Hazardous Waste: Guidelines and Regulations, Federal ...

PROPOSED RULES

[6560-01-M]ENVIRONMENTAL PROTECTION

AGENCY'

[40 CFR Part 250]

[FRL 1014.5]

HAZARDOUS WASTE GUIDELINES ANDREGULATIONS

AGENCY: Environmental ProtectionAgency..ACTION: Proposed rules.

SUMMARY: The Environmental Pro-tection Agency (EPA) today issues pro-posed rules under Sections 3001, 3002,and 3004 of the Solid Waste DisposalAct as substantially amended by theResource Conservation and RecoveryAct of 1976 (Pub. L. 94-580 (Oct. 21,1976)). These proposals respectivelycover: (1) criteria for identifying andlisting hazardous waste, identificationmethods, and a hazardous waste list;(2) standards applicable to generatorsof such waste for recordkeeping, label-ing, containerizing, and using a trans-port manifest; and (3) performancestandards for hazardous waste man-agement facilities. In separate sectionsof today's FEDERAL REGISTER EPA ex-plains in detail the proposals underSectioh 3002 and 3004.

These proposals together with thosealready published pursuant to Section3003, (April 28, 1978, 43 FR 18506-18512), Section 3006 (February 1, 1978,43 FR 4366-4373), Section 3008(August 4, 1978, 43 FR 34738-34747),and Section 3010 (July 11, 1978, 43 FR29908-29918) and that of the Depart-ment of Transportation pursuant tothe Hazardous Materials Transporta-tion Act (May 25, 1978, 43 FR 22626-22634) along with Section 3005 regula-tions constifute the hazardous wasteregulatory program under Subtitle Cof the Act.

EPA has chosen to integrate its reg-ulations pursuant to Section 3005 andSection 3006 of the Act with proposalsunder the National Pollutant Dis-charge Elimination System requiredby Section 402 of the Clean Water Actand the Underground Injection Con-.trol Program of the Safe DrinkrigWater Act. This integration of pro-grams will appear soon as proposedrules under 40 CFR Parts 1.22, 123, 124and 128.

In addition to the proposals an-nounced today,.EPA is publishing intoday's FEDERAL REGISTER an AdvanceNotice of Proposed Rulemaking, thatcalls attention to suggested expansionof characteristics to be used in identi-fying hazardous waste under SubtitleC.DATES: Comments are due March 16,1979. Hearings: listed below.

ADDRESSES: Comments should beaddressed to: John P. Lehman,'Direc-tor, Hazardous Waste Maragement Di-vision, Office of Solid Waste (WH-565), U.S. Environmental ProtectionAgency, Washington, D.C. 20460. Com-munications should identify the regu-latory docket or notice number, suchas "Section 3001", Section 3002", etc.

The official record for this rulemak-ing is available at: Room 2111D, U.S.Environmental Protection Agency, 401M Street, S.W., Washington, D.C.'20460, and is available for viewingfrom 9:00 a.m. to 4:00 p.m. Mondaythrough Friday, excluding holidays. .

Hearings; Five sets of consolidatedpublic hearings on Section 3001-4 pro-posals are scheduled. The portion ofthe hearing devoted to Section 3003will be held jointly with the Depart-ment of Transportation.

The schedule and location for thehearings are as follows:February 7, 8. 9 (1979)-United Engineering

Center, Main Auditorium, 345 East 47thStreet, New York, N.Y.

February 14, 15, 16-Breckenrdge PavilionHotel, One Broadway, St. Louis, Missouri63102, 314-421-1776

February 20. 21, 22-Department of Com-merce, Main Auditorium, 14th Street En-trance, Washington, D.C.

March 7, 8, 9-Holdlay Inn-Airport. P.O.Box 38218, 4040 Quebec Street, Denver,Colorado 80216. 303-321-6666.

March 12, 13, 14-EPA Regional Office,Sixth Floor Conference Room, 215 Fre-mont Street, San Francisco, Calif.

A block of rooms has been reservedin St. Louis and Denver for attendees.Please make reservations directly withthe hotel by requesting -an EPA re-served room at least two weeks priorto the hearing.

An evening session will be held thesecond day of each hearing to accom-modate those who cannot attendduring the day. The evening sessionwill cover all four proposed regula-tions.

The agenda below will generally befollowed:

Day 1:Registration-8:00-8:30 a.m.Section 3001-8:30-5:00 p.m.

Day 2:Continuing Registration-8:00-8:30 a.m.Section 3002-8:30-12:30Section 3003-2:00-5:00 p.m.Section 3001-3004-7:00 p.m.

Day 3:Continuing Registration-8:00-8:30 a.m.Section 3004-78:30-5:00 p.m. -

Anyone wishing to make an oralstateiaent(s) at the hearing(s) shouldnotify, in writing;

Mrs. Geraldine Wyer, Public ParticipationOfficer, Office of Solid Waste (WH-562).U.S. E.P.A., 401 M Street SW., Washing-ton, D.C. 20460.

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FEDERAL REGISTER, VOL 43, NO. 243-MONDAY, DECEMBER 18, 1978

Please indicate which hearing (loca-tion) and the specific regulation(s)that comment(s) will be directed to.

Oral or written comments may besubmitted at the public hearings. Per-sons who wish to make oral presenta-'tions must restrict their presentationsto ten minutes, and are encouraged tohave written copies of their completecomments for inclusion in the officialrecord.

'FOR FURTHER INFORMATIONCONTACT:

Hazardous Waste Management Divi-sion, Office of Solid Waste (WH-565), U.S. Environmental ProtectionAgency, Washington, D,C, 20460.Section 3001-Mr. Alan Corson, 202-755-9187.Section 3002-Mr. Harry Trask, 202-755-9187.Section 3004-Mr. Timothy Fields,Jr., 202-755-9296.

SUPPLEMENTARY INFORMATION:

INTRODUCTION

The EPA is today proposing the coreelements of a major regulatory pro-gram to manage and control the coun-try's hazardous waste from generationto final disposal. The Congress direct-ed this action in the Resource Conser-vation and Recovery Act of 1976(RCRA), recognizing that disposal ofhazardous waste is a crucial environ-mental and health' problem whichmust be controlled.,

In our proposal, we have outlinedtwo sets of requirements: one whichsets norms of conduct for Federal andState agencies in Implementing theprogram and the second which setsminimum norms of conduct for thosewho generate, transport, treat, store,and dispose of hazardous waste,

These requirements, we believe, willclose the circle of environmental con-trol begun earlier with regulatory con-trol of emissions and -discharges ofcontaminants to air, water, and theoceans.

We do not underestimate the com-plexity and difficulty of our proposedregulations. Rather, they reflect thelarge amounts of hazardous waste gen-erated and the complexity of themovement of hazardous waste in ourdiverse society. These regulations willaffect a large number of industries.Other non-industrial sources of haz-ardous waste, such as laboratories andcommerical pesticide applicators, aswell as transporters of hazardouswaste, will also be included. TheAgency estimates that approximately270,000 waste generating facilities and10,000 transporters will be regulated,although only about 30,000 of thatnumber will require treatment, stor-age_ or disposal -permits. Under this-

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PROPOSED RULES

program, approximately 35 millionmetric tons per year of hazardouswaste, mainly from industrial sources.will be controlled, while another sever-al hundred million, tons per year ofhigh-volume, relatively low-risk waste,such as certain mining waste, will bebrought under limited control pendingfurther rulemaking.

These proposed controls are neces-sary to protect public health and theenvironment. Based on documenteddamage cases and other data, EPA es-timatesthat'disposal of as much as 90percent of hazardous waste is not cur-rently in accord with these proposedrules.

The Resource Conservation and Re-covery Act, under which the Agency isacting, is a demanding statute. It re-quires promulgating seven regulationsproviding comprehensive control ofhazardous waste from its generation toits final disposal- The statute set adeadline of April 1978 for the promul-gation of these regulations, and theAgency has been sued for not meetingthat deadline. Our action today isbased on the need and the Agency'scommitment to act as quickly as possi-ble to create a system to manage haz-ardous waste.

Our proposal is the result of twoyears of analysis and consultation bythe staff of the Agency with the inter-ested and affected -parties throughoutState and Federal government and theprivate sector. In dealing with a newand extremely complex area of envi-ronmental regulation, our objectivehas been to create a program based onas much substantive data and analysisas possible, but even where we havelimited data the statute requires thatwe establish standards and controls.

The fact that the Agency is propos-ing these rules, however, does notmean that final judgments have beenmade on the ,program described in theproposal A number of issues havebeen identified, and in some cases al-ternatives have been suggested, onwhich we seek public comment.

Further, the Agency anticipates andexpects that during the commentperiod additional issues will be identi-fied and alternatives not described inthe proposal will be suggested. TheAgency affirmatively solicits compre-hensive review during the commentperiod, in the hope that the final pro-mulga'tion of these rules will representthe sound exercise of authority grant-ed to us by Congress, and will servethe public interest by protectinghuman health and the environment inthe most efficient and effective way.

The Agency requests comments onall issues raised in the preambles tothese regulations and the documentsreferenced therein, all issues raised bythe regulations, and any issues raisedin Sections 3001, 3002, and 3004 of the

Resource Conservation and RecoveryAct which may not be addressed intoday's FEDERAL REGLSTER.

Because we are launching this ex-traordinarily important program, weespecially need not only comments butideas. For Instance, one issue raised inthis proposal involves balancing theneed to protect human health and theenvironment from the adverse impactof potential mismanagement of smallquantities of hazardous waste with theneed to hold the administrative andeconomic burden of management ofthese wastes under RCRA within rea-sonable and practical limits.

* The Agency has proposed a condi-tional exclusion of persons who gener-ate and dispose of 100 kilograms permonth or less of hazardous waste. An-other alternative that has been sug-gested is to use a 1000 kilograms permonth exclusion. These alternatives.however, raise Issues which are verydifficult to resolve. The Agency recog-nizes that there is some hazardouswaste which If Improperly disposed Inquantities smaller than 100 kilogramscan present a significant threat topublic health and the envlronmentThere may be other ways to describethe types and quantities of hazardousvaste which should be subject to fullcontrols under this program. TheAgency positively solicits such propos-als.

A second major issue concerns theimpact of these proposed regulationson a small number of industrial prod-uct categories. These impacts includethe possiblities of plant closures Insome of these segments.

The Agency recognizes that It is im-possible to change waste disposal prac-tices overnight. We estimate that Itwill take up to five years for EPA andthe States to issue permits to all treat-ment, storage, and disposal sites. TheAct provides for phrasing the regula-tory program by authorizing existingsites to obtain interim status underSection 3005. During the interimstatus period, a facility is subject onlyto a limited set of requirements pend-ing issuance of a full permit. TheAgency has developed implementationplans which would give first, priorityfor permitting to off-site disposal facil-ities and new facilities, and whichwould seek to consolidate permittingunder RCRA with discharge permits

. under the Clean Water Act whereverpracticable. Furthermore, the Agencyexpects that many permitted facilitieswill be placed on compliance schedulesunder which they will have time to up-grade their facilities. We seek com-ment on the most desirable strategyfor phasing Implementation of theAct.

The Agency believes that the Statesare the preferred level of governmentfor Implementation of this program. If

this preference is to be realized, theStates need the information and guid-ance that is contained in this proposaland the promulgated requirementsthat will follow in order to preparetheir programs. Although the Agencyrecognizes that there are several issuesand provisions In these regulationswhich will be modified l6efore finalpromulgation, the provisions of theseregulations dealing with design andperformance standards, and the designof the manifest system, should givethe States Improved ability to preparefor carrying out this program. In par-ticular, the' design and performancestandards proposed today should pro-vide a measure for evaluating the ade-quacy and/or inadequacy of existingand abandoned hazardous waste sites.

One last point concerns the periodfor public comment. As stated earlier,the Agency Is in litigation regardingthe schedule for promulgating theseregulations. We must anticipate thatthe Court will issue an order establish-ing a final promulgation date whichmay require us to further expedite ourwork on these regulations. According-ly, we plan to close the public com-ment on March 16, 1979, and thepublic should therefore ensure thatthe Agency receives all comments bythat date.

OVERV-w or SU'T= CHAZARDOUS WAs=E CO=OL PROGRAM

The proposals announced today andthe Section 3005-6 proposals will,when they are promulgated along withthe other rules that have already beenproposed, establish .a comprehensivesystem designed to safely dispose-of,treat, store or reuse hazardous waste.The statutory authority for these reg-ulations is the Resource Conservationand Recovery Act of 1976, 42 USC6901 et seq. (referred to from time to.time as "RCRA" or "the Act"). In asense EPA Is today attempting to"close the loop" on environmental pro-tection: EPA has and the States havesubstantial programs in place to con-trol air and water pollution, and to re-strict unsafe pesticide use. But the ul-timate fate of the pollutants removedfrom the air and water has become agreat concern. As Congress stated inSection 1002(b)(3) of the Act:

As a result of the Clean Air Act, theWater Pollution Control Act, and other Fed-eral and State laws respecting public healthand the environment, greater amounts ofsolid waste (in the form of sludge and otherpollution treatment residues) have been cre-ated. Similarly. Inadequate and environmen-tally unsound practices for the disposal oruse of solid waste have created greateramounts of air and water pollution andother problems for the environment and forhealth.

Virtually every day, the media car-rles a story on a dangerous situation


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PROPOSED RULES

resulting from improper disposal ofhazardous waste. The tragedy at LoveCanal in New York State is but onerecent example. EPA has compiledover 400 casd studies of the harmfulconsequences of inadequate hazardouswaste management. These cases in-clude incidents of surface and ground-water contamination, direct contacpoisoning, various forms of air pollu-tion, and damage from fires and explo-sions. Nationwide, half of. all drinkingwater is supplied 'from groundwatersources and in some areas contamina-tion of groundwater resources current-ly poses a threat to public health. EPAstudies of a number of generating in-dustries In 1975 showed that approxi-mately 90% of the potentially hazard-ous waste geherated by those indus-tries was managed by practices whichwere not adequate for protectibn ofhuman health and the environment.

The Resource Conservation and Re-covery Act of 1976 was passed to ad-dress these problems. Subtitle C estab-lishes a comprehensive program toprotect the public health and environ-ment from improper disposal of haz-ardous waste. Although the outline ofthe programs is to be announced bythe Federal government, the Act pro-vides that States with adequate pro-grams can assume responsibility forregulation of hazardous waste. Thebasic idea of Subtitle C is that thepubllp health and environment will beprotected If there is careful monitor-ing of transportation of hazardouswaste, and assurance that such wasteis treated or disposed of either at thesite where it is generated or after it iscarried from that site to a special- fa-cility (both on-site and off-site facili-ties would require permits) in accord-ance with certain standards, publishedunder.Section 3004 (and also proposed,tday).

The Act requires EPA to define haz-ardous waste, and to publish standards.that generators of such waste mustfollow so that if the substance is notdisposed of where it is generated,every person coming in contact withthe waste will know exactly what thewaste is, and the quantity. Wastewhich is defined as hazardous can bedisposed of, treated, or stored at theplace of generation or at an off-site fa-cility, only in accordance with Federalstandards published Under Subtitle C,or, after States have assumed the pro-grams, in accordance with those Statestandards. There are serious conse-quences if persons subject to this Actdo not obey the requirements for rec-ordkeeping and reporting, transporta-tion, or treatment, storage, and dispos-al.

Launching this Subtitle C programis an ambitious undertaking becausethere is so much waste and becausethere are so many people who will be

subject to these regulations (under theregulatory program being proposedtoday approximately 272,000 wastegenerators would become subject tothe Federal requirements). There area number of major issues on whichEPA seeks assistance from the public.These issues are highlighted in the re-spective preambles published today.Any regulatory program as large andas new as the hazardous waste pro-gram can be expected to require manyadjustments on the part of the regu-lated community. In particular, the re-quirement that generators of hazard-ous waste must manage their waste inan environmentally sound manner willcreate large new demand for adequatehazardous waste management capac-ity. EPA must take.into account theneed for more hazardous waste man-agement capacity as it develops thisregulatory program because publichealth and the environment will notbe well protected if one of the resultsof the program is to shut down mostof the facilities curr.ently available.EPA also has considered the Adminis-trative feasibility of running a fullscale hazardous waste control pro-gram. It is concerned that by attempt-ing initial coverage of waste, gener-ators, and disposers that is quite'broad, the whole program includingaddressing the problems brought onby 'the most hazardous will becomebogged down.

Unlike the EPA experience with theClean Air Act and Clean Water Act,RCRA wa *'not preceded by substan-tial Federal involvement in the sub-stantive areas covered by RCRA. Norwas there considerable Congressionaldebate .over key provisions in RCRA;indeed, there is not even a ConferenceReport. Thus, EPA has been forced tomake several initial policy decisionswithout the assistance of clear Con-gressional direction. One paramountconcern does stand out in review ofRCRA: Congress believed that the im-proper management of hazardouswastes is an imminent -national prob-'lem and the EPA, in its implimenta-tion of this new public health legisla-tion, should attempt as quickly as pos-sible to bring hazardous waste trans-portation and disposal under Federalcontrol. In its definition of hazardouswaste, particularly in its listing of spe-cific hazardous waste streams, EPAhas not demanded extensive empiricaltesting of particular substances.Rather, the Agency has relied on a va-riety of information including knowl-edge of the substances that enterwaste streams as a result of air andwater pollution control efforts, to clas-sify those waste streams. In the rulesproposed today provision is made forpersons who wish to demonstrate bycertain tests that their wastes shouldnot be included.in Subtitle C coverage.

There are some Issues that permeatethe Subtitle C program. The first re-lates to reliance on waste-specificstandards versus Industry-specificstandards. Under the water and airpollution laws regulations are directedat specific private or public sources.Under RCRA, regulations for the mostpart will be based on standards that donot vary according to the source. EPAexperts believe that most waste classi-fled as hazardous requires similarmanagement techniques. This is truenot only for the financial and adminis-trative requirements of the program,but also with respect to performance,design, and operating standards fortreatment, storage, and disposal facili-ties. However, It was also determinedthat some waste can be handled withdiffering facility design and operatingstandards or differing administrativerequirements, and still be handled insuch a way as to meet environmentaland public health standards. FurthecFthere is some waste for which insuffi-cient data are available to determineappropriate management techniques,The proposed rules attempt to controlthis problem by allowing for the following: (1) general standards for trins-portation, treatment, storage, and dis-posal applicable to all waste; (2) specif-ic provisions In the treatment, Storage,and disposal regulations for differentdesign and operating standards to beused by permit writers In the prepara.tion of permits for specific waste typesand facilities as long as an equivalentor greater degree of performance Isachieved; (3) deferral of applicabilityof most of the treatment, storage, anddisposal standards for selected high-volume, relatively low risk waste cate-gories (i.e., mining waste, utility waste,gas and oil drilling muds, gypsumpiles, and cement kiln dusts) until in-formation is gathered and assessed todetermine how they can best be han-died; and (4) specific provisions for thelarge numbers of retailers, farmers,and generators of small quantities ofhazardous waste.

The second major Issue relates tothe possible phasing of the Subtitle Cprogram, such as by first Issuing regu-lations for- (or making general regula-tions first effective with respect to)the most hazardous wastes first. Phas-ing could be accomplished by address.ing only larger (either in terms ofnumber of facilities or amount ofwaste) industry categories first, Tosome extent, deference has been paidto phasing by proposing special proce-dures for mining waste, utility waste,etc. But EPA is not relying on the ap-proach nearly to the extent that it hasin implementing the Clean Water Act,for example, where small pollutionsources often are excluded altogetherfrom the national pollution regulatorycoverage.


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A third set of basic issues revolvesaround the regulatory definition ofhazardous waste; this' will be analyzedin more detail below.

It is difficult to evaluate any oneSection of Subtitle C without appreci-ating the interlocking function of theseven sections establishing the hazard-ous waste program.. Section 3001 willbe explained in some detail in this pre-amble; it essentially defines thosewastes deemed to be hazardous andtherefore subjected to Subtitle C. Al-though in other preambles associatedwith the other specific proposals. Sec-tions 3002-3006 and Section 3010 areexplained, it may assist in understand-ing Section 3001 if a brief summary ofthose other provisions is presented.

Subtitle C creates a "cradle-to-grave" management control system for]Uazardous waste. Solid waste which isexcluded from Subtitle C will be sub-ject to the requirements of Subtitle Dof the Act, under which open dumpingis prohibited and environmentally ac-ceptable practices are required.

Section 3002 addresses the standardsapplicable to generators. EPA's regula-tions under this section define gener-ators to exclude individual homeown-ers and others who produce smallquantities of hazardous waste whichdo not pose a significant threat tohuman health or the environment.Section 3002 regulations announce themechanics of the manifest systemwhich will track waste transported.from the point of generation to its ul-timate disposition.

Section 3003 authorizes standardsfor transporters of hazardous waste, toassure that such waste is carried care-fully. The Agency has attempted tocoordinate closely with proposed andcurrent U.S. Department of Transpor-tation (DOT) regulations.

Section 3004 addresses standards af-fecting owners and operators of haz-ardous waste treatment, storage, anddisposal facilities. These standardsdefine the levels of human health andenvironmental .protection: to beachieved by these facilities and pro-vide the criteria against which EPA(or State) officials will measure appli-cations for permits. Facilities on a gen-"erator's property as well as off-sitefacilities are covered by these regula-tions and do require permits; gener-ators and transporters do not other-wise need permits.

Section 3005 regulations set out thescope and coverage of the actualpermit-granting process for facilityowners and operators. Requirementsfor the permit application as well asfor the issuance and revocation proc-ess are defined by regulations to beproposed under 40 CFR Parts 122, 124,and 128. Sections 3005(e) provides forinterim status during the time periodthat the Agency or the States are re-

PROPOSED RULES

viewing the pending permit applica-tions. Special regulations under Sec-tion 3004 apply to facilities during thisinterim status period.

Section 3006 requires EPA to Issueguidelines under which States mayseek both full and interim authoriza-tion to carry out the hazardous wasteprogram In lieu of an EPA-adminis-tered program. States seeking authori-zation in accordance with Section 3006guidelines need to demonstrate thattheir hazardous waste managementregulations are consistent wit andequivalent in effect to EPA regula-tions under Sections 3001-5.

Section 3010 requires any persongenerating, transporting, or owning oroperating a facility for treatment,storage, and disposal of hazardouswaste to notify EPA of this activitywithin 90 days after promulgation orrevision of regulations Identifying andlisting a hazardous waste pursuant toSection 3001. No hazardous waste sub-ject to Subtitle C regulation may be le-gally transported, treated, stored, ordisposed after the 90-day period unlessthis timely notification has been givento EPA or an authorized State duringthe above 90-day period. Owners andoperators of inactive facilities are notrequired to notify.

Table I appearing below cross refer-ences the numbered sections of theAct to the Subpart designations to beused in the regulations:

TABLE I

Solid Waste Disposal Act as amendedSubtitle C-Numbering SystemSubpart A-Section 3001 Identification. and

Listing of Hazardous WasteSubpart B-Section 3002 Standards Applica-

ble to Generators of Hazardous WasteSubpart C-Section 3003 Standards Applica-

ble to Transporters of Hazardous WasteSubpart D-Section 3004 Standards for

Owners and Operators of HazardousWaste Treatment, Storage. and DisposalFacilities

Subpart E-Section 3005 Permits for Treat-ment, Storage, and Disposal of Hazard-ous Waste

Subpart F-Section 3006 Guidelines for Au-thorized State Hazardous Waste Pro-grams

Subpart G-Section 3010 Preliminary Notl-- ficatlon of Hazardous Waste Activities.A "sunshine" philosophy was used in

the development of these proposedregulations.. Over 85 public meetingshave been held throughout the Nationover the past 20 months with partici-pation by industry, citizens, and envi-ronmental groups; Federal, State, re-gional, and local government repre-sentatives; and the general public. Asthe several drafts of each of the regu-lations proposed today were devel-oped, they were sent for comment toState officials and over 800 industrialconcerns and environmental groups.In addition, the EPA Office of SolidWaste and regional office personnel

58949

have made presentations on the phi-losophy and content of the regulationsto literally hundreds of industry, legal,environmental, and State and localgovernment groups at conferences,seminars, and meetings of variouskinds. This process has resulted insubstantial improvement and refine-ment of the regulations.

A number of other Federal agencieshave participated directly on the EPAworking groups which have been re-sponsible for overseeing developmentof these regulations. The Intergovern-mental Regulatory TIalson -Group(IRLG) has assisted the Agency in de-velopment of test methods for defin-ing hazardous waste and in designa-tion of common codes in Subpart A ofthe regulations. The Department ofEnergy has provided significant assist-ance in regulatory development forutility waste control. The Agency hasclosely coordinated the content andtiming of the Subpart B and C regula-tions with the Hazardous MaterialTransportation Act (HMTA) hazard-ous material regulations developed bythe Department of Transportation. Infact. joint public hearings and meet-ings were held to consider the alreadyproposed Section 3003 and HMTA reg-ulations.

In addition to actual working groupinvolvement by a number of agencies,EPA has participated in more than 40meetings with Federal agencies con-cerning development of specific regu-lations.

State personnel from California,Texas, Illinois, Missouri, Mississippi,Tennessee, South Carolina, Maryland,and New Jersey all participated direct-ly on one or more of the work groups.Meetihgs were held with State govern-ment representatives in every EPA-region. In addition, the Agency hasmaintained close contact with the Na-tional Governors' Association subcom-mittee on hazardous waste on whichpersonnel from approximately 20States routinely participate. State as-sistance has been invaluable in devel-oping practical regulations since manyof the participating State have haddirect experience in implementing sim-ilar regulations at the State level.

(40 CFR PART 250 SuBPeAr A)SECUON 3001 IDENTIFICATION AND

LISTING OF HAZARDOUS WATU

Section 3001 is the keystone of Sub-title C. Its purpose is to provide ameans for determining whether awaste is hazardous for the purposes ofthe Act and, therefore, whether itmust be managed accbrding to theother Subtitle C regulations.

Section 3001(b) provides two mecha-nisms for determining whether awaste is hazardous: a set of character-istics of hazardous waste and a list ofparticular hazardous wastes. A waste




PROPOSED RULES

must be managed according to theSubtitle C regulations if it either ex-hibits any of the characteristics- setout in proposed regulation § 250.13 orif it is listed in §,250.14. (Reference'toa section of the regulation will be pre-ceded by "§" and of the Act by "Sec-tion".)' Also, EPA is directed by Sec-tion 3001(a) of the Act to develop cri-teria for Identifying the set of charac-.teristics of hazardous waste and fordetermining which wastes to list. Inthis proposed rule, EPA sets out thosecriteria, identifies a set of characteris-tics of hazardous waste, and estab-lishes a list of particular hazardous'wastes.lThe Act defines solid wastebroadly, so that included are essential-ly all substances destined for disposaland not regulated by the FederalWater Pollution Control Act orAtomic Energy Act of 1954. Onephrase contained in the Act's Section1004(27) lengthy definition of solidwaste that has caused some uncertain-ty is "other discarded material". Forthe purposes of this proposed rule,EPA has defined the term "other dis-carded material" to mean any materialwhich is: (1) not reused (that is, thematerial is abandoned or committed tofinal disposition); (2) reused, if suchuse constitutes disposal (as defined inSection 1004(3) of the Act); or (3) awaste oil (excluding animal or vegeta-ble oil), incinerated or burned as afuel.

Under this definition, for example,used solvents sent to a solvent reclaim-ing facility would not be considerecd adiscarded material, and, therefore,would not be considered a-solid wasteor a hazardous waste. Consequently,the solvent reclaiming facility wouldnot be subject to Section 3004 controlsnor would it require a RCRA permit.However, a solvent reclaimer would bea generator subject to Section 3002regulations if his waste is hazardous.Similarly, empty drums that formerlyc6ntained hazardous waste, but whichare being delivered for reconditioningand reuse, would not be included. Also,production residues (e.g., chemical in--termediates) being prepared for fur-ther processing or in the process ofbeing recycled (e.g., through a wasteexchange contract).are not consideredto be. discarded.

The second element of the definition,of "other discarded material" -coversmaterial which are reused by place-ment into or on any land or water sothat any constituent thereof mayenter the environment. This would: in-clude such materials reused as soilconditioners, fertilizers, fill material,dust suppressants, etc. The reuse ofmaterials in this manner could resultin serious adverse impacts due to un-controlled release and dispersion ofcontaminants into the environment.

-Waste oils are singled out for specialtreatment because the use of waste.oils for dust suppression or inciner-ation of these oils has been known tocause serious environmental effects

The Act defines "hazLrdous waste"in Section 1004(5) as:

A solid waste, or combination of solidwastes, which because of Its quantity, con-centration, or physical, chemical or infec-tious characteristics may-

(a) cause or significantly contribute to anincrease in mortality or an increase in seri-ous irreversible, or incapacitating reversible,illness; or

(b) pose a substantial present or potentialhazard to human health or the environmentehen improperly treated, stored, transport-ed, or disposed of, or otherwise managed.

Obviously, this definition cannot byitself provide clear guidance to wasteproducers as to whether their waste ishazardous. EPA is obligated by Sec-tion 3001 to flesh out the criteria forand characteristics of hazardouswaste. Section 3001(a) calls for theFederal government to identify thecriteria for Identifying the characteris-tics of and for listing hazardous waste.Section 3001(b) then provides twomechanisms for determining whethera waste is hazardous: a set of charac-teristics of waste and a list of particu-lar hazardous wastes.

Three criteria were used in develop-ing the candidate set of characteris-tics: that a characteristic was specifi-cally mentioned in Section 3001 orstrongly suggested by the definition of

.hazardous waste in Section 1004(5) ofthe Act; that damage cases collectedby EPA over the past several yearsdemonstrated incidents of harm tohuman health or the environment at-"tributable to a characteristic or prop-erty of waste; or that other govern-ment agencies or private organizationswhich regulate or recommend manage-ment methods for hazardous sub-stances have identified a characteris-tic.

Three criteria were then used for re-fining the candidate set of characteris-tics : that the characteristic provides agrnerally applicable description of awaste property or attribute ratherthan merely a list of sources; that thelikelihood of a' hazard developing ifthe waste is mismanaged is sufficientlygreat; and that a reliable identificationor test method for the presence of thecharacteristic is available. Use of thilast criterion has lead EPA to try todescribe each characteristic by specifictesting protocols. Where this was notpossibile (e.g., reactivity), the charac-teristic is set out as a description read-ily recognizable by persons working inthe field (e.g., "readily capable of deto-nation at normal temperatures andpressures") together with a test proto-col available in cases of uncertainty.

The Agency emphasizes that evenafter promulgation of these rules, nei-

ther the set of characteristics nor thelist are intended by the Agency to bestatic. Both may be added to orchanged by the Agency through therulemaking process as information de-velops. In addition, two procedures arebuilt into the Act to provide for publicinitiation of this process. Section3001(c) allows any State Governor topetition the Administrator to "Identifyor list a material as a hazardouswaste." Section 7004(a) allows anyperson to petition' the Administrator"for the promulgation, amendment, orrepeal of any regulation" under theAct. As both the set of characteristicsand the list will be "regulations underthe Act" once promulgated, the peti-tion process provided by Section7004(a) will be available for thoseseeking changes in the characteristicsor the list.

EPA distilled the common featuresof hazardous waste-when Improperlydisposed of-into the following groupsof candidate characteristics:

1. Ignitability.2. Corrosivity.3. Reactivity.4. Toxicity (using an extraction procedure

designed to determined the pollutants thatcould migrate from a waste when disposedin an open dump environment).

5. Radioactivity.6. Infectiousness.7. Phytotoxilcity.8. Teratogenicity and Mutagenicity.Today EPA proposes to rely only on

consideration of the first four charac-teristics because those are the onlyones for which the Agency confidentlybelieves test protocols are available,Also published today is an AdvanceNotice of Proposed Rulemaking thatwould, If promulgated, expand thecharacteristics to include radioactivity,unnatural genetic activity, bloaccumu-lation, and separate considerations oftoxicity to aquatic organisms, terres-trial plants and humans (via chronicexposure to organic chemicals;.,

The characteristics that EPA plansto use immediately are relativelystraightforward, the tests are Well de-veloped, inexpensive, and recognizedby the scientific ,community, and theycover a large proportion of the totalamount of hazardous waste EPA be-lieves should be controlled. Generatorswill not be required to test for charac-teristics of waste outside these charac-teristics for purposes of determining ifthe waste Is hazardous. HoWever, Itwas also decided to list specific hazard-ous wastes using all of the candidatecharacteristics.

Despite its perhaps literal applica-tion to these wastes, EPA has deletedfrom Section 3001 coverage the follow-ing categories of materials, relyingprincipally. on the legislative history ofRCRA, and on the desire to avoid un-necessary duplications with other reg-ulatory programs. The proposed regu-


58950



lations do not apply to agriculturalwaste, including manure and crop resi-dues, that are returned to the soil asfertilizers or soil conditioners; or tomost mining overburden intended forreturn to the mine site. This limitationin scope is based on the House Com-mittee Report accompanying 'theHouse Bill which was a predecessor tothe Act. See H. Rep. No. 94-1491, 94th.Cong., 2nd Sess. 2 X1976). However, theHouse Committee Report also statescertain mining overburdens may beconsidered hazardous; thus some arelisted in § 250.14.

Sewage sludge from publicly ownedtreatment works is excluded from cov-erage under this regulation and will beregulated under Section 405 of theClean Water Act. Section 1006(b) ofthe Act directs the Administrator tointegrate the regulations under thisAct with EPA's other regulatory au-thority, consistent with the goals andpolicies of all EPA's authority. EPA'sreliance on Section 405 of the CleanWater Act is intended to provideequivalent protection from improperlydisposed sewage sludge while avoidinga duplicative permit process.

With those exceptions noted,- anysolid waste which is described by the

,charactristic of §250.13' or is con-tained on the lists of § 250.14 is a haz-ardous waste subject to the regula-tions of this Part. Generators whoknow or have reason to -believe thattheir waste is hazardous must evaluatetheir waste against the characteristics.Of course, persons who generate wastespecifically described on the list ofhazardous wastes need not performany tests unless they wish to demon-strate that they are not subject toSubtitle C. Similarly, a generator mayelect to declare his waste to be hazard-ous and hence subject to the regula-tions of this Part without specificallytesting against the characteristics orexamining the list.

