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37194 Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Parts 148, 260, 261, 262, 264,

265, 268, 270 and 271

[FRL-4132-41

RIN 2050-AD36

Land Disposal Restrictions for NewlyListed Wastes and Hazardous Debris

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: The Environmental ProtectionAgency (EPA) is finalizing treatmentstandards under the land disposalrestrictions (LDR) program for certainhazardous wastes listed after November8, 1984, pursuant to a proposed consentdecree filed with the District Court thatestablished a promulgation date of June1992 (EDF v. Reilly, Civ. No. 89-0598,D.D.C.). EPA is also finalizing revisedtreatment standards for debriscontaminated with listed hazardouswaste or debris that exhibits certainhazardous waste characteristics(hereinafter referred to as hazardousdebris), and several revisions topreviously promulgated standards andrequirements. These actions are beingtaken as part of the RCRA ReformInitiative, and are expected to facilitateimplementation of the LDR program.EFFECTIVE DATES: This final rule iseffective on June 30, 1992, except for§ § 148.17(a), 260.10, 261.3(c)(2)(ii)(C),268.2, 268.5, 268.7, 268.9, 268.36(a), 268.40,268.41, 268.42, 268.43, 268.45, 268.46,268.50, 270.14, 270.42, 270.72, and 271.1,which are effective November 16, 1992;and § § 262.34, 264.110, 264.111, 264.112,264.140, 264.142, part 264 subpart DD,265.110, 265.111, 265.112, 265.140, 265.142,265.221, and part 265 subpart DD, whichare effective February 18, 1993.ADDRESSES: The official record for thisrulemaking is identified as DocketNumber F-92-CD2F-FFFFF, and islocated in the EPA RCRA Docket, room2427, 401 M Street SW., Washington, DC20460. The docket is open from 9 a.m. to4 p.m., Monday through Friday, excepton Federal holidays. The public mustmake an appointment to review docketmaterials by calling (202) 260-9327. Amaximum of 100 pages from the docketmay be copied at no cost. Additionalcopies cost $.15 per page.FOR FURTHER INFORMATION CONTACT:For general information, contact theRCRA Hotline at (800) 424-9346 (tollfree) or (703) 920-9810 locally. Forinformation on treatment standards forsiewly listed wastes or hazardous

debris, contact the Waste TreatmentBranch, Office of Solid Waste (OS-322W), U.S. Environmental ProtectionAgency, 401 M St., SW., Washington, DC20460, (703) 308-8434. For information oncapacity determinations or nationalcapacity variances, contact the CapacityPrograms Branch, Office of Solid Waste(OS-321W), U.S. EnvironmentalProtection Agency, 401 M Street, SW.,Washington, DC 20460, (703) 308-8440.SUPPLEMENTARY INFORMATION:

Outline

I. BackgroundA. Summary of the Hazardous and Solid

Waste Amendments of 1984B. Pollution Prevention (Waste

Minimization) BenefitsII. Summary of Final Rule

A. Newly Listed WastesB. Changes to Current RegulationsC. Hazardous Debris

III. Detailed Discussion of Final Rule: NewlyListed Wastes

A. Recent Petroleum Refining Wastes (F037and F038)

B. Wastes from the Production ofUnsymmetrical Dimethylhydrazine(K107, K108, K109, and Kilo)

C. 2-Ethoxyethanol Wastes (U359)D. Wastes from the Production of

Dinitrotoluene and Toluenediamine(Klll and Kl12, U328 and U353)

E. Wastes from the Production of EthyleneDibromide (K117, K118. and K136) andWastes from the Production of MethylBromide (K131 and K132)

F. Wastes from the Production ofEthylenebisdithiocarbamic Acid (K123,K124, K125, and K126)

IV. Detailed Discussion of Final Rule:Changes to Existing Regulations

A. Revisions to the F001-F005 SpentSolvents Treatment Standards

B. Conversion of Wastewater StandardsBased on Scrubber Water

C. Revisions to Treatment. Standards forK061, K062, and F006

D. Vanadium: Treatment Standards andAppendix VIII

E. Notification and Certification forCharacteristic Wastes

F. Wastes Listed Because they Exhibit aCharacteristic

C. Storage and Treatment in ContainmentBuildings

H. Retrofitting Surface ImpoundmentsUnder Land Disposal Restrictions

V. Detailed Discussion of Final Rule:Hazardous Debris

A. OverviewB. Definitions of Debris and Hazardous

DebrisC. Treatment Standards for Hazardous

DebrisD. Exclusion of Hazardous Debris from

Subtitle C RegulationE. Regulation of Treatment ResidualsF. Permit Requirements for Treatment

FacilitiesG. Capacity Variance for Hazardous DebrisH. Other Issues

VI. Capacity Determinations

A. Capacity Analysis Results SummaryB. Available CapacityC. Petroleum Refining Wastes and Other

Organic WastesD. Required and Available Capacity for

Newly Listed Wastes Mixed withRadioactive Contaminants

E. Required and Available Capacity forDebris Contaminated with Newly ListedWastes

F. Capacity Determination for UndergroundInjected Wastes

G. Revisions to Treatment Standards forK061, F006, and K062

VII. ImplementationA. Facilities Qualifying for Interim Status

Due to Storage of Prohibited WastesB. Containment Buildings at Generator

SitesC. Addition of Waste Management

Capacity at Permitted and Interim StatusFacilities

D. Conversion of Enclosed Waste Piles toContainment Buildings at Permitted andInterim Status Facilities

VIII. State AuthorityA. Applicability of Rules in Authorized

StatesB. Effect on State Authorization

IX. Regulatory RequirementsA. Economic Impact Screening Analysis

Pursuant to Executive Order 12291B. Regulatory Flexibility AnalysisC. Paperwork Reduction Act

I. Background

A. Summary of the Hazardous and SolidWaste Amendments of 1984

The Hazardous and Solid WasteAmendments (HSWA) to the ResourceConservation and Recovery Act(RCRA), enacted on November 8, 1984,allow hazardous wastes to be landdisposed only if they satisfy either oftwo conditions: (1) They can either betreated, or otherwise satisfy, therequirement of section 3004(m), whichprovision requires EPA to set levels ormethods of treatment, if any, whichsubstantially diminish the toxicity of thewaste or substantially reduce thelikelihood of migration of hazardousconstituents from the waste so thatshort-term and long-term threats tohuman health and the environment areminimized; or (2) they can be landdisposed in units satisfying the so-calledno-migration standard in sections 3004(d)(1), (e)(1), and (g)(5). Land disposalincludes any placement of hazardouswaste in a landfill, surfaceimpoundment, waste pile, injection well,land treatment facility, salt domeformation, salt bed formation, orunderground mine or cave. RCRAsection 3004(k).

EPA was required to promulgate landdisposal prohibitions and treatmentstandards by May 8, 1990 for all wastesthat were either listed or identified ashazardous at the time of the 1984

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Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations

amendments, a task EPA completedwithin the statutory timeframes. RCRAsection 3004 (d), (e), and (g). EPA is alsorequired to promulgate prohibitions andtreatment standards for wastesidentified or listed after the date of the1984 amendments (wastes referred to inthis notice as "newly listed andidentified wastes") within six monthsafter the listing or identification takeseffect. RCRA section 3004(g)(4). EPA hasfiled with the District Court a proposedconsent decree that would put theAgency on a schedule for adoptingprohibitions and treatment standards fornewly identified and listed wastes. Thepromulgation date for the newly 'identified and listed wastes dealt within this rule is set for June 1992. (EDT v.Reilly, Civ. No. 89-0598, D.D.C.)

The land disposal restrictions areeffective upon promulgation. RCRAsection 3004(h)(1). However, theAdministrator may grant a nationalcapacity variance from the effectivedate and establish a later effective date(not to exceed two yearsl based on theearliest date on which adequatealternative treatment, recovery, ordisposal capacity which protects humanhealth and the environment will beavailable. RCRA section 3004(h)(2). TheAdministrator may also grant a case-by-case extension of the effective date forup to one year, renewable once for up toone additional year, when anapplicant(s) successfully makes certaindemonstrations. RCRA section3004(h)(3). See 55 FR 22526 (une 1, 1990)for a more detailed discussion onnational capacity variances and case-by-case extensions.

In addition to prohibiting landdisposal of hazardous wastes, Congressprohibited storage of any waste which isprohibited from land disposal unlesssuch storage is solely for the purpose ofthe accumulation of such quantities ofhazardous waste as are necessary tofacilitate proper recovery, treatment ordisposal. RCRA section 3004(j). Theprovision applies, of course, only tostorage which is not also defined asland disposal in section 3004(k).

B. Pollution Prevention (WasteMinimization) Benefits

EPA's progress over the years inimproving environmental qualitythrough its media-specific pollutioncontrol programs has been substantial.Over the past two decades, standardindustrial practice for pollution controlconcentrated to a large extent on "end-of-pipe" treatment or land disposal ofhazardous and nonhazardous wastes.EPA believes that reducing oreliminating discharges and/or emissionsto the environment through the

implementation of environmentallysound recycling and source reductionpractices sometimes offer more costeffective ways of achievingenvironmental goals.

The Agency has identified a numberof waste streams where environmentallysound recycling has been identified asBDAT. For example, we arepromulgating today in section IV.Calternate treatment standards forelectroplating sludges (F006) and spentpickle liquor (K062), based on hightemperature metals recovery (HTMR).The Agency has determined that manyof these wastes have sufficientconcentrations of metals (nickel andchromium), with low concentrations ofinterfering chemicals, to be amenablefor recovery in HTMR units. Moreover.the Agency is granting a genericexclusion for F006 and K062 HTMRnonwastewater residuals, provided thatthese residuals meet designatedconcentration levels, are disposed of inSubtitle D units, and exhibit nocharacteristics of hazardous waste.(This exclusion is similar to the one thatwas promulgated on August 8, 1991 forK061. See 56 FR 41164; August 19, 1991.)The Agency expects that theseprovisions will encourage moregenerators to choose treatmenttechnologies for their wastes which alsorecover some materials for reuse. Inaddition, treatment standards for thenewly listed petroleum refining wastes(F037 and F038) are based on somerecovery technologies (critical fluidextraction and thermal desorption), aswell as on incineration.

II. Summary of Final RuleToday's final rule is the first

rulemaking adopting treatmentstandards for newly identified and listedwastes as outlined in the consent decreedescribed above.

Before discussing the final rule, EPAnotes that certain aspects of the rulecould be affected by the recentlyproposed rule (57 FR 21450, May 20,1992) dealing with the question of whenwastes are hazardous, concentrationlevels and circumstances when wastesare not hazardous, as well ascircumstances when land disposalprohibitions might and might not apply.At present, however, the mixture andderived from rules remain in effect (57FR 7628, March 3, 1992). and so apply tothe rule adopted today. In addition, asexplained in more detail later in thepreamble, the Agency is codifying theso-called contained-in policy withrespect to contaminated debris, and thepreamble likewise explains how andwhen debris can be a hazardous wastebased on application of this principle.

A. Newly Listed Wastes. EPA has promulgated a number of

hazardous waste listings sinceenactment of HSWA in 1984. Section IIIof today's rule describes the treatmentand/or recycling technologies thathavebeen identified as BDAT for 20 of theselistings and finalizes LDR treatmentstandards based on BDAT. Wastesincluded in today's rule includepetroleum refining wastes (F037 andF038), wastes from the production ofunsymmetrical dimethyihydrazine(K107-Kl10), wastes from theproduction of dinitrotoluene andtoluenediamine (Kill and K112), wastesfrom the production of ethylenedibromide (Kl17, K118, and K136),wastes from the production ofethylenebisdithiocarbamic acid (K123-K126), wastes from the production ofmethyl bromide (K131 and K132), andseveral organic U wastes (U328, U353,and U359). Future proposals will includenewly listed wastes not covered intoday's rule. Soil contaminated with thenewly listed wastes for which standardsare finalized today will be addressed ina future proposal.

B. Changes to Current Regulations

The Agency is finalizing revisions tothe existing treatment standards fororganic constituents in F001-F005wastes, involving conversion from TCLPstandards to standards based on totalconcentrations. In addition, the Agencyis finalizing the conversion ofwastewater standards for 24 F and Kwaste codes based on wastewatertreatment data for the constituents ofconcern.

EPA is also finalizing alternatetreatment standa'ds for F006 and K062,and is also extending the K061 genericexclusion published on August 19, 1991(56 FR 41164) to certain F006 and K062wastes. The generic exclusion levelshave been slightly revised to reflect asomewhat different fate and transportmodel, the EPA Composite Model forLandfills (EPA CML.

EPA is also revising the notificationand certification for prohibitedcharacteristic wastes and clarifyingexisting rules regarding the status underpart 268 of wastes listed solely becausethey exhibit a characteristic.

Finally, EPA is establishing a newwaste management unit known as acontainment building. EPA is indicatingthat containment buildings are not landdisposal units, so. that hazardous wastesmay be managed in such units withoutfirst meeting treatment standards.

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C. Hazardous DebrisDebris contaminated with listed

prohibited wastes is already subject tothe LDR treatment standards for thosewastes, as is debris exhibiting ahazardous waste characteristic forwhich EPA has promulgated treatmentstandards. Today, the Agency is revisingthe treatment standards for such debris.The Agency is also finalizing treatmentstandards for debris that iscontaminated with those newly listedwastes for which standards arepromulgated in this rule. This rule doesnot identify or list any debris ashazardous, and so does not bring anyadditional debris into the subtitle Cmanagement system. Only hazardousdebris that is currently subject tosubtitle C standards is covered bytoday's rule. The Agency is requiringhazardous debris to be treated prior toland disposal, using specifictechnologies from one or more of thefollowing families of debris treatmenttechnologies: Extraction, destruction, orimmobilization. In the alternative,hazardous debris may continue to behandled in accordance with theAgency's contained-in policy, and somay be land disposed if it no longer"contains" a hazardous waste.

To ensure effective treatment ofdebris (i.e., treatment sufficient toconstitute BDAT), treatment must beperformed in accordance with specifiedperformance standards (see new Table 1in today's rule]. The consequence ofperforming this treatment would be two-fold. Not only would the debris nolonger be prohibited from land disposal,but EPA would consider the treateddebris to no longer be or contain ahazardous waste provided a destructionor extraction technology is used for alldebris types/contaminant combinationsand provided that the treated debrisdoes not exhibit any characteristic ofhazardous waste. Such treated debriscould, therefore, be reused, returned tothe natural environment, or disposed ofin a subtitle D facility.

Residuals generated from thetreatment of debris contaminated withlisted wastes would still be hazardouswastes by virtue of the derived-fromrule and would be subject to thehazardous waste management system.The Agency is today requiring thatresiduals generated from the treatmentof hazardous debris be subject to thenumerical treatment standards for thewastes contaminating the debris. Adetailed discussion is provided insection V.G.

Finally, the Agency considered andrejected proposing numerical standardsfor hazardous debris because of the

difficulty of sampling hazardous debris.However, based on numerous commentsto the proposed rule, EPA is allowingpeople the option of treating debris tomeet the existing treatment standards.Such debris would remain hazardouswaste under the derived-from rule,unless delisted.

III. Detailed Discussion of Final Rule:Newly Listed Wastes

Since the enactment of HSWA in 1984,EPA has promulgated a number ofhazardous waste listings under 40 CFRpart 261 subpart D and has expandedthe number of wastes covered under 40CFR part 261 subpart C. This section oftoday's rule describes the treatmentand/or recycling technologies that havebeen identified as BDAT for 20 of these"newly listed" wastes. The Agency isfinalizing treatment standards under 40CFR 268.41. .42, and .43 for these wastesbased on the transfer of performancedata from treating other hazardouswastes that have been determined to besimilar or more difficult to treat thanthese wastes.

This section does not, however,finalize treatment standards for thefollowing newly identified or listedhazardous wastes: Those recentlyidentified under the TC rule (D018.-D043); characteristic wastes generatedby mineral processing activities; spentpotliners from aluminum manufacturing(K088); and listed wastes from woodpreserving (F032, F034, and P035). Thesewastes, as well as wastes from cokingoperations and chlorotolueneproduction, will be addressed insubsequent Federal Register notices.

Before discussing these new treatmentstandards, the Agency wishes to clarifyone point as to its methodology inestablishing treatment standards. TheAgency has explained in a number ofpast preambles that it accounts fortreatment process variability inestablishing treatment standards, anddoes so by applying a statisticallyderived variability factor to the meanconcentration of constituentconcentrations in treatment residuesfrom the model BDAT technologies (see55 FR 22539 as an example). Thisvariability factor, EPA has explained, isderived through a quantitativeprocedure that determines the statistical99th percentile for the treatmentstandard.

Some commenters have inferred fromthis explanation that the treatmentstandards can only be achieved 99percent of the time even by properlyoperated treatment units. This is anincorrect inference, although EPAacknowledges that some of its preamblelanguage has promoted this reading. In

fact, EPA expects the treatmentstandards to be achievable 100 percentof the time by properly operatingfacilities. Data points above the 99thpercentile of the statistical model wouldin fact represent extreme departuresfrom the mean and almost certainlyreflect quality control problems inoperation of the treatment technology.All of the data used in establishingtreatment standards are actually muchlower than 99th percentile values, aswell as values in excess of that 99thpercentile. (In addition, as EPA hasalready explained, for standards basedon combustion technology, thetechnology routinely reduces wasteconcentrations to lower than detectionvalues, yet the treatment standardsnevertheless apply a variability factor toa numerical detection limit, resulting intreatment standards that are "greaterthan the achievable levels (which are ator below the detection limits) andshould be easily met by a well-designed,well-operated incineration system."

A. Recent Petroleum Refining Wastes(F037 and F038)

F037-Any sludge generated from thegravitational separation of oil/water/solidsduring the storage or treatment of processwastewaters and oily cooling wastewatersfrom petroleum refineries. Such sludgesinclude, but are not lirited to, those3enerated in: Oil/water/solids separators;tanks and impoundments; ditches andother conveyances, lumps. and stormwaterunits receiving dry weather flow. Sludgegenerated in storm water units that do notreceive dry weather flow, sludgesgenerated from non-contact once-throughcooling waters segregated for treatmentfrom other process or oily cooling waters,sludges generated in aggressive biologicaltreatment units as defined in 40 CFR§ 261.31(b){2) (including sludges generatedin one or more additional units afterwastewaters have been treated inaggressive biological treatment units) andK051 wastes are not included in this listing

F038--Any sludge and/or float generatedfrom the physical and/or chemicalseparation of oil/water/solids in processwastewaters and oily cooling wastewatersfrom wastewaters from petroleumrefineries. Such wastes include, but are notlimited to, all sludges and floats generatedin: Induced air flotation (LA9 units, tanksand impoundments, and all sludgesgenerated in DAF units. Sludges generatedin storm water units that do not receive dryweather flow, sludges generated from non-contact once-through cooling waterssegregated for treatment from other processor oily cooling waters, sludges and floatsgenerated in aggressive biologicaltreatment units as defined in § 261.31(b)(2)(including sludges and floats generated inone or more additional units afterwastewaters have been treated inaggressive biological treatment units) and



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F037,-K048, and Ko5i Wastes are notincluded in-this listing

F037 and F038 are hazardous wastesgenerated by facilities in the petroleumrefining industry. Detailed technicaldescriptions of the specific processes oroperations that generate these twowastes can be found in 45 FR 74884,May 19, 1980;, 55 FR 46354, November 2,1990; 56 FR 21955, May 13, 1991; and theassociated listing background document.

EPA is today promulgating treatmentstandards for F037 and F038; thesestandards are the same as thoseproposed on January 9, 1992 (57 FR 958).(The specific regulated constituents andtreatment standards for these wastesare listed in the tables at the end of thissection). Since EPA is promulgatingconcentration levels as the treatmentstandards for wastewater andnonwastewater forms of F037 and F038,any treatment technology capable ofreaching the treatment standards can beused except for impermissible dilution.

EPA's rationale and technical detailsfor promulgating today's treatmentstandards can be found later in thissection of the preamble and in the FinalBDAT Backgrouhd Document for F037and F038. However, in summary,commenters to the January 9, 1992,proposal generally concurred with EPA'sassertion that F037 and F038 havesimilar treatment characteristics tothose of K051 and K048 (as well as otherpetroleum wastes). Most commentersalso supported the transfer of availableK048--K052 performance data from K048to F038 and from K051 and K049 to F037.In fact, new data submitted to EPA inresponse to the May 30, 1991, AdvanceNotice of Proposed Rulemaking(ANPRM) and the January 9, 1992.proposal corroborates EPA'stransferring of existing K048-K052performance data to F037 and FO38.These new data show that there areother technologies in addition toincineration and solvent extraction thatare capable of achieving the treatmentstandards for the regulated constituentsof concern in petroleum wastes believedas difficult to treat as F037 and F038.

The majority of commenters alsosupported EPA's proposal for regulatingthe same constituents in F037 and F038that are regulated in K051 and K048.These commenters agreed with EPA thatadoption of the proposal should reducethe administrative requirements andcompliance efforts required for thepetroleum wastes.

1. Regulated Constituents

EPA proposed regulating up to 18BDAT List hazardous constituents thatare known to be present in wastewater

or'non-wastewater forms of F037 or F038as well as additional hazardousconstituents likely to be present in F037and F038 because they are known to bepresent in K048 and K(051. (Seediscussion in January 9, 1992, proposedrule, 57 FR 962.)

One commenter who generatespetroleum wastes such as API and DAFsludges, submitted data characterizing"four K sludges and five potentialrefinery F waste sludges from fivesurface impoundments." The commenterbelieves that these data do not supportthe inclusion of most of the constituentsof concern associated with the LDRs.

EPA is not persuaded to change itsproposed approach. The fact that thecommenter's presumably untreated K orF sludges do not show certainconstituents at or above detection levelsshould not be construed as an indicationthat those undetected constituents wereabsent. EPA's treatment studies onpetroleum wastes have shown, in fact,that it is not unusual for hazardousconstituents to go undetected inuntreated wastes due to analytic matrixinterferences and, later on, be measuredin the treated wastes when theinterferences are removed by treatment.In addition, several members of theregulated community responding to theANPRM of May 30, 1991, commentedthat F037 and F038 wastes are likely toshow variabilities in chemical andphysical composition and in thetreatment characteristics for the same Kor F wastes from one refinery toanother.

EPA is therefore promulgatingtreatment standards for all thoseconstituents proposed for regulation.Regulating the same constituentspresent in K048 and K051 should reducethe administrative req irements andcompliance efforts for all of thesepetroleum wastes. (See Response toTechnical Comments BackgroundDocument for additional discussion.)

2. Treatment Standards for WastewatersEPA proposed to transfer the

treatment standards for organics inwastewater forms of F037 and F038 fromthe F039 wastewater treatmentstandards (multi-source leachate). TheseF039 wastewater treatment standardswere also proposed as a revision toK048 and K051. All commenterssupported this proposal. As a result,EPA is promulgating these wastewatertreatment standards for F037 and F038.

For metals in wastewater forms ofF037 and F038, the treatment standardsare based on chromium reductionfollowed by lime and sulfideprecipitation and vacuum filtration. Forcyanides in wastewater forms of F037

and F038, th6 treatment standards arebased on incineration. Levels-of cyaiidewere measured; in fact, in K048incineration scrubber waters. EPA doesnot expect any constituents in F037 andF038 to interfere or behave differentlyfrom those constituents in K048-K052 orfrom the other wastes from whichperformance data were transferred.

3. Treatment Standards forNonwastewaters

EPA is promulgating the treatmentstandards for F037 and F038nonwastewaters that were proposed. Inparticular, the treatment standardsproposed for the metals innonwastewater forms of f037 and F038were based on stablization of K048-K052 solvent extraction residuals; thus,these standards are set asconcentrations measured in wasteextracts (as measured by the TCLP).Similarly, EPA proposed for cyanide innonwastewater forms of F037 and F038treatment standards based onincineration of K048 and K051. Owing tothe similarities in waste composition ofF037 and F038 to K048--K052,stabilization is considered BDAT for themetals in F037 and F038nonwastewaters and incineration isconsidered BDAT for cyanide in F037and F038 nonwastewaters.

The proposed treatment standards for*the organics in nonwastewater forms ofF037 and F038 were based on theincineration and solvent extraction ofK048-K052. Owing to the similarities inwaste composition of F037 and F038 toK048-K052, EPA has determined thatincineration and solvent extraction arealso BDAT for F037 and F038. Themajority of the commenters supportedthis determination by EPA. In doing so,EPA is applying the same approach asused to develop treatment standards forthe K048-K052 wastes in the Third Thirdrule. In essence, allowing somewhatmore lenient treatment standards thanthose based on performance ofincineration alone, which standardsnevertheless result in substantialreductions in waste toxicity and alsoallow for hydrocarbon recovery,furthering statutory resource recoveryobjectives.

EPA's modified methodology of June1, 1990, incorporates protocols that take

,into account several concerns that wereexpressed by members of the regulatedcommunity and hazardous wastetreatment industry at that time withregard to the use and the applicability ofhydrocarbon recovery technologies forthe whole spectrum of petroleumrefining wastes. EPA also adopted themodified statistical analysis for

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determining which technology performsbest so as not to preclude the use of oneor more hydrocarbon recoverytechnologies that can significantlyreduce levels of toxic organics in thesewastes, and also recover some of thewastes' hydrocarbon values.

After evaluating comments on theThird Third proposal, EPA determinedthat it was appropriate to promulgatetreatment standards based on bothincineration and hydrocarbon recoverytechnologies. EPA concluded furtherthat although treatment standards basedon solvent extraction may be somewhathigher (i.e., less stringent) than thosebased on incineration, solventextraction was still providingsubstantial treatment to the organics ofconcern. In addition, EPA determinedthat solvent extraction provided thebenefit of recovering valuable oil, andthis benefit could also be provided byother available hydrocarbon recoverytechnologies such as thermal distillation.(See 55 FR 22596, June 1, 1990). Thissame reasoning applies to the F037/F038wastes that are the subject of today'srule.

4. Response to Major Comments

The Agency is responding in thispreamble to a number of the majorcomments received in response to theJanuary 9, 1992, proposal. The majorissues raised and addressed in thissection are:

• Grab versus Composite Samples.a Must the Treatment Standards for

Nonwastewater Organics be MoreStringent?

Other comments received by theAgency, including the review of newperformance data, are addressed by theAgency in the Response to TechnicalComments Background Document that isavailable in the docket associated withthis rulemaking.

a. Grab versus Composite Samples.The American Petroleum Institute (API)and the National Petroleum RefinersAssociation (NPRA) are both tradeassociations that represent mostmembers of the petroleum refiningregulated community. API and NPRAsupport EPA's proposed treatmentstandards for the organics inwastewater forms of F037 and F038.Since the majority of the treatmentperformance data are based oncomposite samples from wastewatertreatment processes, API and NPRAurged the Agency to enforce theapplicable treatment standards forwastewater forms based on compositesamples and not on grab samples.

EPA in fact, enforces treatmentstandards based on the samplinganalysis protocol used (i.e., grab or

composite) to support promulgatn ofthe standard, §§ 268.41(a), 268.43(a).EPA's proposal mistakenly stated in thepreamble tables that enforcement ofthese wastewater treatment standardswould be based solely on grab samplesfor all the regulated constituents. EPA iscorrecting this error in the final rule.(See 268.41 and 268.43).

b. Should the Treatment Standards forNon wastewater Organics be MoreStringent? TDI Thermal Dynamics(formerly Southdown ThermalDynamics) resubmitted comments on athermal process that enables therecovery of valuable organics frompetroleum wastes while reducing thevolume of wastes needing land disposal.TDI's data are based on the treatment ofK048, K049, and K051 by a thermaldistillation patented process referred toby the commenter as "HT-5 Process."TDI's data show that all the proposedorganic treatment standards can beachieved, indeed, potentially surpassed,through use of this technology.

Another treatment company, Retec,also submitted comments in support ofthe proposed treatment standards.Retec's comments include performancedata from an "8,000 gallon prototypeunit" and some "field data" that havetreated sludges of K048, K050, K051,F037, and F038 by biological treatment.Retec refers to its biological treatmentprocess as the "bioslurry process."These data show that most of theconstituents of concern can be treated toachieve (or, in some cases, surpass) thetreatment standards.

The two commenters' ultimate point isthat their technologies remove moretoxics than the proposed levels andshould therefore be the basis for thepromulgated standards.

Comments submitted by TDI and theNatural Resourcel Defense Council(NRDC) also state that EPA's proposedF037 and F038 treatment standards arenot protective of human health and theenvironment and so do not satisfy theRCRA section 3004(m) criteria requiringsubstantial reduction in the toxicity ofthe waste so that threats to humanhealth and the environment areminimized. TDI believes, in fact, thattheir "HT-5 Process", the CF Systems'five-path process, and fluidizedincineration meet the 3004(m) criteriaand that data from these three processesshould support promulgation of morestringent standards. TDI and NRDC alsourged EPA to promulgate treatmentstandards that are pursuant to EPA'sprotocols to establish "best" treatmentand that conform to Congressionalintent in section 3004(m).

EPA has reviewed comments fromTDI and NRDC. Based on this review,

EPA is not persuaded to promulgatemore stringent standards. EPA alsobelieves (contrary to TDI's and NRDC'spositions) that today's promulgatedtreatment standards provide substantialtreatment of F037 and F038 wastes.

First, EPA is not persuaded byNRDC's comments that. by settingtreatment standards for F037 and F038based on "less effective treatmenttechnologies such as incineration (andsolvent extraction), (EPA) may diminishthe market and the availability of HT-5for mixed wastes." Even if this were arelevant consideration, which it mostlikely is not, today's promulgatedtreatment standards are expressed as aconcentration-based level for all of the(organic) constituents regulated innonwastewater forms of F037 and F038.EPA has clearly emphasized that today'sstandards do not preclude the use ofother treatment or recoverytechnologies.

The actual issue is whether the statuterequires that technology-basedtreatment standards be optimized, i.e.,be technology-forcing, in all cases(always assuming that the jurisdictionalminimize threat level is not yet reached).or whether treatment that results insubstantial reduction of waste toxicity issufficient.

Technology-based treatmentstandards are permissible as a means ofachieving the statutory objective oftreatment that minimizes threats giventhe current uncertainty in determiningwhat that level is (see 55 FR 6641,February 26, 1990) and HWTC v. EPA,886 F. 2d 355, 362 (D.C. Cir. 1989).(However, technology standards are notthe only means to achieve the statutoryobjectives. For example, the Agencyrecently proposed concentration levelsthat could serve as "minimize threatlevels", which could requiremodification of a purely technology-based approach to establishingtreatment standards (57 FR 21450, May20, 1992.)) However, these technology-based standards need not be technologyforcing. Rather, the Agency has statedthat treatment standards are to be basedon the use of available technologies thatare capable of substantially reducing thethreats that the wastes may pose whenthey are land disposed (55 FR 6641).

The legislative history confirms thatCongress did not necessarily envisionsection 3004(m) treatment standards tobe technology-forcing, such as these thecommenters advocate. Rather, suchstandards were intended to require theuse of generally available effectivetypes of treatment (see 125 Cong. Rec.S9178, July 25, 1984, statement ofSenator Chaffee introducing the



Federal Register / Vol. 57, No. 160 / TuesdAy, August 18, 1992 / Rules and Regulations

amendment that became section 3004

The requisite levels [or] methods oftreatment established by the Agency shouldbe the best that has [sic] been demonstratedto be available, This does not require a BAT-type process as under the Clean Air or CleanWater Acts which contemplates technology-forcing standards. The intent here is torequire utilization of available technologiesin lieu of continued land disposal withoutprior treatment. (Congressional Record ofJuly 25,2 964. S9178).

Thus, standards based on use of"best" treatment technologies need notbe limited to optimally performingtreatment (as under the Clean WaterAct), but include available types oftreatment that substantially reducewastes' toxicity and short-term andlong-term threats the wastes could posewhen land disposed.

In light of this legislative intent andthe fact that BDAT for F037 and F038wastes is based on the performance oftwo commercially available treatmenttechnologies that provide substantialtreatment to petroleum wastes that areas difficult to treat as F037 and F038,EPA believes that the BDATMethodology adopted in this rulemakingis justified and allowed under 3004(m).Detailed discussions of EPA's dataanalysis and rationale can be furtherfound in the Final BDAT BackgroundDocument for F037 and F038.

TDI also argued that EPA's approachis inconsistent with the Agency's ownpromulgated methodology forestablishing treatment standards. Tosome extent, this argument reprises thepoint just addressed. (For example, thecommenter's point that use of Analysisof Variability protocols show thatperformance of its technology to besuperior really raises the furtherquestion of whether treatment standardsmust therefore be based on performanceof that technology). In any case, EPAused the same revised methodology itadopted in developing the treatmentstandards for K048-1K052 wastes in theThird Third rule.

TDI submitted comments regardingEPA's Methodologf and Protocols forDeveloping BOAT Treatment Standardsfor F037/FW0 wastes. TIM disputesEPA's evaluation of their performancedata and, in particular, EPA'sdetermination of the proposed treatmentstandards for organics innonwagtewater forms of F037 and F038.TDI submitted a report entitled Analysisof U.S. EPA's Proposed Land DisposalRestrictions for P037 and FMSS NewlyListed Petroleum Refining Waotes. Onthe basis of this report, TDI believesEPA has violated its own "standardprotocol procedures", and, after

reanalyzing all the performance data,TDI urged EPA to withdraw theproposed treatment standards, TDI'comments (and TDl's technical report)seem to indicate that TDI analyzed theF037 and F038 proposal's performancedata based on EPA's protocols andstatistical procedures found in the FinalBest Demonstrated AvailableTechnology (BDAT) BackgroundDocument for Quality Assurance/Quality Control Procedures andMethodology of October 23,1991. TDIreviewed the available performancedata based on analyses andmethodologies that EPA employs whendeveloping treatment standards that arebased on destruction .or immobilizationtreatment technologies.

However, the QA/QC documentclearly states that when EPA identifiesthe potential for developing treatmentstandards based on recovery orrecycling technologes, EPA may chooseto modify its methodology in developingBDAT treatment standards (EPA alsoused modified methodologies in thepromulgation of amended organictreatment standards for K048-K052, inthe Third Third final rule, and the recentfinal rule for K061, High ZincSubcategory nonwastewaters. A briefdescription of each of EPA's modifiedapproaches is presented in the October23, 1991. document (see pp. 3-IZ--3-17,of the October 23, 1991., QualityAssurance/Quality Control Document)).This is exactly what EPA is doing here-see the Proposed BDAT BackgroundDocument for F037 and F038 for theexplanation.

BDAT TREATMENT STANIMARS FOR F037INonwestewaters)

Maximum ICE

Regulated constituent i w

Anthraca n .............. ...... 26Benzene ............ 14Benzo(a)anthracene ......................... 20Benzo sappyrenr .............................. . 12BisP-ethybec 4)ph * * ................. 7.3Chrysene 15Di-n-bwtyt phgldit .... . ....... asEthylbenzene. . 14Nap thalene ........... . ...................... 42Phenanthrene ........................ ..... 34Phenol ................................................. 3.6Pyrene . 36

14Xylenes (Iota).... ........... 22Cyanides (total) ............... 1-8

BDAT TREATMENT STANDARDS FORF037--Continued

[Nonwastewaters]

Maximum for-any singl grab

Regulated constituent sample-Totalcomposition

(mg/kg)

Maxicaulm I"Regulated constituent wnw well gra

sww.e-TCLP

Chromiwn (total) 1.7Nickel ................................................. 0.20

BOAT TREATMENT STANDARDS FOR F037

(Wastewaters]

Maximum foray 24

Regulated constituent compositesample-Total

composition(mg/I

Aca phlhene .......................... 0.059A ace . ............................... 0.059Bersnm ................ . ... .. .. ..... 0.14Benzo(a)eno acene ......................... 0.059Benzo(a)pyrene ............................... 0.061Bis(2-ethylhexyl)phthalate ................ 0.2Chileene ......................................... 0.069Di-n-butyl phthalato ................. U0.067E~iwbenzene ................................... 0.06Flucrene ................ ............................ 0Nep t alene ......... .......................... 0.05Ptwnanthrene .................................. 0.060

Phn ....... ---... -*O03

Toluee ........... ........... 0.080Xv*s (total) . ..................

Maximum forany single grab

Reguletad constituent sample-Totalcomposaon(mgf I

Cyanides (total) 0.028Chromium (..........0,20Lie ....... ....................... ..... 0,067

BOAT TREATMEft STANDARDS FOR F0M8(Norwastawatns]

Maximum for

Regulated constituent srpo-oacomposlon

Benzo(a)pyrene ................................. 12Bls( te ......... ;7.3

Di-n-butyl pbblt ........ 3.614

Naphthalene ......................................... 42Phenantlveno .................................... 34

I I I I I I I I I IIII I IMf799,"



37200 Federal Register / Vol. b7, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations

BDAT TREATMENT STANDARDS FORF038-Continued

(Nonwastewaters]



(mg/kg)

Phenol ................................................... 3.6Pyrene ................................................ 36Toluene .............................................. 14Xylenes (total) ................................... 22Cyanide (total) ..................................... 1.8

Maximum forRegulated constituent any single grab

sample-TCLP(mg/I)

Chromium (total) 1.7Nickel .................................................... 0.20

BDAT TREATMENT STANDARDS FOR F038[Wastewaters]

Maximum forany 24

Regulated constituent compositesample-Total

composition(mg/I)

Benzene ............................................. 0.14Benzo(a)pyrene ................................. 0.061Bis(2-ethylhexyl)phthalate ................ 0.28Chrysene ............................................ 0.059Di-n-butyl phthalate ........................... 0.057Ethytbenzene ..................................... 0.057Fluorene ............................................. 0.059Naphthalene .................................... 0.059Phenanthrene ................................... 0.059Phenol ............................................... 0.039Pyrene ............................................... 0.067Toluene ............................................. 0.080Xylenes (total) .................................... 0.32

Maximum for

Regulated constituent any single grabsample.-Total

composition(mg/I)

Cyanides (total) 0.028Chromium (total) ................................ 0.20Lead .................................................... 0.037

B. Wastes from the Production ofUnsymmetrical

Dimethylhydrazine (K107, K108, K109, andKilo)

K107-Column bottoms from productseparation from the production of 1,1-dimethylhydrazine from carboxylic acidhydrazides

K108-Condensed column overheads fromproduct separation and condensed reactorvent gases from the production of 1.1-dimethylhydrazides from carboxylic acidhydrazine

K109-Spent filter cartridges from productpurification from the production of 1,1-dimethylhydrazides from carboxylic acidintermediates

Kilo-Condensed column overheads fromintermediate separation from theproduction of 1,1-dimethylhydrazine fromcarboxylic acid hydrazide intermediates

EPA proposed on January 9, 1992 (57FR 965) to establish treatment standardsfor these wastes expressed as requiredmethods of treatment. As was discussedin the preamble to the proposed rule,these wastes are being regulated despitethe fact that EPA is not aware offacilities generating them. Fornonwastewater forms of these wastes,the required method of treatment wasincineration. For wastewater forms, therequired methods of treatment wereincineration or, alternatively, chemicaloxidation followed by carbonadsorption. The basis for expressing theproposed treatment standards asrequired methods of treatment was thatthese wastes are relatively unstable inwater resulting in difficulties in accuratequantification in treatment residues.(See 57 FR 965.)

The wastewater standardspromulgated today for these wastesdiffer from the proposed standards inthat EPA is adding biodegradationfollowed by carbon adsorption,(BIODEG fb CARBN) to the methodsdesignated as method-of-treatmentstandards for K107-Kl1O wastewaters intables 1 and 2 of 40 CFR 268.42. TheAgency is adding this standard to beconsistent with other sections of thisrulemaking, where in response tocomments supporting the use ofbiodegradation as an alternative methodof treatment, the Agency is promulgatingbiological treatment as equivalent tochemical oxidation. The Agency isincluding biodegradation plus carbonadsorption for these hydrazine wastesbased on hydrolysis data indicating thathydrazines break down rapidly in water.

The definition of BIODEG as atechnology-based standard for listedwastewaters calls for operating the unitsuch that "a surrogate compound orindicator parameter has beensubstantially reduced in concentrationin the residuals." EPA believes that thisprovision allows permitting andcompliance authorities enough controlover the BIODEG unit so thatbiodegradation can be designated BDATfor these wastes, which are known tohydrolyze rapidly to compoundsamenable to biological degradation.

EPA received no comments on itsproposed treatment standards for thenonwastewater forms of these wastes.Therefore, the Agency is promulgatingthe treatment standards for K107-KlIO

nonwastewaters as proposed:incineration (INCIN) as a method oftreatment.

C. 2-Ethoxyethanol Wastes (U359)

EPA is promulgating methods oftreatment for 2-ethoxyethanol wastes(U359), whose generation andcharacteristics are described in theproposed rule preamble (57 FR 968). Thepromulgated standards differ somewhatfrom the proposed standards; first, EPAis adding biodegradation followed bycarbon adsorption, (BIODEG fb CARBN)to the methods designated as method-of-treatment standards for U359wastewaters in Tables 1 and 2 of 40 CFR268.42. The proposed wastewatertreatment standard was incineration orchemical oxidation followed bybiological treatment or carbonadsorption. Second, EPA is promulgatingalso fuel substitution (FSUBS) as analternative standard to incineration(INCIN) for U359 nonwastewaters. (See57 FR 969.)

EPA had prop6sed methods-of-treatment as standards, rather thanconcentration-based numericalstandards, because this waste isrelatively unstable in water, resulting indifficulties in accurate quantification intreatment residuals. Severalcommenters, however, requested thatthe Agency set concentration-basedstandards for 2-ethoxyethanol wastesand suggested several innovativeanalytical methods to quantify 2-ethoxyethanol. EPA acknowledges that2-ethoxyethanol can be quantified bydirect injection methods (i.e. those notrequiring a purge step in the analyticalprocedure). EPA is, nevertheless,promulgating methods of treatment asstandards because EPA has only limitedtreatability data for 2-ethoxyethanol toserve as a basis for calculatingnumerical treatment standards. EPA'sdecision to change the wastewaterstandards to include biodegradationfollowed by activated carbon adsorptionis consistent with the revision in thisrule of the K107-Kl1o wastewaterstandards allowing BIODEG as amethod-of-treatment based on the wastecomponents' extreme instability inwater.

The definition of BIODEG as atechnology-based standard for listedwastewaters calls for operating the unitsuch that "a surrogate compound orindicator parameter has beensubstantially reduced in concentrationin the residuals." EPA believes that thisprovision allows permitting andcompliance authorities adequate controlover the BIODEG unit so thatbiodegradation can be designated BDAT




for these wastes since 2-ethoxyethanolis known to hydrolyze rapidly toethanol, which is known to be amenableto biological treatment.

EPA is promulgating incineration(INCIN) as a method-of-treatmentstandard for U359 nonwastewaters asproposed, but is also including fuelsubstitution (FSUBS) as an alternative.EPA is adding FSUBS because 2-ethoxyethanol is a readily oxidizablecarbon, hydrogen, and oxygencompound that will not releaseundesirable combustion products suchas halogen acids, nitrogen, or sulfurdioxides.

D. Wastes From the Production ofDinitrotoluene and Toluenediamine(Kill and KllZ U328 and U353)Kll---Product wash waters from the

production of dinitrotoluene via nitration oftoluene

K112-Reaction byproducts from the dryingcolumn in the production of toluenediaminevia hydrogenation of dinitrotoluene

U328-Ortho-tosdineU353-Para-toluldine

EPA proposed on January 9, 1992, toestablish treatment standards for thesewastes expressed as required methodsof treatment. The proposed rulediscussed the generation andcharacteristics of these wastes ingreater detail (57 FR 965). Fornonwastewater forms of these wastes,the required method of treatment wasincineration. For wastewater forms, therequired methods of treatment wereincineration or, alternatively, chemicaloxidation followed by carbonadsorption. The basis for expressing theproposed treatment standards asrequired methods of treatment was thatmany constituents of these wastes arerelatively unstable in water resulting indifficulties in accurate quantification intreatment residues. (See 57 FR 965)

The Agency is finalizing the proposedstandards with two substantive changesfor Kill, Kl12. U328, and U353: First,EPA is replacing the proposed methods-of-treatment standards for Killwastewaters and nonwastewaters withconcentration-based standardsnumerically equal to the F039 standardsfor 2,4-dinitrotoluene and 2,8-dinitrotoluene. Second, EPA is addingbiodegradation followed by carbonadsorption (BIODEG fb CARBN) to themethods of treatment specified astreatment standards for K112, U328, andU353 wastewaters in Tables 1 and 2 of40 CFR 268.42.

In particular, data from onecommenter indicated that theconcentrations of 2,4-dinitrotoluene and2,6-dinitrotoluene in Kill wastewatersand nonwastewaters are sufficiently

high such that treating the Klll wastesto the F039 treatment standards forthese constituents should be anacceptable surrogate to ensure that theother constituents are treated toacceptably low levels.

The other constituents includenitrocresols, nitrophenols, andnitrobenzoic acid; since reliableanalytical methods are not available toquantify these constituents in wastematrices, the Agency will not setconcentration-based treatmentstandards for them.By settingconcentration-based standards for thequantifiable components of Killwastewaters and nonwastewaters, EPAis allowing the use of any treatmentsystem (other than impermissibledilution) that meet these numbers for thedinitrotoluenes.

Data from this same commenter alsoindicated that biological treatment canachieve significant reductions in theconcentration of toluenediamines inK112 wastewater streams. Based on thecommenter's data demonstratingsubstantial reductions in K112wastewater toluenediamineconcentrations in the course ofbiological treatment, EPA is addingbiodegradation (BIODEG) to the set ofmethods-of-treatment designated astreatment standards for K112wastewaters.

EPA believes, in addition, that 0-toluidine and p-toluidine, the listingcomponents of U328 and U359, aresufficiently chemically similar totoluenediamines that the treatmentstandards for K112 should also apply toU328 and U359 wastes. EPA is,therefore, including BIODEG among themethods-of-treatment standardspromulgated for U328 and U359wastewaters.

The definition of BIODEG as atechnology-based standard for listedwastewaters calls for operating the unitsuch that "a surrogate compound orindicator parameter has beensubstantially reduced in concentrationin the residuals." EPA believes that thisprovision allows permitting andcompliance authorities adequate controlover the BIODEG unit so thatbiodegradation can be designated BDATfor these wastes, which have beendocumented to amenable to biologicaltreatment.

EPA is promulgating treatnientstandards for K112, U328 and U359nonwastewaters as proposed:incineration (INCIN) as a method oftreatment.

BDAT TREATMENt STANDARDS FOR K1 11

[lNonwastewaters]

Maxims" fora" -ie gab


2,4-DinibolokkJeae ......................... .. 140

2,6-Oinitrotloene 28

BDAT TREATMENT STANDARDS FOR KII1

(Wastewatets)

Maximum torany single grab


2,4-Oinitrotoluene ....... 0.322.6-Dinitrotoltuene ............................... 0.55

E. Wastes From the Production ofEthylene Dibromide (K'17 Knt8 andK1361 and Wastes From the Productionof Methyl Bromide (K.131 and K132)

K117-Wastewater production from thereactor vent gas scrabber in the productionof ethylene dibrornide via bromination ofethylene.

K118-Spent adsorbent solids frompurification of ethylene dibromide viabromination of ethylene dibromide viabromination of ethylene.

K136--Still bottoms from the purification ofethylene dibromide in the production ofethylene dibromide via bromination ofethylene.

K131-Wastewater from the reactor andspent sulfuric acid from the acid dryer fromthe production of methyl bromide.

K132-Spent adsorbent and wastewaterseparator solids from the production ofmethyl bromide.

With one exception, today's rulepromulgates the treatment standards forethylene dibromide wastes (K117, K118and K136) and methyl bromide wastes(K131 and K132) that the Agencyproposed in the January 9, 1992proposed rule, where it discussed thegeneration and characteristics of these.wastes (57 FR 966-97). These areconcentration-based standardsnumerically equal to the F039 standardsfor the constituents of these wastes; theBDAT Background Document for U andP Wastes and Multi-Source Leachate(FO39) (volumes A and C) describes howeach standard was calculated. Thenonwastewater standards (volume C)are based on the results of a series ofincineration tests performed by theAgency in the course of developingtreatment standards for earlier landdisposal restrictions rulemakings. Thewastewater standards (volume A) arebased on data collected by EPA's Office

37201




of Water and Office of Research andDevelopment and reflect a variety ofindustrial wastewater technologies.Technologies used to develop thewastewater numbers promulgated hereinclude steam stripping, activatedsludge, and air stripping.

The one change that EPA is making isas follows: EPA proposed treatmentstandards for "1,1,2-tribromomethane"in the January 9, 1992, notice (57 FR 996and 997). (This was a misprint for 1,1,2-tribromoethane, a constituent present inthe ethylene dibromide process wastestream K118). At the time of theproposed rule, EPA was consideringadding 1,1,2-tribromoethane to its BDATList of constituents known to beamenable to quantification in wastematrices with existing SW-846 methods.EPA has since decided not to add 1,1,2-tribromoethane to the BDAT List and isconsequently not promulgatingtreatment standards for this compound.

As a result of soliciting data on theproposed standards in the May 30, 1991,Advance Notice of ProposedRulemaking and then in the January 9,1992, Proposed Rule, EPA receivedcomments from the two facilitiesbelieved to generate all of these wastestreams. Both supported the use ofsteam stripping for treating brominatedwastewaters. One of the twocommenters submitted datacharacterizing the results of steamstripping groundwater that had becomecontaminated with ethylene dibromideand several other brominated andchlorinated compounds. Because thesedata did not clearly identifycorresponding influent and effluentstreams, they could not be used toevaluate the performance of the systemin terms of contaminant removal.

This commenter also endorsed theincineration-based numerical treatmentstandards for nonwastewater forms ofthese wastes. A second commenterobjected, however, to the incineration-based nonwastewater standards. Inparticular, the commenter claimed thatbromine forms corrosive hydrogenbromide in incinerator combustionchambers. This commenter, the solegenerator of K118, reported difficultiesin incinerating a batch of K118nonwastewater at a commercial facilityand requested that EPA base alltreatment standards for organobrominewastes on steam stripping.

The Agency acknowledges that theremay be difficulties in incineratingbrominated wastes (even though onecommenter explicitly endorsesincineration-based standards for K117,K118, K131, and K132 nonwastewaters).In the absence of performance data onan alternative process for

nonwastewaters, EPA is promulgatingthe incineration-based nonwastewaterstandards that were originally proposed.Steam stripping, and any other forms ofwaste treatment other thanimpermissible dilution, may also be usedto achieve the numerical treatmentstandards regardless of whichtechnology served as the basis of thestandards. Furthermore, the regulatedcommunity has options, includingapplying for treatability or capacityvariances, for overcoming technicaldifficulties in treating especiallyproblematic batches of wastes.

BDAT TREATMENT STANDARDS FOR

Kl17, Kl18, AND K136

[Nonwastewaters]


Regulated constituent sample--Totalcomposition

(mg/kg)

Ethylene dibromide ............................ 15.0Bromomethane ................................... 15.0Chloroform .......................................... 5.6

BOAT TREATMENT STANDARDS FOR

K117, K118, AND K136

[Wastewaters]


Regulated constituent sample-Totalcomposition(mag/I)

Ethylene dibromide .......................... 0.028Bromomethane .................................. 0.11Chloroform ......................................... 0.046

BDAT TREATMENT STANDARDS FOR K131AND K132

[Nonwastewaters]

Maxirgum forany single grab


(mg/kg)

Bromomethane (methyl bromide) .... 15

BDAT TREATMENT STANDARDS FOR K131AND K132

(Wastewaters]



(mg/I)

Bromomethane (methyl bromide) .... 0.11

F. Wastes From the Production ofEthylenebisdithiocarbamic Acid (K123.K124, K125, and K126)

K123-Process wastewater (includingsupernatants, filtrates and wash waters)from the production ofethylenebisdithiocarbamic acid and itssalts.

K124-Reactor vent scrubber water from theproduction of ethylenebisdithiocarbamicacid and its salts.

K125-Purification solids (including filtration,evaporation and centrifugation solids) fromthe production ofethylenebisdithiocarbamic acid and itssalts.

K126--Baghouse dust and floor sweepings inmilling and packaging operations from theproduction of ethylenebisdithiocarbamicacid and its salts.

EPA is promulgating the treatmentstandards as proposed forethylenebisdithiocarbamic acid wastes(EDBC) (K123-K126). The preamble inthe proposed rule describes thegeneration and characteristics of thesewastes in greater detail (57 FR 967). TheAgency proposed incineration (INCIN)as a method of treatment as thetreatment standard for K123-K126nonwastewaters and incineration orchemical oxidation followed bybiological treatment or carbonadsorption (INCIN or CHOXD) for K123-K126 wastewaters. EPA received nocomments challenging these treatmentstandards.

Although EPA is expanding the set ofmethods of treatment as standards toinclude BIODEG by itself for the methylhydrazine wastes K107-K110, thetoluenediamine waste K112, thetoluidine wastes U326 and U353, and 2-ethoxyethanol U359, EPA is not addingBIODEG alone to the set of methods oftreatment for the EDBC wastewaters.For each of the cases where EPA istoday adding BIODEG to the list ofpromulgated methods of treatment asstandards, EPA has either treatabilitydata documenting successful treatmentof these wastes or their close analoguesin a biological unit or datademonstrating that these wastes readilyhydrolyze to simple, relatively nontoxiccompounds known to be readilyamenable to biological degradation. Inthe absence of any such data aboutEDBC waste amenability to hydrolysisor biodegradation, EPA chooses not toinclude BIODEG as a primary method oftreatment for EDBC wastewaters.



Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 J Rules and Regulations

IV. Detailed Discussion of Final Rule:Changes to Existing Regulations

A. Revisions to the FOO1-FO05 SpentSolvents Treatment Standards

Fool-The following spent halogenatedsolvents used in degreasing.Tetrachloroethylene, trichloroethylene,methylene chloride, 1,1,1-trichloroethane,carbon tetrachloride, and chlorinatedfluorocarbons; all spent solvent mixtures/blends used in degreasing containing.before use, a total of 10 percent or more (byvolume) of one or more of the abovehalogenated solvents or those solventslisted in F002, F004, and F005 and stillbottoms from the recovery of these spentsolvents and spent solvent mixtures.

F002-The following spent halogenatedsolvents: Tetrachloroethylene, methylenechloride, trichloroethylene, 1.1.1-trichloroethane, chlorobenzene, 1.1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane,and 1,1.2-trichloroethane; all spent solventmixtures/blends containing, before use, atotal of 10 percent or more of the abovehalogenated solvents or those listed inF001, F004, or F005: and still bottoms fromthe recovery of these spent solvents andspent solvent mixtures.

F003-The following spent nonhalogenatedsolvents: Xylene, acetone, ethyl acetate,ethyl benzene, ethyl ether, methyl isobutylketone, n-butyl alcohol, cyclohexanone,and methanol: all spent solvent mixtures/blends containing, before use, only theabove spent nonhalogenated solvents: andall spent solvent mixtures/blendscontaining, before use, one or more of the-above nonhalogenated solvents, and a totalof 10 percent or more (by volume) of one ormore of those solvents listed in Fo01, F002,F004, and F005; and still bottoms from therecovery of these spent solvents and spentsolvent mixtures,

F004-The following spent nonhalogenatedsolvents: Cresol and cresylic acid andnitrobenzene; all spent solvent mixtures/blends containing, before use. a total of 10percent or more (by volume) of one or moreof the above nonhalogenated solvents orthose solvents listed in FOOl, F002, andF005: and still bottoms from the recovery ofthese spent solvents and spent solventmixtures.

F005--The following spent nonhalogenatedsolvents: Toluene, methyl ethyl ketone,carbon disulfide, isobutanol, pyridine,benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of 10percent or more (by volume) of one or moreof the above nonhalogenated solvents orthose solvents listed in Fool, F002, or F004;and still bottoms from the recovery of thesespent solvents and spent solvent mixtures.

The Agency is promulgating revisedtreatment standards for solventwastewaters of FOOl-F005 wastes asproposed in the January 9, 1992 notice(57 FR 969-971).

1. Regulatory Backgrounda. Listing Definitions. On May 19, 1980

(45 FR 33119), the EnvironmentalProtection Agency (EPA) listed 26conunonly used organic solvents ashazardous wastes when spent ordiscarded. The solvents were listed asEPA Hazardous Waste Nos. F001, F002,F003, F004, and F005. These listedwastes included certain spenthalogenated and nonhalogenatedsolvents, including still bottoms from therecovery of these solvents.

On December 31, 1985 (50 FR 53315),the Agency promulgated an amendmentto the listings to include mixturescontaining a total of 10 percent or more(by volume) of one or more of the listedsolvents (the 10 percent thresholdalways applied to solvent mixturesbefore use). The Agency believed thatestablishing a threshold level below theminimum solvent concentrationtypically used In solvent formulationswould bring the majority of solventmixtures used in commerce into thehazardous waste management system,'while excluding dilute mixtures. TheAgency also clarified in the December31, 1985, Federal Register (50 FR 53315),that the listings cover only thosesolvents that are used for their "solvent"properties, i.e. to solubilize (dissolve) ormobilize other constituents.Manufacturing process wastes wheresolvents were used as reactants oringredients in the formulation ofcommercial chemical products are notcovered by the listing.

The definition of the spent solventslisting did not include four solvents thatwere added to the Fool-F005 listing onFebruary 25, 1986 (51 FR 40607):Benzene, 2-ethoxyethanol, 2-nitropropane, and 1.1,2-trichloroethane.

b. FOOl-FO05 Treatment Standards.The Agency promulgated treatmentstandards for the F001-F005 spentsolvent wastes on November 7, 1986 (51FR 40593). The Agency also promulgateda requirement that compliance with thetreatment standard be measured in thewaste extract as measured by theToxicity Characteristic LeachingProcedure (TCLP).

This approach was taken becauseuseful data were not available on totalconstituent concentrations in treatedresiduals, and as a result, the TCLP datawere considered to be the best measureof performance.Since that time EPA has basedtreatment standards for all organicconstituents on the total constituentconcentration analysis found in thetreated waste. EPA has based thisdecision on the fact that the bestdemonstrated available treatment

(BDAT) for organic wastes generallydestroy the hazardous organicconstituents. Accordingly, treatmentshould reflect the extent to which thevarious organic compounds have beendestroyed or the total amount ofconstituent remaining after treatment.

c. Methylene Chloride StandardRevised. As part of the First Third Rule.the Agency revised and promulgated thetreatment standard for methylenechloride in Fool-F005 wastewaters fromthe pharmaceutical industry (53 FR31152). The revised treatment standardwas based on the transfer ofwasteweter treatment data from steamstripping of methylene chloride.Compliance with this treatmentstandard is measured by a totalconstituent analysis.

d. Setting Treatment Standards forFour (4) "Newly Listed" Constituents (51FR 6737, February 25, 1986). In the ThirdThird rule (55 FR 22576), the Agencypromulgated treatment standards for1,1,2-trichloroethane, benzene, 2-.ethoxyethanol, and 2-nitropropane inF002 and F005 spent solvents, (EPA did.not amend the previously promulgatedtreatment standards for the othersolvent constituents in F002 and F005).The concentration-based treatmentstandards for 1,1,2-trichloroethane andbenzene in wastewater forms werebased on performance data generatedfrom: biological treatment, steamstripping, carbon adsorption, liquidextraction, and others. Theconcentration-based treatmentstandards promulgated for 1,1,2-trichloroethane and benzene innonwastewater forms were based onperformance data from incineration.These treatment standards aremeasured by total constituent analysis.EPA had also determined that theavailable data were insufficient toestablish concentration-based treatmentstandards for wastewater andnonwastewater forms of F005 containing2-nitropropane and 2-ethoxyethanol andinstead promulgated methods oftreatment as the treatment standards.Again, EPA is not revising thispreviously promulgated treatmentstandard.

2. Overlap Between F001-FOO5 Solventsand Other BDAT Standards.

Many of the solvent constituents thatare regulated in FOOl-F005 wastes arealso regulated in the First, Second, andThird Third rules, as discussed in thepreamble to the January 9, 1992proposed rule (57 FR 970).

In the November 22, 1989 proposedrule for the Third Third wastes, EPAproposed two alternative sets of

3M320




concentration-based treatmentstandards for wastewater forms for themajority of the U and P listed wastes,many of which are solvent constituentsfound in FOO-F005 wastes. One set oftreatment standards was based on theconcentration of each constituent inincinerator scrubber water whereas, thesecond set of treatment standards wasbased on wastewater treatmentperformance data for each constituent.On the basis of comments received, theAgency promulgated treatmentstandards based on wastewatertreatment performance data. Thesetreatment standards were promulgatedon June 1, 1990 (55 FR 22601).

The Agency also proposed treatmentstandards for nonwastewater forms of Uand P listed wastes on November 22,1989 (54 FR 48372). In the final ThirdThird rule, the Agency promulgatedtreatment standards for approximately.75 constituents, establishing eitherconcentration-based standards, orincineration as a method of treatment asBDAT.

Treatment standards for several F andK listed wastes containing the samesolvent constituents as are present inF001-F005 solvent wastes were alsopromulgated in the Third Third rule asdiscussed in the January 9, 1992proposed rule (57 FR 970).

3. Comments Received on the January 9,1992 Proposed Rule

The Agency received a number ofgenerally favorable comments on theproposed approach-that is, mostcommenters supported revising thenonwastewater treatment standardsfrom the existing TCLP standards tostandards based on total concentrations.Hazardous Waste Treatment Council(HWTC} expressed concerns, however,with regard to meeting concentrationbased standards for five constituents:chlorobenzene, n-butyl alcohol, o-cresol,ethyl acetate, and nitrobenzeneone, EPAacknowledges HWTC's concerns withregard to potential analytical difficultiesin the analysis of these five constituents.EPA has, in fact, addressed this issue inthe June 1, 1990 final rule (55 FR 22541).If the treater uses incineration to treatthese wastes and achieves a non-detectlevel within an order of magnitude of thepromulgated treatment standards, thenthey are considered to have achievedthe standard (see 55 FR 22541, June 1,1990).

Most of HWTC's problem constituentswould be able to comply with thetreatment standard after the order ofmagnitude allowance is taken intoaccount. One constituent, o-cresol,according to the data submitted byHWTC, appears to exceed the proposed

treatment standard. After reviewingavailable incineration and combustiondata for this constituent, EPA believesthe proposed treatment standards (andthe one order of magnitude allowance)are reasonable and achievable. In fact,the Agency has promulgated treatmentstandards for o-cresol in K019, F039 andU052 at a level of 5.8 ppm with detectionlimits of less than 2.0 ppm. Also, o-cres9lis a regulated constituent in K052, whosetreatment standard of 6.2 ppm is basedon a detection limit of 2.2 ppm whichwas based on treatment data submittedfrom industry (55 FR 22594), EPA istherefore, promulgating today, treatmentstandards for each one of the fiveconstituents as proposed on January 9,1992 (57 FR 971).

4. Final ApproachThe Agency is promulgating revised

treatment standards for bothnonwastewater and wastewater formsof F001-F005 wastes as proposed. (Seethe Table at end of this section forspecific treatment levels.) Themethodology used to develop thetreatment standards for bothnonwastewater and wastewater formsof F039 (multisource leachate) was usedto determine the revised treatmentstandards for the FOOl-F005 spentsolvents. These revisions do not,however, include the four solvents thatwere added to the solvents listings:benzene, 2-ethoxyethanol, 2-nitropropane, and 1,1,2-trichloroethane.Treatment standards for theseconstituents were promulgated in theThird Third final rule in accordancewith the previously mentionedmethodology.

Today's rule does not include revisedtreatment standards for nonwastewaterforms of carbon disulfide,cyclohexanone, or methanol based ontotal constituent analysis. These threeconstituents are not well suited for totalconstituent analysis, and, in fact, aremore appropriately analyzed by theTCLP methodology. The Agency did notpropose to revise the existing TCLPtreatment standards, for these threeconstituents, in the January 9, 1992rulemaking. The Agency is retaining theexisting TCLP standards for these threeconstituents in F001-F005nonwastewaters in today's rulemaking.(TCLP treatment standards for thesethree constituents appear in a table atthe end of this section).

Because the Agency does not want torequire unnecessary and burdensometesting, the TCLP test will only have tobe performed if the waste includes onlyone, two or all three of theseconstituents. If the waste contains anyof these three constituents along with

any of the other 26 constituents found inFool-F005 for which the Agency ispromulgating treatment standards basedon total constituents analysis, only thetotal analysis need be performed. It isassumed that after treatment isperformed, for these organicconstituents, and the total constituentstandards are achieved, that these threeconstituents will also have been treated.

a. Revisions to the Standards forCresols. In the Solvents and Dioxinsrule, the Agency promulgated BDATtreatment standards for "cresols." Atthat time, the Agency did not distinguishbetween the various isomers that arepresent in cresols. As a result, theAgency promulgated a concentration-based treatment standard for cresolwastewaters of 2.82 mg/l based on theperformance of activated carbonadsorption. For nonwastewaters, theAgency had no data on TCLP extracts ofresidues from the incineration of cresols(cresylic acid) to use in the developmentof the treatment standard. EPA, instead,used chemical structure as the basis fortransferring the treatment data frommethyl ethyl ketone to cresols (cresyhcacid) in spent solvents. The treatmentstandard of 0.75 mg/I fornonwastewaters is based on thetransferred data.

In the Third Third rule, EPApromulgated treatment standards forU052. U052 is listed as "cresols (Cresylicacid]. U052 typically contains variouslevels of ortho-cresol, meta-cresol, andpara-cresol. Analytical methods areusually reported for o-cresol (CAS No.95-48-7) and a combination of m- and p-cresols, because m-cresol and p-cresolcannot generally be distinguished byanalytical methods. Thus, the Agencypromulgated concentration-basedstandards for U052 based on an analysisfor o-cresol and the mixture of m-cresoland p-cresol.

Based on this, the Agency is todaymodifying the current treatmentstandards for the constituent "cresols"in FOOi-F005 wastes as proposed. (57 FR970, January 9, 1992).

b. Modification to the RegulatoryPlacement of FOOl-FOO5 Standard& Intoday's rule, EPA is promulgatingrevised treatment standards for solventwastewaters (FOr1-F0O5) in Table CCW(40 CFR 268.43) as proposed. (Thefollowing treatment standards forwastewaters are based on FMwastewater data, and fornonwastewater is based on incinerationdata).



Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations 370,5

PROMULGATED BDAT TREATMENT STAND-ARDS FOR FO0!-F005 SPENT SOLVENTWASTES

(Wastawater Total Concentration]

Regulated constituent Wastewater

Acetone ................ ......................... 0.28nut alcohol ....................... 5.6Carbon oisufide ........................... 0.014Carbon tetrachloride ............... 0.057Chlorobenzene ................................. 0.057Cresol(m- and p- isomers) .............. 0.77o-Ceso . ......................... .......... 0.11Cyclohexanone .......................... . ..... 0.361,2-Oichlorobenzene ......................... 0.088Ethyl acetate ........................................ 0.34Ethyl benzene ..................................... 0.057Ethyl ether .......... .. .. 0.12Isobutyl alcohol ..................... .... . 5.8Methanol ............................................ 5.6Methyle" chloride.......... 0.089Methyl ethyl ketone .............................. 0.28Methyl isobutyl ketone ........................ 0.14Nftrobenzene ....................................... 0.068Pyridine ................................ -.... ......... 0.014Tetrachoroethylene ........................... 0.056Toluene ................................................ 0.081.1.1-Trichloroethane ........................ 0.054Trichloroethylene ............................... 0.0541.1,2-Trlchloro-1,2,2.-

trifluoroethane ................. . 0.057Trlcloromonofluoromethane... 0.02Xylenes (total) .................. . 0.32

'The methylene chloride treatment standard forwastewaters generated from pharmaceutical plantsis 0.44 mg/I.

NA: Not applicable.

PROMULGATED BDAT TREATMENT STAND-ARDS FOR F001-F005 SPENT SOLVENTWASTES

[Nonwastewater Total Concentration]

Regulated constituent Nonwastewater(mg/kg)

Acetone ............................................. 160n-" alcohol ................................... 2.6Carbon disulfide ...... .... . NACarbon tetrachloride ........................ 5.6Chlo obenzene .................................. 5.7Cresol(m- and pr isomers) ............... 3.2o-Cresot ...................................... ..... 5.6Cyclohexanone .............................. . NA1,2-Dichlorobenzene ........................ 6.2Ethyl acetate ................................ 33Ethyl benzene .................................... 6.0Ethyl ether ....................................... 160Isobutyl alcohol ............................... 170Methanol ............................................ NAMethylene chloride ........................... 33Methyl ethyl ketone ....................... 36Methyl isobutyl ketone ...................... 33Ntrobenzene .............................. ...... 14Pyridine..................................... 16Tetrachloroethylene ......................... 5.6Toluene ............................................. 281,1,1-Trichloroethane ........................ 5.6Trichioroethylene ............................... 5.61.1,2-Trichloro-1,2.2,-

trifluoroethane ................. . 28Tnchloromonofluoromethane .......... 33Xylenes (total) .................................. 28

'These treatment standards are based on TCLP.not total constituent concentration (see followingtable with TCLP treatment standards).

NA: Not applicable.

PROMULGATED BDAT TREATMENT STAND-ARDS FOR F001-F005 SPENT SOLVENTWASTES

(Nonwastewater; Toxicity Characteristic LeachingProcedure]

Regulated constituent NonwastewaterReguated(mg/I)

Carbon disulfide ................................ 4.8Cyclohexanone ................................. 0.75Methanol ............................................ 0.75

B. Conversion of Wastewater StandardsBased on Scrubber Water

K0S-Still bottoms from the distillation ofbenzyl chloride

K016-Heavy ends or distillation residuesfrom the production of carbon tetrachloride

K018--Heavy ends from the fractionationcolumn in ethyl chloride production

K019-Heavy ends from the distillation ofethylene dichloride in ethylene dichlorideproduction

K020-Heavy ends from the distillation ofvinyl chloride in vinyl chloride production

K023-Distillation light ends from theproduction of phthalic anhydride fromnaphthalene

K024--Distillation bottom tars from theproduction of phthalic anhydride fromnaphthalene

K028-Spent catalyst from thehydrochlorinator reactor in the productionof 1,1,1-trichloroethane

K030-Column bottoms or heavy ends from.the combined production oftrichloroethylene and perchloroethylene

K048--Dissolved air flotation (DAF) floatfrom the petroleum refining industry

K049-Slop oil emulsion solids from thepetroleum refining industry

K050-Heat exchanger bundle cleaningsludge from the petroleum refining industry

K051-API separator sludge from thepetroleum refining industry

K052-Tank bottoms (leaded) from thepetroleum refining industry

K087-Decanter tank tar sludge from cokingoperations

K093-Distillation light ends from theproduction of phthalic anhydride fromortho-xylene

K094-Distillation bottoms from the-production of phthalic anhydride fromortho-xylene

U028--Bis(2-ethylhexyl)phthalateU069-Di-n-butyl phthalateU088--Diethyl phthalateU102-Dimethyl phthalateU107-Di-n-octyl phthalateU190-Phthalic anhydride (measured as

Phthalic acid)On November 22, 1989 (54 FR 48372),

EPA proposed as part of the Third Thirdrule concentration-based treatmentstandards for numerous listed wastesbased on the performance ofincineration. For the wastewaters, thetreatment standards were based on theconcentration of the constituents ofconcern in incineration scrubber waters.

In the final rule (55 FR 2Z520), however,EPA altered its approach to setting thesestandards and promulgated treatmentstandards for wastewaters based onactual wastewater treatment datalforthe constituents of concern. This changewas adopted for a number of reasons.

First, it was stated in the final rule forthe Second Third wastes (54 FR 26,029)and reiterated in the final rule for ThirdThird wastes (55 FR 22577) that whenthe Agency had appropriate wastewatertreatment data from well-designed andwell-operated wastewater tieatmentunits it preferred to use those data-rather than scrubber water data todevelop wastewater treatmentstandards. This is because incineration

"is not a normal treatment method forwastewaters. In addition, alternativestandards were proposed in the ThirdThird notice for multisource leachate(F039) wastewaters based on a transferof performance data from varioussources. Second, commenters on theproposed Third Third rule had urged theAgency to develop treatment standardsfor wastewater forms based on residuesfrom wastewater treatment technologiesrather than incineration scrubberwaters. Commenters on previous ruleshad also stated that when EPA hadperformance data from technologiestreating wastewaters containing thesame or similar constituents that EPAshould use it to develop treatmentstandards.

The Agency reviewed all of theaforementioned data during the ThirdThird comment period and promulgatedconstituent-specific concentration-basedstandards. Detailed information on thedevelopment of the wastewatertreatment standards can be found in thebackground document titled Final BestDemonstrated Available Technology(BDAT) Background Document for Uand P Wastes and Multi-SourceLeachates (F039), Volume A:Wastewater Forms of Organic U and PWastes and Multi-Source Leachates(F039) for Which There AreConcentration-Based TreatmentStandards. (This document can be foundin the RCRA docket for the Third Thirdfinal rule).

As part of the First Third and SecondThird rules, EPA promulgated treatmentstandards for wastewater forms of 23 Kand U wastes (i.e., K015, K016, K018,K019, K020, K023, K024, K028, K030,K048, K049. K050, K051, (052, K067,K093, K094, U028, U069, U088, U102,U107, and U190). These wastewatertreatment standards were based on datafrom incineration scrubber waters. Uponreview of all available data andcomments, the Agency believes that




BDAT for these wastewaters is betterrepresented by concentration-basedtreatment standards based on actualwastewater treatment technologiesrather than scrubber waters generatedfrom incineration. Therefore, the Agencyis today promulgating concentration-based treatment standards for thesewastewaters as proposed. The wastesaffected by this change come primarilyfrom three general treatability groups:chlorinated organics, petroleum wastes,and phthalate wastes. The Agencybelieves that this change is consistentwith the changes made to thewastewater standards in the final ThirdThird rule. It should be noted, however,that any technology not otherwiseprohibited (e.g., impermissible dilution)may be used to meet the concentration-based treatment standards for thesewastewaters, including incineration.

Finally. during the development of theThird Third rule, the Agency determinedthat for pentachloroethane (a regulatedconstituent in K018, K028, and K030),complications arose in terms of howreliably the constituent could bequantified (55 FR 22611). As such, theAgency made a decision to promulgate amethod (or methods] of treatment, ratherthan a constituent-specific standard.Today, EPA is deletingpentachloroethane from furtherregulation in the wastewater forms ofK018, K028, and K030, as discussed inthe January 9, 1992 proposed rule.Treatment of other constituents will actas reliable surrogates for the treatmentof pentachloroethane in these wastes.

PROMULGATED TREATMENT STANDARDSFOR VARIOUS F AND K WASTEWATERS

Waste code and reguiated organic Revisedconstituent standard

I_ (mg1/)

K015:Anthracene ......................................Benzal chloride ...................................Benzo(b and/or k)fluoranthene ......Phennthrene .......... .................Toluene ........................................

K016:Hexachlorobenzene ............................Hexachlorobutadlene ............................Hemcy opentadeneHexachloroethane .................................Tetrachioroethene .............................

K018:Chloroethane ............................Chloromethane ..... ..................1,1-Dichtoroethane .................. ..............1,2-Dichloroethane ...........................Hexachlorobenzene ...............................Hexachlorobutadi e ...................Pentachloroehma ...............................1.1 ,1-Trichkoroethane ..........................Hexachloroethane ..................................

K019:b 2-ch A-ether .........................Chlorobenmen ...................................Chlorotorm ................

0.0590.280.0550.590.080

0.0550.0550.0570.0550.056

0.270.190.0590.210.0550.055

NA0.0540.055

0.0330.0570.046

PROMULGATED TREATMENT STANDARDSFOR VARIOUS F AND KWASTEWATERS-Continued

Waste code and regulated organic Revisedconstituent standard

I(rag/1)

1,2-Dichloroethane .......... . .p-Dichlorobenzene .................................Fluorene .................................................Hexachloroethane ..................................Naphthalene .......................Phenanthrene .........................................1,2,4,5-Tetrachlorobenzene ..................Tetrachloroethene ................................1,2,4-Tdchlorobenzene ..........................1 1,1-Tdchloroethane ............................

K020:1,2-Dichloroethane ................................1,1,2,2-Tetrachloroethane .....................Tetrachloroethene .............................

K023: Ptthac anhydride (measuredas phthaic acid) .................

K024: Phthalic anhydrde (measuredas phthafic acid) ....................................

K028:1,1 -Dichloroethane ...........................Trans 1,2-Dichloroethane ....................Hexachlorobutadiene ...........................Hexachloroethane ................................Pentachloroethane ................................1,1,1,2-Tetrachloroethane .....................1,1,2,2-Tetrachloroethane ..............Tetrachloroethne ..........................1,1 1-Trichlorethane ...............................1.1,2-Trichloroethane .............

K030:o-Dichlorobenzene ....................p-Dichlorobenzene ...............................Hexachlorobutadiene ...........................Hexachloroethane ............................... :Pentachloroethane ...............................1,2,4,5-Tetrachlorobenzene .................Tetrachloroethene ................................1,2,4-Trichlorobenzeri ...............

K048:Benzene ................... . .........Benzo(a)pyrene ................Bis(2-ethylhexyl)-phthalate ........Chrysene ...............................................Di-n-butyl phthalate .............................Ethylbenzene .....................................Fluorene ........... ...........Napthalene .......... .............Phenanthrene ............Phenol ...................................................Pyrene ................ .... ....Toluene ............ ...Xylenes (total) .....................................

K049:Anthracene .........................................Benzene ..................................................Benzo(a)pyrene .....................................Bis(2-ethylh xyl)-phthalate .............Carbon disulfide.Chrysene ...................................2,4-Dimethylphenol ..........................Ethylbenzene .. ...........Napthalene ....................................Phenanthrene ........................................Phenol .....................................................Pyrene ....................... .. .....Toluene .........................................Xylenes (total) ........................................

K050:Benzo(a)pyrmn .................................Phenol ...........................................

K051:Acenaphthene ........................................Anthracene ........................... ....Benz(a)anthracene .........................Benzene ................................................

0210.090.0590.0550.0590.0590.0550.0560.0550.054

0.210.0570.056

0.069

0.069

0.0590.0540.0550.055

NA0.0570.0570.0560.0540.054

0.0880.0900550.055

NA0.0550.0560.055

0.140.0610.280.0590.0570.0570.0590.0590.0590.0390.0670.0800.32

0.0590.140.0610.280.0140.0590.0360.0570.0590.0590.0390.0670.0800.32

0.0610.039

0.0590.0590.0590.14

PROMULGATED TREATMENT STANDARDSFOR VARIOUS F AND KWASTEWATERS-Contlnued

Revised

Waste code and regulated organic Revisedconstituent (arg/I)

Benzo(a)pyrene ......................................Bis(2-ethylhexyt)-phthalate ...................Chrysene ............................................Di-n-butyl phthalate ..............................Ethylbenzene .......................................Fluorene ..................................................Napthalene ............................................Phenanthrene .........................................Phenol ............ .............Pyrene .......... ...............Toluene .................................................Xylenes (total) .......................................

K052:Benzene ..........................Benzo(a)pyrens ........................ ...........o-Cresol ......... .................p-Cresol ...................................................2.4-Dimethylphenot ..............................Ethylbenzene ..........................................Naphthalene ...........................................Phenanthrene .......................................Phenol .............. .............Toluene .................................................Xylenes (total) .. ........ ............... ......

K087:Acenaphthalene ....................................Benzene ............. ...........Chrysene .......................Fluoranthene .........................................Indeno(1,2,3-cd)pyrene .......................Naphthalene ........................................Phenanthrene .........................................Toluene ...................................................Xylenes (total) .......................................

K093: Phthekc anhydride (measuredas Phthalic acid).....

K094: Phthalic anhydride (measuredas Phthalic acid) ...................................

U028: Bis(2-ethylhexyl)-phthalate ............U069: Di-n-butyl ......................u099: Diehyt ............................U102: Dirretl phthaata............U107: Di-n-octyl phthalate ..................U190: Phthalic anhydride (measured

as phthalic acid) .....................................

NA: Not applicable.

0.0610.280.0590.0570.0570.0590.0690.0590.0390.0670.0600.32

0.140.0610.110.770.0360.0570.0500.0590.0390.0800.32

0.0590.140.0590.0680.0550.0590.0590.0800.32

0.069

0.0690.280.0570.20.0470.017'

0.69

C. Revisions to Treatment Standards forK061, K062, and FO00

With two exceptions, the Agency ispromulgating as proposed the treatmentstandards for the iron and steel processwastes K061 and K062 and theelectroplating waste F006. The January9, 1992, proposed rule (57 FR 95-'77)contained three major provisions forK061, K062, and F006: (1) Removing theLow Zinc and High Zinc subcategoriesfor K061 electric arc furnace dust wastesand establishing the high zincsubcategory nonwastewater standardsfor all K061 nonwastewaters regardlessof zinc level; (2) setting alternativetreatment standards for K002 and F008nonwastewaters with recoverableamounts of nickel and chromium; and (3)excluding from regulation as ahazardous waste nonwastewater




residues generated from high-temperature metals recovery (HTMR)treatment of F00O and K062 provided theresidues meet the designated genericexclusion levels, they are disposed of ina subtitle D unit, and they do not exhibitone or more of the hazardous wastecharacteristics.

One of the two changes the Agencyhas made between proposal andpromulgation consists of basing thepromulgated generic exclusion on adifferent fate-and-transport model thanthe proposed exclusion and thuspromulgating different exclusion levelsfor several contaminants. The secondchange is that EPA is promulgatingneither treatment standards norexclusion levels for vanadium, thuseffectively deleting vanadium from theK061, K062, and F006 rulemaking.

The August 19, 1991 (56 FR 41164),final rule for K061 (electric arc dust) setnumerical treatment standards for high-zinc K061 nonwastewaters based on theperformance of high-temperature metalsrecovery units. This final rule alsopromulgated a genetic exclusion fromthe derived-from rule for nonwastewaterresidues generated from HTMRprocessing of K061 wastes.

Today's rule extends both the HTMR-based treatment standards and thegeneric exclusion criteria for HTMRresidues to K062 (steel finishing pickleliquor) and 1006 (electroplatingwastewater treatment sludges)nonwastewaters.

1. Removal of the Low Zinc Subcategoryfor K061 Wastes

The Agency is today transferring thetreatment standards promulgated forhigh-zinc (greater than 15 percent) K061nonwastewaters (56 FR 41164, August19, 1991) to low-zinc K061nonwastewaters; by doing this, theAgency eliminates the low- vs. high-zinccategories and regulates all K061nonwastewaters with the samenumerical treatment standards andgeneric exclusion levels. Thepromulgated treatment standards arebased on the performance of high-temperature metals recovery (HTMR};however, since these are concentration-based standards, any technology,including stabilization, that meets thetreatment standards can be used.

2. Alternative Treatment Standards forF006 and K062 Nonwastewaters Basedon High Temperature Metals Recovery(HTMR)

The Agency is promulgatingalternative treatment standards for K062and F006 nonwastewaters as proposed.These treatment standards, based onHTMR are the same as those

promulgated in August 19I for "high-zinc" nonwastewaters and thestandards promulgated in this rule forall K061 nonwastewaters.

EPA is also promulgating a newregulatory section (40 CFR 268.46) forany treatment standards serving asalternates for compliance withstandards in 40 CFR 268.41, 26&42 and268.43.

The alternative treatment standardsfor F006 includes standards forcyanides. Although the Agency has noHTMR performance data for cyanide,EPA believes (as discussed in theproposed rule at 57 FR 975) that IMRtreats cyanide to a level comparable toincineration. Since no commenterschallenged this belief and there is noreason to believe HTMR units will notdestroy cyanide as efficiently asincineration, EPA is promulgatingalternative cyanide standards for F006developed from incineratorperformance. The HTMR-basedalternative treatment standards arehigher numerically for severalconstituents (chromium in K062:cadmium, nickel and silver in F006) thanthe original stabilization-basedstandards. These higher numbers areacceptable to the Agency as alternativetreatment standards because the HTMR-based alternatives regulate moreconstituents than the originalstabilization-based standards, and alsobecause they express the Agency'spreference for recycling methods.

3. Generic Exclusion of F006 and K062HTMR Nonwastewater Residues

EPA is promulgating generic exclusionlevels for nonwastewater residuesgenerated from HTMR of F006 and K062in rotary kilns, flame reactors, electricfurnaces, plasma arc furnaces, slagreactors, rotary hearth furnace/electricfurnace combinations, or industrialfurnaces. These residues can go intosubtitle D units if the residues meet thegeneric exclusion levels for allconstituents and these residues that donot exhibit any of the hazardouscharacteristics. The Agency received avariety of comments on the genericexclusion for all K061. K062, and F006HTMR residues. Some of the commentssupported this extension of the genericexclusion: Others objected to theexclusion levels and to the Agency'sdecision to limit the generic exclusion toHTMR residues.

Although the vertical and horizontalspread (VHS) model was the basis forcalculating the proposed genericexclusion levels, EPA indicated in theJanuary 9, 1992 proposed rule preamblethat it also was considering basingexclusion levels on an alternative

model, the EPA Composite Model forLandfills (EPACML) (see 57 FR 976, seealso 56 FR 67197, December 30, 1991 foradopting use of the model in site specificdelistings). Most commenters discussedthe EPACML alternative and urged theAgency to use it rather than the VHSmodel to develop generic exclusionlevels for this rule.

The most salient consequence of thechange in models from VHS to EPACMLis that EPACML generic exclusion levelsfor arsenic and zinc are higher than theBDAT standards in the HTMR-basedalternative treatment standards for K062and F006 and in the HTMR-based BDATstandards for K061. EPA retained theEPACML-based generic exclusionnumbers regardless of their valuesrelative to HTMR BDAT standardsbecause the-generic exclusion isindependent from BDAT in such a waythat EPA has no reason to adjust genericexclusion levels in order to reconcilethem with BDAT standards when thenumerical values differ significantly fora particular compound. The different.and occasionally overlapping, sets ofnumbers for BDAT standards andgeneric exclusion levels reflect the factthat these are two different sets ofregulatory controls on HTMR residuesfrom K061, K062, F006. BDAT standardsapply to residuals from treatment ofhazardous waste-which are themselvesstill hazardous wastes because of thederived-from rule intended for landdisposal. They reflect the best level ofperformance that treatment technologycan provide and they apply tohazardous wastes concentrations ofcontaminants determined (by the model)to pose minimal health risks when thewaste is disposed in a unit permittedunder RCRA Subtitle D. A genericexclusion takes a waste out of thehazardous-waste universe becausewhen a waste meets generic exclusionlevels the exclusion essentially exemptsit from subtitle C management.

The Agency also received a number ofsignificant comments on the proposal togrant a generic exclusion for residuesfrom HTMR processing of F006 and Kf2nonwastewaters. Many commentersfavored the proposed exclusion. WasteManagement Inc., (WMI) and theHazardous Waste Treatment Council(HWTC) objected, however, on severalgrounds.

WMI submitted comments similar tothose it previously submitted for theK061 high-zinc submategory rule. Inparticular, the commenter objected tothe generic exclusion for a number ofreasons; First, there are relatively fewHTMR treaters of P06 and K052; site-specific delistings are a more

37207




appropriate alternative. Second,excluding slag to be used as a road-basematerial is an inappropriate applicationof the VHS. Third, EPA based theexclusion decision on inadequate dataregarding the different types of HTMRprocesses that are potentially subject tothe exclusion and on inadequate data onthe fate of organic species that may bepresent in the feedstocks. Fourth, theVHS model to exclude K061 did notconsider exposures from runoff or winddispersion. Fifth, there is concern aboutunaddressed air emissions problemswith the HTMR processes themselves.

The Agency responded to thesubstantive issues in these comments inthe K061 high-zinc subcategory finalrulemaking. EPA's position remains that,although the generic exclusion mayaffect a small number of facilities at thetime of promulgation, other HTMRfacilities may be constructed in thefuture. More important, however, EPA'sgeneric exclusion decision in regard tothese wastes depends on the potentialhazard (e.g., waste volume, composition)of the waste generated, not on thenumber of facilities generating thewaste.

In today's final rule, the Agency isusing EPACML instead of the VHSmodel to represent more accurately thegroundwater hydraulics at landfills.EPACML predicts the potential forgroundwater contamination from wastesthat are co-disposed with municipalsolid waste in an unlined land disposalunit and is, therefore, an appropriatelyconservative methodology for evaluatingthe risk from landfilled HTMR residue.In addition, as in the August 19, 1991rule for K061, the Agency is limiting thegeneric exclusion to F006 and K062HTMR residues, among other things,disposed of in a subtitle D unit and thusis-not evaluating the appropriateness ofEPACML for quantifying the safety ofany use constituting a disposal scenariosuch as-use as roadbase. Consequently,this generic exclusion does not covermaterial to be used as a product.

The Agency disagrees with thecomment that inadequate data werecollected from the different types ofHTMR processes that are potentiallysubject to exclusion. In determining theBDAT treatment levels, the Agencyreviewed all the treatment performancedata available from various HTMRprocesses. (These data are available inthe Background Document supportingthis rulemaking). EPA then calculatedthe final treatment standards based onthe data from well-designed and well-operated HTMR processes. Thus, EPAbelieves that it has adequatelycharacterized the performance of the

major HTMR processes with respect toachieving the BDAT treatment levels.EPA notes further that since theexclusion levels are essentially risk-based numbers (i.e., the numbers arebased either on the model or are theslightly lower technology-basednumbers), the issue of the sufficiency oftreatment performance characterizationdata does not affect the validity of thegeneric exclusion standards. To addressthe Agency's intent to establish"minimize threat levels" which couldrequire modification of the purelytechnology-based BDAT standards, EPAis evaluating the alternatives proposedin the Hazardous Waste IdentificationRule (HWIR) (see 57 FR 21450, May 20,1992).

In response to the commenter'sconcern about the fate of organicspecies in the feed to HTMR processes,the Agency remains convinced that,considering that HTMR units operate athigher temperatures and longerresidence times than incinerators, thatHTMR units will destroy organicconstituents as well as incinerators. Allavailable data showed no quantifiablelevels of organic constituents in treatedresidues, confirming EPA's engineeringopinion; nor do the processed wastestypically contain appreciableconcentrations of organics. (The Agencynotes that while developing the BDATtreatment standards for nonwastewaterHTMR K061 residues it investigatedwhether toxic organic constituents werepresent in the HTMR residues. Theavailable treatment performance datadid not indicate the presence of BDATlist organic constituents at'detectablelevels). In addition, as part of itsdelisting petition request for residualslag from treatment of K061 waste byHTMR, Horsehead Resource andDevelopment Company (HRD) analyzedresidual slag samples for sixteenpolycyclic aromatic hydrocarbon(PAHs) constituents most likely to beproducts of incomplete combustion.None of the sixteen PAHs was detectedin any of the samples generated fromcoke-fired and coal-fired processing.

WMI objected that using the VHSmodel to generate generic exclusionlevels for K061, K062, and F006 is notappropriate because it only consideredcontaminant transport in groundwaterand excludes exposures from run-off orwind dispersion.

As already indicated, the Agency haschosen to limit the scope of the currentgeneric exclusion to slag disposed of ina subtitle D unit. The Agency isconfident that the EPACML isappropriate for a land disposal scenarioand is therefore finalizing the generic

exclusion for F006 and K062 residuesfrom HTMR processes with thecondition that such disposal occur. Seethe discussion of the EPACML model at56 FR 32993, July 18,1991.

The Hazardous Waste TreatmentCouncil (HWTC) also objected to theAgency's proposal to include F006 andK062 residues resulting from HTMRprocessing in the generic exclusion.HWTC was concerned that theexclusion was an automatic, self-implementing process requiring neitheranalytical verification nor review byEPA or the public. Section IV.E. oftoday's rule describes EPA's revisedrecordkeeping requirements forgenerically excluded HTMR K061, K062.and F006 residues (and characteristicwastes). This section explains EPA'schoice of a tracking and handlingsystem for generically excluded wastes.

With respect to the issue concerningair emissions, the Agency notes that allexisting HTMR units use baghouses, wetscrubbers, or some other form of airpollution control device (APCD) tocapture particulate matter present in theoff-gases. These units may also beaddressed pursuant to amended section112 of the Clean Air Act. The amendedsection 112 requires the application ofmaximum achievable control technology(MCAT) controls to major sources ofhazardous air pollutants, plus furtherrisk-based controls (if necessary) at alater time. Therefore, EPA does notbelieve that these units need also besubject to the BIF regulations (see 56 FR7142, February 21, 1991 for furtherdiscussion on EPA's basis for notregulating air emissions from these unitsunder subtitle C).

Another issue was HWTC's objectionto EPA's granting a generic exclusion forHTMR residuals from processing F006and K062 while denying the exclusionfor other non-HTMR recycling andtreatment technologies treating F006 andK062.

The Agency based the decision togrant a generic exclusion for HTMRresidues only for the following reasons:The generic exclusion will only apply tothose nonwastewater residuesgenerated by HTMf processes and notto other non-HTMR processes, such ashydrometallurgical processes orstabilization. The Agency currentlylacks sufficient data to evaluate theresidues from hydrometallurgicalprocesses or to develop an appropriatesampling and analysis methodology forresidues from hydrometallurgicalprocesses.

The Agency presented the reasons fornot generically excluding stabilizedresidues in the August 19, 1991 K061



Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulatione

high zinc final rule (56 FR 41173). TheHTMR residues demonstrate consistentleaching behavior whereas stabilizedmatrices do not. The chemical bondingthat occurs in the high temperature andoxidation/reduction conditions withinthe HTMR units is inherently differentfrom the bonding that forms the basis ofcementitious and pozzolanicstabilization. In addition, the kinetics ofthe reaction forming the bonds in theseHTMR processes are superior in termsof immobilizing metals to the kinetics ofbond formation in cementitiousreactions because they are faster.(Common forms of cement are nottypically considered set until after aminimum of 72 hours and often notconsidered fully cured until after 28days). Furthermore, stabilization ishighly matrix-dependent and prone tochemical interference. Most commercialstabilization facilities develop specialmixes to control curing time and/orproduct integrity.

EPA reminds the regulated communitythat it is not prohibiting stabilization astreatment for K061. K062, and F006waste, and that facility-specific delistingremains an option for stabilized K061,K062, and F006 wastes. Because of theinherent differences between HTMRand stabilization stated above andbecause existing data do not support ageneric exclusion for stabilized K061,K062, and F006 wastes, the Agencychooses not to extend generic exclusionto these stabilized residues.

D. Vanadium: Treatment Standards andAppendix VIII

The Agency is deferring the expansionof the list of inorganic constituents inappendix VIII and is not includingvanadium in the treatment standards.These remain technical issues that EPAhas not yet resolved in the brief timeallocated in promulgating today'sregulations. The proposed HWIR (57 FR21450, May 20. 1992) identified exclusioncriteria for Vanadium, and the Agency iscontinuing to assess how to addressVanadium in HWIR and future LandDisposal Restrictions.

Because of concerns aboutVanadium's low volatility andconsequent tendency to accumulate inslag residual, the August 19, 1991, rulefor high-zinc K061 nonwastewatersreserved vanadium rather than set anumerical treatment standard. Datareviewed by the Agency for the high-zinc rule since that time does notsupport setting a treatment standard forvanadium. EPA is therefore notpromulgating treatment standards forvanadium in K061 nor promulgatingvanadium standards in alternativestandards for K062 and F006 wastes in

this rule.

FINAL GENERiC ExcLUsioN LEVELS FORK061 AND K062 HTMR RESIoES

(Nonwastewaters)

Maximum for anyRegulated constituent single

__________________ (mgmI

Antim ony .......................................... 0.10Arsen c ............................................. 0.50Barium ......................................... 7.6Beryllium ........................................ 0.010Cadmium ..................................... 0.050Chromium (total) ........... 0.33Lead .................................................. 0.15M ercury ............................................ 0.009Nickel ............................................. 1.0Selenium ..................................... 0.16Silver ................................................. 0.30Thallium .......................................... 0.020Zinc ................................................... 70

FINAL GENERIC EXCLusioN LEVELS FORF006 HTMR RESIDUES

[Wastewetersl

Maxi m for anyRegulated constituent sin le.

________(m/)

Antimony . ............. ....................Arsenic ..........................................Barium ..... ..................................Beryllium ...........................................Cadmium . ... ................. Chromium (total) ............................Lead ..............................................M ercury .....................................Nickel ................. .............................Selerum ........................................Silver . ........ ....... . .Thallium ..............................Zinc . ............................................

0.100.507.60.0100.0500.330.150.0091.00.160.300.020

70

Maximum for any

Regulated constituent Single composite

Cyanide (Total) ............................. 1.8

FINAL TREATMENT STANDARDS FOR K061

[Low and high zinc subcategories. nonwastewaters]

Maximum for anyRegulated constituent single compositesamnple-TCLP

fmg/I

Antim ony ......................................... 2.1Arsenic ......... . 0.055Barium........... .......... 7.8.Berylium .......................................... 0.014Cadm ium .......................................... 0.19Chromium (Total) .. .0............... 1.33Lead .................................................. 0.37M ercury ........................................... 0.009Nickel ......................... .................... 5.0Selenium ........................................ 0.16Silver........... ............ 0.30Thallium ........ .......................... 0.078Zinc ................................................... 5.3

TREATMENT STANDARDS FOR K02(Nonweelewalers)

Alternativetvetmee Tisawmni

standoui based stmndardso i HTMR based an

Regulated performance stabilizationconstituent mmiliu for maxum for

compsit sample-T&Ps ipp-TCLP --TI)

Antimeny ............ 2.1 NAArsenic ....... ..... 0055 NABarium ................. 7.6 NABeryllium .............. 0.014 NACadmium ...... 0.19 NAChromium

(Total) ............. 0.33 0.004Lead ................... 0.37 0.37Meury .............. 0.009 NANickel .................. 5.0 NASelenium ........... 0.18 NASilver ......... .......... 30 NAThallium.......... 0-078 NAZinc .................... 5.3 NA

NA-Not Applicable.

TREATMENT STANoARDS FOR F006[Nonwastewaters]

Alternativetrealmaed Treatment

sin based standards basedon HTMR on staltiftellonRegulated pedom e maximum forconstituent mm f y single

anmy Sivale sarnple-T Psasp

composit

Antimony .......... 2.1 NAArsenic .............. 0.055' NABarium ............... 7.8 NABeyllum ........... 0.014 NACadmium .......... 0.19 0.066Chromium

(Tota ............ 0.33 5.2Lead ................ 0.37 0.51Mercury ............. 0.009 NANickel ................ 5.0 0.32Selenium ........... 0.16 NASilver .................. 0.30 0.072Thallium ............. 0.078 NAZinc .................... 6.3 NA

Alternativevenent Taslment

standards based standapds basedReqIafed on HTMR on alkalineRne t , performerce chor11n1onconstituent for t maximum W

any ~ any single grab

samsple fwu/tAj ______

(Totalq ........... 1. 590Cyanides

(Amenable). NA 30

NA-Not Applicable

37209II I I I I • I I I




E. Notification and Certification forCharacteristic Wastes

The Agency is finalizing a revision tothe recordkeeping requirements forcertain wastes that meet LDR standardsand are treated to nonhazardous levels.The change in notification andcertification requirements affects twogroups of wastes: characteristic wastesthat meet LDR standards and aretreated below the regulatory levelsestablished for characteristic wastes,and K061, K062, and F006 residues fromhigh temperature metal recovery thatmeet the generic exclusion levels and donot exhibit any hazardous wastecharacteristics. As proposed (see 57 FR977), the Agency will no longer requirethe generator or treater to submit to EPAor an authorized state a notification andcertification for each off-site shipment ofthese wastes. Instead, amended§ 268.9(d) and § 261.3(c](2)(ii)(C) nowrequire that the generator or treaterprepare the notification and certificationfor the initial shipment only, place onecopy in the generator's or treater's ownfiles, and send another copy to theappropriate EPA region or authorizedstate. The documentation must beretained by the generator or treater forat least five years. The generator's ortreater's records must be updated if theprocess or operation generating thewaste changes and/or if the subtitle Dfacility receiving the waste changes;however, the generator or treator needonly notify EPA or an authorized stateon an annual basis (at the end of thecalendar year but no later thanDecember 31) if the process or operationgenerating the waste changes or if thesubtitle D facility receiving the wastechanges. The document must include thename and address of the subtitle Dfacility receiving the waste, a wastedescription, applicable treatmentstandards, and a certification that thestandards have been met. For K061,K062, and F006 residues from high.temperature metal recovery, therecordkeeping requirements in§ 261.3(c)(2)(ii)(C) supersede those in§ 268.7(a)(6).

The Agency proposed this changebecause the existing requirementsappeared to pose an unnecessarypaperwork burden. It did not appearnecessary for EPA or the states to benotified concerning every shipment ofcharacteristic wastes and K061, K062,and F006 residues treated tononhazardous levels: yet, at the sametime, EPA and the states still need to beable to verify such treatment whenconducting inspections of wastemanagement operations. The Agencyrequested comment on the paperwork

burden of the existing requirements, onits proposal, and on several alternativerequirements that would also reduce therecordkeeping burden (see 57 FR 977).

Several commenters described theexisting burden as "significant" or"onerous." One commenter said therequirement is especially burdensomefor facilities with multiple shipments perday and is unnecessary since the wasteis deemed nonhazardous. Anothercommenter stated that one of its plantshad submitted over 1300 identicalnotification and certification documentsin an eighteen-month period as a resultof the § 268.9(d) requirement. Still othercommenters said the existingrequirement is not onerous, sincefacilities can use fill-in-the-blank typeforms.

The majority of commenters, however,supported the requirement beingfinalized today. Those who supportedthe requirement promulgated todayinterpreted it to require a reasonablelevel of recordkeeping while providingreadily available information to allowidentification of the subtitle D facilitiesreceiving the waste. Several of thesecommenters said the alternativeproposals were overly burdensomewithout providing attendant benefits.

Commenters who supported theexisting recordkeeping requirementsargued that submittal of a certificationto EPA is the only incentive forgenerators to ensure that excludedwaste going to subtitle D units isproperly treated. One commenter arguedthat the new proposal would weaken theRCRA system of cradle-to-graveprotection. Another commenteradvocated notification to the subtitle Dfacility receiving the waste, becauseonly the generator or treater hassufficient information to determine if itmeets the land disposal restrictions.

After considering all comments, EPAis finalizing the proposed revisionbecause it is confident that there is littleneed for documentation of everyshipment of the identical nonhazardouswaste, nor is there a need for EPA orstates to be informed of each shipmentfor disposal, as long as the informationis available to inspectors. As forrequiring notification of subtitle Dfacilities receiving the waste, EPAremains concerned that such arequirement would be counterproductive(see discussion at 55 FR 22662 to 22663).

F. Wastes Listed Because They Exhibita Characteristic

In the January 9,1992 proposed rule,EPA proposed a clarifying change to theexisting regulations dealing with theapplicability of land disposalprohibitions to wastes that are listed

solely because they exhibit a non-toxiccharacteristic of hazardous wastes (see57 FR 978). An example are the non-chlorinated solvents listed as F003 forwhich EPA promulgated numericaltreatment standards in 1986. EPA hadpreviously stated that such wastescannot be diluted to meet the treatmentstandards and that these wastes mustbe treated to meet the part 268 treatmentstandards (56 FR 3871, January 31, 1991;57 FR 978). Put another way, the landdisposal prohibitions would apply at thepoint of generation for such wastes.EPA's proposed clarification was thatthe same principles apply with respectto mixtures of wastes listed becausethey exhibit a characteristic and othersolid wastes (57 FR 9781.

Upon reviewing this issue further,however, EPA realized that the principleappeared inconsistent (or could be readto be inconsistent), with respect towastewaters listed because they exhibita characteristic, with the rules adoptedin the Third Third regulation regardingmanagement of characteristicwastewaters. In the Third Thirdregulation, EPA applied prohibitions atthe point of disposal for wastes that arehazardous because they exhibit acharacteristic and are disposed in non-hazardous Class I injection wells; theAgency also applied dilutionprohibitions at the point of disposal formost characteristic wastewatersmanaged in wastewater treatmentsystems ultimately discharging pursuantto sections 307 or 402 of the Clean WaterAct. See § § 148.1(d), 268.3(b); and 55 FR22656-22659 (June 1, 1990). This wouldindicate that wastewaters which arelisted because they exhibit acharacteristic would not be prohibitedfrom disposal by underground injectionprovided they do not exhibit acharacteristic when they are injected. Inaddition, such wastewaters canpermissibly be diluted to meet thetreatment standards before managementin surface impoundments, provided theimpoundments are part of treatmentsystems that are discharging pursuant toClean Water Act requirements andprovided the waste does not exhibit acharacteristic when placed in animpoundment.

After considering this issue, and aftersoliciting and receiving further publiccomment on the point, EPA isinterpreting its rules so as to beconsistent with the approach of theThird Third rule with respect towastewaters that exhibit acharacteristic for the reasons set out inthat rule. Thus, prohibitions forwastewaters that are listed solelybecause they exhibit a characteristic



Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations 37211

will apply at the point of disposal asexplained above. Put another way, EPAis reading the existing rules in § § 148.1and 268.3(b) as applying to wastewatersthat are listed solely because they,exhibit a non-toxic characteristic.

The Agency is not reconsidering, orreopening, the issue of treatmentstandards for nonwastewaters that arelisted because they exhibit acharacteristic. Thus, such wastes cannotbe land disposed until treated to meetthe applicable treatment standards, andcannot be diluted to meet thosetreatment standards (56 FR 3871). Thiswould also be true of mixtures involvingsuch listed wastes, since otherwise theprohibitions would have no realmeaning.

Finally, with respect to wastewaters,the Agency recognizes that the issue ofthe legality of the Agency's applicationof prohibitions for characteristicwastewaters at the point of disposal hasbeen submitted for judgment to a panelof the District of Columbia Circuit Courtas part of the litigation over the ThirdThird rule (Chemical WasteManagement v. EPA, No. 90-1230). TheAgency's action today clarifying that thesame rules apply to wastewaters listedbecause they exhibit acharacteristicand other characteristic wastewatersthus would be subject to the decisionreached in this litigation.

G. Storage and Treatment inContainment Buildings

In some cases, hazardous wastesprohibited from land disposal must bestored for short periods of time tofacilitate recycling, recovery, treatment,or transport off site to meet LDR-standards; treatment may also beperformed while these materials arebeing stored. Some of these non-liquidhazardous wastes are generated in largevolumes (often in batches), and may notbe amenable to management in RCRAtanks or containers. These wastes aresometimes stored or treated on concretepads or similar floors inside buildings.

EPA currently classifies this type ofmanagement unit as an indoor wastepile, which EPA considers to be a landdisposal unit based on the statutorydefinition of land disposal in section3004(k). See 52 FR 40605 (November 7,1986). Lead slags and spent potlinersfrom primary aluminum production areexamples of hazardous wastes that areamenable to management in such unitsbecause of their volume or bulk;contaminated debris may also bemanaged in such units. EPA believesthat management of a hazardous wasteinside a unit designed and operated tocontain the hazardous waste within theunit-akin to storage in a RCRA tank or

container-does not pose the types ofpotential harms or uncertaintiesCongress sought to address in definingland disposal, as it did in RCRA section3004(k). These include uncertaintiesregarding containment of hazardousconstituents placed on the land and thepotential for persistence, toxicity,mobility and bioaccumulation ofhazardous wastes placed on the land. Aunit designed, constructed, and operatedto contain the hazardous waste within itmay, moreover, fulfill the congressionalgoal of waste management that isprotective of human health and theenvironment. See section 3004(d)(1)(A)-(C) and 1003(a)(5).

EPA is today promulgating standardsallowing management of hazardouswastes, including but not limited to leadslags, spent potliners, and contaminateddebris within units, to be termed"containment buildings", which will notbe considered placement on the landand thus not constitute land disposal asdefined in section 3004(k) of RCRA. Toallow storage and treatment ofprohibited wastes in containmentbuildings, EPA today is establishing anew definition of containment building,amending the existing definition of pileto exclude containment buildings, andincluding containment buildings withinthose units covered by § 268.50 aspermissible for storage of prohibitedwastes (since these buildings are nolonger land disposal units), albeitsubject to the prohibition on extendedstorage. EPA is also establishing specificdesign and operating standards for suchunits under § § 264 and 265, and allowinggenerators' containment buildings to beeligible under § 262.34 for the 90-daygenerator provisions if their unit(s)meets all of the technical requirementsfor containment buildings (refer todiscussion on 90-day applicabilityupcoming in this section).

Under today's rule, all containmentbuildings-both permitted andunpermitted-must achieve the samelevel of performance. Accordingly, EPAtoday is promulgating standards thatrequire containment buildings operatingunder the part 265, subpart DD interimstatus standards to be designed,operated, and maintained to meet thesame design and operating requirementsas permitted containment buildings.These are either the design andoperating standards in subparts DD ofparts 264 or 265.

Virtually all public commentssupported the establishment of this newtype of management unit. The rulepromulgated today incorporates onlyminor changes from the proposed rule.

To provide adequate time for designand construction of containment

buildings, the effective date for theseprovisions shall be February 18, 1993.However, owner/operators who wish tobegin operating containment buildingsunder these provisions prior to theeffective date may do so provided thatthey notify the Regional Administratorof their intent, and they comply with therequirements of subpart DD prior tobeginning operation.

1. Containment Buildings Are Not LandDisposal Units

The final rule indicates thatcontainment buildings are not landdisposal units. Thus, prohibited wastescan be stored in containment buildingswithout first meeting a treatmentstandard.

We explain below in detail howcontainment buildings are defined.However, the key features fordetermining that they are not landdisposal units are that wastes are storedindoors in a secure structure (securelywalled, roofed, and floored) that isdesigned to provide containmentcomparable to that provided by tanks orcontainers. EPA sees no statutorycommand precluding Agency discretionto define such units as not involvingland disposal, nor did any commentersuggest that the Agency was barredfrom this determination. Moreover,storage in such units does not raise thetypes of environmental concerns and •uncertainties (see section 1002(b)(7) and3004(d)(1)(A)-(C)) that Congress soughtto address in requiring hazardouswastes to be preteated before beingland disposed. Also, by definingcontainment buildings as not involvingland disposal, the Agency is preventingthe anomaly of bulk hazardous wastesnot amenable to tank storage, yetrequiring storage before treatment, beingunable to be legally stored because non-tank or container storage would bedefined as land disposal. An example isbattery parts and groups that must bestaged before being smelted. (55 FR22637.) Accordingly, EPA is exercisingits discretion to define containmentbuildings as not being land disposalunits.

2. Definition of Containment Building

EPA today defines in § 260.10 a newunit, "containment building," as a"hazardous waste management unit thatis used to store or treat hazardous wasteunder the provisions of subpart DD ofparts 264 and 265." Subpart DD of parts264 and 265 enumerates the design andoperating standards for these units thatensure containment comparable to thatof a RCRA tank or container. EPA is



3"2.12 Federal Register / Vol. 57. No. 160 J Tuesday, August 18, 1992 / Rules and Regulations

also modifying the definition of "wastepile" to exclude these units.

Under today's rule, a containmentbuilding unit is not defined as landdisposal pursuant to RCRA section3004(k) if the unit meets therequirements of J 264.1100 and§ 265.1100. The unit must, among otherthings, be campletely enclosed and haveself-supporting walls, a primary barrier,designed to be sufficiently durable towithstand the movement of personnel,wastes, and handling equipment in theunit, a secondary containment system(unless the unit manages non-liquidwastes only or has obtained a variancefrom the secondary containment.standard], a liquid collection system,and controls for fugitive dust. The floors,walls, and roof of the unit must beconstructed of man-made materials withsufficient stirctural strength to supportthemselves, the waste contents, and anypersonnel and heavy equipment thatoperate within the unit The unit alsomust be designed and operated toprevent tracking of materials out of theunit.

3. Applicability of the 90-DayAccumulation Exclusion in § 262.34

a. Containmot Buildiqgs Are Eligiblefor 90-Day Status. Under § 202.34, agenerator may accumulate hazardouswaste on-site for 90 days or less withouta permit or without having interimstatus provided he complies with therequirements of subpart J, J, or W of 40CFR part 265. among other requirements.To date, EPA has limited applicability ofthis 90-day provision to generators'containers, tanks, or drip pads (see 55FR 50450, December 6. 1990}. EPA todayis extending the 90-day generatorexemption in 1 262.34 to includecontainment buildings. The extension ofthe 90-day generator exemption tocontainment buildings is consistent withthe application of the 90-day generatorexemption to similar types of hazardouswaste storage units, e.g., tanks andcontainers.

Commenters to the proposed ruleoverwhelmingly supported the extensionof the 90-day generator exemption tothese units. Some commenters alsosuggested that EPA extend thisexemption to all containment buildings;others suggested extending thisexemption beyond go days. The 90-daygenerator provision is premised on theneed to avoid undue interference withgenerators' roduotion pocesses (45 FR2730, Febrary X, 19O" and stands as anarrow exception to otherwiseapplicable permitting requrements. Thisrationale does mot appear to apply tooff-site facilities. Therefore, the Agencyis not extending its applicability in

today's rule. However, EPA notes thatextensions may be granted to the go-daytime period under existing rules whencertain specific circumstances apply(see 55 FR 50450, December 6, 1990).

Specific to the comments suggestingthat EPA extend the 90-day generatorprovision to all containment buildingsincluding off-site facilities, EPA is nottaking action in today's rule. EPA will,however, take comment on a proposal toexpand the 9o-day generator exemptionto all containment buildings in theupcoming proposal for petroleumcontaminated debris to be deferred fromthe TC. At that time, the Agency willevaluate whether the Agency's narrowexemption for go-day units to generatorsshould be expanded to off-site units forall tanks, containers, and containmentbuildings.

b. Docmientihg Compliance with 90-Day Limitations. In the proposed rule,EPA requested comment on whethergenerators who store or treat hazardouswaste in containment buildings pursuantto the 90-day accumulator provisionsshould be required to maintain on site.for the operating life of the containmentbuilding, a description of the proceduresensnring that no waste remains in thecontainment building for more than 90days. EPA proposed that documentationof each waste removal be required inthe generator's on-site files recording, ata minimum, the quantity of wasteremoved and the date and time ofremoval. EPA also noted that certainoperations, for example, the continuousprocessing of wastes or blending ofwastes, might complicate the generator'sability to determine when a particularwaste volume ceased to be presentwithin the containment building. EPArequested public comment on how bestto ensure and document generatorcompliance with the requirementlimiting the time waste may beaccumulated within the containmentbuilding to 90 days or less.

Several commenters suggested a"mass balance" approach wherein thevolume removed from a containmentbuilding over the course of go dayswould be required to be at least equal tothe amount placed in the unit during thatperiod to ensure compliance with thetime limit. EPA does not believe that thiswould be adequate. While such anapproach might ensure that the averageresidence time of wastes in the unit isless than 90 days, it could not assurethat all wastes reside in the unit for lessthan that period.

Instead, EPA agrees with comnmenterswho stuested that documentedprocedures ought to assure that eachvolume of waste resides in the unit for

no more than 90 days. This requirementcoald be met in two ways: (1) Bydocumenting that the wait is emptied atleast once every g days. or {2) byhaving and documenting (in writing) theprocedures in place to ensure thatwastes in the unit ame segregated by ageand that no portion of the stored wastesis allowed to remain beyond the timelimit. As part of that latterdemonstration, owmer/operators mustdocument that the nature of theirhazardous waste inuagement operationis consistent with respecting that 90-daylimit. For example, a generator whoplans to use such a unit to accurmulatewaste for off-site shipment on a monthlybasis should be able to meet this testone who ships waste off site semi-annualiy could not do so. Given thestatute's normal permitting scheme aswell as the constraints on extendedstorage in section 3004(j), EPA believesthis degree of assurance of actual wasteturnover is justified.

EPA does not seek to requiredocumentation of each individualaddition or removal of waste from theunit; rather, the required writtendocumentation must show thatprocedures are in place to ensure thatindividual additions and removals ofwastes are consistent with the go-daytime limit for each portion of the wastesmanaged in the unit. However, if thegenerator cannot meet the 90-day timelimit or if a hazardous waste is stored ortreated in an off-site containmentbuilding, the unit must have interimstatus or a permit in accordance withexisting regulations.

c. Reclassifiktion Regulated Unitsto 90-Day Status. EPA anticipates thatsome currently operating units that havebeen previously classified as waste pileswill be converted to containmentbuildings as a result of today's rule. It ispossible that there may be (or havebeen) releases of hazardous wastes fromsuch uaits. When this rule wasproposed, EPA raised the issue ofwhether unit-specific corrective actionauthority under RCRA should beretained for new units and for existinginterim status or permitted units thatsubsequently become g0-day generatorswith containment buildings as their onlyRCRA activity. EPA pointed out thateven without RCRA oorrective actionauthority, generators would still beliable for any releases under CERCLA.

Several oomipenhers sugested thatsome or all uilts converted tocontainment buildings should not besu4 ect to corrective action. While theAgency understads these oommenters'concerns, the Agency beieves that umit-specific corrective aetion is an




appropriate part of the standards forcontainment buildings to remediatereleases that conceivably occur or mayoccur from the unit. Such standards area routine part of every standard for aRCRA hazardous waste managementunit, including 90-day generator units.See, e.g. § 265.196 (corrective action fortanks including 90-day tanks) and§ 265.443(m) (corrective action for drip.pads including 90-day drip pads). TheAgency knows of no legal or policyjustification for excluding these unitsfrom corrective action requirements (i.e.,not redressing hazardous waste releasesfrom such units).

However, new units operating underthe 90-day generator provision will nottrigger facility-wide corrective actionunder RCRA by themselves under theterms of today's rule, because no permitis required for their operations and theunits have never had interim status orpermits (see RCRA sections 3004(u) and3008(h)). These units, however, mustremediate unit-specific releases as justdiscussed, and also would be solidwaste management units if the facilityrequires a RCRA permit for other units.

For previously regulated units, EPAexpects that the "unit" for the purposeof corrective action will include theentire structure, or the entire portion ofthe structure operated, when thecontainment building is a part of a largerstructure.

As noted above, 90-day containmentbuildings must meet the samesubstantive standards as permitted andinterim status units. This includes arequirement of obtaining certification bya professional engineer that the unit isdesigned and constructed to meet therequirements for containment buildingsand must maintain such certification atthe facility (§ 262.34(a)(1)(iv)). Thesubject of such certifications isdiscussed at greater length below.Generators planning to convert to orinstall containment buildings in advanceof the effective date for theserequirements are required to placecertifications for these units in thefacility's operating record no later than60 days from the date of initial operationof the unit as a containment building.After February 18, 1993, PE certificationis required prior to operation of the unit.

4. Containment Building Requirements

The specific requirements for acontainment building restrict the typesof hazardous wastes that may be storedor trtated in the unit and specifyperformance standards for the designand operation of the unit to ensure ameasure of protection of human healthand the environment greater than thatprovided by an indoor waste pile, and

substantially equivalent to that providedby a RCRA tank or container. Seesubpart DD, parts 264 and 265.

a. Acceptable Wastes. Manycommenters supported EPA's proposalto allow dry wastes or wastes with"very small quantities" of free liquids tobe managed in containment buildings.Comments were divided on whether theterm "very small" used in the proposalrequired an explicit definition or impliedan unnecessary and arbitrary limit onthe amount of liquid included in ahazardous waste to be managed in acontainment building. Today's rulestates that wastes managed incontainment buildings not be liquid inform (i.e., flow under their own weightto fill the vessel in which they areplaced, or contain so much liquid thatthey'are readily pumpable) or releasesuch large quantities of liquid into theunit that liquid removal systems cannotprevent accumulation of liquid tosignificant depths. (These liquid wastescan, of course, be managed in tanks andcontainers that are inside containmentbuildings.)

EPA developed the containmentbuilding standards so that owner/operators could store or treat hazardouswastes that are not liquid in form, andwhich are not amenable to managementin tanks or containers (perhaps becausethe waste occurs in a bulky form, orbecause it is produced in great volume.)This can facilitate owner/operatorcompliance with the prescribed BDATstandards. However, any waste that isnon-liquid in form can also be stored/treated in containment buildings even ifthe waste already comply with the landdisposal restriction standards. Thestandards discussed below will ensurethat these wastes will not pose a hazardto human health or the environmentwhen managed in containmentbuildings.

Prior to incorporating these conceptsinto this rule, EPA considereddeveloping a Policy Directive wherebycertain hazardous wastes, i.e., aluminumspent potliners, recycled lead batteries,and possibly electric arc furnace dusts,were definitively identified ascandidates for management withincontainment buildings. Although EPAbelieved wastes that are non-liquid inform could also be managed morepracticably in containment buildingsrather than tanks or containers,information on such wastes remainedlacking. EPA considered two optionsregarding hazardous wastes eligible formanagement in these units: (1] Allhazardous wastes, includingcontaminated debris; and (2) onlycontaminated debris and certainadditional bulky, high volume hazardous

wastes that EPA currently understandscannot be practicably stored/treated intanks or containers. Public comments onthe proposed rule stated that EPAshould not limit eligibility to debris andcertain bulky, high volume hazardouswastes or to specific waste codes, andthat a specific limitation on the amountof liquid included in the waste was alsonot appropriate.

EPA sees no reason to restricteligibility to only those hazardouswastes for which EPA has dataavailable or to only prohibited wastes.When designed, constructed, andoperated in accordance with thestandards being promulgated today, acontainment building managinghazardous waste that is non-liquid inform will ensure protection of humanhealth and the environment.

Example: A secondary lead smeltingfacility recovers lead from battery platesand groups taken from lead-acidbatteries. One of the steps involved inthis process, battery cracking,necessarily generates wet lead-bearingmaterials. For process efficiency, amongother reasons, free liquids are removedto the extent feasible prior to staging thematerials for furnace feed. However,some residual free liquid remains andcannot be removed easily. In thisexample, the overall form of thematerial is non-liquid, even though someamount of free liquid remains despiteattempts to remove it. These wastes areeligible for management in containmentbuildings.

Example: A-facility is cleaning up anarea containing contaminated soil. Theexcavated soil contains water in the soilmatrix, and is at or near the point ofsaturation. Visual inspection of the soilreveals that the amount of free liquidexpected to be released in acontainment building is very small incomparison with the total volume of thewaste- and the liquids managementcapacity of the unit. This material maybe managed in a containment building.

b. Acceptable Activities, Containmentbuildings can be used to store hazardouswaste for such activities as treatment(including recovery or other recycling)or transport off site to meet LDRtreatment standards. As notedelsewhere in today's rule, wastes maybe treated in containment buildings aswell as stored in them. Examples of suchtreatment could include some of thetechnologies discussed in appendix I tothis preamble for treatment ofcontaminated debris. Many of thesetechnologies require the use of liquid. Inmany cases, such treatment would beconducted in tanks or containers withinsuch buildings, and the existing

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standards for tanks and containerswould apply. For example, a method fortreating hazardous debris could includetreatment in a tank within acontainment building followed bystorage for a short-period in thecontainment building. In this example,treatment in the tank would be regulatedunder the RCRA tank standards, whilesubsequent storage of the treated wastewould be regulated under thecontainment building standards.

In other cases, treatment in tanks andcontainers as such may not be possible.For example, personnel may not be ableto apply safely some of the prescribeddebris treatment technologies to largebulky debris within a tank or container.Therefore, EPA is also allowingtreatment that utilizes the addition ofliquid as part of BDAT treatment indesignated areas within containmentbuildings. Any drainage or accumulationof liquids applied to hazardous debrismust comply with relevant regulations.EPA is requiring that liquids be removedfrom the containment building at theearliest practicable time in order topreserve the effectiveness of liquidcontainment systems (§ 264.1101(b)(2)(ii)and § 285.l1O1(b)(2)(ii)).

c. Design and Operating Standards.EPA is promulgating the followingdesign and operating standards forpermitted units, units operated underinterim status, and units under the 90-day accumulation exemption. In general,the design and operating standards areintended to ensure containment of wasteequivalent (or. with regard to airemissions superior) to the containmentachieved by tanks. Thus, the units mustbe designed to contain releases to landthrough periary and in some casessecondary containment systems, and tocontain potential particulate emissionsas well Tie unit is also to be designedto prevent exposure of waste toprecipitation and wind. As noted above,EPA is determining that these units arenot engaged in land disposal based ondesigns for this level of containment.Moreovr, the design and operatingstandards should ensure protection ofhuman heath and the environment (asdo the tank standards).

Thus, to distinguish these units fromwaste pile--L4., land disposal units-hazardous wastes managed in theseunits must be fully contained within theunit. As such, the unit must becompletely enclosed with a floor, wallsand a roof to prevent exposure toprecipitation and wind (§ 264.1101(a)(1)and § 2W5.11O1(a)l|). Many of thehazardous wastes currently managed inthese waste piles may have significantvolumes of fine particulates. EPA

believes that enclosure within astructure, in conjunction with othermeasures to control fugitive dustemissions, will prevent the escape ofthese fine particulates from the unit.Although a number of commenters tothe proposed rule did not believe -complete enclosure to be necessary,EPA continues to regard this as key toensuring complete containment ofwastes managed in these units, and thusdistinguishing these units from landdisposal units such as piles.

i. Floors, Walls, and Roof. The floor,walls, and roof of the unit must beconstructed of man-made materials withsufficient structural strength to supportthemselves, the waste contents, and anypersonnel and heavy equipment thatoperate within the unit. Fragile barriersthat would not withstand repeatedcontact with handling equipment used inthe unit thus are not suitable, and unitsdesigned with such ineffective barrierswould not be containment buildings.Operating events such as deliberate oraccidental placement of materialsagainst containment walls must betaken into account in designing andconstructing the unit. Factors such assettlemenL frost-heave, and exposure towind force must also be considered. Aflsurfaces to be in contact with hazardouswastes must be chemically compatiblewith those wastes. Because the intendeduse for these units is short-term storageor treatment, the unit must be designedto accommodate appropriate levels ofloading and unloading activity during itsoperating lifetime. (See § 264.1101(a)(2)and § 265.1101(a){Z).)

ii. Primary and SecondaryContainment. EPA is requiring severalmeasures to ensure that hazardouswastes are managed in a fashion thatensures containment of contaminantsand prevents releases into theenvironment. All containment buildingsmust be equipped with a primary barrierdesigned and constructed of materials toprevent hazardous wastes from beingaccidentally or deliberately placed onthe land beneath or outside the unit. Thedesign and construction of the primarybarrier will vary depending on the typeof waste to be managed in the unit. Forcontainment buildings used to managewastes without free liquids, the primarybarrier may be a concrete floor if thewastes to be managed will not migrateinto the concrete matrix. Containmentbuildings used to manage wastes witheven small amounts of free liquids mustbe provided with a primary barrierdesigned and constructed of mateiials toprevent migration of hazardousconstituents Into the barrier and a liquidcollection and removal system that will

minimize the accumulation of liquid onthe primary barrier 1§ 264.1101(bH) and§ 25.1101(bff2j). In this case, theprimary barrier might be a steel orflexible membrane liner covered by aconcrete wear surface. The liquidcollection and removal system abovethe primary barriei should be designed.constructed, and operated to minimizethe accumulation of liquids above theprimary barrier. EPA expects that aminimum one degree slope for theprimary barrier combined withappropriate means for collecting andremoving liquids [e.g. troughs, drains,dikes, or sumps and/or pumps asnecessary) will meet this goal. Thedetermination of the presence of freeliquids must be made using, for example.the paint filter test [EPA test methodSW--) if applicable, a visualexaminations, or other appropriatemeans.

The primary barrier must be sloped todrain liquids or other wastes to thecollection system, and to ensure thatliquids are not released into anyportions of the unit that are not providedwith secondary containment. This latterrequirement for separation between"wet" and "dry" areas of a containmentbuilding is discussed below in greaterdetail.

In all cases, the primary barrier mustbe designed to withstand the movementof personnel, wastes, and handlingequipment in the unit. (See§ 264.1101(a)(4) and J 265.1101(a){4).) Bythis, EPA means that coatings ormembranes that might be exposed toabrasion or tearing by personnel,wastes, or equipment must besufficiently durable to withstand thatactivity, be protected from it, or bescheduled for replacement on a regularbasis as needed as part of the design ofthe unit. The primary barrier must bemaintained to be free of cracks, gaps.corrosion, or other deterioration thatcould result in the significant release ofhazardous waste.

Portions of containment buildingsused to manage hazardous wastescontaining free liquids must, in addition.be provided with secondarycontainment systems including (1) asecondary barrier and (2) a leakdetection system. The secondary barriermust be designed and constructed ofmaterials to prevent the migration ofhazardous constituents into this barrier.The leak detection system, which liesbelow the primary barrier and .above thesecondary barrier, must be capable ofdetecting, collecting, and removing leaksof hazardous constituents through theprimary barrier at the earliestpracticable time. In keeping with the



Federal Register I Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations 37215

design standards for liners and leakdetection systems 157 FR 346. this maybe achieved by instalation of a systemthat is, at a minimum: (1) Constructedwith a bottom slope of I percent ormore; and (2) constructed of a granulardrainage material with a hydrauliccondctivity o I xwl-cm/sec or moreand a thickness of 1Z inches (30L5 cm) ormore, or constructed of synthetic orgeonet drainage materials with atransmissivity of 3 x 10- 5 ml/sec ormore. The secondary containmentsystem must be constructed of materialsthat are chemically resistant to thewaste managed in the containmentbuilding and of sufficient strength andthickness to prevent collapse under thepressure exerted by overlayingmaterials and by any equipment used inthe containment building.

If only portions of a containmentbuilding are equipped with secondarycontainment, then "dry" areas (thosewithout eondary containment) and"wet" areas (those areas with secondarycontainment) must be hydraulicallyseparate. By this EPA means that thecontainment bilding must be designedand operated so that liquids managed in"wet" areas are prevented from draininginto "dry" areas by measures such asdikes, walls trenches, differences ingrade etc. (See J 204.101(b)3)(i) and§ 265.11 1(bX3Xi) Wastes entering a"dry" area of the containment buikbng.from a "wet" area of the unit must notcontain more than de minimis amountsof free liquids (and a paint filter orequivalent test could be passed, if thephysical form of the material wouldallow such a test to be performed).

In addition. today's rule clarifies thattreatment of hazavdous wastes withincontainment buildings may involve theaddition of free liquids As with any"wet" containment building areas,portions of contaiamet buildings wherewastes are treated with liquids mustmeet design standards that the Agencyis promulgating today and that areequivalent to those applicable to tanks.These areas thus must be designed toprevent any release of liquids wetmaterials, or lquid aerosols to otherportions of the unit In particular,treatment technologies involving liquidsunder high presare such as highpressure washing must be restricted todedicated cells or areas within thecontainment build*s designed andoperated to prevent snch releases.Barriers to such releases should bedesigned and constructed to beappropriate to the nature of the physicaland chemical nature of the treatment tobe performed, and should ensure propercontrol of wastes and moisture

throughout the operating life of the unit.EPA notes that use of a number oftreatment technokgies includingtechnologies specified elsewhere intoday's rule may require barriers tomovement of moisture into unit wallsequivalent to those generally required toprevent migration of hazardousconstituents into the primary barrier.

For example, soil washing may beconducted in a treatment area of thecontainment building. After treatment,the soil is allowed to drain. Whilesignificant quantities of free liquidremain, the soil must be managed in"wet" areas with secondarycontainment. When only de minimisquantities free liquids remain thematerials may be managed in "dry"areas without secondary containment.

EPA recommends, but is not requiriagthat owner/operators of containmentbuikinps consider providing the entireuit with secondary containment inorder to guard against contaminantreleases and their associated costs inthe event of operator error, equipmentfaiure, or other unanticipatedcircumstance.

EPA believes containment buildingscan serve as secondary contaimnentsystems for tanks placed within thebuilding under certain conditions Acontainment building can serve as anexternal liner system for a tank.provided it meets the requirements of1 24.193(d)(1), i.e. that it is designedand operated to contain 100 percent ofthe capacity of the largest tank withinits boundary, desiged and operated toprevent run-on or infiltration ofprecipitation into the secondarycontainment system. bee of cracks orgape, and, designed and installed tosurround the tank compLetely and tocover all surrounding areas likely tcome into contact with the waste. Inaddition, the containment building mustmeet the requirements of I 2W.193(b)and j 264.193(c)(1) and (2) to beconsidered an acceptable secondarycontainment system for a tank.

iii. Waiver from and-Delay ofCompliance with SecondaryContainment. Under todaya rue, theRegional Administrator has thediscretion to waive the secondarycontainment requirement forcontainment buildinp or areas ofcontainment builkngs where the onlyliquids to be used in the unit are liquidsthat will be used to control duo or tootherwise protect worker healdth andsafety in accordance with OSHArequirements. Thus, in some cases theRegional Administrator may determn,on a case-by-case basis that secondarycontainment is not necessary where

liquids are used in this fashion. For 90-day units where owner/operators wishto use liquids to cmtro dust orotherwise protect worker health andsafety and do not believe that secondarycontainment is necesaary. the owner oroperator must make a denostrationthat the use of liquids in such a mannerwill not result in the release ofcontaminants and have a professionalengineer certify to the fact.

