trichlorophenol—
3.9.
(6)
Syntex
must
generate,
prior
to
disposal
of
residues,
verification
data
from
each
eight
hour
run
for
each
treatment
residue
(i.
e.,
kiln
and
cyclone
ash,
separator
sludge,
and
filtered
wastewater)
to
demonstrate
that
the
residues
do
not
contain
tetra­,
penta­,
or
hexachlorodibenzo­
pdioxins
or
furans
at
levels
of
regulatory
concern.
Samples
must
be
collected
as
specified
in
Conditions
(2)
and
(3).
The
TCDD
equivalent
levels
for
wastewaters
must
be
less
than
2
ppq
and
less
than
5
ppt
for
the
solid
treatment
residues.
Any
residues
with
detected
dioxins
or
furans
in
excess
of
these
levels
must
be
retreated
or
must
be
disposed
as
acutely
hazardous.
For
this
analysis,
Syntex
must
use
appropriate
methods,
such
as
SW–
846
Method
8290,
a
high
resolution
gas
chromatography
and
high
resolution
mass
spectroscopy
(HRGC/
HRMS)
analytical
method
or
use
appropriate
methods
found
in
other
reliable
sources.
For
tetra­
and
pentachloronated
dioxin
and
furan
homologs,
the
maximum
practical
quantitation
limit
must
not
exceed
15
ppt
for
solids
and
120
ppq
for
wastewaters.
For
hexachlorinated
homologs,
the
maximum
practical
quantitation
limit
must
not
exceed
37
ppt
for
solids
and
300
ppq
for
wastewaters.
*****

Texas
Eastman
..................................
Longview,
Texas
................
*****
3.
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
incineration
process
to
be
effective
under
the
operating
conditions
used
during
the
initial
verification
testing
described
in
Paragraph
4
below,
Texas
Eastman
may
replace
the
testing
required
in
Paragraph
4
with
the
testing
required
in
Paragraph
5
below.
Texas
Eastman
must,
however,
continue
to
test
as
specified
in
Paragraph
4
until
notified
by
EPA
in
writing
that
testing
in
Paragraph
4
may
be
replaced
by
the
testing
described
in
Paragraph
5.
*****

Tyco
Printed
Circuit
Group,
Melbourne
Division.
Melbourne,
Florida
.............
*****

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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
1.—
WASTES
EXCLUDED
FROM
NON­
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(1)
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Methods
must
meet
Performance
Based
Measurement
System
Criteria
in
which
the
Data
Quality
Objectives
are
to
demonstrate
that
representative
samples
of
the
Tyco
Sludge
meet
the
delisting
levels
in
Condition
(3).
*****

17.
Appendix
IX
to
part
261
is
amended
in
Table
2:
a.
In
the
entry
for
``
Bethlehem
Steel
Corp.,
Steelton,
PA,
''
under
the
``
Waste
description''
column
by
revising
paragraphs
(1)
and
(2);
b.
In
the
entry
for
``
Bethlehem
Steel
Corp.,
Johnston,
PA,
''
under
the
``
Waste
description''
column
by
revising
paragraphs
(1)
and
(2);
c.
In
the
entry
for
``
BF
Goodrich
Intermediates
Company,
Inc.,
Calvert
City,
Kentucky,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
paragraph
and
by
revising
paragraphs
(1)(
B)
and
(3);
d.
In
the
entry
for
``
CF&
I
Steel
Corporation,
Pueblo,
Colorado,
''
under
the
``
Waste
description''
column
by
revising
paragraphs
(1)
and
(2);
e.
In
the
entry
for
``
Chaparral
Steel
Midlothian
L.
P.,
Midlothian,
Texas,
''
under
the
``
Waste
description''
column
by
revising
paragraph
(1)
and
the
introductory
text
of
paragraph
(3);
f.
In
the
entry
for
``
Conversion
Systems,
Inc.,
Horsham,
Pennsylvania,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
text
of
paragraph
(1);
g.
In
the
entry
for
``
DOE–
RL,
Richland,
Washington,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
text
of
paragraph
(1)
and
by
revising
paragraph
(3);
h.
In
the
entry
for
``
Envirite
of
Pennsylvania
(formerly
Envirite
Corporation),
York,
Pennsylvania,
under
the
``
Waste
description''
column,
by
revising
paragraph
(2);
i.
In
the
entry
for
``
Heritage
Environmental
Services,
LLC,
at
the
Nucor
Steel
Facility,
Crawfordsville,
Indiana,
''
under
the
``
Waste
Description''
column
by
revising
paragraph
(2);
j.
In
the
entry
for
``
Marathon
Oil
Co.,
Texas
City,
Texas,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
text
of
paragraph
(1);
k.
In
the
entry
for
``
Occidental
Chemical
Corp,
Muscle
Shoals
Plant,
Sheffield,
Alabama,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
paragraph
and
by
revising
paragraphs
(1)(
A)
and
(3);
l.
In
the
entry
for
``
Occidental
Chemical
Corporation,
Delaware
City,
Delaware,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
paragraph
and
by
revising
paragraph
(1)(
A),
the
introductory
text
of
paragraph
(2)
and
by
revising
paragraph
(3);
m.
In
the
entry
for
``
Oxy
Vinyls,
Deer
Park,
Texas,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
text
of
paragraph
(3);
n.
In
the
entry
for
``
Roanoke
Electric
Steel
Corp.,
Roanoke,
Virginia,
''
under
the
``
Waste
description''
column
by
revising
paragraphs
(1)(
A),
(1)(
B),
and
(2);
o.
In
the
entry
for
``
USX
Steel
Corporation,
USS
Division,
Southworks
Plant,
Gary
Works,
Chicago,
Illinois,
''
under
the
``
Waste
description''
column
by
revising
the
introductory
text
of
paragraph
(1)
and
by
revising
paragraphs
(1)(
A)
and
(2).
The
revisions
read
as
follows:

Appendix
IX—
Wastes
Excluded
Under
§§
260.20
and
260.22
*
*
*
*
*

TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES
Facility
Address
Waste
description
Bethlehem
Steel
Corp
........................
Steelton,
PA
.......................
*****
(1)
Testing:
(A)
Initial
Testing:
During
the
first
four
weeks
of
operation
of
the
full­
scale
treatment
system,
Bethlehem
must
collect
representative
grab
samples
of
each
treated
batch
of
the
CSEAFD
and
composite
the
grab
samples
daily.
The
daily
composites,
prior
to
disposal,
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals,
nickel
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Bethlehem
must
report
the
analytical
test
data
obtained
during
this
initial
period
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.

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66285
Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(B)
Subsequent
Testing:
Bethlehem
must
collect
representative
grab
samples
from
every
treated
batch
of
CSEAFD
generated
daily
and
composite
all
of
the
grab
samples
to
produce
a
weekly
composite
sample.
Bethlehem
then
must
analyze
each
weekly
composite
sample
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals
and
nickel.
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
The
analytical
data,
including
all
quality
control
information,
must
be
compiled
and
maintained
on
site
for
a
minimum
of
three
years.
These
data
must
be
furnished
upon
request
and
made
available
for
inspection
by
any
employee
or
representative
of
EPA
or
the
State
of
Pennsylvania.
(2)
Delisting
Levels:
If
the
EP
extract
concentrations
resulting
from
the
testing
in
condition
(1)(
A)
or
(1)(
B)
for
chromium,
lead,
arsenic,
or
silver
exceed
0.315
mg/
L;
for
barium
exceeds
6.3
mg/
l;
for
cadmium
or
selenium
exceed
0.063
mg/
l;
for
mercury
exceeds
0.0126
mg/
l;
for
nickel
exceeds
3.15
mg/
l;
or
for
cyanide
exceeds
4.42
mg/
L;
the
waste
must
either
be
re­
treated
or
managed
and
disposed
in
accordance
with
subtitle
C
of
RCRA.
*****

Bethlehem
Steel
Corp
........................
Johnstown,
PA
...................
*****
(1)
Testing:
(A)
Initial
Testing:
During
the
first
four
weeks
of
operation
of
the
full­
scale
treatment
system,
Bethlehem
must
collect
representative
grab
samples
of
each
treated
batch
of
the
CSEAFD
and
composite
the
grab
samples
daily.
The
daily
composites,
prior
to
disposal,
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals,
nickel,
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Bethlehem
must
report
the
analytical
test
data
obtained
during
this
initial
period
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.
(B)
Subsequent
Testing:
Bethlehem
must
collect
representative
grab
samples
from
every
treated
batch
of
CSEAFD
generated
daily
and
composite
all
of
the
grab
samples
to
produce
a
weekly
composite
sample.
Bethlehem
then
must
analyze
each
weekly
composite
sample
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals
and
nickel.
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
The
analytical
data,
including
all
quality
control
information,
must
be
compiled
and
maintained
on
site
for
a
minimum
of
three
years.
These
data
must
be
furnished
upon
request
and
made
available
for
inspection
by
any
employee
or
representative
of
EPA
or
the
State
of
Pennsylvania.
(2)
If
the
EP
extract
concentrations
resulting
from
the
testing
in
condition
(1)(
A)
or
(1)(
B)
for
chromium,
lead,
arsenic,
or
silver
exceed
0.315
mg/
l;
for
barium
exceed
6.3
mg/
l;
for
cadmium
or
selenium
exceed
0.063
mg/
l;
for
mercury
exceed
0.0126
mg/
l,
for
nickel
exceed
3.15
mg/
l;
or
for
cyanide
exceed
4.42
mg/
l;
the
waste
must
either
be
retreated
until
it
meets
these
levels
or
managed
and
disposed
in
accordance
with
subtitle
C
of
RCRA.
*****

BF
Goodrich
Intermediates
Company,
Inc.
Calvert
City,
Kentucky
........
*****

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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
Brine
purification
muds
and
saturator
insolubles
(EPA,
Hazardous
Waste
No.
K071)
after
August
18,
1989.
This
exclusion
is
conditional
upon
the
collection
and
submission
of
data
obtained
from
BFG's
full­
scale
treatment
system
because
BFG's
original
data
was
based
on
data
presented
by
another
petitioner
using
an
identical
treatment
process.
To
ensure
that
hazardous
constituents
are
not
present
in
the
waste
at
levels
of
regulatory
concern
once
the
full­
scale
treatment
facility
is
in
operation,
BFG
must
implement
a
testing
program.
All
sampling
and
analyses
including
quality
control
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
This
testing
program
must
meet
the
following
conditions
for
the
exclusion
to
be
valid:
(1)
*
*
*
(B)
Collect
representative
grab
samples
from
every
batch
of
treated
mercury
brine
purification
muds
and
treated
saturator
insolubles
on
a
daily
basis
and
composite
the
grab
samples
to
produce
two
separate
weekly
composite
samples
(one
of
the
treated
mercury
brine
muds
and
one
of
the
treated
saturator
insolubles).
Prior
to
disposal
of
the
treated
batches,
two
weekly
composite
samples
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals
(except
mercury),
nickel,
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
BFG
must
report
the
analytical
test
data,
including
all
quality
control
data,
obtained
during
this
initial
period
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.
(2)
*
*
*
(3)
If,
under
condition
(1)
or
(2),
the
EP
leachate
concentrations
for
chromium
lead,
arsenic,
or
silver
exceed
0.316
mg/
l;
for
barium
exceeds
6.31
mg/
l;
for
cadmium
or
selenium
exceed
0.063
mg/
l;
for
mercury
exceeds
0.0126
mg/
l,
for
nickel
exceeds
3.16
mg/
l;
or
for
cyanide
exceeds
4.42
mg/
l;
the
waste
must
either
be
retreated
until
it
meets
these
levels
or
managed
and
disposed
of
in
accordance
with
subtitle
C
of
RCRA.
*****

CF&
I
Steel
Corporation
......................
Pueblo,
Colorado
................
*****
(1)
Testing:
(A)
Initial
Testing:
During
the
first
four
weeks
of
operation
of
the
full­
scale
treatment
system,
CF&
I
must
collect
representative
grab
samples
of
each
treated
batch
of
the
CSEAFD
and
composite
the
grab
samples
daily.
The
daily
composites,
prior
to
disposal,
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals,
nickel,
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
CF&
I
must
report
the
analytical
test
data
obtained
during
this
initial
period
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.
(B)
Subsequent
Testing:
CF&
I
must
collect
representative
grab
samples
from
every
treated
batch
of
CSEAFD
generated
daily
and
composite
all
of
the
grab
samples
to
produce
a
weekly
composite
sample.
CF&
I
then
must
analyze
each
weekly
composite
sample
for
the
EP
leachate
concentrations
of
all
of
the
EP
toxic
metals
and
nickel.
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
The
analytical
data,
including
all
quality
control
information,
must
be
compiled
and
maintained
on
site
for
a
minimum
of
three
years.
These
data
must
be
furnished
upon
request
and
made
available
for
inspection
by
any
employee
or
representative
of
EPA
or
the
State
of
Colorado.
(2)
Delisting
levels:
If
the
EP
extract
concentrations
determined
in
conditions
(1)(
A)
or
(1)(
B)
for
chromium,
lead,
arsenic,
or
silver
exceed
0.315
mg/
l;
for
barium
exceeds
6.3
mg/
l;
for
cadmium
or
selenium
exceed
0.063
mg/
l;
for
mercury
exceeds
0.0126
mg/
l;
for
nickel
exceeds
3.15
mg/
l;
or
for
cyanide
exceeds
4.42
mg/
l;
the
waste
must
either
be
retreated
or
managed
and
disposed
in
accordance
with
Subtitle
C
of
RCRA.
*****