WASTE SAMPLING

The results from the testing meth-ods. provided in this Subpart are onlyas valid as the sample of the wasteused in the test is representative ofthe aggregate waste; Since the classifi-cation of the waste as hazardous de-pends on those results, the samplingprotocol used is essential to the imple-mentation of this Subpart.

Given the wide diversity of wastetypes, the large number of manufac-turing processes utilized, and themany points along the process streamaf which waste can be generated, theAgency does not have the resources or

* the time to develop sampling protocolsfor each process stream. In light ofthis, the Agency considered several al-ternatives. These included:

(1) Identifying those process streams'which are "typical" of those generat-

PROPOSED RULES

ing large volumes of hazardous wasteand writing exacting protocols for thesampling of these process types.

(2) Identifying the different types ofwaste matrices that exist and specify-ing sampling protocols for each matrixtype in recognition that the most diffi-cult aspect of sampling relates to theproblem of obtaining a representativesample of heterogeneous waste.

(3) Specifying no sampling protocols.The second option has been chosen.

This option has several advantagesover the first option. It does not leaveany industrial segment or processwithout a sampling protocol specifica-tion. Also, since it requires the gener-ator to determine the sampling tech-nique (by deciding what type ofmatrix the waste is in), it requires theperson most familiar with the wastemake-up to Identify the matrix type.Waste from the same general processcan and does vary as to consistencyand make-up. If EPA were to specify aparticular sampling protocol based onsome generalized Idea of what thewaste matrix usually resembles, thespecified protocol might be inappro-priate.

However, as long as a protocol isspecified for each type of waste, suchas drummed viscous liquids, tanktrucks, lagoons, etc., the sampling pro-tocol will be proper and the Agencyhas addressed the most Important andmost difficult aspect of waste sam-pling.

With that introduction, it Is now ap-propriate to examine the characteris-tics that EPA has chosen to definehazardous waste:

1. Ignitability. The objective of theignitability characteristic Is to identifywaste which presents fire hazard dueto being ignitable under routine wastedisposal and storage conditions. Theresulting fires at disposal and storagesites present not only the Immediatedanger of heat and smoke, but alsocan inibate ex'olosions, generate toxicvapors, and provide a pathway bywhich toxic particulates can spread tothe surrounding area. The term "Ignit-able" was chosen to avoid confusionwith the Department of Transporta-tion's category of "flammable" in itshazardous materials transportationregulations.

There are several methods used toidentify ignitable materials, dependingupon the physical state of the materi-als as a liquid, solid, or contained gas.The one most widely used for liquids,and for which the most background in-formation and verification exists, Isuse of the flash point of the material.The testing methods available forflash point measurements are also themost reproducible. The flash pointproposed as the upper limit for identi-fying Ignitable liquid waste, 140*F or60"C, was chosen taking into account

58951

the ambient temperatures to whichwaste may be exposed during manage-ment.

EPA has received comments duringthe development of these regulationsemphasizing the need for consistencywith DOT definitions for fire hazard-The flash point defining a DOT "flam-mable liquid" is 100'F (38' C) whilethat of a "combustible liquid" is 200'F(93"C). Although the DOT limit for"flammable liquid" is adequate fortransportation purposes, waste may besubject to much higher temperaturesduring storage, disposal, or handlingIncident to waste management; conse-quently theDOT level is not adequatefor the purposes of Section 3001. Com-ment is solicited on .this issue, howev-er.

For waste solids, EPA has proposeda descriptive definition of the proper-ties which make such waste ignitable.This approach was chosen because testmethods are not available for ignitablesolids which stimulate the field condi-tions to which a waste is subjectduring handling and management. Forwaste gases, EPA proposes to use theDOT Identilication for flammablecompressed gases, since the majorhazard to the environment arisingfrom flammable gases would be duringtransport.

2. Corrosivity. The corrosivity char-acteristic is designed to identify wastewhich must be segregated from otherwaste because of its ability to extractand solubilize toxic contaminants (es-pecially heavy metals) from otherwaste, and to identify waste which re-quires use of special containers be-cause of the danger that such wasteswill, over time, corrode the containersIn which they are segregated.

While heavy metal solubilization isan extremely complex phenomenon.pH has been found to be its most im-portant indicator. The pH limitschosen In these proposed regulationswere based upon skin corrosion limits,aquatic toxicity limits, and heavymetal solubilization data. The metalcorrosion limits were taken from DOTHazardous Materials regulations, be-cause EPA's concern about containerdamage is Identical to that of DOT'sin this case. Testing protocols arestandard EPA and DOT procedures.

It has begn suggested that the corro-sivity characteristic address percentacidity and alkalinity as well as pH, sothat more Information will be pro-vided to the disposer about the capac-ity of the waste to affect the pH of thesurroundings when disposed. Althoughthe Agency feels that such informa-tion would certainly be useful for dis-posal purposes, It does not have an ap-proach as to how percent acidity oralkalinity can be used in assessing thehazard a waste" presents. Comments

FEDEiAL REGISTER, VOL 43, NO. 243-MONDAY, DECEMBER 18, 1978



58952

are solicited as to how percent acidity-alkalinity should be addressed..

The proposed regulations addressonly liquid waste. The Agency is con-cerned that solid waste which formsaqueous solutions of high or low pHmay also present a danger; informa-tion is solicited concerning these dan-gers from waste solids.

3. Reactivity. The objective of thereactive waste characteristic is to iden-tify waste which under routine man-agement presents a hazard because ofinstability or extreme reactivity. Reac-tivity includes the tendency to autopo-lymerize; to create a vigorous reactionWith air or water; and to exhibit thefollowing problems: thermal instabil-ity with regard to shock, ready reac-tion to generate toxic gases, and thetendency to explode.

EPA has proposed a descriptive defi-nition of reactive waste, together withtest methods for thermail and shockinstability.

The largest stumbling block to devel-oping general test methods for use iniden'tifying reactive waste is that whilethere are many stresses (inputs ofenergy)' that may cause a waste toreact or. exhibit hazardous properties,there is no one stress that can causeall reactive waste to do so. To com-pound the problem, the reactivity of awaste sample is not just a function ofthe composition'of the waste, tempera-ture, and the availability of initiatingagents. Reactivity is also affected bythe mass and geometry of the waste,because these factors may affect itsheat transport properties. Thus, thereactivity of a tested waste samplemay not necessarily correspond to thereactivity of the waste as a whole.

Since reactive wasteis dangerous tothe generator's own operations (aswell as being hazardous for long termdisposal), generators of reactive wastetend to be aware that their waste has-that characteristic and that it requirescautious handling. For this reason,EPA feels that in the event that thegenerator is unsure of the reactivity ofthe waste, the proposed descriptivedefinition will be an adequate identifi-cation method when used in conjunc-tion with test methods identifyingthermal and shock instability.

4. Toxicity. The toxicity characteris-tic is intended to identify waste which,if improperly disposed of, may releasetoxic materials in sufficient amountsto pose a substantial hazard to humanhealth or the environment.

The concept of toxicity includes- sev-eral factors:

Unnatural genetic activity (includingoncogenic, mutagenic and teratogenicactivity);

Potential' for bioaccumulation intissue; or

Acute and chronic toxicity to variousorganisms, including humans.

PROPOSED RULES

The major problem with developinga simple characteristic to address allthese factors of toxicity is the difficul-ty in setting out either a test or a de-scription which could, for example,identify waste causing unnatural ge-netic activity, without creating a sig-nificant number of false negatives andfalse positives, and without a lengthytesting program. Thus, even thoughscience has -advanced to the pointwhere we can identify some oncogenic,mutagenic, teratogenic, and bioaccu-mulative waste, we do not yet have arelatively simple, well-accepted test ordescription to reliably identify allwaste in those categories. Consequent-

-ly, EPA.has decided to list specificwastes having those properties of'tox-icity if it can be shown that they maycause harm when improperly managedor can contribute to- an increase inmorbidity/mortality, and to publishfor comment in the ANPR, and set outfor future developiihent and incorpora-tion in the general hazardous wastecharacteristics, the other aspects oftoxicity. As further information is ob-tained and quantitative measurementtechniques are developed, these otheraspects probably will be added as chat'-acteristics of hazardous waste.

Since the most likely pathways for"exposures tor waste contaminants areleaching to groundwater or surfacerunoff, the only aspect of toxicity pro-posed for control now as a waste char-acteristic is chronic toxicity tohumans. This toxicity characteristic isbased on an Extraction Procedure, as-sumed forms of contamination, andreference to the EPA National InterimPrimary Drinking Water Standards.,The statutory definition of hazard-

ous waste in Section 1004(5) requiresEPA to make a judgment as to thehazard posed by a waste "when im-properly treated, stored, transported,or disposed of, or otherwise managed."For waste containing toxic constitu-ents, this hazard is dependent on twofactors: the intrinsic hazard, of theconstituents of the waste, and the re-lease of the constituents to the envi-ronment under conditions of impropermanagement.

Leachate formation and runoff arethe pathways most often responsiblefor the contamination of the environ-ment from hazardous waste. To assessthe hazard posed by these routes ofcontamination, EPA has developed aprocedure to measure the tendency ofthe constituents of a waste to migrateout and become available to contami-nate, the environment under poormanagement conditions. This proce-dure has been termed the ExtractionProcedure (EP). It was the originalintent of the Agency to develop an ex-traction procedure which.closely mod-eled the effects of indiscriminate landdisposal; these include weathering of

the waste and biological activity In theland disposal environment. The various procedures developed to modelthese conditions proved to be incom-patible with the bioassay techniquescontemplated (for ultimate inclusionin regulation and as noted in theANPR published todaY). The Agencyis still considering this approach and iscontinuing Its research; also theAgency is working closely with theAmerican Society for Testing and Ma-terials (ASTM) In its development ofextraction procedures for use ih thepermit process, as well as other partsof the testing protocols.

The EP that is included in' the pro-posed rulemaking has been designedto "model" improper management bysimulating the leaching action of rainand groundwater in the acidic environ-ment present in landfills or opendumps. It does not necessarily addressany one actual disposal method thatmay be used In a particular circumstance, but is based on a modificationof disposal conditions which resultedin documented damage cases.

The extract resulting from the EP Isavailable to undergo whatever toxicitytest is specified in the regulation. Thisprocedure Is designed to allow a morerealistic assessment of the hazar&from waste having toxic constituentsthan would direct testing of the waste,It is designed to encourage the chemi-cal or physical '.fixing" of waste sothat its constituents are no longeravailable to be leached out, and toinsure coverage'by the Subtitle Csystem of waste which might not testout as hazardous directly, but Whosehazardous constituents can be releasedunder poor management conditions,

Some commenters have suggestedthat'the EP approach is overly strin-gent in defining hazardous waste,since all Is required to be ;managedproperly at facilities In accordancewith the Section 4004 Land DisposalCriteria in Subtitle D of the Act. How-ever, the Agency believes the EP ap-proach is necessary, because onlywaste designated as hazardous is sub-ject to transport controls as well asdisposal controls. While non-hazard-ous waste may be managed properly atfacilities subject to Subtitle D con-trols, there is not guarantee that suchwaste will, in fact, be delivered to suchfacilities. Thus, waste which has thepotential to cause significant humanhealth and environmental damages ifnot managed properly, I.e., if not deliv-ered to a Subtitle C facility, is consid-ered to be hazardous waste.

To analyze a waste for chronic toxic-ity to humans, EPA relates levels ofcontaminants in the EP extract to po-tential environmental concentratidnsand to levels that are believed to behazardous to humans, For the pur-poses of'determining potential chronic




toxicity to humans, EPA assumes dis-posal of the waste in a nonsecure land-fill or dump (one in which there is nofunctional barrier which prevents sub-surface movement of leachate, e.g., asand or gravel pit) which is situated di-rectly over a usable aquifer that issource of a drinking water. Once heEP has been applied- to the waste, al-lowing the assessment of the availabil-ity of the contaminant to the environ-ment, a dilution factor is then appliedin an effort to roughly duplicateactual human exposure. Use of thisgroundwater model to assess contami-nation is not meant to imply thatother contamination routes are notalso -of concern. However it is consid-ered a. reasonable indicator of risk.Toxic waste whose hazard is throughanother route can and will be listedbased on Section 1004(5) of the Act.

In general, when contaminants leachinto groundwater, they form a plumeof contaminated water which extendsdown-gradient from the contaminatedsource. The shape and size of a plumedepends upon the local geology, thegroundwater flow, the type and con-centration of contaminants, and thecontinuity of waste disposal. Anymodifications of the groundwatersystem made by human activities, suchas well pumping from a point source,will cause the plume to become elon-gated Where the flow is low, contami-nation will tend to spread more later-ally to form a- somewhat wider plume.Irregular plumes can be created bylocal influence such as location ofpumping wells and variations in per-meability. An important aspect ofgroundwater contamination is that Itmay persist underground for years,decades, or even centuries; this is inmarked contrast to most surface waterpollution; The average residence timeof groundwater may be on the order of200 years; consequently, a contami-nant which is not readily degraded orsorbed underground can remain as adegrading influence on the resourcefor indefinite periods.

For the purposes of calculating thedilution that a leachate plume wouldundergo between the time it entersthe underground aquifer until itreaches a well, it was assumed thatwells will be situated no closer than500 feet from the disposal site. Exami-nation of the available data indicatedthat a 10-fold dilution factor, whileprobably conservative, would be rea-sonable. It should be emphasized thatthere are instances where dilution-hasbeen higher as well as cases where ithas been lower at A distance of 500feet.

Based on: this model, before humanexposure is expected. to, occur, the lea-chate from the waste would become di-luted by a factor of 10. Thus, in orderto protect; humanhealth, the maxi-

PROPOSED RULES

mum allowable contaminant concen-tration permissible in the EP extractwould be 10 times the level that wouldbe acceptable in drinking water. Con-sequently, waste whose EP extractshows more than 10 times the levels ofcertain contaminants allowed by theEPA National Interim Primary Drink-ing Water Standards (40 CFR Part141) will be considered to be hazard-ous.- The EPA National Interim Primary

Drinking Water Standards, promulgat-ed pursuant to the Safe Drinking,Water Act, are being revised. TheAgency intends to change the identityand/or levels of contaminants in theExtraction Procedure extract whichcause a waste to be considered hazard-ous to reflect these revisions, or anyfuture revisions. Further, the Agencyis considering using the Water QualityCriteria of the Clean Water Act, in ad-dition to the Primary Drinking WaterStandards, as a basis for setting levelsof contaminants in the EP extractleading to hazardous waste classifica-tion. Public comment on this conceptis solicited.

The Agency emphasizes that thetoxicity characteristic discussed above,based on the Extraction Procedure, as-sumptions of mismanagement, and alinkage to the drinking water stand-ards, is a screening mechanism: de-signed to sort out solid waste whichdeserves special management, includ-ing transportation controls, providedby Subtitle C. Many commenters ondrafts of these regulations havemissed the point of this screeningtechnique by saying, In effect, thattheir waste is managed in a muchbetter way than indicated in thescreening process, and therfore thattheir waste should not be consideredhazardous. If a waste identified as haz-ardous by this characteristic is proper-lymanaged now, there will be no prob-lem in obtaining a permit to continuepresent practice. Further, the Section3004 regulations have a great deal ofbuilt-in flexibility to allow variationsfrom the standards, so long as equiva-lent control can be demonstrated, forspecific waste in specific managementsituations.

HAZARDOUS WASTE LITINGS

A waste is identified as hazardouseither because it exhibits one of thecharacteristics or because It appearson the list of hazardous waste. Bothparticular wastes and sources orclasses of waste streams appear on thelist. EPA has chosen to emphasizewaste streams rather that sp6cific haz-ardous substances wherever possiblebecause industrial wastes tend to becomplex mixtures, containing manydifferent components, only some ofwhich may exhibit hazardous charac-teristics. This approach will relieve

58953

waste generators of much of the test-ing burden and uncertainties whichare involved in relating a waste con-taining many substances to a list ofspecific, substances.

A solid waste, or source or class ofsolid waste is listed if the waste:

(1) Possesses any of the characteris-tics Identified In proposed 40 CFR§ 250.13. and/or

(2) Meets the stalutory definition ofhazardous waste.

As noted earlier, one branch of thestatutory definition of hazardouswaste relies on judgements of' theoverall character and risk of the wastewhen improperly managed. Over thepast several years, EPA has document-ed several hundred cases of damage tohuman health or the environment re-sulting from improper management ofwaste. Damage cases such as these canbe, and In many cases have been, usedas the basis for listing of certain haz-ardous waste. In effect, these casesserve as alternates to the ExtractionProcedure-contamination analysis dis-cussed above, and are other facets ofthe hazardous waste definition proc-ess.

The list proposed today is only afirst step, and is subject to revisionthrough the rulemaking process. AsEPA determines waste which meetsthe criteria listed above, it will beadded to the lists. This process may beinitiated independently by EPA, byState Governors pursuant to Section3001(c), or by a citizen petition pursu-ant to Section 7004(a).

DEMONSTRATION OF NON-MCLUSION 3NSUBTTn C

The Agency recognizes that individ-ual waste streams may vary dependingon raw materials, industrial processesand other factors. Thus, while a wastegenerally described in these proposalsmay be hazardous, a specific wastefrom an individual facility may not be.For this reason, proposed 40 CFR§ 250.15 provides a mechinsm for per-sons to demonstrate that- a specificwaste should not be included in theSubtitle C regulatory control system.

The person seeking relief must per-form the test(s) described for thosecharacteristic or properties indicatedby the code(s) following the listing.The waste stream must be non-hazard-ous according to the results of eachcharacteristic or property tested, andthe test results must be certified tothe EPA Administrator.

COMON CODING

The Agency Is engaged in an exten-sive internal program to provide acommon coding system for all materi-als which It regulates under each of itsregulatory statutes. This program in-volves other Federal regulatory agen-cies as well. In cooperation with the

FEDERAL REGISTER, VOL 43, NO. 243-MONDAY, DECEMBER 18,-1978



PROPOSED RULES

Chemical Abstract Service, the Agencyintends to provide a code for eachlisted waste or waste stream to facili-tate data management both by thoseregulated and by the Agency. Al-though the codes arenot available atthis time, the Agency intends to in-,clude the codes in its final promulga-tion,'if they are available then.

ENFORCEMENT

In an enforcement action under Sec-tion 3008 of the Act, involving a wastespecifically -listed in §250.14 of theseregulations, thQ government n~ed onlyshow that the waste is on the list andthat it is being transported, disposedof,.treated, etc, in violation of the re-quirements of this Part. The govern-ment does not have a burden of dem-onstrating that the waste is hazard-ous, and the question whether thewaste is properly on the list is not anIssue relevant to an enforcement pro-ceeding. That issue may be resolvedonly by petition under Section 7004(a)of the Act, or under § 250.'15 of thisPart, and any subsequent .judicialreview of the Agency determinationunder these provisions.

The Agency believes that waste com-position may change over time becauseof changes in the' waste-producingprocess. Therefore, EPA'expects-per-sons who generate waste to' regularly.check the waste against the hazardouswaste characteristics and the list 'toconfirm that the waste is not haiard-OUS.

EPA intends to check those personswho have claimed that they do notgenerate a hazardous' waste to -deter-mine whether the claim is accurate. IfEPA discovers that such a person isgenerating a hazardous waste, andthere is not pending a request for a de-termination that the waste is improp-erly listed, pursuant to § 250.15, forwhich the Administrator has granted

•a stay under § 250.15(h), he will betreated as any other violator who hasfailed to manage his hazardous wastepursuant to the Subtitle C require-ments. The Agency also tends to act-on citizen complaints evidencing fail-ure to properly manage hazardouswaste.

BACKGROUND DOCUMENT

A background document is being de-veloped in support of these proposedrules. This document is in the draftstage, and is subject to change as newdata and information are" received.Copies of the draft will be availablefor review in theEPA Regional Officelibraries and in the EPA library read-ing room, Room 2404, Waterside Mall,401 M Street,-SW., Washington, D.C.

ECONOMIC, ENVIRONMENTAL, ANDREGULATORY IMPACTS

In accordance with Executive Orders11821, as amended by Executive Order11949, and OMB Circular A-107, EPApolicy as stipulated in 39 PR 37419,October 21, 1974, and Executive Order12044,' respectively, analyses of theeconomic, environmental, and regula-tory impacts are'being performed forthe entirety of Subtitle C, HazardousWaste' Management. Drafts of theseanalyses have been completed and willbe available for review by January. 8,1979, in the EPA Regional Office li-braries and the EPA library readingroom,.Room 2404, waterside Mall, 401M' Street, S.W., Washington, D.C.Final versions of these documents willbe issued at the time of promulgation.

Dated: December 11, 1978.

DOUGLAS COSTLE,Administrator.

It is proposed to amend Title 40,C R, Part 250 by adding a nqw Sub-part A consisting of Sections 250.10-250.15 as follows:

PART,250-HAZARDOUS WASTE GUIDELINESAND REGULATIONS

Subpart A-identification and Listing ofHazardous Waste

Sec.250.10 Purpose, scope, and applicability.250.11 Definitions.250.12' Criteria.250.13 Hazardous waste characteristics.250.14 Hazardous waste lists.250.15 Demonstration of non-inclusion in

the hazardous waste system.

FIGURES

Figure 1-Compaction Tester.Figure 2-Extractor.

AP PENDICE S

Appendix I-Sampling Methods.Appehdix II-Explosion Temperature Test.Appendix III-Selected Cancelled and

RPAR Pesticides.Appendix IV-Selected Department of

Transportation (DOT) ClassificationPoison A, Poison B, and ORM-A Sub-stances.

Appendix V-Selected Priority Pollutants.Appendix VI-Center for Disease Control

(CDC) Classification of Etiologic Agents.Appendix VII-Infectious Waste Treatment

Specifications.Appendix VIII-Radoactive Waste Mea-.

' , surements:Appendix IX-Controlled Substance List.Appendix X-Mutagenic Activity Detection.Appendix' XI-Bioaccumulatfon Potential

Test.

-AuTHo iTy: Sections 1006, 2002(a), and3001, Pub: L. 94-580, 90 Stat. 2802, 2804,2806, (42 USC 6905, 6912, 6921).

Subpart A-Identification and Listing ofHazardous Waste

§ 250.10 Purpose, scope, and applicability.(a) The purpose of these regulations

is to describe the characteristics andlists which shall be used when appro-priate by a waste generator, transport-er, or owner/operator of a waste treat,ment, storage, or 'disposal facility todetermine if the waste he handles s ahazardous waste subject to the regula-tions of this Part.

(b) Hazardous waste as defined in§ 250.11(b)(3) is a subset of solid wastewhich is defined in Section 1004(27) ofthe Act. The term "other discardedmaterial" in the solid waste definition(1004(27)) has been defined by EPA tomean any material which:

(1) Is not re-used (that is, is aban.doned or committed to final dispos-tion), or

(2) Is re-used (including materialstreated prior to re-use)

(i) If such re-use constitutes disposal(as defined In the Act), or

(ii) If the material is:(A) Used lubricating, hydraulic,

transformer, transmission, or cuttingoil which is Incinerated or burned as a'fuel.

(B) [Reserved]NoT.-Other materials and their uses will

be included by amendment to this list upona finding by the EPAthat it is necessary tocontrol such uses.

(c) In order to receive EPA approvalunder Subpart P (State Program Re-quirements) States must demonstratethat their programs contain standardsand procedures which identify as haz.ardous at least the same universe ofwastes defined as hazardous by thecharacteristics and lists in this Sub-part. In evaluating State applicationfor full authorization, the RegionalAdministrator will evaluate whetherthe State program will, cover thewastes covered by this Subpart, Afinding that any waste defined as haz-ardous by this Subpart is not so de-fined by a State program will consti-tute a de /acto finding of a less s trin-gent State program and may provide.the basis for rejection of a' State's au-thorization. Additionally, where Stateprograms are approved, EPA retainsindependent authority to enforce thestandards in this Subpart pursuant toSection 3008 of the Act,

(d) To the degree specified below,these regulations impose certainduties upon persons who generatesolid- waste which is ignitable, corro-siv&, reactive, or toxic (as defined in§ 250.13 of this subpart), or which islisted in § 250.14 of this subpart.

(1) Except as' provided herein, allgenerators of solid waste who know orhave reason to believe that their wasteis hazardous shall evaluate their wastein accordance with the characteristics

FEDERAL. REGISTER, VOL. 43, NO. 243--MONDAY, DECEMBER 18, 1978

58954



set forth in § 250.13. Generators ofsolid waste who find their waste to behazardous following such evaluation,and who meet the definition of haz-ardous waste generator in Subpart Bof this Part, shall comply with the re-quirements of Subparts B and G ofthis Part.

Nom-Retailers, farmei, and personswho generate and dispose of less than 100kilograms per month are only regulated asdefined in § 250.29(i) Generators of solid waste may

elect to declare their waste hazardousand subject to the regulations of thisPart. In these cases, generators neednot perform the specified evaluation.

(ii) Persons who generate wastelisted under § 250.14 are" deemed to begenerators "of hazardous waste andneed not perform the specified evalua-tion. However, they may demqnstratethat their waste is not hazardous and,therefore, not subjict to the regula-tions of this Part by meeting the re-quirements of § 250.15.(iii) Generators who determine that

their waste is not hazardous shallretain copies of the evaluation per-formed and shall repeat the necessaryevaluation or testing when there is asignificant change in their feed mate-rials or operations whichmay alterthe test results.

(iv) A generator of solid waste whichis listed under- § 250.14 who has dem-onstrated that his waste is not hazard-ous. under § 250.15 shall repeat thenecessary testing annually in- additionto repeating it under the circum-stances 'described in. paragraph (ill)above.(v) If a waste is found or declared to

be hazardous, all applicable data (in-cluding test results, if available) shallbe reported to the EPA Regional Ad-ministrator, and the generator shallcomply with the requirements of Sub-parts B and G of this Part.

(vi) A determination that a waste isnot hazardous under paragraphs (i)-through (iv) above does not preclude alater determination by EPA, using thecharacteristics and testing methods setforth in § 250.13, that the waste is haz-ardous. In these cases, EPA will notifythe generator of its determination andassign the generator ad identificationnumber if he does not already haveone.

(2) Notwithstanding any of theabove:(i) Agricultural wastes, including ma-

nures and crop residues, Which are re-turned to the soil as fertilizers or soitconditioners are not subject to the reg-ulations of this Part.

(ii) Overburden resulting frommining operations and intended forreturn to the mine site is not subjectto the regulations of this Part unlessspecifically listed in §-250.14.

PROPOSED RULES

(iii) Pursuant to Section 1006 of theAct (42,USC 6905), sewage sludge frompublicly owned treatment works Is notsubject to these regulations and willbe regulated pursuant to the guide-lines promulgated under Section405(b) and (d) of the Clean Water Act.

§ 250.11 Definitions.(a) When used in this Subpart, the

following terms have the meaningsgiven in the Act:(1) "Administrator"--Sec. 1004(1)(2) 'Disposal"-Sec. 1004(3)(3) "Fedekral Agency"-Sec. 1004(4)(4) "Hazardous waste manage-

ment"-Sec. 1004(7)(5) "Person"--Sec. 1004(15)(6) "Sludge"-Sec. 1004(26A)(7) "Solid waste"-Sec. 1004(27)(8) "Solid waste mangement'--Sec.

1004(28)(9) "State"-Sec. 1004(31)(10) "Storage"-Sec. 1004(33)(11) "Treatment" Sec. 1004(34)(b) Other terms used in this Subpart

have the following meanings.(1) "Act" means the Solid Waste Dis-

posal Act as amended by the 'Re-sources Conservation and RecoveryAct of 1976, Public Law 94-580.

(2) "Equivalent method" means anytesting method which the Administra-tor determines to be functionallyequivalent or superior to the methodspecified.

(3) "Hazardous waste" has themeaning given In Section 1004(5) ofthe Act as further defined and Identi-fied in this Subpart.

(4) "Publicly owned treatmentworks" or "POTW" means a treatmentworks as defined by Section 2f2 of theClean Water Act (CWA), which isowned by a State or municipality (asdefined by Section 502(4) of theCWA). This definition Includes anysewers that convey wastewater to sucha. treatment works, but does not In-clude pipes, sewers or other convey-ances not connected to a facility pro-viding treatment. This term alsomeans the municipality as defined inSection 502(4) of the CWA, which hasjurisdiction over the indirect dis-charges to and the discharges fromsuch a treatment works.

(5) "Representative sample" meansany sample of the waste which is sta-tistically equivalent to the total wastein. composition, and in physical andchemical properties. Representativesamples may be generated using themethods set out In, Appendix I of thisSubpart.

(6) "Triple rinsed" refers to contain-ers which have been flushed threetimes, each time using a. volume of dl-luent at least equal to ten percent ofthe container's capacity.

58955

§ 250.12 Criteria.(a) Criteria for identifying, the char-

acteristics of hazardous waste. A char-acteristic of hazardous waste will beestablished under §250.13 where,based on information from damage in-cidents or scientific and technical in-formation. the Administrator deter-mines that:(1) The characteristic can be defined

in terms of specific physical, chemical,toxic, infectious, or other properties ofa solid waste that will cause the wasteto be a hazardous waste pursuant tothe definition in Section 1004(5) of theAct, and

(2) The properties defining the char-acteristic are measurable by standard-Ized and available testing protocols ap-plicable to waste.

(b) Criteria for listing hazardouswaste. A solid waste, or source or classof solid waste,-will be listed as a haz-ardous waste In § 250.14 if the Admin-istrator determines that the solidwaste:(1) Possesses any of the characteris-

tics defined In §250J13, and/or(2) Meets the definition of hazard-

ous waste found In Section 1004(5) ofthe Act.(c) Petitions. The petition by a State

Governor (under Section 3001(c) ofthe Act) or by a person (under Section7004(a) of the Act) to identify a char-acteristic or list a solid waste as a haz-ardous waste will be granted if the Ad-ministrator determines that the wastewhich is the subject; of the Petitionmeets the criteria of paragraphs (a) or(b) above.

§ 250.13 Hazardous waste characteristics.(a) Ignitable waste. (1) Definition-A

solid waste is a hazardous waste if arepresentative sample of the waste:(1) Is a liquid and has a flash point

less than 60'C (140') determined bythe method cited below or an equiva-lent method, or

(11) Is not a liquid and is liable tocause fires through friction, absorp-tion of moisture, spontaneous chemi-cal changes, or retained heat frommanufacturing or processing, or whenIgnited burns so vigorously and persis-tently as to create a hazard during itsmanagement, or

(i) Is an ignitable compressed gas asdefined in 49 CFR 173.300(b). or

(iv) Is an oxidizer as defined in 49CFR 173.151.

(2) Identification method. (i) Flashpoint of liquids shall be determined bya Pensky-Martens Closed Cup Tester,using the protocol specified in ASTIStandard D-93-72, or the SetaflashClosed Tester using the protocol speci-fied In ASTif standard D-3278-73 orany other equivalent method as de-fined in this Subpart.

FEDERAL REGISTER, VOL,43, NO. 243-MONDAY, DECEMBER 18, 1978



58956

(ii) Ignitable gases shall be deter-mined by the methods described in 49CFR 173.300.

(b) Corrosive waste. -(1) Definition-A solid waste is a hazardous, waste if arepresentative sample of the waste:-

(1) Is aqueous and has a pH less thanor equal to 3 or greater than or equalto 12, as determined by the methodcited below or an equivalent method,or

(ii) Corrodes stell (SAE 1020) -at arate greater than 0.250 inch per yearat a test temperature of 130°F as 'de-.termined by the method cited below oran equivalentmethod. -' (2)Identification method. -(1' pHshall be determined using a pH meter,following the protocol specified in the"Manual of Methods for , ChemicalAnalysis of Water and' Wastes" (EPA-625-16-74 003). , -

(ii) Rate of -metal corrosion shall. bedetermined using- the prbtocol speci-fied in NACE (National Association ofCorrosion Engineers) Standard TM-01-69.

(c) Reactive waste. (1) Definition-Asolid waste is a hazardous -waste-if arepresentative sample of the waste: -

(I) Is normally unstable and readily,undergoes violent, chemical -,changewithout detonating; reacts violentlywith water, -forms. potentially explo--sive mixtures with water; or- generates,toxic gases, Vapors;* or fumes when

I mixedwith water; or, is a cyanide! oi- sulfide bearng waste which can gener:

ate toxic gases, vapors, or fumes whenexposed tolmild acidic or basie coidi-tions. . . .

(ii) Is capable of'detonation or explo-sive reaction but requires a strong ini-tiating source --or which 'must beheated under confinement before initi-ation can take place, or which xeactsexplosively with water.

(lii) Is readily capable of detonationor of explosive decomposition or reac-tion at normal temperatures and pres-sures.

(iv) Is 'a forbidden explosive as de-fined in 49 CFR 173.51, a Class A: ex-plosive as defined in 49 CFR 173.53, ora Class B explosive as defined , in 49CFR 173.58. .. -

NorE:-Such wastb includes pyrophorlesubstances, explosives, autopolymerizablematerial and oxidizing agents. If-It is not ap-parent whether a waste is a hazardous wasteusing this description, then thie methodscited below or equivalent methods can beused to determine if the waste is hazardouswaste. '

(2) Identification method. (1)- Ther-mally unstable waste can be identifiedusing the Explosion Temperature Testcited in Appendix II'of this Subpart(waste for which explosion, ignition,or decomposition occurs at 125'C after5 minutes is classed *as hazardouswaste).

PROPOSED RULES

(ii) Waste unstable to mechanicalshock can be identified using- theBureau of Explosives impact appara-tus and the tests -cited in 49 CFR173.53(b), (c), (d), or (f), as appropri-ate. .