EPA is also allowing the option of adelayed compliance date for thesecondary containment requirement.Existing units converting to containment -buildings and which are equipped with aprimary barrier and a iiquid collectionsystem may be granted up to a two-yeardelay for compliance with the secondarycontainment requirement if these unitssubstantially meet all other standardsspelled out in today's rule. This may bethe case for some existing buildingscurrently surpassing the designrequirements applicable to indoor wastepiles but not having secondarycontainment.

To avail themselves of this extension,owner/operators must provide a writtenrequest to the Regional Administratorby February 18, 1993. This request mustinclude a description of the unit and itsoperating practices with specialreference to the design and performanceof any existing barrier layer(s), liquidcollection and removal systems. Existingdata and/or reports on materials,permeability, and drainagecharacteristics must be included.together with existing avaftable qualityassurance data on how the existing unitwas constructed. It must describespecific plans including a schedule forretrofitting these units to meet thestandards promulgated today.

The Regional Administrator willreview this plan, and approve or providecomments. 1f owner/operators receivecomments from the RegionalAdministrator, they will have 30 days torevise their submissons and respond tocomments. The Regional Administratorwit? review the revised submission, anddecide whether to grm'rt up to a 2-yeardelay for secondary containment andmay specify conditions or its approval.This decision will be based on whetherthe Regional Administrator hasconfidence that sobstantiely meets theother standards in the rule, so that theunit wifl not rekae contamikmats to theland prior to the required retrofit

ir. Height of Waste In U. Anothermeasure to ensure contaiment ofhazardous waste mamaged is these unitsis today's reqwreme tOW the level ofthe waste inside the usd canmol exceedthe height of the cootarmuen wall.




intended to come in contact with thehazardous waste. (See§ 264.1101(c)(1)(ii) and§ 265.1101(c)(1)(ii).) EPA considers it anecessary good housekeeping practice

--toprevent stored/treated hazardouswaste from spilling over the walls of theunit and, in the case of certainhazardous wastes, to be able to containany potential "landsliding" of materialout of the unit. It is important to notethat the walls referred to in thisprovision are those containment walls.or parts thereof, designed andconstructed to be in contact with thehazardous waste and to support itsweight. The following examplehighlights this distinction.

Example: A facility has constructed acontainment building to accumulate itshazardous waste prior to conductingtreatment to meet LDR standards. Theunit has a reinforced concrete floor and10-foot high reinforced concrete walls.The remainder of the sidewalls, builtatop the concrete wall and extending tothe roof, are constructed of steel framingwith fiberglass panels. In this example,the hazardous waste stored/treatedinside the unit must not be piled anyhigher than the 10-foot reinforcedconcrete walls. The remainder or upperportion of the walls are not designed tosupport the weight of the waste and maynot provide adequate containment of thewaste in the event of an unexpectedshift in the position of a portion of thewaste, i.e., hazardous waste couldescape through the panel joints.

A number of commenters to theproposed rule had concerns with theprohibition on piling wastes above theheight of the walls intended to containthem, noting correctly that many wastescan be formed into conical pilesextending substantially above the heightof walls which may be supporting aportion of their weight. EPA's reason forincluding this requirement is to assurethat there was no possibility ofaccidentally overtopping thecontainment walls. Accordingly, today'srule retains this requirement. EPA notes,however, that this requirement isintended to apply only to those wallsthat could come into contact with thewaste and are intended to contain thewaste. The examples below clarifyEPA's intent.

Example: If waste is stored in a roomwithin the containment building, wherethe interior walls, i.e., the walls of thatroom, are designed to support and/orcontain hazardous wastes, those wallsmust meet the standards forcontainment walls. Exterior walls thatcould not come into contact with the

waste would not have to meet thoserequirements in this case.

Example: If waste is stored in "stalls"within the containment building, wherethe walls that define the stalls are notdesigned and constructed to meet therequirements for containment walls,then the exterior walls must do so. Note,however, if the stalls are intended toseparate wet and dry areas or todocument that wastes are accumulatedfor less than 90 days, the stalls must beconstructed to fulfill their function undernormal operating conditions.

v. Standards for Doors and OtherOpenings. A related set of issues In theproposed rule refers to specifications fordoor and other wall openings used forequipment and personnel. EPA proposedthat these doors and openings should becapable of providing the same level ofstructural support and containment asthe rest of the wall, and invited publiccomment on specific standards for doorsand openings that are part of a wallotherwise providing support andcontainment of hazardous wastemanaged within a containment building.

Today's rule departs somewhat fromthe proposed rule on these issues. Inresponse to many public comments, EPAis clarifying that doors and otheropenings do not necessarily need tomeet the same structural standards aswalls. Depending on the nature of thewastes and the operations to be carriedout in a particular unit, a relatively light-weight door may be adequate if: (1) Itprovides an effective barrier thatcontrols fugitive dust emissions from theunit to meet the no visible emissionsstandard (see § 264.1101(c)(1)(iv) and§ 265.1101(c)(1)(iv)), and (2) the unit isdesigned and operated in a fashion thatassures that wastes will not actuallycome in contact with the door, Thislatter requirement could be satisfied, inmany cases, by a set-back of wastesstored in the unit. As noted above, theserequirements may be satisfied by eitherinterior or exterior walls, subject toconstraints posed by the way the wasteis managed.

vi. Measures to Prevent Tracking. EPAbelieves routine handling of hazardouswaste within many of these unitsdemands the frequent, if not constant,presence of personnel and handlingequipment, e.g., front-end loaders,cranes. As such, particularly when thehazardous waste includes smallparticulates or where handling of thehazardous waste generates dust, thepotential for tracking hazardous wasteout of the unit may be significant.Therefore, EPA is requiring that theowner/operator ensure the containmentof hazardous waste within the unit with

appropriate measures to prevent this.(See § 264.1101(c)(1)(iii) and§ 265.1101(c)(1)(iii).) Wash-down ofvehicles and equipment prior to exitingthe unit and dedicating vehicles andequipment for the sole purpose ofoperating within the unit are examplesof measures that owners/operators ofthese units could take when thepotential exists for tracking ofhazardous waste out of the unit. Inaddition, owner/operators must preventtracking of water or wet materials from.wet" areas to "dry" areas.

vii. Control of Fugitive DustEmissions. Because of the dusty natureof many of the hazardous wastes thatmay be managed in these units and thedusty conditions that can be caused bythe handling of these wastes within theunit, EPA also is requiring that owner/operators control fugitive dust emissionsduring normal operating conditions. (See§ 264.1101(c)(1)(iv) and§ 265.1101(c)(1)(iv).) EPA has revisedthese requirements from the proposedrule based on extensive public comment.Today's rule provides substantialadditional flexibility to owner/operatorsin how they may achieve the requireddegree of control. However, EPA is alsospecifying the standard more rigorously.and clarifying the presumption thatowner/operators must install andoperate systems to control fugitive dustemissions unless they can demonstratethat the wastes to be managed in theunit will not release significant amountsof fine particulates from the building asthey are handled or treated.

The proposed rule required a systemwhereby a negative pressure wasmaintained within the unit andparticulates collected, e.g., by fabricfilter or electrostatic precipitator. Inresponse to public comments, today'srule provides greater flexibility incontrolling fugitive dust, but morespecificity in the degree of control thatmust be attained.

The final rule requires that there be novisible emissions through any unitopenings. This state of no visibleemissions must be maintainedeffectively at all times during routineand operating and maintenanceconditions, including when vehicles andpersonnel are entering and exiting thecontainment building. This standard isbased on current standards required byEPA's Air Office. A test method found in40 CFR part 60 appendix A, Method 22-Visual Determination of FugitiveEmissions from Material Sources andSmoke Emissions from Flares-can beused to determine compliance with theno visible emissions requirement. It is atimed method where an observer, using



Fed" Register j Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulatims '217

a stopwatch, determines if for a givenperiod of time a source hasr visibleemissions. If used to meet thestandards, negative pressure dustcontrol systems should assure that theair flow throug openings such aswindows and doors is inward at alltimes. All dust controf systems must beoperated and maintained in accordancewith sound air polldtion controlpractices (these practices are describedin more detail in 40 CFR part 60, subpart292).

Techniques other than themaintenance of negative pressure maybe utilized where they can be shown tomaintain no visible emissions fromopenings in the unit. The owner aroperator of a containment building isrequired to maintain control of fugitivedust emissions such that any unitopenings (e4, doors., windows, sean-vents, cracks, etc.1 exhibit no visibleemissions outside the containmentbuilding. Compliance with thisrequirement may include such measuresas double door (airlock-typel entrydesigns. All units must have thecertification 61 a professional engineerthat any dust contrai system is. desigaedto achieve the no visible emissionsstandard.

Notwithstanding any otherrequirements of subpart DU of parts 264and 268, if the method of controllingfugitive dust emissions includes theapplication of liquids, the RegionalAdministrator has the discretion towaive the secondary containmentrequirement for containment buildingsor areas of containment buildings whereliquids will be used to control dust or tootherwise protect worker health andsafety in accordance with OSHArequirements. (See § 2641101(e) and§ 265.1101(e].j EPA notes that theapplication of free liquids alone may notbe sufficient to control fugitive dustemissions.

viii. Inspection Plan. To ensure theunit is operating as designed, EPA isrequiring all ownertoperators to have aninspection plan for all containmentbuildings that establishes an inspectionprogram that ensures maintenance ofthe structural integrity of the unit andprompt detection of any leaks orreleases to the air, ground, or water.EPA is requiring an inspection schedulefor these units whereby, at least everyseven days, monitoring/leak detectionequipment, the containment building,and the area surrounding thecontainment building is checked toensure the unit is being properlyoperated and that no leaksfreleaseshave occurred to the air, ground. orwater. (See § 264.1101(c)(4] and

§ 2fSt1UI1c)4V) This s conistent withthe existing inspectio requimentt fordrip pads and fes liner and i ekdetection system. These observatiasmust be recarded i the facility'soperating record. In the ever that aconditio is dtected that Ies led orcould lead to a relerae of hwaardomwaste, the owner or operator mustrepair the conditice within a reasonablyprompt time following discwery inaccordance with the standardprocedures for similar units. (See §264.1101{c{3) and § 265.101(cJ(3).]

In response to commnts on theseinspection requirements, EPA poiWt outin today's rule that these weeklyinspections need not be urdulyburdensome. Electronic. moruting ofliquid in secondary containmentsystems or of air pressure differentialsbetween the inside and outside of acontainment building are examples ofrelatively cost-effective monitoringtechniques.

ix. Engineering Certification. In theproposed rule. EPA identified that it wasconsidering but was not proposing arequirement for written certification byan independent registered professionalengineer (e.g. one who is not anemployee of the company, or of itsparent or subsidiary.1 The benefit ofsuch a certification would be to ensurethat any new or existing containmentbuilding is designed and constructedwith sufficient structural integrity tosafely manage and contain thehazardous waste. Public comment wasdivided on the appropriateness ofrequiring incdependent certification. EPAhas decided trot to require that thiscertification be made by an independentprofessional engineer. Sinceprofessional engineers are certified andlicensed by States and thus have asubstantial iinetive to maintain theirprofessional reputation, a professionalengineer must certify that thecontainment building has been desigpedwith sufficiest structural integrity and isacceptable for storing and treatinghazardous waste according to thestandards specified by EPA. Theassessment must show that thefoundation, structural support, primarybarrier, secondary containment systesn(where required), fugitive dust controlsystem, and leak detection system aredesigned to meet today's standards andthat the cotainment builing hassufficient structural strength andcompatibility with the waste to bestored or treated. (See S tLVIM(c){2)and § 265.1101ic) 2))

x. Temporary Cmtainment &uliugs.Finally, EPA is aware that in situatioussuch as hazardous waste site

remediatien effints a ppopri.e itdesigned and opemted ci'tainmeftbuildings could serve t* enhanc theperformance of biovemertfiattreatment techlnore. ft may notalways be appropriete for containmentbuildings intenled for temporary nse tobe constructed or operated in exactlythe fashiom outfined in today"s rule. EPAplans to address temporary containmentbuildings in a future rutemaking.

d. Closure Requfiements. Today's rulepromulgates requirements for closure ofcontainment buildings that areconsistent with the closure requirementsthat apply to waste piles (§ 6 Z4.259 and265.25 1 and tanks (§1 Z 4.197 and265.1971. At closure, owners or operatorsof both permitted and 9g-daycontainment buk~ngs wilt be requiredto clean close the units by removing allhazardous waste from the containmnentbuilding and by removing ordecontaminating all hazardous wasteresidues, contaminated containmentsystem components, contaminatedsubsoils, and structures and equipmwetcontaminated with waste, andthem in accordance with te Subtitle Cregulations. If the unit containmentbuilding cannot he clean dosed, the unitmust satisfy the requirements for closurethat apply to, landfills under j 2f4310 or265.310. For a discussion of therequirements for clean closure and the"remove or decontaminate" standard,see 52 FR 8504, March 19, 1907'.

Owner/operalem of interim statuswaste piles who wisis to coasr et theseunits to interim status contaiunentbuildings need not necessacily cleanclose their units prior to cenersion;closure requirements appia" to theseunits may be deferred rmW ckome ofthe containment building

5. Revised Definition of Pile

EPA today is revisng the iegulatoydefinition of pfle to exclude comtaimnwtbuildings. Specifically, EPA is revisingthe definition of "pi" to exkfici-yexclude ceritainiret beildns thataccumulate or treat prohibited wastesunder the proposed requbiesents ofParts 264 and zm Alkough EPA haspreviously classified all roofedstructures used to manag dry wastes asindoor waste piles. EPA beieves tbatthere are distinctions between indoorwaste piles that comstitute iandplacement and containment buildings.

Most commenters generaJy supportedthese changes as proposed, although alimited number ef conmenterssugges*d that EPA revise thedefinitions o 'W aid -lan" moreextensively. EPA mey refine thosedefinition. further iM separdte actimn at



.37218 Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations

a later date, but EPA believes that thedefinitions in today's rule (which aresubstantially similar to those in theproposed rule) identify the distinctionsbetween the various types of units withsufficient clarity to indicate which areland disposal and which aren't.

Under existing § 264.250, indoor wastepiles are required to exclude liquids ormaterial containing free liquids, beprotected from surface water run-on,control dispersal of waste by meansother than wetting, and not generateleachate through decomposition or otherreactions. In contrast, the containmentbuilding design and operating standardsprovide a higher level of containmentand are in many ways comparable toRCRA tanks-that is, the hazardouswaste is contained during storage ortreatment. For example, containmentbuildings must be fully enclosed, haveweight-bearing walls and floor systemsdesigned and constructed of materials toprevent migration of hazardousconstituents, be equipped with asecondary containment system in areaswhere the hazardous waste containssignificant quantities of free liquids, andbe provided with fugitive dust emissioncontrols. Whereas containmentbuildings are designed to managemoisture associated with non-liquidwastes, indoor waste piles areprecluded from including any waterwhatsoever.

6. Amendment of § 268.50 StorageProhibition and Permit Requirements

Under existing § 268.50, the storage ofhazardous wastes prohibited from landdisposal is also prohibited unless,among other requirements, the waste isstored in tanks or containers on sitesolely for the purpose of theaccumulation of such-quantities ofhazardous waste as are necessary tofacilitate recovery, treatment, ordisposal. At the time EPA adopted thisprovision, tanks and containers were theonly types of storage units that did notalso involve land disposal. Undertoday's rule, there will also be othertypes of storage units (i.e., containmentbuildings, subpart X storage units) notinvolving land disposal. There may alsobe other types of miscellaneous storageunits in the future, which units would beregulated under subpart X. EPA is thuspromulgating this rule to conform§ 268.50 to include these units.7. Amendments to the PermitModification Procedures in § 270.42

Today's rule also amends appendix Iof § 270.42 by adding section M whichwill classify permit modificationsinvolving containment buildings. Inaddition, today's rule amends the

modifications for waste piles by addingan item which classifies a modificationto a waste pile to meet the standards fora containment building as a Class 2modification. EPA believes that manyfacilities will make modifications totheir permitted waste piles to meet thestandards for containment buildings. Formore information on these permitmodification procedures, see 53 FR37912, September 28, 1988.

EPA is also amending section I ofappendix I of § 270.42 to add item 1.6,which allows permitted facilities toconvert existing waste piles tocontainment buildings by submitting aClass 2 modification to the Agency. EPAbelieves that the public should have theopportunity to comment on themodification request, which the Class 2procedures provide. However, EPAbelieves that this modification is notsignificant enough to warrant the Class3 procedures because the unit is anexisting unit, and the technicalstandards are more stringent forcontainment buildings than for wastepiles.

Some of the hazardous debristreatment processes that were proposedas BDAT under § 268.45 would takeplace in units that EPA proposed todefine as containment buildings. Toassist in the development of treatmentcapacity by permitted facilities to meetthe requirements of this rule, the Agencyproposed to change the criteria thatmust be met to grant a temporaryauthorization. The existing regulation at§ 270.42(e)(3)(ii)(B) allows approval ofthe request if the activity is necessary totreat or store restricted wastes in tanksor containers in accordance with part268. Today's rule amends these criteriato include the treatment or storage ofhazardous debris in containmentbuildings meeting the requirements inproposed subpart DD, parts 264 and 265.

8. Amendments to the Change DuringInterim Status Procedures in § 270.72

Section 270.72(b)(6) lifts thereconstruction limit for changes to treator store in tanks and containershazardous waste subject to landdisposal restrictions imposed by part268, provided that such changes aremade solely for the purpose ofcomplying with part 268. EPA believesthat this change should also apply totreatment or storage of hazardouswastes in containment buildings.Today's rule amends § 270.72(b)(6) tomake treatment or storage incontainment buildings as regulatedunder subpart DD, parts 264 and 265,exempt from the reconstruction limit.

9. Amendment of § 268.7 WasteAnalysis and RecordkeepingRequirements

Today's rule amends § 268.7 WasteAnalysis and Recordkeepingrequirements to include the managementor treatment of prohibited waste incontainment buildings.

10. Revision of § 260.10 Definition ofMiscellaneous Unit

Today's rule also makes a conformingchange to the § 260.10 definition of amiscellaneous unit by excludingcontainment buildings from thatdefinition.

H. Retrofitting Surface ImpoundmentsUnder Land Disposal Restrictions

1. Regulatory Background

On February 4, 1992, EPA proposed arule reconciling apparent conflicts instatutory language regarding surfaceimpoundments receiving newlyidentified and listed prohibitedhazardous wastes that have not beentreated to meet a treatment standard (57FR 4170). EPA is taking final action onthat proposal in this FR Notice becausethe issue is relevant to wastes(particularly F037/F038) for whichstandards are being adopted today.(EPA also discussed this issue in theproposal to this rule at 57 FR 999-1000.)

a. Issue. EPA has identified a conflictin the Resource Conservation andRecovery Act (RCRA) concerning thedeadline by which surfaceimpoundments managing wastes thatare both newly identified or listed ashazardous (i.e., identified or listed afterthe date of enactment of HSWA) andprohibited from land disposal mustcome into compliance with the minimumtechnological requirements (MTRs) ofsection 3004 (o)(1)(A) and 3005(j)(1). TheMTRs require surface impoundments tohave a double liner with a leakdetection system, and a ground-watermonitoring system.' In a typicalsituation, an impoundment will bereceiving a hazardous, prohibitedwastewater or generating a hazardous,prohibited sludge in the impoundment.These wastes typically will not meettreatment standards when placed inimpoundments. The statutory conflictarises because one set of provisionsstates that impoundments can receive

I EPA has stated that land disposal facilitiesnewly regulated under subtitle C of RORA as aresult of a newly identified or listed hazardouswaste must install a ground-water monitoringsystem within one year of the effective date of thelisting or characteristic rule (55.FR 39409. September27. 1990). This deadline will not change as a resultof this final rule.




untreated prohibited wastes only if theymeet MTRs. Moreover, it is assumedthat the lack of MTR impoundmentscreates a shortage of treatment capacity,justifying a variance. A further potentialproblem exists because normally onlyMTR impoundments are allowed toreceive restricted wastes subject tocapacity variances. On the other hand, adifferent statutory provision allowsimpoundments up to four years toachieve compliance with MTRs (or toclose). The conflict arises if the LDRprohibitions come into play before thisfour-year period expires.

We now describe the relevantstatutory provisions in more detail.Section 3005(j)(6) allows a four-yearcompliance period for meeting thesurface impoundment MTRs after thepromulgation of additional listings orcharacteristics of hazardous waste. Atthe end of the four-year period, theimpoundment must either meet MTRs orcease receiving, treating, or storinghazardous waste (referred to as"closing" in this discussion). (Thusimpoundments newly in the system aregiven the same four years to retrofit orclose that existing impoundmentsreceive. Section 3005(j)(1).) Congressthus acknowledged that retrofitting orclosure is not a quick process, but ratherone that requires time, thus temperingthe need to protect the environment withan acknowledgement that there must bea reasonable period for changingoperations.

2

Section 3004(g)(4) re~quires EPA toprohibit newly identified or listedhazardous wastes from land disposal(i.e., promulgate treatment standards forall such wastes not disposed in nomigration units) within six months of thedate of the new listing or characteristic.Section 3004(h)(4), which also deals withland disposal restrictions, states thatduring a national capacity variance(which EPA issues if sufficient treatmentcapacity is unavailable nationwide) orcase-by-case extension period (forindividual facilities demonstrating thatthey are unable to find existingtreatment but have a bindingcontractual commitment to providetreatment capacity), wastes not meetingthe treatment standards may be placed

2 Section 3005(i) is actually a series of deadlinesconnected with the retrofitting of surfaceimpoundments. For those units that undoubtedlyhave to retrofit, the time period is four years, whilethose that may qualify for variances Pre subject tointerim deadlines for application and action on thevariance request, and then a period, if the varianceis denied, to retrofit within the time remaining in thefour-year period. There are also retrofit deadlinesfor units initially granted variances, but later foundto be leaking. These units are given shorter periods(two or three years depending on the variance), butthis is appropriate where there is an actual leak.

in a surface impoundment only if theimpoundment is in compliance with theMTRs.3 Mobil Oil Corp. v. EPA, 871 F.2d149 (D.C. Cir. 1989). Finally, section3005(j)(11) states that only surfaceimpoundments meeting MTRs, and thatare dredged annually, may receiveprohibited wastes that have not yet meta treatment standard.

As noted above, these provisionsraise two sources of potential conflict.The first is how long non-MTRimpoundments can continue to receiveprohibited wastes (i.e., wastes notmeeting a treatment standard and forwhich there is no capacity variance).Section 3005(j)(6) indicates four yearswhile section 3005(j)(11) does not allowit. A second conflict occurs forimpoundments managing wastesgranted a national capacity variance orcase-by-case extension when treatmentstandards are promulgated, because it isunclear whether surface impoundmentsmust be in compliance with the MTRs atthat time (per section 3004(h)(4)) or fouryears after the promulgation of the newlisting or characteristic.

b. History. This conflict was notapparent when Congress enacted theHazardous and Solid WasteAmendments of 1984 (HSWA) or whenEPA first implemented the land disposalrestrictions, even though the earliestland disposal restrictions dates (24months from the enactment of HSWAfor solvents and dioxins and 36 monthsfor the California list wastes) wouldappear to cut short the November 8, 1988retrofit deadline (four years after HSW/Aenactment) for interim status surfaceimpoundments if they received wastesfor which EPA granted a capacityvariance. The issue did not arisebecause EPA interpreted section 3004(h)differently at that time; rather thanrequiring an individual unit receivingrestricted waste to meet the MTRs, EPArequired only those units within thesame facility that were otherwisesubject to the MTRs to be in compliance.As a practical matter, that meant thatonly new, replacement, or expansionunits had to meet the MTRs.

In the August 17, 1988 rulepromulgating the land disposalrestrictions for the First Third ScheduledWastes (53 FR 31138), EPA changed itsinterpretation to require individual unitsto comply with the MTRs. Thatreinterpretation became effective fouryears after the enactment of HSWA andwas upheld in Mobil Oil Corp. v. EPA,

3 RCRA sections 3004(h(2) and 3004(h)(3) restrictthe duration of national capacity variances andcase-by-case extensions to a maximum of fouryears. If capacity becomes available sooner, It mustbe used.

871 F.2d 149 (D.C. Cir. 1989). There wasno conflict at that time because the four-year retrofitting period ended at thesame time that the revised interpretationtook effect.

The conflict was mentioned in theThird Third proposal (54 FR 48499,November 22, 1989), which stated that ifEPA issues a capacity variance fornewly identified or listed hazardouswastes, it would have to reconcile thedifferences in sections 3005(j)(6) and3004(h)(4). (The notice did not allude topotential conflicts with section3005(j)(11) because it was assumed thatthe lack of MTR impoundments wouldgive rise to circumstances justifyingcapacity variances, triggering thepotential conflict with section3004(h)(4).) Several commentersresponded to this issue. Some statedthat section 3005(j)(6) explicitly affordedfour years to retrofit surfaceimpoundments newly brought undersubtitle C regulation. Anothercommented that the four years providedto retrofit surface impoundmentsmanaging regulated mineral processingwastes may not be adequate, and thatthe schedule should be determined site-specifically.

Others disagreed, however, that aconflict exists between sections3004(h)(4) and 3005(j)(6). They arguedthat: (1) EPA's interpretation of section3004(h)(4), rather than any inherent flawin the statute, led to the apparent"conflict," and (2) the general languageof section 3004(h)(4) cannot override thespecific language of section 3005(j)(6),wherein the issue of newly identified orlisted hazardous waste is addresseddirectly. EPA did not resolve this issuein the final Third Third land disposalrestrictions rule, but rather left it forlater resolution. EPA is taking thisopportunity to resolve the conflict.

2. Agency Interpretation

a. How long can impoundmentscontinue to be used to receive orgenerate newly identified or listedhazardous wastes? The first set ofprovisions potentially in conflict are3005(j)(6) and 3005(j)(11). As notedabove, one provision allows four yearsto retrofit or close an impoundment, theother says that only MTR impoundmentscan receive prohibited wastes notmeeting a treatment standard. OnceEPA promulgates a treatment standard.the question is whether a non-MTRimpoundment can receive prohibitedwastewaters, and continue to generateprohibited sludges, i.e., whether thesewastes can continue to be land disposed(section 3004(k)) within the non-MTRimpoundment, assuming, as is almost

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certain, that the wastes do not meet thetreatment standard when they aredisposed in the impoundment. 4

As noted below, the same questionarises if one assumes that lack ofexistence of MTR Impoundmentstriggers capacity variances, because§ 268.5(h) (codifying section 3004(h) (4))indicates that only MTR impoundmentsare eligible to receive the restrictedwastes subject to the variance(assuming impoundments disposal).

EPA believes that this set ofprovisions is in conflict, since any otherreading means that Congress gave afour-year window for continued non-MTR impoundment use with one hand,and snatched it away with the other bymeans of section 3005(j)(11). 5 TheAgency is resolving this conflict byallowing interim status surfaceimpoundments a four-year period (fromthe effective date of the wasteidentification or listing) to continueusing the impoundment to receiveprohibited wastewaters and generateprohibited sludges. This allows theperiod Congress appeared to deemtypically necessary to close or retrofitan impoundment (see also section3005U)(1) where Congress provided thesame four-year period for impoundmentsmanaging wastes identified or listed as

4 The Agency adheres to its consistently heldview that wastes generated in surfaceimpoundments are land disposed within themeaning of section 3004(k). The Land DisposalRestrictions for Solvents and Dioxins final rule,which laid the foundation for future Land DisposalRestriction rules, stated that "residuals that exceedthe treatment standards must be removed at leastannually from the time the waste is first placed inthe impoundment" (51 FR 40601. Nov. 7, 1986).Hence, it presupposed that sludges generated insurface impoundments would be regulated by therule. This presupposition is also apparent at 53 FR17581, Aug. 17, 1988, and 54 FR 26598, June 23,1989.Certainly, generation of a sludge in an impoundmentfits the definition of land disposal in section 3004(k):"any placement of such hazardous waste in a * * *surface impoundment *.... In addition, sincesludges are virtually never generated outside ofimpoundments and then put into them. anyconstruction that sludges generated inimpoundments are not also disposed in them wouldresult in the overwhelming majority ofimpoundments managing hazardous wastes beingoutside the scope of the land disposal restrictions.This would undermine a principal Congressionalpurpose, since impoundments are singled out as themost environmentally adverse form of hazardouswaste management unit. See, e.g., RCRA section1002(b)(7); CMA v. EPA. 9 F.2d 158 (D.C. Cir. 1990).EPA has consistently taken into account thevolumes of sludges generated in surfaceimpoundments in the capacity determinationsrequired for RCRA section 3004(h) (53 FR 17607,May 17, 1988:53 FR 31191. Aug. 17. 1988; 54 FR26636, June 23,1969. 54 FR 48471, Nov. 22, 1989, and55 FR 22832, June 1, 1990).

5 The Agency does not believe it fruitful to argueabout which provision is more specific. One is morespecific with regard to dealing with newly listedwaste, but the other is more specific in addressingthe relationship of impoundments and the landdisposal restriction provisions.

hazardous on the date of enactment ofthe 1984 amendments).

Although Congress goal is not to putuntreated wastes into non-MTR-compliant surface impoundments, itrecognized that MTR compliance cannotbe achieved immediately. Although thelegislative history does not expresslyarticulate it, the structure of section3005(j) shows that Congress thought thatthe goal of environmental protection(served by retrofitting) needed to bebalanced against the goal of avoidingsudden disruptions and capacity lossesin waste treatment and disposal that asix-month deadline could cause.Congress felt that four years struck anappropriate balance.

Although EPA recognizes that not allimpoundments will take four years toclose or retrofit (see 57 FR at 4173-74(Feb. 4, 1992)), an interpretation thatwould allow EPA to review individualdeterminations of whether a full four-year period is needed to close or retrofit(for example, through review ofapplications for case-by-case capacityextensions) appears unduly disruptive ofplant waste management determinations(i.e., EPA or State officials second-guessing determinations of thenecessary length of time to close orretrofit), and wasteful of Agencyresources as well. In addition, Congressindicated that a four-year window wasappropriate. Thus, the Agency isinterpreting these provisions to statethat non-MTR impoundments canremain operating for four years after theeffective date of the waste identificationor listing notwithstanding that they arereceiving prohibited waste not meeting atreatment standard.e

This same potential conflict is raisedin duplicative fashion during the periodof a national or case-by-case capacityvariance. Not only is there the conflictwith section 3005(j)(11) as discussedabove, but a conflict with section3004(h)(4) as well, since under thatprovision (as implemented in section268.5(h)) only MTR impoundments canreceive wastes during the period of acapacity variance.,EPA is resolving thisconflict by allowing a four-year retrofitperiod for the same reasons givenabove. Thus, the Agency reads section3005(j)(6) as an exception to the generalrule of section 3004(h)(4) (and

6 As noted above, another way of viewing thisquestion is to say that the conditions for some formof treatment capacity variance are satisfied becauseeven if treatment capacity exists outside the surfaceimpoundment, wastes must continue to be landdisposed in the impoundment for some period oftime while the impoundment is closed or retrofitted.EPA would give the same answer (i.e., four years ofcontinued use) if the question were conceptualizedin terms of capacity variances.

3005(j)(11)); that is, surfaceimpoundments newly brought into thesubtitle C system by a new listing orcharacteristic have four years to retrofiteven if they receive wastes subject to anational capacity variance or case-by-case extension. However, EPA notesthat the potential conflict betweenstatutory provisions exists whether ornot treatment capacity exists outside ofthe surface impoundment (see fn. 6).7

b. Resolution where treatmentcapacity exists outside the surfaceimpoundment. If treatment capacityexists outside the surface impoundment.however, a further issue exists withrespect to sludges generated within asurface impoundment, since thesesludges can be removed for treatmentelsewhere. In the January 9, 1992proposed rule, the Agency proposed toresolve these issues by requiring annualdredging of F037 and F038 sludges, plusrequiring clean closure of the unit(assuming the unit would be closedrather than retrofitted). The proposalwas premised on the logic that ifretrofitted impoundments receivingwastes not meeting a treatmentstandards had to be dredged annually(because of section 3005(j)(11)),unretrofitted impoundments should besubject to the same standard if therewas a means of treating the waste beingremoved. The proposed clean closurerequirement was based on the notionthat if treatment capacity exists, itshould be used in preference to disposalin a non-MTR impoundment. In the Feb.4 proposal, EPA also noted a generalprinciple of requiring use of treatmentcapacity for wastes in section 3005(j)(6)impoundments where such treatmentcapacity exists. (57 FR 4170.)

Commenters noted that aspects of theproposal did not necessarily makeenvironmental sense. They noted that anannual dredging requirement wasunlikely to provide significantenvironmental benefit because theimpoundments were likely to be closedin a short time in any event, when somesludge removal was likely. Beforeclosure, the impoundment would bemonitored and subject to correctiveaction requirements. In addition, anannual dredging requirement couldinterfere with on-going use of theimpoundment. With respect to clean

7Of course, prohibited sludges generated outsideof impoundments could not be managed in a non-MTR impoundment in any case. If treatmentcapacity is available for such sludges, it must beutilized. If treatment capacity is unavailable (i.e.,there is a capacity variance in place for suchwastes), the wastes must be disposed in an MTRlandfill, or impoundment, or some other type of landdisposal units such as land treatment (I 268.5(h)).




closure, commenters pointed out(correctly) that this would entailremoval not only of accumulatedsludges but subsurface contaminatedsoils as well which are not the focus ofthe treatment requirements, and thatforcing clean closure could interferewith otherwise available and potentiallymore cost-effective types of closureoptions.

EPA finds many of these commentspersuasive and believes that thefollowing interpretation best resolvesthese issues. First, EPA is notinterpreting these provisions asnecessitating annual dredging ofaccumulated sludges. Either theimpoundment will close in a short time(no more than four years), or it will beretrofitted and become subject to theannual dredging requirement in section3005(j)(11) (as implemented by§ 268.4(a)(2)(ii)). If the impoundmentcloses, EPA is interpreting theprovisions to allow closure with wastesin place (unless the unit operatorchooses to clean close theimpoundment). Thus, under this reading,continued use of the impoundmentwould be allowed during the four-yearretrofit/closure period (as explained insection 1 above), use of theimpoundment during that time wouldnot be disrupted by a dredgingrequirement, and the impoundmentwould be allowed to close with wastesin place. These are the same optionsthat were available to impoundments in1984 managing wastes already identifiedor listed as hazardous.

3. Technical Analysis

a. Introduction. Owners or operatorsof surface impoundments managingnewly listed or characteristic hazardouswastes have several options forcomplying with the minimumtechnological requirements. Facilitiesmay retrofit the surface impoundmentswith liners and leak detection systemsin compliance with the requirements ofsection 3004(o)(1)(A)(i). Alternatively,facilities may replace their treatmentsurface impoundments with wastewatertreatment tanks regulated under theClean Water Act or may opt to close thesurface impoundments and send thewaste off-site.

EPA believes that very few facilitiesmanaging newly regulated wastes insurface impoundments will choose toretrofit their impoundments. Forexample, the Chemical ManufacturersAssociation (CMA) conducted aninformal survey of 582 chemicalmanufacturing facilities in the fall of1989 to obtain information about themanagement of "non-hazardous wastes"in surface impoundments. Twenty-seven

facilities reported that 85 surfaceimpoundments would be newlyregulated as a result of the ToxicityCharacteristic rule (55 FR 11798, March29, 1990); of these 85, only 9 would beretrofitted with liners and leak detectionsystems. Replacing surfaceimpoundments with tank systems wasthe most frequently planned method ofcompliance for the respondents to thissurvey. Past experience also indicatesthat surface impoundment owners oroperators are more likely to replacetheir surface impoundments with tanksystems than to retrofit theimpoundments. RCRA section 3005(j)(1)required surface impoundments thatwere in existence and that qualified forinterim status on the date of enactmentof HSWA to come into compliance withthe MTRs by November 8, 1988. Mostfacilities with surface impoundmentsreplaced their impoundments with tanksin response to this deadline. Less thanfive percent of these facilities actuallyretrofitted their surface impoundments.

To support today's rulemaking, EPAundertook an analysis to determine howmuch time is needed for owners oroperators of newly regulated surfaceimpoundments to comply with the MTRseither by replacing the impoundmentswith wastewater treatment tanksexempt from RCRA subtitle C standards,or by retrofitting the surfaceimpoundments with liners and leakdetection systems according to therequirements of section 3004(o)(1)(A)(i).EPA collected information from avariety of sources, including facilitiesthat have implemented these practicesin the past or plan to do so in the future(e.g., in response to the TC), tankmanufacturers, and engineers. Theresults were summarized in theproposed rule (57 FR 4170), and areavailable in the background document.8

4. ConclusionEPA found that the time needed to

comply with the MTRs variesconsiderably based on case-by-casefactors (e.g., current waste managementpractices, land availability) and regionalfactors (e.g., climate). According to

8 It should be noted that the potential statutoryconflict at issue in this rulemaking is mostimmediately relevant to wastes newly regulated asa result of the Toxicity Characteristic (TC) rule (55FR 11798, March 29, 1990). According to theregulatory impact analysis for the TC, about730,000,000 metric tons per year of wastewatersmanaged in surface impoundments at over 2,000facilities are estimated to exhibit the TC (U.S. EPA.OSW. U.S. EPA Background Document. ToxicityCharacteristic Regulatory Impact Analysis. FinalReport. March 1990). This potential conflict will alsoarise with respect to all future newly identified orlisted hazardous wastes; however, the TC rule isused as an example throughout this section.

EPA's information sources, six monthsappears not to be enough time to eitherretrofit a surface impoundment orreplace the impoundment with awastewater treatment tank. Replacing asurface impoundment with a tankfrequently takes two to four years, andretrofitting a surface impoundmentfrequently takes two to three years.

EPA believes that most interim statussurface impoundments managing wastesnewly identified or listed as hazardouswill be able to comply with the surfaceimpoundment MTRs within four years ofthe date promulgating the listing orcharacteristic. Thus, the four-year periodallowed in section 3005(j)(6) is areasonable period within which to comeinto compliance.

V. Detailed Discussion of Final Rule:Hazardous Debris

A. Overview

The Agency is today promulgating afinal rule for the treatment of hazardousdebris. Until today, debris destined forland disposal that was contaminatedwith a prohibited RCRA hazardouswaste or that exhibited a prohibitedRCRA hazardous characteristic wassubject to the treatment standard forthat listed waste or characteristic. See,e.g., 55 FR 22649 and RCRA sections3004 (d)(3) and (e)(3). Althoughhazardous waste debris (as well ascontaminated media) is subject to theLDR prohibitions, there is norequirement that it have the sametreatment standards as the wastes withwhich it is contaminated. Indeed,because hazardous debris may be amatrix significantly different from theunderlying prohibited waste, it isappropriate as a technical matter todetermine whether different treatmentstandards were appropriate.

Today, EPA is promulgating treatmentstandards for hazardous debrisprohibited from land disposal. Undertoday's rule, hazardous debris must betreated by specified technologies basedon the type of debris and type ofcontaminant(s) present or, as analternative, meet the LDRs for thespecified prohibited listed orcharacteristic waste with which it iscontaminated.

EPA has specified a number of BDATtechnologies for hazardous debris, withthe'choice of technology left up to thegenerator and/or treater managing thewaste. The technologies include widelyused treatment methods. EPA thusbelieves that it is preserving in this ruleas much flexibility for the treatment ofhazardous debris as possible.

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Prohibited hazardous debris is definedgenerally as solid material (that is not aprocess waste) having a particle size of60 mm or larger and that is intended forland disposal and exhibits a prohibitedcharacteristic of hazardous waste orthat is contaminated with a prohibitedlisted hazardous waste. Hazardousdebris must be treated by one of thespecified treatment technologies foreach "contaminant subject to treatment"defined as: (1) The BDAT constituentsfor the listed waste that are subject toland disposal restriction standards (asfound in § 268.41 and 268.43); and (2) theRCRA hazardous waste constituent(s)for which the hazardous debris fails theExtraction Procedure toxicitycharacteristic, in addition to any othercharacteristic which causes the debris tobe hazardous (i.e., ignitability,reactivity). As an alternative, thegenerator of the hazardous debris maychoose to treat the hazardous debris tothe existing waste-specific treatmentstandards for the waste contaminatingthe debris. However, in choosing thisalternative, the generator or treaterwould be required to sample andanalyze tlfe treated debris to ensurecompliance with the treatmentstandards prior to disposal in a SubtitleC land disposal unit.

To ensure effective treatment, thetreatment unit would be required tomeet performance standards or designand operating conditions specified in therule. In addition, the treatment unitwould generally be subject to the Part264 and 265 standards for treatmentfacilities to ensure protection of humanhealth and the environment.

The rule addresses not only the issueof when hazardous debris is sufficientlytreated, but the further question of whenit is a hazardous waste. Under the rule,treated hazardous debris would beexcluded from the definition ofhazardous waste provided that: (1) Thedebris is treated to the performance ordesign and operating standards by anextraction or destruction technologyrather than an immobilizationtechnology 9;.and (2) the treated debrisdoes not exhibit a characteristic ofhazardous waste. If an immobilizationtechnology is used, the treated debriswould not be automatically deemed anonhazardous waste. In addition, theAgency could determine on a case-by-case basis under today's rule that debrisno longer "contains" hazardous waste

1 In the Phase II land disposal restrictions rule.the Agency will reopen and request comment on theissue of whether immobilized debris should beexcluded from Subtitle C regulation. (See discussionin Section V.D.2.)

and is excluded from Subtitle 6regulation.

Residuals generated by the treatmentof hazardous debris are subject to thenumerical treatment standards for thewaste contaminating the debris.

B. Definitions of Debris and HazardousDebris

1. Definition of DebrisEPA is today defining debris as solid

material exceeding 60 mm (2.5 inch)particle size that is: (1) A manufacturedobject; or (2) plant or animal matter; or(3) natural geologic material (e.g.,cobbles and boulders), except that anymaterial for which a specific treatmentstandard is provided in Subpart D, part268, is not debris.1 0 A mixture of debrisand other material such as soil or sludgeis also subject to regulation as debris ifthe mixture is comprised primarily ofdebris by volume, based on visualinspection. Process residuals such assmelter slag and residues from thetreatment of waste (e.g., incineratorash), wastewater, sludges, or airemissions residues (e.g., collectedparticulate matter) are not debris. Wediscuss below that debris must beintended for discard (i.e., rather thancontinued use), that debris must be asolid material, the rationale for selectinga 60 mm particle size criterion for debris(i.e., as opposed to the 9.5 mm particlesize proposed) and for applying the sizecriterion to all debris (i.e., not just togeologic materials as proposed), therationale for regulating as debrismixtures of primarily debris and othermaterials, the rationale for notregulating process residuals as debris,and the rationale for regulatingnonempty containers as hazardouswaste subject to existing LDRs ratherthan as debris.

a. Debris Must Be Discarded orIntended for Discard. Debris must ofcourse be either a solid waste or media(e.g., boulders) that is discarded orintended for discard to be subject to thetreatment standards in today's rule.Those commenters on the proposed ruleexpressing concern that the proposedrule in some way vitiated (or wasintended to vitiate) this basic principlewere mistaken. This means that suchmaterials that might at some later timebecome debris, such as equipment orbuilding structures, but that are still inuse are not subject to the treatmentstandards. Such in-use material is not asolid waste because it has not beendiscarded or intended for discard, as

10 For example, lead acid or cadmium batteriesare not debris because they are subject to specifictreatment standards under § 268.42.

these terms are used in § 261.33 (i.e.,likely abandoned, as defined in § 261.2(a)(2)(i) and (b))

Media debris (e.g., boulders) is alsonot subject to regulation as solid wasteunless discarded or intended for discardand so is not automatically subject tothe treatment standards.

Once debris becomes a solid waste byvirtue of being discarded (includingmedia debris that becomes subject toregulation as solid waste by virtue ofbeing discarded), it is not necessarilysubject to the treatment standards. Forexample, contaminated debris that isnot actively managed after the effectivedate of the prohibitions (i.e., theeffective date of the LDRs for thehazardous waste contaminating thedebris) would not be subject to thestandards. See 53 FR 31148 (Aug. 17,1988). On the other hand, debris whichis contaminated with hazardous wastedisposed before the hazardous wastelisting effective date and which isactively managed is subject to theprohibitions and so would have to betreated to satisfy the treatmentstandards promulgated today before thedebris could be land disposed (assumingdisposal will not occur in a no-migrationunit). Chemical Waste Management v.EPA, 869 F. 2d 1526 (D.C. Cir. 1989).

b. Debris Must Be a Solid Material.The rule defines debris as a "solidmaterial." This means solid in a literalsense as defined in a commondictionary. A solid material is a materialthat retains its volume at roomtemperature without the need forsupport by a container. Examples ofsolid materials that are debris ifintended for discard and if their particlesize is 60 mm (2.5 inches) or greaterinclude: (1) Glass; (2) concrete(excluding cementitious or pozzolanicstabilized hazardous wastes); (3)masonry and refractory bricks; (4)nonintact containers I e.g., crusheddrums); (5) tanks; (6) pipes, valves,appliances, or industrial equipment; (7)scrap metal (as defined in 40 CFR261.1(c)(6)); (8) animal carcasses; (9) treestumps and other plant matter; (10) rock(e.g., cobbles and boulders); and (11)paper, plastic, and rubber. Not only isdefining debris as solid material inaccord with the common-sense view ofwhat debris is, but, more importantly, itis geared to the treatment standardsadopted today that ensure effectivedecontamination of solid materials byremoval or destruction of hazardouswaste. Clearly, if a liquid could be

I I See discussion in section V.B.I.f of the textregarding regulation of intact and nonintactcontainers.




considered debris, the concept ofcleaning off the outer surface to removecontamination does not make sense.-2

Even though debris must be a solidmaterial, it may contain or be mixedwith free liquids.13 The liquids may bewaste or ground or surface water thatmay be entrapped in the debris (e.g.. inpartially crushed containers (seediscussion below on regulation ofcontainers)) or may be still oozing fromthe debris if the debris was newlygenerated or newly excavated from aremediation site. (If liquids separatefrom hazardous debris prior to treatmentof the debri, they must be managed ashazardous waste.) Liquids that areentrapped in debris will be effectivelytreated under today's treatmentstandards for extraction or destructiontechnologies, If an extraction technologyis used, the toxic constituents in theliquid will be removed from the debrisas a treatment residue and is subject tothe LDRs for the waste contaminatingthe debris. If a destrvction technology isused, the toxic constituents in the liquidshould be destroyed.

We note, however, that debris that isimmobilized prior to land filling may notcontain free liquids as provided by§ § 264.314 and 265.314. Thus, free liquids(including liquids in crushed containers)cannot be present in debris that ismacroencapsulated or sealed, andcannot be present in debris that hasbeen micorencapsulated.

c. Debris Has a Particle Size LargerThan 60 mm. Today's rule defines debrisas solid material with a particle size of60 mm (2.5 inches) or greater. Wediscuss below the rationale forincreasing the particle size to 60 mnmfrom the proposed 9.5 mm particle size,the rationale for applying the sizecriterion to all debris, not just togeologic matter as proposed, therationale for defining 60 mm or largerclumps of fine-grained materials (e.g.,clumps of compacted clay) as nondebrismaterial and how the particle sizecriterion is to be implemented.

(I) Rationale for Increasing theParticle Size of Debris From 9.5 mm to

12 While most f the debris treatment methodsare extraction methods, some methods destroy thehazardous constituents; although these would beapplicable to liquid material, mot of the treatmentmethods sinply remove the contamination from thedebris for subsequnt detoxification treatment.

13 To determine otherwise would result in largequantities of solid materials being subject to theexisting LDRs for the waste contaminating thematerials. Thoe sold materials would be verydifficult to sample rvprssentatively to documentcompliancs with the WOR. Further, the solidmaterials would be eadily amenable to the debristreatment standarde muipated todaynotwith tanding the presence of free liquids, endhence appropriately classified as debris.

60 mn. The Agency is today definingdebris as solid material with a particlesize of 60 mm (2.5 inches) or greater fora number of reasons: (a) Fine grainmaterials (e.g., soil, glass cullet) are notamenable to the surface removaltechnologies specified in today's ruleand are not commonly thought of asdebris; (b) fine grain materials are likelyto be amenable to the treatmenttechnologies that were the basis for theLDRs for the waste contaminating thematerial; (c) fine grain materials, unlikelarge particle size materials, can bereasonably sampled for analysis todocument compliance with theconcentration-based LDRs for the wastecontaminating the material; (d) materialnormally considered to be soil should besubject to the Agency's planned LDRsfor contaminated soil rather thandefined as debris 14; (e) the selection ofa 60 mm particle size criterion is withinthe range of reasonable particle sizesthe Agency could have selected fordefining debris, and (f) manycommenters suggested a larger particlesize, and the only commenters thatsuggested a particular size suggested 60mm.

We note that a number of commenterssuggested that the Agency considerraising the particle size breakpoint asthe Agency is doing here. Twocommenters suggested an alternativesieve size of 00 mm, stating that existingsoil-washing equipment such as rotaryscreens and wet vibratory screens arecapable of handling particles sizes ofseveral inches, and the suggested 60 mmcut-off size would result in more soilbeing subject to the existing LDRs whichrequire sampling and analysis todocument compliance withconcentration-based treatmentstandards.

While the Agency believes that itcould have selected other particle sizes.the Agency selected the 60 mm (2.5 inch)particle size from the range of 9.5 nun(% inch) to 200 mm (8 inches) because:(1) It is a commonly used sieve size thatis commercially available, (2) it woulddefine as soil pebbles and smallerparticles, and define as debris cobbles

14 We note th t numerous commenters wereconcerned that the proposed particle size criterioof 9.5 mm would imappropriately define most seld asdebris. (We note further that the proposed rulecould have been inerpret d to define as debrisgeologic material that was comprised f only oaeparticle (e.g. a rock) with a particle size of jmmor greeter. TUto fine grain sil ountainig one 9.65mm or greater sized rock could have beenconsidered debris. The final rule addresses mixturesby defining as debris mixtures ( prinmtily debiswith other moterials. See disaesio in die Oved inSection V.B.1.d).

and boulders 15 in accord both withcommon understanding and withmaterials most amenable to effectivetreatment by the methods adoptedtoday; and (3) it meets the criteriadiscussed above (e.g., smailer particlesize material can be readily sampled todocument compliance with thenumerical LDR treatment standards forthe waste contaminating the material).l"In addition, this site object is normallyreadily amenable to effective treatmentby the methods specified in today's rule.

(2) Rationale for Applying the ParticleSize Criterion to Al Debris. The Agencyhas broadened the particle size test toapply to all debris, not just to geologicdebris as proposed. We believe that thereasons enwmerated above forincreasing the particle size to 60 mmapply equally to applying the particlesize to all debris (e.g., small particle sizeobjects--e.g., glass, metal fragments-can be readily sampled representativelyto document compliance with the LDRfor the waste contaminating thematerial).

(3) Compacted Clumps of FineGrained Materials are not Defined asDebris. The Agency is basing the sizecriterion on the particle size of the solidmaterial rather than the sieve size toensure that 80 mm (or larger) compactedclumps of materials with a particle sizeless than 00 mm are not defined asdebris. The most common example isclayey soil. Clay particles are extremelycohesive and can form clumps duringnormal excavation and handlingoperations. The contaminated debristreatment methods are not intended toclean clumps of clay. Clumps ofagglomerated clay soil are subject to thetreatment standards for the wastecontaminating the soil.

In addition, the Agency is concernedthat generators may have the incentiveto intentionally agglomerate smallparticle size materials (e.g., soil or evenmanufactured materials) so that theywould meet the definition of debris andso be excluded from regulation undersubtitle C upon treatment by anextraction or destruction technology. Ifsuch contaminated materials were not

1 See the May I, 2.memorandum from KerryRice, Radian to Mark Mercr. EPA, entitled"Particle Size Definitions and Sieve Sizes"; and theMay 18, 19Z, memorandum from Peter Shields,Radien. to Iark Meetr. E. entited "Sieves withOpening Greae than Por Inhes".

1e We note that the Agency is consideringproposing Phase U1 land disposal restrictions thatwould esftol treatme standards forcontaminated *l. In t diel, the Agency isconsidetg reqmsfttg ooment parficualronwhether sels ,,th a patisle size betwee 9. -and m can be effectively treated antler thenproposed standards.




regulated as debris, they would besubject to the LDRs for the wastecontaminating them and would remainsubject to subtitle C regulation aftertreatment. Basing the size criterion onparticle size rather than sieve sizeprecludes the potential for such shamactivities.

(4) Implementation of the Particle SizeCriterion. To make today's ruleworkable, equipment operators need tobe able to determine quickly whethermaterial being remediated is debris ornondebris [e.g., soil, waste). In somecases, the determination will vary fromone front end loader bucketfull ofmaterial to another. Accordingly, theAgency intends for the size criterion tobe implemented by visual observation.Screening is not required. If screening isused, however, the screen may be eithera square grid with openings 60 mm on aside or a circular grid with circles with a60 mm diameter.

(d) Waste for Which a SpecificTreatment Standard Has BeenEstablished is not Debris. There is onefurther exception to this definition ofdebris. EPA is indicating that debris-likematerial for which the Agency haspromulgated a specific treatmentstandard is not considered to be debris.The reason is that the Agency will havedetermined that specific treatmentstandards are appropriate for thematerial, rather than the assortment oftechnologies adopted for debrisgenerally. See 57 FR 983 c.3 (Jan. 9,1992).

The chief examples of a materialsubject to a specific treatment standardrather than the general debris standardsare lead acid batteries and cadmiumbatteries. EPA has promulgated atreatment standard of metal recovery foreach of these materials. See § 268.42.Thus, this more specific treatmentstandard takes precedence over themore general debris standard adoptedtoday.

17

d. Mixtures of Debris with OtherMaterials are Subject to Regulation asDebris if Debris is the Primary MaterialPresent. A further issue needing to beaddressed is the status of mixtures ofdebris and other materials such as soilsor sludge. This situation arises often,particularly in remedial situations wheredebris is rarely present in a pristinestate. Since the treatment standards fordebris and other materials-sludge orcontaminated soil-differ, the issue of

I A number of commenters questioned thejurisdictional basis for regulating battery plates andgroups from lead acid batteries as "solid wastes"subject to subtitle C regulation. EPA adheres to theresponse set out at 57 FR 960-961 in the proposedrule.

classification is an important one. Indeveloping a means of classification, theAgency on the one hand is seeking toprevent the debris classification frominvariably overriding the treatmentstandards for other hazardous wastes.On the other hand, it is important tohave a means of classification that iseasy to apply by equipment operators inthe field.

The Agency has therefore decided toclassify 18 as debris any mixture wherethe debris portion comprises the largestamount of material present by volume,to be determined by visual inspection.' 9

Thus, for example, if upon examination,a mixture of cobbles (i.e., with a particlesize of 60 mm or more), soil, and sludgeis comprised mostly of cobbles, themixture is classified as debris, Afterbeing treated by one of the treatmentmethods for debris promulgated intoday's rule, it could then be landdisposed. (Residues from applying thetreatment method could be landdisposed after being treated to meet thetreatment standards for the prohibitedwaste contaminating the debris.)

The definition of debris encompassesthis classification principle by statingthat "A mixture of debris and othermaterial such as soil or sludge is alsodebris if the mixture is comprisedprimarily of debris by volume, based onvisual inspection." It should be clearfrom this discussion that the rule doesnot require debris and nondebrismaterials to be separated prior totreatment (an unintended implication ofthe proposed rule). Rather, mixtures areeither classified as debris or some othertype of waste treatability groupaccording to the classification testdiscussed above.

We note that the "primary material"test for classifying debris does not applyto intact, nonempty containers. Giventhat such containers are not debris (seediscussion below in section VB.1.f) andcan be readily separated from debris (or

18 We note that although such mixtures areclassified as debris and are subject to the debristreatment standards, if the nondebris materials areseparated from the debris prior to treatment by aspecified technology, the separated material is nolonger classified as debris. If the separated materialis a hazardous waste (or soil contaminated with ahazardous waste), it is subject to the waste-specifictreatment standards. When treatment residue (i.e.,soil, waste, or other nondebris material) isseparated from treated debris as required bytoday's debris standards for extraction ordestruction technologies, the residue is subject tothe waste-specific standards for the wastecontaminating the debris.19 Some materials (e.g.. soil) mixed with debris

may contain free liquids that may still be oozingfrom the material. The volume of such entrappedliquids need not be considered in determiningwhether the mixture is primarily debris because it isimpracticable to determine the volume of suchliquids by visual inspection.

mixtures of debris and other materials),they are not considered in applying the"primary material" test. Consequently,intact, nonempty containers must not beincluded in making the volumedeterminations to classify mixtures ofdebris.

There is one further point to be made.Although EPA is classifying mixturesthat are predominantly debris as debris,this does not mean that debris can bedeliberately mixed with other wastes inorder to change their treatmentclassification. Such mixing isimpermissible dilution under § 268.3since it is a substitute for adequatetreatment. See also 53 FR 31145 (Aug. 17,1988); dilution to change treatabilitygroups is ordinarily impermissible. Inaddition, such situations where debris isused merely to dilute another prohibitedwaste, the mixture would remain subjectto the most stringent treatment standardof any waste that is part of the mixture.See § 268.41(b).

e. Process Residuals Are Not Debris.Today's definition of debris explicitlyexcludes process residuals by stating:"Process residuals such as smelter slagand residues from the treatment ofwaste (e.g., incinerator ash),wastewater, sludges; or air emissionsresidues (e.g., collected particulatematter) are not debris." The Agencybelieves that debris should be limited tomanufactured objects (e.g., metal, glass)and naturally occurring objects (e.g.,boulders, tree stumps). The Agencydeveloped the treatment standardsgenerally to ensure effective treatmentof hazardous waste contaminating anobject, rather than effective treatment ofa large particle size hazardous wastesuch as slag.20

Several commenters requestedclarification as to what the Agencymeant in the proposed rule by excludingfrom the definition of debris "solids thatare listed wastes or can be identified asbeing residues from treatment of wastesand/or wastewaters." The commentersfelt that it was unclear whether thisphrase exempts from the definition ofdebris only pollution control residues, ormaterial such as metal filters, ceramiccolumn packing, or discarded pollutioncontrol equipment. Commenterssuggested that EPA clarify, throughexamples, that discarded industrialequipment (such as filters, pumps, etc.)would be included in the definition of

20 We note that previous debris definitions (see§ 268.2(g} considered "slag" as debris. The Agencyhas reconsidered this issue and has determined theslag is not debris because it is not the type ofmaterial for which today's debris treatmentstandards were developed-objects contaminated(generally surficially) with hazardous waste.



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debris even if the equipment was usedto treat wastes or weastewaters. Thecommenters are correct. A discardedpump or filter used to treat a waste isdebris, but the waste pumped or filteredis not debris. Although some filtered orpumped waste will contaminate thepump or filter (indeed, that is the basisfor subjecting the filter or pump to thetreatment standards), the contaminatedpump or filter will virtually always becomprised primarily of debris ratherthan waste and so would be classifiedas debris.

f. Intact Containers Are Not Debris. Anumber of omimenters requestedcomment on the relationship betweenthe proposed treatment standards fordebris and the so-called emptycontainer rule in I 26L7. That rule statesin essence that with respect tocontainers holding hazardous waste,what is regulated is the hazardouswaste in the container and not thecontainer itself. Thus, empty containersare not regulated, and the hazardouswastes in nonempty containers are. Anempty container is one from which allhazardous wastes have been removedusing practices commory utilized forwaste removal, and in which not morethan 2.5 centimeters of waste remains.(Slightly different tests apply tocontainers holding acutely hazardouswastes.)

Since containers are potentially aform of debris. ther is a questionwhether either empty or nonemptycontainers are subject to the treatmentstandards for debris notwithstanding§ 261.7. EPA is indicating in this rulethat the debris treatment standards donot override the empty container rule, sothat rule remains in effect. EPA is takingthis step largely because it did notpropose the issue for comment, and anyfundamental changes to the emptycontainer rule merit fuller publicparticipation than afforded here. Inaddition; EPA has "ot fully studied theimplications of rmking changes in theempty container rule to accommodateregulations under the land disposalprohibitions program.

Today's final rule thus indicates thatintact containers are never consideredto be debris, and thus would nrer besubject to treatment standards fordebris. Intact containers are eitherempty or nonempty. If empty they arenot subject to regulation, as provided by§ 261.7(a)(1). If nomempty, the hazardouswaste within the container is subject tothe land disposal prohibitions (as wellas the rest of subtitle C regulations).EPA also does not consider intact tanksto be debris, so that any hazardouswastes in tanks would be subject to the

standards for those wastes, not(potentially) to treatment standards fordebris.

It should be noted, however, that EPAis reading the empty container rule in§ 261.7 to apply to intact containers. TheAgency is doing so because the rule wasclearly intended for devices thatfunction as containers, not for crumpleddrums that are not easily emptied bynormal means. See § 261.7(bXl)(i).Nonfunctional containers are morenaturally classifiable as debris and thetreatment standards adopted today areappropriate for such damagedcontainers being disposed.

By "intact container", the Agencymeans a container that can still functionas a container. The Agency believes thata container that is unbroken and stillretains at least 75% of its originalholding capacity (ie., has not beencrushed more than 25%) is still intact.The Agency selected the 75% criterionbecause: (1) It is within a reasonablerange of 50% to 90%; (2) selecting anoriginal volume criterion on the high endof the range (e.g., 90%) would result incontainers containing large quantities ofwaste being considered debris eventhough the conkainers could be readilyseparated from debris, and (3) selectingan original volume criterion on the lowend of the range (e.g.. 50%) wouldsubject the waste in containers thathave been severely crushed to thetreatment standards for the waste. Thiswould require removal of the waste fromthe container for treatment which maybe impracticable for severely crushedcontainers.

Finally, it should be noted that byobserving the empty container rule. EPAis creating a limited exception to thenonsegregation principle discussedabove. In situations where intactcontainers are mixed with true debris(i.e., materials classified as debris udertoday's rule), the intact containers thuswould have to be removed and managedseparately.

The following example indicates howthese principles would apply. At aremediation site., ruptured drums arediscovered still containing someprohibited hazardou waste. Mixed inwith these drmas are other drums someof which are not significantly damagedor crumpled and all still containprohibited hazardous wastes. All ofthese drums are going to be disposed of-off site.

Under today's rae. the ruptureddrums are debris (broke or rupturedcontainers are always debris ifcontaminated with prohibited waste)and cannot be lend disposed until theyare treated by one of the debris

treatmeat medhod.. U hazardous wasteis removed hwom the drum duringtreatment, the waste. like all treatmentresidues, is subject ks the treatmentstandards for the prubibined waste. Withrespect to the urmptred drums, thosethat are intact (ie., thode that retain atleast 75% of thir oinal volume) arenonempty containers under 201.7. Thewaste in these drmse is subject to thetreatment standards for the prohibitedwaste. Those that are not intact (Le.,those that retain less than 75% of theiroriginal volume) are debris.

2. Definition of Hazardous Debris

a. Which Debri is Hazardous, and ofthis Debris, Which i4 Probibited? Thirule applies only to debris that is subjectto subtitle C regulation when it isgenerated. As EPA proposed, thismeans: (1) Debris that contains listedhazardous wastes (either on the debrissurface, or in its interstices, such as porestructure); or (2) debris that exhibits acharacteristic of hazardous. See 57 FR983. To be prohibited, and hence subjectto the treatment standards adoptedtoday, the debris would have to becontaminated with listed wastes thatare also prohibited, or exhibit aprohibited characteristic. Thus, onlydebris that is contaminated with a listedwaste for which EPA has established atreatment standard, and debrisexhibiting the characteristics ofignitability, corrosivity, reactivity, or EPtoxicity (plus exhibiting the TCcharacteristic, since the debris must stillbe a hazardous waste) are subject to thetreatment standards adopted today.(Most of these debris wastes, of course,are already prohibited by virtue ofprevious rulemakings; only debriscontaminated exclusively with thenewly listed wastes for which EPA isadopting treatment standards todaywould be newly prohibited undertoday's rule.)

b. Codification of Contained inPrinciple for Debris. In adopting thedefinition that debris containing listedhazardous waste is regulated undersubtitle C. EPA is codifying the".contained in" principle, which hasheretofore served as an interpretivegloss on the existing mixture andderived from rules. See 57 FR 983. CMAv. EPA, 809 F. 2d 1526 (D.C. Or. 1989).As explained at proposal. id. at 988, thecontained in concept will apply to bothmedia and nonmedia debris (anapproach with unanimous support in thepublic comments).

Furthermore, EPA is also codifying thecoronary part of The contained inprinciple That debris whiJ no lonaer"contains" listed hazardous waste




would no longer be subject to subtitle Cregulation, provided that it does notexhibit any hazardous wastecharacteristic. This involves a case-by-case determination by EPA, made uponrequest, that debris does not containhazardous waste at significant levels,taking into consideration such factors assite hydrogeology and potentialexposure pathways, but excludingmanagement practices. 21 Debris foundnot to contain hazardous waste (and notexhibiting a hazardous wastecharacteristic) would not be subject tofurther subtitle C regulation, and socould be land disposed without furthertreatment. In addition, these levels couldbe achieved by any form of treatmentother than impermissible dilution, andthus need not result from application ofthe debris treatment methods adoptedtoday. Id. at 983-84.

3. Relation of Today's Rule to theHazardous Waste Identification Rule

On May 20, 1992, EPA proposedcomprehensive revisions to theregulatory definition of hazardouswaste, asking for comment on a series ofoptions for redefining what a hazardouswaste is. See 57 FR 21450. These rulescould affect which debris is consideredto be hazardous when it is generated(both through modifications to thehazardous waste definitions and thecontained in principle), and so couldaffect both the definition of hazardousdebris used in this rule, and possibly theextent such debris must be treated byprescribed methods of treatment. EPAhas attempted to note in each of thesections below the potential overlap ofthis proposed rule on the rules adoptedtoday.