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Federal
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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
Chaparral
Steel
Midlothian,
L.
P
.........
Midlothian,
Texas
...............
*****
(1)
Delisting
Levels:
All
concentrations
for
the
constituent
total
lead
in
the
approximately
2,500
cubic
yards
(500,000
gallons)
per
calender
year
of
raw
leachate
from
Landfill
No.
3,
storm
water
from
the
baghouse
area,
and
other
K061
wastewaters
that
is
transferred
from
the
storage
tank
to
nonhazardous
management
must
not
exceed
0.69
mg/
l
(ppm).
Constituents
must
be
measured
in
the
waste
by
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
(3)
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Chaparral
Steel
must
analyze
one
composite
sample
from
each
batch
of
untreated
wastewater
transferred
from
the
hazardous
waste
storage
tank
to
non­
hazardous
waste
management.
Each
composited
batch
sample
must
be
analyzed,
prior
to
non­
hazardous
management
of
the
waste
in
the
batch
represented
by
that
sample
for
the
constituent
lead
as
listed
in
Condition
(1).
Chaparral
may
treat
the
waste
as
specified
in
Condition
(2).
If
EPA
judges
the
treatment
process
to
be
effective
during
the
operating
conditions
used
during
the
initial
verification
testing,
Chaparral
Steel
may
replace
the
testing
requirement
in
Condition
(3)(
A)
with
the
testing
requirement
in
Condition
(3)(
B).
Chaparral
must
continue
to
test
as
specified
in
(3)(
A)
until
and
unless
notified
by
EPA
or
designated
authority
that
testing
in
Condition
(3)(
A)
may
be
replaced
with
by
Condition
(3)(
B).
*****

Conversion
Systems,
Inc
...................
Horsham,
Pennsylvania
.....
*****
(1)
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
*****

DOE–
RL
.............................................
Richland,
Washington
........
*****
(1)
Testing:
Sample
collection
and
analyses
(including
quality
control
(QC)
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
treatment
process
to
be
effective
under
the
operating
conditions
used
during
the
initial
verification
testing,
DOE
may
replace
the
testing
required
in
Condition
(1)(
A)
with
the
testing
required
in
Condition
(1)(
B).
DOE
must
continue
to
test
as
specified
in
Condition
(1)(
A)
until
notified
by
EPA
in
writing
that
testing
in
Condition
(1)
(A)
may
be
replaced
by
Condition
(1)(
B).
*****
(2)
*
*
*
(3)
Delisting
Levels:
All
total
constituent
concentrations
in
the
waste
samples
must
be
measured
using
appropriate
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste:
Physical/
Chemical
Methods
''
U.
S.
EPA
Publication
SW–
846,
or
other
reliable
sources
(with
the
exception
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
All
total
constituent
concentrations
must
be
equal
to
or
less
than
the
following
levels
(ppm):
Inorganic
Constituents:
Ammonium—
10.0;
Antimony—
0.06;
Arsenic—
0.5;
Barium—
20.0;
Beryllium—
0.04;
Cadmium—
0.05;
Chromium—
1.0;
Cyanide
2.0;
Fluoride—
40.0;
Lead—
0.15;
Mercury—
0.02;
Nickel—
1.0;
Selenium
0.5;
Silver—
2.0;
Vanadium—
2.0;
Zinc—
100.0.

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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
Organic
Constituents:
Acetone—
40.0;
Benzene—
0.05;
Benzyl
alcohol—
100.0;
1­
Butyl
alcohol—
40.0;
Carbon
tetrachloride—
0.05;
Chlorobenzene
1.0;
Chloroform—
0.1;
Cresol—
20.0;
1,4­
Dichlorobenzene—
0.75;
1,2­
Dichloroethane—
0.05;
1,1­
Dichloroethylene—
0.07;
Di­
n­
octyl
phthalate—
7.0;
Hexachloroethane—
0.06;
Methyl
ethyl
ketone—
200.0;
Methyl
isobutyl
ketone—
30.0;
Naphthalene—
10.0;
Tetrachloroethylene—
0.05;
Toluene—
10.0;
Tributyl
phosphate—
0.2;
1,1,1­
Trichloroethane—
2.0;
1,1,2­
Trichloroethane—
0.05;
Trichloroethylene
0.05;
Vinyl
Chloride—
0.02.
*****

Envirite
of
Pennsylvania
(formerly
Envirite
Corporation).
York,
Pennsylvania
.............
*****

(2)
Each
batch
of
treatment
residue
must
be
tested
for
leachable
cyanide.
If
the
leachable
cyanide
levels
(using
the
EP
Toxicity
test
without
acetic
acid
adjustment)
exceed
1.26
ppm,
the
waste
must
be
re­
treated
or
managed
and
disposed
as
a
hazardous
waste
under
40
CFR
Parts
262
to
265
and
the
permitting
standards
of
40
CFR
Part
270.
*****

Heritage
Environmental
Services,
LLC,
at
the
Nucor
Steel
facility.
Crawfordsville,
Indiana
.......
*****

(2)
Verification
Testing:
On
a
monthly
basis,
Heritage
or
Nucor
must
analyze
two
samples
of
the
waste
using
the
TCLP,
SW–
846
Method
1311,
with
an
extraction
fluid
of
ph
12
±
0.05
standard
units
and
for
the
mercury
determinative
analysis
of
the
leachate
using
an
appropriate
method
such
as
Method
7470
found
in
EPA
Publication
SW–
846,
or
use
an
appropriate
method
found
in
other
reliable
sources.
The
constituent
concentrations
measured
must
be
less
then
the
delisting
levels
established
in
Paragraph
(1).
*****

Marathon
Oil
Co
.................................
Texas
City,
TX
....................
*****
(1)
Testing:
Sample
collection
and
analyses
(including
quality
control
(QC)
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
treatment
process
to
be
effective
under
the
operating
conditions
used
during
the
initial
verification
testing,
Marathon
may
replace
the
testing
required
in
Condition
(1)(
A)
with
the
testing
required
in
Condition
(1)(
B).
Marathon
must
continue
to
test
as
specified
in
Condition
(1)(
A),
including
testing
for
organics
in
Conditions
(3)(
B)
and
(3)(
C),
until
and
unless
notified
by
EPA
in
writing
that
testing
in
Condition
(1)(
A)
may
be
replaced
by
Condition
(1)(
B),
or
that
testing
for
organics
may
be
terminated
as
described
in
(1)(
C)
(to
the
extent
directed
by
EPA).
*****

Occidental
Chemical
Corp.,
Muscle
Shoals
Plant.
Sheffield,
Alabama
.............
*****

Retorted
wastewater
treatment
sludge
from
the
mercury
cell
process
in
chlorine
production
(EPA
Hazardous
Waste
No.
K106)
after
September
19,
1989.
This
exclusion
is
conditional
upon
the
submission
of
data
obtained
from
Occidental's
full­
scale
retort
treatment
system
because
Occidental's
original
data
were
based
on
a
pilot­
scale
retort
system.
To
ensure
that
hazardous
constituents
are
not
present
in
the
waste
at
levels
of
regulatory
concern
once
the
full­
scale
treatment
facility
is
in
operation
Occidental
must
implement
a
testing
program.
All
sampling
and
analyses
(including
quality
control
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
This
testing
program
must
meet
the
following
conditions
for
the
exclusion
to
be
valid:
(1)
*
*
*

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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(A)
Collect
representative
grab
samples
from
every
batch
of
retorted
material
and
composite
the
grab
samples
to
produce
a
weekly
composite
sample.
The
weekly
composite
samples,
prior
to
disposal
or
recycling,
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals
(except
mercury),
nickel,
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
Occidental
must
report
the
analytical
test
data,
including
all
quality
control
data,
obtained
during
this
initial
period
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.
***
(2)
*
*
*
(3)
If,
under
condition
(1)
or
(2),
the
EP
leachate
concentrations
for
chromium
lead,
arsenic,
or
silver
exceed
1.616
mg/
l;
for
barium
exceeds
32.3
mg/
l;
for
cadmium
or
selenium
exceed
0.323
mg/
l;
for
mercury
exceeds
0.065
mg/
l,
for
nickel
exceeds
16.15
mg/
l;
or
for
cyanide
exceeds
22.61
mg/
l;
the
waste
must
either
be
retreated
until
it
meets
these
levels
or
managed
and
disposed
of
in
accordance
with
subtitle
C
of
RCRA.
*****

Occidental
Chemical
Corporation
......
Delaware
City,
Delaware
....
*****
Sodium
chloride
treatment
muds
(NaCl–
TM),
sodium
chloride
saturator
cleanings
(NaCl–
SC),
and
potassium
chloride
treatment
muds
(KCl–
TM)
(all
classified
as
EPA
Hazardous
Waste
No.
K071)
generated
at
a
maximum
combined
rate
(for
all
three
wastes)
of
1,018
tons
per
year.
This
exclusion
was
published
on
April
29,
1991
and
is
conditioned
upon
the
collection
of
data
from
Occidental's
full­
scale
brine
treatment
system
because
Occidental's
request
for
exclusion
was
based
on
data
from
a
laboratory
scale
brine
treatment
process.
To
ensure
that
hazardous
constituents
are
not
present
in
the
waste
at
levels
of
regulatory
concern
once
the
full­
scale
treatment
system
is
in
operation,
Occidental
must
implement
a
testing
program
for
the
petitioned
waste.
All
sampling
and
analyses
(including
quality
control
(QC)
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
This
testing
program
must
meet
the
following
conditions
for
the
exclusion
to
be
valid:
(1)
*
*
*
(A)
Collect
representative
grab
samples
from
each
batch
of
the
three
treated
wastestreams
(sodium
chloride
saturator
cleanings
(NaCl–
SC),
sodium
chloride
treatment
muds
(NaCl–
TM)
and
potassium
chloride
treatment
muds
(KCl–
TM))
on
an
as
generated
basis
and
composite
the
samples
to
produce
three
separate
weekly
composite
samples
(of
each
type
of
K071
waste).
The
three
weekly
composite
samples,
prior
to
disposal
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals
(except
mercury),
nickel,
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
Occidental
must
report
the
waste
volumes
produced
and
the
analytical
test
data,
including
all
quality
control
data,
obtained
during
this
initial
period,
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.
***
(2)
Subsequent
Testing:
After
the
first
four
weeks
of
full­
scale
treatment
operations,
Occidental
must
do
the
following;
all
sampling
and
analyses
(including
quality
control
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution):
***
(3)
If,
under
conditions
(1)
or
(2),
the
EP
leachate
concentrations
for
chromium
lead,
arsenic,
or
silver
exceed
0.77
mg/
l;
for
barium
exceeds
15.5
mg/
l;
for
cadmium
or
selenium
exceed
0.16
mg/
l;
for
mercury
exceeds
0.031
mg/
l,
or
for
nickel
or
total
cyanide
exceeds
10.9
mg/
l;
the
waste
must
either
be
retreated
or
managed
and
disposed
of
in
accordance
with
all
applicable
hazardous
waste
regulations.
*****

Oxy
Vinyls
..........................................
Deer
Park,
Texas
...............
*****

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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(3)
Verification
Testing
Requirements:
Sample
collection
and
analyses,
including
quality
control
procedures,
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
If
EPA
judges
the
incineration
process
to
be
effective
under
the
operating
conditions
used
during
the
initial
verification
testing,
Oxy
Vinyls
may
replace
the
testing
required
in
Condition
(3)(
A)
with
the
testing
required
in
Condition
(3)(
B).
Oxy
Vinyls
must
continue
to
test
as
specified
in
Condition
(3)(
A)
until
and
unless
notified
by
EPA
in
writing
that
testing
in
Condition
(3)(
A)
may
be
replaced
by
Condition
(3)(
B).
*****

Roanoke
Electric
Steel
Corp
..............
Roanoke,
VA
......................
*****
(1)
*
*
*
(A)
Initial
Testing:
During
the
first
four
weeks
of
operation
of
the
full­
scale
treatment
system,
Roanoke
must
collect
representative
grab
samples
of
each
treated
batch
of
the
CSEAFD
and
composite
the
grab
samples
daily.
The
daily
composites,
prior
to
disposal,
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals,
nickel
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
Roanoke
must
report
the
analytical
test
data
obtained
during
this
initial
period
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.
(B)
Subsequent
Testing:
Roanoke
must
collect
representative
grab
samples
from
every
treated
batch
of
CSEAFD
generated
daily
and
composite
all
of
the
grab
samples
to
produce
a
weekly
composite
sample.
Roanoke
then
must
analyze
each
weekly
composite
sample
for
all
of
the
EP
toxic
metals
and
nickel.
Analyses
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
The
analytical
data,
including
all
quality
control
information,
must
be
compiled
and
maintained
on
site
for
a
minimum
of
three
years.
These
data
must
be
furnished
upon
request
and
made
available
for
inspection
by
any
employee
or
representative
of
EPA
or
the
State
of
Virginia.
(2)
Delisting
levels:
If
the
EP
extract
concentrations
for
chromium,
lead,
arsenic,
or
silver
exceed
0.315
mg/
l;
for
barium
exceeds
6.3
mg/
l;
for
cadmium
or
selenium
exceed
0.63
mg/
l;
for
mercury
exceeds
0.0126
mg/
l,
for
nickel
exceeds
3.15
mg/
l,
or
for
cyanide
exceeds
1.26
mg/
l;
the
waste
must
either
be
re­
treated
or
managed
and
disposed
in
accordance
with
subtitle
C
of
RCRA.
*****

USX
Steel
Corporation,
USS
Division,
Southworks
Plant,
Gary
Works.
Chicago,
Illinois
..................
*****

(1)
Testing:
Sample
collection
and
analyses
(including
quality
control
(QC)
procedures)
must
be
performed
according
to
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
(with
the
exception
of
analyses
requiring
the
use
of
SW–
846
methods
incorporated
by
reference
in
40
CFR
260.11,
which
must
be
used
without
substitution).
(A)
Initial
Testing:
During
the
first
four
weeks
of
operation
of
the
full­
scale
treatment
system,
USX
must
collect
representative
grab
samples
of
each
treated
batch
of
the
CSEAFD
and
composite
the
grab
samples
daily.
The
daily
composites,
prior
to
disposal,
must
be
analyzed
for
the
EP
leachate
concentrations
of
all
the
EP
toxic
metals,
nickel,
and
cyanide
(using
distilled
water
in
the
cyanide
extractions).
USX
must
report
the
analytical
test
data,
including
quality
control
information,
obtained
during
this
initial
period
no
later
than
90
days
after
the
treatment
of
the
first
full­
scale
batch.
***

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FR\
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Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
TABLE
2.—
WASTES
EXCLUDED
FROM
SPECIFIC
SOURCES—
Continued
Facility
Address
Waste
description
(2)
Delisting
levels:
If
the
EP
extract
concentrations
for
chromium,
lead,
arsenic,
or
silver
exceed
0.315
mg/
l;
for
barium
exceeds
6.3
mg/
l;
for
cadmium
or
selenium
exceed
0.063
mg/
l;
for
mercury
exceeds
0.0126
mg/
l;
for
nickel
exceeds
3.15
mg/
l;
or
for
cyanide
exceeds
4.42
mg/
l,
the
waste
must
either
be
re­
treated
until
it
meets
these
levels
or
managed
and
disposed
in
accordance
with
subtitle
C
of
RCRA.