(d)- Toxic Waste. (1) Definition-Asolid waste is a-hazardous waste if, ac-cording to the methods specified inparagraph (2), the extract obtainedfrom applying the Extraction Proce-dure (EP) cited below to a iepresenta-tive sample of the waste has concei-trations of a contaminant that exceedsany of the fbllgowiiig Values: leve:

Et n levera

Contaminant: milligrams per liter

Arsenc ............................................. 0.50Barium ......................... 10.0Cadmium ......................................... 0.10Chromium ............................................... 0.50Lead....:..... ............................................. 0.50M ercury ................................. ........... . 0.02Selenium .................................................... 0.10Silver .......................... 0.50Enairin (62.3.4,10,10-hexacloro-6. 7.

epoxy-l.4.4a.56.7.8.8a.octahydro-1.4-endo, endo-5. -di methano naph.thalene) ............................... ................ 0.002

Lindane (1.2.3.4,5.6-hexachlorocyclo hexane _ gammaisom er) ................................................. 0.040

Methoxychlor (1.1.-Trichloroethane)2.2-bis (p-inethoxyphei.yl) .................. f.0

Toxaphene (C,.H,.CI..technlcal chlor-inated camphene. 67-69 percent chio.rine) .......... ...... . 0.050-

2.4-D., (2.4Dchlorophenoxydcetecacid) ...... ................... ' 10 -

2.4.5-TP. Slvex , (2.4,5-Trichlorophenokypropione Acid) ... 0.10

Noi=-Extract levels specified for theabove substances equal, ten times the EPANational Interim Primary Drinking WaterStandards' for "these substances. These,standards are being revised. Extract levelsspecified above will be changed to reflect re-visions to these standards. Also, EPA is con-sidering use of the Water Quality Criteriaunder the Clean Water Act as a basis forsetting extract levels, in .addition to theEPA National Interim Primary DrinkingWater Standards.

(2) Identification method. (i) Extrac-tion procedure. (A) Take a, representa-tive sample (minimum size 100 gins) ofthe waste to be tested and- separate itinto its component phases using eitherthe filtration method or the centrfu-gation method described i this sec-

- tion. Reserve the liquid fraction underrefrigeratibn at 1-5°C (34-41°F) for useas described. in paragraph (F) of thissection.-

(1) FiltrationMethod.-EquipmentMillipore-YY22 142 30 filter

holder (Millipore Corp., Beford, MA 01730)equipped with an XX42 142 08 accessory 1.5liter reservoir, or Nuclepore Corp., Pleasan-ton, CA 94566) equipped with a 1.5 liter res-ervoir, or equivalent filter holder.-Procedure: 1. Using the filter-holder place

a 0.45 micron filter membrane (Milliporetype HAWP142, Nuclepore type 112007. orequivalent) on the support screen. On top ofthe membrane tupstream) place a prefilter(Millipore AP25124, Nuclepore P040, orequivalent). Secure filter holder as directed,in manufacturer's instructions.

2. Fill the reservoir with the sample to beseparated, pressurize to no more than 75 psi(7 kg/cm 2 ), and filter until no significantamount of fluid (@5 ml) Is released during a30 minute period.

3. After liquid flow stops, depressurlze andopen the top of the reservoir, Invert thefilter unit, replace filte pads as in step 1,above, and resume filtering. Save pads forlater use. Repeat this step until no morefluid can be removed from the waste at apressure of 75 psi (7 kg/cm2).

4. Take the solid material, and any padsused in filtration, and extract as describedIn paragraph (B). Subtract tare weights offilter pads In, calculating the amount ofsolid material.

(2) Centrifugation Method

;Equipment Centrifuge (e.g. Damon.IEOcatalog no. 7165, Damon.IEC Corp., Need-ham Heights, MA, or equivalent) equippedwith a rotor for 600 ml to 1 liter contaidlers(Damon-IEC catalog no. 076. or equivalent),For flammable material containing wastes.explosion proof equipment Is recommended,

GLASS CENTRIFUGE BOTTLES I

Procedure: 1. Centrifuge sample for 30minutes at 2300 rpm. Hold temperature at20-40"C (68-104-F).

2. Using a ruler, measure the size of theliquid and solid layersi to the nearest mm(0.401 inch). Calculate the liquid to solidratio. " "

3. Repeat 1 and 2 above until the lijuld,solid ratio calculated after two consecutive30"minute centrifugations Is within 3%.

4. Decant or siphon off the layers and ex-tract the solid as described in paragaph 13.

(B) Take the solid portion obtainedin paragraph (i), and prepare it for ex-traction by either grinding it to passthrbugha 9.5 mm (%") standard sievedr' y'subjecting It to the followingstructural integrity procedure.

STRUCTURAL INTEGRITY PRocEDURE

Equipment, Compaction tester having a1.25 inch diameter hammer weighing 0.73lbs. and having a free fail of 6 inches(Figure 1) (one suitable device Is the Associ-ated Design and Manufacturing Company.Alexandria, Va. 22314. catalog no. 125).

Procedure. 1. Fill the sample holder withthe material to be tested. If the wastesample is a monolithic block, then cut out arepresentive sample from ,the block havingthe dimensions of a 1.3" dia. x 2,8" cylinder,

2. Place the sample holder into the Com-paction Tester and apply i5 hammer blowsto the sample,

3. Remove -the now compacted samplefrom the sample holder and transfer it tothe extraction apparatus for extraction,

(C) Take the solid material fromparagraph (B), weigh It and place It inan extractor. A suitable extractor willnot only prevent stratification ofsample and extraction fluid but alsoinsure that all sample surfaces arecontinuously brought Into contactwith well mixed extraction fluid.(When operated at greater than orequal- to-40 rpm, one suitable devico Isshown in figure 2 and available as PartNo.; 3736 produced by the Associated




Design and Mfg. Co., Alexandria, Va.22314.) -(D) Add to the extractor a weight of

deionized water equal to 16 times theweight of solid &aterial added to theextractor. This includes any waterused in transferring the solid materialto the extractor.

(E) Begin agitation and adjust thepH of the solution to 5.0±__0.2 using0.5N acetic acid. Hold the pH at5.0±0.2 and continue agitation for24±0.5 hours. If more than 4 ml ofacid for each gm of solid is required tohold the pH at 5, then once 4 ml of-acid per gm has been added, completethe 24 hour extraction without addingany additional acid. Maintain, the ex-tractant at 2040* C (68-104' F) duringextraction. It is recommended that adevice such as the Type 45-A pH Con-troller manufactured by Chemtrix,Inc., RHilsboro, OR 97123, or equiva-lent, be used for controlling pH. Ifsuch a device is not available then thefollowing manual procedure can beemployed.

MANUAL pH AnjuSTaENT

1. Calibrate pH meter in accordance withmanufacturer's specifications.

2. Add 0.5N acetic acid and adjust pH ofsolution to 5.0±0.2. If more than 4 ml ofacid for each gmn of solid is required to holdthe pH at 5. then once 4 ml of acid per gmhas been added, complete the 24 hour ex--traction without adding' any additional acid.Maintain the extractant at 20-40" C (68-104"F) during extraction.1 3. Manually adjust pH of solution at 15,30, and 60 minute intervals moving to thenext longer interval if the pH did not haveto be adjusted more than 0.5 pH units sincethe previous adjustment.

4. Continue adjustment procedure for aperiod of not less than 6 hours.

5. Final pH after a 24 hour period must bewithin the range 4.9-5.2; unless 4 ml of acidper gram of solid has already been added.

6. If the conditions of 5 're not met, con-tinue pH adjustment at approximately onehour intervals fora period of not less than 4hours.

(F) At the end of the 24 hour extrac-tion period, separate the material inthe extractor into solid and liquidphases as in paragraph (A). Adjust thevolume of the resulting liquid phasewith deionized water so that itsvolume is 20 times that occupied by aquantity of water at 4 C equal inweight to the initial quantity of solidmaterial charged to the extractor (e.g.,for an initial weight of 1 gin, dilute to20 ml). Combine this solution with theoriginal liquid phase from paragraph(A). This combined liquid, and anyprecipitate which may later form, isthe Extraction Procedure Extract.

(If) Analysis-Analyses conducted todetermine conformance with Section250.13(b)(1) shall be made in accord-ance with the following or equivalentmethods:(Al .Arsenic-Atomic Absorption

Method, "Methods for Chemical Anal-

PROPOSED RULES

ysis of Water and Wastes," pp. 95-96.Environmental Protection Agency,Office of Technology Transfer, Wash-ington, D.C. 20460, 1974.

(B) Barium-Atomlc AbsorptionMethod, "Standard Methods for theExamination of Water andWastewater," latest edition, or "Meth-ods for Chemical Analysis of Waterand Wastes," pp 97-98. EnvironmentalProtection Agency, Office or Technol-ogy Transfer, Washington, D.C. 20460,1974.

(C) Cadmium-Atomic AbsorptionMethod, "Standard Methods for theExamination of Water andWastewater," latest edition, or "Meth-ods for Chemical Analysis of Waterand Wastes," pp. 101-103, Environ-mental Protection Agency, Office ofTechnology Transfer, Washington.D.C. 20460, 1974.

(D) Chromium-Atomic AbsorptionMethod, "Standard Methods for theExamination of Water andWastewater," latest edition, or "Meth-ods for Chemical Analysis of Waterand Wastes," pp. 112-113, Environ-mental Protection Agency, Office ofTechnology Transfer, Washington.D.C. 20460, 1974.

(E) Lead-Atomic Absorption'Method, "Standard Methods for theExamination of Water andWastewater," latest edition, or "Meth-ods for Chemical Analysis of Waterand Wastes." pp. 112-113, Environ-mental Protection Agency, Office ofTechnology Transfer, Washington,D.C. 20460, 1974.I (F) Mercury-Flameless Atomic Ab-

sorption Method, "Methods forChemical Analysis of Water andWastes," pp. 118-126, EnvironmentalProtection Agency, Office of Technol-ogy Transfer, Washington, D.C. 20460.

(G) Selenium-Atomic AbsorptionMethod, "Methods for Chemical anal-ysis of Water and Wastes," p. 145, En-vironmental Protection Agency, Officeof Technology Transfer, Washington,D.C. 20460, 1974.

(H) Silver-Atomic AbsorptionMethod, "Standard Method for theExamination of Water andWastewater," latest edition, or "Meth-ods for Chemical Analysis of Waterand Wastes," p. 146, EnvironmentalProtection Agency, Office of Technol-ogy Transfer, Washington, D.C. 20460,1974.

(I) Endrin, Ltndanc, fethoxychloror Toxaphene-as described in"Method for Organochlorine Pesti-cides in Industrial Effluents,"*MDQARL, Environmental ProtectionAgency, Cincinnati, Ohio, November28, 1973.

(J) 2, 4-d and 2, 4,5-TP Silvex-as de-scribed in "Methods for ChlorinatedPhenoxy Acid Herbicides in IndustrialEffluents," MDQARL, Environmental

58957

Protection Agency, Cincinnati, Ohio,November 28, 1973.

§ 250.14 Ilazardous waste lists.A solid waste Is a hazardous waste if

It Is listed in paragraphs (a) or (b)below unless it can be demonstrated,pursuant to the procedures under§ 250.15, that the Administrator's basisfor listing the waste does not meet thecriteria for listing under § 250.12(h)The Administrator's basis for listing awaste in paragraphs (a) and (b) isIdentified by parenthetical codes thatfollow each listed waste. These codesreference the following bases for list-ing:I-Meets the criterion of § 250.12(b)I) be-

cause the waste meets the Ignitable char-acteristic of § 250.13(a)

C-Meets the criterion of §250.12(bXl) be-cause the waste meets the corrosive char-acteristic of§ 250.13(b).

R-Meets the criterion of §250.12(bXl) be-cause the waste meets the reactive charac-teristic of § 250.13(c).

T-Meets the criterion of § 250.12(b)(1) be-cause the waste meets the toxic character-Istlc § 250.13(d).

N-Meets the criterion of §25012(bX2) be-cause the waste contains Infectious agents.

A-Meets the criterion of § 250.12(bX2) be-cause the waste contains redloactive sub-stances.

M-Meets the criterion of §250.12(b)(2) be-cause the waste contains mutagenic, car-cinogenlc, or teratogenic substances.

B-Meets the criterion of §250.12(bX2) be-cause the waste contains substances thatbloaccumulate.

0-Meets the criterion of §250.12(b)2) be-cause the waste contains toxic organicsubstances.NoT.-The process waste streams are

listed by Standard Industrial Classification(SIC) codes for ease of reference only. TheSIC classification of the Industry generatingthe waste has no effect on the listing ofthat process waste as haaardous.

(a) Hazardous waste.

Waste chlorinated hydrocarbons from de-greasing operations (I.T,O)

Waste non-halogenated solvent (such asmethanol. acetone, fsopropyl alcohol. Po-lyvinyl alcohol. stoddard solvent andmethyl ethyl ketone) and solvent sludgesfrom cleaning, compounding milling andother processes (1.0)

Waste lubricating oil (T.O)Waste Hydraulic or cutting oil (TO)Paint wastes (such as used rags, slops, latex

sludge, spent solvent) (TJ.O)Water-based paint wastes (T)Tank bottoms, leaded (T)Spent or waste cyanide solutions or sludges

(R.T)Etching acid solution or-sludges (T,C)Waste paint and varnish remover or stripf3er

(1,0)Solvents and solvent recovery stil bottoms

(non.halogenated (LO)Solvents and solvent recovery still bottoms

(halogenated) (0)Waste or waste off-spec toluene dilsocyan-

ate (I.P.O)Lcachate from hazardous waste landfills

IFEDERAL REGISTER, VOL 43, NO. 243-MONDAY, DECEMBER 18, 1978



58958

Electroplating wastewater treatment sludge(T)

Material which is within the scope of Sec-tion 250.10(b) and is normally "shippedusing a name listed in Appendix III (Pesti-cides), Appendix IV (DOT Poison A,Poison B, ORM-A Materials), or AppendixV (Priority Pollutants) (T,O.M ,

Spill clean-up residues and debris fromspills of materials which appear in Appen-dix III, IV, or V (TO,M)

Off-specification material which is withinthe scope of Section 250.10(b) afid, if metspecification would be shipped using aname listed in Appendix III, IV, or V(TO,M)

Containers, unless triple rinsed, which havecontained material% normally shippedusing a name-listed in Appendix III, IV, orV (T.O,M)

(b) Hazardous waste sources andprocesses., (1) Sources generating haz-ardous waste. The following sourcesgenerate hazardous waste unless thewaste from these sources does not con-tain microorganisms or helminths ofCDC Classes 2 through 5 of the Etiolo-gic Agents listed in Appendix VI ofthis Subpart,

(i) Health care facilitie-. (A) The fol-lowing departments of hospitals as de-fined by SIC Codes 8062 and" 8069,unless the waste has been treated asspecified in Appendix VII of this Sub-part. (N)Obstetrics department including patients'

roomsEmergency departmentsSurgery department including patients'

roomsMorguePathology departmentAutopsy departmentIsolation roomsLaboratoriesIntensive care unitPediatrics department

(B) The following departments ofveterinary hospitals as defined by SICCodes 0741 and 0742, unless the wastehas been treated as specified in Appen-dix VII. (N)Emergency departmentSurgery department including patients'

roomsMorguePathology departmentAutopsy departmentIsolation roomsLaboratoriesIntensive care unit

(if) Laboratories, as defined by SICCodes 739i, 8071 and 8922, unless, thelaboratories do not work with CDCClasses 2 through .5 of EtiologicAgents as listed in Appendix VL (N)

(Iii) Sewage Treatment Plants, withthe exception of publicly owned treat-ment works, unless. sludge generatedby such a plant has been stabilized bymeans of chemical, physical thermal,or biological treatment processes thatresult in the significant, reduction ofodors, volatile organics and pathogenicmicrooganisms. These processes are

PROPOSED RULESI

discussed in "Municipal Sludge lMKan-agement: Environmental Factors;Tchnical Bulletin" (42 FR 57420).Specifications for the 'stabilizationprocesses, discussed in this publicationare given in'Process Design Manual forSludge Treatment' andDisposal, (EPA625/1-1-74/006, October.1974). (N)

(2) Processes, generating, hazardouswaste:,

SIC ProcessDescription1094 Waste rock and overburden from ura-

nium mining (A)1099 Chlorinator residues and clarifier

sludge from zirconium extraction (A).1475 Overburden and slines from phos-

phate surface mining (A)2874 Waste gypsum from. phosphoric acid

production (A)2819-2874, Slag and fluid-bed prills from ele-

mental phosphorus production (A)2231 Wool fabric dying and finishing

-'astewater treatment sludges (T,O)2261-2 -Woven fabric dying and finishing

wastewater treatment sludges (YO)2250 Knit fabric dying and - finishing

wastewater treatment sludges (O.T)2269 -Yarn and stock dying and finishing

wastewater treatment sludges (O.T)2279 Carpet dying- - and finishing

wastewater treatment sludges (0,T)2299 Wool scouring wastewater treatment

sludges (T)2812 Mercury bearing sludges from brine

treatment from mercury cell process inchlorine production (T)

2812 Sodium calcium sludge from produc-tion of chlorine by Down Cell process(R)

2812 Mercury 'bearing- brine purificationmuds from mercury cell process in chlo-rine-production (T)

2812 Waste water treatment sludge fromdiaphragm cell process in production ofchlorine (TY

2812 "Chlorinated hydrocarbon bearingwastes' from diaphragm cell process Inchlorine produdtion (OM)

2816 Chromium bearing wastewater treat-: ment sludge from production of chrome. green pigment (T)

2816' Chromium bearing wastewater treat-ment sludge and other chromium bear-ing 'wastes from production of chromeoxide green pigment (anhydrous & hy-drated)

2816 Ferric ferrocyanide bearing-wastewater treatment sludges from-the

prbduction of iron blue pigments (T)2816 Mercury bearing wastewater treat-

ment sludges from the production ofmercuric sulfide pigment (T)

2816 Chromium bearing wastewater treat-ment sludges from the production ofTiO, pigment by the chloride process'(T)

2816 Chromium bearing wastewater treat-ment sludges from the production ofTiO. pigment by the sulfate process (T)

2816 Arsenic bearing sludges from purifica-tion process in the production of anti-mony oxide (T)

2816 Antimony bearing wastewater treat-ment sludge from-production of antimo-ny oxide CT)

2816 'Chromium or lead bearing wastewatertreatment sludge from -production of.chrome yellows and oranges (ead'chro-mate) (T)

2816, Chromium or lead bearing wastewatertreatment sludge from production ofmolybdate orange (lead molybdate leadchromate) (T)

2816 Zinc and chromium bearingwastewater treatment sludge from p'-duction of zinc yellow pigment '(hydrat-ed zinc potassium chromate) (T)

2816 Ash from incinerated still bottoms(paint and pigment production) (T)

2819 Arsenic bearing wastewater treatmentsludges from production of boric acid.(T)

2834 Arsenic or organo-arsenlc containingwastewater treatment sludges from pro.duction or veterinary pharmaceuticals(T.M.O)

2851 Wastewater treatment sludges frompaint production (C,T)

2851 Air pollution control sludges fromp~aint production (T)

2865 Vacuum still bottoms from the pro.duction of malelc anhydride (0)

2865 Still bottoms from distillation ofbenzyl chloride (0)

2865 Distillation residues'from fractionat.tg tower for recovery of benzene andchlorobenzenes (OB) '

2865 Vacuum distillation residuceg front pIU-rification of 1-chloro-4-ntrobenzene(O,M)

2865 Still bottoms or heavy ends frommethanol recovery in methyl mcthacry-late production (0)

2869 Heavy ends (still bottoms) from free.tionator in production of eplehlorohy., drin (M.O)

2869 Heavy ends from fractionation in" ethyl chloride production (M.0)2869 Column bottoms or heavy ends' from

production of trichloroethylene (0,13)2869 Residues from the production of hex-

achorophenol, trichlorophenol and2.4.5-T (0)

2869 Heavy ends from distillation of vinylchloride In production of vinyl chloridefrom ethylene dichloride (0)

2869 Heavy ends from dittillation of'ethyl.ene dichloride'in vinyl chloride produc-tion (0) "

2869 Heavy ends Or distillation residuesfrom carbon tetrachloride fractionationtower (B,O)

2869 Heavy ends from distillation of ethyl-ene dichloride In ethylene dichlorideproduction (0)

2869 Purification column wastes from pro.duction of nitrobenzene (0)

2869 Still bottoms from production of fur-, fural (0)

2869 Spent catalyst from fluorocarbon pro-duction (TO)

2869 Centrifuge residue from toluene dliso.cyanate production (0)

2869 Lead slag from lead alkyl production(T)

2869 Stripping still tails from productionofmethyl ethyl pyridlnes (LO)

2869 Still bottoms from aniline production(0)

2869 Aqueous effluent from scrubbing ofspent acid In nitrobenzene production(0)

2869 Bottom stream from quench colunuin acrylonitrile production (0)

2869 Bottom stream from wastewater strp-per in production of acrylonitrUe (0)

2869 Still bottoms from final purificationof acrylonitrile (0,M)

2869 Solid 'waste discharge from Ion ex-change column in production of acrylon-Itrile (OM)

FEDERAL REGISTER, VOL 43, NO, 243-MONDAY, DECEMBER 18, 1978



PROPOSED RULES

2869 Waste stream from purficatlon ofHCN in production of acrylonitrile(OM)

2869 Waste stream (column bottoms) fromacetonitrile purification in production ofacrylonitrile (0)

2890 Sludges, wastes from tub washer (InkFormulation) (T.C.0)

2869 Wastewater treatment; sludges fromthe production of dieldrin, chlordane,toxaphene, disulfoton. nialathion, phor-ate, carbaryl, pentadiene, trifluralin,alachlor, methyl parathion, vernoloate.methomyl, carbofuran. captan. creosote,dithacarbamates. pentachlorophenol,bromacil, diuron, p-chlorobenzene andcloroxuron. (OM,B)

2869 Wastewater from oxidation of aldrinsolution in production of dieldrin.(O,MB.)

2869 Wastewater from extraction of diel-drin solution in production of dleldrin.(O,MB)

2869 Wastewater and scrub water fromchlorination of cyclopentadiene in pro-duction of chlordane. (O.,MB)

2869 Filter solids from filtration ofhexachlorocyclopentadiene in produc-tion of chlordane. (OMB)

2869 Filter cake from filtration of toxa-phene solution in production of toxa-phene. (O.,MB)

'2869 Unrecovered triester from productionof disulfoton. (O,M)

2869 Still bottoms from toluene reclama-tion distillation in production of disulfo-ton. (OM)

2869- Filter cakes from filtration ofdimethylphosphorothon and DMTA inproduction of malathion. (OM)

2869 Liquid wastes from washing and strip-ping in production of malathion. (OM)

2869 Liquid and solid wastes from thewashing, stripping and filtering of phor-ate in phorate production. (O.M)

2869 Filter cake from the filtration ofdiethylphosphorodithoric acid in theproduction of phorate. (O,M)

2869 Heavy ends. and distillation residuesfrom production of carbaryL (OM)

2869 2,6-D waste by-product from produc-tion of 2;4-D. (O.MB)

2869 Heavy ends or distillation residuesfrom distillation of tetrachlorobenzenein production of 2,4,5-T. (OMB)

2869 Scrubber and filter wastes from pro-duction of atrazine. (O,M)

2869 Filter cake from production of pyr-ethrins. (0)

2869 Filter cake from production of dia--zinon. (OM)

2869 By-product. salts in production ofMSMA. (0)

2869 By-product salts in production of ca-codylic acid. (T)

2869 Tars from manufacture of bicyclohep-tadi(ne and cyclopentadiene. (O,MKB)

2892 Wastewater treatment sludges fromexplosives, propellants and initiatingdompounds manufacture (C,T.R,I)

2892 Wastes recovered from acid vaporscrubber stream in the production ofRDX/HMX (O,R,I)

2892 Catchi basin materials in RDX/HMXproduction (C)

2892 Spent carbon columns used in treat-ment of wastewater-LAP operations (R)

2892 Wastewater treatment "sludges fromproduction of initiating compounds (T)

2892 Red water and pink water from TNTproduction (0)

2911 Petroleum refining, high octane pro-duction neutralization HF alkylationsludge (TO.M)

2911 Petroleum refining DAP sludge (T, I,0)

2911 Petroleum refining kerosene filtercakes (T.O,M)

2911 Petroleum refining lube oil filtrationclays (T.OM)

2911 Petroleudi refining-slop oil emulsionsolids'(T,IO)

2911 Petroleum refining exchange bundlecleaning solvent (T.O)

2911 API separator sludge (T.O)3111 Leather tanning and finishing:.

Wastewater treatment sludge fromchrome tannery, beamhouse/tanhouse(T)

3111 Leather tanning and finishing:Wastewater treatment screenings fromsheepskin tannery, spilt tannery andretan/finishers (T)

3111 Trimmings and shavings from leathertanning and finishing chrome, split.beaxn/tanhouse and retan/finishers (T)

3111 Wastewater treatment sludge fromdehairing (R,T)

3312 Coking: Decanter tank tar (T.O): Decanter tank pitch sludge (T.O): Oleum wash waste (C): Caustic neutralization waste (C): Ammonia still lime sludge (T)

3312 Iron Making: Ferromaganese blastfurnace dust (TR)

: Ferromanganese blast furnacesludge (T)

: Electric furance dust and sludge(T)

3312 Steel Finishing Alkaline cleaningwaste (C)

: Waste pickle liquor (C): Cyanide-bearing wastes from elec-

trolytic coating (T): Chromate and dichromate wastes

from chemical trearnent (T): Descaling acid (T.C)

3331 Primary copper smlting and refiningelectric furnace slag, converter dust,acid plant sludge, and reverberatorydust (T)

3332 Primary lead blast furnace dust (T)3332 Primary lead lagoon dredging from

smelter (T)3333 Zinc acid plant blowdovm lime treat-

ment: gypsum cake (adid cooling towerand neutral cooling tower) (T)

3333 Zinc production: oxide furnace resi-due and acid plant sludge (T)

3333 Zinc anode sludge (T)3339 Primary antimony-electrolytic

sludge (T)3339 Primary tungsten--digestlon residues

(T)3339 Primary lead sinter dust scrubbing

sludge (T)3339 Ferromanganese emissions controlh

baghouse dusts and scrubmater solids- CT)

3339 Ferrochrome silicon furnace emissioncontrol dust or sludge (T)

3339 Ferrochrome emissions control: fur-nase baghouse dust. and ESP dust (T)

3339 Primary antimony-pyrometallurgicalblast furnace slag (T)

3341 Secondary lead, scrubber sludge fromSO, emission control, soft lead produc-tion (T)

3341 Secondary lead-white metal produc-tion furnace dust (T)

3341 Secondary copper-pyrometallurgcal.blast furnace slag. (T)

3341 Secondary copper--electrolytic rerm-Ing wastewater treatment sludge CT)

3341 Secondary aluminum dross smelting-high salt, slag plant residue (T)

3341 Zinc--cadmium metal reclamation,cadmium plant residue. (T)

3691 Lead acd storage battery productionwastewater treatment sludges (T)

3691 Lead acid storage battery productionclean-up wastes from cathode and anodepaste production (T)

3691 Nickel cadmium battery productionwastewater treatment sludges CT)

3691 Cadmium silver oxide battery produc-tion wastewater treatment sludge (T)

3691 Mercury cadmium battery productionwastewater treatment sludges CT)

3692 Magnesium carbon battery produc-tion chromic acid wastewater treatmentsludges (T) -

§ 250.15 Demonstration of non-inclusionin the hazordous waste system.

(a) Any person wishing to demon-strate to EPA that a solid waste froman'individual facility, whose waste islisted in §250.14 (a) or (b), is not ahazardous waste may do so by per-forming the tests described below on arepresentative sample of the waste forthose characteristics or properties in-dicated by the codes (Le., M), (C), (R),(N), (T), (A), (0), (M), (B)) followingthe waste listing. A certification of thetest results shall be submitted to theEPA Administrator by certified mailwith return receipt requested- The re-sults of the tests must show the wasteis non-hazardous for each characteris-tic or property indicated.

(1) Waste designated as Ignitable (I)must be shown by the § 250.13(a) ignit-able characteristic method not to meetthe § 250.13(a) definition.

(2) Waste designated as corrosive (C)must be shown by the § 250.13(b) cor-"rosive characteristic method not tomeet the § 250.13 (b) definition.

(3) Waste designated as reactive (R)must be shown by the § 250.13(c) reac-tive characteristic method not to meetthe § 250.13 (c) definition.

(4) Waste designated as toxic CT)must be shown by the § 250.13(d) toxiccharacteristic method not to meet the§ 250.13(d) definition.

(5) Waste designated as radioactive(A) must be shown to have either ofthe following properties:

(i) An average radium-226 concentra-tion less than 5 picocuries per gramfor solid waste or 50 picocuries(radium-226' and radium-228 com-bined) per liter for liquid waste as de-termined by either of the methodscited in Appendix VIII of this Sub-part; or

(H1) A total radium-226 activity lessthan 10 microcuries for any single dis-crete source.

(6) Waste designated as mutagenicCM), bloaccumulative (B), or toxic or-ganic (0) must be shown to have anExtraction Procedure extract (see


58959



58960

. §.250.13(d)(2)) with none of the follow-ing properties:

(i) Mutagenic (M): Contains morethan one mg/liter of any compound onthe Controlled Substances List in Ap-pendix IX of this Subpart or gives apositive response in any one of a set ofrequired tests for mutagenic activity.A total of three assays must be con-ducted. One shall be chosen fromgroup I, one from group II, and onefrom those listed in group HI.- Testprotocols are defined in Appendix X ofthis Subpart.

Group I Detection of gene mutations1. Point mutatibn in bacteria

Group I Detection of gene mutations1. Mammalian somatic cells in culture.2. Fungal microorganisms.

Group III Detecting effects of DNA repairor recombination as an indication of geneticdamage. 1. DNA repair in bacteria. (including dif-ferential killing of repair defective strains).

2. Unscheduled DNA synthesis in humandiploid cells.

3. Sister-chromatid exchange in manuna-Ilan cells.

4. Mitotic recombination and/or gene con-version in yeast.

(iiY Bioaccumulative (B): Gives apositive result in the BioaccumulationPotential Test, defined in AppendixXI of thib Subpart.

(iii) Toxfc Organic (0): Contains anyorganic substance which has a. calcu-lated human LD50* of less than 800-mg/kg, at a concentration in mg/1greater than or equal to 0.35 times itsLD50 expressed in units of mg/kg. Forpurposes of this Subpart, metallicsalts of organic acids containing 3 orfewer carbon atoms are considered notto be organic substances.

*Procedure for Calculating Human LD50Value:

The LD50 value to be used will be that fororal exposure to rats. Where a value for therat is not available, mouse oral .LD50 datamay be employed. Where an appropriate LD50 value for the rat or mouse is listed in theNIOSH Registry of Toxic Effects of Chemi-cal Substances ("Registry"), this value maybe used without validation. If other valuesare used, they must be supported by specificand verified laboratory reports. The appro-priate conversion factors to use in calculat-ing LD50s are: - -

Rat x16=humanMouse x.066=humanExample: TetraethylenepentamineListed oral rat LD50 is 3990 mg/kg calcu-

lated human LD50 is 3990x0.16' =638 mg/kg; 638x0.35=223 mg/1

Thus if the EP extract contains morethan 223 mg/1 of tetraethylenepentaminethe waste Is hazardous.

PROPOSED RULES

(b) A person desiring to demonstratethat solid waste from an.individual fa-cility is not hazardous may performthe tests himself or have an appropri-ate laboratory facility perform them.(c) The certification of the test re-sults shall contain the following infor-mation:

(1) General information. (i) Thename, address and identificationnumber of person desiring the demon-stration.

- (i) The name and address of the lab-oratory facility performing the sam-pling and/or tests if different fromthat of the person desiring demonstra-tion.

(iii) The name(s) and qualification(s)of theperson(s) sampling the waste.

(iv) The name(s) and qualification(s)of the person(s) testing the waste.(v) The date(s) of the sampling of

the waste.(vi) The date(s) of the testing of the

waste.(vii) The quantity of waste generat-

ed or handled per month.(2) Waste sampling. (i) A description

of the methodology used to 6btain therepresentative sample.

(ii) A description of sample handlingtechniques (e.g., sample splitting, ex-traction, containerization, preserva-tion, etc.).

ORi) A description of the equipmentused in obtaining or handling thesample.

(M)Waste testing. (i) A description ofthe test(s) performed (e.g., ExtractionProcedure, flash point, etc.).

(ii) The results of each test per-formed.

(iii) The names and model numbersof the instruments used in performingthe tests.

(iv) A statement as to whether thereare or will be any significant changesin the person's feed materials or oper-ations which may alter the results ofany of the tests performed.(v) A copy of any documents indicat-

ing results of any of the tests.(4) Certification/signature The fol-

lowing statement signed by the persondesiring demonstration, and by the su-,pervisors of-all persons who participat-ed in the sampling and testing of thewaste:

I have personally examined and am famil-iar with the information, submitted in thiscertification, and I hereby certify underpenalty of law that this information is true,accurate, Vjd complete- I am aware thatthere are significant penalties for submit-

ting, false Information, including the possl-bility of fine and Imprisonment.

(d) If a person submits a demonstra-tion under paragraph (a) of this sec-tion, that demonstration shall takeeffect. 90 days after the receipt by theAdministrator of the demonstration,except that it shall cease to be effec-tive at any time the Administrator dis-approves the demonstration. Duringthe time that a demonstration is Ineffect, persons otherwise covered arenot subject to Subparts B. C, D and Ewith respect to waste included in thedemonstration.

(e) The Administrator may disap-prove a demonstration submittedunder this section for good cause andfor the following reasons:

(1) The procedures prescribed In,paragraphs (a) (1)-(a) (6) were not fol-lowed:

(2) The results of the demonstrationdo not show that the solid waste fallsto meet the criteria for listing under§ 250.12(b);

(3) The results of the demonstrationare based on fraudulently derived orinaccurate information

(4) There is insufficient lunforma-tion; or on which to make a determina-tion.

(f) Where the Administrator disap-proves a demonstration, the party whosubmitted it may request that a publichearing be held. If a demonstration isapproved, an interested party who canshow that he is aggrieved by such anaction may request a hearing. The Ad-ministrator may grant the request fora hearing if there are genuine and rel-evant factual Issues that may be re-solved in such a hearing. Each hearingshall be preceded by adequate publicnotice, shallbe Informal rather than aformal adjudication and shall be pre-sided over by the Administrator orsome person to whom he delegatesthat responsibility.