Although the Hazardous WasteIdentification Rule (HWIR) whenpromulgated will affect the definition ofhazardous debris subject to today'streatment standards, the Agencybelieves that it is nonethelessappropriate to make the treatmentstandards effective immediately uponpromulgation. The Agency does notbelieve that today's rule will place anunreasonable burden on generators ofhazardous debris that may subsequentlybe determined by HWIR not to behazardous because the Agency hasprovided a national, case-by-casecapacity variance for hazardous debristhat defers the effective date of today'streatment standards until May 8, 1993.By that time, the Agency believes thatthe final HWIR will be promulgated and

21 We note that consideration of managementpractices for exclusion from subtitle C is beingevaluated through the proposed Hazardous WasteIdentification Rule discussed below in the text.

the treatment of debris that HWIRdetermines is no longer hazardous willbe precluded.C. Treatment Standards for HazardousDebris

1. Overview

In this section, we discuss: (1) Thetreatment technologies proposed asBDAT; (2) the contaminants subject totreatment; (3) the debris treatmentstandards; (4) alternative LDR standard;(5) performance standards that must bemet to ensure effective treatment and tocomply with the BDAT standards; (6)contaminant restrictions for certaintreatment methods; (7) use of treatmenttrains for multiple contaminants anddebris types; (8) treatment ofcharacteristic debris; (9) standards fordebris that is inherently toxic (i.e., itfails the TC and EP for metalcontamination because it is fabricatedfrom a toxic metal); (10) relationship ofTSCA PCB rules to today's rule;- (11)relationship of existing agencystandards for asbestos to today's rule;(12) special requirements for radioactivedebris; and (13) implementation oftreatment standards.

2. BDAT Debris Treatment Technologiesa. Identification of BDA T Treatment

Technologies. The Agency considered atreatment technology to be "available"if the technology itself or the services ofthe technology are able to be purchased,and the technology substantiallydiminishes the toxicity of the waste orreduces the likelihood of migration ofthe waste's hazardous constituents. Thetechnologies that the Agency hasidentified as best demonstratedavailable technologies (BDAT) havebeen used to treat hazardous debris atSuperfund sites, to remove radioactivemetals from debris, to treat debris-likematerial contaminated with compoundssimilar to one or more of the compoundsin the debris contaminant categories or,based on engineering judgment, areapplicable to debris.

The Agency considered a technologyto be demonstrated for a particularwaste if the technology currently is incommercial operation for treatment ofthe waste or constituent of interest orsimilar wastes or constituents ofinterest, including wastes not regulatedunder RCRA, such as PCBs andradioactive waste. The Agencyidentified demonstrated technologieseither through a review of the literaturein which current waste treatmentpractices were discussed, or throughinformation provided by specific.facilities currently treating the waste orsimilar wastes. EPA also considered as

demonstrated technologies those used toseparate or otherwise process chemicalsand other materials which are similar tothe waste or constituent of interest.

The Agency also reviewed theproperties of debris which may directlyaffect the efficiency of treatmenttechnologies. Debris characteristicswhich may affect the performance oreffectiveness of treatment technologiesto clean various types of debris include:

* Destructibility;" Hardness and brittleness;" Moisture content;" Permeability;• Size, homogeneity, and location (in

situ versus ex situ);" Surface texture; and" Total organic carbon (TOC).Under today's rule, the Agency has

identified the following 17 treatmenttechnologies as BDAT for hazardousdebris:

o Extraction Technologies:-Physical Extraction

-Abrasive blasting-Scarification, grinding, and planing-Spalling-Vibratory finishing-High pressure steam and water

sprays-Chemical Extraction

-Water washing and spraying-Liquid phase solvent extraction-Vapor phase solvent extraction

-Thermal Extraction-High temperature metals recovery-Thermal desorption* Destruction Technologies

-Biodegradation-- Chemical oxidation-Chemical reduction-Thermal destruction

o Immobilization Technologies-Macroencapsulation-Microencapsulation-Sealing

Summary descriptions of thesetechnologies are presented in AppendixI of today's preamble and treatmentperformance standards for eachtechnology are prescribed in Table I,§ 268.45. Further, detailed informationon the various treatment technologies ispresented in the Hazardous Debris FinalRule Technical Support Document.

b. Changes in Identification of BDATTechnologies From Proposal. Based onpublic comment and the Agency'sfurther evaluation, the Agency hasdetermined that two debris treatmenttechnologies proposed as BDAT-electropolishing and ultravioletradiation-are not BDAT, and anadditional technology not proposed asBDAT-high temperature metalrecovery-is, in fact, BDAT for



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hazardous debris. The basis for thesedeterminations is discussed below.

(1) Electropolishing Is Not BDAT. TheAgency has determined thatelectropolishing is not BDAT forhazardous debris because of concernsthat the technology is intended primarilyfor smoothing clean metal parts. Paintedor contaminated metal parts might notbe effectively treated by this method. Acontaminating organic waste or paintcould electrically insulate the surfacefrom the solution and prevent surfaceremoval of contaminants.

(2) Ultraviolet Radiation Is Not BDAT.The Agency deleted ultraviolet radiationtreatment from the list of BDATtechnologies for hazardous debrisbecause of difficulties of specifyingperformance standards that wouldensure effective treatment in all cases.This technology is primarily intended forliquid waste treatment where the fluid ispassed by a ultraviolet radiation sourcein a thin stream. This approach isdesigned to ensure that the ultravioletlight reaches all of the toxic moleculesand detoxifies them. If the technologywere to be applied to hazardous debris,it would be virtually impossible toensure that all toxic moleculescontaminating the debris wereadequately radiated. Sludge and soilcaked onto debris would precluderadiation of both inner layers of cakedmaterial and the debris surface. Further,even for debris that is relatively free ofcaked-on materials, the debris wouldhave to be systematically turned toexpose all contaminated surfaces to theradiation. The use of sunlight to providethe ultraviolet radiation as proposed asan alternative to an artificial sourceposes even greater problems of ensuringexposure to ultraviolet radiation atlevels that would ensure effectivetreatment. The Agency's effort toprovide for innovative debris treatmentat proposal simply went too far.

(3) High Temperature Metal RecoveryIs BDAT. The Agency has added hightemperature metal recovery (HTMR) tothe list of acceptable debris treatmenttechnologies. It is a very effectivemethod for treatment of recoverablemetal values in both metal debris anddebris that is contaminated with metal-bearing hazardous waste. The Agencydid not include HTMR as BDAT atproposal simply because of oversight.Several commenters suggested that weinclude this method, and the Agencyagrees.

We note that HTMR can alsoeffectively treat toxic organiccontaminants. If the debris containsmore than a total of 500 ppm of toxicorganic compounds listed in appendixVIII, part 261, the HTMR facility is

subject to the Boiler and IndustrialFurnace (BIF) Rule. See § 266.100. TheHTMR would be subject to the samecontrols on organic emissions 22 asother BIFs burning hazardous waste.When the total concentration of toxicorganic compounds in the waste is lessthan 500 ppm, the Agency believes thatany emissions of organic compoundsattributable to those organic compoundswill not pose a hazard to human healthand the environment.

3. Contaminants Subject to TreatmentToday's rule requires hazardous

debris to be treated by one of thespecified technologies 23 for each"contaminant subject to treatment"defined as; (1) the BDAT constituentsidentified in § § 268.41 and 268.43 for thelisted waste contaminating the debristhat are present at detectable levels; 24

(2) the constituents for which the debrisexhibits Extraction Procedure toxicity:and (3) cyanide or sulfide if debrisexhibits reactivity due to the presence ofthose constituents. As discussed insection V.C.5 below, although debrismay contain several contaminantssubject to treatment, the treatmentstandards generally do not requiretreatment by multiple technologies (i.e.,a treatment train). This is because manyof the specified technologies effectivelytreat various types of contaminants (e.g.,metals, aromatic and aliphatic organiccompounds, halogenated andnonhalogenated organic compounds).

In the proposed rule, the Agencyproposed a broader definition of"contaminants subject to treatment"that would have included constituentson appendix VIII, part 261, that thegenerator could reasonably know maycontaminate the debris at detectablelevels. Further, the Agency requestedcomment on whether the rule shouldrequire that debris that is hazardoussolely because it exhibits acharacteristic (i.e., toxicity, ignitability,or reactivity) be treated for allconstituents on appendix VIII, part 261,

22 Emissions of metals, HCI. Cl4, and particulatematter are also controlled by the BIF rule.

22 Unless EPA determines the hazardous debrisno longer contains hazardous waste (see discussionin section V.B.2 of the text) or unless the generatorelects to comply with the waste-specific treatmentstandards for the waste contaminating the debris(see discussion in section V.C.4 of the text).

24 We note that the generator may presume thatthe BDAT constituents for the listed waste arepresent at detectable levels and is not required tosample and analyze the debris to make thatdetermination. If. however, the generator elects tosample and analyze the debris, the Agencyacknowledges that this may be a difficult task formany types of debris and debris mixtures. In thissituation, the generator must use best engineeringjudgement to obtain samples that are asrepresentative as practicable.

that the generator could reasonablyknow may contaminate the debris atdetectable levels. The Agencyaddressed these provisions at proposalbecause of concern that all toxicconstituents present be effectivelytreated given that debris treated by anextraction or destruction technology andthat does not exhibit a characteristic isexcluded from subtitle C regulation.

We have determined, however, thatneither of these provisions is likely to benecessary to ensure effective treatmentof hazardous debris for a number ofreasons. Thus, these provisions are notincluded in today's rule. First, webelieve that enough contaminantssubject to treatment will be identifiedfor most debris to ensure effectivetreatment of other toxic contaminantsthat may be present. Given that mostdebris is generated by remediation, thedebris is often associated with a varietyof wastes that will result in a number ofcontaminants being designatedcontaminants subject to treatment-either because listed wastes or knownto be present, or more likely, becausethe debris fails the EP 25 for one or moreconstituents. For example, it is highlyunlikely that debris will exhibit onlyignitability or reactivity and not fail theTC or be contaminated with a listedwaste (and thus, require onlydeactivation of the ignitability orreactivity characteristic under today'srule) if, in fact, toxic constituents arepresent at significant levels. Given thatmost of the debris treatmenttechnologies specified in today's rule arenot restricted to specific contaminantsother than metal vs. nonmetalcontaminants and that manytechnologies (e.g., surface removal,incineration) have no contaminantrestrictions (see section V.C.5 below),the designation of a few contaminantssubject to treatment should be sufficientto ensure effective treatment of othertoxic contaminants that may be present.

Further, commenters argued, and theAgency agrees, that it would be difficultto implement and enforce a rule thatrequired generators to treat toxicconstituents that they have reason toknow are present at detectable levels.First, whether the generator, in fact,could have reason to know that a toxicconstituent is present is highly

25 We note that the Agency is considering

proposing treatment standards for TC wastes anddebris contaminated with TC wastes. If that rule ispromulgated, debris will be identified as hazardousdebris if it exhibits the TC for an additional 96organic compounds many of which are commonlyfound at remediation sites. Thus, over time.additional debris contaminants will becomedesignated contaminants subject to treatment.

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subjective and diffcult to, enforce.Second, the Agency upon additionalconsiderationb ieeves that if treatmentof suth additional toxic constituentswere to be required, treatment shouldonly be required if the constituent ispresent at significant levels, not merelyat detection. llvels, This raises the issueof what is a sigpificant level. Possiblecriteria, include a level of potentialhealth significance or the F039 treatmentlevels. (We note that the Agency, in fact,requested comment on using thesecriteria to determine when these other(i.e., other than BDAT constituents forlisted waste contaminating the debrisand the constituents for which thedebris fails the . toxic constituentsknown to be present would becontaminants subject to treatment. See57 FR 984, n. 11.) Not only is the Agencyunsure which approach would be moreappropriate, but under eitherapproach-Le, health-based levels orF039 levels-sarping and analysiswould be required if the generator didnot want to presume that a toxicconstituent known to be present waspresent at the trigger level. Since it isparticularly difficult to takerepresentative samples of untreateddebris, EPA considers this approach tobe inadvisable.

4. Debris May Be Treated to the ExistingWaste-Specific LDRs in Lieu of Today'sDebris Treabwnt Standards

Today's rule gimes generators theoption of treating hazardous debris tothe existing wast-pe'*fic treatmentstandards for the waste contaminatingthe deltris. The treated debris, however,must continue: tobe managed undersubtitle C. If land disposed4 the debrismust be disposed in, a subtitle C landfill.However,. such debris would beexcluded from subtitle C regulation ifthe Agency dtearmined that it no longercontained haardous waste (see,discussion aove in section V.&2) or ifthe treater determined that the debris nolonger contained hazardous constituentsat levels that may be established undera final Hazardous Waste IdentificationRule (see discussion above in sectionV.B.33.

The Agency is providing this. option intoday's rule based on the request ofnumerous commenters. For example,one commenter routinely adds the tyveksuits and rubber gloves worn by facilityoperators to the waste stream leavinghis factory, and wishes to continuedoing so. The proposed rule would haverequired the tyvek suits and rubbergloves (as debris)} to be separated fromthe waste fbr treatment by the specifiedtechnology.,The commenter preferred totreat the wastdebris mixture to the

waste-specific standards and theAgency believes that this. practice isappropriate to provide an additionalmeans of treating debris. thatsubstantially reduces toxicant mobilityor concentration.

The Agency developed specialtreatment standards, fr hazardousdebris because of concern that, in mostcases, the waste-specific standardswould not be practicable for d&brisgiven the difficulty im obtaininagrepresentative samples of treated debristo document compliance with theconcentration-based waste-specificstandards. The Agency acinowledges,however, that some types of debris maybe amenable to representative samplingand therefore compliance with thewaste-specific standarde may beworkable.

2

Debris that is treated to the wastespecific treatment standards rather thantoday's debris treatment standardsremains subject to. subtitle C regulationbecause toxic, constituents may continueto be present at levels that could pose ahazard to human health and theenvironment. EPA believes that thisposition is appropriate for two reasons.First, there is no reason to, excitde fromsubtitle C regulation hazardous debristreated to the waste-specific standardswhen the waste itself is not excldedwhen treated to, those standards.Second, and moreover, the Agencybelieves that today's treatmentstandards will treat debris to levelsresulting in minimum threat to humanhealth and the environment Seediscussion below. Although meeting thewaste-specific standards may result insome cases in levels of toxicconstituents in the treated debris that donot pose a hazard to human health andthe environment, the Agency is notcertain that this will be the case in allsituations (and in any case, the issue ismore appropriate for resolution in thecontext of the May 20, 19O2, proposedrule, 57 FR 21450).

5. Treatment Standards

In this section, we provide therationale for the treatment standards foreach technology and explain how thestandards work, and we explain howthe fina treatment standards differ fromthose proposed

25 We note that commenters may have requestedthis option out of frustration that the proposed ruledid not effectively address the issue of debrismixtures. The proposed, rule appeared to requireeither separation of debris types prior to treatmentor the extensive use of treatment trains to treatdifferent debris types This problem has beenremedied in today's-finai rule by acknowledging theability of the treatment technologies to treat agreater variety of debris types than proposed. Seediscussion in section V.C.5 of the text.

a. Overview. Today'b rule establishesperformance and/or designi andoperating requirements for 17 treatmenttechnologies that the Agency hasdesignated as BDAT fbr hazardousdebris. See Table F of § 268.45, Althoughany technology may be used to treat anydebris, the treatment standnrde vary formany technologies according' to the typeof debris treated.2 ln addition, the ruleprohibits the use of some, technologies totreat specific types of contaminants. Forexample, the physical' extractiontechnologies (e.g., abrasive blasting)have no contaminant type restrictions,while thermal desorption may not beused to treat metals other than mercury.Generators (and owners and operatorsof treatinent facilities) may select anytreatment technology that is notrestricted for the contaminant subject totreatment.

The Agency has attempted toestablish performance or design andoperating requirements for each of theextraction and destruction technologiesthat will optimize treatmenteffectiveness such that hazardouscontaminants would not be present atresidual levels in the debris that couldpose. a hazard to human health and theenvironment. Thus, the treated debriscould be excluded from subtitle Cregulation Unfortunately, the Agencywas not able to develop objectiveperformance or design and operatingstandards for all extraction anddestruction technologies that wouldensure treatment to minimum threatlevels (e.g,, thermal desorption,biodegradation, and chemicatdestruction: see discussion below). Forthese technologies, the Agency isconcerned that residuaL levels ofhazardous contaminants may remain. inthe debris, at levels. that could pose ahazard to human. health, and theenvironment Conseqpeatldy, today's rulerequires for these technologiesthat theowner or operator of the treatment unitmust make an "EquivalencyDemonstration" to the, Agency underexisting § 268,42(b, that documents thatthe technology treats contaminantssubject to. treatment to a levelequivalent to, that requiaed by theperformance and design and epeatiu8standards for the other technologies in

27 In addition, although the role does not prohibit.treatment of specific debris types by s technology.the treatment standards cannot be met as apractical matter for certain, debris/technologycombinations (e.g., high pressure steam and watersprays cannot remove 0. am of the surface-layer ofbrick, concrete. etc); In other-situations, thedefinition of the technolwl as a practical, oatterprecludes the use of some technologies, for somedebris types (e.g.. the definition ofspalling cannotbe met when applied to treat cloth).




Table 1, § 268.45, such that residuallevels of hazardous contaminants willnot pose a hazard to human health andthe environment absent subtitle Ccontrol.

Today's treatment standards establishperformance standards rather thandesign and operating standards wheresupporting data were available. TheAgency believes that performancestandards will better ensure effectivetreatment given the variability incontaminant and debris types andproperties that affect treatability.Further, performance standards give theowner and operator of the treatmentunit the flexibility to tailor the designand operation of the unit to the specificdebris/contaminant(s) being treated. Anexample of a performance standard isthe standard for physical extractiontechnologies (e.g., abrasive blasting)used to treat a metal object where thestandard requires decontamination to a"clean metal finish" as defined in theregulation. An example of a design andoperating standard is the standard forthermal desorption that limits thethickness of porous debris to 10 cm (4inches).

EPA recommends that the generatoror owner or operator of the treatmentfacility consider the thermal, chemical.and physical properties of the debrisand the contaminants on the debrisbefore selecting a treatment technologyto ensure that the performance or designand operating requirements can byachieved. The Agency plans to developa nonregulatory implementationassistance document to provideassistance on how to select the mostappropriate technologies for a givendebris/contaminant combination.

Although hazardous debris treatmentoperations are generally subject toregulation under the interim status orpermit standards of parts 270 and 264,265, or 266,28 today's hazardous debrisperformance or design and operatingstandards are neither interim status norpermit standards. The hazardous debristreatment standards are adoptedpursuant to section 3004(m) of RCRA toensure that debris is treated to minimizethe hazardous constituents' toxicity ormobility during future management,while the interim status and permit

28 Unless treatment occurs in an on-site

container, tank, or containment building, thehazardous debris is treated within 90 days ofgeneration, and the unit complies with theappropriate standards of part 265, or unless thetreatment occurs within the Area of Containment(AOC] at a Superfund remediation site and thegenerator complying with today's treatmentstandards in order to remove the treated debrisfrom the AOC and manage it as debris excludedfrom subtitle C. See discussion in section V.F. of thetext,

standards are designed to protecthuman health and the environment fromthe operation of the storage, treatment,or disposal facility itself. It is for thisreason that today's treatment standardsdo not address control of emissions thatcan occur from debris treatment; theAgency is relying on the applicableinterim status and permit standards tocontrol treatment emissions. Seediscussion below in section V.F.

The Agency has grouped the varioustreatment technologies into categories oflike treatment type. Each category isbased on the same (or similar)performance or design and operatingstandards. See Table I of § 268.45. Wediscuss below for each group oftreatment technologies the basis for thestandards and how the standards willwork. Note that the performance ordesign and operating standards must bemet for all debris surfaces that arecontaminated with hazardous waste.Thus, if a pipe or pump was used tomanage hazardous waste, theperformance standards must be met forthe inside surfaces of the pipe or pump.Decontamination of the outer surfacesonly does not constitute compliancewith the debris treatment standards.

b. Extraction Technologies. TheAgency has classified the extractiontechnologies as physical extraction,chemical extraction, and thermalextraction.

(1) Physical Extraction Technologies.The physical extraction technologiesare: abrasive blasting; scarification,grinding, and planing; spelling; vibratoryfinishing; and high pressure steam andwater sprays. For these technologies, therule establishes performance standardsbased on removal of the contaminatedlayer of the debris. Any contaminantsubject to treatment may be treated bythese technologies,2 9 because thecontaminants are removed as residue 30

29 As discussed below in the text, today's ruleestablishes additional requirements for certaintechnologies in order to exclude the treated debrisfrom subtitle C when the debris is contaminatedwith waste that is listed for dioxins (EPAHazardous Waste Numbers F020, F021. F022. F023.F026, or F027). The Agency did establish suchadditional requirements for treatment of debriscontaminated with dioxin-listed waste when treatedby the physical extraction technologies, however.because the Agency believes that It is highlyunlikely that compliance with the rigorousperformance standards for these physical extractiontechnologies will allow significant residual levels ofcontaminants such that even highly toxiccontaminants could pose a hazard to human healthand the environment absent subtitle C control.

30 Except that for spalling, the spalled material isconsidered untreated debris, not residue, and mustbe treated before land disposal. See additionaldiscussion in the text.

subject to the treatment standards forthe waste contaminating the debris.

In addition, any debris type (e.g.,metal, concrete, wood, paper, cloth) maybe treated by these technologies. TheAgency reasoned that any debris typewould be effectively treated providedthat the contaminated layer of thedebris is removed. We note that,although the rule allows the use ofphysical extraction technologies on anydebris type, it will be impracticable touse these technologies on some debristypes and the performance standardscannot be met for some technology/debris combinations. For example, it isimpracticable to spall paper or cloth.However, we realize that debris often iscomprised of a mixture of debris types,and physical extraction may be the mostreasonable technology for thepredominate debris type while othertypes of debris present would beremoved as residue. An example is largechunks of concrete that have paperlabels adhered to them. Spalling oranother physical extraction technologymay be practicable for the concrete andthe paper labels will be removed asresidue. An example of where theperformance standard cannot be met fora technology/debris combination is highpressure steam and water spray used totreat brick or concrete. As discussedbelow, because these debris types areporous and toxic contaminants may beadsorbed below the surface of thedebris, the performance standardrequires removal of at least the outer 0.6centimeter surface layer. Thistechnology cannot meet thatperformance standard for those types ofdebris. Rather than explicitly prohibitingsuch practices, however, such practiceswill be precluded because of theinability to comply with the standards.

To ensure that the contaminated layerof debris is removed and to account forthe physical properties of different typesof debris, the rule establishes differentperformance standards for differenttypes of debris.

(a) Metal Objects. Metal objects mustbe treated to remove foreign matteradhering to the metal to produce a"clean debris surface". The rule definesa "clean debris surface" as a surfacethat, when viewed withoutmagnification, shall be free of all visiblecontaminated soil and hazardous waste,except that residual staining caused bysoil and waste consisting of lightshadows, slight streaks, or minordiscolorations, and soil and waste incracks, crevices, and pits may bepresent provided that such staining andsoil and waste in cracks, crevices, and

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pits shall- be limited to no more than 5%of each square inch of surface area.

The rule allows minor residualstaining caused by soil and waste andsoil and waste to remain in cracks,crevices, and pits of up to 5% of eachsquare inch of surface area 31 becauseof the impracticability of cleaning metaldebris to a "white metal finish" asproposed. The Agency selected the 5%surface area criterion because: (1) it iswithin the range of reasonable levels-1% to i0%-that could have beenselected, (2) it is generally equivalent tothe Steel Structures Painting Council'sspecification for "Near-White BlastCleaning" for cleaning steel surfaces bythe use of abrasives; 32 and (3) it shouldnot allow toxic contaminants to remainat levels that could pose a hazard tohuman health and the environmentabsent subtitle C regulation, and shouldremove contaminants so that threatsposed by disposal, of the debris areminimized.

(b) Brick, Cloth, Concrete, Paper,Rock, Pavement, and Wood. Theperformance standard for these types ofdebris requires: (1) Removal of at least0.6 centimeters of the surface layer, and(2) treatment to a "clean debris surface."Removal of 0.6 centimeters of thesurface layer is required for these typesof debris because they may be porousand toxic contaminants may byabsorbed within the debris. (The Agencyrecognizes that, as a practical matter,the 0.6 cm surface removal requirementprecludes the use of this technology formost porous debris.) To ensure removalof contaminant, that may be absorbedto depths beyond 0.6 centimeters, therule requires removal of virtually allstaining that could be indicative of thepresence of toxic contaminants. The ruleallows minor residual staining andforeign matter in: cracks and crevices onup to 5% of the surface area (on a squareinch basis] as a reasonable andpracticable method to help ensure thatthe standards do not require treatmentto a level beyond that necessary toensure that the treated debris does notpose a hazard to human health and theenvironment absent subtitle Cregulation. We note that staining that isnot indicative of the potential presenceof hazardous waste or contaminated soil

s1 Note that the 5% surface area criterion isapplied to each square inch of the debris surfacethat has been contaminated with hazardous waste.The area. covered by large stains cannot, beaveraged against large unstained, areas. Only 5% ofthe area within any square inch can contain aresidual stain.

32 See the May 18,1992. memorandum from PeterShields, Radian, to Mark Mercer. EPA. entitled"Industry Standards for Cleanliness of MetalSurfaces".

(e.g., rust stains on concrete adjacent tosteel reinforcing bars) need not beremoved and is not considered indetermining compliance with themaximum 5% surface area limit onresidual staining. The basis for the 5%surface area limit (on a square inchbasis) on residual staining and foreignmatter in cracks and crevices is thesame as the basis discussed above forthe definition of clean metal finish.

(c) Class, Rubber, Plastic. Thephysical extraction performancestandards for these types of debris arethe same as for brick, concrete, etc.,except that removal of at least 0.6centimeters of the surface layer is notrequired. Removal of the surface layerfor glass, rubber, or plastic is notrequired because glass is nonporous andwill not absorb contaminants, below thesurface, and rubber and plastic,although permeable, are not likely toleach absorbed contaminants atsubstantial rates.

(2) Chemical Extraction. Thetechnologies classified as chemical.extraction are water washing andspraying; liquid phase solventextraction; and vapor phase solventextraction. The performance standardsfor these technologies are based, ondissolution of the contaminants into thecleaning solution. Removal of the outerdebris layer is not intended.

(a) Water Washing and Spraying.Water sprays or water baths willeffectively treat debris when sufficienttemperature, pressure, residence time,agitation, surfactants, acids, bases, and/or detergents are used to meet theperformance standards in accord withthe contaminant restrictions. The rulerequires that the debris must be treatedto a "clean debris surface" (seediscussion above) to ensure effectivetreatment to levels of hazardonscontaminants that are not likely to posea hazard to human health and theenvironment absent subtitle C control.

For porous debris-brick, cloth,concrete, paper, pavement, rock, andwood-the rule provides two otherrequirements. The thickness (i.e., onedimension) of each piece of porousdebris may not be more than 1.2 cm (i.e.,1/2 inch), and the contaminants must besoluble to at least 5% by weight in thewater solution or 5% by weight in theemulsion, as applicable. The Agency isapplying these standards for porousdebris to ensure effective extraction oftoxic contaminants that may beabsorbed below the surface layer of thedebris.

If reducing the thickness of debris to1.2 cm to meet the treatment standardsresults in debris that no longer meets the

60 mm minimum particle size limit fordebris, such material is subject to thewaste-specific treatment standards forthe waste contaminating the material,unless the debris has been cleaned andseparated from contaminated soil andhazardous waste before size reduction.This is consistent with the Agency'sposition that material with a particlesize less than 60 mm is amenable toconventional treatment for processwaste and small particle-sized material(i.e., as opposed to large debris objects)and that such material can bereasonably sampled foranalysis todocument compliance with theconcentration-based treatmentstandards for the waste contaminatingthe material.

If the debris has been cleaned andseparated from contamineted! soil andhazardous waste before sizereduction,the material remains classified: as debrissubject to today's treatment standardseven if it no longer has a 60 mm particlesize. The Agency believes that cleaningand separation of contaminated soil andhazardous waste will substantiallyreduce the concentration of toxicconstituents such that the debris shouldcontain minimum threat levelssubsequent to treatment by anextraction or destruction technology.The level of cleaning and separationthat is required is the same as requiredfor separation of treatment residue fromtreated debris. See Note 9 to Table 1,§ 268.45. At a minimum, simple physicalor mechanical' methods must be usedsuch as vibratory or trommel screeningor water washing. The debris surfaceneed not be cleaned to a "clean debrissurface" as defined in Table I; rather,the surface must be free of caked soil,waste, or other nondebris material.Nondebris materials so separated aresubject to the waste-specific treatmentstandards for the waste contaminatingthe material.

Porous debris (i.e., brick, cloth,concrete, paper, pavement, rock, orwood) that is contaminated with awaste listed for dioxin-EPA HazardousWaste Numbers F020, F021, F022, F023,F026, or F027-is subject to additionalcontrols. Because of the potentialtoxicity of the constituents in thesewastes, the Agency believes that it isprudent to require additional controls toensure that the potentially highly toxicconstituents in these wastes areextracted from below the debris surfaceand that the treated debris posesminimum threat to human health and theenvironment absent subtitle C.controLAccordingly, the rule requires the treaterto make an "EquivalencyDemonstration" to the Agency under



Federal Register I Vol. 57, No. 160 / Tmesduy, A gust 14, 92 / Rn]es ,and Regulsibms

existing § 268.42(b) that documents thatthe technology treats contaminantssubject to treatment in these dioxin-listed wastes to a ievel equivalent tothat required Yor these contaurinants bythe performance and design andoperating t-andards for othertechnologies in 'Table 1, J 268.45, suchthat residual levels oflhazardouscontaminants will not pose a hazard tohuman heeAfh and the environmentabsent -subtitle C-control.(b) Liquid Phase Solvent Extraction.

This technelegy decontaminates debrissurfaces by applying a nonaqueousliquid or liquid shttion which causesthe toxic contaminants to enter theliquid phase and be flushed away fromthe debris along wifh the liquid or liuidsouttion using agitation, temperabue,and residence rimesufficient to meet theperformance standards. The treatmentstandards for this technology are thesame as'for water washing and spray'ingbecause the 6echgmlogies use the sameprinc*les lo extract toxic contaminantsfrom debris.

(c) Va pr Phase Solvent Extraction.This teohnakff decaigaminates debrissurfaces 1jW apptying an ergaxk vaperwhich causes the toxic contankiazts toenter the vaor phase using ufficient .agitation, residence time, andtemperatme and to be flushed awaywith the otgank vapor such that theperfortamice itandardsare ac.ieved.The treatment standards for thistechnology are Ave same as for waterwashing apd spraying; exept ;thatporous e" sursfaces must Ise incontaot mth theo goank vapor for morethan 60 "anue". Tis treatment time ASconsistent with state-of-the-art practicesand is aeoesswy to ensure effectiveextraction of centaminants.

(3) Thermal Extractian. The Agencyhas classified two technologies asthermal extraction: J-ugh temperaturtemetals recovery and thermal desorption.

(a) High Teuipnature MetalsRecovery HTXMR). HTMR furnaces aresmelting, meting, or refining furnaces(including pynetalurgcal devicessuch as cupolas, reverherator furnaces,sintering.machines, roasters, andfoundry furnaces Isee I 20.10 definitionof "industrial urmace")) that usesufficient heat reWsidence time, mixing,fluxing a aens. andlr carbon to extractmetals from de.ris. HTMR huraces arepotentially ubje to xgulation underthe BoiLer and Industrial Fasmace (BIF)Rule (subpartl-lpart266) when theybarn hazardous debris. 3

3 See I 266.100(c) that states generally that asmelting, melting, or refining furnace thatbaurs ahazardous waste with a heating vahiei-,dlfaOu/lb or more or that contains a total concetration nt

Today's rule requires -that, fornonslagging furnaces {fe.S., Tefiningfurnacesq, treatment leeidanls met beseparated from the de%+s. In addition,such separated residue must meet Owaste-specific treatment starndards fororganic compotnds in the wastecontaminating the .debFis piir to furthertreatment. Further, thoe rsidues mustmeet the waste-specific treatmentstandards for 'il BAT aomsftuents inthe waste contaminating the debris prirto land disposal. Finally, if debris iscontaminated wiA a ,diO.i'hetedwaste, MTMR is not BAT and Abetreated debris is motte, iaded fTmsubtitle C anles the treater umake an"Equivalent Tedhoelog y" hemowtrationto the Agency under I ZM.4b* thatdocamemrs that the 'techncef, treatscontaminants subject to treatment to alevel equivalent to that required by theperformance and design ani opemtingstandards fr ethur tecoigies inTable 1, 1 2 S, such 'that residuatlevels of hazrdous comtanimtsnot pose.& hazard lo amanbadh mdthe envkmnmemt absest subtide Ccomnri.TwdaV' fs uie does nat eutlWi sh

performance ior desigi ad operatistandards For slugg Mfurnaces(other tutn rtie Tqirements inhzezrt inthe defiitio---a melting zr ametiogfurnace must awk snetas and extractthe metals irom ebris) becamse aslagg!g furnace is _.* to rowideeffective tseatmert for all aomtamizazs,except perhaps for ddhirinated dioxinsas discussed below, and for al debristypes.

For nonlagging iA., refining furnacessuch as roasters Hv furnaces, therule ensures treatment iF both metal w!dorganic oouininants. First, thedefinition vof HTMW furnaces requiresthat metats must be sepated orm Thedebris. Thus, not.onby will metls beremoved, bAt semperatuwes hkcit eoughto separate netas ftom debris shomialso t'em.oe argan contautiuaats fromthe debris (with perhaps Nhe exceptionof dioximss, :as 4isoaued beowi. ,Second,to help ensure that the HTMR wmit baseffective* nuartoed orniccontaminants in *he iddri tie salerequires that &e residue &e ,eepartedfrom &e 'teated debris and dt theseparated residue inus =emet the waste-specific beateat stamiards for theBDAT organic contaminants in thewaste £antaminating the debris prior tofarther Amatnemt.

In addW, She Agency is rooermedthat paotentialy extremely toxic

tmic, ergetic teMlnoundse -cehig ppm eyweight is,subetio'the 1wnRue.

contamntiats cmny Aet be destryed (rremoved with tthe reOi me 'Isevel's 'hatwould not 'me hamird to humanhealth a he-emwronrent abseMsubtiAeC contr l. Cronseqerf'ty,debris i corrtanfinated with a .din-listed waste, H 11 is -not BOAT for #hedebris and the d6bris is not -excludedfrom 'subtitle C Wfter treatment'tlessthe treater dbtains upproval from theDirector under an equivalent technologydemonstration provided by 'Wfg.for the design and operating conditionsof the HTMR untt.'The rule provides thisrestriction for dioxin-Tisled wastebecause of concern 'that if suchcontaminants remained undestroyedeven at low conoentrations in theresidue and were not completelyremoved trom fie treated debirs, thatthe debris oovIld psse aliealth orenvironmental hazard absents ubtitle Ccontrol.

(U) Thermal Desorption. Thermaldeaorption As heaAig An an Itloaudchamber under either irdizing rnonauididng ala..phees &t tuiiciestoperating keiiratlue and residencetime aah that Ahe entinants sujectto treatment are vapedzed and vnemedfrom the fistag diamber in a gamoexhamtsbntms. " The nde establishesope-ating and performance standardsand comtainst maetrictims, andrequmes Ihe triea to make ademonstraion of "EquwafivrtTechnology" under § 2.U@(s) odoomuent sbat diechnclogy treatscontamiruis udbject An trieatnevt to alevel eq-isut *tht meq ied y theperforimmce and e m and operatingstandards for cdaer technologies inTab4e 1, 1 I 4S, xidaikat residuallevels of ardussooWmtinmmts wilnot p oe a hwairl it 6asm health andthe enviro erdbsibet:sdtle C

The Agency 'temp'ted to developobjective treatment standards 4hatwould obviate the "need for wnequivalency dearn tratirm (Reediscussion abovei.'The Agencydetermined, bowever, 'ratit was verydifficult to establish 'universal operating

4 We Wte that a thermal desorbar is regulatedeither as an Incinerator (ff the device is direct-Tredor if the dfas94se1mved ia e an tmert undersubipa5 Llfqi't U22 ,mrM65i,=ras stltreatment unit under subpart X, part 264 or subpartP. part 265. To distinguish between thernmadesoMn.4en eni 4ml-deoNvoten ffor YAitchsepmwie4Wbv% 1utew Ebn8~p;'PPvoiddfor pw'pe&ef'f'oomfl8 Vdh514hi"m1ee, she Pmmrypurpose, m dv&d&ep*m 4. t .volelffecontem mand 4e remew tirm mm betreaameutm',e ter qdh itw*4' g*tie'ertreatme. Wevie4, t 4he lmueM Owt ds inTable 1, I'3Stier ,d4.st 4aper loei'excludes thermal desorbers.

37231




limits for the key operating parametersthat affect treatment efficiency-temperature, residence time, size ofporous debris, bed depth, and volatilityof the contaminant-that would strike abalance between ensuring treatment tominimum threat levels and establishingrequirements that could grossly over-regulate in many situations. Rather, theAgency believes that operatingrequirements can best be determined ona case-by-case basis (i.e., under anequivalent technology demonstrationunder § 268.42(b)) considering theparameters listed above. In addition, theAgency believes that the performancestandard used for physical and chemicalextraction-treatment to a clean debrissurface-is not practicable for thermaldesorption because treated debrissurfaces will continue to have a dustingof residue after separation of the debrisfrom the residue by simple, physical ormechanical means (unless waterwashing is used). See discussion belowregarding the requirement for separationof debris from residue.

The treatment standards for thermaldesorption require, in addition to thecase-by-case Agency approval of designand operating conditions, thathazardous contaminants be vaporized(by virtue of the definition of thermaldesorption), and restricts the use of thetechnology for metal contaminants otherthan mercury (i.e., thermal desorption isnot BDAT for metals other thanmercury). In addition, to help ensureextraction of contaminants from belowthe surface of porous debris, -the ruleestablishes a maximum thickness (inone dimension) for porous debris of 10cm (4 inches).3 5 The 4 inch maximumthickness limit is consistent with state-of-the-art practices. The restriction onmetals other than mercury is providedbecause they are not likely to beextracted from below the debris surfaceat normal desorption temperatures andresidence times.

We note that we consideredrestricting the use of thermal desorptionfor only porous debris that iscontaminated with a metal other thanmercury. We reasoned that metalcontaminants in soil or waste on thesurface of nonporous debris will bephysically separated from the debrisalong with the soil or waste during orafter desorption, and thus a restriction

35 See previous discussion in the text that. if sizereduction of debris to meet the treatment standardsreduces the particle size to below the minimum 60mm size limit for the definition of debris, suchnondebris material is subject to the waste-specifictreatment standards for the waste contaminatingthe material, unless the debris has been cleaned andseperated from contaminated soil and waste priorto size reduction.

would not be necessary. However, weare also concerned about metalcontaminants that may remain on thesurface of nonporous (and porous)debris after desorption and afterseparation of the treated debris from theresidue. An example is a piece of steelcontaminated with a metal-bearing paintthat causes the steel to fail the TC. Themetal may not be desorbed and thepaint would not be separated from thesteel during the simple physical ormechanical separation of residue fromdebris. Although the steel wouldcontinue to fail the TC, it would havebeen treated to meet BDAT and couldbe land disposed in a subtitle C facility.This is inconsistent with the Agency'sview that BDAT for a TC waste mustcause the waste to no longer exhibit theTC.

The treatment standard for thermaldesorption also requires separation ofthe treated debris from treatmentresiduals and soil, waste, or othernondebris material (collectively referredto as residuals) because residuals aresubject to the treatment standards forthe waste contaminating the debris. Seediscussion in Section V.E. Not only willthese residuals contain unvolatilizedmetals that require further treatment,but the Agency is using the residueseparated from debris as a surrogatemeans to ensure effective debristreatment. The rule achieves thisobjective by requiring that the residueseparated from the treated debris mustmeet the waste-specific treatmentstandards for organic compounds in thewaste contaminating the debris. If theresidue (prior to further treatment) doesnot meet applicable treatment standardsfor organic compounds, it is anindication that the desorption processdid not effectively extract the organiccontaminants subject to treatment.Thus, the treatment is not BDAT, thetreated debris is not excluded fromsubtitle C, and both the residues and thedebris cannot be land disposed withoutfurther treatment.

Separation of the desorbed debrisfrom treatment residuals (i.e,, soil,waste, or other nondebris materials)must be accomplished using simplephysical or mechanical means such asvibratory or trommel screens or waterwashing. The separation process neednot produce a "clean debris surface" 36

16 "Ciean debris surface" means the surface.when viewed without magnification, shall be free ofall visible soil, waste, paint, or other foreign (i.e..nondebris) matter, except that residual stainingconsisting of light shadows, slight streaks, or minordiscolorations, and foreign matter in cracks andcrevices may be present provided that such stainingand foreign matter in cracks and crevices shall be

as discussed above, however; rather thedebris surface must be free of cakedresiduals or nondebris materials such assoil or waste. For example, debris neednot be water washed after trommelscreening to remove dust from residualsor nondebris material. (Note that the useof water washing to separate thermallydesorbed debris from residuals andnondebris materials need not complywith the treatment standards for waterwashing (e.g., treatment to a "cleandebris surface") because the debris hasalready been treated by an alternativetechnology.)

c. Destruction Technologies. TheAgency has identified twoclassifications of destructiontechnologies: chemical destruction andthermal destruction. These technologiesare designed and operated to destroyhazardous contaminants on debrissurfaces and in surface pores.

(1) Biodegradation. Biodegradation isthe removal of hazardous contaminantsfrom debris surfaces and surface poresin an aqueous solution andbiodegradation of organic or nonmetallicinorganic compounds (i.e., inorganicsthat contain phosphorus, nitrogen, orsulfur) in units operated under eitheraerobic or anaerobic conditions. Therule establishes operating andperformance standards and contaminantrestrictions, and requires the treater tomake a demonstration of "EquivalentTechnology" under § 268.42(b) todocument that the technology treatscontaminants subject to treatment to alevel equivalent to that required by theperformance and design and operatingstandards for other technologies inTable 1, § 268.45, such that residuallevels of hazardous contaminants willnot pose a hazard to human health andthe environment absent subtitle Ccontrol.

The Agency attempted to developobjective treatment standards thatwould obviate the need for anequivalency demonstration (seediscussion above). The Agencydetermined, however, that it was verydifficult to establish universal operatinglimits for the key operating parametersthat affect treatment efficiency-type ofmatrix contaminating the debris,biological proprieties of thecontaminant, temperature, pH, treatmenttime, biomass concentration, moisturelevel, and for aerobic biodegradation,oxygen concentration-that wouldstrike a balance between ensuringtreatment to minimum threat levels andestablishing requirements that could

limited to no more than 5% of each square inch ofsurface area.



Fedeal Regisier / Vol. 57. No. 260 / Tseda August 18, 1992 JI RMles ad Reguaadens 3723

gronsly over-regkme in many saitations.Rather, the Agency believes tiaoperating Teqwremenis cas hiest bedeteiined on .oa be-y-case basis {Le.,under an equivalent 4eohnoklrdemonstratlea under § 26,4Zb1)conskidring 1he paameters lissed above.

In addition, the Agency believes &hatthe performance standard used forphysical and chemical extraction-treatmeit io a clean debris surfce--isnot practicable for biodegradationbecause treated debris surfaces arelikely to fail that standard even thoughorganic contaminants may have beendestroyed and metal contaminants mayhave been extracted. F7urther, theAgency could not identify a genericstandard that would ensure effectivetreatment oforganic contaminants thatmay be benealb the surface of porousdebris.

In addition to the requirement to makean equivalency demntt tion, thetreatment otandards 'esta sh amaximum Ohickteas {in oene nimenamofor orous debris-f 1i,cm% kmht.These iequireents will heLp enurieextraction of contaminats from belowthe surfaoe of parous ebris.

I1be rule also restricts the use ofbiodegradation for metal coixtaminantsbecause metals re not -destroyed by thebiomass (i.e.b hiodegradation is notBDATfor metals). Further, theperformance and design and operatingstandards woaid mt ensure thatundestvyed metal vwAd partition tothe biomass ior tneatmert to the Americstandards for &ie waoe cmtaminatingthe debris. Tins is 'because theperforimarue standard does net requiretreatment lo a "dean debris surface" asdiscussed above, so that neither theperformance stan&ard eor therequirement to separate treated debrisfrom residuab (see discussian beiow)wou d ensure that meW contaminantswould partitioti to the euiue.

The treatment standd farbiodegradim requires separatin ofthe treated debris iron treatmbtresiduals (ie., soil, 'wasle, or-othernondebris mate l because nesialsare subject to the americal Ireatmewstandards for the waste cwaainatigthe debris. See discussime in secitim V.E.Not only will these residuls ontainmetal contaminanats that require furthertreatment, but Abe Agenoy is Asing the

B1Seeirei iu limennsioni ithe AeWt tha . f sizereduction of ujte dimnet he Aneaatieot etoitdardsreduces thepmrticde sie In below te.minimum6omm size limit Tor the definition oT debris, suchnondebris material is subject to the wasie-Apacifictreatment .tandar s or the wasie rentaintingthe material, 41a. 4 4"is " aaeImclimid andseparated fom. uatamina ted nil and waste priorto size reduction.

residue separsted fTrom debtis as asurrogate means to ensire efieotbmdebris treanent. Aorwdi*gl¥, thedebris treatment standard ia. auithat the resie 'spated from thetreated dekbis mnust meet the waste-specific treahnet ustendaa.ms fororlaniccompounds in the waste contaminatingthe debris 1rior to further mstment. tfthe residue,'prior ho farther treatmeodoes not meet applicable treatmentstandards for a oaric oontmmiih, itisan indication 'that the Modogradationprooess did not ef c destvyr &heorgamic oontmnants *ubject totreatment Thus, 'the treatment is natBDAT. treated debris is ,ot exdaddfrom. saotie C, and both the rediduesand the debris camt be land dispoedwithout karer treatment.

Saraficatof the bodegradeddebmisfrom treatment nesiduals. sal, waste. orother mnondthris maerials (.llectielyreferred to as aue.Idne and subjet tthe treatment staards for res nausmit be acoomfimhued ung sis~e

physical'or mechasical means svati asvibratmy 'x tnmnd soreens sr waterwashing. Tie sparationprocess meadnot pmduce a "lean debrismwfaoe" asdiscussed .boue, Iaowever; ather thedebris surface mast be ree iof cakedbiomass or awndebris .sakmsials such assoil or wasie. for eampile, the use ofwater to washoff the kiomass tr otherforeign mater rom the 4eiaris afierremoval from Ae treatment lpaceasdoes am adojed the dlbris to 4hetreatment stamarsfo ar Water washh'[e.g., treatmen to a"dlean ddAuissurfaoe"J. This is because tite dehris ihasalready been treated 4 an alternativetechnolt..

(2) UCbek Bertvetn im. the ruleestablishes two dieminal deatrncitechm gies as C eI mialoxidation m hemial xedction.

(a) Chemical Gaidafia. C -mnicdloxidation is ihemicad or rleokiyticoxidation utilizng 'the fullowingoxidation reagents (or waste leageitslor joamhinatioe f reapsts:Hypicbiorite e.g. ileach; damine;chioine hkndic e xnze er 1JV(ultraviolet lio assised esne;per axiides pesu.fates; rperclow*s=pem gzte; anow/= cdi h wzi

reapentsof equivaleat ideskmuctimefficiency. Chemical cWialtinspecificalty &icldes wthat is referred -toas alkaline c.

The Agecy was mat ;Wle to developobjective performance or design andoperation standards because ofthevariety of eidatin meagents " cekdbe used and Ie variety ef 'dhemicl andphysical properties of.debris andhazardous contaminants. 12 addition,

the Agency beiemes tha thepecfornmce standard aged for physicaland demicel Urti~- a ent aclean debis sarfece-is not pecticaefor chemict dtimim broamee tmeaddebds surfaces e M lyo fufl dtstandard even though orgaicontamiuants quy Isue been detropedand attal uontainazas amy have beenextraced. Purther, the Aency cu n#identify -a enerik vtandrd *ag wouldensure effective antofw g iariccontanfina, ts 4hat mey be beneath Thesurface poupmws eb&. Cewoequettly,the 1prhnmr reatAmnt stanArd forchemical exidltie requires 1he treaterto mmke a demensrt of "E'quivalentTechneogy" under §[email protected] todocume 'hat the itedmoley tmatscfltamiai*s mbject 4o itreatment to alevel eq-ivalenit le Ora't ,equired fry theperformance and iesign oad operatigstandards for oher tedinlogies inTable 1 § 28.45, sudh tat res'idu llevels of hazardous oonu'nrrtam nts wnot 'pore -a hazard to wman health andthe enviromnerrt absent Csubtitle Ccontrol. 'See discussion -above.

The rule also resaricu the use ofchemical oxidarion for maetalcontaminants because metals are notdestroyed by the chmical reagenis (ie.,chemical oxidation is not DAT formetals). Further, the performance anddesign and pperating standards wouldnot ensue fhat andestroyed metalwould partition to fhe nesidue fortreatment to the nmmic standards farthe waste ooutaminafing the debris."Thisis because .teperkomance.standiareddoes not require itratment to .a "cleandebris -surface" .as discuassed ab.ove, sothat mither The perlor ace .standardnor the cequiraiet to separate treateddebris xom residuals see discussionbelowJ smould ensure -that meaalcontaminats would.partition to theresidue.

In addition, to Atbi ensure effecivetreatment, 'he twatmentstasiardreq iTw 4hata ous diebris-ibrick,cloth, 'o mat , pam pavemet, sook.and 'od-cmmt iste a ,thicknessexceedingl.. can (% pms rtotreatut Ito nue zffwtive ttreftmentof contaminarts a'boari md hycad (hedebris ssu ace.

Finally, 'he "Ae re es OhA thetreated debris wmt 'be oepeuve frm

35 'See previous discussion in lhe .text that, if sizereductieiov'bris tojneet4he ,tmeitsandardsreduces the particease tetowl 61tOmm size imirft 'heoA&Mfrnitin g dehea, ouchnondebrissnaaerialiss w o ite wa.west iiictreatment stanaards or (he waste contaminatingthe nmteri'ial.lma helldteis lms'beenaemdlemtsepwalI isnenamknidediedo and m priorto-Sim loductivin.




treatment residues, and that suchseparated residue must meet the waste-specific treatment standards for organiccompounds for the waste contaminatingthe debris. See discussion above forrationale and information on how thisprovision works.

(b) Chemical Reduction. Chemicalreduction is a chemical reaction utilizingthe following reducing reagents (orwaste reagents) or a combination ofreagents: Sulfur dioxide; sodium,potassium, or alkali salts of sulfites,bisulfites, and metabisulfites, andpolyethylene glycols (e.g., NaPEG and-KPEG); sodium hydrosulfide; ferroussalts; and/or other reducing reagents ofequivalent efficiency. The treatmentstandards for chemical reduction areidentical to those for chemical oxidationbecause the technologies are based onsimilar chemical reactions.

(3) Thermal Destruction. Thermaldestruction is treatment in anIncinerator operating in accordance withsubpart 0 of part 264 or 265, a boiler orindustrial furnace operating inaccordance with subpart H of part 266,or other thermal treatment unit operatedin accordance with subpart X, part 264(permit standards) or subpart P, part 265(interim status standards).

As noted above in the discussion oftreatment standards for thermaldesorption, a thermal desorber isregulated either as an incinerator (if thedevice is direct-fired or if the off-gas isburned in an afterburner) under subpartO of part 264 or 265, or as a thermaltreatment unit under subpart X, part 264or subpart P, part 265. To distinguishbetween thermal desorption and thermaldestruction (for which separate debristreatment standards are provided) forpurposes of complying with this rule, theprimary purpose of thermal desorptionis to volatilize contaminants and toremove them from the treatmentchamber for subsequent destruction ortreatment. The definition of thermaldestruction in Table 1, § 268.45,specifically excludes thermal desorbers.

Today's rule requires that treatmentresiduals be separated from the debrisand restricts the use of thermaldestruction (i.e., thermal treatment is notBDAT) for inorganic debriscontaminated with a metal other thanmercury. In addition, if debris iscontaminated with a dioxin-listedwaste, thermal destruction is not BDATand the treated debris is not excludedfrom subtitle C unless the treater makesan "Equivalent Technology"demonstration to the Agency under§ 268.42(b) that documents that thetechnology treats contaminants subjectto treatment to a level equivalent to thatrequired by the performance and design

and operating standards for othertechnologies in Table 1, § 268.45, suchthat residual levels of hazardouscontaminants will not pose a hazard tohuman health and the environmentabsent subtitle C control. (Note asdiscussed below that these restrictionsdo not apply to vitrification.)

Given that thermal destruction usessubstantially higher temperatures andoften longer residence times thanthermal desorption, the Agency believesthat thermal destruction will destroy allbut the most toxic hazardous nonmetalcontaminants to minimum threat levels.Although metal contaminants will not bedestroyed, metal contaminants inorganic debris (e.g., wood, paper) will beremoved from the treated debris. Metalsin organic debris will partition to theresidue (i.e., the material resulting fromtreatment that remains subject tonumerical treatment standards) becausethe organic debris will be destroyed.Given that the treatment standardsrequire separation of treated debris fromthe residue, the metals from the organicdebris will partition to the residue forsubsequent treatment to the waste-specific treatment standards for thewaste contaminating the debris.3 9 Thus,only metals contaminating inorganicdebris (e.g., concrete, bricks) mayremain untreated if they are notvolatilized. To ensure treatment of suchmetals, the rule restricts the use ofthermal destruction (i.e., thermaltreatment is not BDAT) for inorganicdebris contaminated with a metal otherthan the highly volatile mercury.

The treatment standards also .requirethat the residue separated from thetreated debris must meet the waste-specific treatment standards for theBDAT organic contaminants in thewaste contaminating the debris prior tofurther treatment. This will help ensurethat the thermal destruction unit haseffectively destroyed organiccontaminants in the debris.

In addition, the Agency is concernedthat extremely toxic contaminants maynot be destroyed (or removed with theresidue) to levels that would not pose ahazard to human health and theenvironment absent subtitle C control.Consequently, if debris is contaminatedwith a dioxin-listed waste, incinerationis not BDAT for the debris and thedebris is not excluded from subtitle Cafter treatment unless the treater-obtains approval from the Director of

39 Although metals in soil or waste contaminatingthe debris may be removed by separation of thetreated debris from these materials as the rulerequires, metals in metal-bearing, heat resistantcoatings on inorganic debris may neither bevolatilized nor separated from the treated debris.

the design and operating conditions ofthe thermal destruction unit. Weconsidered applying this restriction onlyto porous, inorganic debris under thereasoning that the contaminants indioxin-listed waste would partition tothe residue for nonporous debris (e.g.,metal) and organic, porous debris (e.g.,wood). We were concerned, however,that if such contaminants remainedundestroyed even at low concentrationsin the residue and were not completelyremoved from the treated debris, thatthe debris could pose a health orenvironmental hazard absent subtitle Ccontrol. Given that the requirements forseparation of residue and treated debrisdo not require a "clean debris surface"but, rather allow a dusting of residue toremain on the debris, we believe that itis prudent to establish this restriction ondioxin-listed waste.

Finally, we note that vitrification is atype of thermal destruction and that therule establishes special (i.e., reduced)requirements for vitrification. Althoughthe Agency classified vitrification asboth thermal destruction and animmobilization technology at proposal(57 FR 1036), the Agency believes thatthe regulation is more easily understoodif vitrification is classified only asthermal destruction with appropriateconsideration given to the fact thatvitrification heats the debris toextremely high temperatures resulting inthe formation of nonasbestiform glass.The fact that vitrification transformsdebris into a glass-like residue is thebasis for the special requirementsestablished for vitrification: (1) Therestriction on metal contaminants forporous, inorganic debris does not apply;and (2) the requirement for Agencyapproval of design and operatingconditions to treat debris contaminatedwith dioxin-listed waste does not apply.Nonetheless, the vitrified residue, likeall debris treatment residue, is subject tothe waste-specific treatment standardsfor the waste contaminating the debris.

d. Immobilization Technologies. TheAgency has identified threeimmobilization technologies as BDATfor hazardous debris:macroencapsulation,microencapsulation, and sealing.Immobilized debris must be landdisposed in a subtitle C facility; 40 it isnot excluded from subtitle C regulationbecause the contaminants have not beendestroyed or removed but rathercontained indefinitely. Today's rule

40 In the Phase I1 land disposal restrictions rule.the Agency will reopen and request comment on theissue of whether immobilized debris should beexcluded from subtitle C regulation.




establishes only general, nonobjectiveperformance standards for thesetechnologies rather than the moreprescriptive standards that wereproposed (57 FR 1035-1036) because,based on public comment and theAgency's re-evaluation, the Agency isconcerned that the proposedprescriptive standards may be overlyrestrictive (i.e., by requiring conditionsthat are more than necessary to ensureimmobilization prior to subtitle Cmanagement) 41 in some cases andineffective in others. Nonetheless, theAgency believes that the performancestandards promulgated willsubstantially reduce the likelihood ofmigration of hazardous constituentsfrom the debris as required by RCRAsection 3004(m)(1).

(a) Macroencapsulation.Macroencapsulation is the applicationof surface coating materials such aspolymeric organics (e.g., resins andplastics) or the use of a jacket of inertinorganic materials to substantiallyreduce surface exposure to potentialleaching media. The treatment standardrequires that the encapsulating materialmust completely encapsulate the debris(i.e., the encapsulant must completelysurround the debris and be unbroken).Further, the encapsulating material mustbe resistant to degradation by the debrisand its contaminants and materials intowhich it may come into contact afterplacement (leachate, other waste,microbes) to ensure that the likelihoodof migration of toxic contaminants hasbeen substantially reduced.

(b) Microencapsulation.Microencapsulation is stabilization ofthe debris with the following reagents(or waste reagents) such that theleachability of the hazardouscontaminants is reduced: Portlandcement; or lime/pozzolans (e.g., fly ashand cement kiln dust). Reagents (e.g.,iron salts, silicates, and clays) may beadded to enhance the set/cure timeand/or compressive strength, or toreduce the leachability of the hazardousconstituents. The performance standardfor microencapsulation requires that theleachability of the hazardouscontaminants must be reduced.

We note that the proposed rule wouldhave prohibited the presence of freeliquids in the microencapsulated debris.Today's rule does not provide thisexplicit prohibition because free liquidsare prohibited from land disposalfacilities under existing requirements-§ 264.314 or 265.314.

41 For example, by requiring a minimum 7 daycure time for microencapsulation when somereagents can adequately stabilize some debris typesin much less time.

If the treater reduces the particle sizeof debris to make it amenable tomicroencapsulation so that the debris nolonger meets the 60 mm minimumparticle size limit for debris, suchmaterial is subject to the waste-specifictreatment standards for the wastecontaminating the material, unless thedebris has been cleaned and separatedfrom contaminated soil and wastebefore size reduction. This is consistentwith the Agency's position that materialwith a particle size less than 60 mm isamenable to conventional treatment forprocess waste and small particle-sizedmaterial (i.e., as opposed to large debrisobjects) and that such material can bereasonably sampled for analysis todocument compliance with theconcentration-based treatmentstandards for the waste contaminatingthe material.

If the debris has been cleaned andseparated from contaminated soil andhazardous waste 42 before sizereduction, the material remainsclassified as debris subject to today'streatment standards even if it no longerhas a 60 mm particle size. The Agencybelieves that cleaning and separation ofcontaminated soil and hazardous wastewill substantially reduce theconcentration of toxic constituents suchthat, upon microencapsulation andplacement in a subtitle C unit, the toxicconstituents should not pose a hazard tohuman health and the environment.

The level of cleaning and separationthat is required is the same as requiredfor separation of treatment residue fromtreated debris. See Note 9 to Table 1,§ 268.45. At a minimum, simple physicalor mechanical methods must be usedsuch as vibratory or trammel screeningor water washing. The debris surfaceneed not be cleaned to a "clean debrissurface" as defined in Table 1; rather,the surface must be free of caked soil,waste, or other nondebris material.Nondebris materials so separated aresubject to the waste-specific treatmentstandards for the waste contaminatingthe material.

(c) Sealing. Sealing is the applicationof an appropriate material whichadheres tightly to the debris surface toavoid exposure of the surface topotential leaching media. Whennecessary to effectively seal the surface,sealing entails pretreatment of thedv'bris surface to remove foreign matterand to clean and roughen the surface.Sealing materials include epoxy,

42 We note that mixtures of contaminated soil,waste, and debris are regulated as debris if themixture is at least 50% debris by volume. Thus,materials regulated as debris may contain highconcentrations of toxic constituents,

silicone, and urethane compounds; paintmay not be used as a sealant.

The performance standard requiresthat the sealing must be performed toavoid exposure of the debris surface topotential leaching media-that is, thesealant must completely enclose thedebris. Further, the sealant must beresistant to degradation by the debrisand its contaminants and materials intowhich it may come into contact afterplacement (leachate, other waste,microbes) to ensure that the likelihoodof migration of toxic contaminants hasbeen substantially reduced.

e. Changes to the Proposed Rule. Inaddition to the changes from proposaldiscussed above, today's final rulegreatly simplifies presentation of thetreatment standards. Proposed Table 1(indicating by YES or NO whichtechnologies would be BDAT for whichdebris types when specific contaminantcategories were present) and Table 2(classifying contaminants by category)are not promulgated. Nonetheless, thefinal rule will operate essentially as theAgency had intended for the proposal-rule. Rather than explicitly identifyingacceptable technology/debris/contaminant combinations in two tablesand providing the performance or designand operating standards in a third tableas proposed, the final rule establishesthe treatment standards in a singletable-Table 1 of § 268.45. Not only wasthe proposed approach confusing, butproposed Table I forced unintendedconsequences. •

Proposed Table I would haveprohibited the use of particulartechnologies to treat certain debris typescontaminated with certain hazardousconstituents. In most cases, theproposed prohibition was based on theimpracticability of applying thetechnology to the debris type rather thana determination as to whether thetechnology would effectively treat thedebris if it was (or could be) applied. Anexample is the proposed prohibition onusing abrasive blasting for paper, cloth,rubber, and plastic. The Agency hasdetermined that abrasive blastingshould be allowed for these types ofdebris because they may be mixed withdebris that is amenable to thetechnology and would be converted to atreatment residue. An example is a steelI-beam that has paper labels on it. Ifabrasive blasting was used to treat the I-beam. the performance standards wouldensure that the paper labels became partof the treatment residual subject to thetreatment standard for the wastecontaminating the debris.

We note, however, that depending onthe type of contaminants subject to

37235




treatment and the technology selected totreat the debris, more than onetreatment technology may be required tomeet the standards. For example, ifwater washing was used as anextraction technology for a porousdebris (e.g., concrete) with acontaminant subject to treatment thatwas not soluble to at least 5% by weightin the water solution, anothertechnology (e.g., thermal desorption)must be used to treat that contaminant.

In summary, today's final rule uses thedefinition of the technology, theperformance or design and operatingstandards, and the contaminantrestrictions provided by Table I of§ 268.45 to ensure effective treatment ofhazardous debris.

6. Treatment of Characteristic Debris

EPA proposed that debris thatexhibits a characteristic of ignitability orreactivity, or that is contaminated withwastes that are ignitable, reactive, orcorrosive, be treated to deactivate thewaste. See 57 FR 1021. The Agencysolicited comment on the question ofwhether such debris should also betreated for all Appendix VIIIconstituents that could reasonably beexpected to be contaminating the debris(see 57 FR 984-85), and whether simpledilution should be allowed as a meansof achieving deactivation, id. at 990.

In the third third final rule, EPAestablished deactivation as a treatmentstandard for certain ignitable, corrosive,and reactive wastes, and alloweddilution as a means of achieving thisstandard. In large part, this was due tothe enormous diversity of wastesexhibiting these characteristics and thedifficulty of ascertaining the existenceor extent of contamination notattributable to the characteristicproperty itself for this enormouslydisparate group of wastes. See 55 FR22654. These concerns are less apparentfor debris exhibiting ignitability orreactivity, or contaminated withignitable, corrosive or reactive wastes,because there appears to be much lessof it (almost no debris could beignitable, given that most ignitablewastes must be liquids (see § 261.21(a)(1) and (2)), none is corrosive (onlyliquids can be corrosive wastes), andalso because a large proportion of debriswould likely be contaminated withhazardous constituents because mosthazardous debris comes fromremediation sites. Id. at 985.

Most commenters opposed requiringtreatment for specific hazardouscontaminants. They also urged that alldilution be allowed as a form oftreatment. Some commenters arguedthat this result was compelled by the

statute. (This issue is presently awaitingdecision by a panel of the District ofColumbia Circuit Court of Appeals.)Others expressed concern with thepractical difficulties inherent insampling for hazardous constituents, orotherwise ascertaining their presence.

After considering the record, theAgency has decided to adopt the sametreatment standards for ignitable,corrosive, or reactive (ICR) debris as forother hazardous debris because ICRdebris is just as likely to becontaminated with hazardousconstituents. See 55 FR 22654. (EPA willsubcategorize ICR wastes and developspecific treatment standards, rather thanallowing all types of dilution astreatment when a specific toxicity threatis apparent.) We are adopting atreatment standard of deactivation forthese wastes but are requiring that thestandard be achieved by use of thetreatment methods adopted for otherdebris, unless the generator or treaterdemonstrates to the Agency that thedebris does not contain toxicconstituents. See discussion oncodification of the contained-in principleabove in Section V.B.2.b. (If necessary,petitioners could also make anequivalency demonstration under§ 268.42(b) if they wish to treat by somemeans other than one of the methods setout in the rule.) This will result in sometreatment of hazardous constituents thatare present, rather than allowing simpledilution to be used. (Many treatmentmethods for debris involve some type ofdilution, and are permissible undertoday's rule. The effect of today's rule isto prohibit dilution other than thatoccurring as a result of a designatedtreatment method. An example ofimpermissible dilution could be packingignitable, corrosive, or reactive debris insand.) In addition, the types of concernsvoiced by the Agency in the third thirdrule against adopting this type ofstandard for all ignitable, corrosive, andreactive wastes are not present fordebris. The Agency is not requiringidentification of hazardouscontaminants that may be present, asproposed, in part due to the practicalconcerns voiced by commenters, in partbecause the Agency is not adopting thisapproach for other debris, and becausemost of the treatment methods willprovide some treatment of most if not allhazardous contaminants.