*
*
*
*
*

PART
264—
STANDARDS
FOR
OWNERS
AND
OPERATORS
OF
HAZARDOUS
WASTE
TREATMENT,
STORAGE,
AND
DISPOSAL
FACILITIES
20.
The
authority
citation
for
part
264
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912(
a),
6924,
and
6925.

Subpart
AA—
Air
Emissions
Standards
for
Process
Vents
21.
Section
264.1034
is
amended
by
revising
paragraphs
(c)(
1)(
ii),
(c)(
1)(
iv),
(d)(
1)(
iii)
and
(f)
to
read
as
follows:

§
264.1034
Test
methods
and
procedures.

*
*
*
*
*
(c)
*
*
*
(1)
*
*
*
(ii)
Method
18
or
Method
25A
in
40
CFR
part
60,
appendix
A,
for
organic
content.
If
Method
25A
is
used,
the
organic
HAP
used
as
the
calibration
gas
must
be
the
single
organic
HAP
representing
the
largest
percent
by
volume
of
the
emissions.
The
use
of
Method
25A
is
acceptable
if
the
response
from
the
high­
level
calibration
gas
is
at
least
20
times
the
standard
deviation
of
the
response
from
the
zero
calibration
gas
when
the
instrument
is
zeroed
on
the
most
sensitive
scale.
*
*
*
*
*
(iv)
Total
organic
mass
flow
rates
shall
be
determined
by
the
following
equation:
(A)
For
sources
utilizing
Method
18.

E
Q
CMW
h
n
=
 
 
 
 
 
[
]
[
]
i=
 
 
2sdii
1
6
10
0.0416

Where:
Eh
=
Total
organic
mass
flow
rate,
kg/
h;
Q2sd
=
Volumetric
flow
rate
of
gases
entering
or
exiting
control
device,
as
determined
by
Method
2,
dscm/
h;
n
=
Number
of
organic
compounds
in
the
vent
gas;
Ci
=
Organic
concentration
in
ppm,
dry
basis,
of
compound
i
in
the
vent
gas,
as
determined
by
Method
18;
MWi
=
Molecular
weight
of
organic
compound
i
in
the
vent
gas,
kg/
kg
mol;
0.0416
=
Conversion
factor
for
molar
volume,
kg­
mol/
m3
(@
293
K
and
760
mm
Hg);
10
¥
6
=
Conversion
from
ppm
(B)
For
sources
utilizing
Method
25A.
Eh
=
(Q)(
C)(
MW)(
0.0416)(
10
¥
6
)
Where:
Eh
=
Total
organic
mass
flow
rate,
kg/
h;
Q
=
Volumetric
flow
rate
of
gases
entering
or
exiting
control
device,
as
determined
by
Method
2,
dscm/
h;
C
=
Organic
concentration
in
ppm,
dry
basis,
as
determined
by
Method
25A;
MW
=
Molecular
weight
of
propane,
44;
0.0416
=
Conversion
factor
for
molar
volume,
kg­
mol/
m3
(@
293
K
and
760
mm
Hg);
10
¥
6
=
Conversion
from
ppm.
*
*
*
*
*
(d)
*
*
*
(1)
*
*
*
(iii)
Each
sample
shall
be
analyzed
and
the
total
organic
concentration
of
the
sample
shall
be
computed
using
Method
9060
(incorporated
by
reference
under
§
260.11)
of
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846;
or
analyzed
for
individual
organic
constituents
by
using
appropriate
methods
such
as
Method
8260
of
EPA
Publication
SW–
846,
or
using
appropriate
methods
from
other
reliable
sources.
*
*
*
*
*
(f)
When
an
owner
or
operator
and
the
Regional
Administrator
do
not
agree
on
whether
a
distillation,
fractionation,
thin­
film
evaporation,
solvent
extraction,
or
air
or
steam
stripping
operation
manages
a
hazardous
waste
with
organic
concentrations
of
at
least
10
ppmw
based
on
knowledge
of
the
waste,
the
dispute
may
be
resolved
by
using
appropriate
methods
such
as
Method
8260
of
``
Test
Methods
for
Evaluating
Solid
Waste''
(EPA
Publication
SW–
846)
or
by
using
appropriate
methods
from
other
reliable
sources.

Subpart
BB—
Air
Emission
Standards
for
Equipment
Leaks
22.
Section
264.1063
is
amended
by
revising
paragraph
(d)(
2)
to
read
as
follows:

§
264.1063
Test
methods
and
procedures.

*
*
*
*
*
(d)
*
*
*
(2)
Method
9060
(incorporated
by
reference
under
§
260.11)
of
``
Test
Methods
for
Evaluating
Solid
Waste,
''
EPA
Publication
SW–
846,
or
analyzed
for
its
individual
organic
constituents
by
using
appropriate
methods
such
as
Method
8260
of
EPA
Publication
SW–
846
or
using
appropriate
methods
from
other
reliable
sources;
or
*
*
*
*
*
23.
Appendix
IX
to
part
264
is
revised
as
follows:

Appendix
IX
to
Part
264—
Ground
Water
Monitoring
List
GROUND­
WATER
MONITORING
LIST
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
Acenaphthene
.............................................................................
83–
32–
9
.........
Acenaphthylene,
1,2­
dihydro­
Acenaphthylene
..........................................................................
208–
96–
8
.......
Acenaphthylene
Acetone
.......................................................................................
67–
64–
1
.........
2­
Propanone
Acetophenone
.............................................................................
98–
86–
2
.........
Ethanone,
1­
phenyl­
Acetonitrile;
Methyl
cyanide
........................................................
75–
05–
8
.........
Acetonitrile
2­
Acetylaminofluorene;
2­
AAF
....................................................
53–
96–
3
.........
Acetamide,
N­
9H­
fluoren­
2­
yl­
Acrolein
.......................................................................................
107–
02–
8
.......
2­
Propenal
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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
GROUND­
WATER
MONITORING
LIST—
Continued
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
Acrylonitrile
.................................................................................
107–
13–
1
.......
2­
Propenenitrile
Aldrin
...........................................................................................
309–
00–
2
.......
1,4:
5,8­
Dimethanonaphthalene,
1,2,3,4,10,10­
hexachloro­
1,4,4a,
5,8,8a­
hexahydro­
(1    
,4    
,
4a   
,5    
,8    
,8a   
)­
Allyl
chloride
................................................................................
107–
05–
1
.......
1­
Propene,
3­
chloro­
4­
Aminobiphenyl
.........................................................................
92–
67–
1
.........
[1,1
­Biphenyl]­
4­
amine
Aniline
.........................................................................................
62–
53–
3
.........
Benzenamine
Anthracene
..................................................................................
120–
12–
7
.......
Anthracene
Antimony
.....................................................................................
(Total)
............
Antimony
Aramite
........................................................................................
140–
57–
8
.......
Sulfurous
acid,
2­
chloroethyl
2­[
4­(
1,1­
dimethylethyl)
phenoxy]­
1­
methylethyl
ester
Arsenic
........................................................................................
(Total)
............
Arsenic
Barium
.........................................................................................
(Total)
............
Barium
Benzene
......................................................................................
71–
43–
2
.........
Benzene
Benzo[
a]
anthracene;
Benzanthracene
.......................................
56–
55–
3
.........
Benz[
a]
anthracene
Benzo[
b]
fluoranthene
..................................................................
205–
99–
2
.......
Benz[
e]
acephenanthrylene
Benzo[
k]
fluoranthene
..................................................................
207–
08–
9
.......
Benzo[
k]
fluoranthene
Benzo[
ghi]
perylene
.....................................................................
191–
24–
2
.......
Benzo[
ghi]
perylene
Benzo[
a]
pyrene
...........................................................................
50–
32–
8
.........
Benzo[
a]
pyrene
Benzyl
alcohol
.............................................................................
100–
51–
6
.......
Benzenemethanol
Beryllium
.....................................................................................
(Total)
............
Beryllium
alpha­
BHC
..................................................................................
319–
84–
6
.......
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2    
,3   
,4    
,5   
,6   
)­
beta­
BHC
....................................................................................
319–
85–
7
.......
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2   
,3    
,4   
,5    
,6   
)­
delta­
BHC
...................................................................................
319–
86–
8
.......
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2    
,3    
,4   
,5    
,6   
)­
gamma­
BHC;
Lindane
................................................................
58–
89–
9
.........
Cyclohexane,
1,2,3,4,5,6­
hexachloro­,(
1    
,2    
,3   
,4    
,5    
,6   
)­
Bis(
2­
chloroethoxy)
methane
.......................................................
111–
91–
1
.......
Ethane,
1,1
­[
methylenebis
(oxy)]
bis
[2­
chloro­
Bis(
2­
chloroethyl)
ether
................................................................
111–
44–
4
.......
Ethane,
1,1
­oxybis[
2­
chloro­
Bis(
2­
chloro­
1­
methylethyl)
ether;
2,2
­Dichlorodiisopropyl
ether
108–
60–
1
.......
Propane,
2,2
­oxybis[
1­
chloro­
Bis(
2­
ethylhexyl)
phthalate
.........................................................
117–
81–
7
.......
1,2­
Benzenedicarboxylic
acid,
bis(
2­
ethylhexyl)
ester
Bromodichloromethane
...............................................................
75–
27–
4
.........
Methane,
bromodichloro­
Bromoform;
Tribromomethane
....................................................
75–
25–
2
.........
Methane,
tribromo­
4­
Bromophenyl
phenyl
ether
......................................................
101–
55–
3
.......
Benzene,
1­
bromo­
4­
phenoxy­
Butyl
benzyl
phthalate;
Benzyl
butyl
phthalate
...........................
85–
68–
7
.........
1,2­
Benzenedicarboxylic
acid,
butyl
phenylmethyl
ester
Cadmium
.....................................................................................
(Total)
............
Cadmium
Carbon
disulfide
..........................................................................
75–
15–
0
.........
Carbon
disulfide
Carbon
tetrachloride
...................................................................
56–
23–
5
.........
Methane,
tetrachloro­
Chlordane
...................................................................................
57–
74–
9
.........
4,7­
Methano­
1H­
indene,
1,2,4,5,6,7,8,8­
octachloro­
2,3,3a,
4,7,7a­
hexahydro­
p­
Chloroaniline
............................................................................
106–
47–
8
.......
Benzenamine,
4­
chloro­
Chlorobenzene
............................................................................
108–
90–
7
.......
Benzene,
chloro­
Chlorobenzilate
...........................................................................
510–
15–
6
.......
Benzeneacetic
acid,
4­
chloro­
a
­(
4­
chlorophenyl)­
a
­hydroxy­,
ethyl
ester
p­
Chloro­
m­
cresol
.......................................................................
59–
50–
7
.........
Phenol,
4­
chloro­
3­
methyl­
Chloroethane;
Ethyl
chloride
......................................................
75–
00–
3
.........
Ethane,
chloro­
Chloroform
..................................................................................
67–
66–
3
.........
Methane,
trichloro­
2­
Chloronaphthalene
..................................................................
91–
58–
7
.........
Naphthalene,
2­
chloro­
2­
Chlorophenol
...........................................................................
95–
57–
8
.........
Phenol,
2­
chloro­
4­
Chlorophenyl
phenyl
ether
......................................................
7005–
72–
3
.....
Benzene,
1­
chloro­
4­
phenoxy­
Chloroprene
................................................................................
126–
99–
8
.......
1,3­
Butadiene,
2­
chloro­
Chromium
...................................................................................
(Total)
............
Chromium
Chrysene
.....................................................................................
218–
01–
9
.......
Chrysene
Cobalt
..........................................................................................
(Total)
............
Cobalt
Copper
........................................................................................
(Total)
............
Copper
m­
Cresol
.....................................................................................
108–
39–
4
.......
Phenol,
3­
methyl­
o­
Cresol
......................................................................................
95–
48–
7
.........
Phenol,
2­
methyl­
p­
Cresol
......................................................................................
106–
44–
5
.......
Phenol,
4­
methyl­
Cyanide
.......................................................................................
57–
12–
5
.........
Cyanide
2,4­
D;
2,4­
Dichlorophenoxyacetic
acid
.......................................
94–
75–
7
.........
Acetic
acid,
(2,4­
dichlorophenoxy)­
4,4
­DDD
.....................................................................................
72–
54–
8
.........
Benzene
1,1
­(
2,2­
dichloroethylidene)
bis[
4­
chloro­
4,4
­DDE
.....................................................................................
72–
55–
9
.........
Benzene,
1,1
­(
dichloroethenylidene)
bis[
4­
chloro­
4,4
­DDT
.....................................................................................
50–
29–
3
.........
Benzene,
1,1
­(
2,2,2­
trichloroethylidene)
bis[
4­
chloroDiallate
........................................................................................
2303–
16–
4
.....
Carbamothioic
acid,
bis(
1­
methylethyl)­,
S­
(2,3­
dichloro­
2­
propenyl)
ester
Dibenz[
a,
h]
anthracene
................................................................
53–
70–
3
.........
Dibenz[
a,
h]
anthracene
Dibenzofuran
...............................................................................
132–
64–
9
.......
Dibenzofuran
Dibromochloromethane;
Chlorodibromomethane
.......................
124–
48–
1
.......
Methane,
dibromochloro1,2
Dibromo­
3­
chloropropane;
DBCP
.........................................
96–
12–
8
.........
Propane,
1,2­
dibromo­
3­
chloro1,2
Dibromoethane;
Ethylene
dibromide
....................................
106–
93–
4
.......
Ethane,
1,2­
dibromoDi
n­
butyl
phthalate
.....................................................................
84–
74–
2
.........
1,2­
Benzenedicarboxylic
acid,
dibutyl
ester
o­
Dichlorobenzene
......................................................................
95–
50–
1
.........
Benzene,
1,2­
dichlorom
Dichlorobenzene
.....................................................................
541–
73–
1
.......
Benzene,
1,3­
dichlorop
Dichlorobenzene
......................................................................
106–
46–
7
.......
Benzene,
1,4­
dichloro3,3
­Dichlorobenzidine
................................................................
91–
94–
1
.........
[1,1
­Biphenyl]­
4,4
­diamine,
3,3
dichloroVerDate
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67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
GROUND­
WATER
MONITORING
LIST—
Continued
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
trans­
1,4­
Dichloro­
2­
butene
........................................................
110–
57–
6
.......
2­
Butene,
1,4­
dichloro­,
(E)
Dichlorodifluoromethane
.............................................................
75–
71–
8
.........
Methane,
dichlorodifluoro1,1
Dichloroethane
......................................................................
75–
34–
3
.........
Ethane,
1,1­
dichloro1,2
Dichloroethane;
Ethylene
dichloride
.....................................
107–
06–
2
.......
Ethane,
1,2­
dichloro1,1
Dichloroethylene;
Vinylidene
chloride
..................................
75–
35–
4
.........
Ethene,
1,1­
dichlorotrans
1,2­
Dichloroethylene
..........................................................
156–
60–
5
.......
Ethene,
1,2­
dichloro­,
(E)
2,4
Dichlorophenol
......................................................................
120–
83–
2
.......
Phenol,
2,4­
dichloro2,6
Dichlorophenol
......................................................................
87–
65–
0
.........
Phenol,
2,6­
dichloro1,2
Dichloropropane
...................................................................
78–
87–
5
.........
Propane,
1,2­
dichlorocis
1,3­
Dichloropropene
..............................................................
10061–
01–
5
...
1­
Propene,
1,3­
dichloro­,
(Z)
trans
1,3­
Dichloropropene
..........................................................
10061–
02–
6
...
1­
Propene,
1,3­
dichloro­,
(E)
Dieldrin
........................................................................................
60–
57–
1
.........
2,7:
3,6­
Dimethanonaphth
[2,3­
b]
oxirene,
3,4,5,6,9,9­
hexachloro­
1a,
2,2a,
3,6,6a,
7,7a­
octahydro­,
(1a    
,2   
,2a    
,3   
,6   
;,
6a    
,7   
,7a    
Diethyl
phthalate
.........................................................................
84–
66–
2
.........
1,2­
Benzenedicarboxylic
acid,
diethyl
ester
O,
O­
Diethyl
O­
2­
pyrazinyl
phosphorothioate;
Thionazin
............
297–
97–
2
.......
Phosphorothioic
acid,
O,
O­
diethyl
O­
pyrazinyl
ester
Dimethoate
..................................................................................
60–
51–
5
.........
Phosphorodithioic
acid,
O,
O­
dimethyl
S­[
2­(
methylamino)­
2­
oxoethyl]
ester
p­(
Dimethylamino)
azobenzene
...................................................
60–
11–
7
.........
Benzenamine,
N,
N­
dimethyl­
4­
(phenylazo)
7,12
Dimethylbenz[
a]
anthracene
................................................
57–
97–
6
.........
Benz[
a]
anthracene,
7,12­
dimethyl3,3
­Dimethylbenzidine
...............................................................
119–
93–
7
.......
[1,1
­Biphenyl]­
4,4
­diamine,
3,3
dimethylalpha
alpha­
Dimethylphenethylamine
........................................
122–
09–
8
.......
Benzeneethanamine,
a
,    
dimethyl2,4
Dimethylphenol
.....................................................................
105–
67–
9
.......
Phenol,
2,4­
dimethylDimethyl
phthalate
......................................................................
131–
11–
3
.......
1,2­
Benzenedicarboxylic
acid,
dimethyl
ester
m­
Dinitrobenzene
........................................................................
99–
65–
0
.........
Benzene,
1,3­
dinitro4,6
Dinitro­
o­
cresol
.....................................................................
534–
52–
1
.......
Phenol,
2­
methyl­
4,6­
dinitro2,4
Dinitrophenol
.........................................................................
51–
28–
5
.........
Phenol,
2,4­
dinitro2,4
Dinitrotoluene
........................................................................
121–
14–
2
.......
Benzene,
1­
methyl­
2,4­
dinitro2,6
Dinitrotoluene
........................................................................
606–
20–
2
.......
Benzene,
2­
methyl­
1,3­
dinitroDinoseb
DNBP;
2­
sec­
Butyl­
4,6­
dinitrophenol
..........................
88–
85–
7
.........
Phenol,
2­(
1­
methylpropyl)­
4,6­
dinitroDi
n­
octyl
phthalate
.....................................................................
117–
84–
0
.......
1,2­
Benzenedicarboxylic
acid,
dioctyl
ester
1,4­
Dioxane
.................................................................................
123–
91–
1
.......
1,4­
Dioxane
Diphenylamine
............................................................................
122–
39–
4
.......
Benzenamine,
N­
phenylDisulfoton
....................................................................................
298–
04–
4
.......
Phosphorodithioic
acid,
O,
O­
diethyl
S­[
2­(
ethylthio)
ethyl]
ester
Endosulfan
I
................................................................................
959–
98–
8
.......
6,9­
Methano­
2,4,3­
benzodioxathiepin,
6,7,8,9,10,10­
hexachloro­
1,5,5a,
6,9,9a­
hexahydro­,
3­
oxide,
(3    
,5a   
,6    
,9    
,9a   
Endosulfan
II
...............................................................................
33213–
65–
9
...
6,9­
Methano­
2,4,3­
benzodioxathiepin,
6,7,8,9,10,10­
hexachloro­
1,5,5a,
6,9,9a­
hexahydro­,
3­
oxide,
(3    
,5a    
,6   
,9   
,9a    
Endosulfan
sulfate
......................................................................
1031–
07–
8
.....
6,9­
Methano­
2,4,3­
benzodioxathiepin,
6,7,8,9,10,10­
hexachloro­
1,5,5a,
6,9,9a­
hexahydro­,
3,3­
dioxide
Endrin
..........................................................................................
72–
20–
8
.........
2,7:
3,6­
Dimethanonaphth[
2,3­
b]
oxirene,
3,4,5,6,9,9­
hexachloro­
1a,
2,2a,
3,6,6a,
7,7a­
octahydro­,
(1a    
,2   
,2a   
,3    
,6    
,
6a   
,7   
,
7a    
Endrin
aldehyde
..........................................................................
7421–
93–
4
.....
1,2,4­
Methenocyclopenta[
cd]
pentalene­
5­
carboxaldehyde,
2,2a,
3,3,4,7­
hexachlorodecahydro
1    
,2   
,2a   
,4   
,4a   
,5   
,6a   
,
6b   
,7R*)
Ethylbenzene
..............................................................................
100–
41–
4
.......
Benzene,
ethylEthyl
methacrylate
......................................................................
97–
63–
2
.........
2­
Propenoic
acid,
2­
methyl­,
ethyl
ester
Ethyl
methanesulfonate
..............................................................
62–
50–
0
.........
Methanesulfonic
acid,
ethyl
ester
Famphur
......................................................................................
52–
85–
7
.........
Phosphorothioic
acid,
O­[
4­[(
dimethylamino)
sulfonyl]
pheny
l]
O
O­
dimethyl
ester
Fluoranthene
...............................................................................
206–
44–
0
.......
Fluoranthene
Fluorene
......................................................................................
86–
73–
7
.........
9H­
Fluorene
Heptachlor
...................................................................................
76–
44–
8
.........
4,7­
Methano­
1H­
indene,
1,4,5,6,7,8,8­
heptachloro­
3a,
4,7,7atetrahydro
Heptachlor
epoxide
.....................................................................
1024–
57–
3
.....
2,5­
Methano­
2H­
indeno[
1,2­
b]
oxirene,
2,3,4,5,6,7,7­
heptachloro­
1a,
1b,
5,5a,
6,6a,­
hexahydro­,
(1a    
,1b   
,2    
,5    
,5a   
,6   
,6a    
)
Hexachlorobenzene
....................................................................
118–
74–
1
.......
Benzene,
hexachloro­
Hexachlorobutadiene
..................................................................
87–
68–
3
.........
1,3­
Butadiene,
1,1,2,3,4,4­
hexachloro­
Hexachlorocyclopentadiene
........................................................
77–
47–
4
.........
1,3­
Cyclopentadiene,
1,2,3,4,5,5­
hexachloro­
Hexachloroethane
.......................................................................
67–
72–
1
.........
Ethane,
hexachloro­
Hexachlorophene
........................................................................
70–
30–
4
.........
Phenol,
2,2
­methylenebis[
3,4,6­
trichloro­
Hexachloropropene
.....................................................................
1888–
71–
7
.....
1­
Propene,
1,1,2,3,3,3­
hexachloro­
2­
Hexanone
................................................................................
591–
78–
6
.......
2­
Hexanone
Indeno(
1,2,3­
cd)
pyrene
...............................................................
193–
39–
5
.......
Indeno[
1,2,3­
cd]
pyrene
Isobutyl
alcohol
...........................................................................
78–
83–
1
.........
1­
Propanol,
2­
methyl­
Isodrin
.........................................................................................
465–
73–
6
.......
1,4,5,8­
Dimethanonaphthalene,
1,2,3,4,1
0,10­
hexachloro1,4,4a
5,8,8a
hexahydro­(
1    
,4    
,4a   
,5   
,8   
,8a   
)­
Isophorone
..................................................................................
78–
59–
1
.........
2­
Cyclohexen­
1­
one,
3,5,5­
trimethyl­