(g) The declslons of the presiding of-ficer at a hearing held under para-graph (f) shall constitute final Agencyaction, and are not appealable to theAdministrator.

(h) While a request for a hearing Ispending, the decision which is beingappealed shall be considered effective,except that at his discretion the Ad-ministrator may grant a request for astay of the effectivenesS, pending theoutcome of the hearing.




PROPOSED RULES 58961

•

- , C 2-= co

cm.

MM

2z

LL. U m

C=C

* ,

0 0

.,0. ,z. '- -- .

l0 .



PROPOSED RULES

APPENDIX I-SAMPLING METHODS

The methods and equipment used -forsampling waste materials Will vary with theform and consistency of the waste materialto be sampled. Listed below are samplingprotocols appropriate for sampling wastematerials with consistencies similar to theindicated material.

Extremely viscous liquid-ASTM StandardD140-70

Crushed or powdered materfal-ASTMStandard D346-75

Soil or rock-like material-ASTM StandardD420-69

Soil-like materlal-ASTM Standard D1452-65

Fly ash-llke materlal-ASTM StandardD2234-76Additional protocols to be used are de-

scribed In the draft report "Handbook forSampling Hazardous Waste", ResearchGrant R-804692010, available from USEPA,Office of Solid Waste, Information-Materi-als Group, Cincinnati, Ohio 452168.

APPENDIX II-ExPLbsIoN TEMPERATURE TEST

1. Purpose of Test: To determine whethera material explodes, Ignites, or decomposesafter a five second immersion in a sand bathor low flammability liquid (such as high mo-lecular weight silicone oil) at temperaturesup to 125"C and if so, at what temperature.

2. Operating Principle" This test gives anestimate of 'how close the explosion tem-perature is to ambient condition for a mate-rial, and, hence, provides a measurable indi-cation of thermal instability.

3. Test Descriptionw The material to betested (25 mgJ is placed in a copper testtube (high thermal conductivity) and im-mersed in the cbntrolled temperature bbth.This test is made at a series of bath tem-peratures, and the time lag prior to explo-sion at each temperature is recorded (up to10 min.). The bath temperature is raiseduntil a temperature of 125"C is reached if noexplosion, Ignition, or apparent decomposi-tion occurs.

NoT.-This is a modification of the testtaken from H. Henkin, and R. G. McGill, In-dustrial & Engr. Chem. V44 p135.

APPENDIX III-SELECTED CANCELLED ANDRPAR PESTICIDES

NOTE.-(The- following listing containsthose cancelled and RPAR pesticides notcovered by the characteristics and not listedelsewhere in this Subpart).

AramiteBAAMBenomylBenzacChIoranilChlorobenzilateDBCPDiallateDimethoateEBDC-KeponeMaleic HydrazideMirexMonuronOMPAPCNBPhenarzine ChloridePolychlorinated TerphenylsPronamideStrobane2,4.5-T1080/1081

Thiophonate MethylTrysben

APPENDIX IV-SELECTED DEPARTMENTOF TRANSPORTATION (DOT) CLASSIFI-CATION POISON A, POISON B, ANDORM-A SUBSTANCES (FROM 49 CFR172.101)

NoTE.-The following list contains sub-stances not covered by the characterisitsand not listed elsewhere in this Subpart.Those items marked * are not regulatedunless'the commodity meets the DOT defi-nition of the hazard class listed.

*n.o.,s.-not otherwise specified.

acetaldehyde ammonia ...............................acetone cyanohydrin ...................................acetylene tetrabromide .................allethrin .........................................................ammonium hydrosulfide solution .............ammonium polysulfide solution ................aniline oil drum .................aniline oil, liquid ................antimony lactate, solid . ... ...........antimony potassium tartrate, solid ...........antimony sulfide, solid .......................barium Cyanide, solid...................................* beryllium compound, n.os .......................bone oil ........................................................bromoacetone ........................brucine, solid (dimethoxy strychnine).calcium cyanide, solid, or ............................calcium cyanide mIxture, solid ..................cam phene .......................................................carbaryl .......... ... .............carbolic acid. liquid or phenol, liquid

(lquid tar acid containing over 50%benzophenol).

ORM-ABORM-AORM-AORM-AORM-ABBORM-AORM-AORM-ABBORM-AABBBORM-AORM-AB

carbolic acid, or phenol... ............. . Bcarbon tetrachloride ................ .. ORM-Achemical ammunition, nonexplosive B

(containing a Poison B material).chemical ammunition, nonexplosive A

(containing a Poison A material).chlorofozm ..................................................... ORM-A4-chloro-o-toluidine hydrochloride ........... Bchloropicrin, absorbed ............................... Bchloropicrin and methyl chloride mix- A

ture.chloropicrin, liquid................... Bchloropicrin mixture (containing no B

compressed gas or Poision A liquid).coculus, solid (fishberry) .......................... B

- compound, tree or weed killing, liquid... B -

copper c yanide ............................................ B* cyanide or cyanide mixture, dry ............. Bcyanogen bromide ....................................... Bcyanogen chloride (containing less than A

0.9% water).DDT ............ .............. ORM-Adiazinon ................................... ORM-Adibromodifluoromethane ..................... ORM-Adichlorobenzene, ortho. liquid .................. ORM-ADichlorobenzene. para, solid ..................... ORM-Adichlorodifluorolthylene ............. .... ORM-Adichloromethane or methylene chloride. ORM-A2. 4 dichlorophenoxyacetic acid ................ ORM-Adleldrin .................................... ORM-Adinitrobenzene. solid or dinitrobenzol,

solid. --1 dinitrobenzene solution ........................... Bdinitrochlorobenzol, solid or B-dinitrochlorobenzene.

dinitrocyclohexylphenol ............................. ORM-A*-dinitrophenol solution ................ B• disinfectant, liquid ..................................... B

disinfectant, solid ..................................... B* drugs, n.o.s., liquid................................... B* drugs, n o.s.. solid ................... Bethylene chlorohydrin ............................... B

.ethylene dibromide (I. 2-dibromomenth- ORM-Aane).

ferrophosphorus .................. OH.................... .ORM-Aflue dust. poisonous .................................... Bformaldehyde, or formalin solution (in ORM-A

containers of 110 gallons or less).germane ........................... Agrenade without bursting charge: with A

Poison A gas charge.

grenade without bursting charge: with DPoison B charge.

hexachloroethane ........................................ ORM-Ahexaethyl tetraphosphate and com- A

pressed gas mixture.hexaethyl tetraphosphate, liquid ......... Bhexaethyl tetraphosphate mixture. dry B

(containing more than 2/ hexaethyltetraphosphatt),

* hexaethyl tetraphosphate mixture, dry B(containing not more than 2% hex.aethyl tetraphosphate).

hexaethyl tetraphosphate mixture, Bliquid (containing more than 25% hex.

-aethyl tetraphosphate).*hexaethyl tetraphosphate mixture, B

liquid (containing not more than 25% ,hexaethyl tetraphosphate).

hydrocyanic acid. liquifled ......................1 Ahydrocyanic acid (prussic), solution (5% A

or more hydrocyanic acid),hydrocyanic acid solution, less than 5% B

hydrocyanic acid).* Insecticide, dry, n.os ................................. Binsecticide, liquified gas. containing A

Poison A material or Poison B materi-al.

* insecticide, liquid, n.o.s ........................... BLondon purple, solid ......................... DM alathion ...................................................... OnM -A* medicines, n.os., liquid,... ..................... B" medicines, n.os.. solid ..................* mercaptan mixture, 'aliphatic (in con- ORM-A

tainers of 110 gallons or less).methyl bromide and ethylene dibromide B

mixture, liquid.methyl bromide and more than 2% B

chloropicrin mixture, liquid.methyl bromide and nonflammable. B

nonliquified compressed gas mixture,liquid (including up to 2% chloroprin).

methyl bromide, liquid (bromoethane) Bincluding up to 2% chloropicrin,

methyl chloroform .................... ORM-Amethyl parathion, liquid ................ .... B* methyl parathion mixture, dry .............. B* methyl parathion mixture, liquid (con- B

taining 25% or less methyl parathlon),methyl parathion mixture, liquid. (con. D

taining over 25% methyl parathion),M ipafox .......................................................... ORM -AMotor fuel antiknock compound, or B

antiknock coqipound.napthalene or napthalln ............... ORM-Anickel cyanide, solid ................... Bnicotine hydrochloride ........................ Bnicotine, liquid .................... Bnicotine salicylate........................................ B* nicotine sulfate, liquid ...... ....... Bnicotine sulfate, solid .............. ...... Bnicotine tartrate .......... Bnitric oxide. ............. .......... Anitroaniline . I.....................nitrobenzol, liquid (oil or mirbane, nitro. D

benzene.nitrochlorobenzene, ortho, liquid,.,..... Bnitrochlorobenzene, meta or para, solid. Bnitrogen dioxide, liquid ............... Anitrogen peroxide, liquid... ......... Anitrogen tetraoxide, liquid ........... Anitroxylol ...................................... ,....4 B* organic phosphate, organic- phosphate A

compopnd. or organic phosphoruscompound: mixed with compressed gas.

* organic phosphate, organic phosphate Bcompound, or organic phosphoruscompound: liquid.

* organic phosphate, organic phosphatecompound, or organic phosphorus,compound; solid or dry.

"organic phosphate mixture, organic Bphosphate compound mixture, or or.ganic phosphorus compound mixture,liquid.

- organic phosphate mixture, organic Bphosphate compound mixture, or or.ganic phosphorus compound mixture,liquid.

-*organic phosphate mixture, organie Bphosphate compound mixture, or or-ganic phosphorus compound mixture.solid or dry.

parathion and compressed gas mixture.. Aparathion, liquid ....................... B

FEDERAL REGISTER, ,VOL. 43, NO..243-MONDAY, DECEMBER 18, 1978

58662



PROPOSED RULES

* parathion mixture. dry ................parathion mixture, liquid.perchloro-methyl-mercaptan - -perfluoro-2-butene.............phencapton. .... ....................

BBBORM-A,ORM-A

phenyl dichior raine..... ........ Bphenylenediamlne, meta or para, solid- 0phosgene (diphosgene).... Aphosphine ..................... ..... -_ Apoisonous liquid, n.os. or poison B. R

liquid, n.o.s..poisonous liquid or gas, .os............... Apoisonous solid, .o.s.. or poison B. solid, BrLo.S--

potassium cyanide, solid ............. .... B* potassium cyanide solution_........... Bsilver cyanide -- -- Bsodium azidea.......................... Bsodium cyanide, solid . ..... ............. B* sodium cyanide. solution ................. Bsodiumdichromate ........ 01sodium pentachorophenate_.__. 1 0strontium arsenite, solid ......... B* strychnine salt. solid .......................... Bstrychnine, solid ....... Btetrachloroethane ... .......... 0tetrachloroethylene or perchIoroethy- 01

lene.tetraethyl dithio pyrophosphate and A

compressed gas mixture.tetraethyl dithio pyrophosphate, liquid- Btetraethyl dithio pyrophosphate, mix- B

ture. dry.tetraethyl dithio pyrophosphate. mix- B

ture liquid.tetraethyl lead, liquid (including flash B

point for export shipment by water).tetraethyl pyrophosphate and com- A

pressed gas mixture.tetraethyl pyrophosphate. liquid ...... Btetraethyl pyrophosphate- mixture. dry. BtetraethyX pyrophosphate. mixture. B

liquid.tetramethyl methylene dlamlne.--_ 0!*thallium salt, soli o.s _ __ Bthallium sulfate. solid __ _ B

thiram -

toluenediaminetricldoroethylenezinc cyanide

B0101

B

RM-A

RM-AtM-A

PM-ARM-A

UR-A

UT-ARM-APtM-A

A'Encix V-SELEcnED PRioRY" P ~OLLUTANTS

NoTa-The following list contains thosepriority pollutants not covered by the char-acteristics and not listed elsewhere in thisSubpart.

Compound Name

L acenaphthene2. acrolein3. acrylonitrile4. benzene5. benzidine6. chlorobenzene -

7. 1, l-trichlorobenzene8. hexachlorobenzene9. 1.2-dichloroethane

10. 1,1,-trichloroethaneII. 1,1-dichloroethane12. 1,1,2-trichloroethane13 chloroethaner4. bis(chloromethyl) ether15. bis(2-chloroethyl) ether1&. 2-chloroethyl vinyl ether (mixed)17. 2-chloronaphthalene18. 2,4,6-trichlorophenol19. parachloro-m-cresol20. -chlorophenol21. 1,3-dichlorobenzene22. 3,3"-dichlorobehzidine23. 1,-dichloroethylene24. 1,2-trans-dichloroethylene25. 2.4-dichlorophenol26. 1,2-dichloropropane27. 1,2-dichloropropylene (1,3-dichloropro-

pene)

28. 2,4-dimethylphenol29. 2;4-dlnltrotoluene30. 2.6-dinitrotoluene31. 1,2-diphenylhydrazine32. ethylbenzene33. fluoranthene34. 4-chiorophenyl phenyl ether35. 4-bromophenyl phenyl ether36. his (2-chlorolsopropyl) ether37. bis (2-chloroethoxy) methane38. methyl chloride (chloromethane)39. bromoform (tribromomethane)40. dichlorobromomethane41. trichlorofluoromethane42. dichlorodifluoromethane43. chlqrodibromomethane44. hexachlorobutadlene45. hexachlorocyclopentadfene46. isophorone47. 2-nitrophenol48. 4-nitrophenol49. 4,6-dinltro-o-cresol50. N-nitrosodimethylamlne51. N-nitrosodlphenylamlne52. N-nitrosodl-n-propylamlne53. pentachlorophenol54. bis(2.ethylhexyl)phthalate55. butyl benzyl phthalate56. di-n-butyl phthalafe57. di.n-octyl phthalate58. dlethyl phthalate59. dlmethyl phthalate60. benzoa)anthracene (1,2.benzanthra-

cene)61. benzo(a)pyrene (3.4-benzopyrene)62. 3.4-benzofluoranthene63. benzo(k)fluoranthane (11.12.benzo-

fluoranthene)64. chrysene65. acenaphthylene66. anthracene67. benzoCg.h.)perylene (l,12-benzopery-

lene)68. flu6rene69. ph-enanthrene70. dibenzo(ah)anthracene (1.2.5.6-dben-

zanthracene)71. indeno(I.2,3-cd)pyrene (2,3-o-plheny-

lenepyrene)72. pyrene73 toluene74. vinyl chloride (chloroethylene)75. aldrin76. chlordane (technical mixture & meta-

bolites)77. a-endosulfan-Alpha78. b-endosulfan-Beta79. endosulfan sulfate80. endrin aldehyde8L heptachlor82. heptachlor epoxide83. a-BHC-Alpl.84. b-BHC-Beta85. g-BHC-Delta86. PCB-1242 (Arochlor 1242)87. PCB-1254 (Arochlor 1254)88. PCB-1221 (Arochlor 1221)89. PCB-1232 (Arochlor 1232)90. PCB-1248 (Arochlor 1248)91. PCB-1260 (Arochlor 1260)92. PCB-1016 (Arochlor 1016)93. 2,3,7,8.tetrachlorodlbenzo-p-dloxln

(TCDD)

APPENiax VI--CEh-an FOR DISEASE COGrRoL(CDC) CLrAssxricAzox or EurOLOGCAGEN'TS

The CDC, Classification of EtiologicAgents on the Basis of Hazard includes thefollowing classes of agents which are of po-tential hazard.

Class 2

Agents of ordinary potential hazard. Thisclass includes agents which may producedisease of varying degrees of severity froaaccidental Inoculation or Injection or othermeans of cutaneous penetration but whichare contained by ordinary laboratory tech-niques.

Class 3

Agents involving special hazard or agentsderived from outside the United Stateswhich require a federal permit for importa-tion unless they are specified for higherclassification. This class Includes pathogenswhich require special conditions for contain-ment.

Class 4

Agents that require the most stringentconditions for their containment becausethey are extremely hazardous to laboratorypersonnel or may cause serious epidemic dis-ease. This class includes Class 3 agents fromoutside the United States when they areemployed In entomological experiments orwhen other entomological experiments areconducted In the samelaboratory area.

Class 5Foreign animal pathogens that are ex-

cluded from the United States by law orwhose entry is restricted by USDA adminis-trative policy.

These agents are specified asfollows:

A. CLASSMCFIONO OESCCTERIAL AO5X

Class 2

Actinobacillus-1l species except A. maUeLwhich is In class 3

Arizona hinshawif--al serotypesBacillus anthracisBordefella-al speciesBorrelta recurrentis, B. vincentiClostridium botulinuim

CL chauroei. CL haemalytic m.Cl. histolyffcum CL novyi.CL septicum, Cl. tetani

Corynebacterium diptheriaeC equf, C renale

Diplococcus (streptococcus) pheusmonfaeErysipelothriz fnsidiosaEscherlchia colf-all enteropathogenie sero-

typesHaemophflus ducreyi, H. inftuenzaeJierellea rcgfnfcolaKlebsiella-all species and all serot3-pesListeria-all speciesMimapolymorphaMoraxela-all speciesMycobac[era-all species except those

Ulsted In Class 3Mycoplasma-all species except Myco-

plasma mycoldes and mycoplasma agalac-tiae. which are In clas 5

Ncisserla gonorrhoeae, N. meninaitidisPaiteurella-all species except those listed

In Class 3Salmonella-all species and all serotypesShfgella-all species and all serotypesSphacrophorus necrophorusStaphylococcus aureusStreptobacillus maniliformisStreptococcus pyogenesTreponema carateum. T. pallidum, and T.

prtenueVibrfo fetu.% V. comma, Including biotype El

Tor. and V. parahemolyticus


58963



.58964

Class 3Actinobacillus malleiBartonella-all species ,Brucella-all speciesFrancisella tularensisMycobacterium avium, M. bbvis, M, tuberco-

losisPasteurella multocida type B ("buffalo" and

other foreign virulent strains)Pseudomonas pseudomalle, "Yersenia pestis

B. CLASSIFICATION OF FUNGAL AGENTS

Class 2,Actinomycetes (including Nocardia species

and Actinomyces species and, Arachniapropionica)

Blastomyces dermatitidisCryptococcus neoforransParacoccidioides brasiliensis

Class3 .Coccidioides immitisHistoplasma capsulatumHistoplasma capsulatum var. duboisti .

C. CLASSIFICATION OF PARASITIC AGENTS

Class2Endamoeba histolyticaLeishmania sp.Naegleria gruberiToxoplasma gondiiToxodara canisTrichinella spiralisTrypanosoma cruzi-

Class 3'Schistosoma mansoni -

U. CLASSIFICATION OF VIRAL, RICKETTSIAL, AND

CIiLAMYDIAL AGENTS.

'Class2'

Adenoviruses-human-a1 types -Cache Valley virusCoxsackie A and B VirusesCytomegalovirusesEncephalomyocarditis virus (EMC)Flanders VirusHart Park VirusHapatitis-associated antigen materialHerpes Viruses-except Herpesvirus simiae

(Monkey B virus) which is in class 4Corona virusesInfluenza viruses-all types except A/PR8/

34, which is in'class 1Langat virusLymphogranuloma venereum agentMeasles virusMumps virusParainluenza viruses-all types except Par-

ainfluenza virus 3,.SF4 strain, which Is in.Class I

Polioviruses-all types, wild and'attenuatedPoxviruses-all - types except Alastriur _

smallpox, Monkey pox, and whitepox,which depending on experiments, are inClass 3 or Class 4.

Rabies virus-all strains except Rabiesstreet virus, which should be classified inClass 3 when inoculated into carnivores

Reoviruses-all types -Respiratory syncytial virusRhinoviruses-all types :Rubella virusSimilar viruses-all types except Herpes-

virus similar (Monkey B virus) and Mar-burg virus, which are in Class 4

Sindbis virusTensaw virus

PROPOSED RULES

Turlock virusVaccinia virusVaricella virusVole rickettsiaYellow fever virus, 17D vaccii

Class 3

Alastrun, Smallpox, Monkeypox,.when used in vitro.

Arboviruses-all strains esClass 2 and 4 (Arbovlruiethe United States are inthose listed in Class 2. Wesliki Forest viruses, may be'down, depending on the coand geographical location.tory.)

Dengue virus, when used for. animal inoculation experi

Lymphocytic chorimeningitiPsittacosis-Ornithosis-Trachagents

Rabies street virus, whentions of carnivores (See Cla

Rickettsia-all species excepwhen used for transmissiooculation experiments -

Vesicular stomatitis virusYellow fever virus-wild, wh

Class4

Alastrun, Smallpox, Monkey,ppx, when used for transmiinoculation experiments

Hemorrahagic fever agentsmean heniorrzagic fever

,and Machupo -viruses, ancundefined

Herpesvirus simiae (Monkey-Lassa virus,Marburg virus•Tick-borne. encephalitis virz

eluding Russian spring-suntis, Kyasanur forest deseasragic fever, and Centralcephalitis viruses

Venzuelan equine encephaldemic strains, when used f.or animal inoculation exper

Yellow fever virus-wild,transmission or animal inocments

* * , .

Class 5 1A. Animal agehts exclui

United Stated by law.Virus of foot and mouth

B. Animal agents excludecministrative policy. "African horse sickness virusAfrican swine fever virusBesnoitia besnoitiBorna desease virusBovine infectuous petechial fCamel pox virusEphemeral fever virusFowl plague virusGoat pox virusHog cholera virusLUuplng ill virusLumpy skin disease virusNairobi sheep disease virusNewcastle disease virus (AsiatMycoplasma mycoides (con

pleuro-pneumoniaMycoplasma agalactiae (con

tia of sheep)Rickettsia ruminatium (hearRift valley fever virus

Sheep pox virusSwine vesicular disease virusTeschen disease virusTrypanosoma vivax (Nagana)

ne strain Theileria parva (East Coast fever)Theileria annulataTheileria lawrencei

poA aid Whqite. Theileria bovisTheileria hirci

:cept those in Vesicular exanthema viruss indigenous to Wesselsbron disease virusClass. 3, except Zyonemafarciminosum (pseudofarcy)t Nile and Sem-classified up or APPENDIX VII-INFECTOUS WASTEonditions or use TREATMENT SPECIFICATionsof the labora- Infectious waste from departments of

health care facilities as defined Intransmission or § 250.14(b)(1) may be rendered non.harzar-ents , dous by subjecting the waste to the follow.

s virus (LCIf) Ing autoclave temperatures and dwell times!oma group of

Steam Autoclavesed in inocula. (1) Trash: 250 F (121 C) for 1 hour with 15ass 2)

Vole ric ttsia minutes prevacuum of 27 in. Hg.

n or animal in. (2) Glassware: 250 F (121 C) for'1 hourwith 15 minutes prevacuum of 27 In, Hg, forfilled NIH Glassware can.

en used in vitro (3) Liquids: 250 F (121 C) for 1 hour foreach gallon.

(4) Animals: 250 F (121 C) for 8 hours with15 minutes prevacuum of 27 In. Hg.

pox and Wite- (5) Animal Bedding: 250 F 1121 C) for 8ission or animal hours with 15 minutes prevacuum of 27 In.

including Cri- Hg.

Congo), Junin, or equivalent treatment methods such asothers as yet gas sterilization or pathological Inciner

ation. Temperatures and dwell time willB virus) vary In relation to the volume of materlali

moisture content and other factors,

is complex, -in- APPENDIX VIII-RADOACTIVE WASTE-rmer encephali- MFASUREMENTSa Omsk hemor- Radlum-226 concentration can be deter.European en- mined by either of the following methods.

referenced In Part 300 of Standard Methodsiris virus, epl- 'for the Examination of Water andor transmission Wastewater, 13th ed. APHA, AWWA,riments WPCF, New York (1970).vhen used for I. Precipitation methodeulation experi- 2. Radon Emanation Technique

Radium-226 concentration in liquidsources can be determined by the method

• • referenced in Interim Radiochemical Methodology for Drinking Water (EPA-600/4-75-008 (Revised))

ded iore Additional Information Concerningf Sample Preparation

Sdisease a1. Radioassay Procedures for Environtnen-tal Samples U.S. Department of Health,by USDA ad- Education & Welfare, Public Health Serv-

ice, Rockville, MD. (1967)2. Method for Determination of Radihm-

226 in Solid Waste Samples available fromUSEPA Office of Solid Waste.

'ever APPENDIX IX-CONTROLLED SUBSTANCE LIST

NoT--Compounds and classes Whiehhave been reported to either mutagenic, Car.cinogenic, or teratogenic and which wouldnot give a positive indication of activityusing the prescribed tests. Where a class ofcompounds In listed, Inclusion on this listdoes not mean that all members of the class

tic strains) have been shown to be either mutagenic,tagious bovine carcinogenic, or teratogenic, Demonstration. that specific class members contained In thetagious agalac- waste have not been shown to be either inu

tagenic, carcinogenic, or teratogenic, will betwater)- sufficient for a demonstration of non-

hazard by reason of mutagenic activity (M).

FEDERAL REGISTER,. VOL 43, NO. 243-MONDAY, DECEMBER- 18, 1978



AloperidinAmantadine4-Aminoantipyrin acetamideAminopterin3-Amino-1.2,4-triazole6-AzauridineAzo dyesBenzeneBisulfanCarbon tetrachlorideChloroqulneChlorambucilCobalt saltsColchicineCoumarin derivativesCycasinCycloposphamideDextroamphetamine sulfateDiazepam (Valium)DiethylstilbesterolDlmethylaminoazobenzeneDimethylnitrosamineDiphenylhydantoinEthionineGrisefulvin1-HydroxysafroleMaleic HydrazideMethotrexateMethylthiouracilMytomycin-Cd-PenicillaminePhenylalaninePhorbol estersQuinineResperinep-RosanilinSafroleSerotoninStreptomycinTestosteroneThioacetamide thfoureaTrimethadioned-Tubocurarine

APsENDzx X-MUTAGENiC AcrrvrrYDETECTION

-GROUP I-DETECTION OF GENE MUTATIONS

a. Point Mutations in Bacteria1. Positive Control. All essays must be

run with a concurrent positive control Posi-tive control compounds or mixtures shall beselected to dem6pstrate both-the sensitivityof the indicator organism and the function-ing of the metabolic activation system.

2. Negative controls: A solvent negativecontrol shall be included.

3. Choice of'Organisms: The bacteria usedshall include strains capable of detectingbase pair substitutions (both transitions andtransverlions) and' frame-shift mutations.The known spectrum of chemical mutagenscapable of being detected by the strainsshall -be considered when selecting thestrains. The strains shall also be highly sen-sitive to a wide range of chemical mutagens.They may include strains whose cell wall,DNA repair, or other capabilities have beenaltered to increase sensitivity (Ames, 1975;McCann et al., 1975). Although sensitivebacterial assays for forward mutations atspecific loci or over some portion of theentire genome may also be appropriate, atthe present time the most sensitive andbest-characterized bacteria for mutagenicitytesting are those capable of indicating re-verse mutations at specific loci.

4. Methodology:(i) General. The test shall be performed in

all respects in a inanner known to give posi-tive results for a wide range of chemical mu-tagens at low concentrations. Tests must be

PROPOSED RULES

run with and without metabolic activation.The sensitivity and reproducibility of themetabolic activation systems and strainsused shall be evaluated both by reference topast work with the method and by the con-current use of positive controls.

(i) Plate assays. In general, the EP ex-tract should be tested by plate Incorpora-don assays at various concentrations. Testconditions should minimize the possible ef-fects due to extraneous nutrients, contami-nation by other bacteria, and high levels of

'spontaneous mutants.(il) Liquid suspension assays. A few

chemicals (e.g., dethylnitrosamine and de-methylnitrosamine) will give positive resultsonly in tests in which the test substance.the bacteria, and the metabolic activationsystem are Incubated together in liquidprior to plating, but not in a plate incorpo-ration assay (Bartsch et al, 1976). Thus,tests shall be conducted In liquid suspensionas well as on agar plates.

(iv) Doses. The highest test dose whichdoes not result in excessive cell death shall*be used.

GROUP 11-DEECTION OF GENE MUTATIONS

a. Mammalian Somatic Cells in Culture1. Choice of cell systems: A number of

tc ts in mammalian somatic cells in cultureare available in which specific locus effectsmay be detected In response to chemical ex-posure (Shapiro et aL, 1972; Chu. 1971). Thecell line used shall have demonstrated sens-tivity of chemical induction of specific-locusmutations by a variety of chemicals. Theline shall be chosen for ease of cultivation.freedom from biological contaminants suchas mycoplasmas, high and reproduciblecloning efficiencies, definition of genetic de-tection, loci, and relative karyotyplc stabil-Ity. The Inherent capabilities of the testpells for metabolic activation of promuta-gens to active mutagens shall also be consid-ered, as well as the use of metabolic activa-tion systems similar to those used with mi.croorganisms.

2. Methodology:(i) General. The test shall be performed In

all respects In a mariner known to give posi-tive results for a wide range of chemical mu-tagens. The sensitivity of the system, meta-bolic activation capability, and Its reproduc-ibility must be evaluated by reference topast work and by the concurrent use of posl-Live controls. Culture conditions which mayaffect the detection of imutations and givefalsely high or low figures for reasons otherthan chemical Induction shall be avoided.Definition of detected genetic loci studiesand verification that the observed phenoty-pie changes are indeed genetic alterationsshould be presented.

b. Mutation in Fungi1. Controls: All considerations discussed

under Group I, a. are applicable.2. Choice of Organisms: The fungi used

shall Include strains capable of detectingbase pair substitutions (both transitions andtransversions) and frame-shift mutations.More Inclusive assay systems, such as thosedesigned to detect recessive lethals, Rre alsoacceptable. The known spectrum of cheml-cal mutagens capable of being detected bythe strains shall be considered when select-ing the strains. The strains shall also behighly sensitive to a wide range of chemicalmutagens. Strains altered in DNA repair orother capabilities with the intent to in-

58965'

crease sensitivity may be used. subsequentto validation. Either forward or reverse mu-tation assays may be applied.

3. Methodology:(1) GeneraL" All considerations discussed

under Group I. a. 4. (1) are applicable- Careshould be taken to investigate stage sensitiv-ity, Le., replicating versus non-replicatingcells as well as possible requirement forpost-treatment growth.

(II) Plate Assays: While spot tests andplate Incorporation assays are useful forpreliminary testing, they shall not be con-sidered conclusive.

GROUP nI-DETECTING EFFM= ON D A REPAIROR REcOMBINATION AS AN INDIc ATION OF a-NErIC DAMAGE

a. DNA Repair in Bacteria

1. Controls: All considerations discussedunder Group I are applicable.

2. General: (i) When the DNA of a cell isdamaged by a chemical mutagen. the cellwill utilize Its DNA repair enzymes in an at-tempt to correct the damage. Cells whichhave reduced capability of repairing DNAmay be more susceptible to the action ofchemical mutagens. as detected by Increasedcell death rates. For: suspension tests usingDNA repair-deficient bacteria, the positivecontrol should be similar In toxicity to thetest mixture.

(i) The DNA repair test in bacteria deter-mine if the test substance(s) Is more toxic toDNA repair-deficient cells than it is to DNArepair-competent cells. Such differentialtoxicity is taken as an indication that thechemical interacts with the DNA of the ex-posed cells to produce increased levels of ge-netic damage.

3. Choice of organisms: Two bacterialstrains, with no known genetic differencesother than DNA repair capability, shall beused. The strains selected shall be known tobe capable of indicating the activity of awide range of chemical mixtures capable ofbeing detected by the strains and proce-dures used shall be reported.

4. Methodology.(I) Plate test. The EP extract should be

tested by spotting a quantity on an agarplate which has had a lawn of the indicatororganisms spread over IL After a suitable in-cubation period, the zone of inhibitionaround the spot shall be measured for eachstrain and compared for the DNA repair-competent and DNA repair-deficient strains.If no discrete zone of inhibition Is seen with'either strain, then the results of the testsare not meaningful. (i) Liquid suspension test. The liquid sus-

pension test shall also be performed by com-paring the rates at which given concentra-tions of the test substances will kill each ofthe two indicator strains when incubated inliquid suspension. Conditions should be ad-justed so that significant killing of the DNArepair-competent strain occurs, if this Is pos-sible. Methodology Is discussed in Kelly etaL (1976).

(i) Doses The dose level of test sub-stances used In the plate or suspension testshall be adjusted so that significant toxicityto the DNA repair-competent strain is meas-ured. In the plate test, this means that. azone of inhibition must be visible, in thesuspension test, significant loss of cell via-bility must be measured. This may not bepossible if the test substance Is not toxic tothe bacteria or if, in the plate test, it doesnot dissolve in and diffuse through the agar.'




PROPOSED, RULES

The same'dose 'Must be used in exposing theDNA repair-competent and repair-deficlentstrains.

b. Unscheduled DNA Synthesis in HumanDiploid Cells

1. GeneraL DNA damage induced bychemical treatment of a cell can be meas-ured as an Increase in unscheduled DNAsynthesis which is an indication of-increasedDNA repair. Unrepaired or misrepaired al-terations may result In gene mutations or inbreaks or exchanges which can lead to dele-tion and/or duplication of larger gene. se-quences or to translocations which mayaffect gene function by position effects(Stlch, 1970; Stoltz et al., 1974).