EPA is not providing the option oftreating by existing treatment standardsfor these wastes. This is because theexisting treatment standard for mostignitable, corrosive, or reactive wastescan be achieved by deactivationinvolving any type of dilution. Since thisis the very result that the Agency is

seeking to avoid, EPA is indicating inthe rule that this option is not availablefor this one class of debris.

EPA noted at proposal that specialrules would be needed for debris that isreactive due to presence of cyanide inorder that cyanide by treatedadequately. See 57 FR 990. We areadopting this approach in the final rule.Any such debris must therefore betreated by one of the specifiedtechnologies for which the treatmentstandards can be achieved for cyanide.In addition, any residues of suchtreatment may not be disposed untilcyanide is treated to levels establishedin existing Table CCW of § 268.43 (thetreatment standard for waste that isreactive because of cyanide). Thisapproach is consistent with that adoptedfor reactive cyanide wastes in the thirdthird rule and should ensure that thecyanide known to be present is treatedadequately before land disposal.

7. Special Requirements for InherentlyHazardous Debris

The proposed rule also considered theregulatory status of debris that is itselfhazardous because it is fabricated withtoxic constituents. Because such debriswill continue to exhibit the toxicitycharacteristic after treatment by anextraction or destruction technology,today's rule requires treatment by animmobilization technology to reduce thelikelihood of migration of hazardouscontaminants. See § 268.45(b)(4).Examples are lead pipe, or refractorybrick containing chromium. See 57 FR990. (This debris is referred to in thispreamble discussion as "inherentlyhazardous debris".) Such debris canalso be contaminated with listed wastes.In the proposed rule, the Agencydiscussed how the land disposalrestrictions would apply if such debriswere disposed of, and also indicatedthat an alternative for much of thisdebris would be to recycle it as scrapmetal, in which case an existingregulatory exemption could apply. id.EPA also solicited comment on whatstandards should apply to residues fromtreating inherently hazardous debris,and also requested comment on whetherthere were situations whenimmobilization would not be anappropriate treatment technology forsuch debris. Id. at n. 26 and 990-91.

The Agency is essentially adoptingthe proposed approach in the final rule.However, some of the issues raised inthe proposal require additionalclarification, which is provided below.

a. Inherently Hazardous Debris thatIs Disposed. When recycling ofinherently hazardous debris is not




practicable and it is to be disposed,today's rule requires treatment by animmobilization technology to reduce thelikelihood of migration of hazardouscontaminants, followed by disposal in asubtitle C facility. In response tocommenters' concerns about the needfor size reduction for immobilization, wenote that the treatment standards formacroencapsulation and sealing may beachieved in some cases without sizereductions.

4 3

A number of commenters questionedwhether any treatment was needed tobe performed on inherently hazardousdebris or whether it could simply bedisposed directly. The statute foreclosesthat option. Section 3004(m)(1) indicatesthat the Agency is to establish "levels ormethods of treatment, if any" whichsubstantially reduce waste toxicity andmobility and minimize threats. If thereare not such methods, the situation EPAbelieves contemplated by the clause "ifany" in section 3004(m), the wastecannot be land disposed. See section3004 (d), (e), and (g): see also API v.EPA, 906 F. 2d 729, 738 (D.C. Cir. 1990)(use of comparative risk assessment tocompare safety of treatment methodsversus land disposal of untreatedwastes is unnecesary given that thestatute forecloses land disposal as anoption). Thus, some treatment ofinherently hazardous debris is needed inorder for it to be land disposed. Asindicated above, the Agency believesthat such methods exist (i.e..immobilization).

If inherently hazardous debris is alsocontaminated with listed wastes, thenthat waste also must be treated by oneof the prescribed treatment methods, thesame approach adopted for all otherdebris. Note that the contaminants inthe waste contaminating the debris neednot be treated prior to immobilization ofthe debris if the performance standardsfor the immobilization technology canbe achieved without such priortreatment.

Residues from treating inherentlyhazardous debris would not requirefurther treatment unless the residuesalso exhibited a prohibited hazardouswaste characteristic. However, if theinherently hazardous debris iscontaminated with a listed waste.residues from treating the debris wouldremain subject to the numericalstandards applicable to that listedwaste. Furthermore, if the debris weretreated first to remove or destroy thelisted waste (i.e., treated by anextraction or destruction technology

43 Certainly. size reduction to that normallyachieved prior to microenculaition is notnecessary.

prescribed in today's rule) andsubsequently treated again byimmobilization due to its inherentcontent, the Agency would not considerthe debris to be contaminated anylonger with a listed waste, since theinitial treatment would have removed ordestroyed it. Thus, any residues fromsubsequent immobilization would not besubject to treatment standards unlessthose residues exhibited acharacteristic. For example, if lead pipecontaminated with listed solvents wasfirst treated to remove the solvent andthen treated to immobilize the lead, onlyresidues from removing the solventwould have to meet the numericalsolvent treatment standards. Thisapproach mirrors that adopted for allother hazardous debris.

b. Inherently Hazardous Debris thatIs Scrap Metal and Is Recycled. EPA'srules provide for an exemption fromregulation for scrap metal that isrecycled. See § 261.6(a)(3)(iv): scrapmetal is defined at § 261.1(c)(6). EPAconsequently indicated at proposal thatthe land disposal prohibitions would notapply to inherently hazardous debristhat was also scrap metal beingrecycled. EPA adheres to that approach,which simply restates current rules (andwas not reopened for reconsideration).The only obligation for generatorshandling such scrap metal is to keep arecord of the scrap and its subsequentdisposition or recycling by metalreclamation. See § 268.7(a)(6). If thescrap metal is also contaminated withlisted waste, the exemption continues toapply since the material would still meetthe regulatory definition of scrap metal.However, any residues from processingthe waste would remain hazardous bythe derived from rule, and would requiretreatment to meet the standard for thatlisted waste before it could be landdisposed. Thus, persons treating suchscrap metal would become hazardouswaste generators, and would also incurresponsibilities under the land disposalrestriction rules (see § 268.7(a) (1) and(2)). As explained in the previoussection, however, if the scrap metalwere to be treated first by a prescribedremoval or destruction technology, itwould no longer be considered to becontaminated with a listed waste, andany residues generated subsequentlywould not be hazardous wastes unlessthey exhibited a hazardous wastecharacteristic. Thus, it may beadvantageous to arrange forpretreatment of contaminants beforethis type of scrap metal is recycled.

c. Status of Stainless Steel Debris.The Agency provided an example in theproposed rule of demolition of a building

containing stainless steel fixtures andindicated that if a representative sampleof the demolition debris exhibited acharacteristic debris would behazardous waste. The Agency notedthat stainless steel could also beremoved before demolition andmanaged separately, perhaps byrecycling it as scrap metal. See 57 FR990.

In providing this example, the Agencywas not stating that discarded stainlesssteel artifacts are hazardous wastes,and in fact has no information indicatingthat such materials, much lessdemolition debris containing small bitsof stainless steel, would exhibit acharacteristic. Although it may beworthwhile (for environmental andeconomic reasons) to remove metalartifacts for recycling rather thandestroying them when demolitionoccurs, today's rule does not mandateany such conduct.

8. Relationship of the TSCA PCB Rulesto Today's Rule

As proposed, the final rule requiresthat hazardous debris that is also awaste PCB under 40 CFR part 761 mustcomply with both the applicable PCBrequirements and today's debristreatment standards, by satisfying themore stringent applicable requirements.

The treatment standards forhazardous debris also apply to debriscontaminated with both PCBs andRCRA hazardous wastes. See§ 268.45(a)(5). This is consistent with theapproach taken in the third third finalrule. See 55 FR 22678 (June 1, 1990).Debris treated to today's performancestandards by an extraction ordestruction technology (and that doesnot exhibit a hazardous characteristic)remains subject only to TSCA rulesbecause it is excluded from subtitle Cregulation, whereas debris treated by animmobilization technology remainssubject to applicable requirementsunder both statutes.

Under the Toxic Substances ControlAct (TSCA), disposal of debriscontaminated with PCBs is regulatedunder 40 CFR 761.60. In addition.disposal of debris and materialsresulting from the cleanup of certainPCB spills is subject to the PCB SpillCleanup Policy, as provided under 40CFR 761.125.

9. Relationship of Existing AgencyStandards for Asbestos to Today's Rule

As proposed, the Agency is todayrequiring that the treatment standardsfor hazardous debris also apply todebris subject to standards for asbestos

37237




under OSHA, TSCA, and NESHAPs. 4 4

EPA acknowledges that many of thetreatment technologies specified intoday's rule for hazardous debris wouldnot be practicable for asbestos debrisbecause of the potential for occupationalexposure or environmental release ofasbestos. However, the Agency believesthat several technologies could be usedto treat hazardous debris in compliancewith the applicable OSHA, NESHAPs,and TSCA by using filtration devices onair and water emissions to controlasbestos-water washing and spraying;liquid phase solvent extraction; vaporphase solvent extraction;biodegradation; chemical oxidation;chemical reduction; andmacroencapsulation.

The Agency considered the argumentmade by several commenters thatasbestos-contaminated hazardousdebris and hazardous debriscontaminated with asbestos should bemanaged according to existing EPA andOSHA regulations (i.e., bagging) andplacing the bagged material in a subtitleC facility. The Agency agrees with thecommenters that, if bagging meets theperformance standard formacroencapsulation, such debris maythen be disposed of in a subtitle Cfacility.

10. Special Requirements forRadioactive Debris

The Agency is today requiring thathazardous debris that is subject toregulations under the Atomic Energy Act(AEA) because of its radioactivity (i.e.,mixed waste) is also subject to today'sdebris treatment standards.4 This isconsistent with the Agency's regulationof the waste that is confaminating thedebris-if a prohibited waste is also amixed waste, it is nonetheless subject tothe treatment standards for the waste.

Commenters expressed concern thatthe treatment of certain radioactivemixed waste debris may pose anunreasonable risk to human health andthe environment due to the radiologicalnature of the waste. The Agencyunderstands commenters' concerns butbelieves that there is sufficientflexibility in the debris treatmentstandards to enable generators ortreaters to select a technology that will

44 For a summary of OSHA, TSCA, and NESHAPcontrols on asbestos, see the proposed rule at 57 FR993-994.

45 We note that the Agency has establishedtreatment standards in J 268.42 for several types ofradioactive wastes (e.8.. D008: Radioactive leadsolids subcategory) that may be generated inparticle sizes greater than 60 mm, the minimum sizelimit for debris. Nonetheless, such wastes areexcluded from the definition of debris (see§ 268.2(g)) and are subject to the waste-specifictreatment standards.

effectively treat the hazardouscontaminants without posing anunreasonable risk to human health andthe environment because of theradiological nature of the waste.

11. Documentation of Compliance Withthe Treatment Standards

When hazardous debris is treated totoday's treatment standards, treatersmust comply with the applicable residueanalysis, notification, certification, andrecordkeeping and requirements ofrevised § 268.7. In today's rule, theAgency has revised several paragraphsin § 268.7 and added one paragraph toaccommodate hazardous debris.

Paragraph (a)(1) is revised to requiregenerators who ship their hazardousdebris to a storage or treatment facilityto provide a notice that includes theinformation already required forrestricted wastes as well as a listing ofthe contaminants subject to treatment.This will assist the treater indetermining which treatment technologyis appropriate for the debris. In addition,the notice must inform the treater thatthe debris is subject to (i.e., eligible for)the alternative treatment standards ofTable 1; § 268.45.

Paragraph (a)(2) is revised to exemptgenerators of hazardous debris whoobtain a determination from the Agencythat the debris does not containhazardous waste (see § 261.3(e)(2]) fromthe notification requirements of thatparagraph for facilities receiving theshipment. Given that such debris is nolonger hazardous waste, the notificationrequirement is not necessary.

Paragraph (a)(3) is revised to requiregenerators whose restricted hazardousdebris is not yet prohibited debris(because of, for example, the capacityvariance discussed in section V.Gbelow) to provide a notice that includesthe information already required forrestricted wastes as well as a listing ofthe contaminants subject to treatmentand a statement that the debris issubject to (i.e., eligible for) thealternative treatment standards of Table1, § 268.45. See discussion above for therationale for requiring that thisadditional information be submitted tothe receiving facility.

Paragraph (a)(4) is revised to exemptgenerators who treat their debris by oneof the technologies specified in Table 1,§ 268.45, from the wate analysisrequirements of that paragraph. Asdiscussed elsewhere in today's notice,the debris treatment standards aretechnology-specified standards ratherthan numerical concentration standards.Thus, analysis of the debris is generallynot necessary (except to determine

where knowledge about the debris is notavailable whether the debris exhibits acharacteristic of hazardous waste).

Paragraph (b)(4) is revised to exemptfacilities that treat hazardous debris sothat it is excluded from the definition ofhazardous waste under § 261.3(e) (i.e.,debris treated by an extraction ordestruction technology provided byTable 1, § 268.45, and debris that theAgency has determined does not containhazardous waste) from the notificationrequirements of that paragraph.Paragraph (b)(4 requires treaters ofprohibited waste to notify the landdisposal facility receiving each shipmentof waste of information including thetreatment standards applicable to thewaste. We revised this requirementbecause notification of receivingfacilities is not necessary for debris thatis excluded from subtitle C regulation.We note, however, that treaters ofexcluded debris are subject to the newnotification (to EPA) and certificationrequirements provided by paragraph (d),as discussed below.

Paragraph (b)(5) is revised to exemptfacilities that treat hazardous debris sothat it is excluded from the definition ofhazardous waste under § 261.3(e) fromthe certification requirements of thatparagraph. Such facilities are subject tothe new certification requirements,however, provided by paragraph (d). asdiscussed below.

Finally, paragraph (d) is added tosubject generators and treaters who firstclaim that their debris is excluded fromthe definition of hazardous waste under§ 261.3(e) to notification andcertification requirements. Suchgenerators and treaters are required tosubmit to EPA a one-time noticeidentifying the name and address of thesubtitle D facility receiving the excludeddebris, a description of the debris beforetreatment (i.e., as-generated), and, if thedebris is excluded because it wastreated by an extraction or destructiontechnology specified in Table 1, § 268.45(i.e., it is not excluded as a result of acontained-in determination), thetreatment technology used. The Agencywill use this information for enforcementpurposes' Not only will the notificationidentify those facilities that claim thathazardous debris is excluded fromregulation, but the information on thetype of debris treated and thetechnology used will enable the Agencyto establish a priority for inspectionstaking into account how difficult it maybe to treat the debris to the performanceand design and operating standardswith the selected technology.

In addition, for debris treated by atechnology specified in Table 1, § 268 45



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(i.e., debris not excluded as a result of acontained-in determination), the treatermust document and certify compliancewith the treatment standards specifiedin Table 1. The rule requires the treaterto record in the facility's files allinspections, evaluations, and analyses(e.g., determinations that a physicalextraction technology has removed atleast 0.6 cm of the debris surface andthat the debris is treated to a "cleandebris surface") of the treated debristhat the treater made to determinecompliance with the standards, as wellas any data or information pertaining tokey operating parameters the treatermay have generated during treatment ofthe debris (e.g., exit gas temperature andfeed rate, of a thermal desorber). Therule also requires the treater to place acertification in the facility's files foreach shipment of excluded debris thatthe debris has been treated inaccordance with the standards specifiedin Table 1. These requirements willenable the Agency to enforce the debristreatment standards.

D. Exclusion of Hazardous Debris FromSubtitle C Regulation

Under today's rule, hazardous debrismay be excluded from subtitle Cregulation either by: (1) the Agency'sdetermination that the debris no longercontains hazardous waste (i.e., thecontained-in policy discussed in sectionV.B.2) as provided by new § 261.3(e) (2);or (2) by compliance with the debristreatment standards for extraction ordestruction technologies for exclusionfrom subtitle C provided in Table I of§ 258.45 (and provided the debris doesnot exhibit a hazardous characteristicafter treatment). The basis for excludingdebris determined to no longer containhazardous waste is discussed above insection V.1.2. We discuss here the basisfor excluding from subtitle C regulationdebris that is treated to meet today'sperformance standards requisite to suchexclusion.

1. Basis for Excluding Debris Treated byExtraction or Destruction Technologiesand That Is Not Characteristic

Debris treated by a prescribedextraction or destruction technology andthat does not exhibit a hazardouscharacteristic is excluded from subtitleC regulation. As discussed in sectionV.C.5 above, the Agency has givencareful consideration as to whether eachdebris/contaminant type would beeffectively treated by each BDATtechnology to levels that presentminimum risk (i.e., would no longer posea hazard to human health or theenvironment). The Agency believes thatdebris treated to those standards would

pose minimum risk for a number ofreasons. First, the Agency has deletedtwo technologies (i.e.. electropolishingand ultraviolet radiation) from theproposed list of BDAT technologiesbecause they are not likely to provideeffective treatment. Second, the finalrule requires separation of nonemptyintact containers of hazardous wastefrom debris for treatment to the waste-specific treatment standards. Thus,containerized waste that is readilyamenable to separation from debris byequipment operators in the field andthat may have high concentratiorns oftoxic constituents will be subject toconcentration-based, waste-specifictreatment standards rather than to thedebris standards. Third, the final ruleraises the particle size used to definedebris from 9.5 mm to 60 mm andapplies the size limit to all debris, notjust geologic matter. Thus, materials thatshould be amenable to treatmentmethods for process waste are subjectto the waste-specific treatmentstandards rather than to the debrisstandards. Fourth, the final rulespecifically excludes process waste ofany particle size (e.g., slag) from thedefinition of debris. Thus, processwastes with potentially highconcentrations of hazardousconstituents will be subject to thewaste-specific treatment standardsrather than to the debris standards.

Most important, the performance anddesign and operating standards that therule establishes for exclusion of treateddebris from subtitle C are rigorousstandards. Examples are therequirements that physical extractiontechnologies treat metal to a "cleanmetal finish" and other debris surfacesto a "clean debris surface". A minimumof 0.6 cm of the surface layer of porousdebris must be removed as well.Another example is the maximumthickness standard for porous debristhat is to be treated by chemicalextraction.

For several technologies, the Agencywas concerned that the performanceand design and operating standards maynot ensure treatment to minimum risklevels. Consequently for thesetechnologies-thermal desorption,biodegradation, chemical oxidation andreduction and thermal destruction ofdebris contaminated with dioxin-listedwasted 46-treated debris would beexcluded only after the treatersuccessfully makes an equivalenttechnology demonstration to the Agencyunder § 268.42(b) documenting that the

4 Note that the standards provide other

restrictions for debris contaminated with dioxin-listed waste.

technology treats a particular type ofdebris/contaminant combination aseffectively as the other BDATtechnologies to residual levels ofhazardous contaminants that would notpose a hazard to human health and theenvironment absent managementcontrols.

Finally, the rule requires separation ofthe treated debris from all treatmentresidues, including soil, waste, or othernondebris material that could remainadhered to the debris surface. This wilensure that metal contaminants in theresidue will not continue to contaminatethe treated debris and that any waste orcontaminated soil in a primarily debrismixture as it was generated is separatedfrom the treated debris prior toexclusion from subtitle C.

The philosophy underlying thisapproach is similar to that contained inprinciple: It is not normally the debrisitself that is hazardous, but ratherhazardous waste that is contaminatingthe debris. Thus, the goal of treatmentshould be to destroy or remove thecontamination (if possible) and if this isachieved, to dispose of the cleaneddebris as a nonhazardous waste. Theremoved residues from this treatmentcontain the contamination, and mustmeet numerical concentration levelsbefore they can be land disposed.

Not only are the treatment methodsdeveloped to achieve this objective, butthe various separation requirements(both before and after treatment) forcingremoval of all nondebris materials suchas soil and other wastes, and thedefinition of debris itself (which limitsthe debris classification to materialsmost amenable to the treatmentmethods, and classifies materials mostamenable to meaningful sampling asnondebris subject to numericaltreatment standards) are intended toachieve the same goal. As discussedabove, the debris treatment standardsare written wherever possible asperformance standards to ensure thatcontamination is in fact removed fTomthe debris. In addition, the rule specifieswhich contaminants are unsuitable forcertain of the treatment methods. Inshort., the Agency believes thattreatment of contaminated debris by themethods established here will result inclean debris which may then be landdisposed, and should also no longer beregulated as a hazardous waste.

EPA notes, however, that the notion ofexcluding wastes from subtitle Cregulation without sampling forhazardous constituent concentrationlevels is potentially at odds with manyof the approaches recently proposed forpublic comment in the Hazardous Waste




Identification Rule (HWIR). See 57 FR(May 20, 1992). In that rule, the Agencyasked for comment on means ofidentifying and excluding hazardouswastes from subtitle C regulation thatpotentially take into account presence ofa majority of the hazardous constituentslisted in appendix VIII of part 261. Ifthese approaches are adopted, theycould provide a principled means ofevaluating wastes heretofore excludedfrom subtitle C regulation withoutrequiring analysis of hazardousconstituent concentrations, such as thedebris being excluded in today's rule, orresidues from "empty containers"discussed above in Section V.B.2. EPAexpects that hazardous constituentlevels in debris treated by the methodsadopted today will be consistent withlevels resulting from the May 20proposal, and in addition, for manytypes of treated debris there remaindifficulties in obtaining representativesamples necessary to make hazardouswaste identification and listingdeterminations, and for this reason isfinalizing the rule today rather thandelaying action pending the results ofthe May 20 rulemaking. Nevertheless,the Agency believes it an appropriateissue for comment in the HWIRrulemaking the extent to which thosestandards should be used to replaceexclusions from the definition ofhazardous waste that are establishedwithout requiring analysis of hazardousconstituent levels in the excluded waste.

2. Rationale for Continued Subtitle CRegulation of Debris Treated byImmobilization

Debris treated by an immobilizationtechnology would remain subject tosubtitle C regulation. EPA currently hasinsufficient data to demonstrategenerically that debris which can becontaminated with both organic andinorganic constituents would benonhazardous when treated by any ofthe immobilization technologies. Untilthe Agency gathers further data, EPA Isconcerned that, absent subsequentsubtitle C management, hazardouscontaminants may migrate from certainimmobilized debris at levels that couldpose a hazard to human health and theenvironment. Thus, EPA believes itinappropriate to promulgate a self-implementing exclusion at this time.Nonetheless, in the Phase II landdisposal restrictions rule, the Agencywill reopen and request comment on theissue of whether immobilized debrisshould be excluded from subtitle Cregulation. The Agenc5 plans toinvestigate this issue further and willpublish in the Phase II proposed rule anyinformation or data that are available.

In addition, the Agency will specificallyexplore the potential of using the TCLP,and if so, under what circumstances, indetermining whether immobilizedhazardous debris should be excludedfrom subtitle C control. To assist theAgency in this effort, we ask for data onthe performance of specificimmobilization technologies and short-or long-term leachibility studies. Basedon past experiences, the Agency hasfound that uncertainty over the technicalperformance of immobilizationprecludes a general exemption fromsubtitle C for all types of immobilizedhazardous debris. However, the Agencywill continue to evaluate all availableand new information about theperformance of immobilizationtechnologies which could limit thetechnical uncertainty. To the extent thatsufficient information that meets properquality assurance/quality controlprocedures is available, the Agencyplans to propose in the Phase II LDR rulean exclusion from subtitle C for thoseimmobilized hazardous debris.

E. Regulation of Treatment Residuals

1. OverviewIn this section, we discuss: (1) The

rationale for subjecting treatmentresidues to the waste-specific treatmentstandards for the waste contaminatingthe debris; (2) separation of treateddebris from treatment residue; (3)special requirements for debris treatedby spalling; (4) special requirements forresidue from the treatment of debriscontaminated with cyanide reactivewaste; and (5) special requirements forignitable wastewater residue.

2. Treatment Residues Are Subject tothe Waste-Specific Treatment Standardsfor the Waste Contaminating the Debris

Residuals from the treatment ofhazardous debris are subject to thewaste-specific treatment standards forthe waste contaminating the debris. Theresidual must be treated to thosestandards for all BDAT constituentsspecified in § § 268.41, 268.42 and 268.43for the waste.

The Agency had proposed to requiretreatment of nonsoil residuals to themulti-source leachate F039 levels andsoil residuals to the waste-specifictreatment standards for the wastecontaminating the debris. Based onpublic comment and the Agency's re-evaluation of this issue, the Agency haddetermined that it is more appropriate tosubject all treatment residues-soil,wastewater, and nonwastewater-to thewaste-specific treatment standards forthe waste contaminating the debris for anumber of reasons. First, the waste-

specific treatment standards currentlyapply to treatment residuals, and theAgency does not know of a compellingreason to change that position. Second.requiring compliance with the waste-specific treatment standards rather thanthe F039 standards may be somewhateasier to understand and implementbecause the treatment standards for theBDAT constituents in the residue can bedetermined at the same time that theBDAT constituents are identified ascontaminants subject to treatment (i.e..the contaminants subject to treatment inthe contaminated debris are the samecontaminants that must be treated intreatment residuals). Third, the Agencyis considering simplifying and revisingthe treatment standards for allprohibited waste to "universalstandards" in the Phase II proposed landdisposal restrictions rule.

Several commenters suggested thatthe thermal destruction process ofvitrification should be consideredimmobilization of debris. Thus,commenters argued that such vitrifieddebris could be land disposed undersubtitle C without being subject to thewaste-specific treatment standards forthe waste contaminating the debris. TheAgency disagrees with this view.Vitrification is a type of thermaldestruction that produces a residue thatis vitrified. Thus, the vitrified residue issubject to the same treatment standardsas any debris treatment residue-thewaste-specific standards for the wastecontaminating the debris. This isconsistent with the Agency's positionthat slag from high temperature metalsrecovery is residue, not debris, subjectto the waste-specific treatmentstandards.

3. Treated Debris Mixed With TreatmeulResidue Is Subject to Regulation asResidue

As discussed above in section V.C.5,treatment residues generally containhigh levels of toxic contaminantsremoved from the debris. Examples areresidue from thermal desorption orincineration of debris contaminatedwith metal-bearing waste, and residuefrom water washing of debris. Asdiscussed below, treatment residualsare subject to the waste-specifictreatment standards for the wastecontaminating the debris. Thus, toensure that treatment residuals aretreated effectively before land disposaland to ensure that treated debris is notcontaminated with the treatmentresidue, the treatment standards requirethat the treated debris must beseparated from the treatment residue. Ifthe debris is not separated from the



Federal Register / Vol. 57, No. 160 / Tuesday, August 18. 1992 / Rules and Regulations

treatment residue, it remains aprohibited waste and may not be landdisposed. It also remains subject to allother subtitle C standards.

The Agency defines treatmentresiduals as residuals such as biomassfrom biodegradation and ash fromincineration as well as soil, waste, orother nondebris material that mayremain adhered to the treated debris.We note further that slag from a hightemperature metals recovery furnaceand vitrified residue from a thermaldestruction unit are treatment residuesrather than debris. In both cases, theoriginal debris no longer exists and theresiduals from soil or wastecontaminating the debris are integralcomponents of the slag and vitrifiedresidue.

Separation of the treated debris fromtreatment residuals must beaccomplished using simple physical ormechanical means such as vibratory ortrommel screens or water washing. Theseparation process need not produce a"clean debris surface" 47 as discussedabove, however; rather the debrissurface must be free of caked residualsor nondebris materials such as soil orwaste. For example, thermal desorptiondebris need not be water washed aftertrommel screening to remove dust fromresiduals or nondebris material. (Notethat the use of water washing toseparate thermally desorbed debris fromresiduals and nondebris materials neednot comply with the treatment standardsfor water washing (e.g., treatment to a"clean debris surface") because thedebris has already been treated by analternative technology.)

4. Special Requirements for DebrisTreated by Spalling

As proposed and as discussed inSection V.C.5, debris removed byspalling remains debris subject to thedebris treatment standards. Debrissurfaces removed by spalling are, bydefinition of the technology, large piecesof debris. The Agency believes that suchpieces of spalled debris are more debris-like than waste or residual-like and aremore amenable to treatment by thedebris treatment standards than thewaste-specific treatment standards.

4 "'Clean debris surface" means the surface,when viewed without magnification, shall be free ofall visible contaminated soil and hazardous waste,except that residual staining consisting of lightshadows, alight streaks, or minor discoloretions.and soil and waste in cracks, crevices, and pits maybe present provided that such staining and soil andwaste in cracks. crevices. and pits shall be limitedto no more than 5% of each square inch of surfacearea.

5. Special Requirements for ResidueFrom the Treatment of Debris That IsCyanide-Reactive

As proposed, the final rule requiresthat residues from the treatment ofdebris that is reactive because ofcyanide is subject to the waste-specifictreatment standards for cyanide under§ 268.43. As with cyanide-reactivewaste, EPA believes that BDAT forcyanide-reactive debris requirestreatment of cyanide because of itstoxicity.

6. Special Requirements for IgnitableNonwastewater Residue

As proposed, the final rule requiresthat ignitable nonwastewater residuecontaining greater than or equal to 10%total organic carbon be subject to thetechnology-based standards for Doo:"Ignitable Liquids based on 261.21(a)(1)"under § 268.42. This residue must betreated by fuel substitution (i.e., burningas fuel in a boiler or industrial furnace),recovery of organic constituents (e.g.,distillation, carbon adsorption), orincineration. EPA has established thesetechnologies as BDAT for high totalorganic carbon ignitable liquids becausethey will effectively remove or destroythe toxic organic constituents.

F. Permit Requirements for TreatmentFacilities

Treatment of hazardous debris(except as discussed below for g0-dayon-site treatment in a container, tank, orcontainment building) is. currentlysubject to the applicable interim statusand permit standards of parts 264, 265,266, and 270 that ensure protection ofhuman health and the environment fromthe operation of the treatment unit. (Wenote that, for containment buildings,interim status and permit standards andrequirements for 90-day on-sitetreatment are promulgated in today'srule as discussed elsewhere in thisnotice.) Today's debris treatmentstandards to implement the landdisposal restrictions of section 3004(m)of the statute do not affect those existingfacility standards. For example, today'streatment standards do not reopeninterim status eligibility for debristreatment facilities. (We note, however,that today's rule does establish theinterim status eligibility date forcontainment buildings given that theseunits are newly regulated by this rule,assuming that such buildings are locatedat facilities containing no otherregulated units.) Rather, today's debristreatment standards subject generatorsand treaters to additional requirementsto ensure effective treatment ofhazardous debris prior to exclusion from

subtitle C (for debris treated by anextraction or destruction technology andthat does not exhibit a hazardouscharacteristic) or land disposal in asubtitle C facility (for debris treated byan immobilization technology).

As information for the reader, we notethat the existing facility standards forthe following common debris treatmentoperations (other than for 90-day on-sitetreatment in a container, tank, orcontainment building) are:

• Debris treatment technologiesconducted in tanks such as highpressure steam and water spraying,chemical extraction, and biodegradationare subject to the standards for tankfacilities in subpart I of part 264 (permitstandards) and part 285 (interim statusstandards).

* Storage or treatment in containmentbuildings is subject to the subpart DD,parts 264 and 265, standards alsopromulgated today (see discussionelsewhere in today's notice).

* Physical extraction technologiessuch as abrasive blasting or spallingused to treat debris in place but that isintended for discard (e.g., treatment of acontaminated building prior todemolition) are subject to the permitstandards of subpart X, part 264 formiscellaneous units or the interim statusstandards for chemical, physical, orbiological treatment in subpart Q, part265.

e Incinerators are subject to subpart0, part 264 (permit standards) and part265 (interim status standards).

* High temperature metal recoveryfurnaces are conditionally exempt fromthe rules for boilers and industrialfurnaces burning hazardous waste insubpart H, part 206.

- Thermal desorbers are subjecteither to the incinerator or thermaltreatment standards, depending onwhether the unit meets the incineratordefinition. Thermal treatment units aresubject to subpart X, part 264 (permitstandards for miscellaneous units) andsubpart P, part 265 (interim statusstandards).1. Adding Capacity for Debris Treatmentto Existing Facilities

Today's rule amends the permit andinterim status standards of part 270. asproposed, to facilitate the expansion ofexisting debris treatment capacity andthe addition of new debris treatmentcapacity at existing facilities currentlysubject either to permit or interim statusstandards for managing hazardouswaste. However, if an owner or operatorof a facility that is not currently-managing hazardous waste under thepermit or interim status standards wants

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to construct a debris treatment facility.he must first obtain a RCRA permit.

a. Facilities With a RCA Permit.Facilities with a RCRA permit may addnew treatment processes and additionalcapacity by applying for a permitmodification under § 270.42. See 53 FR37912 (Sept. 28, 1988). Althoughregulations at § 270.42 werepromulgated under pre-HSWAauthority, EPA may use theseregulations in authorized States whennecessary to implement HSWAprovisions such as the land disposalrestrictions. See 53 FR 37933.

The types of modifications needed toadd new capacity or processes wouldlikely require submittal of a Class 2 or 3modification. The Class 2 modificationprocess requires Agency action on therequest within 120 days. This actionwould consist of approval or denial,reclassification as a Class 3modification, or authorization toconduct activities (in containers, tanks.and containment buildings, as discussedbelow) for up to 180 days pendingAgency action. Further, for Class 2modifications, construction toimplement the requested facility changemay commence 60 days after submissionof the request. There is no deadline forAgency action for Class 3 modifications,which apply to more substantialchanges.

Permitted facilities may apply underexisting § 270.42(e)(3)(ii){B) for atemporary authorization to initiatenecessary activities to treat or storerestricted wastes (e.g., hazardousdebris) in tanks or containers while aClass 2 or 3 permit modification isundergoing review, or to undertake atreatment or storage activity which willbe of short duration (e.g.,decontamination of a building intendedfor demolition). Today's rule revises thatsection to enable the Agency also togrant a temporary authorization forcontainment buildings meeting therequirements promulgated today insubpart DD of parts 264 and 265.

Any request for a temporaryauthorization must demonstratecompliance with the part 264 standardsand also meet the criteria of § 270.42(e)for approval. Interested members of thepublic (i.e., those that have previouslyexpressed interest in any permittingaction for the facility) will receive noticeby mail of a facility's request for atemporary authorization. The temporaryauthorization may be renewed once ifthe additional procedures of § 270.42(e)are followed, including submission ofappropriate permit modificationinformation and the initiation of publicmeetings and public comment period.See 53 FR 37919.

b. Facilities Operating Under InterimStatus. Facilities managing hazardouswaste under interim status may add newtreatment processes or additionaltreatment or storage capacity by usingthe existing procedures for changesduring interim status in § 270.72. Underthese procedures, a facility must submitto EPA a revised Part A permitapplication and justification explainingthe need for the change. The changemust then be approved by EPA.

Such changes must meet one ofseveral criteria specified in § 270.72,such as being necessary to comply witha Federal, State, or local requirement.However, changes generally may not bemade if they amount to reconstruction ofthe facility. The Agency considers thefacility to be "reconstructed" if thecapital investment for the changes to thefacility exceed 50% of the capital cost ofa comparable entirely new facility.

Existing § 270.72(b)(6) lifted thereconstruction limit for changes to treator store in tanks and containershazardous waste subject to landdisposal restrictions imposed by part268, provided that such changes aremade solely for the purpose ofcomplying with part 268 land disposalrestrictions. Today's rule revises thatparagraph to lift the reconstruction limitfor containment buildings as well. Seethe the new subpart DD, part 264 and265, standards for containment buildingsthat are also promulgated today.

2. On-Site Treatment of Debris inContainers, Tanks, and ContainmentBuildings

Existing § 262.34 exempts from permitrequirements generators who store ortreat hazardous debris on-site in tanksor containers for a period not exceeding90 days provided that the tank orcontainer is designed and operated incompliance with subpart I (forcontainers) and subpart J (for tanks) ofpart 265. Today's rule revises § 262.34,as proposed, to also provide thisexemption to containment buildingsdesigned and operated in compliancewith the subpart DD, part 265, standardsalso promulgated today.

G. Capacity Variance for HazardousDebris

In the May 15, 1992, Notice toApprove Hazardous Debris Case-By-Case Capacity Variance, the Agencyapproved a generic, one year extensionof the LDR effective date applicable toall persons managing hazardous debris(57 FR 20766). For the purpose of theextension, the term "debris" wasdefined as set out in the preamble to theJune 1, 1990 Third Third final rule. See55 FR 22650 and § 268.2(g). Furthermore,

the Agency indicated that it will explainin the debris rule how a change indefinition will affect the case-by-caseextensions.

Although in general, both definitionswill identify the same materials asdebris, there are differences that mayresult in situations where eitherdefinition could include debris notincluded by the other. Of concern is thesituation where someone has enteredinto contracts for, or actually initiatedthe process of, removing for disposaldebris which met the old definition butdoes not meet the current definition. Toavoid possible disruption of on-goingactivities, which have relied on theprevious definition of debris, the Agencywill allow the extension to apply tomaterials meeting either definitionthrough May 8, 1993.

H. Other Issues

1. Applicability of Standards toContaminated Structures and Equipment

a. Structures and EquipmentContaminated With Hazardous Wasteand Intended for Discard Are RegulatedDebris. As discussed above in sectionV.B.i.a of the preamble, structures andequipment contaminated withhazardous waste and that are intendedfor discard are hazardous debris subjectto today's treatment standards. Thus, ifa contaminated tank or building isdecontaminated before demolition, thedebris may not be land disposed unlessthe tank or building wasdecontaminated in compliance withtoday's treatment standards. (We notethat, as discussed above in section F.2,such treatment is subject to the permitstandards unless conducted in a tank,container, or containment building.)

If the contaminated structure orequipment is being decontaminated forsubsequent use, however, the structureor equipment is not debris and thedecontamination is neither subject totoday's debris treatment standards northe permit standards for hazardouswaste management facilities. Thus,cleaning a building that is in use is nottreatment of debris.

b. Treatment Standards for ConcretePads and Walls Intended for Discard.The Agency believes that concrete padsand walls are typically decontaminatedusing "water washing" techniques.These techniques include the followingtechnologies specified in today's rule:Abrasive blasting using water to propelabrasive media, high pressure steam orwater sprays, and water washing andspraying.

We note that the performancestandards for abrasive blasting and high




pressure water sprays require removalof 0.6 cm of the surface because theseare physical extraction technologiesdesigned to remove the surface layer ofthe debris. The performance standardsfor water washing and spraying limitsthe thickness of the concrete to 3/8 inchbecause this technology relies onchemical extraction (i.e., dissolving orremoving with surfactants) ofcontaminants below the concretesurface. If the treater believes thattreatment to these performancestandards is not necessary to ensureeffective treatment to residual levels ofhazardous constituents that will notpose a hazard to human health and theenvironment absent managementcontrols, the treater may: (1) Obtain awaiver of the standards (e.g., thethickness limit for water washing] underan equivalent technology demonstrationunder § 268.42(b); or (2) demonstrate tothe Agency that the debris uponalternative treatment does not containtoxic constituents under the contained-in principle codified in today's rule. Seediscussion in section V.B.2.b above.

c. Relation of Debris Standards toClosure Rules. Existing closurestandards for hazardous wastemanagement facilities require"decontamination" of contaminatedstructures and equipment. See, e.g.,§ § 264.114 and 265.114. The precisemeaning of decontamination presently isdetermined on a case-by-case basisthrough review of the facility's closureplan. However, if such structures orequipment is also debris which is goingto be land disposed, which could oftenbe the case, an issue arises regardingthe relationship of the"decontamination" standard in theclosure rule and the treatment methodsadopted in today's rule.

The Agency believes that thetreatment methods in today's rule wouldalways satisfy the decontaminationstandard in the' closure provisions. Afterall, the purpose of these treatmentmethods is to decontaminate. EPA alsointerprets the land disposal and closurerules to require that all hazardous debrisbe treated to meet the debris treatmentstandards, even if the debris isgenerated during closure. (Put anotherway, the debris standards normallywould be appropriate for any debrisgenerated as a result of closure.)

If the debris treatment standardsappear to be inappropriate for debris(such as contaminated structures orequipment) generated during closure, asite-specific treatability variancepursuant to § 268.44(h) may beavailable. The Agency believes thatsuch a variance could be processed

administratively as part of the closureprocedures.

2. Mixing of Hazardous Waste orContaminated Soil With Debris ToAvoid the Waste-Specific TreatmentStandards Is Prohibited

Today's rule prohibits the intentionalmixing of hazardous waste orcontaminated soil with debris to avoidthe concentration-based treatmentstandards for the waste or soil. TheAgency is prohibiting such sham mixingto ensure that hazardous waste andcontaminated soil are treated to theexisting treatment standards given thatthe wasie 48 is amenable to treatment tothose levels and that the waste and soilare likely to be much more heavilycontaminated with hazardousconstituents than debris and, thus,should be subject to such concentration-based treatment levels.

The prohibition on mixing applies todebris treated by any technology:Immobilization as well as extraction ordestruction. Although the debristreatment standards require separationof the waste or contaminated soil fromdebris treated by an extraction ordestruction technology and that theresidue must meet the waste-specifictreatment standards for the wastecontaminating the debris, the treatmentprocess itself could enable the residue tomeet the concentration-based wastetreatment standards by virtue of dilutionduring treatment. An example is waterwashing of debris intentionally mixedwith a prohibited listed waste. Thewater residue may easily meet thewaste-specific treatment standard byvirtue of dilution rather than treatment.

We note that this prohibition on shammixing does not affect implementationof the principle discussed above insection V.B.1 to classifying mixtures ofdebris with contaminated soil or wasteas debris. That principle says that ifdebris is the primary material in amixture by volume based on visualobservation, the mixture is subject toregulation as debris. Thus, for example,when debris is initially excavated in amixture of debris and nondebrismaterials, and debris is the primarymaterial present, the mixture isappropriately regulated as debris andsham mixing has not occurred.However, if debris is intentionallymixed with contaminated soil orhazardous waste (e.g., after excavation),and the mixture is regulated as debris

48 We note that the Agency is concerned that thewaste treatment standards may not be appropriatefor soil contaminated with the waste and,consequently is considering proposing in summer1992 treatment standards for contaminated soil.

by the application of the mixtureprinciple and subsequently immobilized,prohibited sham mixing has occurred.

3. Procedures for DemonstratingEquivalency of Alternative Technologies

As discussed at proposal, existing§ 268.43(b) provides the generator ortreate.r an opportunity to demonstrate tothe Agency than an alternativetechnology can achieve the equivalentlevel of performance as that of thespecified treatment method. We notethat this variance procedure can also beused to demonstrate that one of thetechnologies specified in today's rulecan be designed or operated underconditions other than those establishedin Table 1, § 268.45, to provideequivalent treatment (i.e., meet theperformance standard for thetechnology) or that a specifiedtechnology can treat hazardouscontaminants to levels that do not posea hazard to human health and theenvironment absent subtitle C controlwithout achieving the performance anddesign and operating standardsestablished in Table 1.

In addition, the Agency is requiring inthe treatment standards of Table 1,§ 268.45, that treaters must make anEquivalency Demonstration under§ 268.43(b) in order for certaintechnologies to be considered BDAT.See discussion above for thermaldesorption, biodegradation, andchemical destruction.

VI. Capacity Determinations

This section presents the datasources, methodology, and results ofEPA's capacity analysis for today'snewly listed wastes. Specifically,section VI summarizes the results of thecapacity analysis for petroleum refiningwastes and other organic wastes;wastes mixed with radioactivecontaminants; and debris contaminatedwith the newly listed wastes. Soil anddebris contaminated with newly listedwastes for which standards are finalizedtoday will be addressed in futureproposals.

The capacity analysis for the newlylisted wastes for which the Agency istoday promulgating treatment standardsrelied on information obtained fromseveral sources. Primary data sourcesinclude the National Survey ofHazardous Waste Treatment, Storage,Disposal, and Recycling Facilities (theTSDR Survey), the National Survey ofHazardous Waste Generators (theGenerator Survey), data received inresponse to the proposed rule (57 FR957), data received in response to theANPRM for the Newly Identified and

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37244 Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulatios

Listed Wastes (56 FR 24444), datareceived in -volutary data submissions,and information requests authorizedunder section 3007 of RCRA.

EPA conduoted the TSDR Surveyduring 1987 and 1988 to obtaincomprehensive data on the nation'scapacity for managing hazardous wasteand on the quantities of hazardouswaste being land disposed. For thecapacity analysis, EPA used the TSDRSurvey information on the quantities ofwaste streams managed in land-disposalunits and requiring alternativetreatment/recovery due to the landdisposal restrictions and on availablecapacity of hazardous wastemanagement technologies.

EPA conducted the Generator Surveyin 1987. This survey requestedinformation on waste quantities andwaste characteristics of hazardouswaste generated, and provided capacityinformation !for facilities not included inthe TSDR Survey.

A. Capacity Analysis Results Summary

Table VI.A.1 lists each waste code forwhich EPA is finalizing LDR standardstoday. Far each code, this tableindicates whether EPA is granting anational capacity variance for surface-disposed or deepwell disposed wastes.As indicated in this table, the Agency isgranting two-year national capacityvariances only for petroleum refiningwastes generated as a result ofcleanotts or closures of surfaceimpoundments, -debris contaminatedwith newly listed wastes, and mixedradioactive wastes. EPA is granting aone-year national capacity variance forroutinely-generated petroleum refiningwastes. EPA is also granting a 3-monthnational capacity variance, extendingthe effective date to November 9, 1992,for compliance with the treatmentstandards for all newly regulated wastecodes, F001-F005 revised treatmentstandards, converted wastewaterstandards that had been based onscrubber water, and the HTMR generic

exclusion standards. This extensionwould not apply to wastes with aspecified longer national capacityvariance. EPA -s delaying the effectivedate for all newly regulated waste codesbecause the Agency realizes that -evenwhere data indicate that sufficienttreatment capacity exists, it is notimmedia-tely available. Additional timemay be required to determine whatcompliance entails, redesign trackingdocuments, possibly adjust facilityoperations, and possibly segregatewastestreams which henetofore hadbeen centrally treated. EPA believesthese legitimate delays areencompassable within a short-termcapacity variance because part of thenotion of available capacfty is theability to Set wastes to the treatmentcapacity in a lawful manner. TheAgency is dating this capacity extensionfrom November 9, 2992, rather than dateof signature due to unanticipated delaysin the publication of this rule in theFederal iRegistr.

TABLE VI.A.1 .- SUMMARY OF CAPACITY VARIANCE DECISIONS FOR NEWLY LISTED WASTES

Waste codVariance for uu'feoe- Variance for deepwll-disposed waster? diaposed wast.?

F037- removed from S.I., .......................................................................................................................................................... 2-year .............................. N o.F038--removed from S.I." .......................................................................................................................................................... 2-year ............................ No.F037--m anaged in S b ............................................................................................................................................................ 2-year .............................. No.F038--meneged in S.I. ............................... : ............................................................................................................................... 2-year .............................. No.F037--Routine ............................................................................................................................................................................. 1-year ............................. No.F038- Routi-e ............................................................................................................................................................................... I-ye. ............................ No.K107 ........................................................................................................................ I .................................................................... No ................................... No.K108 .............................................................................................................................................................................................. No .................................... 4o.K109 .............................................................................................................................................................................................. No .................................... fN o.K l10 ............................................................................................................................................................................................... No .................................. fo .K ill ............................................................................................................................................................................................. No .................................. No.K(12 .............................................................................................................................................................................................. No .................................... No.Kl17 ................................................................................................................................................................................................ No .................................... 2-year.K118 ............................................................................................................................................................................................... No .................................... 2year.K123 .............................................................................................................................................................................................. No ................................... No.K124 ............................................................................................................................................................................................... No ................................... No.K125 ............................................................................................................................................................................................... No .................................... No.K126 .............................................................................................................................................................................................. No .................................... No.K131 ............................................................................................................................................................................................... No .................................... 2-ar.K132 ............................................................................................................................................................................................. No ................................... 2-year.K136 ...... .......................................................................................................................................................................... No ....................... . o.. ........... No.U328 ............................................................................................................................................................................................... No .................................... No .U353 ........................................................................................................................................................................................... 'No .................................... No.U359 ............................................................................................................................................................................................. No .................................... No.M ised Rad. .............................................................................................................................................. ......... 2-year . . . NoHazardous D s ......................................................................................................................................................................... 2-year............................. No.

F037 and F038 wastes from cleanout and closure of surface impoundments.bF037 and F038 managed in surface impoundments.

8. Available Capacity

The analysis of commercial capacityfor newly listed wastes is basedprimarily on data from fhe TSDR Surveycapacity data set, data received inresponse -to previous .LDR notices andregulations, and data received involuntary data submissions. Analysis ofdata from these sources indicates thatsufficient commercial capacity is

currently available for newly identifiedwastes requiring wastewater treatment,stabilization, and combustion of liquidswith exception of deepwell injectedK117, Kl18, (131 and K132. However,commercial :capacity for combustion ofsludges, solids, and debris is limited forsome newly identified wastes. Theanalysis of commercial combustioncapacity discussed in this sectionfocuses on F037 and F038 sludges and

solids because these wastes representthe majority of the waste volumesaffected by today's rule. Specificcapacity issues for the newly listed Kand U wastes :being regulated today arediscussed in section VI.C.2 of thispreamble. Debris is amenable to some,but not all types of sludge and solidcombustion capacity, and is discussed ingreater detail in section VW.E. TableVI.B.1 summarizes available commercial




treatment capacity for newly listedwastes.

EPA's analysis of commercialcombustion capacity for sludges andsolids has historically focused on thebroad capacity categories of liquids,sludges, and solids. Several commentersfelt that these capacity categories do notadequately represent the diversity ofcombustion systems included in eachcategory. Therefore, to improve theprecision of its combustion capacityanalysis, EPA has divided sludge/solidcombustion capacity into sevencategories. EPA's capacity analysis forfixed site commercial hazardous wasteincinerators separately addressescapacity from pumpable sludge,nonpumpable sludge, containerizedsolid, and bulk solid feed systems.EPA's capacity analysis for cement kilnsthat burn hazardous wastes as fuelseparately addresses capacity fromsludge, containerized solid, and drysolid feed systems.

EPA recognizes that this type ofcategorization is increasingly importantas the commercial combustion industrymatures and firms employ differentcombustion and fuel substitutiontechnologies (i.e., cement kilns) toaccommodate different types of wastesentering the commercial market. EPAalso recognizes that individual feedsystem capacity constraints must alsobe consistent with overall systemcapacity constraints, such as heatrelease from a kiln. The relationshipbetween overall system constraints andindividual feed system constraints iscomplicated by the fact that, within theoverall system limits, limits for one typeof feed system (e.g., containerizedsolids) may be raised by reducing theamount of another type of feed (e.g.,bulk solids). EPA emphasizes that itscapacity analysis is conducted on anational level, and that though theAgency speaks generally about whichsystems are more likely to be used fornewly identified petroleum refiningwastes, this rule does not preclude thesewastes from going through othersystems.

TABLE VI.B.1.-AVAILABLETREATMENT CAPACITY

LISTED WASTES

COMMERCIAL

FOR NEWLY

AvailableTechnology capacity

_ (Tons/year)

3iological Treatment .............................Chemical Precipitation .............................Combustion of Liquids .............................Combustion of Sludges and Solids.

Cement Kilns: Sludges .........................Cement Kilns: Containerized SolidsCement Kilns: Dry Solids .....................

188,000813,000526,000

14,00083,00024,000

TABLE VI.B.1.-AVAILABLE COMMERCIAL

TREATMENT CAPACITY FOR NEWLY

LISTED WASTES-Continued

AvailableTechnology capacity

(Tons/year)

Incineration: Pumpable Sludges ........ 51,000Incineration: Nonpumpable Sludges... 1,000Incineration: Containerized Solids . 41,000Incineration: Bulk Solids ...................... 23,000

Stabilization ............................................... 1.204,000

This section discusses EPA'sassessment of capacity in each of theseven categories, the wastecharacteristics that affect whether awaste is generally amenable to thecategory, and pretreatment processingthat is generally required. A comparisonof available and required capacity forF037 and F038 sludges and solids can befound in section VI.C.

1. Incineration Capacity

In response to the proposed rule, EPAreceived comments relating to the highdemand for incineration capacity and ageneral shortage of incinerationcapacity. However, EPA's analysis ofdetailed data from specific incineratorsrevealed that there is some commercialincineration capacity available. Onecommenter remarked that incineratorshave less capacity for high BTU wastes.EPA recognizes that the heating value ofa waste affects an incinerator'sthroughput capacity for the waste whenthe incinerator is constrained by its heatinput to the unit (e.g., if an incinerator islimited to 10 million BTU/hr, it couldeither feed 10,000 lb/hr of waste with aheating value of 1,000 BTU per pound or5,000 pounds per hour of a waste with aheating value of 2,000 BTU per pound).EPA believes that wastes with heatingvalues above about 5,000 BTU per poundwill increasingly be sent to cement kilnsfor use as fuel. This issue is particularlyimportant for bulk solid systems that aredesigned for soils, which have very lowheating values. To the extent that massthroughput limits are based on theincinerators heat release limits, usingmass throughput estimates (e.g., for bulksolids) based on large amounts of soil inthe feed mix, could overestimate themass throughput capacity for wasteswith higher heating values than soil,such as F037 and F038. For this reason,EPA has revised its capacity estimatefor certain incinerators whose estimatesin the proposed rule were based on awaste feed blend with a very lowheating value. EPA believes that asignificant portion of routinelygenerated F037 and F038, and an evenlarger portion of F037 and F038 from

surface impoundment cleanouts, willrequire incineration (as opposed tocement kiln) capacity.

EPA has identified 51,000 tons peryear of pumpable sludge capacityavailable at incinerators. Pumpablesludge systems rely on wastes withsufficient liquid content to facilitate theflow of materials. Pumpable sludgesystems use direct injection, sludgelances, positive displacement pumpsand cement pumps to feed sludges to theincinerator. EPA is aware of at least onefacility processing K048-K052 in thismanner. In general, F037 and F038 wouldhave to be reslurried, or would have tobypass dewatering at the point ofgeneration to be handled throughpumpable sludge systems. The primaryconstraints on use of this capacity forF037 and F038 are the viscosity, particlesize, ash content, and abrasiveness ofthe sludges. Therefore, EPA does notbelieve that pumpable sludge systemswill receive a large portion of thenation's F037 and F038 waste streams,because of the problems discussedabove. Additional technicaldevelopments and operationalexperience are needed to allow thesesystems to routinely handle F037 andF038 wastes. Based on EPA's experienceobserving the progress at commercialcombustion facilities, EPA believesobtaining permit modifications anddeveloping the technical and operationalexperience to routinely handle newwastes will take six to twelve months.

EPA has identified 1,000 tons per yearof nonpumpable sludge capacityavailable at incinerators. Nonpumpablesludge systems use ram feed systems tofeed sludges to the incinerator. Wastesfed in this manner are limited byextremely high or low BTU, tramp objectsize, and the presence of free liquids.The primary constraints are overallavailability, aggravated by generallyhigh maintenance requirements. Again,EPA does not believe that nonpumpablesludge systems will receive a largeportion of the nation's F037 and F038waste streams because there are few ofthem and they will require time todevelop the technical and operationalexperience needed to handle routinely-generated F037 and F038 petroleumrefining wastes.

EPA has identified 34,000 tons peryear of containerized solids capacityavailable at incinerators. Containerizedsolids systems use ram, elevator or dropfeed systems to feed metal drums andfiber packs to incinerators. Metal drumsystems generally require shredders.Wastes appropriate for this capacity arelimited by water content and high or lowBTU extremes. Utilization of this

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capacity depends on wastes beingpackaged into Arums, which istechnically feasible, but systems forpackaging petroleum refining wastes forincinerators are not widely available.Containerization capacity could beadded at generators, incinerators orintermediate processors. EPA believesobtaining storage and operating permits,as well as construction and startup ofpackaging units will take six nwnths toone year. Theefore, EPA believes thatcontainerized:solids systems will notreceive a large portion of the nation'sF037 and F0388 waste streams because ofthe time needed to bring these systemson line and operate them routinely onpetroleum xefining wastes F037 andF038.

EPA has identified 23,000 tons peryear of bulk solids capacity available atincinerators. ,Bulk solids systemsgenerally use clamnshell cranes or dropfeed systems i(possibly with shredders)to feed bulk salids into incinerators.EPA is aware of four incineratorscurrently burning petroleum refiningwastes as bulk solids. The primaryconstraints un the bulk solids systemare extremes of high and low BTU,object size, abrasiveness, the presenceof free liquids, high system maintenanceand limited number of installed systems.F037 and FiO8 would have to bedewatered in order to be amenable tothis type of capacity. The ability for bulksolids feed systems to process largequantities of wastes directly from roll-off bins makes bulk solids capacity themost suitable for petroleum refiningwastes with low to moderate BTUvalues.

Much of the nation's bulk solidsincineration capacity has come on linefairly recently and continues to facesome technical and regulatory obstacles.Two of the incinerators that providebulk solidscapacity have entered thatmarket in the past year, and another isstill modifying -its system to bring itsactual throughput capacity closer to itsdesign capacity. Historical experiencewith new commercial incinerationcapacity and -the unique technicalchallenges posed by 'bulk solids feedsystems make commissioning andmaintaining new commercial bulk solidsincineration capacity highly uncertain.Based an the uncertainty of final permitapproval, EPA revised its capacityestimatesto exclude an incineratorwhich has not yet received finalapproval to continue full operation andneeds a permit modification for F037and F08 wastes. EPA estimates it willtake six to twelve months for thisfacility to be fully operational forhandling F037 and F038 wastes. EPA

also considered the uncertainty in itsestimates of current capacity in itsvariance decision for F037 and F038wastes.

2. Cement Kiln CapacitySeveral commenters were concerned

about EPA's intention to considercement kiln combustion capacity, citingthe low BTU content of F037 and Ff038.Cement kilns generally require that theirsolid wastes contain more than 5,000 or6,000 BTU per pound. Based onavailable information, EPA estimatesthat roughly half of the routinelygenerated F037 and F038 sent off sitewill have a BTU value sufficient forcombustion in cement kilns. On theother hand, EPA believes that F037 andF038 genera ted from the removal ofhazardous wastes from surfaceimpoundments will have a lower BTUvalue and are more likely to be treatedin incinerators.

EPA has identified 14,000 tons ofsludge capacity available per year attwo cement kilns. One commenterreported that no cement kilns areaccepting sludges, but EPA is aware ofthese two. Cement kiln sludge systemsrely on slurrying wastes and feedingthem through primary fuel ports. F037and F038 would have to be reslurried, orbypass dewatering. The primaryconstraint on the use of this capacity forpetroleum refining wastes is thedifficulty of suspending large amounts ofsolids in liquid while -maintaining highBTU. However, EPA recognizes thelimitations of this capacity for petroleumrefining sludges, and believes thatcement kiln sludge capacity will notreceive a large portion of -the nationalF037 and F038 waste streams.Additional technical developments andoperational experience are needed toallow these systems to routinely handleF037 and F038 wastes. EPA believesthese changes will take six to twelvemonths.

EPA has identified 83,000 tons ofcontainerized solids capacity, primarilyat four cement kilns. Cement kilncontainerized solids systems use dropfeed systems to feed pails and bagscontaining hazardous wastes into the"cold" midsection of the kiln (thecalcining zone). Wastes packaged intobags must generally be thermally driedto a water content of 5 to 25 percent. Asis generally true for cement kilns,wastes are limited by BTU value. Theprimary constraints on the use of thiscapacity appear to be dewatering andpackaging capacity. One comnnenter isconcerned that the facilities identifiedby EPA as having containerized solidscapacity are close to 100 percentutilized. After further analysis, EPA

stands by the estimates prepared for theproposed rule. Three of the facilitiesincluded in this estimate routinelyaccept petroleum refining wastes, andas of September 1991, one was pursuinga permit modification to be able 'o burnK04B-.052 and F037 and F038. EPAbelieves that containerized svlidssystems at cement kilns will be thepreferred route for most routinelygenerated petroleum refining wastes,and has relied heavily on these systemsin its capacity analysis for F037 andF038.

Cement kilns are continuing toincrease their capacity to burnhazardous wastes, and technicaladvancements in feed systems areproducing especially significantincreases in capacity for solids.Estimated containerized solids capacityhas roughly doubled since the ThirdThird rule. Because much of theavailable capacity for F037 and F038wastes is new capacity, EPA isconcerned that additional technicaldevelopments and operationalexperience are needed to allow thesesystems to handle routinely generatedF037 and F38 wastes. Additionally,there is considerable uncertaintywhether cement kilns will continue toprovide the same capacity as theymodify their equipment and operationsto meet interim status requirements ofthe BIF rule (56 FR 7134, February 21,1991). To comply with BIF rule interimstatus requirements, cement kilns mustmeet a 20 ppm hydrocarbon emissionlimit or establish an alternative limitbased on baseline hydrocarbonemission rates when the facility is notburning hazardous wastes. Based oninformation from the cement industry,EPA believes that some cement kilnswill haw trouble meeting the 20 ppmlimit or establishing a baseline due tovariable hydrocarbon levels in their rawmaterials. If one of 'the major cementfacilities providing containerized solidscapacity is forced tocease operations, itwould cause a major disruption to thecommercial hazardous wastecombustion system, by removing asmuch as 35,000 tons per year of capacity,leaving the net available capacity closeto the amount of routinely generatedF037 and F038 that are amenable tocement kilns. As discussed in SectionVI.C., nearly half the routinely generatedF037 and F038 wastestream is notamenable to cement kilns, and there isinsufficient bulk solids capacity tohandle this quantity. Due to thesepotential problems, EPA is reluctant toset the LDR effective dates such thatlarge quantities of new wastes would be




introduced into the combustion systemsimmediately.

EPA has identified 24,000 tons of drysolids capacity available primarily attwo cement kilns. Dry solids systemsuse pneumatic systems that conveydried materials to the "hot" end of thekiln. Wastes going through this feedmechanism are generally limited bytheir BTU value, moisture content, andability to form freeflowing solidparticles. The primary constraint on theuse of this capacity for combustion ofF037 and F038 is the availability ofthermal drying capacity, which isnecessary to reduce the moisturecontent to between 5 and 25 percentwater. Commenters on the proposed rulenoted that petroleum refining sludges,even if dried, may be too "tacky" for thistype of feed system. EPA agrees thatsome F037 and F038 wastes may not beamenable to dry solids systems, andbelieves that dry solids systems will notreceive a large portion of the nation'sF037 and F038 waste streams. EPA isaware of several refineries that areusing or planning to use thermaldesorption and solvent extraction tomeet BDAT standards for P037 and F038wastes, and has accounted for existingon-site units by decreasing its estimatesof demand for commercial treatmenttechnologies. While these technologiesare not currently commerciallyavailable, EPA is aware of otherrefineries exploring the possibility ofbuilding them on-site. The one-yearnational capacity variance will allowtime for on-site development of thesetechnologies.

C. Petroleum Refining Wastes andOther Organic Wastes

This section presents the capacityanalysis for today's newly listedpetroleum refining wastes and otherorganic wastes.1. Required Capacity for PetroleumRefining Wastes (F037 and F038)

EPA is promulgating concentrationlevels as the treatment standards forwastewater and nonwastewater formsof F037 and F038. F037 and F038nonwastewater standards are based ona transfer of the existing performancedata for K048-K052 (55 FR 22520, June 1,1990). Nonwastewater treatmentstandards for F037 and F038 wastes arebased on solvent extraction andincineration for organic constituents,and stabilization for metals. EPA is alsopromulgating standards for wastewaterforms of F037 and F038 based on thestandards for multi-source leachate(F039). That is, for F037 and F038wastewaters, the standards are basedon biological treatment; or, wet air or

chemical oxidation followed by carbonadsorption for organics; and chemicalprecipitation for metals.

The capacity analysis for the P037 andF038 petroleum refining wastes wasconducted using information collectedfrom a number of data sources. Theprimary data sources include datasubmitted voluntarily from refineries,the F037 and F038 Regulatory ImpactAnalysis (RIA) for the listing of the F037and F038 wastes, the Petroleum RefineryData Base (PRDB), the TSDR Survey, theGenerator Survey, and the publiccomments submitted in response to theproposed rule [57 FR 958, January 9,1992).

The RIA was prepared by EPA in 1990in support of the listing rule for F037 andF038 wastes (55 FR 46354). The RIAincludes an industry overview andprofile of facilities affected by thelistings, an analysis of baseline wastemanagement practices, and regulatorycompliance scenarios. The PRDB isbased on a mail survey conducted byEPA in 1983 and has been updated tocontain 1985 refining information. TheTSDR Survey and Generator Surveywere discussed previously (in theintroduction to Section VI). Publiccomments submitted in response to theproposed rule present an overview ofhow industries would be affected by theland disposal restriction of newly listedF037 and F038 wastes.

EPA also used several supplementaldata sources: two reports prepared byMidwest Research Institute (MRI),which support the F037 and F038 listingand the Toxicity Characteristic [TC) ruleand which summarize sampling andanalysis data collected by EPA for 16petroleum refining facilities; no-migration petitions submitted bypetroleum refineries for land treatmentunits; and the California HazardousPetroleum Waste Data Base, whichcontains information on wastes that fitthe F037 and F038 definition.

Using the available data and theAgency's best engineering judgment,EPA estimated F037 and F038 wastequantities based on current managementpractices and identified options foralternative management due to the LDRrequirements. EPA derived demandestimates for two sources of F037 andF038 wastes: (1) Quantities from routinegeneration of F037 and F038 wastes.and; (2) quantities from the cleanout orclosure of remaining surfaceimpoundments. The Agency alsodeveloped estimates of available on-sitetreatment/recovery capacity andevaluated information submitted byrefineries and treatment technologyvendors on the viability of constructing

on-site treatment/recovery capacity andthe time that would be required to makesuch additions.