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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
GROUND­
WATER
MONITORING
LIST—
Continued
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
Isosafrole
....................................................................................
120–
58–
1
.......
1,3­
Benzodioxole,
5­(
1­
propenyl)­
Kepone
........................................................................................
143–
50–
0
.......
1,3,4­
Metheno­
2H­
cyclobuta­
[cd]
pentalen­
2­
one,
1,1a,
3,3a,
4,5,5,5a,
5b,
6­
decachlorooctahydro­
Lead
............................................................................................
(Total)
............
Lead
Mercury
.......................................................................................
(Total)
............
Mercury
Methacrylonitrile
..........................................................................
126–
98–
7
.......
2­
Propenenitrile,
2­
methyl­
Methapyrilene
.............................................................................
91–
80–
5
.........
1,2,
Ethanediamine,
N,
N­
dimethyl­
N
­2­
pyridinyl­
N
­(
2­
thienylmethyl)­
Methoxychlor
...............................................................................
72–
43–
5
.........
Benzene,
1,1
­(
2,2,2,
trichloroethylidene)
bis
[4­
methoxy­
Methyl
bromide;
Bromomethane
................................................
74–
83–
9
.........
Methane,
bromo­
Methyl
chloride;
Chloromethane
.................................................
74–
87–
3
.........
Methane,
chloro­
3­
Methylcholanthrene
.................................................................
56–
49–
5
.........
Benz[
j]
aceanthrylene,
1,2­
dihydro­
3­
methyl­
Methylene
bromide;
Dibromomethane
.......................................
74–
95–
3
.........
Methane,
dibromo­
Methylene
chloride;
Dichloromethane
........................................
75–
09–
2
.........
Methane,
dichloro­
Methyl
ethyl
ketone;
MEK
...........................................................
78–
93–
3
.........
2­
Butanone
Methyl
iodide;
Iodomethane
.......................................................
74–
88–
4
.........
Methane,
iodo­
Methyl
methacrylate
....................................................................
80–
62–
6
.........
2­
Propenoic
acid,
2­
methyl­,
methyl
ester
Methyl
methanesulfonate
............................................................
66–
27–
3
.........
Methanesulfonic
acid,
methyl
ester
2­
Methylnaphthalene
..................................................................
91–
57–
6
.........
Naphthalene,
2­
methyl­
Methyl
parathion;
Parathion
methyl
............................................
298–
00–
0
.......
Phosphorothioic
acid,
O,
O­
dimethyl
O­(
4­
nitrophenyl)
ester
4­
Methyl­
2­
pentanone;
Methyl
isobutyl
ketone
...........................
108–
10–
1
.......
2­
Pentanone,
4­
methyl­
Naphthalene
................................................................................
91–
20–
3
.........
Naphthalene
1,4­
Naphthoquinone
...................................................................
130–
15–
4
.......
1,4­
Naphthalenedione
1­
Naphthylamine
.........................................................................
134–
32–
7
.......
1­
Naphthalenamine
2­
Naphthylamine
.........................................................................
91–
59–
8
.........
2­
Naphthalenamine
Nickel
..........................................................................................
(Total)
............
Nickel
o­
Nitroaniline
...............................................................................
88–
74–
4
.........
Benzenamine,
2­
nitro­
m­
Nitroaniline
..............................................................................
99–
09–
2
.........
Benzenamine,
3­
nitro­
p­
Nitroaniline
...............................................................................
100–
01–
6
.......
Benzenamine,
4­
nitro­
Nitrobenzene
...............................................................................
98–
95–
3
.........
Benzene,
nitro­
o­
Nitrophenol
..............................................................................
88–
75–
5
.........
Phenol,
2­
nitro­
p­
Nitrophenol
..............................................................................
100–
02–
7
.......
Phenol,
4­
nitro­
4­
Nitroquinoline
1­
oxide
..............................................................
56–
57–
5
.........
Quinoline,
4­
nitro­,
1­
oxide
N­
Nitrosodi­
n­
butylamine
............................................................
924–
16–
3
.......
1­
Butanamine,
N­
butyl­
N­
nitroso­
N­
Nitrosodiethylamine
.................................................................
55–
18–
5
.........
Ethanamine,
N­
ethyl­
N­
nitroso­
N­
Nitrosodimethylamine
..............................................................
62–
75–
9
.........
Methanamine,
N­
methyl­
N­
nitroso­
N­
Nitrosodiphenylamine
..............................................................
86–
30–
6
.........
Benzenamine,
N­
nitroso­
N­
phenyl­
N­
Nitrosodipropylamine;
Di­
n­
propylnitrosamine
........................
621–
64–
7
.......
1­
Propanamine,
N­
nitroso­
N­
propyl­
N­
Nitrosomethylethylamine
.........................................................
10595–
95–
6
...
Ethanamine,
N­
methyl­
N­
nitroso­
N­
Nitrosomorpholine
...................................................................
59–
89–
2
.........
Morpholine,
4­
nitroso­
N­
Nitrosopiperidine
.....................................................................
100–
75–
4
.......
Piperidine,
1­
nitroso­
N­
Nitrosopyrrolidine
....................................................................
930–
55–
2
.......
Pyrrolidine,
1­
nitroso­
5­
Nitro­
o­
toluidine
.......................................................................
99–
55–
8
.........
Benzenamine,
2­
methyl­
5­
nitro­
Parathion
.....................................................................................
56–
38–
2
.........
Phosphorothioic
acid,
O,
O­
diethyl­
O­(
4­
nitrophenyl)
ester
Polychlorinated
biphenyls;
PCBs
................................................
See
Note
4
....
1,1
­Biphenyl,
chloro
derivatives
Polychlorinated
dibenzo­
p­
dioxins;
PCDDs
................................
See
Note
5
....
Dibenzo[
b,
e][
1,4]
dioxin,
chloro
derivatives
Polychlorinated
dibenzofurans;
PCDFs
......................................
See
Note
6
....
Dibenzofuran,
chloro
derivatives
Pentachlorobenzene
...................................................................
608–
93–
5
.......
Benzene,
pentachloro­
Pentachloroethane
......................................................................
76–
01–
7
.........
Ethane,
pentachloro­
Pentachloronitrobenzene
............................................................
82–
68–
8
.........
Benzene,
pentachloronitro­
Pentachlorophenol
......................................................................
87–
86–
5
.........
Phenol,
pentachloro­
Phenacetin
..................................................................................
62–
44–
2
.........
Acetamide,
N­(
4­
ethoxyphenyl)
Phenanthrene
.............................................................................
85–
01–
8
.........
Phenanthrene
Phenol
.........................................................................................
108–
95–
2
.......
Phenol
p­
Phenylenediamine
...................................................................
106–
50–
3
.......
1,4­
Benzenediamine
Phorate
.......................................................................................
298–
02–
2
.......
Phosphorodithioic
acid,
O,
O­
diethyl
S­
[(
ethylthio)
methyl]
ester
2­
Picoline
....................................................................................
109–
06–
8
.......
Pyridine,
2­
methyl­
Pronamide
...................................................................................
23950–
58–
5
...
Benzamide,
3,5­
dichloro­
N­(
1,1­
dimethyl­
2­
propynyl)­
Propionitrile;
Ethyl
cyanide
.........................................................
107–
12–
0
.......
Propanenitrile
Pyrene
.........................................................................................
129–
00–
0
.......
Pyrene
Pyridine
.......................................................................................
110–
86–
1
.......
Pyridine
Safrole
.........................................................................................
94–
59–
7
.........
1,3­
Benzodioxole,
5­(
2­
propenyl)­
Selenium
.....................................................................................
(Total)
............
Selenium
Silver
...........................................................................................
(Total)
............
Silver
Silvex;
2,4,5­
TP
..........................................................................
93–
72–
1
.........
Propanoic
acid,
2­(
2,4,5­
trichlorophenoxy)­
Styrene
........................................................................................
100–
42–
5
.......
Benzene,
ethenyl­
Sulfide
.........................................................................................
18496–
25–
8
...
Sulfide
2,4,5­
T;
2,4,5
Trichlorophenoxyacetic
acid
..................................
93–
76–
5
.........
Acetic
acid,
(2,4,5­
2,4,5­
trichlorophenoxy)­
2,3,7,8­
TCDD;
2,3,7,8­
Tetrachlorodibenzo­
p­
dioxin
...................
1746–
01–
6
.....
Dibenzo[
b,
e][
1,4]
dioxin,
2,3,7,8­
tetrachloro­
1,2,4,5­
Tetrachlorobenzene
........................................................
95–
94–
3
.........
Benzene,
1,2,4,5­
tetrachloro­
1,1,1,2­
Tetrachloroethane
...........................................................
630–
20–
6
.......
Ethane,
1,1,1,2­
tetrachloro­

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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
GROUND­
WATER
MONITORING
LIST—
Continued
Common
name
1
CAS
RN
2
Chemical
abstracts
service
index
name
3
1,1,2,2­
Tetrachloroethane
...........................................................
79–
34–
5
.........
Ethane,
1,1,2,2­
tetrachloro­
Tetrachloroethylene;
Perchloroethylene;
Tetrachloroethene
......
127–
18–
4
.......
Ethene,
tetrachloro­
2,3,4,6­
Tetrachlorophenol
...........................................................
58–
90–
2
.........
Phenol,
2,3,4,6­
tetrachloro­
Tetraethyl
dithiopyrophosphate;
Sulfotepp
.................................
3689–
24–
5
.....
Thiodiphosphoric
acid
([(
HO)
2
P(
S)]
2
O),
tetraethyl
ester
Thallium
......................................................................................
(Total)
............
Thallium
Tin
...............................................................................................
(Total)
............
Tin
Toluene
.......................................................................................
108–
88–
3
.......
Benzene,
methyl­
o­
Toluidine
..................................................................................
95–
53–
4
.........
Benzenamine,
2­
methyl­
Toxaphene
..................................................................................
8001–
35–
2
.....
Toxaphene
1,2,4­
Trichlorobenzene
...............................................................
120–
82–
1
.......
Benzene,
1,2,4­
trichloro­
1,1,1­
Trichloroethane;
Methylchloroform
....................................
71–
55–
6
.........
Ethane,
1,1,1­
trichloro­
1,1,2­
Trichloroethane
..................................................................
79–
00–
5
.........
Ethane,
1,1,2­
trichloro­
Trichloroethylene;
Trichloroethene
.............................................
79–
01–
6
.........
Ethene,
trichloro­
Trichlorofluoromethane
...............................................................
75–
69–
4
.........
Methane,
trichlorofluoro­
2,4,5­
Trichlorophenol
..................................................................
95–
95–
4
.........
Phenol,
2,4,5­
trichloro­
2,4,6­
Trichlorophenol
..................................................................
88–
06–
2
.........
Phenol,
2,4,6­
trichloro­
1,2,3­
Trichloropropane
................................................................
96–
18–
4
.........
Propane,
1,2,3­
trichloro­
O,
O,
O­
Triethyl
phosphorothioate
................................................
126–
68–
1
.......
Phosphorothioic
acid,
O,
O,
O­
triethyl
ester
sym­
Trinitrobenzene
...................................................................
99–
35–
4
.........
Benzene,
1,3,5­
trinitro­
Vanadium
....................................................................................
(Total)
............
Vanadium
Vinyl
acetate
...............................................................................
108–
05–
4
.......
Acetic
acid,
ethenyl
ester
Vinyl
chloride
..............................................................................
75–
01–
4
.........
Ethene,
chloro­
Xylene
(total)
...............................................................................
1330–
20–
7
.....
Benzene,
dimethyl­
Zinc
.............................................................................................
(Total)
............
Zinc
1
Common
names
are
those
widely
used
in
government
regulations,
scientific
publications,
and
commerce;
synonyms
exist
for
many
chemicals
2
Chemical
Abstracts
Service
registry
number.
Where
``
Total''
is
entered,
all
species
in
the
ground
water
that
contain
this
element
are
included.
3
CAS
index
names
are
those
used
in
the
9th
Cumulative
Index.
4
Polychlorinated
biphenyls
(CAS
RN
1336–
36–
3);
this
category
contains
congener
chemicals,
including
constituents
of
Aroclor­
1016
(CAS
RN
12674–
11–
2),
Aroclor­
1221
(CAS
RN
11104–
28–
2),
Aroclor­
1232
(CAS
RN
11141–
16–
5),
Aroclor­
1242
(CAS
RN
53469–
21–
9),
Aroclor­
1248
(CAS
RN
12672–
29–
6),
Aroclor­
1254
(CAS
RN
11097–
69–
1),
and
Aroclor­
1260
(CAS
RN
11096–
82–
5).
5
This
category
contains
congener
chemicals,
including
tetrachlorodibenzo­
p­
dioxins
(see
also
2,3,7,8–
TCDD),
pentachlorodibenzo­
p­
dioxins,
and
hexachlorodibenzo­
p­
dioxins.
6
This
category
contains
congener
chemicals,
including
tetrachlorodibenzofurans,
pentachlorodibenzofurans,
and
hexachlorodibenzofurans.

PART
265—
INTERIM
STATUS
STANDARDS
FOR
OWNERS
AND
OPERATORS
OF
HAZARDOUS
WASTE
TREATMENT,
STORAGE,
AND
DISPOSAL
FACILITIES
24.
The
authority
citation
for
part
265
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6906,
6912,
6922,
6923,
6924,
6925,
6935,
6936
and
6937,
unless
otherwise
noted.

Subpart
AA—
Air
Emission
Standards
for
Process
Vents
25.
Section
265.1034
is
amended
by
revising
paragraphs
(c)(
1)(
ii),
(c)(
1)(
iv),
(d)(
1)(
iii)
and
(f)
to
read
as
follows:

§
265.1034
Test
methods
and
procedures.

*
*
*
*
*
(c)
*
*
*
(1)
*
*
*
(ii)
Method
18
or
Method
25A
in
40
CFR
part
60,
appendix
A,
for
organic
content.
If
Method
25A
is
used,
the
organic
HAP
used
as
the
calibration
gas
must
be
the
single
organic
HAP
representing
the
largest
percent
by
volume
of
the
emissions.
The
use
of
Method
25A
is
acceptable
if
the
response
from
the
high­
level
calibration
gas
is
at
least
20
times
the
standard
deviation
of
the
response
from
the
zero
calibration
gas
when
the
instrument
is
zeroed
on
the
most
sensitive
scale.
*
*
*
*
*
(iv)
Total
organic
mass
flow
rates
shall
be
determined
by
the
following
equation:
(A)
For
sources
utilizing
Method
18.

E
Q
CMW
h
n
=
 
 
 
 
 
[
]
[
]
i=
 
 
2sdii
1
6
10
0.0416

Where:
Eh
=
Total
organic
mass
flow
rate,
kg/
h;
Q2sd
=
Volumetric
flow
rate
of
gases
entering
or
exiting
control
device,
as
determined
by
Method
2,
dscm/
h;
n
=
Number
of
organic
compounds
in
the
vent
gas;
Ci
=
Organic
concentration
in
ppm,
dry
basis,
of
compound
i
in
the
vent
gas,
as
determined
by
Method
18;
MWi
=
Molecular
weight
of
organic
compound
i
in
the
vent
gas,
kg/
kg
mol;
0.0416
=
Conversion
factor
for
molar
volume,
kg­
mol/
m3
(@
293
K
and
760
mm
Hg);
10
¥
6
Conversion
from
ppm
(B)
For
sources
utilizing
Method
25A.
Eh
=
(Q)(
C)(
MW)(
0.0416)(
10
¥
6
)
Where:
Eh
=
Total
organic
mass
flow
rate,
kg/
h;
Q
=
Volumetric
flow
rate
of
gases
entering
or
exiting
control
device,
as
determined
by
Method
2,
dscm/
h;
C
=
Organic
concentration
in
ppm,
dry
basis,
as
determined
by
Method
25A;
MW
=
Molecular
weight
of
propane,
44;
0.0416
=
Conversion
factor
for
molar
volume,
kg­
mol/
m3
(@
293
K
and
760
mm
Hg);
10
¥
6
=
Conversion
from
ppm.
*
*
*
*
*
(d)
*
*
*
(1)
*
*
*
(iii)
Each
sample
shall
be
analyzed
and
the
total
organic
concentration
of
the
sample
shall
be
computed
using
Method
9060
(incorporated
by
reference
under
§
260.11)
of
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846;
or
analyzed
for
its
individual
organic
constituents
by
using
appropriate
methods
such
as
Method
8260
of
EPA
Publication
SW–
846,
or
using
appropriate
methods
from
other
reliable
sources.
*
*
*
*
*
(f)
When
an
owner
or
operator
and
the
Regional
Administrator
do
not
agree
on
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MATH>
66296
Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
whether
a
distillation,
fractionation,
thin­
film
evaporation,
solvent
extraction,
or
air
or
steam
stripping
operation
manages
a
hazardous
waste
with
organic
concentrations
of
at
least
10
ppmw
based
on
knowledge
of
the
waste,
the
dispute
may
be
resolved
using
an
appropriate
method
such
as
Method
8260
of
``
Test
Methods
for
Evaluating
Solid
Waste''
(EPA
Publication
SW–
846)
or
using
appropriate
methods
from
other
reliable
sources.