2. Aethodology:(i), General Pximary or established cell

cultures with normal repair function shallbe used. Standardized human cell strainsfrom repositories are recommended. Controlshould be performend to detect changes inscheduled DNA synthesis at appropriatesections In the experimental design. Themedia conditions shall be optimal for meas-uring repair synthesis.• (ii Dose, At least five dose levels shall beused and the time in the cycle or cynchron-our or non-proliferating cells at *which ex-plosure takes place shall be given. Themaximum compound dose shall induce tox-

'icity, and the dosing period with the testsubstance shall not be less than sixty min-utes.

c. Sister Chromatid Exchange in .Mamma-lian Cells With and Without Metabolic Ac-tivation1.. Controls: AlU considerations discussed

under Group I a. are applicable..'2. General- Cytological techniques are

available to evaluate the genetic damage in-ducedby chemicals. In the past few years -atechnique has been developed for identify-Ing sister chromatid exchanges much moresimply and efficiently than by the autora-diographic method. The method utilizes thefact that a fluorescent stain Hoeshst 33258binds to thymidine-containing DNA but not,or far less efficiently, to ErdUrd-substitutedDNA. This means that the order of fluores-cence would be brightest for DNA 'unrepli-cated in BrdUrd, Intermediate for DNAafter one round or replication in BrdUrd.and least for DNA following two, rounds orreplication in BrdUrd. Thus a sister chroma-tid exchange can be seen as a switch of flu-orescence pattern at the point of exchange.Perry and Wolff (Nature 251, 156-158(1974)) combined Hoechst staining withGlemsa staining such that the brightly flu-orescing regions stain darkly with* Giemsa.and the dully fluorescent. regions hardlystain at all.

3. Choice of Organisms: Chromosomalpreparations of human peripheral blood leu,kocytes or Chinese hamster every cells shallbe used.

4. Methodology:(I) GeneraL The test method must be ca-

pable of detecting sister chromatid ex-changes. Procedures reported by Perry andWolff (Nature 251, 156-158 (1974) andMoorhead et al. (Exp. cell. Res. 20, 613-616(1960)) are recommended. Metabolic activa-lion with rat liver S-9 mix should be incor-porated whenever it-is appropriate., -

(i) Doses: Test substances shall be testedto the highest ddse where toxicity does notinterfere with the test procedure.

d. Mitotic Recombination and/or GeneConversion in Yeast

1. Control.s" All considerations discussedunder Group I are applicable.

2. Genera"l One-can effectely study thechromosomes of eukaryotic microorganismsby employing classical genetic methodolo-gies which depend upon-the -behavior andinterxktion of specific markers spaced judi-ciously within the genome. These methodshave been -developed over several decades,and have been applied in recent years to thestudy of induced genetic damage (Zimmer-man, 1971, 1973, 1975; Bruslck and Andrews,1974).

3. Choice of organisms Diploid strains ofyeasts thatdetect mitotic crossing-over and/Or mitotic gene conversion shall he used. Ad-ditionally, as appropriate strains are devel-oped, monitoring for induced non-disjunc-tion and other- effects may be possible. Mi-totic crossing-over shall be detected In astrain or organism in which it is possible, bygenetic means, to determine with reasonablecertainty that reciprocal exchange of genet-ic information has occurred.

Strains employed for genetic testing shallbe of proven sensitivity to d-wide range ofmutagens.

4. Methodology:(D) G raL- In general, wastes shall be

tested in liquid suspension tests.

REEENCEs

Ames. B. N. 1976. 'The Salmonella/micro-some mutagenicity test. In Origins ofHuman Center. J. D. Watson and H. Hiatt.eds. New. lork: Cold Spring Harbor Labora-tory Press.

Ames, BEN_ J. McCann, and F. Yamasak1975. Methods f6r detecting carcinogens andmutagens with the Salmonella/mammalianmicrosome mutagenicity test. Mut. Res.31:847-364.

Bartsch, H., A. Camus and C. Malavelle.1976. Comparative incubation system inpresence of rat or human tissue fractions.MutaL Re&. 37 (2-3). 149-162., Brusick, D. and H. Andrews. 1974. Com-

parison of the genetic activity of dimethyl-nitrosamine, ethyl methane sulfonate, 2-acetylaminofluorene, and ICR-170 in Sac-charomjyces cerevisiae strains D3, D4, andfD5 using in vitro assays, with and withoutmetabolic activation. Mut. Res. 26:491-500.

Chu, E. H. Y. 1971- Induction and analysisof gene mutations in mammalian cells inculture. In Chemical Mutagens* Principlesand methods for Their Detection. A. Hol-laender, ed. Vol. 2: 411-444. New York:Plenum Press.

Clive, D., and J.F.S. Spector. 1975. Labora-tory procedures for assessing specific locusmutations at the TK locus in culturedL5178Y mouse lymphoma cells Mut. Res.31: 17-29.

Kelleyj R.B., M.R. Atkinson J.A. Huber-man, and-A. Kornberg. 1969- Excision ofthymilne dimers and other mismatched se-quences by DNA polymerase of Escherichiacoli. Nature 224: 495-501.

K"elly. W.S. and N). Grindley. 1975.POLA6. a mutation affecting DNA bindingcapacity of DNA-polymerase L'2Nuc. Acid a3 (11): 2971-2984

McCann, J. N_. Springarn.J. Boborl andBNL Ames. 1975. Detection of.carcinogensas mutigens: bacterial tester strains with P.factor plasmids. Proc. Natl. AcaL .Shi USA.72:979-983.

N Moorhead, P. P.C. Nowell, W. J. Mel-"man. D.X. Battips, and D.A. Hungerford.

1960. Chromosomal preparations of leuco-cytes cultured from human peripheralblood. EXP. Cell Res. 20: 613-616.

Perry, P., and S. Wolff. 1974. New Glemsamethod for differential staining of sisterchromatids. Nature 251 (5471) 156-158.

Sato, K., R.S. Slesfiski and JW, Little.'field. 1972. Chemical mutagenesis at thephosphoribosyltransferase locus In culturedhuman lymphoblasts. Proc. Nat. Aca. ScUSA. 69: 1244-1248.

Shapiro. N.I., A.E. khalzov, EXT. Luss,M.L Marshak, O.N. Petrova, and N.B. Var-shaver. 1972. Mutageness in cultured mam.malian cells. I. Spontaneous gone mutationsin human and Chinese hamster cells. Mut.Res. 15: 203-214.

Stitch, H.R., R.H.C. San, and Y. Kawazoe,1971. DNA repair synthesis In mammaliancells exposed t6 a series of oncogenle andnononcogenic derivatives of 4-nitroquino.line-i-oxide. Nature 229: 416-419,

Stoltz, D.R., L.A. Poirler, C.C. Irving, ILF.Stitch, J.H. Weisburger, and H.C. Grce.1974. Evaluation of short-term tests for car-cinogenicity. Tox. Appl. Pharm. 29: 157-180.

Zimmerman, F.K. 1971. Induction of mi-totic gene conversion by mutagens. Mut.Res .l: 327-337.

Zimmerman. 1973. Yeast strain for visualscreening for 2 reciprocal products of mitot-Ic crossing over. Mutat. Res. 21(5): 263-269.

Zimmerman. 1975. Procedures used In theinduction of mitotic recombination and mu-tation in the yeast, Saccharomyccs cerevi-siae. Mut. Res. 31:71-86.

APPENDIX ,I-BIOACUMULATION POTENTIALTEsr

(a) General. Reverse-phase liquid chroma-tography Is a separation process in whichchemicals are injected onto a column of fineparticles coated with a nonpolar <water in-soluble) oil and then eluted along thecolumn with a polar solvent such as wateror methanol. Recent development in thisfield have-produced a permanently bondedreverse-phase column in which long-chainhydrocarbon groups are chemically bondedto the column packing material which leadsto a more reproducible separation. Thbchemicals injected are moved along thecolumn by partitioning between the mobilewater phase and the stationary hydrocar-bon phase. Mixtures of chemicals can beeluted In order of their hydrophobicity,with water soluble chemicals first and oilsoluble chemicals last in proportion to theirhydrocarbon/water partition coefficient.Calibration of the Instrument using com-pounds of known octanol/water partitioncoefficient allows this procedure to be usedto'determine whether an unknown mixturecontains compounds with octanol/waterpartition coefficients above a designatedlevel.

Specific correlations exist between oc.tanol/water partition coefficients and blo-concentration In fish. This test thus offers arapid, inexpensive method of Identifyingthose mixtures which contain compoundswhich pose a potential bloaccumulatvehazard.I Compounds with log P 3.0, 'but whichreadily biodegrade would not be expected topersist in the environment long enough foraccumulation to occur. Thus a degradationoption has been Included in order to exemptthese substances from the hazardous wastecontrol system.

(b) Chromatography Conditions. A liquidchromatograph equipped with a high pres-


58966



PROPOSED RULES

sure stopflow injector and a 254 nm ultra.violet detector with an 8 ul cell volume and1 cr path length is employed. The columnis a Varian Preparative Micropak C-H(Catalog number 07-000181-00), or its equiv-alent, consisting of a 250 mram x 8 mm (i.d.)stainless steel cylinder filled with 10 micronichrosorb to which octadecylsilane is per-

manently bonded.The column is operated at ambient tem-

perature. The solvent consists of a mixtureof water and methanol (15:85. v/v) which ispumped through the column at 2.0 ml/minute.

(c) Retention Volume Calibration. Chemi-cals are dissolved in a mixture of acetoneand cyclohexane (3:1. v/v). For preparingthe calibration curve the quantity of indi-vidual chemicals in the solution is adjustedto give a chromatographic peak of at least25 percent of the recorder scale. Acetoneproduces a large peak at approximately 2.6minutes. /

Six chemicals for which Log P has beenreported are used to calibrate the elutiontime in units of Log P. The calibration mix-ture is summarized in Table 1 and Includesbenzene, bromobenzene, biphenyl, bibenzyl,p.p'-DDE, and. 2.3,5,21.5'-pentachlorobl-phenyl.

(d) Sensitivity Calibration. The mixture ischromatographed and a calibration curveprepared daily to eliminate small differ-ences due to flow rate or temperature andto follow the retention properties of thecolumn during prolonged use. The calibra-tion is made by plotting Log P vs the loga-rithm of the absolute retention time (logRT). Figure 1 is an example of such a call-bration curve.

(e) Test Procedure. (1) Prepare a calibra-tion curve as described above.

(2) Calculate the geometric mean of theInsrtumental response to the chemicalslisted In Table 1 with the exception of theacetone. This value. expressed in ug/25%full scale deflection. is designated the In-strumental Sensitivity (IS).

(3) Extract X liters of the Extraction Pro-cedure extract to be tested, using dlchloro-methane, and concentrate the extract to aquantity suitable for injection on to thecolumn. The quantity X is determined bythe Instrumental sensitivity and Is given bythe relationship: X In lIters=IS in micro-grams.

(4) Analyze the extract using the now cali-brated chromatograph. A positive responseis defined as an instrumental responsegreater than or equal to 25 percent fullscale detector response In the region of LogP greater than or equal to 3.5.

(5) If a positive response is indicated Instep (4). then subject a sample of the wasteto a biodegradation assay and then retest. Ifa positive response with the degraded wasteis not obtained, then the waste is not consid-ered to be hazardous by reason of bioaccu-mulativeness.

TAuLE I.-Parifton Coefflcfcnts forChemicals Used for Calibration

Lqr PAcetone- 0.55Benzene 2.13Dromobenz ne .................. .. .. 2.99131phen. ' .. . . .. . - 3.7/6Blbezyl 4.81p.p*-DDE 5.6924.5.2".5".Pentachloroblplenyl -......... 6.11


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PROPOSED RULES

[6560-01-C] •

Figure 1

o PCB (5-Cl)

7DDEBibenzyl

0 /Biphenyl

7F)

0

4-.

Benzene

I I I1.0

Log Retention2.0

Time (minutes)

- FEDERAI I5GISTER, VOL43, 'NO. 243-MONDAY, DECEMBER 18, 1978

7.0

6.0

5.0-

6 Bromobenzene

4.0

3.0F

2.0

1.0 -

- 0

58968



PROPOSED RULES

.16560-03-M]-40 CFR PART 250 SusART B)

SECTION 3002-STANDARDS APPLICABLE TOqENERATORS OF HAZARMOUS WASTE

Section 3002 requires the Adminis-trator to promulgate regulations es-tablishing standards for persons gen-erating waste identified or listed ashazardous under Subpart A (Identifi-cation and Listing of HazardousWaste). These standards are designedto protect human health and the envi-ronment by establishing requirementsfo1_

1. Recordkeeping to identify quanti-ties, constituents, and disposition ofhazardous waste generated;

2. Labeling -of containers used forstorage, transport, or. disposal of haz-ardous waste;

3. Use of appropriate containers forhazardous waste;

4. Furniishing information on gener-al chemical composition to persons-transporting, treating, storing, or dis-posing of hazardous waste;

5: A manifest system to assure thathazardous waste is designated for anddelivered to a permitted treatment.storage, or-disposal facifity; and

6. Submission of reports to the Ad-ministrator (or authorized Stateagency) .setting out quantities and dis-position of hazardous waste.

_WALSTE DESIGNATION

It is a generator's responsibility todetermine if his waste is hazardous.This determination can be made byevaluating the waste against the char-acteristics outlined in §250.13 of Sub-part A, or by identifying the waste' onthe hazardous waste lists presented in§250.14 of Subpart A.

A person who has knowledge of theraw -materials input into his -processand knows these- materials to be prMsent in the waste may -tilize this in-formation to determine whether thewaste would match the characteristicsset forth in §250.13 -without testing.This can be accomplished by using themanufacturr's specifications and data-or by consulting scientific -literatureand comparing -the - physical andchemical properties of -the raw materi--als in the waste to the characteristicsin § 250-13 which snake a waste hazard-ous.

If a person believes his waste to behazardous, he may also simply declareit to be so without any references toSubpart A or to scientific literature.

IDENTIFICATION OF HAZAMDOUS WASTE

GENERATORS

The Act -does not define a hazardouswaste "generator;" however, §1004(6)defines ' hazardous waste generation"as "-the act or process of producinghazardous waste.' EPA has used thislanguage to define a hazardous wastegenerator as a *,person or -Federal

Agency whose act or process produceshazardous waste." Examples of gener-ators of hazardous waste are somemanufacturers included In SIC codes20-39, laboratories, and aerial andcommercial pesticide applicators.

Although the term "produces haz-ardous waste" implies that only manu-facturers are Included in the definitionof generator, it Is important to pointout that a person who accumulateshazardous waste is considered a gener-ator because the process of accumula-tion results in a hazardous waste dis-posal problem. For example, a labora-tory that accumulates a waste desig-nated as hazardous under Subpart Aof these proposed rules would be sub-ject ,to the requirements In this Sub-part.

The Agency has proposed that per-sons who produce and dispose of lessthan 100 kilograms -approxlmately220 pounds) of hazardous waste in anyone month are exempted from the re-quirements of this Subpart If theycomply with the provisions of §250.29.The 100 kilogram per month level fordefining generators was developed 2s aresult of an effort to exclude from thisSubpart persons whose generation ofsmall amounts of hazardous wastedoes not -pose a substantial threat tohuman health or the environment.Based on surveys of Industrial wasteproduction in five States ,(New Jersey,Texas, Illinois, Tennessee, Maryland)and data presented In the Draft Envi-ronmental Impact Statement for Sub-titie C. It is estimated that the cut-offpoint of 100 kilograms per month forhazardous waste generation will allowontrol of 99.5 to 99.9 percent of po-

tentially hazardous industrial wastewhile at the same time excluding up to60 percent of the generators In themanufacturing Industry (SIC 20-39).

Persons who dispose of less than 100kilograms must comply with the provi-sions of Section 250.29. These provl-sions require that any hazardouswaste generated, no matter how smallthe quantity, be disposed of either in(1) -a Solid waste facility which hasbeen permitted or otherwise certifiedby the State as meeting the criteriapursuant to Section 4004 of RCRA; or(2) a treatment, storage, or disposal fa-cility permitted by the Administratorpursuant to the requirements of Sub-part E or permitted by an authorizedState program pursuant to Subpart F.Compliance with these provisions willassure protection of human healthand the environment from the dispos-al of all hazardous waste.

The Agency has also proposed thatretailers and farmers generating anyamount of hazardous waste beexempted from the requirements ofthis Subpart If they comply with theprovisions of Section 250.29. Exceptedfrom this are gasoline stations and

companies that accumulate more than100 kilograms per month of waste oiLRetailers rarely generate hazardouswaste in excess of 100 kilograms permonth. In the event that a retailer hasa need to dispose of more than 100kilograms of hazardos waste in agiven month, this disposal must be incompliance with A 250.29(a). Farmersare exempted because the Federal In-secticide, Fungicide, and RodenticideAct can be -used -to control the disposalof excess pesticides and pesticide con-tainers. Pesticides and pesticide con-tainers are likely to be the only haz-ardous wastes generated by farmers,and disposal will be required in accord-ance with § 250.29o(b).

Gasoline stations and other compa-mles that accumulate and dispose ofmore than 100 kilograms per month ofwaste oil -will be subject to the require-ments of this Subpart. Waste oil pre-sents a special environmental problembecause it Is ubiquitous and because its a potential carrIer for other hazard-ous waste and substances. For exam-ple, It is sometimes mixed with trans-former oil containing PCB s. Regula-tion of waste oil under this Subpartwill tend to direct such oil to permit-ted treatment or recovery facilitiesthat will promote resource conseria-tion, a major goal of the Act.

The Agency does mot anticipate thatthe requirements of this regulationwill impose an undue burden on accu-,mulators of waste oil because trans-porters and disposers have expressed awillingness to perform the generator'sresponsibilities under this section for areasonable fee. Generators who ar-range with transporters or disposers toperform their recordkeeping and re-porting requirements will be relievedof most of the risk of non-compliance.Section 250.28 of this regulation pro-vides that where a transporter regulat-ed by Subpart C or a disposer regulat-ed by Subparts D and E of this Partcontracts with the generator to per-form the zenerator's duties, the tr-porter or disposer will become inde-pendently liable under the Actfor fail-ure to perform. Although the gener-ator cannot completely transfer his I-ability under the Act for a failure toperform, EPA enforcement actionswill focus on the delinquent transport-er or disposer rather than a generatorwho has entered into an assumption of-duties contracL

Congress did not intend household-ers to be considered generators, nordid it intend that the type of wastesubstances normally used in house-holds be included In the Subtitle Cregulatory program. (S. Rep. No. 94-.988. .94th Cong. 2nd sess. at 16.) Thus,households and simna establishmentssuch as apartment houses, condomin-iums, and hotels are not included inthe Subtitle Cprogram.

.FEDERAL REGISTER, VOL 43, NO. 243-MONDAY, DECEMER 18, 1978

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To determine whether a person'is a gener-ator, that person must first determine if hissolid waste Is hazardous under Subpart A. Ifa person's waste is hazardous, if it is accu-mulated or produced and disposed of at arate greater than 100 kilograms per month,and if the person is neither a farmer nor aretailer, that person is a generator. A gener-ator must' package or contain, label, andtransport the waste in accordance with theDepartment of Transportation regulationsfor shipments of hazardous materials andwith the EPA standards for transportationof hazardous waste (Subpart C). The gener-ator must also notify EPA that he is a gen-erator pursuant to Subpart G. A generatorwho Stores, treats, or disposes of his hazard-bus waste in a facility which he owns is obli-gated to satisfy -the requirements of Sub-parts D and E of this Part.'NoTr.-The'Agency solicits comments on

the requirements for generators of smallamounts of hazardous waste, and, in partic-ular, on whether the 100 kg/month exemp-tion should be lowered or raised, or whetheralternate requirements for small generators-should be established. The Agency is consid-ering a 1,000 kg/month exemption and willconsider other levels and other means of es-tablishing or conditioning requirements forsmall generators. I

The principal element of this issue ishow to balance the need to- protecthuman health and the environmentfrom the adverse impact of potentialmismanagement of small quantities ofhazardous waste with the need to holdthe administrative and economicburden of management of thesewastes under RCRA within reasonableand practical limits.

On the one hand, both individualand aggregate small quantities of haz-ardous waste can and often are mis-managed and-therefore can be hazard-ous to human health and the environ-rment. Consequently, small quantitiesof hazardous waste must be adequate-ly managed. For this reason, the ex-emption of 100 kg/month specified inthis proposed regulation isnot an out-right exemption but is only availableon the condition that the waste is dis-posed of in an approved disposal faCili-ty under Subtitle D of the Act (typi-cally a local landfill handling munici-pal refuse) or is treated, stored, or dis-posed in an approved Subtitle C facili-ty (but the manifest and other record-keeping and reporting requirements ofthese proposed rules are not required).

'In this way, small quantities of haz-ardous waste will be disposed of in amanner which protects human healthand the environment but does not ne-cessitate meeting the administrativerequirements of these proposed regu-lations which are designed principallyto maintain cognizance over the man-agement of larger quantities of haz-ardous waste. If a different exemption,such as 1,000 kg/month, had been pro-posed, it would have been similarlyconditioned to achieve the necessaryprotection without the administrative

PROPOSED RULES

requirements imposed 'by these pro-posed rules.

On the other side of the issue, theAgency recognizes that managementof mall quantities of hazardous wasteunder these proposed rules (that is,quantities greater than 100 kg/month)does necessitate manifest, Tecordkeep-ing, and reporting requirerijents whichare comparatively costly onha c6st-per-ton basis and which present a new ad-

- ministrative burden on a large numberof generators and transporters. Al-'though there is wide agreement thatthese burdens are appropriate andnecessary for the management of largequantities of hazardous 'waste, there isconsiderable debate whether they arenecessary for the management ofsmall quantities, particularly if othermeans can be used to assue that small.quantities are adequately treated, dis-posed, and otherwise handled. In addi-tion, it should be recognized that EPAand/or State regulatory managementof small -quantities of hazardous wastewill require resources. Given that EPAand State resources for managing andenforcing the hazardous waste pro-gram will be limited, EPA finds goodreason to minimize the'administrativerequirements on small quahtities inorder to apply its limited resources tothe management and enforcement ofrequirements on larger quantities.

In recognition of the foregoing .con-siderations, the Agency intends to con-sider a' wide range of alternativemeans of regulating small quantitiesof hazardous waste and invites com-ments on all of the following methodsand any other methods:

1. The conditioned exemption ofquantities of hazardous waste up to100 kg/month, as proposed.

2. The conditioned exemption of adifferent quantity of hazardous waste,up to'1,000 kg/month.

3. The' conditioned exemption of dif-ferent quantities of, hazardous wastedepending on the degree of hazard ofthe waste (for example, the exemptionof quantities of' less than 100 kg/month for highly'hazardous waste andquantities less than 1,000 kg/monthfor all other hazardous waste).

4. The unconditioned Federal ex-emption of small quantities of hazard-ous waste (e.g., quantities less than100 kg/month) where a State under-takes the regulation of these exempt-ed wastes as part of its approved haz-ardous waste program under Section3006 of the Act'or under its approvedState plan and regulatory programunder Subtitle D of the Act.

5. Applying lesser administrative re-,quirements (e.g., applying manifest re-'quirements but not recordkeeping andreporting reqbirements) and/or lessertechnical treatment, storage, and dis-posal requirements on small quantitiesof hazardous waste, without exempt-

ing or conditionally exempting suchwaste from Subtitle C management,

6. Phasing regulatory coverage ofsmall quantities (e.g., an inital condi-tioned exemption, of quantities at ahigh cutoff level, and the impositionof a lower exemption limit in two or,three years).

Alternative 2 is a variation of thatbeing proposed. Alternative 3 Is an-,other variation which requires theclassification of hazardous waste bydegree of hazard. The Agency has con-sidered such classification but hasfound that It lacks sufficient data asof the date of this proposal to distin-guish among the degrees of hazard ofvarious waste on the basis of its poten-tial to cause health or environmentalharm, since the .type of hazard poten-tial varies as the waste moves throughthe storage; transport, and treatment/disposal phases of the waste manage-ment cycle. Alternative 4 rests on theproposition that the States are capa-ble of designing and implementing reg-ulatory programs for small quantitiesof hazardous waste that can be tai-lored to achieve the most efficient andeffective management of such wastebecause the States are closer to theproblem and can develop managementsolutions that EPA cannot develop innationwide rulemaking. Alternative 5reduces the administrative and possi-bly the technical requirements formanaging small quantities of hazard.ous waste on the presumption that thestrict control over management is lesscritical because of the smaller quanti-ties being handled. There are severalvariations of this alternative includingthe scope of the requirements Imposedand the quantities covered (less than100 kg/month, less than 1,000 kg/month, etc.), Finally, Alternative 6recognizes the difficulty that EPA andthe States will have In being able tofully implement and enforce require-ments on generators of small quanti.ties of hazardous waste during the ini-tial several years of Implementationbecause priority attention will begiven to regulating generators oflarger quantities. Given this reality,phasing of coverage may be Justified.

EPA has limited data on the num-bers of generators of small quantitiesof hazardous waste, the amount andtypes of such wastes generated, , thecurrent management of these wastes,and their actual and potential impactson human health and the environ-ment. Consequently, the Agency, isfinding It difficult to resolve this issueof how best to regulate small quanti-ties of hazardous waste. Clearly, theproposed conditional exemption of 100kg/month is a conservative (but notthe most conservative) approach de-signed to guarantee adequate manage-ment of small quantities of hazardouswaste. If this approach is to be

FEDERAL REGISTER, VOL -43, NO. 243-MONDAY, DECEMBER 18, 1978



- PROPOSED RUL

changed, the Agency will need -addi-tional data to support that change inorder to ensure necessary protectionof human health and the environ-ment. Accordingly, the public is invit-ed to supply whatever factual informa-tion and quantihed -data it might haveon the nature and scope of adequatelymanaging small quantities of hazard-ous -waste.

The Agency wishes to emphasizethat it recognizes that the regulationof generators -of hazardous waste hasimprotant economic implications forsome industries. Preliminary economicsnalysis based on a 100 kg/monthcutoff level indicate the potential forlarge economic impacts on up to 15product segments -of certain industrycategories. These impacts include thepossibility of plant -closures in some 'ofthese segments. Details are -discussedin the Draft Economic Impact Analy--sis for Subtitle C. It is not clearwhether raising the cutoff level to1000 kg/month would -lleviate theseimpacts.

It is also not clear to what extentRCRA allows economic impact to betaken into accout, -since the Act issilent -on this point. Thus, the Agencyis faced with the problem -of how todeal with these potential impacts withlittle -detailed economic data and with--out rlear Congressional guidance.

The Agency considered proposing atemporary exemption from these regu-lations of industry segments whereSubtitle C economic impacts are ex-pected to be most severe. However,this approach appears questionable onlegal and equity grounds. The Agencyintends to conduct more detailed eco-nomic studies of highly impacted n-dustry segments in the next severalmonths to develop more data. Also.the Agency intends -t explore alterna-tives to deal with this problem, includ-ing phased implementation, and mayprovide some relief from compliancewith all Subtitle C requirements tohighly impacted- industry segments inthe final rulemaking. The Agency so-licits comment with discussion of al-ternatives and supporting data rele-vant to this issue.

-GENERATOR COMPJANCE W TH SUBP RTS

BAND E OF.PART 250

As a general rule, generators of haz-ardous waste must assure that theirwastes are treated, stored, or disposedof only at 'a fa. ility which has a permitissued 35irsuant to Subpart E. A gener-ator may not send his hazardous wasteto a facility in the United Stateswhich does not have a 3permit issuedpursuant to this Part, except for famli-ties which have interim status pursu-ant to Section 3005(e) of the Act.

'Generators who , store hazardouswaste -on-site prior to shipment for lessthan 90 days in DOT specification con-

tainers need not comply with SubpartD (Standards for Owners and Opera-tors of Hazardous Wasti Treatment,Storage, and Disposal Facilities). Nel-ther does such storage require apermit pursuant to Subpart.E. Howev-'er, on-site storage of hazardous wastefor less than 90 days, other than inDOT specification containers, must bedone in permanent storage tankswhich meet the Subpart D require-ments. The term "on-slt" means onthe same or geographically contiguousproperty where hazardous waste gen-eration occurs, two or more pieces -ofproperty which are geographicallycontiguous and -are divided only by-public or private right(s)-of-way areconsidered a single site.

Noz-Comment Is requested on any enrl-ronmental or human health risk which mayexist by exempting on-site t~mporary waste.storage In DOT specification containersfrom the requirements of Subparts D and .

-GENERATOR C01PLIAICE WIT MOTALkZARDOUS 1UX2MLUS SHIPPIfG

REGULATIONS

According to a recent interpretationby the Department of Transportation(DOT). Materials TransportationBureau Office of Hazardous MaterlalsOperations, any materal. includingwaste, which meets the DOT criteriaof *haadous material must be han-died according to DOT xegulations.

The Office of Hazardous Materialsnewsletter of April/May 1977 states:.

There have been numberous Inquiries tothe Office of Hazardous Materials Oper-ations regarding the applicability of the De-parnment's Hazardous Materials Regula-tions to the transportation of waste na.erl-als. DOTs regulations are structured toapply to any material that may pose an'undue hazard In transportation and, assuch, do not differentiate between waste-and other than waste material. If. afterprocessing, a material (waste) meets the-definition of hazardous materal. It must beclassed and shipped In =cordance with theprescribed requirements. Many materials.including those considered 'waste materials,may have more than one hazard, whileother materials may lose their hazardouscharacteristics due to proessing. A aixtureof materials, both waste and other thanwaste, must be properly evaluated to deter-mine its characterstics, since after process-Ing, a mixture niy become more orless haz-ardous than It was prior to processing. TheDepartment's Hazardous Materials Regula-tions may apply to any material regardlessof Its end use. The fact thatmaterial is con-sidered a waste xnaterial does not relieve ap-plication of these (DOT) regulaUons.

DOT's current Hazardous MaterialsTransportation Regulations 'applyonly to generators who use transport-ers engaged In Interstate or foreigncommerce. Some Intrastate shipmentsare regulated by States that haveadopted the Federal regulations orhave similar regulations. In the abovecases, the shipper s usually responsl-

ble for proper description of the haz-ardous material, proper labeling, pack-aging, and placarding.

DOT regulations applicable to gener-ators of hazardous materials are foundin the Code of Federal RegulationsTitle 49. Parts 171 (General Informa-tion, Regulations and Definitions); 172(Hazardous Materials Table and Haz-ardous Materials -CommunicationsRegulations); 173 (Shipping ContainerSpecifications); and 179 (Specificationsfor Tank Cars).

EPA's proposed Section 250.30, Sub-part -C (Standards Applicable to Trans-porters of Hazardous Waste) requiresthat when a material is both a hazard-ous waste as defined by EPA and ahazardous material as defined byDOT. the provisions of the U.S. DOTHazardous Materials Regulations must-be compiled -- Ith for intrastate as wellas Interstate transportation.

Norz.-For those hazardous wastes notcurrently subject to the DOT HazardousMaterials Regulations Xprimarily toxic ma-'terals), EPA recognizes DOT's primarYmandate for the developenit of standardsconcerning the safety aspects of loading. un-loading, communication of hazard, packag-Ing, and handling of materials in transporta-'ion. Since EPA anticipates that DOT will'redefine hazardous materials to include allhazardous waste. DOT should develop suchsafety standards. To the 'extent that prob-lems are Identified by EPA and DOT regard-Ing additional safety measures for thesenewly covered wastes, the two agencies willdevelop appropriate revisions to the cur-rently anticipated rulem-kngs Commentsare requested concerning additional safetymeasures that may be needed forhazardouswaste.

Compliance with EPA's hazardouswaste regulations (which include -byreference parts of DOT's HazardousMaterials Transportation Regulations)by no means-exempts the generatorfrom compliance with the require-ments of other Federal. Statk, or localregulations.

The standards set forth under Sub-parts B -and C are consistent withstandards developed under the Haz--ardous Materials Transportation Act(49 CFR 100-189). After lengthy nego-tiations between EPA and DOT, DOThas expressed a strong interest inbroadening Its Hazardous MaterialsRegulations to include most or 'al ofEPA's proposed hazardous waste regu-lations. Depending on DOT's actions,EPA may Jointly promulgate regula-tions with DOT, modify regulationspreviously proposed, or adopt forth-coming DOT regulations. EPA andDOT intend to jointly enforce anyDOT regulations governing transpor-tation of hazardous waste.

sPEC c STANDARDS

The following standards outline therequirements which must be undertak-en by the generator, his agent, or his

:FEDERAL REGISTER, 'VOL -43, NO. 243--MONOAY, OECEMBER 18, 1978

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58972

private contractor to be-in compliancewith Subpart B of the .Act: 'Manifest,Reporting, Recordkeeping, Identifica-tion Codes, Containers, Labeling Prac-tices, Confidential 'Information -andPresumption, and Waste Oil Assump-tion of Duties Contract.,

THE MANIST

The manifest Is i trackirigdocumentdesigned to record the movement ofhazardous waste from the generator'spremises to an'authorized off-sitetreatment, storage, or disposal facility(see Figure 1 of the Subpart B regula-tions). On~slte waste management doeshot require -a 'manifest, but does re-quire a permit issued under.Subpart E.The generator designates on the mani-fest the address of one or more per-mitted facilities where the waste is tobe delivered and signs it.-The trans-porter's signature on-the manifest in-dicates that he has received the haz-ardous waste and will comply with thegenerator's instructions. When thewaste arrives at the permitted wastemanagement- facility, the, facilityowner/operator must sign the mani-fest and send the original to the gener-ator. If the generator does not receivea copy of the manifest (or, deliverydocument certifying -receipt) from thepermitted facility within 30 days, he isobligated to report this fact to EPA.More6ver, the generator must main-tain a copy of both the initial andfinal manifest or delivery documentfor designated periods of time.

To complete the manifest, the gener-ator must supply information in ac-cordance with § 250.22. Any authorizedperson (e.g., transporter -disposer);may fill out the manifest on behalf ofthe generator, but" the generator mustsign it.

Much of the Information required byDOT on a hazardous material ship-ping.paper is also required by EPA onthe manifest. - ,'"

Both agencies' require specific infor-mation to appear on the document ina certain order, but allow the shipper(generator, transporter, etc.) to pre-pare the document and add any addi-tional Information- as. necessary., Amanifest per se need not- accompany.the shipment of hazardous -waste if in-formation required by- § 250.22 accom-panies the shipment in another form,e.g., on a bill of lading or hazardousmaterial shipping paper. Similarly, asingle manifest may be usdd for multi-ple shipments on the same day of haz*ardous waste: from a single generatorby the -same transporter to the samefacility as long'as the shipping descrip-tion and *hazard class -for each ship-ment .is identical,, thequantity pershipment is stated on the manifest,and an accounting of each shipment isdocumented on the manifest.