In the proposed rule (57 FR 958,January 9. 1992). EPA assumed that allF037 and F038 wastes would beremoved from surface impoundmentsprior to May 1992. Wastes that remain insurface impoundments after May 8, 1992would not be removed, but would bedisposed of in place-that is, the surfaceimpoundment would close as a landfill.Commenters on the proposed ruleagreed with estimates of routinegeneration. However, many commentersprovided data that surfaceimpoundments would not be cleaned outby May 1992. Additionally, manycomments indicated that many surfaceimpoundments would not close aslandfills after May 8, 1992, but would becleaned out. Upon reassessment, EPAagrees with the commenters that F037and F038 wastes are still beinggenerated from surface Impoundmentcleanouts and closures. For today's finalrule, therefore, EPA conducted separatecapacity analyses for F037 and F038generated routinely and F037 and F038wastes from surface impoundments.

a. Routine Generation. For thepurpose of the F037 and F038 capacityanalysis, routinely generated F037 andF038 wastes are wastes generated fromtanks, including wastes fromequalization tanks and oil/water/solidsseparators (such as CPI separators andIAF units) that are not API separators orDAF units. EPA estimates thatapproximately 69,000 tons per year ofdewatered F037 and F038 wastes(nonwastewaters) from routinetreatment of petroleum refinerywastewaters will require alternativetreatment due to the LDRs. Based oninformation from public comments andengineering judgement, EPA estimatesthat 41,000 tons of per year of this 69.000tons will be high heat content wastes(i.e., equal to or greater than 5,000 Btu/lb) and would likely be managed atcement kilns as containerized solids.and 28,000 tons per year of low heatcontent wastes (i.e., less than 5,000 Btu/lb) would be managed in the form ofbulk solids at incinerators. For thereasons described in section VI.B., EPAbelieves that cement kilns andincinerators will not have sufficientcapacity to treat the quantity ofroutinely generated F037 and F038wastes; therefore, the Agency is grantinga one-year national capacity variance toall routinely generated F037 and F038waste. This variance allows time forcement kilns to comply with interimstatus requirements of the BIF rule, andfor additional bulk solids incineration




capacity and capacity of other treatmentand recycling technologies (e.g., solventextraction and thermal desorption) tocome online to meet the demand fortreatment from routinely generated F037and F038.

b. Generation from SurfaceImpoundment Cleanouts and Closures.The Agency also considered theaccumulated sludge quantities in surfaceimpoundments. Many of these wastesare generated in unretrofittedimpoundments (i.e., impoundments notsatisfying the minimum technologyrequirements specified in sections3004(o) and 3005(j)(11)), and would thusbe land disposed in a prohibitedmanner. These impoundments can beretrofitted or replaced with tanksystems, but according to manycommenters, petroleum refineries maynot be able to do so by the effective dateof this rule, or for some time thereafter.See RCRA section 3005(j)(6), whichallows four years from promulgationdate of the rule identifying or listing thewastes to retrofit or closeimpoundments receiving newlyidentified or listed wastes (and no otherhazardous wastes). Since most of thesesurface impoundments also accumulateorganic toxicity characteristic (TC)wastes, identified as hazardous inMarch 1990, the refineries have toretrofit or close the impoundments byMarch 1994. Some impoundments maybe granted a delay of closure (see 40CFR 265.113 and 40 CFR 264.113) andthus will be allowed to remain inoperation, providing that hazardouswastes (e.g., F037 and F038 wastes) areremoved and the impoundment is usedfor non-hazardous wastes. For surfaceimpoundments that do not close by May1992, EPA estimates that 173,000 tons ofdewatered F037 and F038 wastes will begenerated from impoundment closure orcleanout between June 1992 and June1993, and 99,000 tons between June 1993and June 1994. These quantities willrequire alternative treatment to meet theLDR treatment standards.

Commenters indicated that F037 andF038 wastes generated from surfaceimpoundment closures are generally oflower heat content than routinelygenerated F037 and F038 wastes. EPAagrees with this comment; therefore, alarger proportion of surfaceimpoundment generated wastes wouldrequire incineration. Based on a follow-up analysis of public comments andengineering judgement, EPA estimatesthat of the total 173,000 tons generatedbetween 1992 and 1993, 112,000 tons willbe low heat content waste requiringincineration for nonpumpable sludge orbulk solids. Of the 99,000 tons generated

between 1993 and 1994, 64,000 tons willbe low heat content wastes requiringincineration for bulk solids. Becauseincineration capacity for bulk solids thatcould accommodate these wastes beforethey are land disposed is not adequate,EPA is granting a two-year nationalcapacity variance for F037 and F038wastes from surface impoundments.

The lack of alternative storage/treatment capacity raises two issues.The first is that during the period of anational capacity variance, restrictedwastes disposed in surfaceimpoundments can only be placed inimpoundments meeting the minimumtechnology requirements of section3004(o). See § 268.5(h), RCRA section3004(h)(4) and Mobil Oil v. EPA, 871 F.2d 149 (D.C. Cir. 1989). The second issueis that section 3005(j)(6) states thatimpoundments receiving newlyidentified or listed hazardous wasteshave up to four years from the date ofpromulgation of the rule to retrofit orclose the impoundment. As wasdescribed in section IV.H. of today'spreamble, EPA believes that theseprovisions are in irreconcilable conflict,and, accordingly, EPA has significantdiscretion in determining how best tointerpret them. The Agency ispromulgating that in the case of wastessubject to a national capacity variance,that impoundments managing suchwastes (and no other wastes subject toan earlier prohibition) have four yearsfrom the date of the identification orlisting (i.e., the date identifying or listingof the wastes is promulgated, not theeffective date of the rule, see section3005(j)(11)) to retrofit or close.

Although land disposal inimpoundments remains necessaryduring the four-year period allowed bystatute for retrofitting, the Agencyproposed that these surfaceimpoundment wastes be removed andsent for the mandated treatment ifadequate treatment capacity existed(section 3005(j)(5)). Some commentsreceived in response to this proposalindicate that some refineries may not beable to remove waste from surfaceimpoundments without first removingthe impoundment from service, whichwould interrupt refinery operations andpossibly affect oil and solids loading onthe wastewater treatment system,potentially exceeding NPDES permitlimits. EPA agrees with these commentsand is therefore not requiring suchannual cleaning of surfaceimpoundments.

In addition, EPA proposed thatimpoundments must be clean closed.EPA's intent was to mandate removal ofprohibited wastes at closure to be

consistent with the statutory intent totreat wastes where capacity is availableand not to dispose of untreated wastesin surface impoundments. (Where thereis available treatment capacity, thestrong statutory policy is to treathazardous wastes rather than allowthem to be land disposed. See RCRAsections 1002(7) and 1003 (4), (5), and(6).)

EPA received comments opposing therequirement of clean closure, citingacceptable alternative to clean closure.such as closure in place (40 CFR265.228(a)(2) and 40 CFR 264.228(a) (2)).delay of closure (40 CFR 265.113(d)(e)and 40 CFR 264.113(d)(e)), and otherclosure options. EPA has consideredthese alternative closure practices andis allowing owners and operators ofpetroleum refineries the same flexibilityavailable to other surface impoundmentowners and operators. Therefore, EPA isnot requiring that owners and operatorsof surface impoundments removewastes when they close. If owners oroperators remove wastes from surfaceimpoundments after the expiration ofthe two-year national capacity variance,and they are unable to identify adequatetreatment capacity, they may seek acase-by-case extension to the effectivedate of the LDR prohibition as stipulatedunder 40 CFR 268.5.

One commenter disagreed with EPA'sproposal to allow owners and operatorsto generate F037 and F038 inunretrofitted impoundments. Thiscommenter mentioned that their membercompanies had received a large numberof inquiries concerning the closure andreplacement of leaking surfaceimpoundments, but that this interestdeclined as it became clearer that EPAwas likely to allow them the maximumamount of time to retrofit. Thecommenter believes that owners andoperators will take as much time as theyare given to comply with the minimumtechnology requirements. Thecommenter therefore believes that nocapacity shortfall exists, just aperceived "difficult" burden exists forclosing surface impoundments. EPAdisagrees with this comment. As

* indicated in today's preamble, EPAbelieves that four years from the date ofpromulgation of the listing orcharacteristic is a reasonable periodwithin which owners and operators cancome into compliance with the minimumtechnology requirements.

c. Capacity Analysis Summary forF037 and F038 Wastes. As stated earlierin this section, the capacity analysiswas conducted separately for F037 andF038 wastes routinely generated and forF037 and F038 wastes from surface




impoundments. The estimate forroutinely generated F037 and F038 wastegeneration requiring alternativetreatment is 69,000 tons per year(nonwastewaters. EPA has no dataindicating that any land-disposedwastewaters will require alternativetreatment, and therefore EPA assumedthis quantity to be zero. Based on theestimate that 69,000 tons per year ofdewatered routinely generated F037 andF038 wastes will require alternativetreatment, and the determination thatinsufficient capacity exists to treat thesewastes in the next year, EPA is grantingroutinely generated F037 and F038wastes a one-year national capacityvariance. This variance expires on June30, 1993, one year from promulgation ofthe LDR prohibition for these wastes -(RCRA 3004(h) (1) and (2)). (EPA notesthat it is dating the national capacityvariance for these wastes from the datethe prohibition took effect, rather thanthe date of publication, since the recorddoes not support any longer extension).

EPA has estimated that cleanouts andclosures of surface impoundments willgenerate 100,000 tons of low heatcontent wastes generated between 1992and 1993 and 91,000 tons generatedbetween 1993 and 1994. Because existingcapacity at bulk solid incinerationsystems is insufficient to treat F037 andF038 wastes from surfaceimpoundments, EPA is granting a two-year national capacity variance forthese wastes. This variance expires onJune 30, 1994, two years frompromulgation of the LDR prohibition, themaximum extent allowed by law (RCRA3004(h)(2)).

2. Required Capacity for Other NewlyListed Organic Wastes

This section presents EPA's analysisof required capacity for other newlylisted organic wastes (surface disposed)including organic U waste,unsymmetrical dimethyihydrazine(UDMH) wastes, toluene diisocyanate(TDI) wastes, ethylene dibromide (EDB)wastes, ethylenebisdithiocarbamic(EBDC) wastes, and methyl bromidewastes.

a. Unsymmetrical Dimethyihydrazine(UDMH) Production Wastes (K107,K108, KlO9, Kilo).K107--Column bottoms from product

separation from the production of 1.1-dimethylhydrazine from carboxylic acidhydrazides

KiOB-Condensed column overheads fromproduct separation and condensed reactorvent gases from the production of UDMHfrom carboxylic acid hydrazines

K109-Spent filter cartridges from product-purification from the production of UDMHfrom carboxytic acid hydrazines

KilO-Condensed column overheads fromintermediate separation from productpurification from the production of UDMHfor carboxylic acid hydrazines

For UDMI- wastes, EPA ispromulgating incineration as the methodof treatment for nonwastewaters, andincineration, or chemical oxidation orbiodegradation followed by carbonadsorption as methods of treatment forthe wastewaters.

EPA listed four UDMH wastes (K107,K108, K109, K110) that are generatedfrom the production of UDMH(unsymmetrical dimethylhydrazine, or1,1-dimethylhydrazine) from carboxylicacid hydrazides. Also. some of thesewastes are ignitable or corrosive and assuch are currently subject to LDRstandards.

Generation and managementinformation concerning the UDMHwastes was collected by EPA during1990 and early 1991 under the authorityof section 3007 in RCRA. This capacityanalysis incorporates data from thatsection 3007 information request.

The response to the section 3007request noted that the onlymanufacturer who used the proprietaryprocess generating UDMH wastes hasceased UDMH production. Therefore,the Agency assumes that no UDMH willrequire treatment prior to land disposal.

Based on available data, EPA believesthat sufficient capacity exists fortreatment of the UDM-I wastes;therefore, EPA Is not granting a nationalcapacity variance for K107, K108, K109,and K110 wastewaters andnonwastewaters.

b. 2-Ethoxyethanol (U359). For U359,EPA is promulgating incineration or fuelsubstitution as methods of treatmentstandards for the nonwastewaters, andincineration, or chemical oxidationfollowed by biological treatment, carbonabsorption, or biodegradation followedby carbon adsorption for thewastewaters.

Generation and managementinformation concerning the U350 wasteswas collected by EPA during 1990 andearly 1991 under the authority of section3007 in RCRA. This capacity analysisincorporates data from that section 3007information request.

The Agency estimates that less than500 tons of U359 wastewaters are beingland disposed and will require furthertreatment as a result of the LJRs. Mostof the U359 waste generated in 1909 wasincinerated on-site, and the remainder(less than one percent) was incineratedoff-site. In addition, unspecified andvariable quantities of untreatedwastewater contaminated with U359 arereportedly generated on occasion at onegenerator's facility; however, this

wastewater undergoes biologicaltreatment on site. Because these wastesare rejected products, and the producthas a market value, the Agency believesthese wastes would be generated insmall quantities.

Based on the available data (seeSection VI.B), EPA believes thatsufficient capacity exists for treatmentof U359 wastes; therefore, EPA is notgranting a national capacity variance forU359 wastewaters or nonwastewaters.

c. Dinitrotoluene and ToluenediamineProduction Wastes [Klli-K2, U326and U353).Kill-Product washwaters fiom the

production of dinitrotoluene via nitration oftoluene

K112-Reaction by-product water from thedrying column in the production oftohuenediamine via hydrogenation ofdinitrotoluene

U328-Ortho-toluidineU353-Para-toluidine

For Kill wastewaters andnonwastewaters, EPA is promulgatingconcentration-based standards based ona transfer of the standards for F039wastes. EPA is promulgatingincineration as the method of treatmentfor K112 nonwastewaters; andincineration, or chemical oxidationfollowed by carbon adsorption, orbiodegradation followed by carbonadsorption as methods of treatment forK112 wastewaters. For U326 and U353wastes, EPA is promulgatingincineration as the method of treatmentfor nonwastewaters; and incineration, orchemical oxidation followed by carbonadsorption, or biodegradation followedby carbon adsorption as methods oftreatment for wastewaters.

During 1990 and early 1Q91, EPAcollected generation and managementinformation concerning these wastesunder the authority of section 3007 inRCRA. This capacity analysisincorporates data from that section 3007information request. In addition, theAgency has contacted other facilities inorder to obtain further informationconcerning Kill and (112 wastegeneration, management practices, andresiduals. Finally, the Agency reviewedinformation provided in response to theproposed rule (57 FR 957, January 9,1992).

The Agency has identifiedapproximately 3,500 tons of Killnonwastewaters and no K11Znonwastewaters and no Kill or K112wastewaters requiring alternativetreatment. The majority of the Kill andK112 wastes generated are currentlytreated using a variety of alternativetreatment or recovery methods imddischarged through NPI[ES. The data

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indicate that the residuals fromtreatment of Kill and K112 were furthertreated before being land disposed.

The Agency estimates that less than500 tons of U328 and U353nonwastewaters are being landdisposed and will require furthertreatment as a result of the LDRs. EPAidentified no U328 and U353wastewaters requiring alternativetreatment.

Based on the available data (seesection VI.B), EPA believes thatsufficient capacity exists for treatmentof these wastes. Therefore, EPA is notgranting a national capacity variance forKlll, K112, U328, and U353 wastewlitersor nonwastewaters.

d. Ethylene Dibromide (EDB)Production Wastes (K117-K18, K138)and Methyl Bromide Production Wastes(K131 and K132).KI.7-Wastewaters from the reactor vent

gas scrubber in the production of ethylenedibromide via the bromination of ethylene

Kl1--Spent adsorbent solids from thepurification of EDB produced bybromination of ethylene

K13--Still bottoms from the purification ofEDB

K131-Wastewater from the reactor and aciddryer from the production of methylbromide

K132-Spent adsorbent and wastewaterseparator solids from the production ofmethyl bromideFor K117, K118, K136, K131, and K132

wastes, EPA is promulgatingconcentration-based standards based ona transfer of data used to calculate theU029 (bromomethane), U030 (4-bromophenyl phenyl ether), U066 (1,2-dibromo-3-chloropropane), U067(ethylene dibromide, EDB), U068(dibromomethane) and U225(bromoform) Third Rule standards fornonwastewaters; and multisourceleachate (F039) performance forwastewaters. EPA is promulgatingstandards based on incineration fornonwastewaters; and incineration, orchemical or wet air oxidation followedby carbon adsorption, or biologicaltreatment, or steam or air stripping forwastewaters.

During 1990 and early 1991, EPAcollected generation and managementinformation concerning these wastesunder the authority of section 3007 inRCRA. This capacity analysisincorporates data from that section 3007information request. In addition, theAgency reviewed information providedin response to the ANPRM (56 FR 24444)and the proposed rule.

Based on new information received inresponse to the proposed rule, EPAestimates that less than 100 tons ofcurrently land-disposed K118

nonwastewaters will require alternativetreatment. EPA has identified no K117 orK136 waste generation and no K118wastewaters currently being surfacedisposed.

EPA has identified no K131 or K132wastes currently being land disposedand requiring alternative treatment orrecovery. All identified K131 wastescurrently generated are sent off site foracid reclamation.

Based on available data and usingincineration as the treatment technology(see Section VLB), the Agency believesthat sufficient treatment capacity existsfor treatment of these wastes; therefore,EPA is not granting a national capacityvariance for Kl17, K118, K136, K131 andK132 wastewaters or nonwastewaters.EPA is granting a two-year nationalcapacity variance to undergroundinjected K117, K118, K131, and K132wastes (see Section VIF).

e. Ethylenebisdithiocarbamic (EBDC)Production Wastes (K123, K124, K125,and K126).

K123-Process wastewater (includingsupernates filtrates, and washwaters) fromthe production ofethylenebisdithiocarbamic acid (EBDC)and its salts

K124-Reactor vent scrubber water from theproduction of EBDC and its salts

K125--Purification solids (including filtration,evaporation, and centrifugation solids)from the production of EBDC and its salts

K126-Baghouse dust and floor sweepings inmilling and packaging operations from theproduction or formulation of EBDC and itssalts

For EBDC wastes, EPA ispromulgating incineration as the methodof treatment for nonwastewaters; andincineration, or chemical oxidationfollowed by biological treatment orcarbon absorption as methods oftreatment for wastewaters.

During 1990 and early 1991, EPAcollected generation and management

* information concerning the EBDCwastes under the authority of section3007 in RCRA. This capacity analysisincorporates data from that section 3007information request.

The Agency has identified less than100 tons of K125 nonwastewaters thatare currently land disposed and willrequire alternative treatment, and hasidentified no quantities of K123, K124, orK126 wastes that are currently beingland disposed. No generation of K125wastewaters, K124 wastes, or K126wastes has been identified.

Based on available data, EPA believessufficient capacity exists for treatmentof the EBDC wastes; therefore, EPA isnot granting a national capacityvariance for K123, K124, K125, and K126wastewaters or nonwastewaters.

D. Required and Available Capacity forNewly Listed Wastes Mixed WithRadioactive Contaminants

EPA has defined a mixed RCRA/radioactive waste as any matrixcontaining a RCRA hazardous wasteand a radioactive waste subject to theAtomic Energy Act (53 FR 37045, 37046.September 23, 1988. Regardless of thetype of radioactive constituents thatthese wastes contain (e.g., high-level.low-level, or transuranic), they aresubject to the RCRA hazardous wasteregulations, including the land disposalrestrictions.

Radioactive wastes that are mixedwith spent solvents, dioxins, Californialist wastes, or First Third, Second Third.and Third wastes are subject to the landdisposal restrictions alreadypromulgated for those hazardouswastes. EPA granted two-year nationalcapacity variances for all of thesewastes because of a lack of nationaltreatment capacity. Today's ruleaddresses the radioactive wastes thatcontain newly listed hazardous wastesbeing restricted in today's rulemaking.

The Department of Energy (DOE] isthe primary generator of mixed RCRA/radioactive wastes. A variety of non-DOE facilities also generate mixedRCRA/radioactive wastes, includingnuclear power plants, academic andmedical institutions, and industrialfacilities. Based upon a review of theavailable data, including data submittedby DOE under several rulemakings, thequantities of mixed RCRA/radioactivewastes containing newly listed wastesregulated by this rulemaking appear tobe small.

Although DOE is in the process ofincreasing its capacity to manage mixedRCRA/radioactive wastes, informationsupplied by DOE under otherrulemakings indicates that a significantcapacity shortfall currently exists for thetreatment of mixed RCRA/radioactivewastes, much of which is in storagefacilities awaiting treatment. EPA'sreview of non-DOE data sources alsoshowed a significant lack of commercialtreatment capacity as well.

Any new commercial capacity formixed RCRA/radioactive wastes thatbecomes available will be needed formixed wastes that were regulated inprevious land disposal restrictionrulemakings and whose variances havealready expired (i.e., radioactive wastesmixed with solvents, dioxins, Californialist wastes, or First Third, Second Third,or Third wastes). In addition, DOE hasindicated that it will generally givetreatment priority to mixed wastes thatare already restricted under previous




LDR rules. Thus, EPA has determinedthat sufficient alternative treatmentcapacity is not available and is grantinga two-year national capacity variancefor mixed RCRA/radioactivewastewaters and nonwastewaterscontaminated with newly listed wasteswhose standards are being promulgatedtoday.

One commenter on the proposed rulesuggested that EPA not rely on DOE todevelop the capacity needed to managethe largest quantities of mixed RCRA/radioactive wastes because of DOE'sreportedly poor record of handlingradioactive materials. EPA disagreeswith this comment. DOE is responsiblefor managing many radioactive wastesand has a Federal statutory obligation todevelop needed capacity. In addition,DOE is subject to regulations designedto ensure that its mixed RCRA/radioactive wastes are properlymanaged. EPA and authorized statesregulate the hazardous components ofthese wastes under RCRA and theNuclear Regulatory Commission (NRC)and agreement states regulate theradioactive components under theAtomic Energy Act and other statutes.DOE is generally self-regulating withrespect to the radioactive componentand is generally exempt from NRCregulations, except for DOE facilitiesthat accept commercial high levelwastes which are to be licensed byNRC.

The same commenter also suggestedthat EPA require that all non-DOEmixed RCRA/radioactive wastes bestored and managed under "emergencypermits" at known commercial and on-site facilities, rather than allowing themto be generated, managed, and disposed"at an unknown number of unidentifiedgenerator sites." This commenterappears to be confused about the RCRAregulatory program. Mixed RCRA/radioactive wastes are not generated,managed, and disposed at "unidentifiedgenerator sites." All generators of morethan 100 kilograms/month of RCRAhazardous wastes, including mixedwastes, must obtain an EPAidentification number. Mixed RCRA/radioactive wastes, like other RCRAwastes, can be stored at the site ofgeneration for greater than 90 days onlyif the generator has a permitted orinterim status storage facility that isspecifically allowed to handle mixedwastes. (In the case of generators of100-1000 kilograms per month, the limitis 180 days, or 270 days in certaincases.) Furthermore, treatment ordisposal of mixed RCRA/radioactivewastes is allowed only at permitted orinterim status treatment or disposal

facilities specifically authorized tohandle mixed wastes. EPA believes thatthe current RCRA regulatory program isadequate to ensure proper managementof the hazardous component of mixedwaste and that "emergency permits" areunnecessary.

E. Required and Available Capacity forDebris Contaminated With NewlyListed Wastes

This capacity analysis focuses ondebris contaminated with wastes whosetreatment standards are beingpromulgated in this rule. 49 An estimated80 percent of all debris contaminatedwith previously regulated wastes ispresently disposed in hazardous wastelandfills without prior treatment.5 0 Intoday's rule, EPA is specifying thathazardous debris be treated prior toland disposal using one or more of thefollowing families of debris treatment:extraction, destruction, orimmobilization. (The availability of eachof these treatments is discussed in ,greater detail in another section of thispreamble.)

EPA used several data sources toestimate the total quantity of land-disposed hazardous debris. Thesesources include: comments received inresponse to the proposed rule (57 FR958); responses to the ANPRM for thenewly listed and identified wastes (56FR 24444); information provided during aseries of roundtable meetings held bythe Agency in May and June of 1991with representatives of companiesinvolved in the management anddisposal of hazardous debris; Records ofDecision (RODs) of Superfund sites; theNational Survey of Treatment, Storage,Disposal and Recycling Facilities (TSDRSurvey); and the National Survey ofHazardous Waste Generators(Generator Survey).5 1

49 UDMH (K107-K11), dinitrotoluene (Kill),toluene diamine (Kl12), ortho and pars toluidine,ethylene dibromide, methyl bromide, 2-ethoxyethanol (U359), ethylene bis-dithiocarbamic acid,and F037 and F038 petroleum refining wastes.

50 Previously regulated wastes include solventsand dioxin wastes, California list wastes, and FirstThird, Second Third, and Third Third wastes. EPAhas granted national capacity variances to soil anddebris contaminated with First Third, Second Third,and Third Third wastes. The national capacityvariances for debris contaminated with Third Thirdwastes expired on May 8, 1992. However, theAgency has extended this variance for one year (seesection VI. of the preamble.

51 EPA conducted the surveys during 1987 and1988 to obtain comprehensive data on the nation'scapacity for managing hazardous waste and thevolumes of hazardous waste being land disposed aswell as data on waste generation, wastecharacterization, and hazardous waste treatmentcapacity in units exempt from RCRA permitting.

In general, EPA found severelimitations in estimating the totalquantity of hazardous debris becausethe available data are incomplete andpoorly defined. The reason for this lackof comprehensive data is several-fold:First, the regulated community reportedthat their data generally are notclassified by debris but rather by wastecode and waste description; second, thedata from the TSDR and GeneratorSurveys were not collected andcategorized specifically for debris; anddebris were often mixed with soils, 52

and were frequently contaminated withmore than one waste, thereby makingthe hazardous debris matrix andquantity determinations difficult; third,TSDR and Generator Surveys do notinclude data on debris contaminatedwith newly listed and identified wastesbecause they were not consideredhazardous wastes in 1986; and fourth,debris that have been cleaned[decontaminated] are generally notreported as hazardous wastes becausethey are no longer considered hazardousdebris. Commenters to the proposed ruleagreed with the Agency's assessment ofdata limitations.

1. Waste Generation

The capacity analysis in today's ruleis based on the data sources describedabove. For the total of currently land-disposed debris contaminated withRCRA hazardous wastes, EPA estimatesthat approximately one million tons aregenerated per year based on thereported percentage of the total of allhazardous waste land disposed. EPAalso has estimated lower and upperbounds of 700,000 to 2.8 million tons peryear, respectively, based on adjustmentfactors to the TSDR survey data. Somecommenters to the proposed rulesuggested that the Agency's estimate ofthe quantities of debris requiringtreatment is low. However, nocommenter provided national estimatesof land-disposed hazardous debris.

The largest quantity of routinelygenerated debris contaminated withnewly listed wastes is debriscontaminated with F037 and F038petroleum refining wastes. EPA'sestimate for this quantity is 8,000 tonsper year. In addition, EPA receivedinformation indicating that additionalquantities of debris contaminated withF037 and F038 wastes may be generatedfrom modernization of petroleum

32 Data submitted by TSDFs in roundtablemeetings sometimes combine hazardous debris withsoil. Furthermore, TSDFs have stated that historicalwaste data are generally not kept by debrisclassifications.

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refinery sewer and wastewaer systems.EPA's estimate br'debris contaminatedwith the remainder of wastes coveredby today's .rulemaking is less than 2,000tons per pear.

One commanterindicated that EPA'sestimate of the quantity of debriscontaminated with F037 and F038wastes was low. 1-owever, thiscommenter provided no data that couldserve as a basis for updating EPA'sestimate. In the proposed rule, EPAacknowledged that decommissioning oflarge aemical plants and increasingremediatlon activities can significantlyincrease the estimated quantity ofhazardous ddbris.

2. Current*,Ianagemnt Practices

Waste generators and TSDFs reportthat most -hazardous debris is currentlylandfiled Wvtho-at prior treatment.Stabilization or incineration are thereported treftment technalogies ior thesmall amounts of hazardous debris thatare treated prior to landfilling. However,EPA has Teceived information thatmaterials-4andling problems may limitthe quantftyof hazardous debris thatcurrently can tbe treated by -stabilizationand incineration. Specifically, the size ofmany types of debris must be reducedbefore they can be treated [e.g., byshredding or grinding). Heavy dutyequipment such as shredders andgrinders are generally not part of thetreatment ,process at hazardous wastetreatment facilities and are not generallyavailable. Consequently, the availablecapacity to otreat hazardous debris iscurrently limited. In addition, largequantities of matarials that are currentlycleaned (d entaminated) and thenmanaged as nonhazardous wastes mayrequire additional management ashazardous debris. Commenters to theproposed rule agreed with EPA'sassessment that there are materials-handling limitations in managinghazardous debris.

3. Available Capacity and ,CapacityImplications

EPA is promulgating 'that hazardousdebris be treated prior to land disposalusing one or more of'the followingfamilies of debris treatment: Extraction,destruction, or immobflization. Whilematerials-handling preblems may limitthe available destruction (e.g.,incineration) and immobilization (e.g.,stabilization:) capacities, inadequatecapaefty 'exists for many 'of thepromulgated tedhnologies in theextraction family. Much of the capacityof extraction lachrmilogies ourrently usedto decontaminate 'hazardous debris,such as water washing and steamcleaning, is not currently permitted,

although EPA is proposing to expeditethe permittingtof these technologies. Inconclusion, EPA believes that thecurrent capacity available to treathazardous debris is limited.

Therefore, EPA is today granting atwo-year national capacity variance fordebris contaminated with newly listedwastes covered in this rule. Thisvariance would -allow sufficient time forthe installation and permitting of thetreatment systems necessary to handlethe quantities of'hazardous debrisaffected by this rule. Existingcommercial capacity and any newcommercial capacity for debris thatbecomes available willbe -eeded fordebris contaminated with wastes listedin previous land disposal restrictionrulemakings and not -granted a capacityvariance '(i.e., debris contaminated withsolvents, dioxins, or California listwastes). Commenlers to the proposedrule generay agreed with WEPA'sanalysis and the meed'for a nationalcapacity variance fordebriscontaminated with newly listed wastescovered in this rule.

F. Capacity Determination forUnderground Injected Wastes

As explained in previous xulesconcerning land disposal restrictions(see, e.g. 52 FR 32450, August 27, 1987; 53FR 30912, August 16, 1988; 55 FR 22520,June 1, 1990), EPA is allocating availablecapacity first 'to those wastes disposedin surface units, next to wastes resultingfrom CERCLA and RCRA clean ups, andfinally to underground injected wastes.Based on the continued application ofthis approach, the Agency ispromulgating the following effectivedates for injected wastes.

1. Newly Listed Wastes With TreatmentStandards Which Current Data IndicateAre Not Being Underground Injected

The wastes K107, K108, K10, K110,K123, K124, K125, K126, K136, U328,U353, and U359 are the newly listedwastes for which mumerical standardsor specified methods are beingpromulgated, and which current dataindicate are not being undergroundinjected. Therefore, EPA is prohibitingthese wastes from undergromnd injectionupon the effective date of this rule.

2. Newly Listed Wastes With TreatmentStandards'Whih Current Data IndicateAre Being Underground Injected

The wastes F037, F038, Klll, K112,K117, K118, K131, and 1(132 are thenewly listed wastes for which -curretdata 'indicate are 'being undergroundinjected by 'Class I hazardous wasteinjectiou wells.

For Kll and K112 waste from theproduction -of dinitratoluene ,ortoluenediaminde, pretreatment includesneutralization and filtration. Only asmall amount of this waste is beingdisposed of in a Class I hazardous wasteinjection well which has Teceived a no-migration petition.

The treatment standards for F037 andF038, petroleum refining wastes, ambased -upon transfer of the performanceof technologies previously establishedfor KG404--S2 wastes. Based on theHazardous Waste -Injection WellInventory data base, EPA believes that asmall ,volume of F037 and F038 wastesare being underground injected annuallyby permitted injection wells. No newdata, 'indicating that larger injectedvolumes of these wastes, were receivedby the Agency during the commentperiod for the preosed rule. Therefore,as adequate alternative treatmentcapacity appears to be available, theAgency is not granting a two-yearnationalcapacity variance for anyinjected F037, P038, Kl11, and K112waste, and is 'prohibiting these wastesfrom underground injection upon theeffective date of this rule.

The treatment standards for K117,K118, (131, and K132 wastes are basedupon liquid incineration. One comnmentreceived from the proposed ruleindicated that a large volume of thesewastes, which;are in 'a mixed non-segregable waste stream exceeding 300million gallons annually, were beingunderground injected. The Agency'scurrent -data indicate that there isinadequate available commercialtreatment capacity for these wastes.Therefore, EPA isgranting a two-yearnational capacity variance for injectedK117, (118, K'31, and K132 wastes intoday's rule.

G. Revisions to Treatment Standards forK061, F006, and K062

In today's rule, the Agency isremoving the low and high zincsubcategories for K061 and establishingthe same numeric treatment standardsbased on HTMR:For all K861nonwastewaters. EPA also isestablishing alternative treatmentstandards based'on HTMR far K062 andTOO6. Today's 'rule does not preclude theuse of any treatment technology that canmeet these standards nor does itpreclude the.use uof any lechnology thatcan meet the previonsly promulgatedtrea tant standards lor 062 and F006.The Agencyreoeived several commemsquestioning tthe availability -of 1-capacity to Areat these wastes. Althoughcommenters also questioned i~fhetherstabilization could meet the treatment



Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992: / Rules and Regufations- 37253

standards, one commenter submittedinformation that their stabilization,process does meet the numerictreatment standards for K061. Since anytechnology that can meet the numericstandards for K061 can be used to treatthose wastes, the Agency believes thatthere is sufficient treatment capacity forK061. Similarly, since the treatmentstandards based on HTMR for K062 andF006 are alternative standards and anytechnology currently used to treat K062and F006 to the previously promulgatedstandards may continue to be used, theAgency believes that there is sufficienttreatment capacity for K062 and F006.

VII. ImplementationAs described in section VIII. of this

preamble, State Authority, today's ruleis being promulgated under HSWAauthority. Therefore, until states receiveauthorization to implement today's rule,the Federal procedures and standardswill be used for its implementation. Thefollowing sections describe some of therelevant generator and permittingprocedures that apply to waste handlersas they comply with today's rule.

A. Facilities Qualifying for InterimStatus Due to Storage of ProhibitedWastes

As discussed elsewhere in today'spreamble, EPA has determined thatadequate treatment capacity forhazardous debris will not be availablefollowing the expiration of the nationalcapacity variance for these wastes onMay 8, 1992, and has therefore granted aone-year national case-by-caseextension to the LDR effective date forhazardous debris, provided certainrecordkeeping and other requirementsare met. However, even by May 1993there will likely be generators who willstill have difficulty obtaining treatmentfor these wastes. To a lesser degree,there may also be situations wheregenerators of the newly listed wastes-for which treatment standards areprescribed in today's rule-are unable toinitially arrange for appropriatetreatment. Therefore, EPA believes thatsome generators without permits orinterim status will need to accumulatewastes restricted from land disposal bytoday's rule for more than 90 days inorder to acquire treatment required bypart 268. Although 90 days is themaximum period allowed foraccumulation storage at generator sites,if the wastes must remain on-site longerdue to unforeseen, temporary, oruncontrollable circumstances, anextension of up to 30 days may begranted at the Regional Administrator'sdiscretion. (See 40 CFR 262.34.) If,despite the best efforts of the generator,

waste accumulation will exceed the 90day limit [or 120 day limit, if anextension is granted), then the generatormust obtain interim status for continuedstorage.

Section 3005(e) of RCRA establishesthe criteria for obtaining interim status,and 40 CFR 270.70(a) codifies thatprovision. This section -provides thatfacilities "in existence on the effectivedate of statutory or regulatory changes* * * that render the facility subject tothe requirement to have a permit" mayqualify for interim status if they makethe appropriate application. A generatorwho is accumulating hazardous wastesin tanks or containers before theeffective date of today's rule is "inexistence" and may qualify for interimstatus provided that the continuedstorage is necessary to comply with theland disposal restrictions. Section3005(e)(1) allows interim status onlywhere new regulatory requirementssubject an existing facility to permittingrequirements. It is not intended toprovide an opportunity for a facility tonewly engage in hazardous wastemanagement.

Generators who need to obtaininterim status should submit a part Apermit application to the Agency asprovided in part 270. (Part A applicationinstructions can be found at § 270.13.) Inthe part A application, the generatormust demonstrate that the additionalaccumulation time is necessary as aresult of the land disposal restrictions ofpart 268.

The part A must be submitted to theAgency by the deadline specified in§ 270.1R(e). Note that the § 270.10(e)deadline is th6 earlier of the followingtwo alternative dates: (1) Six monthsafter publication of regulations whichfirst require the facility to comply withpart 265, or (2) thirty days after the datethey first become subject to thestandards in part 265. It is expected thatthe deadline for most, if not all, of thelarge quantity generators will beestablished by the second alternative.By operation of 40 CFR 270.10(e)(ii), thegenerator first becomes subject to thepermitting requirements when heexceeds the generator accumulationtime limit. For example, after the 90-dayaccumulation period ends, the generatorwould be required to submit the part Awithin 30 days. Therefore, it is criticalthat any generator who will be newlysubject to the interim statusrequirements become familiar with thepart 270 requirements and submit thepart A application on time.

Generators applying for interim statusmust comply with the applicablerequirements of part 265. These new

interim status facilities are also subjectto corrective action orders under section3008(h) of RCRA. Furthermore, ifrequested by the Administrator, thefacility will be required to submit itspart B permit application.

EPA anticipates that some of thesenew interim status facilities managingdebris may find containment buildingsmore suitable for the storage ortreatment of their restricted wastes thantheir existing tanks or containers. Thesefacilities may request certain changesduring interim status by following theprocedures described below.

B. Containment Buildings at GeneratorSites

As explained in section IV.G.3. of thispreamble, generators who want to add acontainment building for accumulation(including treatment) of waste for lessthan 90 days, can do so withoutobtaining a RCRA permit, provided theconditions in § 262.34 are met. Theseconditions include compliance with thecontainment building standards insubpart DD of part 265 and certainrecordkeeping and reportingrequirements. Such containmentbuildings can be used indefinitely,provided the generator ensures thateach volume of waste remains in theunit for 90 days or less. When thegenerator has no further need to managehazardous waste in the unit, then thebuilding nibst be closed in accordancewith § 265.1102.

C. Addition of Waste ManagementCapacity at Permitted and InterimStatus Facilities

1. Permitted Facilities

Permitted treatment, storage, anddisposal facilities may add newtreatment processes and additionalcapacity pursuant to today's rule byapplying for a permit modification underthe Federal regulations at § 270.42 (see53 FR 37912, September 28, 1988, for afull explanation of the permitmodification procedures). Although theregulations at § 270.42 werepromulgated under pre-HSWAauthority, EPA may use theseregulations in authorized States whennecessary to implement HSWAprovisions such as the land disposalrestrictions (see 53 FR 37933).

The types of modifications needed toadd new capacity or processes wouldlikely require the submittal of a Class 2or 3 modification. For containmentbuildings the permit modification typecan be determined by consultig newsection M in appendix I of § 270.42. TheClass 2 modification process requires



37254 Federal Register / Vol. 57, No. 160 JI Tuesday, August 18, 1992 / Rules and Regulations

Agency action on ithe request within 120days. This action would consist ofapproval or denial, reclassification as aClass 3 modification, or authorization toconduct the activilies for up to 180,dayspending Agency action. Furthermore, forClass 2 nodifications, construction toimplemaentthe requested facility changemay commence -80-days after submissionof the request. There is no deadline forAgency actin for-Class 3 modifications,which apply to more substantial facilitychanges.

Permitted -facilities may also apply fora temporary authorization to initiatenecessary activities while a Class 2 or 3permit modification request isundergoing review, or to undertake atreatment or storage activity which willbe of short duration. EPA may grant atemporary authorization -for a term of upto 180-days. Any request for a temporaryauthorization .must demonstratecompliance with the part 264 standardsand also meet the criteria of § 270.42(e)for approval. Today's rule amends§ 270.42(e)(4(ii)(B} to allow temporaryauthorizations for containment buildingswhere necessary to treat or storerestricted waste, including hazardousdebris, in accordance With part 268.Interested members of the public (i.e,,those that have previously expressedinterest in any permitting action for thefacility) will receive notice by mail of afacility's request for a temporaryauthorization, and another mail notice ifEPA approves the request. Thetemporary authorization may berenewed- once ifthe additionalprocedures of J 270.42(e) are followed,including the submission of appropriatepermit modification information and theinitiation of public meetings and publiccomment period..(See 53 FR 37919,September 28, 1988 for additionaldiscussion.of temporary authorizations.)

2. Interim Status Facilities

Treatment, storage, and disposalfacilities managing hazardous wasteunder interim status may add newtreatment processes or additionaltreatment or storage capacity by usingthe existing procedures for changesduring interim status in 1 270.72. Underthese procedures, a facility must submitto EPA a revised part A permitapplication and justification explainingthe need for the change. The changemay then be approved by EPA.

In orderfor the change to be approvedby EPA, it -must meet one of severalcriteria, such as'being necessary tocomply with a Federal, 'State, or localrequirement. Note that changes may notbe made if They -mounft toreconstructionof the facility. Thisoccurs when the-capital investment for

the changes to facility exceed 50 percentof the capital cost of a comparableentirely new facility. However,§ 270.72(b)(6) in today's rle lifts thereconstruction limit for changes to treator store in containment buildingshazardous waste subject to landdisposal restrictions imposed by part268, provided that the changes are madesolely for the purpose .of complying withpart 268.

D. Conversion of Enclosed Waste Pilesto Containment Buildings at Permittedand Interim Status Facilities

EPA epects that many permitted andinterim status facilities will makechanges to existing enclosed waste pilesto meet the technical standards forcontainment buildings. These facilitiesmayeitherocontinue the operation of thecontainment building under its permit orinterim status, or may wish to operatethe containment building in accordancewith the 90-day generator accumulationprovision in § 262.34.

I. Conversion of Enclosed Waste Piles ,toInterim Status or Permitted -CmtainmentBuildings

Permitted facilities may convert theirenclosed waste piles to containmentbuildings by submitting a Class 2 permitmodification, as provided in Item 1.6. inappendix I to § 270.42. Facilities underinterim status may amend their part Apermit applications to convert anenclosed waste pile to a containmentbuilding under § 270.72(a)(3) as a changein process. Interim status facilities mustsubmit a revised part A permitapplication and a justificationexplaining the need for the change % theAgency. The Agency must then approvethe change before it can beimplemented. After the conversion, thecontainment building standards of part265 subpart DD would apply to the unitinstead of the waste pile standards ofsubpart L. Closure of the enclosed wastepile is not triggered 'by the conversionprocess since hazardous waste willcontinue'to be managed in the unit andthe unit remains fully subject to therequirements of the permit or interimstatus.

2. Conversion of Permitted or InterimStatus Enclosed Waste Piles toAccumulation ,Units Under Section262.34

Section 262.34 allows generators toaccumulate wastes on-site in certainunits for 90 days or less without havinga permit or interim status provided thatthey meet the requirements of thatsection. Today's rule extends theapplicabitity of § 262.34 to accumulationin containment building units.

Owners and operators of newcontainment buildings that have motoperated underinterim status or apermit can aocumulate wastes under§ 262.34 provided they meet therequirements of that section. Ownersand operators of endlosed wate -pilesthat are permitted er -operating underinterim stats can -convert those ,unts togenerator status and -conTinueaccumulatingwastes under theprovisions of § 28E.84 if they first meetthe Tequirements for -closure of the unitunder § Z64.1102or i 265.1102.

In the case of tanks, the Agency hasencountered many owners andoperators that have sought conversionfrom permitted or interim status togenerator status but have been unable tosatisfy the closure requirements of§ 264.197 or 265.197 without ceasingoperation of the unit. While the Agencydoes not seek to require owners andoperators to take these units out ofoperation as part of the conversion togenerator status, the Agency does notallow conversion to generator status toserve to exempt permitted and interimstatus units from the applicable closureand financial responsibilityrequirements. The Agency seeks toassure that all units that have operatedunder the requirements of part 264 or265 satisfy the applicable closurerequirements of -those parts, and thatfunds be available to do so. Thus,permitted or interim status tanks -thatconvert to 90-day generator status mustundergo full closure before -they arereleased from inanoial assurancerequirements. 'However, closurerequirements are triggered by the finalreceipt of.azardous-waste--not byconversion to WE-day generator status.Therefore, -the tank may defer RCRAclosure -until it -is taken ot ,of hazardouswaste service.

Similarly, where owners andoperators of interim -status orpermittedcontainment -buildings seek toconvert to90-day generator -staus butcamnnot closethe unit without taking-it ont-ofoperation, the owner oroperator mayaccumulate waste as a generator underthe provisions of 1-262.34'(without apermit requir-ement) and close the -unit ata later date. However, it shodld benoted that unless the owner or operatorsatisfies all -applicable closurerequirements prior to conversion, theunit remains subject to the requirementsof subparts G (closure) and H (financialresponsibility) until closure of the unit iscomplete. Furthermore, if the facility isin interim stafts, tt'retains interim statusuntil a permit application is denied -orinterim status is lost. Permitted facilitieswould retain any corrective action



Federal Register / Vol. 57. No. 160 1 Tuesday. August 18. 1992 1 Rnles and Regulations 37,255

requirements, but could seek permitamendments to eliminate 4) MR part264 standards to which They were nolonger subject (eg.. waste analysisplan).

ViI. Sla. e Atosity

A. Appic cblity of Rules i, AutJborizedStates

Under section 3006 of RCRA, EPAmay amlorize qualified States toadmirster and enforce the RCPAprogram wihin the State. Followingauthorization, IEPA retains enforcernentauthority nder sections S8, 3013, avd7003 of CRA. athough authorizedStates have prinary enforcementre9ponsNbfrity. The standards andreqeirements for authorization are foundin , CMp rt 271.

Prior to he Hazardus and SolidWaste Amendments of 1984 HSWA), aState with final aithorizationadministered fts hazardous wasteprogram in lieu of EPA administering theFederal program in that State. TheFederal requirements no longer appliedin the authorized 'State, and EPA couldnot issue permits for any facilities thatthe State was authorized to permit.When new, more stringent Federalrequirements were promulgated orenacted, the Rtate was obliged to enactequivalent authority wilhin specifiedtime frames. New Federal requirementsdid not take effect in an authorizedState until the State adopted therequirements as'State law.

In contrast, under RCRA section3006(g) (42 U.S.C. 69280[g)), newrequirements and prohibitions imposedby HSWA take effect in authorizedStates at the same time that they takeeffect in nonautAorized States. EPA isdirected to carry out these requirementsand prohibitions in authorized States,including the issuance of permits, untilthe State is granted authorization to doso. While States must still adoptHSWA-related provisions as State lawto retain final authorization, HSWAapplies in authorized States in theinterim.

Today's role i being prmiulgatedpursuant to sections 3004(d) through (k,and (n). of RCRA 142 U.S.C. 6924(d)througi £k). aad 1m)). It is added toTable I in 40 CFR 271.1) whichidentifies the Federal programrequirements that are promulgatedpursuant to HSWA and that take effectin all.States., rpardless of theirauthorization status. States may applyfor either interim or final authorizeionfor the HSWA provisions in Table I. asdiscussed in the following section of thispreamble. Table 2 in 40 CFR 271.1(j) is

also modified to indicate that this rule isa self-implementing provision of HSWA.

EPA is also finalizing a newmanagement unit, dontainmentbuildings, which involves redefinition ofthe term 'pile," pursuant to HSWA. Thisprovision assures an aequate means ofimplementing Ihe treatment standarsds,either by providing a means thattreatment can occur without constitutingimpermissible land disposal, or byproviding a safe staging area that wouldnot constitute land disposal before beettreatment. Cf. 56 FR 411715 Augst 19,19911 (portion of rule assuringavailablity of capacity adortedpursuant to lSWA). nous, this portionof the rule is adopted pursuant toHSWA and takes effect immediately inauthorized States.

B. Effect on State Authorization

As noted above, EPA is todayfinalizing a rule that widl beimplemented in authorized States untiltheir program. are modified to adoptthese raoes and the modificatian isappwoued -by EPA. Becaese the rule ispamumat to HiSWA a State sulbnitting aprogram modificatiam may apply toreceive either interim or fiealauthlroatiem under RCRA section3006(g)(2) or 3O b), respectively, on thebasis of requiremets that aresubstantialtly equivalent or equivalent toEPA's. The procedures and schedule forStae pmgram modificatiows for eitherinterim or Enal riastin aredescribed in 40 CFR 27L1. It should benoted that ISWA interim authorizationwill expire oa January 1. 193 isee 40CFR 271.24c)).

Sectiotn 271.24 eKf2) requires thatStates with final a horization mustmodify tbeir programs to reflect Federalprogram chaages and to sibsequentlysubmit the modification to EPA forapproval. The deadlime by which theState would have to modify its programto adopt these r4g@dations is specified in§ 271.2(e). The deadlie is July I. W93 ifthis rulemaking is finalized on or beforeJune 30, 1992. This deadline can beextended in certain cases {see§ 271.211.)13)). Onee EPA apjroves themoditication, the State reqWirementsbecome subtitle C RCRA requirements.

States with authorized RCRAprograms may already haverequirement similar to those in today'sfinal rule. These State regulations havenot bean assessed against the Federalregulations being finalized today to •determine whether they meet the lestsfor authorization. Thus. a State is notauthorized to implement theserequirements in lieu of EPA until theState pojgram modifications areapproved. Of course, States with

existing standards could continue toadminister and enforce their standardsas a matter of State law. Inimplementing the Federal program, EPAwill work with States under agreementsto minimize duplication of efforts. Inmany cases, EPA wil be able'to defer tothe States in their efforts to implementtheir programs rather than take separate-actions under Federal authority.

States that sulnit official applicationsfor final authorization less than 12months after the effetve date of theseregulations are not required to includestandards equivalemt to theseregulations in their application.However, the State must modify itsprogram by the deadline set forth in§ 271.21[e). States that submit officialapplications for final authorization 12

onths after the effective date of theseregulations must include smadardsequivalent to these zegulations in theirapplication. The reqairements a statemust meet when submitting its finalauthorization application are set forth in40 CF& 271.&

The regulatios being finalized todayneed not affect the State's UuderromadInjectio Conmol (UCI) primacy status.A State cumenty autimmined toadminister the UIC proram rnader theSafe Drmkig Water Ad (SDWA) couldcontinue to dosa without seekingauthoalty ft adffivisl the amendmntsthat wiM be pnmiutoated at a fhtedate. Howem, a State which wished toimplement part 148 md reoeiveauthorization to grant exemptions fromthe land duqana restrictions wouldhave to Jamotrate that it had-therequisite authority I administersections 3W4 (f) and g) of RCRA. Theconditiorm uider which such ananiwrization may talse place arediscussed in a July IS, 1985 final rule (90FR 2 72B4

IX. Regulatory Requirements

A. Econtwnic Impc t Screening AalysisParsunt to Ekec(wtie Order 12291

Executive Order No. 12291 requires'that a regulatory ageacy determinewhether a new reguLation will be"major" ad if so, that a RegulatoryImpact Analysis (RL44 be conducted. Amajor rale is defined as a regulatioalikely to eem-t in ean anneal effect to theeconomy of $100 "illion or more; amiajr iacrease in costs or prices forconsumers, individuals, industries,Federal, State. and local governmentagencies, or georaphiic ro4gna; orsiprificant adverse effecs oancomnpeition, enqgayment, in'yestment,productivity, innovation, or the ability ofUnited States-based enterprises to




compete with foreign-based enterprisesin domestic or export markets. An RIAis a quantification of the potentialbenefits, costs, and economic impacts ofa rule.

The Agency estimated the costs oftoday's rule to determine if it is a majorregulation as defined by ExecutiveOrder 12291. The Agency expectstoday's rule to have an incrementalannual cost below $100 million. Also,the Agency does not believe the rulewill significantly increase costs forconsumers, individuals, industries,Federal, State and local governmentagencies, or geographic regions, or havesignificant adverse effects oncompetition, employment, investment,innovation, or international trade.

The Agency has performed anEconomic Impact Screening Analysis forthis rule. The Agency has not assessedbenefits but has rather focused itsanalyses on the costs and economicimpacts attributable to today's rule.

1. Cost Methodology

To assess the cost of today's rule, EPAdeveloped a cost methodology with fourmajor analytical concerns: (a) Petroleumrefining wastes, (b) remaining wastesaffected by the rule, (c) hazardousdebris, and (d) storage and treatment incontainment buildings. In this section,the Agency summarizes themethodology it adopted for each ofthese concerns. In addition, at the end ofthe cost methodology section, EPA alsolists several wastes included in today'srule which are not expected to beassociated with any regulatory impacts.

a. Approach for Petroleum RefiningWastes (F037 and F038). In the analysisof the compliance costs for thetreatment standards being set forpetroleum refining wastes, the Agencyfirst reviewed the work completed forthe listing of F037 and F038, which EPApromulgated in October 1990 (see 55 FR46386, subsequently referred to as theListing Rule or Listing RIA). 5 a EPAestimated in the Listing RIA that 470,000tons of F037 and F038 nonwastewaters(with an average water content of 55percent] were generated annually. TheAgency assessed compliance costs forthis volume under a compliancescenario that included LDR treatmentbefore land disposal because it believedthat the realistic post-regulatorymanagement practice after listing willinclude treatment. The LDR treatment

53 Regulatory Impact Analysis for the Listing ofPrimary and Secondary Oil/Water/SolidsSeparation Sludges from the Treatment of PetroleumRefinery Wastewaters, prepared for U.S. EPA,Office of Solid Waste, Economic Analysis Staff, byDPRA, October 1990.

scenario consisted of dewatering of thewaste followed by either incineration(on-site or off-site) or solvent extraction(on-site).

For today's rule, the Agency updatedthe F037 and F038 volume estimatesused in the Listing RIA based onadditional generation informationobtained as part of the capacitydetermination (see section VI.C for thecapacity analysis of F037 and F038).Based on this updated information, theAgency estimated that 223,000 tons ofF037 and F038 nonwastewaters aregenerated annually (with an averagewater content of 30 percent). EPAestimated that 56,000 tons per year ofF037 and F038 wastes were treated tomeet the treatment standards in thebaseline and that the industry will incurincremental costs in treating theremaining 167,000 tons.

Of the 167,000 tons of land disposedF037 and F038 requiring treatment, EPAestimated that roughly 17,000 tons (i.e.,10 percent) is land disposed inCalifornia. California has its own LDRprogram, under which F037 and F038waste are restricted from land disposalas of May 8, 1992. The California landban standards are substantivelyequivalent to those standards in today'srule. Thus, even if the Federalregulations are not promulgated, F037and F038 waste will be restricted in thisState. Therefore, EPA estimated thatonly 150,000 tons annually of F037 andF038 will require additional treatmentprior to land disposal as a result oftoday's rule. For its cost analysis, EPA isignoring the effect of the one-yearnational capacity variance beinggranted for this volume and ratherestimates the expected annualized costseveral years after the listing decision.

For the baseline scenario, the Agencyestimated that 96,000 tons per year (i.e.,64 percent) of the F037 and F038 wasterequiring additional treatment ismanaged on-site, and the remaining54,000 tons (i.e., 36 percent) is sent off-site. Of the waste managed on-site, theAgency estimated that 91,000 tons peryear (i.e., 95 percent) is managed usingland treatment, and 5,000 tons per year(i.e., 5 percent) is landfilled. All wastesdisposed off-site were assumed to go tolandfills.

For the post-regulatory scenario, theAgency assumed that 130,000 tons (i.e.,87 percent) of the 150,000 tons requiringadditional treatment will be treated on-site. Although the Listing RIA did notproject any volume of waste going to on-site cokers, information indicates that inthe post-regulatory scenario 34,000 tonsper year (i.e., 26 percent) of the F037 andF038 volume managed on-site will be

disposed of in such a manner, at a costof $200 per ton. The remainder of theF037 and F038 volume managed on-sitewas assumed to be split evenly betweensolvent extraction (48,000 tons per year,or 37 percent, at a cost of $500 per ton)and incineration (48,000 tons per year, or37 percent, at a cost of $400 per ton). Thepost-regulatory scenario assumeddisposal of residuals in subtitle Clandfills.

The Agency assumed that 20,000 tonsper year (i.e., 13 percent) of the 150,000tons requiring additional treatment willbe treated off-site. The Agencyestimated that 2,000 tons per year (i.e.,10 percent) of this volume will go toincineration, at a cost of $1,600 per ton,and the remaining 18,000 tons per year(i.e., 90 percent) will go to cement kilns,at a cost ranging from $700 per ton to$1,200 per ton. Although the Agencydoesn't expect large increases in cementkiln capacity, there is uncertainty aboutfuture prices charged by cement kilnsfor hazardous waste.

b. Approach for Remaining Wastes.To determine the cost and economicimpacts of the rule for newly listedwastes other than F037 and F038, EPAfirst identified the industries that will beaffected. The Agency analyzed theseindustries to determine the amounts ofthe affected wastes that they generate,how these wastes are currentlymanaged, and how these wastes willhave to be managed to comply with LDRtreatment standards.

The incremental cost of today's rulefor each waste was estimated bycomparing post-regulatory costs with thecosts of current, or baseline, conditions.EPA lacked site-specific wastegeneration data for this screeninganalysis. Accordingly, the Agencydeveloped costs for the baseline andpost-regulatory scenarios assuming off-site commercial treatment for all wastesincluded in the cost analysis, eventhough off-site treatment may not beused by all generators since it generallyis more expensive than on-sitetreatment.

The following paragraphs explain theapproach used to evaluate costs forwastes besides F037 and F038 affectedby today's rule.

(i) Newly Listed Organic Wastes. Allnewly listed organic chemical wastesaffected by today's rule-unsymmetricaldimethylhydrazine production wastes, 2-ethoxyethanol, dinitrotoluene andtoluenediamine production wastes,ethylene dibromide production wastesand methyl bromide production wastes,and ethylenebisdithiocarbamic acidproduction wastes-are land disposedin relatively small quantities. The



Fedm Rlester i/ Vol. 57, No. 160 1 Tuesday, August 18, L992 / Rates and Repla ns 3

basehine &or el sewy listed wastes wasdefined as emstimued land disposal inunits aeeting miinm technologictrequiremeats.

(i )o6L P9K £06. Today's ruleelimimats e low zinc subctegiy krK061 wates ma establisheen mmictreatment standak or all M0)1 basedon high enWeraetue metals recovery(HTMR,. Wasbes prevosly inchided inthe hi zinc suboaiegory of K61already had to meet reatment standaldsbased an HT R; -they are unaffecled bythis charge. Wastes previously includedin the low m, anbcetegory of K1061 hadto meet msic tiumdne standardsbased on aoilizaies. although in somecases lfTNh was beibg used.

EPA's cost analris ior Oweregulatorych.aerg to )I considered only the lowzinc submatory me wastes in thehigh nc mscteoy are not affectedby the rale. The Agency assumed thebaseline bor wates previously includedin the low zinc sduboaegory KWL isstabilizatii. The Agency assumed thatin the post-regulatory soemario managersof these wastes will use -ITMR.

Today's rile e"ablishes mnmerictreatment standatda based on HTMR asan allernative treat as tandard forK062 and 86. The Agency did notquantify the cost ,aped of the rule fworthese two wastes; it believed that anyoperator uing 8TI for K062 and FO0Mwagbe asig the technology onlybecause it is mare oost-effective thancurrent manigeaeit prcawes.

c. Approach firl.ramdu Debris. {ijPreviously Regaiaed l-azardous Debris.The Maiorit of bazardous debris -talready egulated ,under the Solventsand Dioxins. Caliornia list. mad the FirstThird. Seoond Third., 4ad Third ThirdLDR rides due 4o the waste code-carry-through pbrnc e. The waste oode-cany-through princip4le or mixture rule, statesthat a sWid waste mixed with a fistedhazardous waste bears Ie waste codeof the listed hamrdous waste.

For this knzewdous debris, which isalready restricted under the LDRprogram, the etandared in toeay's ruleare expected to be easier to inplementand less coetly th" kte previousstandards. As one coamenters tated, byspecif.jy invaltiple acoeptable BOATtechnologies for a given hazardouscontaminartcateg y and debris class,EPA has g vea the geaerators andtreatars a mumberfo ptioas to allowmore cAt-effeoive ad efficienttreatment ofhazardous .deris. Inaddition, the Agency is allowinghazardous debris lo be treated to meetthe existing LDR taadards establishedfor the lised wastes if &e mnagers ofhazardous debris #o desire.

To estimate the incremental annualcost of treating previously regulatedhazardous debris. PPA constraotedprobabilistic distributions of both thevolume of previously regtatedhazardous debris and the unit costs oftreating viaieus sukets of thi voihrmbefore and after the rule takes effect.EPA relied on the expert jdagmeat of itstechnical staff to collect the datanecessary kw this sep. EPA considemadthree sounoes of generation of previouslyregulated hazaidous debris: routinelygenerated debris (approximately 20percent of all previously reguiatedhazardous debris, debris generated atremedial actioans required by Federaland State regulations (approximately 30percent. mand debris generated atderoliion and constrnctim sites(app oximaey .50 percent). The holumesassociated wi eaci of these sowmeswere further divided based an otherconsiderations that woLd deeruinethetype and cost of the tecpnolkgy used totreat the debris.

EPA's approach for prewiouslyregulastd haza dons debris did not focson volume and cost estimates forspecific wastes or facilities. For this setof debris, estimates of'total volume andcosts were apportioned to -ets offacilities widh different debrisgeneration characteristics and differenttreatment patterns. EPA assumed that inthe baseline, incineration would alwaysbe used for debris contaminated withorganic wastes (estimated to be 20percent of previously regulatedhazardous debris, on average, for allsets of facilities); immobilization alwayswould be usd for debris contaminatedwith organic -wastes {estimated to he 20percent of previously regulatedhazardous debris, on average, -or allsets 'of faahties); and incinerationfollowed b, immobilization alwayswould be used for debris oontamiaatedwith both organic and inorganic wastes(estimated to be 40 percent -of previouslyregulated hazardous debris, on average.for all sets of facilities). la the post-regulatory scenarios, EPA assumed thatdebris oontamiaated with orSgaic.would be treated using inineation 20percent of the time and waslig theremaining 9 percent of the time, debriscontanimated with inorgea alwayswould be treated tsing immobilization[i.e., no chme Lra the baselinetreatmenit3 -and debrs -contaminatedwith both oTganic and kacuucs wouldbe treated using kiciaera tion followedby immdnilization 20 percent of the tineand washing followed by immobilization80 percent of the time. Cost information,presented in appendix C of the EIA wasgathered for the Phase I analysis ba-sedon industry contacts and professional

judgment The ranges used for the costsof incineration and washipg reflectedthat some debris treated with thetechnologies in the p$st-regulatoryscenario would be -exempted fromsubtitle C managesent

(ia) Newly lRegadated HwazadousDebris.1T gather information for its *ostestimate of Ireating debris contamin*aedwith wastes -ewly restricted undertoday', rule, EPA used an approachinvolvWig structured interviews withrecognived emperts in the area ofhaz, dmi debris olumes andtreatment %chnoiegies. An irtegrel partof these interviews was identifying theunoerintis associ ted with estimatesof future hazardoms debris generationrates and treatmen 'tcosts.

EPA first identified individuals withexpert knowledge of the industriesgenerating and managing newlyregulated hazardous debris. EPAidentified nine experts. Four of theseexperts were senior environmentalmanagers associated wilh several of the14 organlc chemical Facilities thatpotentially could Sgaerate debriscontaminaled vith organic chemicalproduction wastes regulated by today'srule. The remaining five experts weresenior environmental managersassociated with several of the over 190petroleum refineries that couldpotentialy generate debriscontaminated with F037 and F03&.

The aeacy then developed prcolsfor .tnotvred iaterviews with theexperts who lad been identified. TheAgency's protocol was similar instructure to those vaed by Stanford/SRI 5 4 and Marew and Henrion,5although it was substantiallyabbreviated due to time vonstraints. Theprotocot involved five basic stages.These stages cod be described as: (1)Motivating, (24 str turi , f3) deaing,(4) encoding, and -(51 werifyie&g

Two individuals conducted eachinterview, one a proiBsionalt facilitatorand the oter an oraeieer with expertisein the indugy being regulated.Interviews typically lested one hour,during which time hormation onhazardes debris %olumes endincremental treatumpt cots wassolicited. Werviewers strssed thatranges should be supplied rather then

"'See: Spetzler, CS. and Steal Von Holstein. C.-A.S.. "'Prtbn'bit4y Encoding in Decision Anelysif'.Manapenteaticn ace. %W. 22, No. .3.4od Stsel VonHolstein, C.-AS. ,arod 44whoso, I.E., A Manuel forEncoihgg Poablity. Dj iulations. SWInternational, Palo Alto, CA., 1979.

55 Morgan. M.G. and Henrioe M., Uncertainty: AGuide teOeefing ith 'Une'tafty in QuantfitaiveRisk and Polict Anayp, Cambid~e: CmabridgeUniverf ,Press. 1'50.

Ill I I I

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point estimates, and they requested thatexperts provide percentile probabilitiesfor these ranges.

After the Agency had collectedinformation from experts, it aggregateddata and generated cost results in termsof ranges that reflected the uncertaintyof the analysis. EPA used a probabilisticmodel to develop volume and costestimates. The Agency produced overallvolume and cost estimates for the newlyregulated debris treatment standardsbased on the medians of data; it alsogenerated ranges of volumes and coststhat have a 98 percent likelihood ofcontaining the true values. EPAanalyzed volumes and costs separatelyfor the petroleum refining industry,which will generate debriscontaminated with F037 and F038, andthe organic chemicals industry, whichwill generate the remainder of debriseffected by the rule.

d. Methodology for AssessingRegulatory Impact Due to Storage andTreatment in Containment Buildings. Asa result of today's rule, containmentbuildings could be used as a method ofwaste management. They potentiallycould provide regulatory relief to theregulated community. Accordingly, theAgency assessed the potential costimplications of using these units. In itsassessment, EPA considered industriesthat will use containment buildings forstorage of bulk wastes and treatment ofcontaminated debris.

(i) Industries and Wastes PotentiallyUsing Containment Buildings for Storageof Bulk Wastes. EPA believes that twoprimary categories of facilities currentlyuse structures very similar tocontainment buildings for storage andare likely to convert to use ofcontainment buildings in the future:mineral processing and metal recyclingfacilities. Within the mineral processingcategory, the Agency believes thatgenerators of aluminum potliners will beparticularly affected by the provision.Within the metal recycling category, theAgency believes that brokers ofbatteries, battery recyclers (i.e., leadsmelters), and generators and recyclersof dust and ash from primary steelproducers will be particularly affected.The Agency bases these beliefs on areview of the waste volumes theseindustries generate and comments that ithas received on industrial practices. Inaddition, the Agency received extensivepublic comment from representatives ofthe three industries, thus enabling theAgency to perform a more detailedanalysis of these industries than of otherindustries.