Subpart
BB—
Air
Emission
Standards
for
Equipment
Leaks
26.
Section
265.1063
is
amended
by
revising
paragraph
(d)(
2)
to
read
as
follows:

§
265.1063
Test
methods
and
procedures.

*
*
*
*
*
(d)
*
*
*
(2)
Method
9060
(incorporated
by
reference
under
§
260.11)
of
``
Test
Methods
for
Evaluating
Solid
Waste,
''
EPA
Publication
SW–
846
or
analyzed
for
its
individual
organic
constituents
by
using
appropriate
methods
such
as
Method
8260
of
EPA
Publication
SW–
846
or
using
appropriate
methods
from
other
reliable
sources;
or
*
*
*
*
*

Subpart
CC—
Air
Emission
Standards
for
Tanks,
Surface
Impoundments,
and
Containers
27.
Section
265.1081
is
amended
by
revising
the
definition
``
Waste
stabilization
process''
to
read
as
follows:

§
265.1081
Definitions.

*
*
*
*
*
Waste
stabilization
process
means
any
physical
or
chemical
process
used
to
either
reduce
the
mobility
of
hazardous
constituents
in
a
hazardous
waste
or
eliminate
free
liquids
as
determined
by
Test
Method
9095
(Paint
Filter
Liquids
Test)
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
as
incorporated
by
reference
in
§
260.11.
A
waste
stabilization
process
includes
mixing
the
hazardous
waste
with
binders
or
other
materials,
and
curing
the
resulting
hazardous
waste
and
binder
mixture.
Other
synonymous
terms
used
to
refer
to
this
process
are
``
waste
fixation''
or
``
waste
solidification.
''
This
does
not
include
the
adding
of
absorbent
materials
to
the
surface
of
a
waste,
without
mixing,
agitation,
or
subsequent
curing,
to
absorb
free
liquid.
28.
Section
265.1084
is
amended
by
revising
paragraphs
(a)(
3)(
ii)(
C),
(a)(
3)(
iii),
(b)(
3)(
ii)(
C),
(b)(
3)(
iii),
and
(c)(
3)(
i)
to
read
as
follows:

§
265.1084
Waste
determination
procedures.
(a)
*
*
*
(3)
*
*
*
(ii)
*
*
*
(C)
All
samples
shall
be
collected
and
handled
in
accordance
with
written
procedures
prepared
by
the
owner
or
operator
and
documented
in
a
site
sampling
plan.
This
plan
shall
describe
the
procedure
by
which
representative
samples
of
the
hazardous
waste
stream
are
collected
such
that
a
minimum
loss
of
organics
occurs
throughout
the
sample
collection
and
handling
process,
and
by
which
sample
integrity
is
maintained.
A
copy
of
the
written
sampling
plan
shall
be
maintained
onsite
in
the
facility
operating
records.
An
example
of
an
acceptable
sampling
plan
includes
a
plan
incorporating
sample
collection
and
handling
procedures
in
accordance
with
the
guidance
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
in
Method
25D
in
40
CFR
part
60,
appendix
A.
*
*
*
*
*
(iii)
Analysis.
Each
collected
sample
shall
be
prepared
and
analyzed
in
accordance
with
Method
25D
in
40
CFR
part
60,
appendix
A,
or
using
one
or
more
other
appropriate
methods
from
other
reliable
sources.
If
Method
25D
in
40
CFR
part
60,
appendix
A
is
not
used,
then
one
or
more
methods
should
be
chosen
that
are
appropriate
to
ensure
that
the
waste
determination
accounts
for
and
reflects
all
organic
compounds
in
the
waste
with
Henry's
law
constant
values
at
least
0.1
mole­
fraction­
in­
thegas
phase/
mole­
fraction­
in­
the­
liquidphase
(0.1
Y/
X)
[which
can
also
be
expressed
as
1.8
×
10
¥
6
atmospheres/
gram­
mole/
m
3
]
at
25
degrees
Celsius.
Examples
of
other
methods
from
other
reliable
sources
which
might
be
appropriate
include
Method
8260
or
8270
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846;
or
Method
624,
625,
1624,
or
1625
of
40
CFR
part
136,
appendix
A.
At
the
owner
or
operator's
discretion,
the
owner
or
operator
may
adjust
test
data
obtained
by
any
appropriate
method
to
discount
any
contribution
to
the
total
volatile
organic
concentration
that
is
a
result
of
including
a
compound
with
a
Henry's
law
constant
value
of
less
than
0.1
Y/
X
at
25
degrees
Celsius.
To
adjust
these
data,
the
measured
concentration
of
each
individual
chemical
constituent
contained
in
the
waste
is
multiplied
by
the
appropriate
constituent­
specific
adjustment
factor
(fm25D).
If
the
owner
or
operator
elects
to
adjust
test
data,
the
adjustment
must
be
made
to
all
individual
chemical
constituents
with
a
Henry's
law
constant
value
greater
than
or
equal
to
0.1
Y/
X
at
25
degrees
Celsius
contained
in
the
waste.
Constituentspecific
adjustment
factors
(fm25D)
can
be
obtained
by
contacting
the
Waste
and
Chemical
Processes
Group,
Office
of
Air
Quality
Planning
and
Standards,
Research
Triangle
Park,
NC
27711.
In
addition
to
the
requirement
to
reflect
all
organic
compounds
in
the
waste
with
Henry's
law
constant
values
greater
than
or
equal
to
0.1
Y/
X
[which
can
also
be
expressed
as
1.8
×
10
¥
6
atmospheres/
gram­
mole/
m
3
]
at
25
degrees
Celsius,
other
appropriate
methods
include:
(A)
Any
EPA
standard
method
that
has
been
validated
in
accordance
with
``
Alternative
Validation
Procedure
for
EPA
Waste
and
Wastewater
Methods'',
40
CFR
part
63,
appendix
D.
(B)
Any
other
analysis
method
that
has
been
validated
in
accordance
with
the
procedures
specified
in
Section
5.1
or
Section
5.3,
and
the
corresponding
calculations
in
Section
6.1
or
Section
6.3,
of
Method
301
in
40
CFR
part
63,
appendix
A.
The
data
are
acceptable
if
they
meet
the
criteria
specified
in
Section
6.1.5
or
Section
6.3.3
of
Method
301.
If
correction
is
required
under
section
6.3.3
of
Method
301,
the
data
are
acceptable
if
the
correction
factor
is
within
the
range
0.7
to
1.30.
Other
sections
of
Method
301
are
not
required.
*
*
*
*
*
(b)
*
*
*
(3)
*
*
*
(ii)
*
*
*
(C)
All
samples
shall
be
collected
and
handled
in
accordance
with
written
procedures
prepared
by
the
owner
or
operator
and
documented
in
a
site
sampling
plan.
This
plan
shall
describe
the
procedure
by
which
representative
samples
of
the
hazardous
waste
stream
are
collected
such
that
a
minimum
loss
of
organics
occurs
throughout
the
sample
collection
and
handling
process,
and
by
which
sample
integrity
is
maintained.
A
copy
of
the
written
sampling
plan
shall
be
maintained
onsite
in
the
facility
operating
records.
An
example
of
an
acceptable
sampling
plan
includes
a
plan
incorporating
sample
collection
and
handling
procedures
in
accordance
with
the
guidance
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
in
Method
25D
in
40
CFR
part
60,
appendix
A.
*
*
*
*
*
(iii)
Analysis.
Each
collected
sample
shall
be
prepared
and
analyzed
in
accordance
with
Method
25D
in
40
CFR
part
60,
appendix
A,
or
using
one
or
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/
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67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
more
appropriate
methods
from
other
reliable
sources.
When
the
owner
or
operator
is
making
a
waste
determination
for
a
treated
hazardous
waste
that
is
to
be
compared
to
an
average
VO
concentration
at
the
point
of
waste
origination
or
the
point
of
waste
entry
to
the
treatment
system,
to
determine
if
the
conditions
of
§
264.1082(
c)(
2)(
i)
through
(c)(
2)(
vi)
of
this
part,
or
§
265.1083(
c)(
2)(
i)
through
(c)(
2)(
vi)
of
this
subpart
are
met,
then
the
waste
samples
shall
be
prepared
and
analyzed
using
the
same
method
or
methods
as
were
used
in
making
the
initial
waste
determinations
at
the
point
of
waste
origination
or
at
the
point
of
entry
to
the
treatment
system.
If
Method
25D
in
40
CFR
part
60,
appendix
A
is
not
used,
then
one
or
more
methods
should
be
chosen
that
are
appropriate
to
ensure
that
the
waste
determination
accounts
for
and
reflects
all
organic
compounds
in
the
waste
with
Henry's
law
constant
values
at
least
0.1
molefraction
in­
the­
gas­
phase/
mole­
fractionin
the­
liquid­
phase
(0.1
Y/
X)
[which
can
also
be
expressed
as
1.8
×
10
¥
6
atmospheres/
gram­
mole/
m
3
]
at
25
degrees
Celsius.
Examples
of
other
methods
from
other
reliable
sources
which
might
be
appropriate
include
Method
8260
or
8270
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846;
or
Method
624,
625,
1624,
or
1625
of
40
CFR
part
136,
appendix
A.
At
the
owner
or
operator's
discretion,
the
owner
or
operator
may
adjust
test
data
obtained
by
any
appropriate
method
to
discount
any
contribution
to
the
total
volatile
organic
concentration
that
is
a
result
of
including
a
compound
with
a
Henry's
law
constant
value
less
than
0.1
Y/
X
at
25
degrees
Celsius.
To
adjust
these
data,
the
measured
concentration
of
each
individual
chemical
constituent
in
the
waste
is
multiplied
by
the
appropriate
constituent­
specific
adjustment
factor
(fm25D).
If
the
owner
or
operator
elects
to
adjust
test
data,
the
adjustment
must
be
made
to
all
individual
chemical
constituents
with
a
Henry's
law
constant
value
greater
than
or
equal
to
0.1
Y/
X
at
25
degrees
Celsius
contained
in
the
waste.
Constituent­
specific
adjustment
factors
(fm25D)
can
be
obtained
by
contacting
the
Waste
and
Chemical
Processes
Group,
Office
of
Air
Quality
Planning
and
Standards,
Research
Triangle
Park,
NC
27711.
In
addition
to
the
requirement
to
reflect
all
organic
compounds
in
the
waste
with
Henry's
law
constant
values
greater
than
or
equal
to
0.1
Y/
X
[which
can
also
be
expressed
as
1.8
×
10
¥
6
atmospheres/
gram­
mole/
m
3
]
at
25
degrees
Celsius,
other
appropriate
methods
include:
(A)
Any
EPA
standard
method
that
has
been
validated
in
accordance
with
``
Alternative
Validation
Procedure
for
EPA
Waste
and
Wastewater
Methods'',
40
CFR
part
63,
appendix
D.
(B)
Any
other
analysis
method
that
has
been
validated
in
accordance
with
the
procedures
specified
in
Section
5.1
or
Section
5.3,
and
the
corresponding
calculations
in
Section
6.1
or
Section
6.3,
of
Method
301
in
40
CFR
part
63,
appendix
A.
The
data
are
acceptable
if
they
meet
the
criteria
specified
in
Section
6.1.5
or
Section
6.3.3
of
Method
301.
If
correction
is
required
under
section
6.3.3
of
Method
301,
the
data
are
acceptable
if
the
correction
factor
is
within
the
range
0.7
to
1.30.
Other
sections
of
Method
301
are
not
required.
*
*
*
*
*
(c)
*
*
*
(3)
*
*
*
(i)
Sampling.
A
sufficient
number
of
samples
shall
be
collected
to
be
representative
of
the
waste
contained
in
the
tank.
All
samples
shall
be
collected
and
handled
in
accordance
with
written
procedures
prepared
by
the
owner
or
operator
and
documented
in
a
site
sampling
plan.
This
plan
shall
describe
the
procedure
by
which
representative
samples
of
the
hazardous
waste
are
collected
such
that
a
minimum
loss
of
organics
occurs
throughout
the
sample
collection
and
handling
process
and
by
which
sample
integrity
is
maintained.
A
copy
of
the
written
sampling
plan
shall
be
maintained
on­
site
in
the
facility
operating
records.
An
example
of
an
acceptable
sampling
plan
includes
a
plan
incorporating
sample
collection
and
handling
procedures
in
accordance
with
the
guidance
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
in
Method
25D
in
40
CFR
part
60,
appendix
A.
*
*
*
*
*

PART
266—
STANDARDS
FOR
THE
MANAGEMENT
OF
SPECIFIC
HAZARDOUS
WASTES
AND
SPECIFIC
TYPES
OF
HAZARDOUS
WASTE
MANAGEMENT
FACILITIES
29.
The
authority
citation
for
part
266
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
1006,
2002(
a),
3001–
3009,
3014,
6905,
6906,
6912,
6922,
6924–
6927
and
6937.