PROPOSED RULES

-The .following information whichmust be included on the DOT shippingpaper (see 49 CFR 172.200) is, also re-quired on the manifest: the shippingdescription of the waste; the hazardclass of the w4ste; the total quantityof each waste; the volume oroweight ofthe waste, or type of container thewaste was shipped in; and the ship-per's certification.. Shipping Descriptiom Section-250.22(h)(5) prescribes the procedurefor determining the name of the haz-ardous waste which will appear on themanifest under the column entitled."Shipping Description," If the waste isregulated by the DOT, the generatormust first review the DOT list ofproper- shipping names for hazardousmaterials found. in 49 CFR 172. TheDOT proper shipping name that mostappropriately describes the hazardouswaste must be usedon the manifest. Ifthe DOT proper shipping name i notapplicable, or if the DOT proper ship-ping name contains the words "NOTOTHERWISE SPECIFIED" (NOS),the generator should review the list ofEPA name(s) located in § 250.14 ofSubpart A. If there is no DOT propershipping name (NOS or otherwise)and the EPA name describes the haz-ardous waste, the EPA name mustappear on the manifest.

If the DOT proper shipping name- which- most appropriately 'describes

the hazardous waste is NOS, and thereis an EPA name, then both NOS andthe EPA name should aippear on themanifest in that order. If there isnoEPA -name, then only, NOS shouldappear on the manifest. If the waste isnot regulated by DOT, the EPAproper shipping name must be used onthe manifest. -.Both the DOT proper shipping

names and the EPA names will havecommon codes assigned to them whichwill -be listed in EPA's final promulga-

- tion of Subpart A. These commoncodes need not appear on the mani-fest, but must appear on the quarterlyand annual reports.

Hazard Class. The generator mustnext determine the hazard class asso-ciatedwith the hatardous waste,- e.g.,."corrosive." This procedure is pre-scribed in § 250.22(h)(6). If the waste isregulated by DOT, the generator must.first-determine the DOT hazard classdescribing the hazardous waste, thenplace that DOT hazard class on-themanifest. If no DOT, hazard class de-scribes the hazardous waste, then theEPA, characteristic from, § 250.13 or

%property identified in § 250.14 of Sub-part, A'must appear on the .manifest.However, if the, (only) DOT hazardclass which desdribes the hazardouswaste is "OTHER REGULATED MA-TERIALS" (ORM), then the EPA

- characteristic 6f property must also-appear on the. manifest..-When both a

DOT and an EPA name are used onthe manifest under either "ShippingDescription" or "Hazard Class," theDOT name must precede the EPAname. If waste Is unregulated by DOT,the EPA waste characteristic or prop-erty must appear on the manifest,

The DOT shipping paper formatmay be utilized by a generator as abasis for meeting EPA requirements,If the generator already uses DOTshipping papers, the generator maymodify them for hazardous wasteshipment by adding certain Informa-tion.and the words "and the U.S. Envi-ronmental Protection Agency" afterthe words "Department of Transporta-tion" on the certification statement.Items of information required by EPAbut not DOT include the following: amanifest document number; thenames, addresses, and identificationcodes of the generator, transporter,and treatment, storage, and disposalfacility operator; the signatures of all-parties (except for transfer between

" transporters using rail, water, or othermodes of transportation); special han-dling Information; comments; andemergency information.

The manifest document number is aserially Increasing number which thegenerator assigns to the manifest forthe purposes of recordkeeping, Thisdocument number, in addition to theidentification code given to generators,transporters, and treatment, storage,and disposal facilities (TSDF), will aidEPA in Identifying specific incompletehazardous' waste shipments, ie., thosewhich do'not arrive at the TSDV des-ignated on the manifest.

The names, addresses, and signa.tures 'of the generator, , transporter,and treatment, storage, and 'disposalfacility operator on the manifest will

o verify the routing of the hazardouswaste. The TSDF operator will returnthe original of the manifest or deliv.ery document to the generator to con-firm that all waste shipped is actuallyreceived. The generator may designateseveral transporters and TSDF's,which will each handle a part of thewaste, or handle the waste sequential-ly, I.e., from a transfer station to aTSDF. These several transporters andTSDF's may be listed sequentially orin order of priority. If the waste issent to a transfer station, a new mani,fest Is not required so long as thewaste's hazard characteristic identi-fied by the generator pursuant to'Sub-part A does not change. Otherwlse,the owner of the transfer station ,will

.be considered a generator and will berequired to fill out a new manifest andproperly relabel and contain thewaste. In the case of internationalshipments, the foreign TSDF Is notsubject to permitting pursuant to Sub.-part E and, therefore, will not have anidentification code. In this case, the




generator, when completing the mani-fest, is required to give the name andaddress of the foreignTSDF.

An example of special handling in-formiation to be included on the mani-fest would be instructions to keep acontainer away from contact withother containers. An -example of acomment would be a warning that thecontainers are only partially filled orthat a copy of an earlier manifest hasnot been returned by the TSDF opera-tor verifying receipt of a hazardouswaste shipment.

Emergency information is intendedto inform persons on the scene of aspill what action to take beforetrained personnel arrive, e.g., whetherthe spill should be diluted with wateror contained. A 24-hour emergencynumber may be specified in lieu ofemergency information. In addition,the generator must list the 'toll freenumber of the National ResponseCenter of the U.S. Coast Guard (800-424-8802) on the manifest preceded bythe words "In the'event ofa spill con-tact the National Response Center,U.S. Coast guard."

NoTM-It is EPA'S intent that the hazard-ous waste manifest format described in Sec-tion 250.22 will be used for all hazardouswaste shipments throughout the country toensure national consistency. States maydemand more information, but not less thanrequired by EPA/DOT.-It has been suggest-ed that in States authorized .pursuant toSubpart F, inconsistent additions to themanifest format might be-required. Howev-er. DOT has the aithority under Section112 of the Hazardous Materials Transporta:tion Act to preempt any such additional re-quirements that are inconsistent with -DOTrequirements. Therefore;EPA contemplatesassuring through the State authorizationprocess-that state -manifest formats and re-lated transportation standards are not in-consistent.with DOT standards. Commentson this approach or other alternatives aresolicited.

REPORTING

The information on the manifestwill be the basis for the generator's re-ports either to a State agency- author--ized pursuant to -Subpart F (Guide-lines for Authorized State HazardousWaste Programs) or to an EPA Re-gional Office. In the EPA-adminis-tered program, the manifest itselfstays in commercial channels. If theState in which the generator is locatedhas an EPA-approved hazardous wasteprogram, reports and/or manifests willbe sent to that State im. accordancewith State regulations. In Stateswhere EPA- is implementing the pro-gram, the EPA Regional Office will re-ceive the reports. EPA will list author-ized State agencies in the FmERALRESTcsam

In the case of international ship-ments to a foreign disposer, the gener-ator must send quarterly reports tothe EPA Regional Office or author-

PROPOSED RULES

ized State agency having regulatoryjurisdiction over him and retain a copyof the manifest, which was sent withthe shipments to the foreign TSDF,for a period of three years. Since theforeign disposal facility does not haveto report, the Agency feels It neces-sary to require a more frequent (quar-terly) report from the generator (asopposed to the annual report requiredfor domestic shipments) to facilitatetracking.

NoT-EPA Is considering a requirementthat generators who ship hazardous wasteto foreign TSDFIs must notify both EPAand the foreign Government having Juris-diction over the receiving facility beforesuch shipments are made. Comment is soilc-ited on this point.

For domestic shipments of hazard-,ous waste, the generator must file re-ports annually no later than 30 daysafter September 30, the closing date ofthe reporting year. The report will befiled on a standard EPA form ISeeFigure 2 of the Subpart B regulations)containing the information required in§ 250.23.

When a generator falls to receive asigned original of a manifest from adesignated domestic or foreign dispos-al facility, the shipment may havebeen lost in transport or illegally dis-posed or mismanaged. Instances of un.returned manifests must be described

•in quarterly "exception" reports sub-mitted to an authorized State agencypursuant to Subpart F, or to the ap-propriate EPA Regional Office. Allquarterly reports must be filed nolater than 30 days after the closingdate of the reporting quarter; thoseclosing dates are the last day ofMarch, June, September, and Decem-ber. The report will be filed on astandard EPA form as specified inFigure 2 of Subpart B.'The reporting scheme of quarterly

exceptions reports was chosen becauseit minimizes the reporting require-ment on the generator while providingEPA and States with a sufficientamount of information to track viola-tions 'of the manifest system. Theburden of monitoring the movementof hazardous waste Is on the gener-ator. He must screen all manifests re-ceived from facilities to ensure thewaste was properly delivered to theappropriate facility. It Is to the gener-ator's advantage to report any incom-plete or inappropriate transporter orreceiver activities so that he may pro-tect himself from undue liability forimproper management of the waste.

No-.-In the development of the mani-fest system and associated reporting re-quirements proposed In these regulations,the Agency has considered several options.is pursuing analyses of some of them. andmay well choose to promulgate different re-quirements at final rulemaking. Optionsunder consideration include:

58973

(1) Requiring quarterly, rather thanannual, reports on each manifested ship-nient of hazardous waste.

(2) Requiring that a copy of each manifestbe sent to the Regional Administrator on aquarterly basis.

(3) Requiring that whenever a generatorhas reason to believe that a hazardous wasteshipment has been spilled or delivered to afacility not permitted to receive the waste inthe shipment the generator must immedi-ately report this informatl6n to the Region-al Administrator. This report would includea copy of the manifest and all informationwhich the generator has concerning thetransport and disposition of the shipment,including but not limited to the parties in-volved and the generator's source of infor-mation.

(4) Requiring that a generator who hasnot received the original manifest from thefacility designated on the manifest within35 days after the date of shipment, or whodetermines that the returned manifest is in-consistent with the oTiginal manifest, must:

(a) Take all actions necessary to deter-mine the cause of non-receipt or incons*-tencyr

(b) Assure that all steps are being taken tolocate and receive the manifest and toassure that the waste Is properly disposedof.

(c) If he has been unable to accomplishhis requirements under (a) and (b) above,within 30 days the generator must prepareand submit a report to the Regional Admin-istrator. This report must be submittedwithin 65 days after the date of shipment.and must contain the information requiredin §250.23(c) except (2). In addition, thisreport must include: -

1. The name, address and Identificationcode of the designated facility,

2. The actions which have been or will betaken by the generator to determine thereason the original manifest was not re-turned: -

3. -The results of the generator's investiga-tion. including any and all information in-volving the shipment and cause of non-re-celpt: and

4. The Identity of all parties who may beresponsible for the non-recelpt of the mani-fest.

Comment with supporting data,where possible, is solicited on the pro-posed regulations, the options de-scribed above, and any alternativeschemes which enhance the enforcea-bility of theses regulations.

Generators who store, treat, or dis-pose of hazardous waste on-site mustspecify this fact, on their report bywriting the word "on-site" under thecolumn titled "Treatment, Storage, orDisposal Facility I.D. Code-- Gener-ators who store, treat, or dispose ofhazardous waste off-site mu-t writethe Identification code of the TSDFreceiving the shipment of hazardouswaste in that column- When the ship-ment of hazardous waste Is designatedto a TSDF outside the United States,the generator need only supply thename and address of the facility.

- The following additional informa-tion is required on the report: the gen-erator's Identification code, name, andaddress; the closing date for that re-




58974

porting year or quarter; the shippingdescription (name and common code)of the.,waste; the hazard class of thewaste; the total quantity of eachwaste; the volume or weight of thewaste, and the generator's signature.

Section 250.22(h)(5) describes how-the generator who treats, -stores, ordisposes of hazardous waste on-site isto determine the name of the hazard-ous waste which will appear on thereport under "Shipping Description."The same sequence described earlierin,this preamble to determine the "Ship-ping, Description" for a manifest ap-plies to this report (see Shipping De-,scription in the preamble section enti-tled The Manifest); , '

The generator vho treats; stores, 6idisposes of hazardous waste on-sitemust next determine the hazard classassociated with- the hazardous waste asdescribed under § 250.22(h)(6). Thesame sequence described earlier in thispreamble for determining hazard classon the manifest 'applies here (seeHazard Class in the preamble sectionentitled The Manifest).

A generator who treats,, stores, ordisposes of hazardous waste off-site ata permitted facility that the generatordoes not own must transfer selected-information described by § 250.23(b)from the manifest and submit this in-formation on his report. The reportsfiled by the generator and the TSDFwill,be matched by EPA or an author--ized State to ensure that all hazardous:waste shipped was received at its des-ignated destination.

A generator who treats, stores; anddisposes 'off-site at a TSDF that thegenerator owns is not required to file agenerator report; however, he musthave a DOT shipping paper, and mustfile the report required of owners andoperators of treatment, storage, anddisposal facilities pursuant to SubpartD.

In all cases, the shipping description(name) of the hazardous. waste mustbe followed by its common code on thereport. This common code will be pub-lished with the hazardous waste list inSubpart A.

RECORDKEEPING

If a generator ships 'a hazardous.waste off-site to a TSDF which is nothis own, a signed copy of the complet-ed manifest (as required in § 250.22)for each shipment must be kept as -arecord. This record must, be retainedby the generator for a period of threeyears from the date of shipment.

Generators who -treat,* store, or dis-pose of their waste at their o -n treat-ment, storage, or disposal ficflities arerequired to-keep records as facility op-erators under Subpart D, rather than,as generators. ' , I "

PROPOSED RULES

IDENTIFICATION CODES

Section 250.24 of these regulationsrequires that every generator of haz-ardous waste furnish information toEPA or an authorized State about, itshazardous waste generation activity.Upon submission -of this information,the generator will be issued an identi-fication code. The identification codewill, in most cases, be identical to ex-isting codes-assigned to generators byother Federal or State agencies. Theidentification code should not be con-strued as a seal of approval by EPA orthe issuance of a license or permit.

CONTAINERS

Generators who treat, store, or 'dis-pose of hazardous waste off-site mustplace their hazardous, waste in a con-tainer that meets- DOT requirements.(See 49 CFR 1.73, 178, and ,179) forshipment. or place it in a permanentstorage tank (meeting requirements of§ 250.44-1, of Subpart D) until ship-ment. Generators who store hazardous-waste for less than 90 days prior totreatment,-or disposal on-sit6 are notrequired to comply with the DOT con-tainer standards. If a generator storesa hazardouswaste for greater than 90days, he must comply with the stand-ards pursuant to Subparts D and E forhazardous waste facilities.

NoTE.--Presently, thereare no contingen-cy spill plans required for generators whostore hazardous waste less than 90 days.The Agency will develop further regulationson this subject if public comment and sup-porting data indicate that these proposed.reguiatibns are inadequate to ensure protec-tion of human health and theenvironment.Such comment and information are solicitedby this notice.

LABELING PRACTICES

Generators who ship hazardouswaste off-site must label and placardthe shipment-in accordance with, DOTrequirements under 49 CFR 172.

The generator must mark each pack-age in accordance with DOT require-ments under 49 CPR .172.300. Whenmarking'a package, the generatormust follow the same naming proce-dure described earlier in the section onthe Manifest under Shipping Descrip-tion. In addition, the generator mustmark each-package with his identification code and the manifest documentnumber for that shipment and thewords "CONTROLLED WASTE-Fed-eral Law Prohibits Improper Dispos-alV' as prescribedin Section 250.26(c).

Generators who store hazardouswaste for, on-site treatment, storage, ordisposal-are not required to complywith EPA's marking and labelingstandards. However, generators aresubject to any applicable Federal Oc-cupational Safety and Health Admin-istration regulations or State agencyregulations regarding labeling, pla-

carding, and marking in the work-place.

NoTE.-The Agency will develop furtherregulations on this subject If public con,ment and supporting data indicate thatthese proposed regulations are inadequateto ensure protection of human health andthe environment. Such cornment and infor-mation are solicited by this notice.

CONFIDENTIAL INFORMATION

Section 250.27 allows the generatorto request that certain infbrmationabout his waste Included on the mani-,fest or reports to EPA be treated asproprietary by writing "CONFIDEN-TIAL" or a similar designation next tothe Sensitive items. If the informationis requested by members of the public,the Administrator of EPA will isste aruling on whether the information isconfidential under the Freedom of In-formation Act. See 5 U.S.C. Section552(b)(4). This procedure is describedin more detail In 40 CFR Part 2.

GENERATORS OF WASTE OIL

Special problems have resulted fromthe indiscriminate disposal of wasteoil. In an effort to lessen the regula-tory burden on the large number ofgenerators of waste oil as well as topromote resource recovery, these regu-lations provide for a procedure where-by any transporter regulated underSubpart C or treater, storer, or dispos-er regulated under Subpart D mayassume a generator's responsibility forall obligations imposed by this regula-tion (except the duty to apply for agenerator Identification code under§ 250.24).

Section 250.28 of the regulationsoutlines the requirements for a con-tractual agreement which must beformed between the generator and thetransporter or treater/storer/disposerassuming the generator's responsibil-ities. Once that contract is in place, atransporte or treater/storer/disposerbecomes liable to properly performthe applicable duties therein. Al-though the generator cannot com-pletely transfer his own liability underthe Act for a failure to perform, EPAenforcement actions will focus on thedelinquent transporter or treater/storer/disposer rather than the generator if the proper contractual agree-ment is in force.

There is, of course, nothing to pre-vent a generator from contractingwith any agent or independent con-tractor who is not a generator, trans-porter or treater/storer/disposer -toperform the duties recluired under thisregulation. However, since EPAhas nodirect regulatory authority over suchpersons, it could not bring an enforce-ment action against them. If such aperson fails to perform his responsibil-ities, EPA would be obligated to en-force against the generator. The gen-




PROPOSED RULES

erator's remedy would be limited to abreach of contract action against hisagent or independent contractor.

NoT.-Comment is specifically requestedon this regulatory approach and possible al-ternatives for regulatory coverage.

STATE PROGRAMS

These regulations describe the re-quirements to be met by generatorswhere implementation of the Act ismanaged by EPA. Where States havebeen authorized by EPA, they will becarrying out implementation programsof their own in lieu of the program de-scribed in this section. Such State pro-grams must be no less stringent thanthe program described in these regula-tions and must be judged to provide anequivalent degree -of control over haz-ardous waste. However, the manner inwhich States achieve this control mayvary considerably from the Federalprogram. Requirements for authoriza-tion of State programs are described inSubpart F.

ENFORCEMENT POLICY

The objective of the Agency's haz-ardous waste management program isto insure that hazardous wastes areidentified and competently controlledfrom the point of generation, throughtransportation, to ultimate dispositionat a permitted treatment, storage, ordisposal facility. The most importantaspect of this control program is theidentification and inclusion of hazard-ous wastes in the control system.

Much of the initial responsibility ofthis control program falls on theshoulders of the generator. The gener-ator must identify his waste as hazard-ous,.and insure that his waste is placedin the hazardous waste managementsystem, either by handling the wasteon-site in a permitted facility or byshipping it off-site to be handled at apermitted facility. In additidn, it is thegenerator's responsibility to bring tothe attention of the Agency any ship-ments of waste for which he has notreceived a confirmation of delivery.

Because of this regulatory emphasis,EPA will focus a significant amount ofits compliance monitoring and en-forcement effort on the generator.Failure to comply with any of theserequirements will cause the violator tobe prosecuted to the full extent of thelaw. Section 3008 of RCRA providesfor criminal penalties and civil fines ofup to $25,000 per day per violation,'and EPA intends to seek maximumpenalties for such violations.

One exception to this overall strat-egy concerns waste oil generators. Awaste oil generator who contracts outhis 'Subpart B responsibilities to atransporter or a permitted hazardouswaste management facility will notlikely be an enforcement priority. The

compliance monitoring effort will, inthis case, be on the contractor.

BACKGROUND DOCUMENT

A background document is being de-veloped in support of these proposedrules. This document is in the draftstage, and is subject to change as newdata and information are ieceived.Copies of the draft will be availablefor review in the EPA Regional Officelibraries and in the EPA library read-ing room, Room 2404, Waterside Mall.401 M Street, S.W., Washington. D.C.

ECONOMIC, ENVIRONMENTAL, ANDREGULATORY IMPACTS

In accordance with Executive Order11821, as amended by Executive Order11949, and OMB Circular A-107, EPApolicy as stipulated in 39 FR 37419,October 21, 1974, and Executive Order12044, respectively, analyses of theeconomic, environmental, and regula-tory impacts are being performed forthe entirety of Subtitle C, HazardousWaste Management. Drafts of theseanalyses have been completed and willbe available for review by January 8,1979, in the EPA Regional Office IU-brarles and the EPA library readingroom, Room 2404, Waterside Mall, 401M Street, S.W., Washington, D.C.Final versions of these documents willbe issued at the time of promulgation.

Dated: December 11, 1978.DOUGLAS COSTLE,

Administrator.It is proposed to amend Title 40,

CFR. Part 250 by adding a new Sub-part B consisting of Section 250.20-250.29 as follows:

Subpart B--Standards Applicable to Generators ofHazardous Waste

,Sec.250.20 Purpose. scope, and applicability.250.21 Definitions.250.22 Manifest.250.23 Reporting.250.24 Identification codes.250.25 Containers.250.26 Labeling practices.250.27 Confidential information and pre-

sumption.250.28 Waste oil assumption of duties con-

tract.250.29 Persons who dispose of less than 100

kilograms per month of hazardouswaste: retalers and farmers.

Figure 1-Sample Manifest FormatFigure 2-Sample Generator Report FormAum'onrmy Secs. 2002(a). 3002. 3003. and

3004. Pub. L. 94-580. 90 Stat. 2804. 2806.2807 (42 U.S.C. 6912, 6922. 6923, 6924)

Subpart B-Standards Applicable toGenerators of Hazardous Waste

§ 250.20 Purpose, scope, and applicability.(a) The purpose of these regulations

s to establish standards for the man-

agement of hazardous waste by gener-ators.

(b) In order to receive EPA approvalunder Subpart F (State Program Re-quirements), States must demonstratethat their programs cover at least thesame universe of generators and con-tain standards that are equivalent indegree of control to, and are at least asstringert as, the standards containedin this Subpart. However, even whereState programs are approved, EPA re-tains independent authority to enforcethe standards in this Subpart pursu-ant to Section 300&of the Act.

(c) Any person or Federal Agencywho generates a solid waste must de-termine, pursuant to Subpart A, if thewaste is hazardous. If it is and if thatperson meets the definition of a gener-ator contained In § 250.21(b)(9) herein,he must comply with this regulationto the degree and in the manner speci-fied below.

NoTE--Faflure to properly designate awaste as a hazardous waste. if the waste is ahazardous waste as Identified or listed inSubpart A of this Part, constitutes a viola-tion of the Act and may subject the personor Federal Agency to the compliance re-quirements and penalties prescribed in Sec-tion 3008 of the Act.

(1) Generators must send hazardouswaste to a treatment, storage, or dis-posal facility permitted by the Admin-istrator pursuant to the requirementsof Subpart E and shall comply withthe requirements of this Subpart asfollows:

(1) If the generator sends the haz-ardous waste to an off-site treatment,storage or disposal facility which thegenerator does not own or the gener-ator owns but which is not located inthe State where generation of the haz-ardous waste occurred, the generatorshall comply with all requirements ofthis Subpart except §§ 250.23 (d), (e),f), (g), and (h) and 250.28.(i) If the generator sends the haz-

ardous waste to an off-site facilitywithin the United States which thegenerator owns and which is located inthe same State where generation ofthe hazardous waste occurred, thegenerator shall comply with the re-quirements of § 250.43-5 of Subpart Dof this Part and all requirements ofthis Subpart, except §§ 250.23 and250.28.

(111) If the generator sends the haz-ardous waste to an on-site treatment,storage or disposal facility, the gener-ator shall comply with all require-ments of this Subpart except §§ 250.22,250.23 (a), (b), (c), (f), (g), (h), 250.25,250.26. and 250.28.

0v) If the generator sends the haz-ardous waste to an off-site treatment,storage, or disposal facility outside ofthe United States, the generator shallcomply with all requirements of this


58975



58976

Subpart except J§ 250.23 (d),'(e), (f),(g), (h) and 250.28.

NoTE.-If the ienerator sends the hazard-ous waste to an on-sie treatment, storage,or disposal facility or an off-site treatment,storage, or disposal -facility within theUnited States which the generator owns,the generator Is'also ar operator of a treat-ment, storage, or disposal facility and shallcomply with the requirements of Subpart Dof this Part and shall obtain a permit fromthe Administrator for the operation of thefacility pursuant to the. requirements ofSubpart E of this Part or shall comply with,State requirements where the State has.Ju-risdlction pui-s7bant to Subpart -F of thisPart. •

(2) Every generator .must- complywith Subpart D and Subpart E of thisPart If the waste remains on-site for90 days or longer.

(3) Any generator who ships hiswaste to a treatment, storage or ds-posal facilit' outside- the jurisdictionof the United States must inform theforeign government having jurisdic-tion over the designated facility.,

(4) Any person or Federal Agencywho generates only household refuseor household septic tank pumpings isnot reqouired to comply with the re-quirements of thisSubpart.

(5) Retailers, farmers and, persons orFederal Agencies who produce and dis-pose of less than 100 kilograms permonth of hazardous waste are special-ly regulated under § 250.29 of this reg-ulation. In addition, special reportingrequirements apply 'under § 250.23 topersons who assume a generator's re-sponsibilities uiiaer .this Subpart forwaste oil.

§ 250.21 Definitions.(a) When used in .this Subpart, the

following terms- have the meaningsgiven in the Act:

(1) "Administrator"--Section" 1004(1)(2) "Disposal"-Section 1004(3)(3) "Federal Agency"-Section

1004(4),(4) ' "Hazardous. waste -manage-

ment"-Section 1004(7)(5) "Person"-Section 1004(15)(6)-"Sludge"-Section 1004(26A)(7) "Solid waste"-Section 1004(27)(8) "Solid, waste managiement"-Sec-

tion 1004(28)(9). "Solid waste management facili-

ty"-Section 1004(29)(10) "State"-Section 1004(31)(11) "Storage"-Section 1004(33)(12) "Treatment"-Section 1004(34)(b) Other terms used in this Subpart-

have the following meanings:' -(1) "Act" means the Solid Waste Dis-,

posal Act, as amended by the 'Resource.Conservation' and Recovery -Act of-

1976, Public Law 94-580.(2) "Closing date!' meansl the date

which marks the end of a' reportingquarter or reporting year.

(3) "Common code" means the.unique code assigned.by the:Chemical

PROPOSED RULES

Abstract Services to each EPA hazard-ous waste and to each DOT hazardous,waste material listed in § 250.14 of'Subpart A.

(4) "Delivery document" means ashipping paper, bill of lading, waybill,dangerous cargo manifest, or othershipping document, used in lieu of theo riginal manifest, to fulfill the record-keeping requirement of § 250.33 ofSubpart C.,, (5) "EPA", means) the U.S. Environ-

mental Protection Agency. ,-(6) 'EPA Region" means the Statesand territories found in any one of thefollowing ten regions:

Region I-Maine, Veimont,'New Hampshire,Massachusetts, Connecticut,, and RhodeIsland,

Region II-New York, New Jersey, CoM-monwvealth of ,Puerto Rico, and the U.S.,Virgin Islands.

Region III-Pennsylvania, Delaware, Mary-land, West Virginia, Virginia, and the' Dis-trlct.of Columbia.

Region IV-Kentucky, Tennessee, NorthCarolina,- Mississippi, Alabama, Georgia,

*South Caiolnak:and Morida.Region V-Minne'sota, Wisconsin. Illinois;

Michigan, Indiana, and Ohio.Region VI-New Mexico, Oklahoma, Arkan-• sas, Louisiana and Texas.Region VII-Nebraska, Kansas, Missouri,

and Iowa.Region .VIl -Montana, Wyoming; North

'Dakota, South Dakota, Utah, and Colora-do.' -. "

Region IX-California, Nevada, Arizona,Hawaii, Guam, American Samoa, Com-monwealth of the Nrorthern Mariana Is-lands.

Regidn X-Washington, Oregon, Idaho, andAlaska.(7) "Farm" means a piece of land on

which crops pr animals are raised. ,(8) "Farmer" means a peson whose

principal business is operating a farm.(9) "Generator" means any person

or Federal Agency 'whose act or proc-ess produces hazardous waste identi-fied or listed under Subpart A; pro-vided, however,-that certain producersmay or may not be generators depend-ing on whether they meet the criteriaspecified in § 250.29 of this Subpart.

(10) "Hazardous waste" has themeaning given in Section 1004(5) ofthe Act as further defined and identi-fied in Su'bpart A.

(11) "Household refuse" means trash'or rubbish ordinarily produced by afamily at their holile.

(12) "Identification code" means theunique code assigned bv EPA to eachgenerator, 'transporter, an treatment,storage, or disposal facility, pursuantto regulations published in § 250.24herein and Subpart G.

(13) "Internatiohal shipment" meansthe transportation of hazardous wastebetween a generator located in theUnited 'States land a treatment, stor-age, or disposal facility located outsidethe jurisdiction of the United States.

(14) "Interregional shipment" meansthe transportation of hazardous wastebetween EPA regions.

(15), "Intraregional shipment" meansthe transportation of hazardous wastewithin an EPA Region.

(16) "Manifest" has the meaninggiven in Section 1004(12) of the Act asfurther defined and specified in§ 250.22 herein.(117) "Manifest document number"means the serially Increasing numberassigned to the manifest or delivery-document by the generator for record-keeping and reporting purposes.

(18) "On-site" means on the same orgeographically contiguous property,Two or more pieces of property whichare geographically contiguous and aredivided by public or private rlght(s)-of-way are considered a single site.

(19) "Package" or "outside package"means a packaging plus Its contents.

(20) "Packaging" means the assem-bly of one or more containers and anyother components necessary to assurecompliance with the minimum packag.ing requirements under 49 'CFR 173,178, and 179 and includes containers(other than freight containers or over-packs), portable tanks, cargo tanks,tank cars and multi-unit tank 'cartanks.

(21) "Permitted hazardous wastemanagement facility" or "permittedfacility" means a hazardous wastetreatment, storage, or disposal facilitythat has received an EPA permit in ac-cordance with the requirments Of Sub-part E of this Part or a permit from aState agency authorized in accordancewith Subpart F of this Part.

(22) "Regional Administrator"means one of the Regional Adminis-trators of the United States Environ-mental Protection Agency or his desig-nee.

(23) "Reporting quarter" means thethree (3) month time period coveredby each quarterly report; the repdrt-ing quarters end on the last day ofMarch, June, September, and Decem-ber.

(24) "Reporting year" means the'twelve inonth time period covered byeach annual report; the reporting yearends on the last day of September.

(25) "Retailer" means a person en-gaged solely in the business, of sellingdirectly to the consumer.

(26) "Spill" means any unplannedrelease or discharge of a, hazardouswaste onto or'Into the air, land, orwater.

(27) "Storage tank" means any man-ufactured nonportable covered deviceused for containing but not treatinghazardous Waste.

(28) "Triple rinsed" refers to con-tainers which have been flushed threetimes, each time using a volume of di-luent at least equal to ten percent ofthe containers capacity.

FEDERAL REGISTER, VOL. 43, NO. 243-MONDAY, DECEMBER 18, 1978,



(29) "United States" means the 50States, District of Columbia, the Com-monwealth of -Puerto Rico, the US.Virgin Islands, Guam, AmericanSamoa, and the Commonwealth of theNorthern Mariana Islands.

§250.22 Manifest.(a) Any generator who meets the 'crl-

teria of § 250.20(c), (D. (i). (ii), or (iv)shall prepare a manifest before ship-ping the hazardous waste. -

(b) The manifest shall consist of atleast an original and three copies andshall be signed by both -the generator-and the transporter.

(c) The generator shall retain atleast one copy of the manifest andshall give the transporter at least theoriginal and two copies of the mani-fest. Within one week of an interna-tional shipment of hazardous waste,the generator shall send a copy of themanifest to the appropriate regulatoryagency of the foreign country havingjurisdiction over the designated facili-ty.(d) The generator shall maintain on

-file a copy of each manifest retainedin accordance with § 250.2(c) aboveuntil the original manifest or deliverydocument is received from the treat-ment, storage or disposal facility oruntil three years after the date ofshipment of the hazardous waste.whichever occurs first.(e) The generator shall retain the

original copies of the manifests or de-livery documents that he receivesfrom the operators of the treatment,storage, or disposal facilities to whichthe hazardous waste is shipped. Theseoriginal copies shall be maintained onfile until three years after the date ofshipment of the hazardous waste.

Nor--The original manifest or deliverydocument will be signed by an authorizedagent of the treatment, storage, or idisposal

- facility and returned to the zenierator pur-suant to a requirement in § 250.43-5 of Sub-part D of this Part.

(f) A single manifest may-be used formultiple shipments of hazardouswaste during any one day providedthat;

(1) All requirements of this Sectipn'are -met;

(2) The shipments are from thesame generator, transported 'by thesame transporter, and designated tothe same permitted facilty during anyone day,

(3 ) The waste has the same shippingdescription and hazard class;

(4) The quantity of waste of each in-dividual shipment is specified; and

(5) Each individual shipment andquantity is acknowledged by the ini-tials- of an authorized 'representativeof the generator and the transporter.

(g) The generator shall make alloriginals and copies of manifests anddelivery documents maintained on file.

PROPOSED RULES

pursuant to I 250.22(d) and (e), accessi-ble to and available for Inspection byany official or employee authorized bythe Administrator. I

(h) The manifest shall contain thefollowing information (see Figure 1 forthe sample manifest format):

(1) A manifest document number;(2) The generator's (or generators')

identification code(s), name(s),address(es), and the date of shipment:

(3) The Identification code(s).name(s), and address(es). of thetransporter(s);

(4) The identification code(s).name(s), and address(es), of the per-mitted facllity(les). For internationalshipments of hazardous waste, onlythe name and address of the foreigntreatment, storage, dr disposal facilityis required on the manifest:

(5) The name and common code ofthe hazardous waste (under thecolumn "SHIPPING , DESCRIP-TION"). In naming a hazardous waste,a generator shall:

(i) Use.the Department of Transpor-tation (DOT) proper shipping name(identified In 49 CER 172);

(ii) If the DOT proper shippingname is "NOT OTHERWISE SPECI-PIED"' (NOS). the EPA name (lindenti-fied in § 250.14. of Subpart A) shallalso- be used after the DOT propershipping name NOS;

(ii) If no EPA name exists, then.only the DOT proper shipping nameNOS shall be used on the manifest.