In the case of aluminum potliners,EPA is assuming that aluminumfacilities already have Subtitle C storage

permits, since potliners are currentlybeing stored on-site in waste pilespending bulk shipment off-site. Becausewaste piles are a form of land disposal,if there was no containment buildingprovision, in order to comply with theLDRs EPA believes that large facilitieswill have revert to sending potliners off-site at the time of generation. Thischange in practices would result inhigher transportation and disposal costs,given the increased frequency ofshipments. Today's containmentbuilding provision will allow largegenerators of spent aluminum potlinersto continue their present managementmethods even after treatment standardsare set for K088.

In the case of the lead acid batteryrecovery industry, the Agency believesthat brokers of lead acid batteries andrecyclers of lead acid batteries will bethe primary parties affected by thecontainment building provision.Attempts to handle furnace feedmaterials differently have provenunsuccessful and to date remaininfeasible. Because EPA considers thestaging of furnace feed materials in thefurnace feed areas as land disposalunder the LDRs, bulk storage would beprohibited unless the materials are firsttreated. Thus, if containment buildingswere not excluded from LDR regulation,generators would have to seek treatmentalternatives, such as off-sitestabilization, that might be moreexpensive than lead recycling and thatdo not promote resource recovery.Today's provision will allow brokersand secondary smelting facilities toaccumulate sufficient quantities to allowfor more efficient shipment andprocessing.

Lastly, with regard to the primarysteel production industry, steel facilitiesstore, and sometimes treat, productiondust, primarily K061, in order to lowerthe cost of waste management throughwaste accumulation. As in the leadsmelting industry, attempts to handlefurnace feed materials differently areinfeasible. If generators are not able tostore waste to facilitate transportationand treatment, they would have to seekmanagement alternatives, such as off-site stabilization, that would remainfeasible if waste had to be sent off-siteimmediately after generation. Thesealternatives might be more expensivethan HTMR. The Agency believes thatboth generators of K061 and HTMRfacilities could take advantage of thecontainment building provision andcontinue to store wastes in the presentmanner.

The Agency recognizes the possibilitythat small generators and recyclers ofbulk hazardous waste may not recognize

as significant regulatory relief from thecontainment buildings provision aslarger generators. Small generators areless likely than larger generators to haveexisting structures which are similar indesign to containment buildings, andsmall generators may not generateenough waste to fully capitalize acontainment building. The Agencybelieves that many small generators andrecyclers of all types of bulk hazardouswaste presently use concrete storagebins that are regulated under RCRA astanks (and thus are granted a 90-daystorage exclusion from the LDRs}.Storage in concrete bins is possible forsmall generators and recyclers becausethey do not need the large areas to storeand monitor their hazardous waste. Forexample, a small generator of alunrinumsmelting waste may store its spentpotliners, each weighing about 10 tons,in a tank-like concrete bin. Because ofthis use of concrete bins, the Agencybelieves that many small generatorsalready enjoy the exclusion from theLDRs that use of containment buildingswould provide.

On the other hand, the industrialpractices of large generators andrecyclers often necessitate the use oflarge containment buildings. Largealuminum smelting facilities are likely togenerate spent potliners weighing anorder of magnitude more than those ofsmall generators (e.g., 150 tons versus 10tons) and thus they could takeadvantage of the increased storagecapabilities of large containmentbuildings. Large recyclers often requirelarge areas for proper monitoring andpreparation of waste, and also couldbenefit from the containment buildingprovision. For example, large recyclersof lead smelting require substantialstaging areas to achieve time-efficientand proper draining of lead waste from"cracked" batteries. Large facilities arethe primary facilities likely to gaineconomies of scale in the transportation,treatment, and disposal costs from thecontainment building provision. As aresult, the Agency believes that largevolume managers of wastes, such asthose found in the three industries beinganalyzed, will realize significantbenefits from the provision, while smallvolume managers will not.

For this reason, as well as the factthat the scarcity of data on smallerfacilities does not permit a meaningfulanalysis, the Agency has focused itsanalysis on large generators. TheAgency acknowledges that otherindustries besides the three beingconsidered could profit from thecontainment building provision. TheAgency, however, is using the analysis



Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and' Regulations 37259

of these three industries to gain anunderstanding of the economicimplications of containment buildings inuse for storage of wastes.

(ii) Facilities Potentially UsingContainment Buildings for Treatment ofHazardous Debris. In addition toanalyzing the use of containmentbuildings in the aluminum smelting.secondary lead smelting, and steelproduction industries, the Agencyassessed the effects of the provision onfacilities generating hazardous debris.To analyze the potential cost savingsassociated with treatment incontainment buildings, EPA assumed inlieu of the today's rule, that facilitieswould treat hazardous debris off-site:the Agency assumed that under thecontainment building provision intoday's rule, facilities will treat debrison-site inside containment buildings.The Agency used a weighted average ofcommercial on-site and off-siteextraction and immobilization costs forits cost comparison and took intoaccount the cost of constructing andoperating a containment building.

e. Wastes Not Considered. The costsassociated with two groups of wastes--Fool through F005 spent solvents and 24K- and U-wastes with wastewaterstandards based on scrubber waters-

were not quantified by the Agency inthis screening analysis. The Agency hasregulated these wastes previously and isrevisiting them in the rule only to modifythe basis for concentration standards.The modifications are for the purpose ofstandardization in testing proceduresand in the basis for treatment standardsand for the purpose of clarification toensure appropriate placement in theCode of Federal Regulations. Thesemodifications will not change therequired management practices for anyof these wastes sigificantly. Thus, theAgency expects such changes to have nosignificant cost impacts.

2. Cost Estimates

a. Total Cost Estimate. The estimatefor the incremental annual cost of thestandards promulgated in today's rule is$57 million to $65 million per year.5 6

Table IX-1 presents quantities of thewastes affected by today's rule. The

se Wastewaters account for none of the cost oftoday's rule. No compliance costs are expected fortreatment of wastewaters because wastewaters aretypically discharged to publicly owned treatmentworks (POTWs) or to coastal and inland waterwaysunder National Pollution Discharge EliminationSystem (NPDES) permit provisions. Whenwastewaters are discharged in this manner, they arenot subject to the treatment standards required bythe LDRs under RCRA.

estimated cost of compliance with therule for each waste is presented in TableIX-2. Neither table includes F001through F005 spent solvents or the 24 K-and U-wastes covered by today's rulebecause the effect of the rule on thesewastes is negligible, as explained inSection IX.1.e.

b. Waste Code Cost Estimates. (i)Petroleum Refining Wastes (F037 andF038). The Agency estimates the totalincremental annual cost for treatment ofF037 and F038 nonwastewaters to rangebetween $40 million and $47 million.This figure is based on an annual F037and F038 land disposed volume of130,000 tons per year in States otherthan California. In the upper bound ofthe cost range shown for F037 and F038,35 percent of the post-regulatory costare from off-site treatment. The highcement kiln price used in this analysis,$1,200 per ton, is expected to be anoverestimate of the long-term price fortreatment In cement kilns. Presently,cement kilns appear to be charging ratesslightly below those charged byincinerators; as more cement kilns areable to handle wastes their pricesshould decrease. Because of the highprices charged by cement kilns, theAgency has analyzed the costs for F037and F038 in a range, as shown above.

TABLE IX-1 .- SUMMARY OF ANNUAL QUANTITIES OF WASTES AFFECTED BY THE LDRS

waste Annual land disposal rate Form of waste Gaon y Assumed managementaffected method

Petroleum refining sludges (F037 and F038) .............................. 130,000 tons of routine y Dewatered sludge... Routine ..................... Solvent extraction;generated waste currently incineration; cementland disposed, excluding kilns.waste generated In Califor-nia.

Unsymmetrical dimethylhydrazine production wastes (K107- No longer produced .................Kl10).

2-Ethoxyethanol (U359) ................................................................... <500 tons .............. I .............. Nonwastewater . Routine ..................... Incineration or fuelsubstitution.

Dinitrotoluene and toluenediamine production wastes (K111 3,500 tons-Kill, 0 tons-- Nonwastewater ........ Routine ..................... Incineration.and K112, U328 and U353). K112, <500 tons of U328

and U353.Ethylene dibromide (EDB) production wastes (K117, K118, <100 tons-K118, <100 Nonwastewater ........ Routine ..................... Incineration.

and K136) and methyl bromide production wastes (K131 tons-K132.and K132).

Ethylenetlsdithiocarbamic acid (EBDC) production wastes <100 tons-K125..................... Nonwastewater ........ Routine ..................... Incineration.(K123, K124, K125, and K126).

Electric arc furnace dust (KO6t) .................................................... 67,000 tons of low zinc Solid .......................... Routine ..................... High temperature metalsK061 a. recovery.

Debris contaminated with newly listed wastes b .......................... XXX tons ............... Solid ........... Routine and Destruction;intermittent, immobilization;

extraction.Previously regulated debris ............................................................. 1,000,000 tons ...................... Solid........... Routine and Destruction;

intermittent, immobilization;extraction.

Of the set of wastes potential affected by a new BDAT for wastes with high chromium and high nickel content (including K061, K062, and F006), the Agenctis considering K061 only. The quantity given for K061 is based on the generation quantity instead of on the quantity that is land disposed.

b The quantity presented here for newly regulated debris is an estimate pending completion of the Agency's analysis for hazardous debris.




TABLE IX-2.-SUMMARY OF ANNUAL COSTS OF LDR PHASE I WASTES

[In millions of dollars per year]

Waste Post regulatory Baseline costs * Incemental costsWastecosts

Wastes with Positive Incremental Cost:Petroleum refining sludges (F037 and F038) .............................................................................................. 58 to 66 b 18 40 to 47Unsymmetrical dimethythydrazine production wastes (K 107-KI 10) ................................... 0 0 02-Ethoxyethanol (U359) .............................................................................................. : ................................ 0.4 0.1 0.3Ditrotoluene and toluenedamine production wastes (Ki 1 and K1112, U328 and U353) .................. 7 1 6Ethylene dibromide (EDB) production wastes (K117, K118, and K136) and methyl bromide

production wastes (K131 and K1.32) ........................................................................................................ 0.3 <0.1 0.3Ethyleneblsdithiocarbamic acid (EBDC) production wastes (1<123, K124, X125, and K126) ............... 0.2 0.1 0.2Debris contaminated with newly listed wastes ............................................................................................ 15 5 10

Total for newly listed wastes ..................................................................................................................... 81 to 89 24 57 to 65Wastes with Negative Incremental Cost:

Electric arc furnace dust (KO61) .................................................................................................................. 19 30 (11)Previously regulated debris .......................................................................................................................... 970 1,600 (560)

1 Baseline assumes all waste is landfilied, except for previously regulated debris.b The range of costs shown represents a unit price for. cement kilns of between $700 per ton and $1200 per ton. This range is reflected in the total costs

shown for each column as well.

(ii) Wastes from the Production ofUnsymmetrical Dimethylhydrazine(K107-K110). The Agency did notcalculate costs of treatment standardsfor wastes from the production ofunsymmetrical dimethylhydrazine(UDMH) (K107, K108, K109, and Kl0).This decision was made based oninformation that these wastes are nolonger generated.

(iii) 2-Ethoxyethanol Wastes (U359).The Agency estimated an incrementalannual cost of $700,000 for the standardsdeveloped for these wastes. This cost isbased on an upper bound assumption ofincineration of 500 tons annually.

(iv) Wastes from Production ofDinitrotoluene and Toluenediamine(Klll and K112, U328 and U353). TheAgency estimated an incrementalannual cost of $6.1 million for thestandards developed for these wastes.This figure is based on an annual landdisposal estimate of 3,500 tons of Klllnonwastewater, an upper boundassumption of 100 tons of K112nonwastewater, and an upper boundassumption of 500 tons of U328 and U353combined.

(v) Wastes from Production ofEthylene Dibromide (EDB) (K117, K118,and K136). The standards for thesewastes have an estimated incrementalannual cost of $300,000. This figure isbased on upper bound assumptions of100 tons of K118 nonwastewater and 100tons of K132 nonwastewater requiringincineration.

(vi) Wastes from Production ofEthylenebisdithiocarbamic Acid (EBDC)(K123-K126). The incremental annualcost estimated for these wastes is$150,000. This figure is based on anupper bound assumption of 100 tons ofK125 nonwastewater requiringincineration.

(vii) K061, F006, K062. The onlypreviously regulated wastes revisited intoday's rule for which the Agencydeveloped cost estimates are K061 low-zinc wastes. (As discussed above, thestandards for F006 and K062 areexpected to have no incremental costsassociated with them.) The standardsfor K061 wastes are based on hightemperature metals recovery (HTMR).These standards, as applied to K061,could save industry up to approximately$11 million annually (i.e., The standardsin today's rule are potentially less costlythan the existing standards.). This figureis based on an annual generationestimate of 67,000 tons. The Agency hasused a generation estimate rather than aland disposal estimate for this wastebecause of the high level of uncertaintyregarding the quantity of low zinc K061that is currently treated using HTMR.The effect of using a generation estimateof the K061 volume is that the costsavings presented is likely to be anover-estimate of the true cost savings forthese standards.

c. Results for Hazardous Debris.There are two groups of hazardousdebris in this rule. The first groupincludes all previously regulatedhazardous debris: Debris contaminatedwith wastes regulated under theprevious HSWA land disposalrestriction rules (i.e., Solvents andDioxins, California List, First Third,Second Third, Third Third rules). Thesecond group of hazardous debrisincludes debris contaminated withwastes newly regulated under today'srule (e.g., F037).

(i) Previously Regulated HazardousDebris. As of May 8, 1992, all of thenational capacity variances for thedebris regulated in the HSWA landdisposal restriction scheduled wasterules will expire. (If the Agency

proceeds with the planned nationalcase-by-case variance, this date wouldbe extended to May 8, 1993.) Allpreviously regulated hazardous debriswould then be required to meet theexisting standards for debris establishedin the scheduled waste rules. Since theAgency is interested in long-termtreatment costs, its analysis does nottake into account the effect of thenational capacity variance on treatmentof hazardous debris.

Standards for debris established intoday's rule allow considerably moreflexibility in debris treatment than didthe standards established in the LDRscheduled waste rules. In addition,today's standards provide for the use ofmany more extraction technologies fortreatment then the HSWA standards;extraction technologies often can becheaper to use than the destruction andimmobilization technologies that arerequired under current regulations.Furthermore, today's treatmentstandards allow debris treated bydestruction and extraction technologiesto be excluded from subtitle C disposal.Therefore, EPA estimates that today'sstandards for previously regulateddebris will result in a potentialregulatory relief to industry. The Agencyestimates baseline costs, costs of debristreatment and the prior land disposalrestrictions rules after all variances areexpired to be $1,600 million per year,under this rule the costs would bereduced by $560 million per year to $970million. It should be noted that if there isa portion of the previously regulateddebris volume which would begenerated and managed only during theperiod of the national capacity variance,to the degree that this portion isreflected in the cost savings presented,these savings would be over-estimated.




One issue should be noted, however,regarding the baseline for previouslyregulated debris. The standard baselinein cost analysis is formulated as thescenario of existing managementrequirements in the absence of a newrule. In today's rule, the volume ofpreviously regulated debris is currentlyunder a capacity variance. In theabsence of today's rule, once thevariance expires, treatment according toexisting standards is required.Therefore, the baseline used in the costanalysis is the existing standards. 57

However, since most hazardous debrisis currently under the national capacityvariance, treatment of hazardous debrisis not generally occurring. Therefore, thebaseline being used does not reflectcurrent debris management practices.Yet, in keeping with standard regulatoryanalysis procedures, the Agencybelieves it to be appropriate to analyzecosts for the volume of previouslyregulated debris based on a baseline ofcompliance with existing standards.

(ii) Newly Regulated HazardousDebris. The results of EPA's analysisindicate that the volume of hazardousdebris newly regulated by today's rulehas a 98 percent likelihood of fallingbetween 18,000 and 119,000 tons peryear and the corresponding incrementalcost of managing this waste has a 98percent likelihood of falling between$3.8 million and $120 million per year.The median annual incremental cost fortreating newly regulated debris was $10million. For purposes of determiningwhether today's rule is a major rule asdefined by Executive Order 12291. EPAhas used the median volume and costresults from its analysis.

The volume of debris contaminatedwith F037 and F038 has a 98 percentlikelihood of falling between 13,000 tonsper year and 24 million tons per year inthe long term future (i.e., more than fiveyears after promulgation of today's rule).The incremental annual cost of treatingthis debris has a 98 percent likelihood offalling between $1.2 million and $5.8million. The median incremental cost oftreating F037 and P038-contaminateddebris in EPA's analysis was $3.1million. EPA acknowledges that in theshort-term future (i.e., in the first fiveyears after promulgation), thecompliance costs of treating debris

b7 It should be noted that due to the limited dataavailable for the cost analysis for the previous LDRrules, the hazardous debris volumes estimated bythe Agency were small in comparison to thepreviously regulated contaminated debris volumeestimated for today's rule. EPA believes that itunderestimated compliance costs for hazardousdebris treatment under the previous LDR rules dueto this lack of data.

contaminated with F037 and F038 willbe much higher.

The volume of debris contaminatedwith newly regulated organic chemicalwastes has a 98 percent likelihood offalling between 3,400 tons and 98,000tons per year in the long term future.The incremental annual cost of treatingthis debris has a 98 percent likelihood offalling between $1.4 million and $120million. The median incremental cost oftreating debris contaminated with newlyregulated organic waste was $7.1million.

d. Cost Savings From Storage andTreatment in Containment Buildings.The Agency lacked information withwhich to infer the typical dimensions ofa containment building used to treatcontaminated debris; therefore, thesame size containment buildings wereused for the analysis of treatmentcontainment buildings as were used forthe storage containment buildinganalysis. The calculations indicate thatuse of containment buildings designedto store the typical waste quantitiesassociated with the three industriesconsidered and to treat contaminateddebris could result in significant costsavings. Please see the EIA for completeresults from the Agency's analysis.

To arrive at the estimates of costsavings, the Agency calculated theannualized costs of containmentbuildings. All costs were estimated asthe present value of the capital andrecurring costs incurred by facilitiesover an assumed 20-year operating life.The present value costs was thenannualized over 20 years to arrive atequal annual payments. Implicit in thisapproach is the assumption thatfacilities will be able to smooth outanticipated costs with some form offinancing over a 20-year period. Threeand seven percent social discount rates,assumed constant for 20 years, wereused to calculate the annualized costs.

In addition to estimating the overallincremental cost savings of thecontainment building provision, theAgency addressed three, other issuesassociated with containment buildings:the costs of retaining corrective actionauthority of the containment buildings.costs of recordkeeping, and costs ofengineered barriers required for liquidsand dust.

Under today's rule, corrective actionauthority will be extended to permittedcontainment buildings; corrective actionauthority will not be extended tounpermitted containment buildings (i.e..those buildings under the 90-daygenerator exemption from permitting).The Agency assumes that only facilitiesthat already have RCRA permits will

choose to construct permittedcontainment buildings and that allcontainment buildings constructed atfacilities without existing RCRA permitswill be unpermitted (i.e., they will not beaffected by the corrective actionprovisions in today's rule). Based onthese assumptions, the Agency does notbelieve that today's provision willproduce any incremental costs orbenefits with regard to corrective actionauthority.

The Agency believes therecordkeeping requirements of today'sprovision will have little impact onindustries choosing to use containmentbuildings. The Agency assumed thatannual recordkeeping costs range from$1100 to $33,000/facility, depending onthe volume of waste managed.

In addition to quantitative estimatesof recordkeeping costs, the Agencyqualitatively assessed the benefits ofrecordkeeping requirements forcontainment buildings. The Agency -

believes the costs are justified given thepotential benefits that the public mayincur.

Recordkeeping establishes adequateinspection plans to ensure that the unitis operating as designated. This goal isachieved through the establishment ofan inspection program that ensures thestructural integrity of the unit andprompt detection of any leaks orreleases. As discussed in section IV.G,the Agency is requiring an inspectionschedule for these units whereby, atleast once each week, monitoring andleak detection equipment, thecontainment building, and the areasurrounding the containment building ischecked to ensure the unit is beingproperly operated and that no leaks orreleases have occurred.

The Agency believes such controls arekey to providing simple, yet adequate,,maintenance of facilities to preventdetrimental releases of hazardouswaste. In addition, monitoring buildingsand wastes releases facilitates theAgency's enforcement actions.

The Agency does not believe thatfacilities will be significantly affected bythese requirements. It is the Agency'sunderstanding that the majority offacilities already have, or could -easily,modify their existing operations to addthese recordkeeping measures. TheAgency notes that large facilities are themost likely to use containment buildingsand believes that these facilities will beable to incorporate additionalrecordkeeping into their presentoperations with relatively little cost.

The final issue the Agency analyzedwith regard to containment buildingswas costs associated with engineered

37261




barriers and fugitive dust emissioncontrols. The annualized cost (i.e.,assuming social discount rate of threepercent and cost annualized over 20years) for secondary containmentranged from $7,000 to $23,000 per yearfor systems for 50' x 30 containmentbuilding and 340' x 200' buildings,respectively. Fugitive dust controlranged from approximately $3,000 for a50' x 30 building to $30,000 per year fora 340' x 200' structure. (The buildingdimensions are representative ofpossible containment structures for allof the three industries.)

Given the results of the analysispresented in this section, the Agencybelieves that the containment buildingprovision will provide regulatory reliefto large facilities, while having little tono impact on small facilities. TheAgency believes that facilities in themineral processing and recyclingindustries are particularly likely tobenefit from this provision.

3. Economic ImpactsA full economic impacts analysis was

not performed because of a lack of datain many areas. The Agency, however,qualitatively assessed the economicimpacts attributable to today's rule.

a. Petroleum Refining Wastes (F037and F038). The Listing RIA consideredthe economic impact of the F037 andF038 listing in light of anticipated landdisposal restrictions on these wastes.The impacts estimated in the Listing RIAwere driven by facility costs and theeconomic viability of facility owners.The results of the Listing RIA'seconomic impacts analysis aresummarized below.

In the Listing RIA, two to five percentof the refineries (depending on the costscenario) had cost impacts greater thanone percent of sales. (Cost impactsexceeding one percent of sales can beviewed as an indicator of potentiallysignificant economic impact.) Slightlyunder two percent of the refineries hadcost impacts that exceeded two percentof sales under the high-cost scenario,indicating more severe economicimpacts. Nine out of ten affectedrefineries in the high-cost scenario hadcosts below 0.5 percent of sales, andover three-quarters of the refineries fellbelow 0.25 percent, indicating nosignificant impacts.

The analysis of small entitiespresented in the Listing RIA'indicatedthat there were potentially seven non-integrated refineries (i.e., refineries thatdid not produce their own crude andmarket their own products) with cost-to-sales ratios greater than one percentunder the high-cost scenario. A furtheranalysis of employment effects and

potential closures was not possiblebecause of insufficient financial data forindividual refineries.

EPA compared the incrementalcompliance cost for the F037 and F038standards in today's rule with that of theListing Rule. The Agency found thattoday's rule will have an incrementalcompliance cost for F037 and F038waste, including both nonwastewaterand hazardous debris, of between $49million and $58 million, while the ListingRIA estimated an incremental annualcompliance cost of $53 million to $102million. Based on its qualitativeanalysis, EPA believes that theeconomic impacts of today's rule will beless than the impacts estimated by theListing RIA.

b. Remaining Wastes. Considering theeconomic impacts of LDRs for the newlylisted organic wastes other than F037and F038, the Agency estimated thecosts associated with all wastes to beinsignificant, with the possibleexception of dinitrotoluene andtoluenediamine production wastes. TheAgency, however, did not have the datato examine these economic impacts.

A quantitative assessment of theeconomic impacts associated with thehazardous debris standards was notpossible because of data limitations.The Agency does not havecomprehensive site-specific informationon the volumes of previously regulatedor newly listed hazardous debris.

The Agency expects that the impactsfor previously regulated debris will notbe significant since the revisedstandards are likely to be no morecostly, and in some cases less costly,than the standards which currentlyexist. The impacts of the rule on newlyregulated hazardous debris areuncertain. The estimated incrementalcost for these standards is expected torange between $3.8 million and $120million annually. If a relatively largenumber of facilities bear the burden ofthis cost, it is likely that these standardswill not have a significant impact.

B. Regulatory Flexibility Analysis

Pursuant to the Regulatory FlexibilityAct of 1980, 5 U.S.C. 601 et seq.,whenever an agency publishes a noticeof rulemaking, it must prepare and makeavailable for public comment aRegulatory Flexibility Analysis (RFA)that describes the effect of the rule onsmall entities (i.e., small businesses,small organizations, and smallgovernmental jurisdictions). Thisanalysis is unnecessary, however, if therule is estimated not to have asignificant economic effect on asubstantial number of small entities.

According to EPA's guidelines forconducting an RFA, if over 20 percent ofthe population of small entities is likelyto experience financial distress basedon the costs of the rule, then the Agencyconsiders that the rule will have asignificant impact on a substantialnumber of small entities, and mustperform an RFA. The Agency hasvirtually no data on small entitiesaffected by today's rule. Because of thelow incremental costs incurred for thenewly listed waste standards, theAgency believes that the only area ofpotential importance is the hazardousdebris treatment standards. Thepreviously regulated debris standards,being potentially a regulatory relief, are,for this analysis, considered to not havean effect on small entities. For the debriscontaminated with newly listed wastes,the impacts to small facilities areuncertain, although may be significant.Therefore, although insufficient datawas available to make a determination,the Agency estimates that there are notsignificant impacts on over 20 percent ofthe population of small entities based onthe costs of the rule, so the Agency hasnot conducted an RFA for today's rule.

C. Paperwork Reduction Act

The information collectionrequirements for newly listed wasteswere promulgated in previous landdisposal restriction rulemakings andapproved by the Office of Managementand Budget (OMB) under the PaperworkReduction Act (PRA), 44 U.S.C. 3501 etseq. and have been assigned OMBcontrol number 2050-0085. A copy of theInformation Collection Request (ICR)document (ICR #1442.03) may beobtained from Sandy Farmer,Information Policy Branch, EPA, 401 MStreet SW. (PM-223Y), Washington, DC20460 or by calling (202) 260-2740.

The new information collectionrequirements and revisions to existingrequirements in this rule will besubmitted for approval to OMB underthe PRA. These requirements are noteffective until OMB approves them anda technical amendment to that effect ispublished in the Federal Register.

Send comments regarding the burdenestimate or any other aspect of thiscollection of information, includingsuggestions for reducing this burden, toChief, Information Policy Branch, PM-223Y, U.S. Environmental ProtectionAgency, 401 M Street SW., Washington,DC 20460; and to the Office ofInformation and Regulatory Affairs,Office of Management and Budget,Washington, DC 20503, marked"Attention: Jonathan Gledhill."



Fedwal Registe / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulaions 3

List of Subjects

40 CFR Part 148

Administrative practice andprocedure, Hazardous waste, Reportingand recordkeeping requirements, Watersupply.

40 CFR Part 265

Administrative practice andprocedure, Confidential businessinformation, Bazardous waste.

40 CFR Part 2.81

Hazardous waste, -Recycling,Reporting and -ecordkeepingrequirentents.

40 CFA Part 262

Exports, Hazardous materialstransportatio HaraTrdous waste,Imports, Labeling, Packaging andcontainers, Riepiting and recordkeepingrequiremnts.

40 Q7? Part 264

Air pollution control Hazardouswaste. insumace, Packaging andcontainers, Raeporting and recorlkeepingrequirements. Security measures, Suretybonds.

40 CFR Part 265

Air pollution control, Hazardouswaste, Insurance, Packaging andcontainers, Reporting and recordkeepingrequirements, Security measures, Suretybonds, Water supply.

40 CFR Part 268

Hazardous wese, Reporting andrecordkeeping requirements.

40 CFR Part 270

Administrative practice andprocedure, Cksifidential businessinformation, Hazardous materialstransportation, Hazardous waste,Reporting and recordkeepingrequirements, Water poltution control,Water. supply.

40 CFR Part 277

Administrative practice andprocedure, Confidential businessinformation, Hazardous materialstransportation, Hazardous waste,lndians-land, Intergovernmentalrelations, Penalties, Reporting andreoordkeeping requivements, Waterpollution control, Water supply.

Dated: June 30. 1992.William K. Reilly.Administrator.

For the reasons set out in thepreamble, title 40. chapter I, of the Codeof Federal Regulations is amended asfollows:

PART 148-44AZARDOUS WAVTEINJECTIORESUC$IOS

1. The authority citation for part 148continues to read as follows:

Andmitor Section 3004, ResoureConservation and Reavery Act, 42 U.S.C.6901 at. seq.

2. Section 145.17 is added to subpart Bof part 148 to read as follows:

§ 148.17 Wafste spefic prohlbitiens;newly listed wastes.

(a) Effective Novembar 9, 1992 thewastes specified in 40 CFR part 2Q1 asEPA hazardous waste numbers F037,F038, Kit7. K10SKJO,. KIU, Kill,K112, K117. K8,.K123,6112 K225,K126, K131, K=28, U328, U353. and U359are prohibited from undeurgoundinjection.

(b) Effective June 30, 195, the wastesspecified in 40 CFR part 261 as EPAHazardous waste numbers K117, Kl18,K13L and K132 are prohibited fromunderground injection.

fc) The requirements df paragraphs fa)and {b) of this section do not apply:

(1) ff the wastes meet or are treated tomeet tke applicable standards specifiedin subpart D of part 268; or

(2) If an exemption from a prohibitionhas been granted in response to apetition under subpart C of this part; or

(3) During the period of extension ofthe applicable effective date, if anextension has been granted under§ 146.4 of this part.

PART 260-AZABOOUS WASTEMANAGEMENT S ISrEM:Q NESBL


Authority: 42 U.S.C. 6, 6912(a), 1921-6817,6930,693, 6935, 837, 6936,69039, and6974.

4. In § 260.10, a definition for"containnent building" is added inalphabetical order and the definitions of"misoellaneous unit" tnd "pile" arerevised to read as follows:

§ 260.10 Definitions.

Containment building means ahazardous waste management unit thatis used to store or treat hazardous wasteunder the provisions of subpart DD ofparts 264 or 265 of this chapter.

Miscellaneou aait means ahazardous waste management unitwhere hazardous waste is treated,stored, or dispoed of and that is not acontainer, tank, surface impoundment,pile, land treatment unit, landfill,incinerator, boiler, industrial furnace,underground injection well with

apprapriate te hnioal standards under40 CFR part -146, io.ataiunmett building,or unit ehible for a researck,development, and desauratian permitunder § 2761A ofthis chapter.

Pile means any non-mrntainerizedaccumulation ioflid, nonflowinghazardous waste that is used fortreatmen or iturage and thet is not acontaiirment'building.

PART 261-EN TfCATtff ANDLISTING VF 1AZADOI S WASTE

5. The authority citation for part 261continesle read as follows:

AodwrK3- 42 U.S.C. 6905, Sl1, a). 6921.62. and 1996.

6. In § 261.3 paragraphs [a)[2)(iii) and(c)(2)(ii)(C) ace revived and paragraph (f)is added toreid as fallows:

§ 261.3 Definition of Imzardous waste.

(a) * * *

(2) * * *(iii) It is a mixture of a solid waste

and a hazardous waste that is listed insubpart D of this part solely because itexhibits one or more of thecharacteristics of hazardous wasteidentified in subpart C of this part,unless the resultant mixture no longerexhibits any characteristic of hazardouswaste identified in s al~rt C of thispart, or unless the solid waste isexcluded from regulation under§ 21l.4(b)(7) and the resultant mixtureno longer exhibits any characteristic ofhszrdous waste identified in subpart Cof this part for which the hazardouswaste listed in subpart D of this partwas listed. (However. nonwastewatermixtures are still subect to therequirements of part 28 of this chapter,even if they no'longer exhibit acharacteristic at the point of landdisposal).

(c) * * *(2)**(ii) . ..

(C)(1) Nanwasewa:residues, audhas slag, resulting from high terperatmemetals rewery(HIV}R) piwoesing ofK061. K 8 or I6 wte, in unitsidentified as roteary kilri. ame reactors,electric inmacm plasmna arc funoes,slag reactor,robtry ieath lfumaoe/electric fwnaoe cmbinuations orindustrial furnaces fas,defined inparagrapl).O4(7, mad (18)o a-thedefinitionfar "Industrial furoace" in 40CFR 260.fetiata edaispoed in miitieD unih;e.pwided!iha them residuesmeetthe generic exdclwm leveb




identified in the tables in this paragraphfor all constituents, and exhibit nocharacteristics of hazardous waste.Testing requirements must beincorporated in a facility's wasteanalysis plan or a generator's self-implementing waste analysis plan; at aminimum, composite samples ofresidues must be collected and analyzedquarterly and/or when the process oroperation generating the waste changes.Persons claiming this exclusion in anenforcement action will have the burdenof proving by clear and convincingevidence that the material meets all ofthe exclusion requirements.

Maximum forany single

Constituent compositesample-TCLP

(mg/I)

Generic exclusion levels for K061 and K062nonwastewater HTMR residues

Antimony ............................................Arsenic ...............................................Barium ................................................Beryllium ............................................Cadm ium ...........................................Chromium (total) ................................Lead ...................................................Mercury ...............................................Nickel ..................................................Selenium ............................................Silver ...................................................Thallium ..............................................Zinc .....................................................

0.100.507.60.0100.0500.330.150.0091.00.160.300.020

70

Generic exclusion levels for F006 nonwastewaterHTMR residues

Antim ony ............................................ 0.10Arsenic ................................................ 0.50Barium .............................................. 7.6Beryllium ............................................. 0 010Cadm ium .......................................... 0.050Chromium (total) ................................ 0.33Cyanide (total) (mg/kg) .................... 1.8Lead .................................................... 0.15M ercury ............................................... 0.009N ickel .................................................. 1.0Selenium ............................................ 0.16Silver ................................................... 0.30Thallium ........................... 0.020Zinc ..................................................... 70

(2) A one-time notification ahdcertification must be placed in thefacility's files and sent to the EPA regionor authorized state for K061, K062 orF006 HTMR residues that meet thegeneric exclusion levels for allconstituents and do not exhibit anycharacteristics that are sent to subtitle Dunits. The notification and certificationthat is placed in the generators ortreaters files must be updated if theprocess or operation generating thewaste changes and/or if the subtitle Dunit receiving the waste changes.However, the generator or treater needonly notify the EPA region or anauthorized state on an annual basis ifsuch changes occur. Such notification

and certification should be sent to theEPA region or authorized state by theend of the calendar year, but no laterthan December 31. The notification mustinclude the following information: Thename and address of the subtitle D unitreceiving the waste shipments; the EPAHazardous Waste Number(s) andtreatability group(s) at the initial pointof generation; and, the treatmentstandards applicable to the waste at theInitial point of generation. Thecertification must be signed by anauthorized representative and muststate as follows: "I certify under penaltyof law that the generic exclusion levelsfor all constituents have been metwithout impermissible dilution and thatno characteristic of hazardous waste isexhibited. I am aware that there aresignificant penalties for submitting afalse certification, including thepossibility of fine and imprisonment."* * * * *

(f) Notwithstanding paragraphs (a)through (d) of this section and providedthe debris as defined in part 268 of thischapter does not exhibit a characteristicidentified at subpart C of this part, thefollowing materials are not subject toregulation under 40 CFR parts 260, 261 to266, 268, or 270:

(1) Hazardous debris as defined inpart 268 of this chapter that has beentreated using one of the requiredextraction or destruction technologiesspecified in Table 1 of § 268,45 of thischapter; persons claiming this exclusionin an enforcement action will have theburden of proving by clear andconvincing evidence that the materialmeets all of the exclusion requirements;or

(2) Debris as defined in part 268 of thischapter that the Regional Administrator,considering the extent of contamination,has determined is no longercontaminated with hazardous waste.

PART 262-STANDARDS APPLICABLETO GENERATORS OF HAZARDOUSWASTE


Authority: 42 U.S.C. 6906, 6912, 6922, 6923,6924, 6925, and 6937.

9. In § 262.34, paragraph (a)(1)(iii)introductory text is amended byremoving the semicolon at the end andreplacing it with a colon, paragraph(a)(1)(iii)(B) and the concluding text ofparagraph (a)(1) are revised, andparagraph (a)(1)(iv) is added to read asfollows:

§ 262.34 Accumulation time.(a) * * *

(1) * * *(iii) * * *

(B) Documentation of each wasteremoval, including the quantity of wasteremoved from the drip pad and the sumpor collection system and the date andtime of removal; and/or

(iv) The waste is placed incontainment buildings and the generatorcomplies with subpart DD of 40 CFRpart 265, has placed its professionalengineer certification that the buildingcomplies with the design standardsspecified in 40 CFR 265.1101 in thefacility's operating record no later than60 days after the date of initial operationof the unit. After February 18, 1993, PEcertification will be required prior tooperation of the unit. The owner oroperator shall maintain the followingrecords at the facility:

(A) A written description ofprocedures to ensure that each wastevolume remains in the unit for no morethan 90 days, a written description ofthe waste generation and managementpractices for the facility showing thatthey are consistent with respecting the90 day limit, and documentation that theprocedures are complied with; or

(B) Documentation that the unit isemptied at least once every 90 days.In addition, such a generator is exemptfrom all the requirements in subparts Gand H of 40 CFR part 265, except for§ § 265.111 and 265.114.* * * * *

10. In § 262.34(a), the first paragraphdesignated (a)(2) and the undesignatedparagraph following (a)(2)(ii) areremoved.

PART 264-STANDARDS FOR OWNERAND OPERATORS OF HAZARDOUSWASTE TREATMENT, STORAGE, ANDDISPOSAL FACILITIES


Authority: 42 U.S.C. 6905, 6912(a), 6924, and6925.

12. Section 264.110 is amended byremoving the word "and" from the endof paragraph (b)(1), by adding asemicolon in place of the period at theend of paragraph (b)(2), by adding ";and" in place of the period at the end ofparagraph (b)(3), and by adding a newparagraph (b)(4) to read as follows:

§ 264.110 Applicability.* * * * *

(b) * *

(4) Containment buildings that arerequired under § 264.1102 to meet therequirement for landfills.



Federal Register / Vol. 57, No. 160/ Tuesday, August 18, 1992 / Rules and Regulations

13. Section 264.111is amended byrevising paragraph 1c) to read asfollows:

§ 264.111 Ofosure perermancestandard.

c} Complieswith the closurerequirements of this subpart, including,but not limited to. the .requirements of§ § .264.i78, 2f4t97, 84.28, 8Z4.258,264.280, 26421O. 264.351, 2A64.601 through264.603, and 264.1102.

14. Section 24,112 is ameaded byrevising para$raph Ja(2) to read asfollows:§ 264.112 Closure plan;amendment of

plan.

(a) - * *

(2) The JBirects approval of the planmust ensure that the approved closureplan is consistent with §§ 254.111through N4.115 and the applicablerequiremenrt of smbpart F of this part§ § 264.175, 204.7, 264.228, 264.258,264.280, 264.310, 264.351, 264.601, and264.1102. Until final doure is completedand certified in accordauce with§ 264.115, a copy of the approved planand all approved revisions must befurnished to the Director upon request,including requests by mail.

15. Section 264.140 is amended byadding a oemicaon in place of ", and" atthe end of paragrath (b)(1), by adding asemicolon in plane of the period at theend of paragraph (b)(2), by adding ";and" in plae of theperiod at the end ofparagraph (b)(3), and by adding a newparagraph (b)[4) to read as follows:

§ 264.140 Applicablity.

(b} * •

(4) Critanunent buildings that arerequired uander 48 4S.12 to meet therequiraments for landfills.

16. Section 26.142 is amended byrevising the introductory text ofparagraph (a) to read as follows:

§ 264.142 Cost ealitor chmair.(a) The owner or operator must have a

detailed written estimate, in currentdollars, of the cost of closing the facilityin accordance with the requirements in§§ 284.111 4hrmogh W6.115 andapplicable -closure requirements in§ § 294.178, 264.1W, W84-228, 264.256,264.290,2 24.310. 264.351, 264.601 through264.603. and m64.1102.

17. Subpart DD is added to part 264 toread as follows:

Subpart OD-Contalnment Buildings

Sec.264.1100 Apdpicability.264.1101 Doasaand operating standards.264.1102 Closure and post-dlosure care.264.1103-264.1110 fReserved]

Subpart DO-Contatnmert Buildings

§264.1100 *ppilollIly.The requirements of this subpart

apply to owners or operators who storeor treat hazardous waste in unitsdesigned and operated under 1264.1101of this subpart. These provisions willbecome effective on February 18, 1993,although owner or operator may notifythe Regional Administrator of his intentto be bound by this subpart at an earliertime. The owner or operator is notsubject to the definition of land disposalin RCRA section 3004(k) provided thatthe unit:

(a) Is a completely enclosed, self-supporting structure that is designed andconstructed of manmade materials ofsufficient strength and thickness tosupport themselves, the waste contents,and any personnel and heavy equipmentthat operate within theunit, and toprevent failure due to pressuregradients, settlement, compression, oruplift, physical contact with thehazardous wastes to which they areexposed; climatic conditions; and thestresses of daily operation, including themovement of heavy equipment withinthe unit and contact of such equipmentwith containment walls

(b) Has a primary banier that isdesigned to be sufficiently durable towithstind the movement of personnel,wastes, and handling equipment withinthe unit;

(c) I? the unit is used to manageliquids, has:

(1) A-primary barrier designed andconstructed of materials to preventmigration of hazardous constituents intothe barrier

(2) A liquid collection systemdesigned and constructed of materials tominimize the accumulation ofliquid onthe primary barrier; and

(3) A secondary containment systemdesigned and constracted ofmaterials toprevent migration of hazardousconstituents into the barrier, with a leakdetection and liquid collection systemcapable of detecting, collecting, andremoving leaks of hazardousconstituents at the earliest practicabletime, unless the unit has been granted avariance from the secondarycontainment system requirements under§ 264.1101(bj(4)

(d) Has coatols sufficient to preventfugitive dmt emissions to meet the no

visible emission standard in§ 264.1101[cglKiv,- and

(e) Is designad and .perated to ensurecontaininert and p reeat the trackirofmaterials from the aunt hy pereonneWorequipment.

§ 264.1101 1Dsign and operatingstandards.

(a) All containmen buildings mustcomply with the fallowiqgdesignstandards.

(1) The contaiunent building must becompletel enclosed with a floor, walls.and a roof to preven-exposure to theelements, (e.g., precipitation, wind, run-on), and to assure containument ofmanaged wastes.

(2) The fOb and containment walls ofthe unit inclding the secondarycontainment systim if required underparagrvpi fb) of this sectin, must bedesigmed and comAru ced of materials ofsufficient strength and thioknen tosupport themselves, the waste oontents,and any personnel and'heavy equipmentthat operate within the unit, and toprevent failure due to pressuregradients, 9ettlement, compression, oruplift, physical oontact with thehazardous wastes to-which they areexposed; climatic *ditios; and thestresses of daily operation, includingthemovement ofheavy equipment withinthe unit &M contact of such equipmentwith containment walls. The unit mustbe designed so that it has sufficientstructural strength to prevent collapse orother failure. All surfaces to be incontact with hazardous wastes must bechemically compatible with. hosewastes. EPA will consider standardsestablished by professionalorganizations generally recognized bythe industry such as the AmericanConcrete Institute (ACI) and theAmerican Society of Testing Materials(ASTM) in judging the structuralintegrity requirements of this paragraph.If appropriate to the nature of the wastemanagement operation to takeplace inthe unit, an exception to the structuralstrength requirement may be made Torlight-weight doors and windows thatmeet these criteria:

(i) They provide aneffective barrieragainst fgitive dust emissions underparagraph 1(lfivj- and

Jii) The unit is designed and qperatdin a fashion that assures that westeswill not actua4ll come in oontact 4vithltheAseepnilgs.

(3) Inasnpatiblelmeardo wastes ortreatmeatseenismust not be placedin the unit or tr oasry-mainnrmetsystem if they eould cause te unit arseooadary-cixaiamemt etem :to bmk,corrode, orotherwise l.

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37266 Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and RegulationsIU

(4) A containment building must havea primary barrier designed to withstandthe movement of personnel, waste, andhandling equipment in the unit duringthe operating life of the unit andappropriate for the physical andchemical characteristics of the waste tobe managed.

(b) For a containment building used tomanage hazardous wastes containingfree liquids or treated with free liquids(the presence of which is determined bythe paint filter test, a visualexamination, or other appropriatemeans), the owner or operator mustinclude:

(1) A primary barrier designed andconstructed of materials to prevent themigration of hazardous constituents intothe barrier (e.g., a geomembrane coveredby a concrete wear surface).

(2) A liquid collection and removalsystem to minimize the accumulation ofliquid on the primary barrier of thecontainment building:

(i) The primary barrier must be slopedto drain liquids to the associatedcollection system; and

(ii) Liquids and waste must becollected and removed to minimizehydraulic head on the containmentsystem at the earliest practicable time.

(3) A secondary containment systemincluding a secondary barrier designedand constructed to prevent migration ofhazardous constituents into the barrier,and a leak detection system that iscapable of detecting failure of theprimary barrier and collectingaccumulated hazardous wastes andliquids at the earliest practicable time.

(i) The requirements of the leakdetection component of the secondarycontainment system are satisfied byinstallation of a system that is, at aminimum:

(A) Constructed with a bottom slopeof 1 percent or more; and

(B) Constructed of a granular drainagematerial with a hydraulic conductivityof 1 X 10"2 cm/sec or more and athickness of 12 inches (30.5 cm) or more,or constructed of synthetic or geonetdrainage materials with a transmissivityof 3X10"5M2/sec or more.

(ii) If treatment is to be conducted inthe building, an area in which suchtreatment will be conducted must bedesigned to prevent the release ofliquids, wet materials, or liquid aerosolsto other portions of the building.

(iii) The secondary containmentsystem must be constructed of materialsthat are chemically resistant to thewaste and liquids managed in thecontainment building and of sufficientstrength and thickness to preventcollapse under the pressure exerted byoverlaying materials and by any

equipment used in the containmentbuilding. (Containment buildings canserve as secondary containmentsystems for tanks placed within thebuilding under certain conditions. Acontainment building can serve as anexternal liner system for a tank,provided it meets the requirements of§ 264.193(d)(1). In addition, thecontainment building must meet therequirements of § 264.193(b) and§ § 264.193(c) (1) and (2) to be consideredan acceptable secondary containmentsystem for a tank.)

(4) For existing units other than 90-daygenerator units, the RegionalAdministrator may delay the secondarycontainment requirement for up to twoyears, based on a demonstration by theowner or operator that the unitsubstantially meets the standards of thissubpart. In making this demonstration,the owner or operator must:

(i) Provide written notice to theRegional Administrator of their requestby November 16, 1992. This notificationmust describe the unit and its operatingpractices with specific reference to theperformance of existing containmentsystems, and specific plans forretrofitting the unit with secondarycontainment;

(ii) Respond to any comments fromthe Regional Administrator on theseplans within 30 days; and

(iii) Fulfill the terms of the revisedplans, if such plans are approved by theRegional Administrator.

(c) Owners or operators of allcontainment buildings must:

(1) Use controls and practices toensure containment of the hazardouswaste within the unit; and, at aminimum:

(i) Maintain the primary barrier to befree of significant cracks, gaps,corrosion, or other deterioration thatcould cause hazardous waste to bereleased from the primary barrier;

(ii) Maintain the level of the stored/treated hazardous waste within thecontainment walls of the unit so that theheight of any containment wall is notexceeded;

(iii) Take measures to prevent thetracking of hazardous waste out of theunit by personnel or by equipment usedin handling the waste. An area must bedesignated to decontaminate equipmentand any rinsate must be collected andproperly managed; and

(iv) Take measures to control fugitivedust emissions such that any openings(doors, windows, vents, cracks, etc.)exhibit no visible emissions (see 40 CFRpart 60, appendix A, Method 22-VisualDetermination of Fugitive Emissionsfrom Material Sources and SmokeEmissions from Flares). In addition, all

associated particulate collection devices(e.g., fabric filter, electrostaticprecipitator) must be operated andmaintained with sound air pollutioncontrol practices (see 40 CFR part 60subpart 292 for guidance). This state ofno visible emissions must be maintainedeffectively at all times during routineoperating and maintenance conditions,including when vehicles and personnelare entering and exiting the unit.

(2) Obtain certification by a qualifiedregistered professional engineer that thecontainment building design meets therequirements of paragraphs (a) through(c) of this section. For units placed intooperation prior to February 18, 1993, thiscertification must be placed in thefacility's operating record (on-site filesfor generators who are not formallyrequired to have operating records) nolater than 60 days after the date ofinitial operation of the unit. AfterFebruary 18, 1993, PE certification willbe required prior to operation of theunit.

(3) Throughout the active life of thecontainment building, if the owner oroperator detects a condition that couldlead to or has caused a release ofhazardous waste, must repair thecondition promptly, in accordance withthe following procedures.

(i) Upon detection of a condition thathas lead to a release of hazardous waste(e.g., upon detection of leakage from theprimary barrier) the owner or operatormust:

(A] Enter a record of the discovery inthe facility operating record;

(B) Immediately remove the portion ofthe containment building affected by thecondition from service;

(C) Determine what steps must betaken to repair the containment building,remove any leakage from the secondarycollection system, and establish aschedule for accomplishing the cleanupand repairs; and

(D) Within 7 days after the discoveryof the condition, notify the RegionalAdministrator of the condition, andwithin 14 working days, provide awritten notice to the RegionalAdministrator with a description of thesteps taken to repair the containmentbuilding, and the schedule foraccomplishing the work.

(ii) The Regional Administrator willreview the information submitted, makea determination regarding whether thecontainment building must be removedfrom service completely or partiallyuntil repairs and cleanup are complete,and notify the owner or operator of thedetermination and the underlyingrationale in writing.




(iii) Upon completing all repairs andcleanup the owner or operator mustnotify the Regional Administrator inwriting and provide a verification,signed by a qualified, registeredprofessional engineer, that the repairsand cleanup haye been completedaccording to the written plan submittedin accordance with paragraph(c)(3)fi)(D) of this section.

(4) Inspect and record in the facility'soperating record, at least once everyseven days, data gathered frommonitoring equipment and leakdetection equipment as well as thecontainment building and the areaimmediately surrounding thecontainment building to detect signs ofreleases of hazardous waste.

(d) For containment buildings thatcontain areas both with and withoutsecondary containment, the owner oroperator must:

(1) Design and operate each area inaccordance with the requirementsenumerated in paragraphs (a) through(c) of this section;

(2) Take measures to prevent therelease of liquids or wet materials intoareas without secondary containment;and

(3) Maintain in the facility's operatinglog a written description of the operatingprocedures used to maintain theintegrity of areas without secondarycontainment.

(e) Notwithstanding any otherprovision of this subpart the RegionalAdministrator may waive requirementsfor secondary containment for apermitted containment building wherethe owner operator demonstrates thatthe only free liquids in the unit arelimited amounts of dust suppressionliquids required to meet occupationalhealth and safety requirements, andwhere containment of managed wastesand liquids can be assured without asecondary containment system.

§ 264.1102 Closure and post-closure care.(a) At closure of a containment

building, the owner or operator mustremove or decontaminate all wasteresidues, contaminated containmentsystem components (liners, etc.,)contaminated subsoils, and structuresand equipment contaminated withwaste and leachate, and manage themas hazardous waste unless § 261.3(d) ofthis chapter applies. The closure plan,closure activities, cost estimates forclosure, and financial responsibility forcontainment buildings must meet all ofthe requirements specified in subparts Gand H of this part.

(b) If, after removing ordecontaminating all residues andmaking allreasonable efforts to effect

removal or decontamination ofcontaminated components, subsoils,structures, and equipment as required inparagraph (a) of this section, the owneror operator finds that not allcontaminated subsoils can bepracticably removed or decontaminated,he must close the facility and performpost-closure care in accordance with theclosure and post-closure requirementsthat applk, to landfills (§ 264.310). Inaddition, for the purposes of closure,post-closure, and financialresponsibility, such a containmentbuilding is then considered to be alandfill, and the owner or operator mustmeet all of the requirements for landfillsspecified in subparts G and H of thispart.

§ 264.1103-264.1110 [Reserved]

PART 265-INTERIM STATUSSTANDARDS FOR OWNERS ANDOPERATORS OF HAZARDOUS WASTETREATMENT, STORAGE, ANDDISPOSAL FACILITIES


Authority: 42 U.S.C. 6905, 6912(a), 6924,6925, 6935, and 6936.

19. Section 265.110 is amended byremoving the word "and" from the endof paragraphs (b)(1) and (b)(2), byadding "; and" in place of the period atthe end of paragraph (b)(3), and byadding a new paragraph (b)(4) to read asfollows:

§ 265.110 Applicability.

(b) * * *(4) Containment building that are

require4 under § 265.1102 to meet therequirement for landfills.

20. Section 265.111 is amended byrevising paragraph (c) to read asfollows:

§ 265.111 Closure performance standard.

(c) Complies with the closurerequirements of this subpart, including,but not limited to, the requirements of§ § 265.197, 265.228, 265.258, 265.280,265.3101 265.351, 265.381, 265.404, and264.1102.

21. In § 265.112 (d)(4), the last twosentences are revised to read as follows:

§ 265.112 Closure plan; amendment ofplan.* * * * *

(d) * * *(4) * * The Regional Administrator

must assure that the approved plan isconsistent with § § with 265.111 through265.115 and the applicable requirementsof subpart F of this part, § § 265.197,

265.228, 265.258, 265.280, 265.310, 265.351.265.381, 265.404, and 264.1102. A copy ofthe modified plan with a detailedstatement of reasons for themodifications must be mailed to theowner or operator.

22. Section 265.140 is amended byrevising paragraph (b) to read asfollows:


(b) The requirements of §§ 265.144and 265.146 apply only to owners andoperators of: I

(1) Disposal facilities;(2) Tank systems that are required

under § 264.197 of this chapter to meetthe requirements for landfills; and

(3) Containment buildings that arerequired under § 265.1102 to meet therequirements for landfills.

23. Section 265.142 is amended byrevising the introductory text ofparagraph (a) to read as follows:

§ 265.142 Cost estimate for closure.

(a) The owner or operator must have adetailed written estimate, in currentdollars, of the cost of closing the facilityin accordance with the requirements in§ § 265.111 through 265.115 andapplicable closure requirements in§ § 265.178, 265.197, 265.228, 265.256,265.280, 265.310, 265.351, 265.381, 265.404.and 265.1102* * * * *

24. In § 265.221, a new paragraph (h) isadded to read as follows:

§ 265.221 Design and operatingrequirements.

(h) Surface impoundments that arenewly subject to RCRA section 3005(j)(1)due to the promulgation of additionallistings or characteristics for theidentification of hazardous waste mustbe in compliance with paragraphs (a),(c) and (d) of this section not later than48 months after the promulgation of theadditional listing or characteristic. Thiscompliance period shall not be cut shortas the result of the promulgation of landdisposal prohibitions under part 268 ofthis chapter or the granting of anextension to the effective date of aprohibition pursuant to § 268.5. of thischapter, within this 48-month period.

25. Subpart CC is added and reservedand subpart DD is added to part 265 toread as follows:

Subpart DD-Containment Buildings

Sec.265.1100 Applicability.265.1101 Design and operating standards.

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37268 Federal Register / Vol. 57. No. 160 / Tuesday, August 18, 1992 / Rules and Regulations

Sec.265.1102 Closure and post-closure care.265.1103 -265.1110 [Reserved]

Subpart DO-Containment Buildings


The requirements of this subpartapply to owners or operators who storeor treat hazardous waste in unitsdesigned and operated under § 265.1101of this subpart. These provisions willbecome effective on February 18, 1993,although the owner or operator maynotify the Regional Administrator of hisintent to be bound by this-subpart at anearlier time. The owner or operator isnot subject to the definition of landdisposal in RCRA section 3004(k)provided that the unit:

(a) Is a completely enclosed, self-supporting structure that is designed andconstructed of manmade materials ofsufficient strength and thickness tosupport themselves, the waste contents,and any personnel and heavy equipmentthat operate within the units, and toprevent failure due to pressuregradients, settlement, compression, oruplift, physical contact with thehazardous wastes to which they areexposed; climatic conditions; and thestresses of daily operation, including themovement of heavy equipment withinthe unit and contact of such equipmentwith containment walls;

(b) Has a primary barrier that isdesigned to be sufficiently durable towithstand the movement of personneland handling equipment within the unit;

(c) If the unit is used to manageliquids, has:

(1) A primary barrier designed andconstructed of materials to preventmigration of hazardous constituents intothe barrier;,

(2) A liquid collection systemdesigned and constructed of materials tominimize the accumulation of liquid onthe primary barrier, and

(3) A secondary containment systemdesigned and constructed of materials toprevent migration of hazardousconstituents into the barrier, with a leakdetection and liquid collection systemcapable of detecting, collecting, andremoving leaks of hazardousconstituents at the earliest possibletime, unless the unit has been granted avariance from the secondarycontainment system requirements under§ 265.1101(b)(4);

(d) Has controls as needed to permitfugitive dust emissions; and

(e) Is designed and operated to ensurecontainment and prevent the tracking ofmaterials from the unit by personnel orequipment.

§ 265.1101 Design and operatingstandards.

(a) All containment buildings mustcomply with the following designstandards:

(1) The containment building must becompletely enclosed with a floor, walls,and a roof to prevent exposure to theelements, (e.g., precipitation, wind, run-on), and to assure containment ofmanaged wastes.

(2) The floor and containment walls ofthe unit, including the secondarycontainment system if required underparagraph (b) of this section, must bedesigned and constructed of materials ofsufficient strength and thickness tosupport themselves, the waste contents,and any personnel and heavy equipmentthat operate within the unit, and toprevent failure due to pressuregradients, settlement, compression, oruplift, physical contact with thehazardous wastes to which they areexposed; climatic conditions; and thestresses of daily operation, including themovement of heavy equipment withinthe unit and contact of such equipmentwith containment walls. The unit mustbe designed so that it has sufficientstructural strength to prevent collapse orother failure. All surfaces to be incontact with hazardous wastes must bechemically compatible with thosewastes. EPA will consider standardsestablished by professionalorganizations generally recognized bythe industry such as the AmericanConcrete Institute (ACI) and theAmerican Society of Testing Materials(ASTM) in judging the structuralintegrity requirements of this paragraph.If appropriate to the nature of the wastemanagement operation to take place inthe unit, an exception to the structuralstrength requirement may be made forlight-weight doors and windows thatmeet these criteria:

(i) They provide an effective barrieragainst fugitive dust emissions underparagraph (c)(1)(iv); and

(ii) The unit is designed and operatedin a fashion that assures that wasteswill not actually come in contact withthese openings.

(3) Incompatible hazardous wastes ortreatment reagents must not be placedin the unit or its secondary containmentsystem if they could cause the unit orsecondary containment system to leak,corrode, or otherwise fail.

(4) A containment building must havea primary barrier designed to withstandthe movement of personnel, waste, andhandling equipment in the unit duringthe operating life of the unit andappropriate for the physical andchemical characteristics of the waste tobe managed.

(b) For a containment building used tomanage hazardous wastes containingfree liquids or treated with free liquids(the presence of which is determined bythe paint filter test, a visualexamination, or other appropriatemeans), the owner or operator mustinclude:

(1) A primary barrier designed andconstructed of materials to prevent themigration of hazardous constituents intothe barrier (e.g. a geomembrane coveredby a concrete wear surface).

(2) A liquid collection and removalsystem to prevent the accumulation ofliquid on the primary barrier of thecontainment building:

(i) The primary barrier must be slopedto drain liquids to the associatedcollection system; and

(ii) Liquids and waste must becollected and removed to minimizehydraulic head on the containmentsystem at the earliest practicable timethat protects human health and theenvironment.

(3] A secondary containment systemincluding a secondary barrier designedand constructed to prevent migration ofhazardous constituents into the barrier.and a leak detection system that iscapable of detecting failure of theprimary barrier and collectingaccumulated hazardous wastes andliquids at the earliest practicable time.

(i) The requirements of the leakdetection component of the secondarycontainment system are satisfied byinstallation of a system that is. at aminimum:

(A) Constructed with a bottom slopeof 1 percent or more; and

(B) Constructed of a granular drainagematerial with a hydraulic conductivityof 1 X 10 2 cm/sec or more and athickness of 12 inches (30.5 cm) or more,or constructed of synthetic or geonetdrainage materials with a trasmissivityof 3 X 10 - 5 m 2 / sec or more.

(ii) If treatment is to be conducted inthe building, an area in which suchtreatment will be conducted must bedesigned to prevent the release ofliquids, wet materials, or liquid aerosolsto other portions of the building.

(iii) The secondary containmentsystem must be constructed of materialsthat are chemically resistant to thewaste and liquids managed in thecontainment building and of sufficientstrength and thickness to preventcollapse under the pressure exerted byoverlaying materials and by anyequipment used in the containmentbuilding. (Containment buildings canserve as secondary containmentsystems for tanks placed within thebuilding under certain conditions. A



Federal Register / Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules. and Regulations

containment building can serve as anexternal liner system for a tank,provided it meets the requirements of§ 265.193(d)(1). In addition, thecontainment building must meet therequirements of § 265.193 (b) and (c) tobe considered an acceptable secondarycontainment system for a tank.)

(4) For existing units other than 90-daygenerator units, the RegionalAdministrator may delay the secondarycontainment requirement for up to twoyears, based on a demonstration by theowner or operator that the unitsubstantially meets the standards of thisSubpart. In making this demonstration,the owner or operator must:

(i) Provide written notice to theRegional Administrator of their requestby February 18, 1993. This notificationmust describe the unit and its operatingpractices with specific reference to theperformance of existing containmentsystems, and specific plans forretrofitting the unit with secondarycontainment;

(ii) Respond to any comments fromthe Regional Administrator on theseplans within 30 days; and

(iii) Fulfill the terms of the revisedplans, if such plans are approved by theRegional Administrator.

(c) Owners or operators of allcontainment buildings must:

(1) Use controls and practices toensure containment of the hazardouswaste within the unit; and, at aminimum:

(i) Maintain the primary barrier to befree of significant cracks, gaps,corrosion, or other deterioration thatcould cause hazardous waste to bereleased from the primary barrier;

(ii) Maintain the level of the stored/treated hazardous waste within thecontainment walls of the unit so that theheight of any containment wall is notexceeded;

(iii) Take measures to prevent thetracking of hazardous waste out of theunit by personnel or by equipment usedin handling the waste. An area must bedesignated to decontaminate equipmentand any rinsate must be collected andproperly managed; and

(iv) Take measures to control fugitivedust emissions such that any openings(doors, windows, vents, cracks, etc.)exhibit no visible emissions. In addition.all associated particulate collectiondevices (e.g., fabric filter, electrostaticprecipitator) must be operated andmaintained with sound air pollutioncontrol practices. This state of no visibleemissions must be maintainedeffectively at all times during normaloperating conditions, including whenvehicles and personnel are entering andexiting the unit.

(2) Obtain certification by a qualifiedregistered professional engineer that thecontainment building design meets therequirements of paragraphs (a) through(c) of this section. For units placed intooperation prior to February 18, 1993, thiscertification must be placed in thefacility's operating record (on-site filesfor generators who are not formallyrequired to have operating records) nolater than 60 days after the date ofinitial operation of the unit. AfterFebruary 18, 1993, PE certification willbe required prior to operation of theunit.

(3) Throughout the active life of thecontainment building, if the owner oroperator detects a condition that couldlead to or has caused a release ofhazardous waste, must repair thecondition promptly, in accordance withthe following procedures.

(i) Upon detection of a condition thathas led to a release of hazardous waste(e.g., upon detection of leakage from theprimary barrier) the owner or operatormust:

(A) Enter a record of the discovery inthe facility operating record;

(B) Immediately remove the portion ofthe containment building affected by thecondition from service;

(C) Determine what steps must betaken to repair the containment building,remove any leakage from the secondarycollection system, and establish aschedule for accomplishing the cleanupand repairs; and

(D) Within 7 days after the discoveryof the condition, notify the RegionalAdministrator of the condition, andwithin 14 working days, provide awritten notice to the RegionalAdministrator with a description of thesteps taken to repair the containmentbuilding, and the schedule foraccomplishing the work.

(ii) The Regional Administrator willreview the information submitted, makea determination regarding whether thecontainment building must be removedfrom service completely or partiallyuntil repairs and cleanup are complete,and notify the owner or operator of thedetermination and the underlyingrationale in writing.

(iii) Upon completing all repairs andcleanup the owner or operator mustnotify the Regional Administrator inwriting and provide a verification.signed by a qualified, registeredprofessional engineer, that the repairsand cleanup have been completedaccording to the written plan submittedin accordance with paragraph(c)(3)(i)(D) of this section.

(4) Inspect and record in the facility'soperating record, at least once everyseven days, data gathered from

monitoring equipment and leakdetection equipment as -well as thecontainment building and the areaimmediately surrounding thecontainment building to detect signs ofreleases of hazardous waste.

(d) For containment building thatcontains both areas with and withoutsecondary containment, the owner oroperator must:

(1) Design and operate each area inaccordance with the requirementsenumerated in paragraphs (a) through(c) of this section;

(2) Take measures to prevent therelease of liquids or wet materials intoareas without secondary containmentand

(3) Maintain in the facility's operatinglog a written description of the operatingprocedures used to maintain theintegrity of areas without secondarycontainment.

(e) Notwithstanding any otherprovision of this subpart, the RegionalAdministrator may waive requirementsfor secondary containment for apermitted containment building wherethe owner or operator demonstrates thatthe only free liquids in the unit arelimited amounts of dust suppressionliquids required to meet occupationalhealth and safety requirements, andwhere containment of managed wastesand liquids can be assured without asecondary containment system.

§ 265.1102 Closure and post-closure care.(a) At closure of a containment

building, the owner or operator mustremove or decontaminate all wasteresidues, contaminated containmentsystem components (liners, etc.),contaminated subsoils, and structuresand equipment contaminated withwaste and leachate, and manage themas hazardous waste unless § 261.3(d) ofthis chapter applies. The closure plan,closure activities, cost estimates forclosure, and financial responsibility forcontainment buildings must meet all ofthe requirements specifiedin subparts Gand H of this part.