Subpart
H—
Hazardous
Waste
Burned
in
Boilers
and
Industrial
Furnaces
30.
Section
266.100
is
amended
by
revising
paragraphs
(d)(
1)(
ii)
and
(g)(
2)
to
read
as
follows:
§
266.100
Applicability.

*
*
*
*
*
(d)
*
*
*
(1)
*
*
*
(ii)
Sample
and
analyze
the
hazardous
waste
and
other
feedstocks
as
necessary
to
comply
with
the
requirements
of
this
paragraph
by
using
appropriate
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
The
owner
or
operator
shall
use
the
best
available
method
for
the
particular
determination;
and
*
*
*
*
*
(g)
*
*
*
(2)
Sample
and
analyze
the
hazardous
waste
as
necessary
to
document
that
the
waste
is
burned
for
recovery
of
economically
significant
amounts
of
precious
metal,
by
using
appropriate
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
The
owner
or
operator
shall
use
the
best
available
method
for
the
particular
determination;
and
*
*
*
*
*
31.
Section
266.102
is
amended
by
revising
paragraph
(b)(
1)
to
read
as
follows:

§
266.102
Permit
standards
for
burners.

*
*
*
*
*
(b)
Hazardous
waste
analysis.
(1)
The
owner
or
operator
must
provide
an
analysis
of
the
hazardous
waste
that
quantifies
the
concentration
of
any
constituent
identified
in
appendix
VIII
of
part
261
of
this
chapter
that
may
reasonably
be
expected
to
be
in
the
waste.
Such
constituents
must
be
identified
and
quantified
if
present,
at
levels
detectable
by
using
appropriate
analytical
procedures
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
The
owner
or
operator
shall
use
the
best
available
method
for
the
particular
determination.
The
appendix
VIII,
part
261
constituents
excluded
from
this
analysis
must
be
identified
and
the
basis
for
their
exclusion
explained.
This
analysis
will
be
used
to
provide
all
information
required
by
this
subpart
and
§§
270.22
and
270.66
of
this
chapter
and
to
enable
the
permit
writer
to
prescribe
such
permit
conditions
as
necessary
to
protect
human
health
and
the
environment.
Such
analysis
must
be
included
as
a
portion
of
the
part
B
permit
application,
or,
for
facilities
operating
under
the
interim
status
standards
of
this
subpart,
as
a
portion
of
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30OCP3
66298
Federal
Register
/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
the
trial
burn
plan
that
may
be
submitted
before
the
part
B
application
under
provisions
of
§
270.66(
g)
of
this
chapter
as
well
as
any
other
analysis
required
by
the
permit
authority
in
preparing
the
permit.
Owners
and
operators
of
boilers
and
industrial
furnaces
not
operating
under
the
interim
status
standards
must
provide
the
information
required
by
§§
270.22
or
270.66(
c)
of
this
chapter
in
the
part
B
application
to
the
greatest
extent
possible.
*
*
*
*
*
32.
Section
266.106
is
amended
by
revising
paragraph
(a)
to
read
as
follows:

§
266.106
Standards
to
control
metals
emissions.
(a)
General.
The
owner
or
operator
must
comply
with
the
metals
standards
provided
by
paragraphs
(b),
(c),
(d),
(e),
or
(f)
of
this
section
for
each
metal
listed
in
paragraph
(b)
of
this
section
that
is
present
in
the
hazardous
waste
at
detectable
levels
by
using
appropriate
analytical
procedures
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods''
(EPA
Publication
SW–
846)
or
other
reliable
sources.
*
*
*
*
*
33.
Section
266.112
is
amended
by
revising
paragraph
(b)(
1),
introductory
text,
and
paragraph
(b)(
2)(
i)
to
read
as
follows:

§
266.112
Regulation
of
residues.

*
*
*
*
*
(b)
*
*
*
(1)
Comparison
of
waste­
derived
residue
with
normal
residue.
The
wastederived
residue
must
not
contain
appendix
VIII,
part
261
constituents
(toxic
constituents)
that
could
reasonably
be
attributable
to
the
hazardous
waste
at
concentrations
significantly
higher
than
in
residue
generated
without
burning
or
processing
of
hazardous
waste,
using
the
following
procedure.
Toxic
compounds
that
could
reasonably
be
attributable
to
burning
or
processing
the
hazardous
waste
(constituents
of
concern)
include
toxic
constituents
in
the
hazardous
waste,
and
the
organic
compounds
listed
in
appendix
VIII
of
this
part
that
may
be
generated
as
products
of
incomplete
combustion.
Sampling
and
analyses
shall
be
conducted
by
using
appropriate
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
For
polychlorinated
dibenzo­
pdioxins
and
polychlorinated
dibenzofurans
analyses
must
be
performed
to
determine
specific
congeners
and
homologues,
and
the
results
converted
to
2,3,7,8–
TCDD
equivalent
values
using
the
procedure
specified
in
section
4.0
of
appendix
IX
of
this
part.
*
*
*
*
*
(2)
Comparison
of
waste­
derived
residue
concentrations
with
healthbased
limits—(
i)
Nonmetal
constituents.
The
concentration
of
each
nonmetal
toxic
constituent
of
concern
(specified
in
paragraph
(b)(
1)
of
this
section)
in
the
waste­
derived
residue
must
not
exceed
the
health­
based
level
specified
in
appendix
VII
of
this
part,
or
the
level
of
detection
(which
must
be
determined
by
using
appropriate
analytical
procedures
such
as
those
contained
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources),
whichever
is
higher.
If
a
health­
based
limit
for
a
constituent
of
concern
is
not
listed
in
appendix
VII
of
this
part,
then
a
limit
of
0.002
micrograms
per
kilogram
or
the
level
of
detection
(which
must
be
determined
by
using
appropriate
analytical
procedures
such
as
those
found
in
EPA
Publication
SW–
846
or
other
reliable
sources),
whichever
is
higher,
must
be
used.
The
levels
specified
in
appendix
VII
of
this
part
(and
the
default
level
of
0.002
micrograms
per
kilogram
or
the
level
of
detection
for
constituents
as
identified
in
Note
1
of
appendix
VII
of
this
chapter)
are
administratively
stayed
under
the
condition,
for
those
constituents
specified
in
paragraph
(b)(
1)
of
this
section,
that
the
owner
or
operator
complies
with
alternative
levels
defined
as
the
land
disposal
restriction
limits
specified
in
§
268.43
of
this
chapter
for
F039
nonwastewaters.
In
complying
with
those
alternative
levels,
if
an
owner
or
operator
is
unable
to
detect
a
constituent
despite
documenting
use
of
best
good­
faith
efforts
as
defined
by
applicable
Agency
guidance
or
standards,
the
owner
or
operator
is
deemed
to
be
in
compliance
for
that
constituent.
Until
new
guidance
or
standards
are
developed,
the
owner
or
operator
may
demonstrate
such
goodfaith
efforts
by
achieving
a
detection
limit
for
the
constituent
that
does
not
exceed
an
order
of
magnitude
above
the
level
provided
by
§
268.43
of
this
chapter
for
F039
nonwastewaters.
In
complying
with
the
§
268.43
of
this
chapter
F039
nonwastewater
levels
for
polychlorinated
dibenzo­
p­
dioxins
and
polychlorinated
dibenzo­
furans,
analyses
must
be
performed
for
total
hexachlorodibenzo­
p­
dioxins,
total
hexachlorodibenzofurans,
total
pentachlorodibenzo­
p­
dioxins,
total
pentachlorodibenzofurans,
total
tetrachlorodibenzo­
p­
dioxins,
and
total
tetrachlorodibenzofurans.
Note
to
paragraph
(b)(
2)(
i):
The
administrative
stay,
under
the
condition
that
the
owner
or
operator
complies
with
alternative
levels
defined
as
the
land
disposal
restriction
limits
specified
in
§
268.43
of
this
chapter
for
F039
nonwastewaters,
remains
in
effect
until
further
administrative
action
is
taken
and
notice
is
published
in
the
Federal
Register
and
the
Code
of
Federal
Regulations.
*
*
*
*
*
34.
Appendix
IX
of
part
266
is
amended
to:
a.
Revise
sections
1.0
and
section
3.0,
b.
Revise
the
first
paragraph
of
section
4.0,
c.
Revise
paragraph
(2)
of
section
10.3,
d.
Revise
the
fifth
bullet
of
paragraph
(1)
of
section
10.5,
e.
Revise
the
third
dash
text
under
the
second
bullet
of
paragraph
(2)
of
section
10.5,
f.
Revise
the
third
and
fifth
bullets
of
paragraph
(5)
of
section
10.5,
g.
Revise
the
fourth
bullet
of
paragraph
(1)
of
section
10.6,
h.
Revise
the
third
and
fourth
bullets
of
paragraph
(5)
of
section
10.6.
The
revisions
read
as
follows:

Appendix
IX—
Methods
Manual
for
Compliance
with
the
BIF
Regulations
*
*
*
*
*

Section
1.0
Introduction
This
document
presents
required
methods
for
demonstrating
compliance
with
U.
S.
Environmental
Protection
Agency
regulations
for
boilers
and
industrial
furnaces
(BIFs)
burning
hazardous
waste
(see
40
CFR
part
266,
subpart
H).
The
methods
included
in
this
document
are:
1.
Performance
Specifications
for
Continuous
Emission
Monitoring
(CEM)
of
Carbon
Monoxide,
Oxygen,
and
Hydrocarbons
in
Stack
Gases.
2.
Procedures
for
Estimating
the
Toxicity
Equivalency
of
Chlorinated
Dibenzo­
p­
dioxin
and
Dibenzofuran
Congeners.
3.
Hazardous
Waste
Combustion
Air
Quality
Screening
Procedures
(HWCAQSP).
4.
Simplified
Land
Use
Classification
Procedure
for
Compliance
with
Tier
I
and
Tier
II
Limits.
5.
Statistical
Methodology
for
Bevill
Residue
Determinations.
6.
Procedures
for
Determining
Default
Values
for
Air
Pollution
Control
System
Removal
Efficiencies.
7.
Procedures
for
Determining
Default
Values
for
Partitioning
of
Metals,
Ash,
and
Total
Chloride/
Chlorine.
8.
Alternate
Methodology
for
Implementing
Metals
Controls.
a.
Sampling
and
analytical
methods
for
multiple
metals,
hexavalent
chromium,
HCl
and
chlorine,
polychlorinated
dibenzo­
pdioxins
and
dibenzofurans,
and
aldehydes
and
ketones
can
be
found
in
``
Test
Methods
for
Evaluating
Solid
Wastes,
Physical/
Chemical
Methods''
(EPA
Publication
SW–
846).
Additional
methods
referenced
in
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30,
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/
Proposed
Rules
subpart
H
of
part
266
but
not
included
in
this
document
can
be
found
in
40
CFR
parts
60
and
61,
and
SW–
846.
b.
The
CEM
performance
specifications
of
section
2.0,
the
relevant
sampling
Methods
0011,
0023A,
0050,
0051,
0060,
and
0061
of
SW–
846,
incorporated
by
reference
in
§
260.11,
and
the
toxicity
equivalency
procedure
for
dioxins
and
furans
of
section
4.0
are
required
procedures
for
determining
compliance
with
BIF
regulations.
For
the
determination
of
chloride
from
HCl/
Cl2
emission
sampling
train,
you
must
use
appropriate
methods
such
as
Method
9057
of
SW–
846
or
other
appropriate
methods
from
other
reliable
sources.
For
the
determination
of
carbonyl
compounds
by
high­
performance
liquid
chromatography,
you
must
use
appropriate
methods
such
as
Method
8315
of
SW–
846
or
other
appropriate
methods
from
other
reliable
sources.
The
CEM
performance
specifications
are
interim.
The
finalized
CEM
performance
specifications
will
be
published
in
40
CFR
parts
60
and
61.

*
*
*
*
*

Section
3.0
Sampling
and
Analytical
Methods
Note:
The
sampling
and
analytical
methods
to
the
BIF
manual
are
published
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846.

Section
4.0
Procedure
for
Estimating
the
Toxicity
Equivalency
of
Chlorinated
Dibenzo­
p­
Dioxin
and
Dibenzofuran
Congeners
PCDDs
and
PCDFs
must
be
determined
using
the
most
recent
version
of
SW–
846
Method
0023A,
as
identified
and
incorporated
by
reference
in
§
260.11.
In
this
method,
individual
congeners
or
homologues
1
are
measured
and
then
summed
to
yield
a
total
PCDD/
PCDF
value.
No
toxicity
factors
are
specified
in
the
method
to
compute
risks
from
such
emissions.
*
*
*
*
*

Section
10.0—
Alternative
Methodology
for
Implementing
Metals
Controls
*
*
*
*
*
10.3
Basis
*
*
*
*
*
(2)
The
metal
concentrations
in
the
collected
kiln
dust
can
be
accurately
and
representatively
measured
(by
using
appropriate
procedures
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods''
(EPA
Publication
SW–
846)
or
other
reliable
sources).
*
*
*
*
*
10.5
Implementation
Procedures
*
*
*
*
*
(1)
*
*
*
 
Follow
appropriate
guidelines
such
as
those
described
in
SW–
846
or
other
reliable
sources
for
preparing
test
plans
and
waste
analysis
plans
for
the
following
tests:
*
*
*
*
*
(2)
*
*
*
—Follow
appropriate
sampling
and
analytical
procedures
such
as
those
described
in
SW–
846
or
other
reliable
sources
and
the
waste
analysis
plan
as
they
pertain
to
the
condition
and
accessibility
of
the
dust.
*
*
*
*
*
(5)
*
*
*
 
Follow
the
sampling,
compositing,
and
analytical
procedures
described
in
this
method
and
in
other
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources,
as
they
pertain
to
the
condition
and
accessibility
of
the
kiln
dust.
***
 
Samples
must
be
collected
at
least
once
every
8
hours,
and
a
daily
composite
must
be
prepared
according
to
appropriate
procedures
such
as
those
found
in
SW–
846
or
other
reliable
sources.
*
*
*
*
*
10.6
Precompliance
Procedures
*
*
*
*
*
(1)
*
*
*
 
Follow
appropriate
procedures
such
as
those
described
in
SW–
846
or
other
reliable
sources
for
preparing
waste
analysis
plans
for
the
following
tasks:
*
*
*
*
*
(5)
*
*
*
 
Follow
the
sampling,
compositing,
and
analytical
procedures
described
in
this
method
and
in
other
appropriate
methods
such
as
those
found
in
SW–
846
or
other
reliable
sources
as
they
pertain
to
the
condition
and
accessibility
of
the
kiln
dust.
 