(6) The hazard class of each waste.In naming the hazard class, a gener-ator shall:

(i) Use the DOT hazard class (identi-fied in 49 CFR 172);

(ii) If the DOT hazard class Is"OTHER REGULATED MATERI-ALS" (ORM). the EPA characteristicor property (indentifled In §250.13 or250.14 of Subpart A of this Part) shallalso be used after the DOT hazardclass (ORM);

(7) The quantity of each hazardouswaste: by units of volume or weight inpounds (P). tons (T). gallons (G). orcubic yards (CY);

(8) Directions as to what immediate-action should be taken regarding aspill or a 24-hour telephone number ornumbers fhere information on how tohandle a spill can be obtained:

(9) The statement "in the event of a'spill contact the National ResponseCenter. U.S. Coast Guard. 800-424-.8802 for emergency assistance;"

(10) When available, special han-4ling instructions;

(lfl When appropriate, additionalcomments; and

(12) The following certification:•"This is to certify that the above-named materials are properly classi-fied, described, packaged, marked, andlabeled and are in proper condition fortransportation according to the appli-

58977

cable regulations of the Departmentof Transportation and the US. Envi-ronmental Protection Agency." TheInformation on the manifest or deliv-ery document shall be certified byhaving an authorized representative ofthe generator sign and date it.

§ 250.23 Reporting.(a) Any generator who meets the cri-

teria of § 250.20(c)(1) (i) or(iv) shal: -(1) Prepare, after the closing date of

each reporting quarter, a quarterlyreport of shipment of all hazardouswaste to treatment, storage, or dispos-al facilities which originated duringthe reporting quarter but for whichthe original manifest or-delivery docu-ment from the treatment, storage, ordisposal facility has not been receivedpursuant to § 250.43-5 of Subpart D ofthis Part. The quarterly report, shallalso list all international shipments ofhazardous waste made during the pre-ceding quarter.

(2) Prepare. after the closing date ofeach reporting year. an annual reportof shipments of all hazardous wasteoriginated during the reporting yearto treatment, storage, or disposal facil-ities:

Nor.-The quarterly reports are excep-tion reports listing shipments of hazardouswaste for whichrecelpt by the treatment,storage, or disposal facility has not been do-cumented by return of the original manlfestor 'dellvery document from the facility.However. in any one quarter a genratorwith no outstanding manifests or delherydocuments of hazardous waste and no i ter-national shipments, need not prepare orsubmit a quarterly exceptions report.

(3) Submit, within 30 days after theclosing date of the reporting quarteror year, a single copy of each quarter-ly and/or annual report for the quar-ter or year just ended to the EPA Re-gional Administrator for the Region inwhich the generator is located.

(b) Each annual report required by§250.23(a) shall contain the followingInformation (see Figure 2 for thesample generator report form):

(1) The generator's identificationcode. name. and address;

(2) The closing date of the annualreporting period:

(3) The Identification code of eachpermitted facility to which a hazard-ous waste has been sent: or the nameand address of the foreign treatment.storage, or disposal facility;

(4) The name and common code ofeach hazardous waste appearing onthe manifest or delivery documentunder "SHIPPING DESCRIPTION"which was treated, stored, or disposedof at a permitted facility;.

(5) The total quantity of each haz-ardous waste;

(6) The units of volume or weight ofeach shipment 'quantity: in pounds

EDERAl. 2E-GISTEM VOL 43, 'NO. 243-MONDAY, DECEMBE 18, 1978



PROPOSED RULES

(P), tons,(T), gallons (G), or cubicyards (CY);

(7) A list of transport ei-s whose serv-ices were used during the annual re-porting period;• (8) When appropriate, additionalcomments; and

(9) The following certification: "Ihave personally examined and am fa-miliar with theinformation submittedin this certification, and I hereby cer-tify under penalty of law that this in-formation,'is true,, accurate, and- cori-plete. I am aware that there are sig-nificant penalties for submitting falseinformation, including the possibilityof fine and imprisonment." The infor-mation on the report shall ,be certifiedby .'having an authorized representa-tive of the generator sign and date it.

(c) Each quarterly report for excep-tions and international shipments re-quired by § 250.23(a) shall contain thefollowing information (see Figure 2 forthe sample generator report form):

(1) The generator's identificationcode, name, and address;

(2) The closing date of the quarterlyreporting period;

(3) Under the column titled"TREATMENT, STORAGE, OR DIS-POSAL FACILITY I.D. CODE" shallbe:

(i) The letters "NR" for hazardouswaste shipments where the originalmanifest or delivery document has not/been returned to the, generator.fol-lowed by the identification code of thefacility, or;(if), The letter "I" if the shipment

was international, followed by thename and address of the foreign treat-fhent, storage, or disposal facility towhich the hazardous waste has beensent.

(4) The manifest document number,followed by the date of shipment tothe treatment, storage, or disposal-fa-cility;

.(5) The name and common code ofeach hazardous waste appearing onthe manifest under "SHIPPING DE-SCRIPTION,'-

(6) The total'qtuantity of each haz-ardous waste;

(7) The units of volume or weight of,each quantity; in pounds (P), tons (T),gallons (G), or cubic yards (CY); arid

(8) Under "COVVMMENTS", a shortdescription of efforts-made by the gen-•erator to trace the whereabouts of themissing hazardous waste and/or mani-fest. (Not applicable to internationalshipments.)

(9) The following certification: "Ihave personally examined and am fa-miliar with the information submittedin this certification, and I hereby cer-tify under penalty of law that this in-formation is true, accurate, and com-plete. I am aware that there are sig-nificant penalties for submitting falseinformation including the possibility

of fine and imprisonment." The infor-mation on the repbrt shall be certified'by having an authorized representa;tive of the generator sign and date it.

(d) Any generator of a hazardouswaste' Who meets the criteria of§ 250.20(c)(1)(iii) shall:

(1) Prepare, after the close of eachreporting year, ari annual report of all.hazardous waste generated and treat-ed, stored, or disposed on-site duringthe reporting year;

(2),Submit, within 30 days after theclosing date of the reporting year, asingle copy of the annual report forthe .year just ended to the EPA Re-gional Administrator for the Region in,which the generator is located.

(e) Each annual report required by§ 250.23(d) above shall contain the fol-lowing information (See Figure 2 forthe sample generator report form):

(1) The generator's, identificationcode, name, "and address;

(2) The closing date of the annualreporting period;

(3) The word "on-site" under thecolumn titled "TREATMENT, STOR-AGE, OR DISPOSAL FACILITY I.D.CODE;"

(4) The name and common code ofeach hazardous waste handled on-site(under "SHIPPING' DESCRIP-TION"), as described in § 250.22(h)(5)of this Subpart; ,

(5) The hazard class of each waste,as described in .§ 250.22(h)(6) of thisSubpart;(6) The total. quantity of each type

of hazardous waste generated;(7) The units of volume or weight of

each quantity, as described in§ 250.22(h)(7) of this Subpart;

(8) Under "COMMENTS," themethod of treatment, storage, or dis-posal for each waste, and

(9) The -following certification: "Ihave personally examined and am fa-miliar with the information submittedin this certification, and I hereby cer-tify under penalty of law that this in-formation is true, accurate, and com-plete. -I- am aware that there are sig-nificant penalties for submitting falseinformation, including the possibilityof fine and imprisonment." The.infor-mation on the report shall be certified*by having an authorized -elpresenta-tive of the generator sign and date it.

(f) Any transporter regulated underSubpart C of this Part or any owner oroperator of a treatment, storage, ordisposal facility regulated under Sub-parts D and E of this Part who as-sumes a generator's duties with re-spect to waste oil pursuant to § 250.28shall:

(1) Prepare, after the closing date ofeach reporting quarter, a quarterlyreport based on the information desig-nated on the manifest or delivery doc-ument for shipments of waste oil sentduring the reporting quarter to a

treatment, storage, or disposal facilitybut for which the original manifests ordelivery documents have not been re-ceived; the quarterly report also mustlist all international shipments ofwaste oil. No quarterly report Is re-quired for intraregional or interre-gional shipments of waste oil if allwaste shipments are received by thetreatment, storage, or disposal facility.Receipt of a shipment is defined bythe return of the original of the mani-fest or delivery document to theperson who assumes the generator'sduties, signed by an authorized agentof the treatment, storage, or disposalfacility. •

(2) Prepare, after the closing date ofeach reporting year, an annual reportfor intraregional or interregional ship.ments of waste oil based on the infor-mation designated on, the manifests ordelivery documents which were datedfor shipment during the reportingyear;

(3) Submit, within 30 days after theclosing date of the reporting quarteror year, a single copy of each quarter-ly and/or annual report for the quar-ter or year just ended to the EPA Re-gional Administrator with regulatoryauthority over the person who as-sumes the generator's duties.

(g) Any transporter regulated underSubpart C of this Part or any owner oroperator of 6 treatment, storage, ordisposal facility regulated under Sub-parts D and E of this Part who as-sumes the generator's duties underthis Subpart for waste oil shall desig-nate in the annual report (See Figure

'2 for the sample generator reportform):

(1) The transporter's or the owner'sor operator's identification code,name, and address in lieu of the gener-ator's;

(2) The closing date of the annualreporting period;

(3) The identification code of eachhazardous waste treatment, storage, ordisposal facility to which waste oil hasbeer sent; I

(4) The identification code of eachgenerator whose duty was assumedduring the reporting year under thecolumn titled "MANIFEST' DOCU-MENT NUMBER;"

(5) The name "waste oil" andcommon code under the column titled"SHIPPED DESCRIPTION;"

(6) The total quantity of waste oilreceived from the generator and treat-ed, stored, or disposed of at a permit-ted facility;

(7) The units of volume or weight ofthe total quantity in pounds (P), tons(T), gallons (G), or cubic yards (CY);

(8) When appropriate, additionalcomments; and

(9) The following certification: "Ihave personally examined and am fa-miliar with the information submitted


58978



PROPOSED RULES

in this certification, and I hereby cer-tify under penalty of law that this in-formation is true, accurate, and com-plete. I am aware that there are sig-nificant penalties for submitting falseinformation, including the possibilityof fine and iMprisonmentf" The infor-mation oi -the report -shall be-certifiedby having an authorized representa-tive-sign and date-it.

(h) Any transporter or any owner oroperator -of -a permitted facility whoassumes the generator's duties forwaste oil must designate in the Quajr-terly report for waste oil shipment(s)not received by a treatment, storage,or disposal facility, or for internation-al shipment(s) of -aste oil (See Figure2 for the sample generator reportform):

(1) The transporter's or the owner'sor operator's permitted facility Identi-fication code (if applicable), name, andaddress in lieu of the generator's;

(2) The closing date of the quarterlyreporting period;

(3) The letters "NR" for waste -oilshipments for which the original ofthe manifest signed by the designatedfacility has not been received followedby the identification code of that per-mitted facility, or the letter "I" if theshipment was international followedby the name and address -of the treat-ment, storage, or disposal facility towhich the waste oil has been sent;

(4) The manifest document number,followed by the date of shipment tothe treatment, storage, or disposal fa-cility;

(5) The name "waste oil" andcommon -code under the column titled"SHIPPING DESCRIPTION;"

(6) The total quantity of waste oilshipped;

(7) The units of volume or weight ofthe total quantity in pounds tP), tons(T), gallons (G), or cubic yards (CY);

(8) When- appropriate, additionalcomments; and

(9) The- following -certification: "Ihave personally examined and am fa-miliar with the information submittedin this certification, and I hereby cer-tify under penalty of law that this in-formation is true, accurate, and com-plete. I am aware that there are sig-hificant penalties for submitting falseinformation, including the possibilityof fine and imprisonment." The infor-mation on the report shall be certified

. by having an authorized representa-tive sign and date it.§ 250.24 Identification codes.

Every generator shall apply to EPAfor an identrification code in accord-ance with the procedures under§§ 250.822 and 250.823 in Subpart G ofthis Tart before commencing hazard-ous waste generation activites.§ 250.25 Containers.

(a) Every generator shall place thehazardous waste to be shipped:

(1) In packages In accordance withthe Department of Transportationregulations on -packaging under 49CFR 173, 178, and 179. If no specificpackaging is required, the generatorshall place the hazardous waste in a*ackage in accordance with the De-partment of Transportation regula-tions on standard requirements for allpackages in 49 CFR 173.24 (a), (b), and(c) (2)-(9);-or

X2) In a permanent storage tank thatcomplies with the requirements of

250.44-1 of Subpart D of this Part.

§ 250.26 Labeling practices.La) Every generator shall label and

placard each shipment of hazardouswaste in accordance with the Depart-ment of Transportation regulations onhazardous materials, 49 CFR 172.

(b) Every generator shall label andmark each package of hazardous vastein accordance with the Department ofTransportation regulations on labelingand marking, 40 CPR 172. and§ 250.22(h)(5) of this Subpart.(c) Every generator shall mark each

package of hazardous waste using thefollowing words*

"CONTROLLED WASTE"--Federal LawProhibits Improper DisposaL-Generator LD. -CodeManifest Document Number

The generator's identification codeand the manifest document number(s)shall appear in the space following thewords "Generator I.D. Code" and"Manifest Document Number," respec-tively. The marldng shall use the samecolor(s), approximate dimenslon(s).and material(s) used to make markingsrequired by § 250.26(b) of this Subpart

§ 250.27 Confidential information and pre-sumption.

(a) All information provided In con-nection with the manifest and report-ing sections established by this Sub-part shall be available to any personto the extent and in the manner au-thorized by Section 3007(b) of the Act,-the Freedom of information. Act(FOIA) -5 U.S.C. Sectlon -552), and theEPA Regulations adopted In -compil--nce with the FOIA (40 ER Part 2).(b) In all civil enforcement proceed-

ings brought under the Act where ithas been established that a persongenerates'hazardous-waste, as IdenU-fied or listed in Subpart A of this Part,there shall be a xebuttable presump-tion that the person's act or processproduced and disposed more than 100kilograms of hazardous waste duringthe time period specified in the en-forcement proceeding.

§250.28 Waste mil assumpton of dulecontract.

(a) If a generator of waste oil entersInto an Assumption of Duties 'Contract

58979

with a transporter governed by Sub-part C of this Part or a treater, storer,or disposer governed by Subparts Dand E of this Part, the transporter (ortreater, storer, or disposer) shallbecome Independently liable for per-formance of the duties assumed byhim under this Subpart.

(b) Each generator entering intosuch a contract must keep a. signedcopy of It as a permanent recordduring the time the contract is ineffect and for a period of one year fol-lowing its termination.

-c) The Assumption of Duties Con-tract must state in writing that in ex-change for valuable consideration thetransporter (or treater, storer, or dis-poser) will perform all or part of theduties contained In this Subpart. Ifless than all of theduties are assumed,the contract must specify which dutiesare not assumed.

(d) The Contract must be signed byauthorized representatives of the par-ties.§ 250.29 Persons who dispose of less than

100 kilograms per month of hazardouswaste;, retailers; and farmers.

(a) Any person who produces anddisposes of no more than 100 kilo-grams (approximately 220 pounds) ofhazardous waste in any one monthperiod, or any retailer disposing ofhazardous waste (other than wasteoil), Is not a generator provided thatthe hazardous waste:

(1.Is disposed of in anon-site or off-site solid waste disposal facility in aState with an approved State planunder Subtitle D of the Solid WasteDisposal Act, as amended, which facili-ty has been permitted or otherwisecertified by the State as meeting thecriteria adopted pursuant to Section4004 of the Act; or (2) Is shipped toand treated, stored, or disposed of in afacility permitted by the Administra-tor pursuant to the requirements ofSubpart E of this Part or permitted byan authorized State program pursuantto Subpart Fof this Part.

(b) A farmer disposing of hazardouswaste is not a generator provided he

(1) Disposes of all waste pesticide inaccordance with instructions an thepesticide label or, In the absence oflabel instructions, disposes of the pes-ticide in accordance with proceduresand criteria specified in 40 CER Parts165 and 257, and

(2) Triple rinses each pesticide con-tainer after it has been emptied anduses the rinsate as make-up water inthe tank mix or, at an application rateconsistent with pesticide labeling, oncrop lands; provided, however. thatthe pesticide must be xegistered forthe particular crops and such applica-tion must be consistent with the crite-via established In 40 CF Part 257;and:

(3) Disposes of all other hazardouswastes in accordance with § 250.29(a)(1) or (2) above.




PROPOSED RULES

rigure 1. " , , o , "MANIFEST DOCUMENT NUMDE R

IDENTIFICATION ""

"" IDATE IIPPEOI.0. CODE NAME ADDRESS 'on N ct IVto

GENER ATOR )-

TRANSPORTER

TSDF (TREATMENT. STOR-AGEIOR DISPOSAL FACILITY)

- WASTE INFORMATIONt

SHIPPANG DESCRIPTION NAZARb CLASS O CUANTITY UNIT

EMERGENCY INFORMATION

IMMEDIATE RESPONSE INFORMATION E IFRAO PHONE NUMBER

SPECI.AL HANDLING INSTRUCTIONS

COMMENTS

CERTIFICATION

This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled,and are in proper condition for transportation according to the applicable regulations of the Department of Trans-

portation and the U.S. Environmental Protection Agency.

GENERATOR SIGNATURE DATE

This is to certify acceptance of the hazardous waste shipment.

TRANSPORTER SIGNATURE DATE

This is to certify acceptance, of the hazardous waste for treatment, storage, or disposal

TS=F SIGNATURE DATE


58980

[6560-01-C]



PROPOSED RULES 58981Figure 2

HAZARDOUS WASTE GENERATOR REPORT

AI AM IDENTIFICATION

GCNCRATOR IDENTI ICATION CODE

ADDRESS

CLOSING DATE

- WASTE INFORMATION

TREATMENT. STORAGE OR0ISPOAL FACILITY I1.. CODE MANIFEST DOCUMENT NUMB! SHIPPING DESCRIPTION

COMMENTS

CERTIFICATION

I haxe persona'ly eained and am familiar uith the infornution subiritted in tis cert-if ication, and I hereby certify under penalty of lav. that this irfor.atior is trxt.,accurate, and conplete. I am avare that tcre are significant penalties for sublittingfalse information, including the possibility of fie and inprisonrent."

SIGNATURE DATE


Cl.- RTIFICATION



58982-

[6560-01-M]

(40 CFR PART 250 SUBPART D)

SECTION 3004--STA1NDARDS APPLICABLE TOOWNERS AND OPERATORS OF HAZARDOUSWASTE TREATMTENT, SToRAGE, AND DIS-POSAL FACILITIES

Section 3004 of RCRA requires theAdministrator to promulgate such per-formance standards for owners andoperators of hazardbus waste treat-ment, storage, and disposal facilities-(hereinafter sometime -referred to asfacilities or facility) as may be neces-sary to protect human health, and theenvironment. These standards mustinclude requirements for site locationand design, operating methods, contin-gency plans, continuity of--operation,:personnel training, financial responsi-bility, recordkeeping, reporting, moni-toring, inspection, and compliancewith the Subpart B' -nianifest- systemand the Subpart E permit system.

Section 3004 standards not only es-tablish thd -levels of environmentalprotection that hazardous waste treat-ment, storage, ahd disposal facilitiesmust achieve, they also are the crite-ria against which EPA officials willmeasure applications for permits.Facilities which handle waste identi-fied or listed as hazardous under Su-part A niust comply with these stand-ards. Facilities on a generator's prop-erty as well as those not on his proper-ty (hereinafter referred. to as off-sitefacilities) are covered by these regula-tions and do require permits (underSubpart E), but generators and trans-porters who do not'own or operatefacilities for the treatment, storage, Ordisposal of hazardous waste do notneed permits under RCRA.......... ..

These facility standards are key pro-visions in the cradle-to-grave systemmandated by ThCRA for handling andtracking hazardous -waste. The- mani-fest system established in Subpart B

-regulations comes to a close whenmanifested hazardous waste is re-ceived by a treaitment, storage, or dis-posal facility and notice' of receipt issent to the generator.

In order to facilitate understandingof these rules, much of this preamblediscusses the Subpart D standards inthe order they appear in the regula-tion. These standards can best be un-derstood when read along with theSubpart A and Subpart B.standardsunder RCRA which also appear intoday's FEDERAL REGISfiR' and wh'enread in conjunction with the other-standards EPA already -has proposedunder RCRA which are cited in theSummary of today's proposed rulesunder 40 CFR Part 250. Many issuesoverlap these regulations.

This preamble summarizes and -ex-plains the reasoning behind many ofthe requirements in this regulationand specifically requests comments on

PROPOSED RULES

many issues. Because a requirement inthe Subpart D regulation is not high-.lighted in the preamble,- however, doesnot mean that comments on the re-quirement are-not solicited. Commentsare invited on all issues raised in the-proposed regulations, this preambleand the. documents referenced in thepreamble. Comments also are solicitedon any issues raised by Section 3004 ofRCRA which may not have been ad-dressed in today's FEDERAL REGISTER.

iGULATORY STRUCTURE

EPA considered three different waysto write standards for hazardous wastetrea'tmeit, storage, and disposal facili-ties. Under one approach, EPA wouldset ambient standards for air and

-,water quality and .for otier relevant-parameters. The Agency would setstandards at levels it believes protecthuman health and the environment. Itis' not' always possible, -however,' to.know why an ambient standard hasbeen exceeded; that is, the source ofthe pollutant is difficult to determineand to remedy. Consequently, thistype of standard is difficult to enforce.Also, it is extremely difficult to gatherthe data necessary to set- safe levelsfor the thousands of substances thatmight be found in hazardous wasteand to monitor for those substances.

The second type- of' standard theAgency has considered writing wouldprescribe design and operating re-quirements for .hazardous waste man-agement activities. Such standards canbe enforced, but could tend to holdtechnology stagnant.- The third type of standard would di-rectly regulate the release of pollut-ants from a given source. althoughnew technology could be encouragedby this approach because an owner oroperator would be free to choose histechnology, such standards would beof limited utility because- a. hazardous.waste management site often dis-charges a variety of pollutants in dif-ferent forms from several points andso would be very-difficult to regulateas'a single, given source. As with ambi-ent standards, EPA also would havegreat difficulty gathering the data todetermine the amount of each pollut-ant that could safely be released intothe environment and it also would bedifficult and expensive to monitor foreach po.llutant. EPA decided to com-bine the strengths of all three types ofstandards in the Subpart D rules, al-though' the Agency is relying primar-

-ily on the -second type-design and op-erating standards.

DESIGN AND OPERATING STANDARDS

The. design and. operating standardsare divided into four overlapping cate-gories: (1) General 'facility standardsapplicable to all hazardous wastetreatment, storage, and disposal facili-ties (with'a few readily apparent ex-

ceptions); (2) standards for storage ap-plicable to all facilities which storewaste identified as hazardous pursu-

-ant to Subpart A (with the exceptionof facilities where generators properlystore waste on-site for 90 days or lessbefore shipment to an off-site treat-

-- ment, storage,, or disposal facility): (3)standards for treatment and disposalfacilities categorized by method of.treatment or disposal employed: and(4) standards for special waste applida.ble to waste the Agency has Identifiedas requiring special handling becauseit is produced in very large quantities,it presents a relatively low level ofhazard and it may be unsuitable to bemanaged-by Subpart D control tech-niques.

The Agency intends that permitwriters Incorporate all those designand operating standards of Subpart Dwhich are applicable to a given site Ineach permit they Issue. For example,incineration standards will not be in-serted in the permit of a facility which

-nly disposes of waste by landfilling,nor will the same monitoring require.ments be incorporated In each permit,EPA also intends that State adoptionof equivalent or more stringent designand operating standards will be a re-quirement for EPA approval of a Statehazardous waste program under Sub-part F. Thus, in most cases, States alsowill Incorporate such standards as con-ditions in the permits or licenses theyissue.

Most of the design and operatingstandards prescribe very specific re-quirements with which facilities mustcomply. The Agency has, however, re-ceived comments on the drafts ofthese regulations that the design andoperating : standards do not allowenough flexibility to cope with the dif-ferent design and operating problemsfacilities face which vary with facilitylocation and the type or types of wastehandled. Recognizing that these veryspecific Subpart D standards mightdiscourage the development of newtechnologies or that different designand operating requirements might benecessary for a particular facilitywhich is disposing of only one type ofwaste or waste ,from onl one wastestream, EPA has Inserted "Notes"after certain of the design and operat-ing standards. Each Note describes thecircumstances in which the RegionalAdministrator may allow deviationfrom the specific Subpart D standardto which the Note applies. Generallythe Notes authorize the Regional Ad-ministrator to allow deviation from aspecific requirement when the appli-cant for a permit demonstrates thatan alternate requirement or an exist-,ing natural condition at. the site willachieve at least an equivalent degreeof containment, destruction, or envi-ronmental protection as, the Subpart




PROPOSED RULES

D design or operating requirement. So,for example, § 250.43-2 (Security) re-quires that a facility have a 6 footfence completely surrounding it whichis capable of preventing the unknow-ing and unauthorized entry of personsand domestic livestock. The Note,however, states that a facility does notneed such a fence if the applicant candemonstrate (at the time the permit isissued) that the facility is surroundedby some other barrier which is capableof accomplishing the same result.

The Note mechanism was chosenover the alternative of more generaldesign and operating standards, andover the alternative of a general vari-,ance procedure, because the Agencybelieves the use of individual Notesbest fulfills the Congressional man-date of establishing such performancestandards as may be necessary to pro-tect human health and the environ-ment. The Agency could have writtenmore general standards and not usedNotes. Going back to the example ofthe 6 foot fence, EPA might just haveestablished a requirement that theactive portion of a facility be sur-rounded by a barrier capable of pre-venting the unknowing and unauthor-ized entry of persons and domesticlivestock. Without further guidance,however, it is very likely that such arequirement would receive widelyvarying interpretations by permit-writ-ers and might well have automaticallynecessitated an applicant's producingevidence to show that his facility metthe standard. Putting the "6 foot"number in the standard, however,both gives a facility owner/operator avery specific requirement he can useto meet the standard and gives boththe permit applicant and the RegionalAdministrator a specific requirement(without the necessity of an additionalguidance manual) against which tojudge an alternate barrier.. The Agency chose to use the Notemechanism rather than a general vari-ance procedure for two reasons. First,when a Note immediately follows adesign and operating standard, theNote can, if necessary, specify exactlythe degree of containment, destruc-tion, or environmental protection anyalternate requirement must achieve.

Second, using th6 procedure of Indi-vidual Notes, the Agency can clearlyestablish that no deviations from cer-tain requirements are allowed In theAgency's judgment those requirementsnot accompanied by Notes must bemet, as written, in order to ensure pro-tection of human health and the envi-ronment. -

Section 3005 of RCRA provides addi-tional flexibility in the permittingsystem; this section states that per-mits may contain schedules for modifi-cation to bring facilities into compli-

"ance with section 3004 standards.

Thus, in addition to the 3-tiered struc-ture of design and operating stand-ards, Notes, and Human Health andEnvironmental Standards (discussedinfra), the permitting process will pro-vide extra leeway, particularly for ex-isting facilities.

The procedures governing permit ap-plications, permit issuance, and use ofthe Notes will be explained In moredetail in EPA's proposed Subpart Erules, which the Agency expects topublish in early 1979. EPA is also plan.ning to publish a RCRA enforcementpolicy at that time which will discusshow the Agency intends to use Its au-thority under Sections 3005(d) and3008 to enforce these standards.

HUMAN HEALTH AD ENVIRONMENTALSTANDARDS

In addition to the design and operat-ing standards, Subpart D containsthree overriding standards calledHuman Health and EnvironmentalStandards; these are designed to pro-vide a fail-safe mechanism for the pro-tection of groundwater, surface water,.and air quality.

Section 1006 of RCRA difects EPAto integrate to the maximum extentpracticable all provisions of RCRAwith appropriate provisions of theother Acts of Congress which giveEPA regulatory authority. One of theways EPA has chosen to integrateRCRA with the Safe Drinking WaterAct (SDWA), the Clean Air Act (CAA),and the Clean Water Act (CWA) Isthrough the use of Human Health andEnvironmental Standards. Each ofthem-the groundwater, surfacewater, and air standard--establishesan overriding standard for treatment,storage, and disposal facilities by in-'corporating relevant limitations estab-lished under those acts.

The mandates in the Clean WaterAct, the Clean Air Act, and the SafeDrinking Water Act are very close toEPA's mandate in RCRA-protectionof human health and the environ-ment. The incorporation of selectedSDWA, CWA, and CAA standards notonly ensures protection of humanhealth and the environment, but alsohelps implement the RCRA Section-1006 directive to EPA to integrate andensure consistency among the Agen-cy's programs.

The Agency believes that this ap-proach of combining overridingHuman Health and EnvironmentalStandards with specific design and op-erating standards (and Notes authoriz-ing deviations therefrom) is the bestway to fulfill the Congressional man-date in Section 3004 (to establish suchperformance standards as may be nec-essary to protect human health andthe environment) and at the sametime allow enough flexibility forpermit writers to tailor the require-

58983

ments in a permit to the particular cir-cumstances of an individual facility.

Virtually every facility which con-forms to the design and bperatingstandards should achieve compliancewith the Human Health and Environ-mental Standards because they are de-signed to ensure that compliance. Thedesign and operating standards are aspecific, certain, easily understood andenforceable set of rules, to the benefitof the regulated community, theStates, and EPA. They are based oncurrent state-of-the-art treatment,storage, and disposal practices and wehave made the standards as specificand have quantified them as much asthe current state-of-the-art allows.

The Agency considered using onlydesign and operating standards, butwe believe that no matter how specificand inclusive these standards are,there will nevertheless be afew unusu-al situations where use of the stand-ards will not achieve the performancethey are intended to achieve. Ratherthan trying to make the design andoperating, standards much more strin-gent to try to cover another smallmarginal group of situations, EPA haschosen to use the override mechanismof the Human Health and Environ-mental Standards. That is, where thepermit writer has reason to believethat the design and operating stand-ards will not achieve compliance withthe Human Health and EnvironmentalStandards, the latter will be used toestablish more stringent design andoperating criteria and the more strin-gent criteria will be incorporated asenforceable conditions of the permit.

Determining permit conditions usingthe Human Health and EnvironmentalStandards, however, involves complexcause-and-effect calculations. Thus,the use of the Human Health and En-vironmental Standards is a less effi-cient way to implement a hazardouswaste management regulatory pro-gram. and It provides less certainty forthe regulated community as to whatconstitutes acceptable design and op-erating practice. Because of those fea-tures of the general Human Healthand Environmental Standards, theAgency has chosen to rely on designand operating standards, (with accom-panying Notes to allow justifiable de-viations) as the principal mechanismfor assuring the proper management'of hazardous waste. Resort to the7Human Health and EnvironmentalStandards should be infrequent, butwill be necessary to ensure protectionof human health and the environmentIn unusual situations.

INTERM STATUS STANDARDS

The requirements to be imposed onprospective permittees who have inter-im status pursuant to Section 3005(e)of RCRA presents'a special problem.




58984

These prospective permittees, who willhave notified EPA of their hazardouswaste activities and will have appliedfor a permit, will be waiting for EPAissuance or denial of a permit. Basedon the time-consuming complexity ofdetermining hazardous waste permitrequirements, the limited staff thatEPA expects to have available to issuepermits, and based on the experiencethat EPA 'has had with the NPDESpermit program under the CleariWater Act, we estimate that complet-ing the issuance of' all permits willtake 'several years. Therefore, manyprospective permittees will have' inter-im status for an extended period oftime. In keeping with' the intent ofCongress that hazardous waste man-agement be regulated by nationalstandards as quickly as possible, EPAbelieves that these prospective permit-tees should comply withselected mini-mal requirements of the Subpart Dstandards during interim status.

The Agency does not believe thatpermit applicants with interim statusshould be expected to meet al of theSubpart D standards because many ofthe specific requirements of the designand operating standards may be inap-propriate for certain facilities and. al-ternate requirements may -be substi-tuted when a permit is issued. So-nepermittees-also may be' allowed a rea-sonable period of time to comply withcertain of the Subpart D standards be-cause Section 3005(c) of RCRA pro-vides that EPA (or a State when it ,isissuing the permit under a programauthorized by EPA pursuant to Sec-tion 3006) may incorporate schedulesfor modifications in the permits itissues. 'Because these <determinationsare meant to be made In the permit is-suance process, where there is full op-portunity for public participation, the-Agency does not believe it is appropri-ate to impose all of the Subpart D re-quirements prior to permit issuance.,On the other hand, EPA believes thatthe prospective permittees shouldbegin to meet certain manifest, record-keeping, monitoring, Snd--other lesstechnical requirements of the SubpartD standards which will definitely beincluded in the permit without modifi-cation and which can help achieveRCRA's goal' of _protection of, human,health and the environment. For thesame reasons, the prospective permit-tee also, insofar as possible, should.meet the financial responsibility re-quirements for facility closure andpost-closure monitoring and mainte-nance; some funds then 'will be availa-'ble even if the facility is closed priorto issuance of a permit or as a conse - 'quence of failure to obtain a:permit.Section 250.40 of- Subpart D delineatesthe selected Subpart D standards thatare applicable during interim status.

PROPOSED RULES

EPA considered making these inter-im status standards part of the permitapplication process under Section3005(b) of RCRA,'i.e., having thepermit application require an owner oroperator to. submit information abouthow. he is implementing the interimstatus standards. EPA would thenreview the application and assess theowner's .or operator's explanationbefore notifying a prospective permit-tee that he has fulfilled the require-ments- for interim status (assumingsome such notification by EPA will beprovided under Subpart E regula-tions). The Agency, however, considersthat requiring this additional Informa-tion would impose too great a burdenon the regulated community and eval-uating the information would imposetoo great a burden on EPA. We believethat the mandate, of-RCRA will betterbe served by having our staff work onissuing and :denying permits ratherthan on making complicated assess-ments relating to interim status. Com-ments are requested on all aspects ofthe Agency's approach to interimstatus standards.-

/APPICABILITY OF STANDARDS TO•INACTIVE FACILITIES

Neither RCRA nor its legislative his-tory discusses whether the Section3004 standards for owners and opera-tors ofhazardous waste treatment,storage, and disposal facilities apply orwere intended to apply to inactivefacilities, I.e., those facilities whichhave ceased receiving, treating, storingand disposing. of wastes prior to the ef-fective date of the Subtitle C regula-tions. This is an important issue, how-ever, because some, and perhaps most,inactive facilities may still be "dispos-ing" of waste within the meaning ofthat term in Section 1004(3) of RCRA."Disposal" includes:-the discharge, dumping, spilling, leakingS*-* of any solid waste or hazardous wasteinto or on any land or water so that suchsolid waste or hazardous waste or any con-stituent thereof may enter the environmentor be emitted Into the air or discharged intoany waters, including ground waters.