(b) If, after removing ordecontaminating all residues andmaking all reasonable efforts to effectremoval or decontamination ofcontaminated components, subsoils,structures, and equipment as required inparagraph (a) of this section, the owneror operator finds that not allcontaminated subsoils can bepracticably removed or decontaminated.he must close the facility and performpost-closure care in accordance with theclosure and post-closure requirementsthat apply to landfills (§ 265.310). Inaddition, for the purposes of closure.

S37269




post-closure, and financialresponsibility, such a containmentbuilding is then considered to be alandfill, and the owner or operator mustmeet all of the requirements for landfillsspecified in subparts G and H of thispart.

§§ 265.1103-265.1110 [Reserved]

PART 268-LAND DISPOSALRESTRICTIONS


Authority: 42 U.S.C. 6905, 6912(a), 6921, and6924.

27. In § 268.2 paragraph (g) is revisedand paragraph (h) added to read asfollows:

§ 268.2 Defiitions applicable In this parL* * * * *

(g) Debris means solid materialexceeding a 60 mm particle size that isintended for disposal and that is: Amanufactured object; or plant or animalmatter, or natural geologic material.However, the following materials arenot debris: Any material for which aspecific treatment standard is providedin subpart D, part 268; Process residualssuch as smelter slag and residues fromthe treatment of waste, wastewater,sludges, or air emission residues; andIntact containers of hazardous wastethat are not ruptured and that retain atleast 75% of their original volume. Amixture of debris that has not beentreated to the standards provided by§ 268.45 and other material is subject toregulation as debris if the mixture iscomprised primarily of debris, byvolume, based on visual inspection.

(h) Hazardous debris means debristhat contains a hazardous waste listedin subpart D of part 281 of this chapter,or that exhibits a characteristic ofhazardous waste identified in subpart Cof part 261 of this chapter.

28. Section 268.5 is amended byadding "; or" in place of the semicolonat the end of paragraph (h)(2)(ii), by.redesignating paragraph (h)(2)(v) asparagraph (h)(2)(vi), by revisingparagraph (h)(2)(iv) and by adding newparagraph (h)(2)(v) to read as follows:

§ 268.5 Procedures for case-by-caseextensions to an effective date.* * * * *

(h) *(2) * * *(iv) The surface impoundment, if

permitted, is in compliance with therequirements of subpart F of part 264and § 264.221 (c), (d) and (e) of thischapter; or

(v) The surface impoundment, if newlysubject to RCRA section 3005(j)(1) due

to the promulgation of additional listingsor characteristics for the identificationof hazardous waste, is in compliancewith the requirements of subpart F ofpart 265 of this chapter within 12 monthsafter the promulgation of additionallistings or characteristics of hazardouswaste, and with the requirements of§ 265.221 (a), (c) and (d) of this chapterwithin 48 months after the promulgationof additional listings or characteristicsof hazardous waste. If a nationalcapacity variance is granted, during theperiod the variance is in effect, thesurface impoundment, if newly subjectto RCRA section 3005(j)(1) due to thepromulgation of additional listings orcharacteristics of hazardous waste, is incompliance with the requirements ofsubpart F of part 265 of this chapterwithin 12 months after the promulgationof additional listings or characteristicsof hazardous waste, and with therequirements of § 265.221 (a), (c) and (d)of this chapter within 48 months afterthe promulgation of additional listings orcharacteristics of hazardous waste; or

29. Section 268.7 is amended byrevising paragraphs (a)(1)(iii), (a)(1)(iv),(a)(2) introductory text, (a)(3)(iv),(a)(3)(v), (a)(4) introductory text, (b)(4)introductory text, and (b)(5)introductory text, and by addingparagraphs (a)(1)(v), (a)(3)(vi), and (d) toread as follows:

§ 268.7 Waste analysis and recordkeeping.(a) * * *(1) * * "(iii) The manifest number associated

with the shipment of waste;(iv) For hazardous debris, the

contaminants subject to treatment asprovided by § 268.45(b) and thefollowing statement: "This hazardousdebris is subject to the alternativetreatment standards of 40 CFR 268.45";and

(v) Waste analysis data, whereavailable.

(2) If a generator determines that he ismanaging a restricted waste under thisPart, and determines that the waste canbe land disposed without furthertreatment, with each shipment of wastehe must submit, to the treatment,storage, or land disposal facility, anotice and a certification stating that thewaste meets the applicable treatmentstandards set forth in subpart D of thispart and the applicable prohibitionlevels set forth in § 268.32 or RCRAsection 3004(d). Generators of hazardousdebris that is excluded from thedefinition of hazardous waste under§ 261.3(e)(2) of this chapter (ie., debristhat the Director has determined doesnot contain hazardous waste), however,

are not subject to these notification andcertification requirements.

(3) * * *

(iv) Waste analysis data, whereavailable;

(v) For hazardous debris, thecontaminants subject to treatment asprovided by § 268.45(b) and thefollowing statement: "This hazardousdebris is subject to the alternativetreatment standards of 40 CFR 268.45";and

(vi) The date the waste is subject tothe prohibitions.

(4) If a generator is managingprohibited waste in tanks, containers, orcontainment buildings regulated under40 CFR 262.34, and is treating suchwaste in such tanks, containers, orcontainment buildings to meetapplicable treatment standards undersubpart D of this part, the generatormust develop and follow a writtenwaste analysis plan which describes theprocedures the generator will carry outto comply with the treatment standards.(Generators treating hazardous debrisunder the alternative treatmentstandards of Table 1, § 268.45, however,are not subject to these waste analysisrequirements.) The plan must be kept onsite in the generator's records, and thefollowing requirements must be met:

(b) * * *

(4) A notice must be sent with eachwaste shipment to the land disposalfacility which includes the followinginformation, except that debris excludedfrom the definition of hazardous wasteunder § 261.3(e) of this chapter (i.e.,debris treated by an extraction ordestruction technology provided byTable 1, § 268.45, and debris that theDirector has determined does notcontain hazardous waste) is subject tothe notification and certificationrequirements of paragraph (d) of thissection rather than these notificationrequirements:

(5) The treatment facility must submita certification with each shipment ofwaste or treatment residue of arestricted waste to the land disposalfacility stating that the waste ortreatment residue has been treated incompliance with the applicableperformance standards specified insubpart D of this part and the applicableprohibitions set forth in 5 268.32 orRCRA section 3004(d). Debris excludedfrom the definition of hazardous wasteunder § 261.3(e) of this chapter (i.e.,debris treated by an extraction ordestruction technology provided by



Federal Rgister Vol. 57, No. 160 / Tuesday, August 18, 1992Z / Rules and Reguabm 37271

Table 1, § 26&45, and debris that theDirector has determined does notcontain hazardous wa*), hmwever, issubject to the notificatiom andcertification requirements of paragraph(d) of this section rather than thecertification requirements of thisparagraph (b)(5).

(d) Generators or treaters who firstclaim that hazardom debris is exchudedfrom the definition of hazardous wasteunder f 201.3(e), of this chapter (i.e.,debris treated by an extraction ordestruction technoiegy provided byTable 1, § 268.45, and debris that theDirector has determined does notcontain hazardous waste) are subject tothe foillowing notification andcertification requirements

(1) A one-time nrtificatmiow mt besubmitted to the Director or authorizedState includisi the Ibiklwinginformatiow.

(i) The name and address o theSubtitle D facility receiving the treateddebris;

(ii) A description of the hazardousdebris as initially generated, includingthe applicabre EPA Hazardous WasteNumber(s), and(iii) For debris excluded under

§ 261.3(e)(11 of this chapter, thetechnology from Table 1, § 268.45, usedto treat the debris.

(2) The notification must be updated ifthe debris is shipped to a differentfacility, and, for debris excluded under§ 261.Zte)fI)'of this chapter, ifa differenttype of debris is treated or if a differenttechnology is used to treat the debris.

(3) For debris excluded under§ 261.3(e)(1) of this chapter, the owneror operator of the treatment facility mustdocument and certify compliance withthe treatment standards of Table 1,§ 268.45. as folluws:

(i) Records must be kept of allinspections, evaluation, and analysesof treated debris that are made todetermine compliance with thetreatment standards;. (ii) Records must be kept of any dataor information the treater obtains duringtreatment of the debris that identifieskey operating parameters of thetreatment unit; and

(iii) For each shipmeat of treateddebris, a certification of coniiatncewith the treatment standard must besigned by at authorized representativeand placed in the facility's files. Thecertification must state the following: "Icertify under penalty of law that thedebris has been trelaed in accordancewith the requirements of 40 CFR 269.45. 1am aware that there are significantpenalties for making a false

certification, including the possibility offine and imprisonment."

30. In § 26.9, paragraph f4) is revisedto read as follows

§ 268.9 Specla rule& regooldn waelv*that exhibit a characteriaic.

(d) Wastes that exhbi acharacteristic are also subject to 1 26&7requirements, except that once thewaste is no. longer hazardom, a one-time notification and certification mustbe placed in the generators or treatersfiles and sent to the EPA regon orauthorized state. The notification adcertification that is placed in thegenerators or teaters files musA beupdated if the process or opera ticmgenerating the waste chauges anjo ifthe subtitle 1 facility receiving thewaste changes. However, th e generatoror treater need only notify the EPAregion or an authorized stae on anannual basis if suh changes ocur. Sechnotification and certification should besent to the EPA region ar authorizedstate by the end of the calendar year,but no later that December 31.

(1) The notification must include thefollowing information:

(i) Name and address of the Subi*l Dfacility receiving the waste shipment

(ii) A description of the waste asinitially generated inclding theapplicable EPA Hazardous WasteNumber(s) and treatability groupf$.)

(iii) The treatment standardeapplicable to the waste at the point ofgeneration.

(2) The certification must be signed byan authorized representative and muststate the language found in § 268.7(b)5).

31. Section, 260.14 is added tsubpartB of part 268 to read as follows:

f 28.14 Surface Impoundmentexemptions.

(a) This section defines additionalcircumstances under which anotherwise prohibited waste maycontinue to be pleced in a surfaceimpoundment-(b) Wastes wich are newly ikentified

or listed under section 3001 afterNovember 8, 1984, and stored in asurface impoundment that is newlyAubject to subtitle C of RCRA as a resultof the additional identification or listing,may continue to be stored in the surfaceimpoundment for 48 months after thepromulgation of the additional listing orcharacteristic, not withstanding that thewaste is otherwise prohibited from landdisposal, provided that the surfaceimpoundment is in compliance with therequirements of subpart F of part 265 ofthis chapter within 12 months after

promulgation otth@ new lisadg orcharacteristic.

(c) Wastes which are newly identifiedor listed under section, 30M afteNovember 8, 1984, and treated iff asurface impoundment that is newfysubject te subtle C of RCRA so a resultof the additioal idenfitkatdin or eting,may continue to be treated in thetsurface impndhwjt not wOithaeaingthat the waste is otherwise probibitedfrom land disposal, pruwided thatsurface impoundment is in compliancewith the requiremests of subpart F ofpart 265 of this chapter whk 12 mon&after the promnukgton of the mew lisbWor characbeistic in adftboik it thesorface impouand cagnwm 11 treathazardous waste after 48 months howpumnulgmism of &e .ddiokum koing orchmactsesisic, it mnt thew be incompliance-with J 2K4.

32. Section 2M36 is add to supartC of part 20 to rand as fohohws:

§ 268.36 Waste spslh prohlbilens-newly listed wastes.

(a) Effective NmMber 9,. 192. tiewastes specified in 40 CFR 261.32 aEPA Hazardous Waste Numbem K107,K.IM8 K109, KIA. K1116 K1132, K1317,

K118, K123, K124, K125, K126, KIM.K132, and K136; and the wastesspecified-in 40 CFR 261.33(4 as EPAHazardous Waste numbers 128, U353and U359 are prohibited from landdisposal.

(b) Effective June 3 1993. the wastesspecified in 40 CFR 261.31 as EPAHazardous Waste Numbers F037 andF0M8 that are not generated from surfaceimpoundment cleanouts or closures areprohibited from land disposal.

(c) Effective June 30, 194 the wastesspecified in 40 CFR 261.31 as EPAHazardous Waste Numbers F037 andF038 that are generated from surfaceimpoundment cleanouts or closures areprohibited from land disposat.

(d) Effective June 30,1994, radioactivewastes that are mixed with hazardouswastes specified in 40 CFR 261.31 asEPA Hazardous Waste Numbers F037and FW38 the wastes specified in 40 CFR261.32 as EPA Hazardous WasteNumbers K3D7, K106, K109, KIlo, Klin.K112, K117, K118, K123, K124, K125,K126 K131, K132, and K136; or thewastes specified in 40 CFR 261.33(f) asEPA Hazardous Waste Numbers U328,U353, and U359 are prohibited from landdisposal.

(e) Effective June 30, 1994, debriscontaminated with hazardous wastesspecified in 40 CFR 261.31 as EPAHazardous Waste Numbers F037 andF038; the wastes specified in 40 CFR261.32 as EPA Hazardous Waste



37272 Federal Register t' Vol. 57, No. 160 / Tuesday, August 18, 1992 / Rules and Regulations

Numbers K107, K108, K109, Kl0, Klll.Kl12, K17, K118, K123, K124, K125,K126 K131, K132, and K136; or thewastes specified in 40 CFR 261.33(f) asEPA Hazardous Waste Numbers U328,U353, and U359; and which is notcontaminated with any other wastealready subject to a prohibition areprohibited from land disposal.

(f0 Between June 30,1992 and June 30,1993, the wastes included in paragraph(b) of this section may be disposed of ina landfill, only if such unit is incompliance with the requirementsspecified in § 268.5(h)(2), and may begenerated in and disposed of in asurface impoundment only if such unit isin compliance with either § 268.5(h)(2) or§ 268.14.

(g) Between June 30, 1992 and June 30,1994, the wastes included in paragraphs(d) and (e) of this section may bedisposed of in a landfill only if such unitis in compliance with the requirementsspecified in § 268.5(h)(2), and may begenerated in and disposed of in asurface impoundment only if such unit isin compliance with either § 268.5(h)(2) or§ 268.14.

(h) The requirements of paragraphs(a), (b), (c), (d), and (e) of this section donot apply if:

(1) The wastes meet the applicablestandards specified in subpart D of thispart;

(2) Persons have been granted anexemption from a prohibition pursuantto a petition under § 268.6, with respect

to those waster'and units covered bythe petition;

(3) The wastes meet the applicablealternate standards establishedpursuant to a petition granted under§ 268.44;

(4) Persons have been granted anextension to the effective date of aprohibition pursuant to § 268,5, withrespect to the wastes covered by theextension.

fi) To determine whether a hazardouswaste identified in this section exceedsthe applicable treatment standardsspecified in § § 268.41 and 268.43, theinitial generator must test arepresentative sample of the wasteextract or the entire waste, dependingon whether the treatment standards areexpressed as concentrations in thewaste extract or the waste, or thegenerator may use knowledge of thewaste. If the waste contains constituentsin excess of the applicable levels insubpart D of this part, the waste isprohibited from land disposal, and allrequirements of part 268 are applicable,except as otherwise specified.

33. In § 268.40, paragraph (b) isrevised and paragraph (d) is added toread as follows:

§ 268.40 Applicability of treatmentstandards.

(b) A restricted waste for which atreatment technology is specified under§ 268.42(a) or hazardous debris forwhich a treatment technology is

specified under § 268.45 may be landdisposed after it is treated using thatspecified technology or an equivalenttreatment method approved by theAdministrator under the procedures setforth in § 268.42(b).

(d) If a treatment standard has beenestablished in § § 268.41 through 268.43for a hazardous waste that is itselfhazardous debris, the waste is subject tothose standards rather than thestandards for hazardous debris under§ 268.45.

34. In § 268.41, paragraph (a) textpreceding table is revised, and TableCCWE is amended by revising the entryfor "Fo0l-F005 spent solvents," byremoving the entries for "K061 (LowZinc Subcategory-less than 15% TotalZinc)" and "K061 (High ZincSubcategory-greater than 15% TotalZinc)-Effective until August 7, 1991, byadding entries for "F037", "F038", and"K061", and by adding paragraph (c) toread as follows:

§ 268.41 Treatment standards expressedas concentrations In waste extract.

(a) Table CCWE identifies therestricted wastes and the concentrationsof their associated constituents whichmay not be exceeded in the extract of awaste or waste treatment residualextracted using the test method inappendix I of this part for the allowableland disposal of such wastes.Compliance with these concentrations isrequired based upon grab samples.

268.41 TABLE CCWE.-CONSTITUENT CONCENTRATIONS IN WASTE EXTRACT

Wastewaters Non-Commer- CAS No. for wastewaters

Waste code cial regulated -Concent-chemicalSee also Regulate hazardous constituent Concentra-

name constituent Note Ntes

FO1-FOO5 spent solvents ...............

F037 .....................................................

F038 .....................................................

K061 .....................................................

NA ................ Table CCW in 268.43 ...................... Carbon disulfide .................................. 75-15-0Cyclohexanone ................................... 108-94-1M ethanol .............................................. 67-56-1

NA ................ Table CCM in 268.43 ...................... Chrom ium (Total) ................................ 7440-47-32Nickel ................................................... 7440-02-0

NA ................ Table CCW in 268.43 ...................... Chrom ium (Total) ................................ 7440-47-32Nickel ................................................... 7440-02-0

NA ................ Table CCW in 268.43 ...................... Antim ony ..............................................Arsenic .... ......................Barium ..................................................Beryllium ..............................................Cadium ..............................................Chrom ium (Total) ...............................

7440-36-07440-38-27440-39-37440-41-77440-43-9

7440-47-32Lead .................................................. 7439-92-1M ercury ................................................ 7439-97-6Nickel ................................................... 7440-02-0Selenium .............................................. 7782--49-2Silver ...................... 7440-22-4Thallium .........................................................................Zinc ....................................................... 744 0-66-6

NA ................NA ................NA ................

NA ................NA ................NA ................NA ................

NA ................NA ................NA ................NA ................NA ................NA ................NA ..............-NA ................NA ................NA ................NA ................NA ................NA ................

4.80.750.75

1.70.20

1.70.20

2.10.055

7.60.014

0.190.330.37

0.0095

0.160.3

0.0785.3



Federal Regisw / Vol. 5, Noi. 160 I Tuesday, August 18, 1992/ Roles awd Regulations

along with ay oftbe eoder 20 K123 KIN K125-, KI2I UMJ2, U3% and

(c) The treatment standards for the constituents found in F0O'-FlM5, then U359 in alp'enumerical order and,constituents in F001-F005 which are only the treatment standards in § 206.43 peraRaphs (bf aRd WI" are revised 10listed in Table CCWE only apply to Table CCW are required. read as follows:

wastes which contain one, two, or alM 35--36'. 1h § 28.42, Table 2 of § 268.42 Treatment standards expressedthree of these comfituents. If the waste paragraph (&) is amended by adding as specrffed technologies.contains any of these three constituents entries: for K107,. K108, K109, Kl10, K112, * .. .

268,42 TABLE 2.-TEHNOLOGY-BASED STAMM011)6 &Y RRA WASTE CODE

CAS, No. Technologg codefor

Waste See also Waste, descriptions andlor treatment subcategory, regulatedcode thzardous Wastewaters Nonwastewaters

censtttu-

K107 .................................... Column bottoms from product separation from the produc- NA ................ INCIN; or CHOXD fb, CARON: or INCIN.tion of -.t-dimethylhydiezine (UDMH.' ftwn carboxyltc BIODG b CARON.acid hydrazides.

K108 .................................... Condensed selamn overheads from product separsont NA ............... INCIN; or CHOXD fo, CARON; or INCIN.and condensWd reactor vent' gases from the production BIODG fb CARON.of 1,1-dimethylhydrazine- (UOMH) from' cafboxyic acid'hydrazides.

K109 .................................... Spent filter cawridges ftim product purfieaties from the NA ................ INCIN; or CHOXO fb, CARON; or INCIN.production- oS 1,1-dimetkylhydrazine (fUDMlPf tem- ar- BIODG fb CARBN.boxylic acidhydrazides,

Kl10 .................................... Condensed- column overleds from intemediate ser, e-N. ................ INCIN; or CHOXD fb, CARON; or INCIN.ion from the prodetion, of 1,1-dimethyllidweo BIODG fb CARBN.

(UDMH) from carboxylle acid hydrazides.Kt12 .................................... Reaction by-product wable frern the drying. column. i )& NA ................ INCIN; or CHOXD fb, CARON; or INCIN.

production of' toluenedami.'e via hydroganatl o0 dlk* BIODG fb CARON.trotoluena

K123 .................................... Process wastewater (including supernates, filtras and 1N ................ INCIN; or CHOXD fb (BIOG or INCIN.washwaterst from the pductton of ethylenebisdithieacw CARBN).bamic acid and its salts.

K124 .................................. Reactor vent scrubber water from the production of eth~- NA ................ INCIN; or CHOXD fb (81ODG or INCIN.lenebisdithiecarbamic acid and its salts. CARBN).

K125 .................................. Filtration, eapopation, aed, ,artriugation solids from' Ike N* ................ INCM; ep CH4IV flb (B2ODG. Q* IUMproduction of ethylenebisdithiocarbamic acid and its CARBINsalts.

K26 ................................... Baghouse dust and floor sweepings in milling and packag- NA ............... INCIN; or CHOXD fb (BIODG or INCIN.ing operations from the pieduction or formulaebo at CARON).ethylene bidi"tiocarbamic acid and its salts.

U328 . ......... ................... o-toluidine ...................................................................................... &ip-5% -4 ....... INCIN; or CHOXD fb. (BIO G or INCtN; or ThermalCARBN); or BIODG fb CARON. Destruction.

U353 ................................... p-toluidine ....................................................................................... 1 ..... INCIN; or CHOXD fb, (BIODG or INCIN; or ThermalCARBN); or BIODG fb CARON. Destruction.

U359 .................................... 2-ethoxy-ethanol: ...................................................... ...... 1,1& 6-5 ..... INCIN; or CHOXD fb, (BIODG or INCIN; or FSUBS.CARBN); or BIODG fb CARON.

(b) Any person may submit anapplication to the Administratordemonstrati* that an alternativetreatment method can achieve ameasure of performance equivalent tothat achieved by methods specified inparagraphs (a), (c), and (d) of thissection for wastes or specified in Table1 of § 268.45 for hazardous debeiA Theapplicant must submit informatiordemonstrating that his treatment methodis in compliance with federal, state, andlocal requirements and is protecte ofhuman health and the, environment. Onthe basis of such information and anyother available information, theAdministrator may approve the use ofthe alternative treatment method if hefinds that the alternative treatmnt

method provides a umeafeperfomance equivsat to tMf achievedby- methods specified in paragraphs (a),(cl, and (d) of this section for wastes orin Table 1 of J 268.4& ail Mamdousdebris. Any, a~peavet ewar be stated inwriting and may contain suchr'provisionsand conditions as the Admiaisakatordeems appropriate. The pessm to whomsuck approval i& iseedt rmot eonplywith all limitatimis conrtained in such adetermination.

W) Radioactive hazasdoa, mixedwastes with treatment sksderdisspecified ia Table 3- e4 thi set'ion arenot subject to any treatment standardsspecified in §§ 268.41 or 261.43, or Table2ol this section. Ra ctiw limardous

mixed wastes not subject to treatmentstandards in Table 3 of this sectionremain subject to all applicabletretment standards specified in§§ 268.41, 268.43, and Table 2 of thissection. Hazardous debris containingradioactive waste is not subject to thetreatment standards specified in Table 3of this section but is subject to thetreatment standards specified in§ 268.45.

37. In § 268.43(a) Table CCW isamended by revising the entries forF001-F005 spent solvents, K015, K016,K018, K019, K020, K023, K024, K028,K030, K043, K048, K049, K050, K051,K=52. K087, K093, K094. U028, U069,UIDU& U102, U107, and U190, byremoving the entry for U042, and by

37273




adding the entries for F037, F038, K117, § 268.43 Treatment standards expressedKl18, K131, K132, and K136 in as waste concentrations.alphanumerical order to read as follows: (a) * * *

268.43.-TABLE CCW.-CONSTITUENT CONCENTRATIONS IN WASTES

CAS number Wastewaters NonwastewatersWaste code Commercial See also Regulated hazardous for regulated

chemical name constituent hazardous Concentration Notes Concentra- Notesconstituent (mg/I) tion (mg/I)

F001-F005 spent NA ......................................................................... Acetone .................................. 67-64-1solvents.

F037 .......................... NA............ Table CCWE in268.41.

F038 .......................... NA............ Table.CCWE in268.41.

K015 .......................... NA............ Table CCWE in268.41.

Ayienets, ...............................................................Cyanides (Total) .................... 57-12-5Chromium (Total) ................... 7440-47-32Lead ........................................ 7439-92-1Benzene .................................. 71-43-2

Benzo(a)pyrene ...................... 50-32-8Bis(2-ethyhexyl) phthalate 117-81-7Chrysene ................................ 218-01-9Di-n-butyl phthalate ............... 84-74-2Ethylbenzene ......................... 100-41-4Fluorene .................................. 86-73- 7Naphthalene ........................... 91-20-3Phenanthrene ......................... 85-01-8Phenol ..................................... 108-95-2Pyrene ..................................... 129-00-0Toluene ................................... 108-88-3Xylene(s) ..........................................................Cyanides (Total) .................... 57-12-5Chromium (Total) ................... 7440-47-32Lead ........................................ 7439-92-1

Anthracene ............................. 120-12-7

Benzal Chloride ..................... 98-87-3

Benzene .................................. 71-43-2n-Butyl alcohol ....................... 71-36-3Carbon tetrachloride ............. 56-23-5Chlorobenzene ....................... 108-90-7Cresol (m- and p-isomers) ..................................o-cresol .................................................................o-Dichlorobenzene ................ 95-50-1Ethyl acetate ..... ... 141-7-Ethyl benzene ........................ 100-41-4Ethyl ether .............................. 60-29-7Isobutyl alcohol ...................... 78-83-1Methylene chloride ................ 75-9-2Methyl ethyl ketone ............... 78-93-3Methyl isobutyl ketone .......... 108-10-1Nitrobenzene .......................... 98-95-3Pyridine .................. 110-86-1Tetrachloroethylene .............. 127-18-4Toluene .................................. 108-88-31,1,1-Tichloroethane ............ 71-55-1, 1,2-Trichloroethane ............ 79-00-5Trichloroethylene ................... 79-01-61.1,2-Trichloro- 1,2,2- 76-13-1

trifluoromethane.Trichloromono- 75-69-4

fluoromethane.Xylenes (total) ......................................................

Acenaphthene ........................ 208-96-8

Anthracene ............................. 120-12-7Benzene .................................. 71-43-2Benzo(a)anthracene .............. 50-32-8Benzo(a)pyrene ...................... 117-81-7Bis(2.ethylhexyl) phthalate 75-15-0Chrysene ................................ 218-01-9Di-n-butyl phthalate ............... 105-67-9Ethylbenzene ......................... 100-41-4Fluorene .................................. 86-73-7Naphthalene ....................... 91-20-3Phenanthrene ......................... 85-01-8Phenol ..................................... 108-95-2Pyrene ..................................... 129-00-0Toluene ................................... 108-88-3

0.28

0.0705.60.0570.0570.770.110.0880.340.0570.125.60.0890.280.140.0680.0140.0560.080.0540.0300.0540.057

0.02

0.32

0.059

0.0590.140.0590.0610.280.0590.0570.0570.0590.0590.0590.0390.0670.080.320.0280.20.0370.14

0.0610.280.0590.0570.0570.0590.0590.0590.0390.0670.0800.320.0280.20.037

0.059

0.28

160 ...............

3.7 (I)2.6 ...............5.6 ...............5.7 ...............3.2 ...............5.6 ...............6.2 ...............

33 ...............6.0 ...............

160 ...............170 ...............33 ...............36 ...............33 ...............1416 ...............5.6 ..............

28 ..............5.6 ...............76 (1)5.6 ...............

28 ...............

33 ...............

28 ...............

NA ...............

28 (a)14 (a)20 (')12 (')

7.3 (a)15 (')

3.6 (a)14 (')

NA42 (a)34 (a)3.6 (')

36 (')14 (')22 (a)

1.8 (')NA ...............NA14 (')

12 (')7.3 (a)

15 (a)3.6 (')

14 (a)NA42 (a)34 (a)

3.6 ( )36 (a)14 (')22 (')

1.8 (a)NA ...............NA ...............

3.4 (a)

6.2 (a)




268.43.-TABLE CCW.-CONSTITUENT CONCENTRATIONS IN WASTES-Continued

CAS number Wastewaters NonwastewatersWaste code Commercial See also Regulated hazardous for regulated

chemical name constituent hazardous Concentration Notes Concentra- Notesconstituent (mg/I) tion (mg/I)

K016 ............. NA.............................

Sum of Benzo(b) tluoran-thene and Benzo(k) fluo-ranthene.

Phenanthrene ...............Toluene......................Chromium (Total) ...........Nickel.........................Hexachlorobenzene........Hexachlorobutadiene.......Hexachlorocyclopenta-

diene.Hexachloroethane .......Tetrachloroethene .......

7'

K018 .... ......... NA.................................. Chloroethane ....................Chloromethane ......................1,1-Dichloroethane ................1,2-Dichloroethane ................Hexachlorobenzene ..............Hexachlorobutadiene ............Pentachloroethane ................1,1,1-Trchloroethane ............Hexachloroethane .................

K019 ............. NA.......................... Bis(2-chloroethyl) ether.Chlorobenzene .......................Chloroform ..............................p-Dichlorobenzene ................1.2-Dichloroethane ................Fluorene ..................................Hexachloroethane .................Naphthalene ...........................Phenanthrene .........................1,2,4,5-

Tetrachlorobenzene.Tetrachloroethene .................1,2,4-Tdchlorobenzene .........1,1,1-Tnchloroethane ............

K020 ........... NA.............................. 1,2-Dichloroethane ................1, 1,2,2-TetrachloroethaneTetrachloroethene .................

207-08-9 0.055

85-01-8 0.059108-88-3 0.08

440-47-32 0.327440-02-0 0.44

118-74-1 0.05587-68-3 0.05577-47-4 0.057

67-72-1 0.055127-18-4 0.056

76-00-3 0.2774-87-3 0.1975-34-3 0.059

107-06-2 0.21118-74-1 0.05587-68-3 0.05576-01-7 NA71-55-6 0.05467-72-1 0.055

111-44-4 0.033108-90-7 0.05767-66-3 0.046

106-46-7 0.09107-06-2 0.2186-73-7 0.05967-72-1 0.05591-20-3 0.05985-01-8 0.05995-94-3 0.055

127-18-4 0.05612042-1 0.05571-55-6 0.054

106-93-4 0.2179-34-6 0.057

127-18-4 0.056

K023 ............. NA.............................. Phthalic anhydride (meas- 85-44-9ured as Phthalic add).

K024 ............. NA.............................. Phthalc anhydride (meas- 85-44-9ured as Phthalic acid).

K028 ............. NA............ Table CCWE in 1,1-Dlchloroethane trans- 75-34-3268.41. 1,2-.

Dichloroethane .....................................................Hexachlorobutadiene ............ 87-68-3Hexachloroethane ................. 67-72-1Pentachloroethane ................ 76-01-71,1,1,2-Tetrachloroethane .... 630-20-61,1,2,2-Tetrachloroethane 79-34-61,1,1,-Trichloroethane ........... 71-55-61,1,2-Trichloroethane ............ 79-00-5Tetrachloroethylene .............. 127-18-4Cadmium ............ 7440-43-9Chromium (Total) ................... 7440-47-32Lead ........................................ 7439-92-1Nickel ........ .......... 7440-02-0

K030 ...........NA.............................. o-Dichlorobenzene ................p-Dichlorobenzene ..............Hexachlorobutadiene ............Hexachloroethane .................Hexachloropropene ..............Pentachlorobenzene .............Pentachloroethane ................1,2,4,5-

Tetrachlorobenzene.Tetrachloroethene .................1,2,4-Trichlorobenzene.

K030 ............. NA.............................. 2,4-Dichlorbphenol ..............2,6-Dichloropheno .................2,4,5-Trichlorophenol ............2,4,6-Trichlorophenol ............

95-50-1106-46-787-68-367-72-1

888-71-7608-93-5

76-01-795-94-3

127-18-4120-82-1

120-83-2187-65-095-95-488-06-2

0.069

0.069

0.059

0.0540.0550.055

NA0.0570.0570.0540.0540.056

.6.40.350.0370.47

0.0880.090.0550.055

NANANA

0.055

0.0560.055

0.0440.0440.180.035

3.46.0

NANA285.65.6

286.0

6.0NA6.06.0

285.65.66.0

285.66.06.0

NA6.0

NA285.65.6

NA

6.0196.06.05.66.0

28

28

6.0

6.05.6

285.65.65.66.06.06.0

NA,NANANA

NANA

5.6281928

5.614

6.019

0.380.348.27.6

(,)(I)

(,)( ')(I)

(,)

(,)

(I)

(,)

(1)(,)

(,)

(1)(I)(I)

(,)

(I)

(I)(')

(,)

(,)(I)(,)(1)(,)(,)

(,)

(1)

(,)

(,)

(,)(I)(I)(,)(,)

(I)(I)

(,)

(,)(I)(,)(1)(1)

(I)

(I)

(')

(,)(1)(I)

.. ... . .. .

I




268.43.-TABLE CCW.-CONSTITUENT CONCENTRATIONS IN WASTES-COntinued

CAS number Wastewaters NonwastewatersWaste code Commerci eeasRegulated hazardous for regulated

chemicaldeameeSeeaalsoeonstituent hazardous Concentration Not CcNotesconstituent (mg/I) tion (mg/I)

K048 .......................... NA............ Table CCWE in268.41.

K049 ............... NA............ Table CCWE in268.41.

KOSO .......................... NA............ Table CCWE in268.41.

K051 .......................... NA............ Table CCW E in268.41.

Tetrachlorophenols (Total) .................................Pentachlorophenol ................ 87-86-5Tetrachloroethene ................ 79-01-6Hexachlorodibenzo-p- ..............................

dioidns.Hexachlorodibenzofurans ...................................Pentachlorodibenzo-p- ..............................

dioxins.Pentachlorodibenzo furensTetrachlorodibenzo-p-

dioxins.Tetrachlorodibenzofurans .....

Benzene .................................. 71-43-2

Benzo(a)pyrene ...................... 50-32-8Bis(2-ethyhexy4) phthalate 117-81-7Chrysene ................ . 218-01-9Di-n-butyl phtha tate 84-74-2Ethylbenzne ............ 100-41-4Fluorene . .. .. . ... 86-73-7Naphthalene ......................... 91-20-3Phenanthrene ............ . 85-01-8Phenol ... ...... 108-95-2Pyrene ................................... 129-00-0Toluene ................................. 108-88-3xYleo(a) . ..........................Cyanides (Total) ................... 57-12-5Chromium (Total) ................. 7440-47-32Lead .... .......... 7439-92-1Anthracene ............................ 120-12-7

Benzene .................................. 71-43-2Benzo(a)pyrene ..................... 117-81-7Bis(2-ethyltwhxyl) phthalate... 75-150-0Carbon disuffide ..................... 75-15-0Chrysene ................ 2218-01-92,4-Dimeth phenol .............. 105-67-9E benzene ......................... 100-41-4Naphthalene ........................... 91-20-3Phenanthrene ......................... 85-01-8Phenol .................................... 108-95-2Pyrene ..................................... 129-00-0Toluene ................................... 10888-3Xylene(s ...............................................................Cyanides (Tota) .................... 58-12-5Chromium (Total) ................... 7440-47-32Lead ........................................ 7439-92-1

Benzo(a)pyrene ...................... 50-32-8Phenol ..................................... 108-95-2Cyanides (Total) .................... 57-12-6Chromium (Total) ................... 7440-47-32Lead ........................................ 7439-29-1Acenaphthene ........................ 83-32-9

Anthracene ............................. 120-12-7Benzene .................................. 71-43-2Benzo(a) anthracene ............. 50-32-8Benzo(a)pyrene ...................... 117-81-7Bis(2-ethylhexyl) phthalate ... 75-15-0Chrysene ............................... 2218-01-9Di-nbutyl phthalate ............... 105-67-9Ethylbenzene ......................... 100-41-4Fluorene ................ 86-73-7Naphthalene ......................... 91-20-3Phenanthrene ....................... 85-01-8Phenol ..................................... 108-95-2Pyrene .. .............. 129-00-0Toluene .................. 108-88-3Xylene(s) ............................. . ............Cyandides (Total) .................. 57-12-5Chromium (Total) ................... 7440-47-32Lead ..................................... 7439-92-1Benzene ............................. 71-43-2Benzo(a)pyrene ..................... 50-32-8

NA0.0890.0560.000063

0.0000630.000063

0.000063

0.000063

0.000063

0.14

0.0610.280.0590.0570.0570.0590.0590.0590.0390.0670.0800.320.0280.20.0370.059

0.140.0610.280.0140.0590.0360.0570.0590.0590.0390.0670.080.320.0280.20.037

0.0610.0390.0280.20.0370.059

0.0590.140.0590.0610.280.0590.0570.0570.0590.0590.0590.0390.0670.080.320.0280.20.0370.140.061

0.68 (')1.9 (I)

1.7 (')0.001 (')

0.001 (')0.001 (')

0.001 (')0.001 (i)

0.001 (')

(2) 14 (')

(2) 12 (')(2) 7.3 (a)

(2) 15 ()(2) 3.6 (')(2) 14 (')(2) NA(2) 42 (')(2) 34 (I)(2) 3.6 (a)

(2) 36 (')(2) 14 (')(2) 22 (')(i) 1.8 (')

NA ...............NA

(2) 28 (')

(2) 14 (1)(2) 12 (')(2) 7.3 (I)(2) NA ..............(2) 15 (1)(2) NA ...............(2) 14 (')(2) 42 (1)(2) 34 (')

(2) 3.6 ()(2) 36 (1)(2) " 4 (1)(2) 22 (')4') 1.8 41)

NA ...............N A ...............

(2) 12 (')(2) 3.6 (')(I) 1.8 (')

NA ...............NA ...............

(2) NA ..............

(2) 28 (')(2) 14 (')(2) 20 (1)(2) 12 (')(2) 7.3 (a)(1) 15 (')(2) 3.6 (')(2) 14 (')(2) NA ..............(2) 42 (')(2) 34 (3)(2) 3.6 (')(2) 36 (')(2) 14 (')(2) 22 C')(a) 1.8 (')

NANA

(2) 14 (')(2) 12 (')




268.43.-TABLE CCW.-CONSTITUENT CONCENTRATIONS IN WASTES-Continued

CAS number Wastewaters NonwastewatersCommercial See also Regulated hazardous for regulated

Waste code chemical name constituent hazardous Concentration Notes Concentr- Notesconstituent (mg/I) tion (mg/I)

K052 .......................... NA............ Table CCWE in268.41.

K087 .......................... NA............ Table CCWE in268.41.

K093 .......................... N A ................

K094 ....................... NA ..............................

Kill .............NA...................

K(17 ..........................NA .............

K(18 ..........................NA .............

K131 .............NA...................K132 .............NA...................K136 .............NA...................

U028 .......................... Bis(2-ethylhexyl)phthalate.

U069 ........... Di-n-butyl

phthalate.

U088 .......................... Diethyl phthalate ......

U102 .......................... Dimethyl phthalate...

U107 .......................... Di-n-octylphthalate.

o-Cresol .................................. 95-48-7

p-Cresol .................................. 106-44-52,4-Dimethylphenol ............... 105-67-9Ethylbenzene .............. 100-41-4Naphthalene ........................... 91-20-3Phenanthrene........................ 85-01-8Phenol ..................................... 108-95-2Toluene .................... .............. 108-88-3Xylenes ................................Cyanides (Total) .................... 56-12-5Chromium (Total) ................... 7440-47-32Lead ........................................ 7439-92-1

Acenaphthalene ..................... 208-96-8

Benzene .................................. 71-43-2Chrysene ................................ 218-01-9Fluoranthene .......................... 206-44-0Indeno (1,2,3-cd) pyrene 193-39-5Naphthalene ........................... 91-20-3Phenanthrene ......................... 85-01-8Toluene ................................... 108-88-3Xylenes .................................................................Lead ........................................ 7439-92-1Phthalic anhydride (meas- 85-44-9

ured as Phthalic acid).Phthalic anhydride (meas- 85-44-9

ured as Phthalc acid).

2,4-Dinitrotoluene .................. 121-14--22,6-Dinitrotoluene ... ......... 606-20-2

Ethylene dibromide ............ 106-93-4Methyl bromide ...................... 74-83-9Chloroform .............................. 67-66-3Ethylene dibromide ................ 106-93-4Methyl bromide ...................... 74-83-9Chloroform .............................. 67-66-3Methyl bromide ...................... 74-83-9Methyl bromide ...................... 74-83-9Ethylene dibromide ................ 106-93-4Methyl bromide ...................... 74-83-9Chloroform .............................. 67-66-3

Bis(2-ethylheyl) phthalate ... 117-81-7

Di-n-butyl phthalate ............... 84-74-2

Diethyl phthalate .................... 84-66-2

Dimethyl phthalate ................ 131-11-3

Di-n-octyl phthalate ............... 117-84-0

0.11

0.770.0360.0570.0590.0590.0390.080.320.0280.20.037

0.059

0.140.0590.0680.00550.0590.0590.080.320.0370.069

0.069

0.320.55

0.0280.110.0460.0280.110.0460.110.110.0280.110.046

0.28

0.057

0.2

0.047

0.017

6.2 I)

6.2 I)NA ...............14 (1)42 v)34 (1)

3.6 (')14 (')22 (')

1.8 4')NA ...............NA ..............

3.4

0.071 (')3.4 (')3.4 (1)3.4 (2)3.4 (2)3.4 Ii)0.65 (')0.07 (')

NA28 (')

28 (')

140 (')28 (')

15 (')15 (')5.6 (1

1515 (')5.6 (')

15 (1)15 (')15 (')15 (')5.6 (')

28 I')

28 (')

U190 .......................... Phthalic anhydride ........................................... Phthalic anhydride (meas-(measured as ured as Phthalic acid).Phthalic acid).

85-44-9 0.069

Treatment standards for this organic constituent were established based upon incineration in units operated in accordance with the technical requirements of40 CFR 264 Subpart 0 or Part 265 Subpart 0. or based upon combustion in fuel substitution units operating In accordance with applicable technical requirements. Afacility may certify compliance with these treatment standards according to provisions in 40 CFR Section 268.7.

= Based on analysis of composite samples.

NOTE: NA means Not Applicable.

38. In subpart D, § 268.45 with Table 1 §268.45 Treatment standards foris added to read as follows: hazardous debris.

(a] Treatment standards. Hazardousdebris must be treated prior to land

disposal as follows unless EPAdetermines under § 261.3(e)(2) of thischapter that the debris is no longercontaminated with hazardous waste or

28 (')




the debris is treated to the waste-specific treatment standard provided inthis subpart for the waste contaminating.the debris:

(1) General. Hazardous debris must betreated for each "contaminant subject totreatment" defined by paragraph (b) ofthis section using the technology ortechnologies identified in Table I of thissection.

(2) Characteristic debris, Hazardousdebris that exhibits the characteristic ofignitability, corrosivity, or reactivityidentified under § § 261.21, 261.22, and201.23 of this chapter, respectively, mustbe deactivated by treatment using oneof the technologies identified in Table 1of this section.

(3) Mixtures of debris types. Thetreatment standards of Table 1 in thissection must be achieved for each typeof debris contained in a mixture ofdebris types. If an immobilizationtechnology is used in a treatment train,it must be the last treatment technologyused.

(4) Mixtures of contaminant types.Debris that is contaminated with two ormore contaminants subject to treatmentidentified under paragraph (b) of thissection must be treated for eachcontaminant using one or moretreatment technologies identified inTable 1 of this section. If animmobilization technology is used in atreatment train, it must be the lasttreatment technology used.

(5) Waste PCBs. Hazardous debristhat is also a waste PCB under 40 CFRpart 761 is subject to the requirements ofeither 40 CFR part 761 or the

requirements of this section, whicheverare more stringent.

(b) Contaminants subject totreatment. Hazardous debris must betreated for each "contaminant subject totreatment." The contaminants subject totreatment must be determined asfollows:

(1) Toxicity characteristic debris. Thecontaminants subject to treatment fordebris that exhibits the ToxicityCharacteristic (TC) by § 261.24 of thischapter are those EP constituents forwhich the debris exhibits the TC toxicitycharacteristic.

(2) Debris contaminated with listedwaste. The contaminants subject totreatment for debris that iscontaminated with a prohibited listedhazardous waste are those constituentsfor which BDAT standards areestablished for the waste under§§ 268.41 and 268.43.

(3) Cyanide reactive debris.Hazardous debris that is reactivebecause of cyanide must be treated forcyanide.

(c) Conditioned exclusion of treateddebris. Hazardous debris that has beentreated using one of the specifiedextraction or destruction technologies inTable 1 of this section and that does notexhibit a characteristic of hazardous"waste identified under subpart C, part201, of this chapter after treatment is nota hazardous waste and need not bemanaged in a subtitle C facility.Hazardous debris contaminated with alisted waste that is treated by animmobilization technology specified in

Table 1 is a hazardous waste and mustbe managed in a subtitle C facility.

(d) Treatment residuals-(1) Generalrequirements. Except as provided byparagraphs (d)(2) and (d)(4) of thissection:

(i) Residue from the treatment ofhazardous debris must be separatedfrom the treated debris using simplephysical or mechanical means; and

(ii) Residue from the treatment ofhazardous debris is subject to thewaste-specific treatment standardsprovided by subpart D of this part forthe waste contaminating the debris.

(2) Nontoxic debris. Residue from thedeactivation of ignitable, corrosive, orreactive characteristic hazardous debris(other than cyanide-reactive) that is notcontaminated with a contaminantsubject to treatment defined byparagraph (b) of this section, must bedeactivated prior to land disposal and isnot subject to the waste-specifictreatment standards of subpart D of thispart.

(3) Cyanide-reactive debris. Residuefrom the treatment of debris that isreactive because of cyanide must meetthe standards for D003 under § 268.43.

(4) Ignitable non wastewater residue.Ignitable nonwastewater residuecontaining equal to or greater than 10%total organic carbon is subject to thetechnology-based standards for D001:"Ignitable Liquids based on§ 261.21(a)(1)" under § 268.42.

(5) Residue from spalling. Layers ofdebris removed by spalling arehazardous debris that remain subject tothe treatment standards of this section.

TABLE 1.-ALTERNATIVE TREATMENT STANDARDS FOR HAZARDOUS DEBRIS

Performance and/or design and operating standard__ __ _ __ _ __ _ __ _ I -

A. Extraction Technologies:1. Physical Extractiona. Abrasive Blastirg: Removal of contaminated

debris surface layers using water and/or airpressure to propel a solid media (e.g., steelshot, aluminum oxide grit, plastic beads).

b. Scarification, Grinding, and Planing: Processutilizing striking piston heads, saws, or rotatinggrinding wheels such that contaminated debrissurface layers are removed.

c. Spalling: Drilling or chipping holes at appropriatelocations and depth in the contaminated debrissurface and apptying a tool which exerts a forceon the sides of those holes such that the sur-face Jayer is removed. The surface layer re-moved remains hazardous debris subject to thedebris treatment standards.

d. Vibratory Finishing: Process utilizing scrubbingmedia, flushing fluid, and oscillating energy suchthat hazardous contaminants or contaminateddebris surface layers are removed.

4

Glass, Metal, Plastic, Rubber: Treatment to a cleandebris surface.3

Brick, Cloth, Concrete, Paper Pavement, Rock,Wood* Removal of at least 0.6 cm of the surfacelayer; treatment to a clean debris surface.

3

Same as above ................................

Contaminant restrictions 2

All Debris: None.

Same as above.

Sam e as above ................................................................... Sam e as above.

Same as above .................................................................. I Same as above.

Technology description




TABLE 1.-ALTERNATIVE TREATMENT STANDARDS FOR HAZARDOUS DEBRIS 1-Continued

Technology description

e. High Pressure Steam and Water Spray " Appi-cation of water or steam sprays of sufficienttemperature, pressure, residence time, agitation,surfactants, and detergents to remove hazard-ous contaminants from debris surfaces or toremove contaminated debris surface layers.

2. Chemical Extractiona. Water Washing and Spraying" Application of

water sprays or water baths of sufficient temper-ature, pressure, residence time, agitation, surfac-tents, acids, bases, and detergents to removehazardous contaminants from debris surfacesand surface pores or to remove contaminateddebris surface layers.

b. Liquid Phase Solvent Extractiogn Removal ofhazardous contaminants from debris surfacesand surface pores by applying a nonaqueousliquid or liquid solution which causes the hazard-ous contaminants to enter the liquid phase andbe flushed away from the debris along with teliquid or liquid solution while using appropriateagitation, temperature, and residence time.4

c. Vapor Phase Solvent Exraction: Application ofan organic vapor using sufficient agitation, resi-dence time, and temperature to cause hazard-ous contaminants on contaminated debris sur-faces and surface pores to enter the vaporphase and be flushed away with the organicvapor.

4

3. Thermal Extractiona. HIgh Temperature Metals Recovery Application

of sufficient heat, residence time, mixing, fluxingagents, and/or carbon in a smelting, melting, orrefining furnace to separate metals from debris.

b. Themmal Deso, rpdon: Heating in an enclosedchamber under either oxidizing or nonoxidizingatmospheres at sufficient temperature and resi-dence time to vaporize hazardous contaminantsfrom contaminated surfaces and surface poresand to remove the contaminants from the heat-Ing chamber in a gaseous exhaust gas.'

B. Destruction Technologies:1. Bo/goca/ Desfuctb (Bodegisawon): Remov-

aI of hazardous contaminants from debris sur-faces and surface pores in an aqueous solutionand biodegration of organic or nonmetallic inor-ganic compounds (.e., inorganics that containphosphorus, nitrogen, or suur) in units operatedunder eter aerobic or anaerobic conditions.

Performance and/or design and operating standard4 1-

Same as above ..........................

A# Debns- Treatment to a clean debris surface; 3

Brick, Cloth, Concrete, Pper, Pavement RockWood. Debris must be no more then 1.2 cm (inch) in one dimension (i.e., thickness lmit,'except that this thickness limit may be waivedunder an "Equivalent Technology" approval under§ 268.42(b);' debris surfaces must be in contactwith water solution for at least 15 minutes

Sam e as above ..................................................................

Same as above, except that brick, coth, concrete,paper, pavement, rock and wood surfaces must bein contact with the organic vapor for at least 60minutes.

For refining furnaces, treated debris must be sepa-rated from treatment residuals using simple physi-cal or mechanical means.' and, prior to furthertreatment, such residuals must meet the waste-specific treatment standards for organic com-pounds in the waste contaminating the debris.

A# Debds: Obtain an "Equivalent Technology" ap-proval under § 268.42(b);= treated debris must beseparated from treatment residuals using simplephysical or mechanical means,' and, pnor to fur-ther treatment, such residue must meet the waste-specific treatment standards for organic com-pounds in the waste contaminating the debts.

Bnck coth. Concrete, Paer, Pavement RockWood' Debris must be no more than 10 cm (4inches) in one dimension (ie.. thickness limi).'except that this thickness Om may be waivedunder the "Equivalent Technology' approval

All Debris: Obtain an "Equivalent Technology" ap-proval under § 268.42(b);$ treated debris must beseparated from treatment residal using swiplephysical or mechanical means'n d. prior to fur-ther treatment, such residue must meet the waste-specific treatment standards for organk: com-pounds in the waste contemintling the debris.

Brick Ooth Concrete Paer Pavement Rock.Wood- Debris must be no more than 1.2 cm 1%inch) in one dimension (Le.. thickness niit),'except that this thickness limit may be waivedunder the "Equivalent Technology" approval

2. Chemical Destructiona. Chemical Oxidation: Chemical or electolytic oxi- All Debrs:" Obtain an "Equivalent Technology" ap-

dation utilizing the following oxidation reagents proval under § 268.42(b);' treated debris must be(or waste reagents) or combination of ree- separated from treatment residuals usking simplegernts--l) hypochiorite (e.g, bleach); (2) chlo- physical or mechanical means.' a prior to kfr-rine; (3) chlorine dioxide; (4) ozone or UV (ultra- ther treatment, such residue must meet the waste-violet light) assisted ozone; (5) peroxides; (6) specific treatment standards for organic corn-persulfates; (7) perchlorates; (8) permangan- pounds in the waste contaminating the debris.ates; and/or (9) other oxidizing reagents of BrnckA Cloth Concra'e, PAW Peiement Rockequivalent destruction efficiency.' Chemical oxi- Wood Debris must be no more than 1.2 cm (dation specifically includes what is referred to as inch) In one dimension (i.e., thickness lit),'alkaline chlorination, except that this thickness WM may be waived

under the Equivalent Technology" approval

Contaminant restrictions '

Same as above.

Brmk Clot, Concrete, PApe, Paremert RockWood. Contaminant must be soluble to at least5% by weight in water solution or 5% by weight inemulsion; if debris is contaminated with a dloxin-listed waste,' an "Equivalent Tectnology" approv-al under I 268.42(b) must be obtained.'

Bc*. Cyot Concrte Paper Pement Rock.Wood. Same as above, except that contaminantmust be soluble to at least 5% by weight in thesolvent.

Same as above.

Debris contaminated with a dlo.dn-sted waste:'Obtain an "Equivalent Technology" approvalunder § 268.42(b).6

Al Debrs: Metals other than mercury.

A# Debris: Metal contaminants.

Al Disbt- Metal contaminanft




TABLE 1.-ALTERNATIVE TREATMENT STANDARDS FOR HAZARDOUS DEBRIS '--Continued

Technology description Performance and/or design and operating standard Contaminant restrictions =

b. Chemical Reduction: Chemical reaction utilizing Same as above ............................ Same as above.the following reducing reagents (or waste rea-gents) or combination of reagents: (1) sulfurdioxide: (2) sodium, potassium, or alkali salts ofsulfites, bisulfites, and metabisulfites, and poly-ethylene glycols (e.g., NaPEG and KPEG); (3)sodium hydrosulfide; (4) ferrous salts; and/or (5)other reducing reagents of equivalent efficien-cy.4

3. Thermal Destruction: Treatment in an incinerator Treated debris must be separated from treatment Brick Concrete, Glas& Metal, Pavement Rockoperating in accordance with Subpart 0 of Parts residuals using simple physical or mechanical Metal: Metals other than mercury, except that264 or 265 of this chapter; a boiler or Industrial means,' and, prior to further treatment, such resi- there are no metal restrictions for vitrification.furnace operating in accordance with Subpart H due must meet the waste-specific treatment stand- Debris contaminated WM a dioxin-listed waste.'of Part 266 of this chapter, or other thermal ards for organic compounds in the waste contami- Obtain an "Equivalent Technology" approval undertreatment unit operated in accordance with Sub- nating the debris. § 268.42(b),' except that this requirement does notpart X, Part 264 of this chapter, or Subpart P, apply to vitrification.Part 265 of this chapter, but excluding for pur-poses of these debris treatment standards Ther-mal Desorption units.

C. Immobilization Technologies:1. Macroencapsuabon: Application of surface Encapsulating material must completely encapsulate None.

coating materials such as polymeric organics debris and be resistant to degradation by the(e.g., resins and plastics) or use of a jacket of debris and its contaminants and materials intoinert inorganic materials to substantially reduce which it may come into contact after placementsurface exposure to potential leaching media. (leachate, other waste, microbes).

2. Microencapsulation: Stabilization of the debris Leachability of the hazardous contaminants must be None.with the following reagents (or waste reagents) reduced.such that the leachability of the hazardous con-taminants is reduced: (1) Portland cement; or (2)lime/pozzolans (e.g., fly ash and cement kilndust). Reagents (e.g., iron salts, silicates, andclays) may be added to enhance the set/curetime and/or compressive strength, or to reducethe leachability of the hazardous constituents.5

3. Sealing:* Application of an appropriate material Sealing must avoid exposure of the debris surface to None.which adheres tightly to the debris surface to potential leaching media and sealant must beavoid exposure of the surface to potential leach- resistent to degradation by the debris and itsing media. When necessary to effectively seal contaminants and materials Into which it maythe surface, sealing entails pretreatment of the come into contact after placement (leachate. otherdebris surface to remove foreign matter and to waste, microbes).clean and roughen the surface. Sealing mated-als include epoxy, silicone, and urethane com-pounds, but paint may not be used as a sealant

Hazardous debris must be treated by either these standards or the waste-specific treatment standards for the waste contaminaft the debris. The treatmentstandards must be met for each type of debris contained in a mixture of debris types, unless the debris is converted into treatment residue as a result of thetreatment process. Debris treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.2 Contaminant restriction means that the technology Is not BDAT for that contaminant If debris containing a restricted contaminant is treated by the technology.the contaminant must be subsequently treated by a technology for which it is not restricted In order to be land disposed (and excluded from Subtite C regulation).

3 "Clean debris surface" means the surface, when viewed without magnification, shall be free of all visible contaminated soil and hazardous waste except thatresidual staining from soil and waste consisting of light shadows, slight streaks, or minor discolorations, and soil and waste in cracks, crevices, and pits may bepresent provided that such staining and waste and soil in cracks, crevices, and pits shall be limited to no more than 5% of each square inch of surface area.

4 Acids, solvents, and chemical reagents may react with some debris and contaminants to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen cyanide. Some acids may also react violently with some debris and contaminants, depending on theconcentration of the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in Material Safety Data Sheets forvarious acids to avoid applying an incompatible acid to a particular debris/contaminant combination. For example, concentrated sulfuric acid may react violently withcertain organic compounds, such as acrylortrile.

6 If reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60 mm minimum particle size limit fordebris,such material is subject to the waste-specific treatment standards for the waste contaminating the material, unless the debris has been cleaned and separated fromcontaminated soil and waste prior to size reduction. At a minimum, simple physical or mechanical means must be used to provide such cleaning and separation ofnondebris materials to ensure that the debris surface is free of caked soil, waste, or other nondebris material.

6 Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, F021, F022, F023, F026, and F027.7 Thermal desorption is distinguished from Thermal Destruction in that the primary purpose of Thermal Desorption is to volatilize contaminants and to remove

them from the treatment chamber for subsequent destruction or other treatment.8'The demonstration "Equivalent Technology" under § 268.42(b) must document that the technology treats contaminants subject to treatment to a level

equivalent to that required by the performance and design and operating standards for other technologies in this table such that residual levels of hazardouscontaminants will not pose a hazard to human health and the environment absent management controls.

' Any soil, waste, and other nondebris material that remains on the debris surface (or remains mixed with the debris) after treatment is considered a treatmentresidual that must be separated from the debris using, at a minimum, simple physical or mechanical means. Examples of simple physical or mechanical means arevibratory or trommel screening or water washing. The debris surface need not be cleaned to a "clean debris surface" as defined in note 3 when separating treateddebris from residue; rather, the surface must be free of caked soil, waste, or other nondebris material. Treatment residuals are subject to the waste-specifictreatment standards for the waste contaminating the debris.

39. In subpart D, § 268.46 is added to § 268.46 Alternative treatment standardsread as follows: based on HTMR.

Table I identifies alternativetreatment standards for F006 and K062nonwastewaters.




TABLE 1.-ALTERNATIVE TREATMENT STANDARDS

CAS No. for Non-Waste See also Regulated hardous constituent regulated wastewaterscode hazardous concentration

constituent. (mg/i) TCLP

F006. .... Table CCWE in 268.41 and Table CCW in 268.43 ............................. Antlomony ..................................................................... 7440-36-0 2.1Arsenic ......... ......... 7440-38-2 0.055Barium ...................... 7440-39-3 7.6Beryllium ....................................................................... 7440-41-7 0.014Cadmium ....................................................................... 7440-43-9 0.19Chromium (total) ......................................................... 7440-47-32 0.33Cyanide (mg/kg) (total) ............................................. 57-12-5 1.8Lead .............................................................................. 7439-92-1 0.37Mercury 4........................................................................ 7439-97-6 0.009Nickel ............................................................................. 7440-02-0 5.0Selenium .................................................................... 7782-49-2 0.t6Silver...._..... .................................... ....... .. 7440-22-4 0.30Thallium ................................................................................................ 0.078Zinc ....................................................................... 7440-66-6 5.3

K062 ............ Table CCWE In 268.41 and Table CCW in 268.43 ............................. Antimony ....................................................................... 7440-36-0 2.1Arsenic ......................................................................... 7440-38-2 0.055Barium ........................................................................... 7440-39-3 7.6Beryllium ........................................................................ 7440-41-7 0.014Cadmium ... ...... 7440-43-9 0.19Chromium (total) .......................................................... 7440-47-32 0.33Lean ............................................................................... 7439-92-1 0.37Mercury ......................................................................... 7439-97-6 0.009Nickel ............................................................................. 7440-02-0 5.0Selenium ....................................................................... 7782-49-2 0.16Silver ............................................................................. 7440-22-4 0.30Thallium .................... .......................................................................... 0.078Zinc ............................................................................. 7440-66-6 5.3

40. In § 268.50, paragraph (a)(1) andthe introductory text of paragraph (a)(2)are revised to read as follows:

§ 268.50 Prohibitions on storage ofrestricted wastes.

(a] * * *

(1) A generator stores such wastes intanks, containers, or containmentbuildings on-site solely for the purposeof the accumulation of such quantities ofhazardous waste as necessary tofacilitate proper recovery, treatment, ordisposal and the generator complieswith the requirements in § 262.34 andparts 264 and 265 of this chapter.

(2] An owner/operator of a hazardouswaste treatment, storage, or disposalfacility stores such wastes in tanks,containers, or containment buildingssolely for the purpose of theaccumulation of such quantities ofhazardous waste as necessary tofacilitate proper recovery, treatment, ordisposal and:* * * * *

41. In Part 268, appendix II is revisedto read as follows:

Appendix I-Treatment Standards (AsConcentrations In the Treatment ResidualExtract)

Note: The treatment standards for F00-F005 Spent Solvent Wastes appear in§§ 268.41, 268.42, 268.43.

PART 270-EPA ADMINISTEREDPERMIT PROGRAMS: THEHAZARDOUS WASTE PERMITPROGRAM


Authority: 42 U.S.C. 6905, 6912, 6924, 6925.6927, 6939, and 6974.

43. In § 270.13, paragraph (n) is addedto read as follows:

§ 270.13 Contents of Part A of the permitapplication.* * * * *

(n) For hazardous debris, adescription of the debris category(ies)and contaminant category(ies) to betreated, stored, or disposed of at thefacility.

44. In § 270.14, paragraph (b)(2) is.revised to read as follows:

§ 270.14 Contents of Part B: Generalrequirements.

(b) * * *(2) Chemical and physical analyses of

the hazardous waste and hazardousdebris to be handled at the facility. At aminimum, these analyses shall containall the information which must beknown to treat, store, or dispose of thewastes properly in accordance with part264 of this chapter.* * * * *

45. In § 270.42, paragraph (e](3)(ii)(B}is revised to read as follows:

§ 270.42 Permit modification at therequest of the permittee.t * * * *

(e) * • •(ii) * * *

(B) To allow treatment or storage intanks or containers, or in containmentbuildings in accordance with 40 CFRpart 268;* * * * *

46. In § 270.42, appendix I is amendedby adding entry 6 to section I., and byadding new section M. to read asfollows:

APPENDIX I TO § 270.42--CLASSIFICATIONOF PERMIT MODIFICATION

Modifications Class

I. Enclosed Waste Piles.

6. Conversion of an enclosed waste pile toa containment building unit ............... 2

M. Containment Buildings.1. Modification or addition of containment

building units:a. Resulting in greater than 25% increase

in the facility's containment buildingstorage or treatment capacity ................... j

b. Resulting in up to 25% increase in thefacility's containment building storageor treatment capacity .................................. 2

2. Modification of a containment buildingunit or secondary containment systemwithout increasing the capacity of the unit... 2

3. Replacement of a containment buildingwith a containment building that meetsthe same design standards provided:a. The unit capacity is not increased ............ I

37281




APPENDIX I TO § 270.42-CLASSIFICATION § 270.72 Changes during Interim status.OF PERMIT MODIFICATION-Continued * * * * *

Modifications Class

b. The replacement containment buildingmeets the same conditions in theperm it ............................................................ 1

4. Modification of a containment buildingmanagement practice ................... 2

5. Storage or treatment of different wastesin containment buildings:a. That require additional or different

management practices ................................ 3b. That do not require additional or differ-

ent management practices ......................... 2

47. In § 270.72, paragraph (b)(6) isrevised to read as follows:

(b) * * *(61 Changes to treat or store, in tanks,

containers, or containment buildings,hazardous wastes subject to landdisposal restrictions imposed by part268 of this chapter or RCRA section3004, provided that such changes aremade solely for the purpose ofcomplying with part 268 of this chapteror RCRA section 3004.

PART 271-REQUIREMENTS FORAUTHORIZATION OF STATEHAZARDOUS WASTE PROGRAMS


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

Subpart A-Requirements for FinalAuthorization

49. Section 271.1(j) is amended byadding the following entries to Table 1in chronological order by date ofpublication in the Federal Register, andby adding the following entries to Table2 in chronological order by effectivedate to read as follows:

§ 271.1 Purpose and scope.* * * * *

TABLE 1.-REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Promulgation date Title of regulation Federal Register Effective datereference

August 18, 1992 ....................................................................... ....... Land disposal restrictions for newly listed (Insert Federal Register June 30, 1992.wastes in § 268.36 (b)-(g). (FR) page number].

...... Do ........................................................................................................... Land disposal restrictions for newly listed ...... Do ................................... Novem ber 9,wastes in § 268.36(a), hazardous debris, and 1992.generic exclusion for K062 and F006 non-waste-waters.

TABLE 2.-SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Effective date Self-implementing provision RCRA citation Federal Register reference

June 30, 1992 ................................................................ Surface Impoundment Retrofit ..................... [Insert Federal Register August 18, 1992, 57 FR(FR) page numbers].

November 9, 1992 ........................................................ Prohibition on land disposal of hazard- ...... Do ................................... August 18, 1992, 57 FRous debris and newly listed wastes.

February 18, 1993 ......................................................... Containment buildings ................................... ...... Do ................................... August 18, 1992 , 57 FR

[FR Doc. 92-15997 Filed 8-17-92; 8:45 am]BILLING CODE 6580-0-M



tuesday, august 18, 1992 rules and regulations debris ...€¦ · 37194 federal register / vol. 57,...

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