Samples
must
be
collected
at
least
once
every
8
hours,
and
a
daily
composite
must
be
prepared
according
to
appropriate
procedures
such
as
those
found
in
SW–
846
or
other
reliable
sources.
*
*
*
*
*

PART
270—
EPA
ADMINISTERED
PERMIT
PROGRAMS:
THE
HAZARDOUS
WASTE
PERMIT
35.
The
authority
citation
for
part
270
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912,
6924,
6925,
6927,
6939,
and
6974.

Subpart
B—
Permit
Application
36.
Section
270.19
is
amended
by
revising
paragraphs
(c)(
1)(
iii)
and
(iv)
to
read
as
follows:

§
270.19
Specific
part
B
information
requirements
for
incinerators.

*
*
*
*
*
(c)
*
*
*
(1)
*
*
*
(iii)
An
identification
of
any
hazardous
organic
constituents
listed
in
part
261,
appendix
VIII,
of
this
chapter,
which
are
present
in
the
waste
to
be
burned,
except
that
the
applicant
need
not
analyze
for
constituents
listed
in
part
261,
appendix
VIII,
of
this
chapter
which
would
reasonably
not
be
expected
to
be
found
in
the
waste.
The
constituents
excluded
from
analysis
must
be
identified
and
the
basis
for
their
exclusion
stated.
The
waste
analysis
must
rely
on
appropriate
analytical
techniques
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
(iv)
An
approximate
quantification
of
the
hazardous
constituents
identified
in
the
waste,
within
the
precision
produced
by
appropriate
analytical
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
*
*
*
*
*
37.
Section
270.22
is
amended
by
revising
paragraph
(a)(
2)(
ii)(
B)
to
read
as
follows:

§
270.22
Specific
part
B
information
requirements
for
boilers
and
industrial
furnaces
burning
hazardous
wastes.

*
*
*
*
*
(a)
*
*
*
(2)
*
*
*
(ii)
*
*
*
(B)
Results
of
analyses
of
each
waste
to
be
burned,
documenting
the
concentrations
of
nonmetal
compounds
listed
in
appendix
VIII
of
part
261
of
this
chapter,
except
for
those
constituents
that
would
reasonably
not
be
expected
to
be
in
the
waste.
The
constituents
excluded
from
analysis
must
be
identified
and
the
basis
for
their
exclusion
explained.
The
analysis
must
rely
on
appropriate
analytical
techniques
such
as
those
found
in
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
EPA
Publication
SW–
846,
or
other
reliable
sources.
*
*
*
*
*

Subpart
F—
Special
Forms
of
Permits
38.
Section
270.62
is
amended
by
revising
paragraphs
(b)(
2)(
i)(
C)
and
(D)
to
read
as
follows:

§
270.62
Hazardous
waste
incinerator
permits.

*
*
*
*
*
(b)
*
*
*
(2)
*
*
*

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/
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30,
2002
/
Proposed
Rules
(i)
*
*
*
(C)
An
identification
of
any
hazardous
organic
constituents
listed
in
part
261,
appendix
VIII
of
this
chapter,
which
are
present
in
the
waste
to
be
burned,
except
that
the
applicant
need
not
analyze
for
constituents
listed
in
part
261,
appendix
VIII,
of
this
chapter
which
would
reasonably
not
be
expected
to
be
found
in
the
waste.
The
constituents
excluded
from
analysis
must
be
identified,
and
the
basis
for
the
exclusion
stated.
The
waste
analysis
must
rely
on
appropriate
analytical
techniques
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
(D)
An
approximate
quantification
of
the
hazardous
constituents
identified
in
the
waste,
within
the
precision
produced
by
appropriate
analytical
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
*
*
*
*
*
39.
Section
270.66
is
amended
by
revising
paragraphs
(c)(
2)(
i)
and
(ii)
to
read
as
follows:

§
270.66
Permits
for
boilers
and
industrial
furnaces
burning
hazardous
waste.

*
*
*
*
*
(c)
*
*
*
(2)
*
*
*
(i)
An
identification
of
any
hazardous
organic
constituents
listed
in
appendix
VIII,
part
261,
of
this
chapter
that
are
present
in
the
feed
stream,
except
that
the
applicant
need
not
analyze
for
constituents
listed
in
appendix
VIII
that
would
reasonably
not
be
expected
to
be
found
in
the
hazardous
waste.
The
constituents
excluded
from
analysis
must
be
identified
and
the
basis
for
this
exclusion
explained.
The
waste
analysis
must
be
conducted
in
accordance
with
appropriate
analytical
techniques
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources.
(ii)
An
approximate
quantification
of
the
hazardous
constituents
identified
in
the
hazardous
waste,
within
the
precision
produced
by
appropriate
analytical
methods
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,
''
EPA
Publication
SW–
846,
or
other
source.
*
*
*
*
*

PART
271—
REQUIREMENTS
FOR
AUTHORIZATION
OF
STATE
HAZARDOUS
WASTE
PROGRAMS
40.
The
authority
citation
for
part
271
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912(
a)
and
6926.

41.
Section
271.1(
j)
is
amended
by
adding
the
following
entry
to
Table
1
in
chronological
order
by
date
of
publication
in
the
Federal
Register,
to
read
as
follows:

§
271.1
Purpose
and
scope.

(j)
*
*
*

TABLE
1.—
REGULATIONS
IMPLEMENTING
THE
HAZARDOUS
AND
SOLID
WASTE
AMENDMENTS
OF
1984
Promulgation
date
Title
of
regulation
Federal
Register
reference
Effective
date
[Date
of
publication
of
final
rule
in
the
Federal
Register
(FR)].
Process
Vent
and
Equipment
Leak
Organic
Air
Emission
Standards
for
Owners
and
Operators
of
Hazardous
Waste
Treatment,
Storage,
and
Disposal
Facilities
[FR
page
numbers]
...........
[Date
of
publication
of
final
rule].

[Date
of
publication
of
final
rule
in
the
Federal
Register
(FR)].
Burning
of
Hazardous
Waste
in
Boilers
and
Industrial
Furnaces.
[FR
page
numbers]
...........
[Date
of
publication
of
final
rule].

[Date
of
publication
of
final
rule
in
the
Federal
Register
(FR)].
Air
Emission
Standards
Tanks,
Surface
Impoundments
and
Containers.
[FR
page
numbers]
...........
[Date
of
publication
of
final
rule].

42.
Section
271.21
is
amended
by
adding
the
following
entry
to
Table
1
in
chronological
order
by
date
of
publication
in
the
Federal
Register,
to
read
as
follows:
§
271.21
Procedures
for
revision
of
State
programs.

*
*
*
*
*

TABLE
1
TO
SEC.
271.21
Title
of
regulation
Promulgation
date
Federal
Register
reference
Office
of
Solid
Waste
Testing
and
Monitoring
Activities,
Methods
Innovation
Rule.
[Date
of
publication
of
final
rule
in
the
Federal
Register
(FR)].
[FR
page
numbers].

Process
Vent
and
Equipment
Leak
Organic
Air
Emission
Standards
for
Owners
and
Operators
of
Hazardous
Waste
Treatment,
Storage,
and
Disposal
Facilities.
[Date
of
publication
of
final
rule
in
the
Federal
Register
(FR)].
[FR
page
numbers].

Burning
of
hazardous
waste
in
boilers
and
industrial
furnaces
[Date
of
publication
of
final
rule
in
the
Federal
Register
(FR)].
[FR
page
numbers].

Air
Emissions
Standards
for
Tanks,
Surface
Impoundments
and
Containers.
[Date
of
publication
of
final
rule
in
the
Federal
Register
(FR)].
[FR
page
numbers].

PART
279—
STANDARDS
FOR
THE
MANAGEMENT
OF
USED
OIL
43.
The
authority
citation
for
part
279
continues
to
read
as
follows:
Authority:
Sections
1006,
2002(
a),
3001
through
3007,
3010,
3014,
and
7004
of
the
Solid
Waste
Disposal
Act,
as
amended
(42
U.
S.
C.
6905,
6912(
a),
6921
through
6927,
6930,
6934,
and
6974);
and
sections
101(
37)
and
114(
c)
of
CERCLA
(42
U.
S.
C.
9601(
37)
and
9614(
c)).

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/
Vol.
67,
No.
210
/
Wednesday,
October
30,
2002
/
Proposed
Rules
Subpart
B—
Applicability
44.
Section
279.10
is
amended
by
revising
paragraph
(b)(
1)(
ii)
introductory
text
to
read
as
follows:

§
279.10
Applicability.

*
*
*
*
*
(b)
*
*
*
(1)
*
*
*
(ii)
Rebuttable
presumption
for
used
oil.
Used
oil
containing
more
than
1,000
ppm
total
halogens
is
presumed
to
be
a
hazardous
waste
because
it
has
been
mixed
with
halogenated
hazardous
waste
listed
in
subpart
D
of
part
261
of
this
chapter.
Persons
may
rebut
this
presumption
by
demonstrating
that
the
used
oil
does
not
contain
hazardous
waste
(for
example,
by
using
an
appropriate
analytical
method
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Chemical/
Physical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources
to
show
that
the
used
oil
does
not
contain
significant
concentrations
of
halogenated
hazardous
constituents
listed
in
appendix
VIII
of
part
261
of
this
chapter).
*
*
*
*
*

Subpart
E—
Standards
for
Used
Oil
Transporter
and
Transfer
Facilities
45.
Section
279.44
is
amended
by
revising
the
introductory
text
of
paragraph
(c)
to
read
as
follows:

§
279.44
Rebuttable
presumption
for
used
oil.

*
*
*
*
*
(c)
If
the
used
oil
contains
greater
than
or
equal
to
1,000
ppm
total
halogens,
it
is
presumed
to
be
a
hazardous
waste
because
it
has
been
mixed
with
halogenated
hazardous
waste
listed
in
subpart
D
of
part
261
of
this
chapter.
The
owner
or
operator
may
rebut
the
presumption
by
demonstrating
that
the
used
oil
does
not
contain
hazardous
waste
(for
example,
by
using
an
appropriate
analytical
method
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Chemical/
Physical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources
to
show
that
the
used
oil
does
not
contain
significant
concentrations
of
halogenated
hazardous
constituents
listed
in
Appendix
VIII
of
part
261
of
this
chapter).
*
*
*
*
*

Subpart
F—
Standards
for
Used
Oil
Processors
and
Re­
Refiners
46.
Section
279.53
is
amended
by
revising
paragraph
(c)
introductory
text
to
read
as
follows:

§
279.53
Rebuttable
presumption
for
used
oil.

*
*
*
*
*
(c)
If
the
used
oil
contains
greater
than
or
equal
to
1,000
ppm
total
halogens,
it
is
presumed
to
be
a
hazardous
waste
because
it
has
been
mixed
with
halogenated
hazardous
waste
listed
in
subpart
D
of
part
261
of
this
chapter.
The
owner
or
operator
may
rebut
the
presumption
by
demonstrating
that
the
used
oil
does
not
contain
hazardous
waste
(for
example,
by
using
an
appropriate
analytical
method
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Chemical/
Physical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources
to
show
that
the
used
oil
does
not
contain
significant
concentrations
of
halogenated
hazardous
constituents
listed
in
Appendix
VIII
of
part
261
of
this
chapter).
*
*
*
*
*

Subpart
G—
Standards
for
Used
Oil
Burners
Who
Burn
Off­
Specification
Used
Oil
for
Energy
Recovery
47.
Section
279.63
is
amended
by
revising
paragraph
(c)
introductory
text
to
read
as
follows:

§
279.63
Rebuttable
presumption
for
used
oil.

*
*
*
*
*
(c)
If
the
used
oil
contains
greater
than
or
equal
to
1,000
ppm
total
halogens,
it
is
presumed
to
be
a
hazardous
waste
because
it
has
been
mixed
with
halogenated
hazardous
waste
listed
in
subpart
D
of
part
261
of
this
chapter.
The
owner
or
operator
may
rebut
the
presumption
by
demonstrating
that
the
used
oil
does
not
contain
hazardous
waste
(for
example,
by
using
an
appropriate
analytical
method
such
as
those
found
in
``
Test
Methods
for
Evaluating
Solid
Waste,
Chemical/
Physical
Methods,
''
EPA
Publication
SW–
846,
or
other
reliable
sources
to
show
that
the
used
oil
does
not
contain
significant
concentrations
of
halogenated
hazardous
constituents
listed
in
Appendix
VIII
of
part
261
of
this
chapter).
*
*
*
*
*
[FR
Doc.
02–
26441
Filed
10–
29–
02;
8:
45
am]

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