Many inactive facilities may well beleaking solid or hazardous waste intogroundwater and thus be "ldisposing";under RCRA.

RCRA is written in the presenttense and its regulatory scheme is or-ganized in a way which seems to con-template coverage only of -those facili-'ties which continue to operate afterthe effective date of the regulations.The Subpart D standards and SubpartE permitting procedures are not di,rected at inactive facilities. Enormoustechnical, legal, and economic prob-lems would arise if these standardswere to be directly applied to inactivefacilities and all such facilities we're re-quired to upgrade. Such an approach

also does not ieem equitable becauseof the enormous difficulty of bringinga closed facility into compliance, andbecause the present owner of land onwhich an inactive site Is located might

'have no connection (other than pre-sent ownership of the land) with theprior disposal activities.

For those reasons, EPA does notplan to apply Subpart D standards toinactive facilities. The Agency believesthat it cah more equitably use Section7003 (Imminent Hazard) of RCRA tobring suit against inactive facilitieswhich pose human health and envi-ronmental problems, although thisremedy also is available only againstthe present owner of the land onwhich an inactive site Is located. Thissection Is designed to prevent any im-minent and substantial endangermentto human health or the environmentfrom the improper handling, treat-ment, transportation, storage, or diS,posal of any solid or hazardous waste.Using Section'7003, EPA can sue theowner of an inactive facility which isdischarging a hazardous waste into theair, land, or water and presenting an"imminent and substantial endanger-ment to health or the environment."Under this procedure, the Agency canseek whatever remedy may be necessary to control the problem.. Comments are requested on this policy re-garding inactive facilities.

APPLICABILITY OF STANDARDS TOEXISTING FACILITIES

EPA recognizes that many existinghazardous waste treatment, storage,and disposal facilities will have diffi-culty complying with some of theseregulations. RCRA requires, however,that all existing facilities be upgradedto the level necessary to providehuman health and environmental pro-tection. Section 3005(c) allows theleeway for such upgrading by provid-ing that permits may specify the timeallowed to modify a facility to bring itinto compliance with Subpart D stand-ards.

One type of solid waste managementfacility, however, may accept hazard-ous waste without meetifig all of theSubpart D standards and without ob-taining a permit. Subpart B regula-tions provide that retailers, farmers,and persons who produce and disposeof no more than 100 kilogramS'of haz-ardous waste per month do' not havetO comply with all of the Subpart Brules. Section 250.29 provides, howev-er, that those people must dispose oftheir hazardous waste in a RCRA-per-mitted hazardous waste facility or in asolid waste disposal facility in a Statewith an approved State plan underSubtitle D of RCRA, which facilityhas been permitted or otherwise corti-fled. by the State as meeting the cr-tieria adopted' pursuant to Section

FEDERA REGISTER, VOL.43, NO. 243-MONDAY, DECEMBER 18, 1978-



PROPOSED RULES

4004 of RCRA (hereinafter called a"Subtitle D" facility).

EPA does not intend to require Sub-title D facilities-which accept hazardous waste only from retainers, farm-ers, and from persons who produceand dispose of less--than 100 kg amonth, to obtain permits or to complywitlr all Subpart D standards. TheAgency believes that the Section 4004criteria will provide a level of protec-tion of human health and the environ-ment sufficient to allow smallamounts of hazardous waste to be dis-posed of in such a facility along withthe large amounts of solid waste. Evenunder worst case assumptions, if theamount of waste allowed under§ 250.29 to be disposed of in Subtitle Dfacilities were to go to such facilities,the Agency calculates that the co-dis-posal ratio of solid to hazardous wastewould not exceed 40: 1.

Comments on, this approach of al-lowing Subtitle D facilities to receivesmall -amounts of hazardous wastewithout meeting Subpart D standardsare requested. Comments on alternateapproaches also are requested- For ex-ample, should Subtitle D facilities berequired to meet certain selected Sub-part D regulations?

GENERAL FACILrTY STANDARDS

Site Selection

Site selection is very- Important -inplanning a facility because the poten-tial for damage to human health andthe envrionment is enhanced if a fa-cility is not properly located.

The general site selection standards(§ 250.43-1) prohibit locating a facilityin areas-where the facility might harm,the environment (a wetland, for exam-ple) or where' the environment mightharm the facility (an active fault zone,for "example). These standards alsoapply to esxisting facilities which mayhave to modify their operations tocomply. If an existing facility cannotbe modified -to conform to applicablestandards, it will have to close.

The Agency has considered writingregulations which would restrict thelocation of hazardous waste facilitiesin permafrost (permanently frbzensubsoil) areas, which are very fragileecosystems with significant potentialerosion and groundwater contamina-tion problems. However, because per-mafrost is, for the most part, confinedto Alaska, EPA believes that the Stateof Alaska, rather than' the FederalGovernment, should decide what isfeasible and necessary to protect theseremote areas in that State. Commentis solicited on the decision not to spe-cifically address permafrost areas inthese-regulations.

A key issue in site selection Is whatprovision for a site buffer zone shouldbe made. The Agency believes thatbuffer zones reduce risks to publichealth and the environment by allow-ing unexpected discharges or releasesfrom fires, explosions, spills, and un-derground leaks to be controlledbefore crossing the property bound-ary.

These proposed rules require 200feet between the active portion of a fa-cility and Its property boundary line.Comment is requested as to whether200 feet Is an appropriate buffer dis-tance to protect human health andthe environment.

Section 250.43-7(c) also relates tosite selection. As part of the permitapplication process, an owner/opera-tor must submit a closure plan whichincludes a description of possible usesfor the land after closure of the facili-ty. The Agency wants to encourage,when possible, the return to anotheracceptable use of land where hazard-ous waste facilities have been operat-ed. -%

Security, Contingency Plan andEmergency Procedures, Training

After examining its file of damageincidents which have occurred at haz-ardous waste management facilities,EPA has established standards Inthese rules for site security, contingen-cy plans, and employee job training.Through such measures, the Agencyhopes to eliminate many past causesof human health and environmentaldamage at hazardous waste facilities.The agency also Is preparing a guld-ance manual on Job training whichwill provide further information inthis critical area.

Manifests, Recordkeeping, andReporting Requirements

Section 250.43-5 specifies the mani-fest, recordkeeping, and reporting re-quirements for hazardous waste facili-ties. These requirements prescribe thefinal steps in the manifest system es-tablished in Subpart B rules to trackhazardous waste from. Its, origin withthe generator through its trip withthe transporter to its disposition at atreatment, storage, or disposal facility.This system is the heart of RCRA'scradle-to-grave management systemfor hazardous waste. Owners/opera-tors of facilities which receive wastefrom off-site must sign and return theoriginal manifest to the generatorwithin 30 days, and must make annualreports to the Regional Administratorsummarizing the information on themanifests (i.e., the types and amountsof waste received, source of waste,etc.).

All facility owners/operators are re-quired to keep record! of how waste istreated, stored, and disposed of. Suchrecords must include the location ofwaste in landfills, operating condi-tions, personnel training, monitoringresults, and incidents of damage tohuman health or the environment. Allfacility owners/operators must makequarterly reports of certain monitor-ing data to the EPARegional Adminis-trator. In addition, all facility owners/operators are required to immediatelyreport damage incidents such as fires.spills, explosions, and problems detect-ed via monitoring to the Regional Ad-ministrator. Reporting requirementsfor on-site facilities are -specified inSubpart B.

The Agency believes that the report-Ing and recordkeeping required bythese regulations are necessary to ef-fectively regulate owners/operators ofhazardous waste facilities. Much ofthe information required will be gen-erated by standard business practicesand operating procedures. In many in-stances, standard operating logs can beused to comply with the recordkeepingrequirements.

The Agency is considering changingthe frequency of monitoring data re-porting from quarterly to semi-annual-ly or annually, and also is consideringrequiring facility ovmers/operators toreturn the original manifest to thegenerator immediately, rather thanwithin 30 days. Comments on theseproposals are requested. Commentsalso are requested on the utility,burden, and practicality of, and needfor additional items in. the record-keeping and reporting requirements.

Inspections

The proposed rules require dailyvisual inspection of hazardous wastefacilities by the owners/operators ofthese facilities. This requirement is de-signed to insure that potentially dan-gerous situations are discovered quick-ly. Daily visual inspections are consid-ered to be a good management prac-tice which represents a minimumburden to hazardous waste facilityowners and operators.

Closure and Post-Closure

The closure and post-closure stand-ards (§ 250.43-7) specify what facilityowners and operators must do afterclose-out (the time wastes are nolonger received for treatment, storage,or disposal). As shown on the diagrambelow, closure is the period after close-out during which treatment, storage,and disposal operations are completed,final cover Is applied to landfills, andequipment Is dismantled and decon-taminated. This period may. notexceed three (3) years.


58985



PROPOSED RULES

OPERATION

Close-out

CLOSURE

3 YEARSma- ximum-

These proposed regulations requirethat notice of partial and final closurebe given to the Regional Administra-tor. Such notice allows time for inspec-tion to assure compliance with thestandards. Professional certificationalsp is required to provide added assur-ance that closure operations have beencarried out properly. Filing a surveyplat is considered necessary to insurethat a propeily recorded report.of fa-'cility activities is available for futurereference.

Post-closure is the period after clo-sure during which certain monitoringand maintenance must be conducted.The regulations provide that post-clo-sure care shall continue for 20 years.The facility owner or operator may,however, request the Regional Admin-istrator to authorize a reduction or,discontinuation of the post-closure re-quirements before the expiration of 20years and must produce evidence tosupport the request. EPA is consider-ing establishing criteria on which TheRegional Administrator will base thisdetermination.

Comments are requested on all ofthe preceding requirements, especiallyon the periods of time now specified inthese proposed rules to 'complete clo-sure and post-closure activities at haz-araous waste facilities. -

Groundwater and LeachateMonitoring

These proposed rules requiregroundwater and leachate monitoringat all landfills and surface impound-ments (§ 250.43-8). Monitoring at land-farms is treated separately in§ 250.43-5.

The goundwater nionitoring require-ments specify installation of a mini-mum of three monitoring wells hy-draulically downgradient from the fa-cility and one well upgradient fromthe facility.

The leachate monitoring require-ments specify the installation of Lea-

,/ompletiono Closure

POST-CLOSURE

, -- P-. 20 YEARS

chate' Monitoring System under theprimary liner or natural soil barrier oflandfills ind surface impoundments.This standard is accompanied by aNote which allows an alternate moni-toring system if it is equally capable of.detecting a leak. Sampling and analy-sis is required at regular intervals todetermine changes in concentrationsof chemical constituents in ground-water and leachate.

The Agency recognizes that thetechnology of leachate monitoring isstill being refined, but the equipmentfor such monitoring .is currently avail-able. EPA considers leachate monitor-ing extremely important because itcan provide an early warning thatgroundwater contamination mayoccur. This early warning is crucial be-cause once groundwater contamina-tion has occurred, it is extremely diffi-cult or impossible to renledy, particu-larly where an acquifer is located farbeneath a facility. Groundwater moni-toring alone does not sufficiently pro-tect the environment because the leakmust move through and cause exten-sive contamination of the zone of aer-ation before it reaches and contami-nates the groundwater.

EPA is preparing a manual whichwill provide further guidance ongroundwater and leachate monitoring.

Financial Requirements

Continuity-of-Operation: Closure.Hazardous waste facility owners andoperators are responsible for closingtheir sites in accordance with the clo-sure requirments of § 250.43-7. Inorder to ensure that adequate fundsare available for closure when thetime comes, the continuity-of-oper-ation standard (§ 250.43-9(a)) requiresthat an owner/operator establish atrust fund for the amount of the esti-mated closure cost'for the facility; theestimate must be accepted by the Re-gional Administrator and cash must bedeposited before a permit will beissued.

EPA considered allowlipg owners/op-"erators to post a surety bond ratherthan requiring them to establish trustfunds. The Agency believed that provi-sions for surety bonds would helpoffset' the financial burden whichmight occur when a facility owner oroperator must deposit the totalamount of cash for closure before thepermit is granted. However, in conver-sations with surety brokers, theAgency found that many of the facili.ties we expected would want to usethis method would not be able to qual-ify for surety bonds. Further, suretybonds are subject to year-to-year re-newal and thus do not serve the pur-pose of providing an assured source of.funds for closure. Because closure rep.

, resents a minor portion of the totalcost of operating a hazardous wastemanagement business and becauseEPA considers the availability offunds to adequately close the site is es-sential to fully assure the protectionof the public health and the environ-ment, the Agency is proposing the es-tablishment of this trust fund as acondition of receiving a permit.

Because the trust fund will be cstab-lished at the beginning of operationsbut not used until closure, the interestthat will accrue from the fund will betaken into account by the RegionalAdministrator in determining the fundsize. A real interest rate of 2% Is usedin calculating the present value factor.For example, if an owner or operatorestimated at today's prices a cost of$10,000 for final closure of a site ex-pected to operate for eighteen years,the deposit required would be $7,000.

Con tinuityof-Operation: Post-Clo-sure Monitoring and Maintenance,Section 230.43z7 requires each hazard-ous waste disposal facility owner oroperator to maintain the facility se-curity and waste containment devicesand monitor for possible leakage forthe twenty years following site clo-sure. Post-closure monitoring andmaintenance requirements do notapply to treatment or storage facilitiesbecause when those facilities close nohazardous waste will remain at suchsites.

Each disposal facility owner/opera.tor must estimate the costs of comply-ing with the post-closure regulationwhen applying for a permit. The esti-mate will be accepted or revised by theRegional Administrator as part of thepermitting activity. 'To ensure theavailability of the necessary funds,EPA is requiring each disposal facilityto establish an individual trust fundfor post-closure monitoring and main-tenance which Is to be built up overthe life of the site or over twenty

FEDERAL REGISTER, VOL. 43, NO. 243--MONDAY, DECEMBER 18, 1978

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-PROPOSED RULES

years, whichever is shorter. EPA. con-sidered requiring a shorter period fordeposit of the needed funds, but thepreliminary economic impact work in-dicated that too short, a pay-in periodcould cause a severe financial burdenon a disposal site operator

Another alternative consideredwould have required a permit holderto obtain a surety bond for the portionof the estimate. that was not yet cov-ered by deposits in the trust fund. AsEPA discovered was the case when itexamined this option for the closurestandard, very few facilities have suffi-cient assets to obtain surety bonds inthe required amounts, nor would,surety bonds necessarily be renewedannually.

EPA again has used a real interestrate of 2% to calculate expectedgrowth in the closure and post-closuremonitoring and maintenance trustfund. EPA has made this choice on theassumption that, nominal interestrates and the rate of inflation willmove up and down together (as hasbeen true for long periods of time) andthat the rate of increase in real pur-chasing power of the funds in thetrust will therefore remain constant at2%. The Agency also. is assuming thatthe rate of increase in the costs of therequired task (Le., post-closure moni-toring and maintenance) will be thesame as the rate of increase of pricesin general as it is the latter rate that isreflected in nominal interest rates.

Financial Responsibility: Site LifeLiability. EPA has interpreted theterm financial responsibility in Sec-tion 3004 of RCRA to include the abil-ity to pay for injuries to people andproperty which resuli from the escapeof hazardous waste into the environ-ment. The primary objective of thesite life liability stknidard is to ensurethat funds will be available to satisfylegitimate damage claims against a fa-cility during its operating life.

The proposed reghlations require afacility to show evidence of a mini-mum of $5 million of financial respon-sibility per occurrence per site forsudden and accidental occurrencesduring the life of the site. In addition,the owner or operator of a facility, orgroup of facilities, is required to haveand maintain financial responsibilityfor non-sudden and accidental occur-rences in the amount of $5 million peroccurrence, and an annual aggregateof $10 million; including legal defensecosts. Both types of insurance cover-age in these amounts are now availa-ble from the private sector.

Financial responsibility, which is in-tended to include claims arising fromboth sudden and non-sudden escape ofhazardous waste to the environment,can be established by liability insur-ance, self-insurance, a combination ofthe two, or some other form of finan-

cial responsibility acceptable to theRegional Administrator. If a. companyelects self-insurance, however, such in-surance for all sites owned and insuredmay not exceed 10 percent of thefirm's equity.

The major difficulty the Agencyfaces inlestablishing insurance and in-demnificatfon levels Is the lack of ac-tuarial data on a regulated waste man-agement industry. While It is clearthat the Subtitle C regulations willreduce both the number of damagecases and their severity, the degree towhich this will occur is open to specu-lation.

EPA has used its existing damagecase data from an unregulated indus-try to set the financial responsibilityrequirement, but the data on recentdamage incidents do not allow us tocompare in dollars the relative haz-ards posed by different wastes and dif-ferent treatment, storage, and disposalprocesses. The dollar value of damageincidents In EPA files ranges from$100,000 to many millions of dollars. Itis not unrealistic to imagine claims ofseveral million dollars against a haz-ardous waste management facility.

The Agency has attempted to estab-lish with very little actual data andminimal experience with a regulatedhazardous waste industry a level ofcoverage that will provide reasonabIeprotection to the public, but is notprohibitively expensiVe for manyfirms. The $5 million level for finan-cial responsibility will apply to all per-mitted facilities.

Many of the comments EPA has re-ceived 'on this point during develop-ment of these regulations take the po-sition that all hazardouswaste man-agement firms do not require thisamount of protection. While this maybe true. EPA has been unable to Iden-tify reliable criteria for determiningdifferent levels of financial responsi-bility for different permit holders.

Comments on how criteria for differ-ent levels of financial responsibilitycould reliably be determined are re-quested. EPA also requests commentson whether this provision of funds tosatisfy damage claims Is a legitimateFederal responsibility under RCRA.The Agency belleveg that such a provi-sion is with the terms of the Act whichrequire us to establish such require-ments for financial responsibility "asmay be necessary or desirable," but isinterested In public reaction to our re-quiring this kind of financial responsi-bility.

The Agency also has received com-ments that such liability Insurance isprohibitively expensive. EPA has dis-cussed this point with several insur-ance industry representatives, has re-viewed ranges of premium costs forsuch liability insurance being written

today, and has concluded that insur-ance costs are not unreasonable.

Financial Responsibility: Post-Clo-sure Liability for Hazardous WasteDisposal Facilities. EPA initiallythought that liability insurance wouldbe the best way to provide a post-clo-sure source of funds to satisfy legiti-mate damage claims against hazardouswaste disposal facilities. Most existingliability policies, however, only offerprotection against sudden occurrencessuch as explosions, pipeline ruptures,or abrupt failures of containment ves-sels during facility operation. Thecritical insurance protection for post-closure liability Is coverage for non-sudden occurrences. Coverage of non-sudden occurrences after facility clo-sure is not readily available. EPA esti-mates that even if such coverageshould become generally available, thepremiums would be prohibitive.

Because of the uncertainties associ-ated with long-term disposal of haz-ardous waste arid the unavailability ofpost-closure non-sudden liability cov-erage from the private sector, EPA isconsidering seeking legislative authori-ty to create a Federally administeredfund to provide such protectiom Thefund would be available tor satisfy le-gitimate claims for damage whendamage occurs aftera hazardous wastedisposal facility has closed, but wouldbe established In such a way as to en-courage responsible waste manage-ment br the owner/operator duringfacility operation. As now envisioned,the fund would be administered by theFederal Government and financedfrom a surcharge levied on the dispos-al of hazardous waste. The fund wouldbe responsible for damage claims andremedial action up to a specifiedamount per claim. Until the necessarylegislative authority is granted byCongress, EPA is reserving proposal ofthis portion of the regulation.

Financial Responsibility: Requestfor Comment&. In addition to the com-ments requested in the discussion ofthe various financial responsibility re-quirements, EPA encourages commentin the following areas.

(1) Are there reasonable alternatives(such as interest bearing accounts infinancial institutions) to the "trustfund" mechanism for closure and post-closure financial requirements in thecontinuity of operation section(§ 250.43-9(a))?

(2) Are there reasonable alternativesto the proposed financial responsibili-ty regulation (§ 250.43-9(b))?

(3) Should site life insurance cover-age for non-sudden and sudden eventsexclude legal defense costs?

(4) Is a Federal fund for post-closurefinancial responsibility for hazardouswaste disposal sites desirable and if so,how should it operate?

FEDERAL REGISTER, VOL-43, NO. 243-MONDAY, DECEMBER 18, 1978 1

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58988

(a) What should te size of the fundbe?

(b) Should there be a maximumamount available for any one claim; ifso, what amount?

(c) What amount should be chargedper unit of waste disposed?

(d) How should the fund be adminis-tered?

(e) What are the alternatives to aFederally administered fund?

(f) Should the fund provide separateregulations for publicly owned and pri-vately owned facilities?

Further, the Agency is considering,arfd solicits 'comments on additionalclosure 'and post-closure financial.re-sponsibility provisions designed toinsure that adequate funds are availa-ble for closure and, post-closure care.To that end, a system of periodicchecks would be-established. .The clo-sure and post-closure financial respon-.sibility provisions would require thefacility to biannually re-evaluate andrevise the estimate of the amount oftotal and annual payments necessaryto provide adequate financing for clo-sure and post-closure caie. A report ofthe re-evaluation and -revision wouldbe included in the annual report re-quired to be submitted to the Regional

"'Administrator. The evaluation and re-vision would be subject to the approv-.al of the Regional Administrat6r. Inaddition, the provisions would requirethe owner/operator to certify in theannual report that he has made therequired annual payments to the trustfunds.

STANDARDS FOR STORAGE

The storage standards proposed in§ 250:44 are intendedto prevent the re-lease of hazardous waste from storageareas into the environment. Section1004(33) of RCRA defines "storage" asthe containment of hazardous waste,either on a temporary basis or for aperiod of years, in such a manner asnot to constitute disposal of hazardouswaste. Section 1004(3) 'of RCRA de-fines "disposal" asthe discharge, deposit, injection, dumping,spilling, leaking, or placing of any solidwaste or hazardous waste into or on anyland or water so that such solid waste orhazardous waste or any constituent thereofmay enter the environment or be emittedinto the air or discharged into any waters.Including ground waters.

Because "storage" Cannot constitute"disposal," the regulations for hazard-ous waste storage operations requirethat storage be conductqd in such amanner that no discharge or release ofany waste occurs.

An issue central; in the storagestandards is when storage begins. TheAgency believes that it would be inap-propriate to. require generators tocomply with Subpart D storage regula-tions the instant a wastb is generated

PROPOSED RULES

because they really are not storage fa-cility operators. However, the Agencyalso recognizes that generators tend toaccumulate considerable quantities ofhazardous waste over extended periodsof time. With prolonged storage, theAgency believes the generator doesbecome a storage facility operator,with the attendant environmentalrisks, and should have to comply withthe storage regulations.

The Agency has decided to allowgenerators a reasonable period of timeto accumulate hazardous waste on-site(with the intent to ship off-site)within which time they will not be,considered storage facility operators.Ninety" days has been selected as thisinterim period, as EPA considers thatthe likelihood of discharge of waste tothe environment occurring within 90.days is low. Accordingly, a storage fa-cility is defined as any facility that

--stores hazardous waste, except a facili-ty used by a generator to store his ownhazardous waste on-site in DOT speci-fication containers for less than 90days for subsequent transport off-site.

In order to prevent the release ofwaste to the environment, the stand-ards for storage (§ 240.44) include therequirement that storage tanks andcontainers be of sturdy and leakproofconstruction. The Occupational Safetyand Health Administration (OSHA)has written explicit design specifica-tions for tanks and containers used tostore flammable and combustible liq-uids (29 CFR 1910, ' Subpart H,§ 1910.106). EPA proposes to requirethat facility owners/operators store allof their-hazardous waste in tanks andcontainers which meet the specifica-tions in OSHA's regulations for flam-mable and combustible liquid contain-ers. OSHA's specifications are de-signed to ensure that no dischargefrom containers" meeting those specifi-cations will occur. Subpart D stand-ards go beyond OSHA specifications,however, by providing that storagetanks and containers must be con-structed of materials Which are com-patible with the hazardous waste to becontained or must be protected by aliner compatible with the waste to becontained. Comments are requested onthis proposal to adopt OSHA's specifi-cations for storage containers.

-STANDARDS FOR TREATIENT/DISPOSAL

Section 250.45 prohibits treatmentor disposal of certain kinds of waste inlandfills, .-surface impoundments,basins, or landfarms unless the owner/operator can demonstrate that suchtreatment or disposal will not exceedOSHA's permissible contamhiantlevels for any listed airborne contami-nants (29 CFR § 1910.1000) above suchnon-point sources and that it will notcontribute two or more airborne con-taminants to the air in a manner

which will cause a specified equationto exceed unity. EPA believes that thisprohibition, Is justified because reac-tive, ignitable, and volatile waste posespecial treatment and disposal prob.lems. The Agency does not know ofany way to ensure protection ofhuman health 'and the environmentwithout imposing this prohibition andattendant Note requirement. Com-ments on this approach are requested.

Air sampling at non-point sources(e.g., surface impoundments, landfills)

-is not required in these regulations,Sampling at a non-point source maybe made a permit condition, however,in a situation such as this, where theowner/operator is authorized to devi-ate from a design and operating stand-ard. Air sampling procedtires for non-point sources are under development.A manual will be provided by EPA fol-lowing promulgation of these rules todescribe the procedures by which airsampling at non-point sources could beaccomplished.

Incineration

The standards in § 250.45-1 apply tohazardous waste incinerators whichare defined as combustion devices.One example of an 'Incinerator is arotary kiln. These regulations alsoapply to cement kilns, utility boilers,and any other devices which burn haz-ardous waste by combustion,

The Subpart D performance stand-ards for the incineration of hazardouswaste prescribe conditions for destruc-tion of the waste Introduced and forcontrol of the resulting emissions.Thus, these proposed rules Includespecifications on residence time, com-bustion temperature, excess air, com-bustion efficiency, scrubber efficiency,and automatic feed cutoffs. Trialburns are required for Incineratorsburning waste of a type which has notpreviously been burned in simlla, in.cinerators. The results of trial burnsmust be submitted to the Regional Ad-ministrator.' Additionally, an emissionstandard for particulates is given.

EPA sponsored a program to assessprocesses for destroying chemicalwaste in commercial scale incinerators,as well as programs to destroy chemi-cal waste in experimental incinerationunits. EPA has concluded that ther-mal destruction as a method of treat-ment of primarily organic chemicalwaste is both technically feasible andenvironmentally sound.

The successful utilization of certaincement kilns for destruction of chlor-inated organic waste Is one of themore important results of EPA's pro-gram. Cement kilns use the halogencontent of the waste to reduce alkalin-ity in the cement clinker while usingthe hydrocarbons as fuel. The BTUvalue of wate reduces the fuel other-wise required to produce cement. Coin-

FEDERAL REGISTER, VOL. 43, NO. 243-MONDAY, DECEMBER 18, 1978



PROPOSED RULES

bustion conditions in the kiln are morerigorous than those in incinerators de-signed solely for hazardous waste dis-posal. Thus, the combus'tion condi-tions are usually more than adequatefor the destruction of halogenated andnon-halogenated hydrocarbon fuels,including PCBs.

EPA has received comments that in-cineration should not be so strictlyregulated that already costly inciner-ation facilities become more so. EPAbelieves that because incineration hasbeen found to be technically feasibleand environmentally sound, and be-cause it reduces or eliminates thevolume and/or toxicity of waste to beland disposed, it should be actively en-couraged. -

Comments are requested on all ofthe regulations prescribed for inciner-ation, particularly the standards 'forwhich explicit limiting values are pro-posed. These include 99 percent halo-gen removal in emission control sys-tems, 99.9 percent combustion efficien-cy, 99.99 percent destruction efficien-cy, 1000' C combustion zone tempera-ture, two-second retention time, 0.08grains per dry standard cubic footstack concentration limit for particu-lates, and the monitoring require-ments.

Landrfis

The Agency recognizes that thestate-of-the-art for predicting dis-charges or releases from landfills ispoor and thus believes that the onlyoption available to ensure protectionof human health and the environmentis to prescribe design and operatingstandards which will provide maxi-mum containment in landfills; that iswhat these standards are designed todo. The Notes accompanying the land-fill standards allow the substitution ofalternate standards if the permit ap-plicant can demonstrate to the Re-gional Administrator that the alterna-tive will provide equivalent or betterperformance than the specified stand-ard.

Maximizing containment minimizesthe escape of hazardous waste con-stituents: Although EPA recognizesthat some escape of waste constituentsconceivably may not present a hazardto the environment, the Agency is notaware of any method for designinglandfills to allow specific constituentrelease rates, nor is the Agency awareof any method to determine what re-lease rates would be acceptable. TheAgency also cannot predict how longhazardous waste in a landfill willremain hazardous. Accordingly, theonly viable alternative the Agency seesto fulfill its Section 3004 mandate toprotect human health and the envi-ronment is to require that landfills bedesigned, constructed, and operated so

that discharges are minimized or donot occur.

The landfill designs in these pro-posed standards are separated Into twocategories; different designs are re-quired for different natural geologicand climatic conditions at the selectedsite. Where site conditions allow, i.e.,at those sites which have extensive ho-mogeneous clay deposits and wherethe evaporation rate exceeds precipita-tion by at least 20 inches per year, thelandfill design must include 10 feet ofnatural in-place soil with a permeabil-ity of <1x10-7 cm/sec. as a liner. Noleachate collection is necessary at suchsites, provided that a "bathtub" situa-tion is not expected to occur, I.e., pro-vided that liquids would not accumu-late in the landfill to the extent thatthey overflow to the surface or createleaks to the groundwater due to exces-sive hydraulic head.

Two alternate landfill designs aresuggested where the geology and ell-mate of the site location do not allowthe .use of the design Just discussed.Both of these latter designs utilLe aliner system(s) in conjunction withleachate collection. The decision ofwhich design to use is entirely up tothe owner/operator. Design I consistsof a leachate collection and removalsystem on top of a soil liner or naturalsoil or mantle barrier at least 5 feetthick with a permeability not greaterthan lx10-7 cm/sec. Design II is amore complex design involving adouble liner, leachate collection andremoval, and a leachate detection andremoval system. The double liner con-sists of a soil liner (3 feet thick with apermeability of <1x10- T cm/see.)overlying a synthetic membrane (>20mils thickness with a permeability of<1x10 - 7 cm/sec.). The leachate col-lection and removal system must beplaced on top of the soil liner to col-lect and remove leachate generated inthe fill. a leachate detection and re-moval system must be located beneaththe synthetic bottom liner. The topsoil liner will provide primary contain-ment of the waste and protection forthe synthetic membrane liner. Thesynthetic liner will provide contain-ment of any waste which migrates orleaks through the soil liner. TheAgency feels there is, at present, inad-equate information available on thelong-term reliability of syntheticliners, used by themselves, for wastecontainment in landfills. Therefore,Design II provides a bottom leachatedetection and removal system toensure complete containment of waste'and leachate. The presence of such abottom leachate detection and remov-al system also makes unnecessary theneed for leachate (zone of aeration)monitoring under the Landfill, andprevents the possibility of ground-water contacting the bottom of the

landfil due to the pumping mecha-nisms inherent in the leachate detec-tion and removal system.

Discouraging the landfflling of liquidhazardous waste is another key ele-ment of EPA's strategy for maximiz-ing the containment of waste in land-fills. It is important to understandthat the regulations do not categori-cally ban liquids from landfills.Rather, they require that liquids bemodified and/or treated to a non-flow-ing consistency prior to landfllling orin situ. The Agency feels it is impor-tant to discourage the landfiiling ofliquid hazardous waste because suckrwaste increases the likelihood thathazardous materials will enter the en-vironment. The hydraulic head cre-ated by liquids is the driving forcewhich causes landfills to leak. TheAgency wants to prevent hydraulichead from being created; thus, thesestandards emphasize leachate collec-tion and require that liquids be modi-fied before landflling.

Comments are requested on all ofthe regulations for land filling hazard-ous waste, particularly the standardsfor which explicit limiting values areproposed. These include the 1.5 meter(5 foot) separation between thebottom of the liner system(s) or natu-ral in-place soil or mantle barrier andthe water table, the 150 meter (500foot) separation from any functioningpublic or private water supply, the 20mil minimum thickness and 1x10- 2cm/sec. or less permeability of syn-thetic membrane liners, the designspecifications for landfill construction,the criteria for soil liners and naturalimpermeable soil barriers, the mini-mum capacity for leachate collectionsumps, and the final cover specifica-tions.

Basins and Surface Impoundments

For the purpose of these regulations,a "basin" is any uncovered above-ground device constructed of artificialmaterials which is used to retain haz-ardous waste as part of a treatmentprocess. Basins usually have a capacityof less than 100,000 gallons. Examplesof basins are open mixing tanks, clari-fiers, and settling tanks. In compari-son, surface impoundments, whichmay serve the same purpose, are anynatural topographic depressions, arti-ficial excavations, or dike arrange-ments which: (1) Are used primarilyfor holding, treatment, or disposal orwaste; (2) may be constructed above,below, or partially in the ground or innavigable waters (e.g., wetlands), and(3) may or may not have a permeablebottom and/or sides.

Although basins are a subset of sur-face impoundments and both mayserve the same purposes, I.e., contain-ment of hazardous waste for treat-ment or retention, the difference in


58989



PROPOSED RULES

construction and the attendant envi-ronmental problems associated witheach require that they be subject todifferent standards in certain areas.Compare § 250.45-3 standards with§ 250.45-4 standards.

Surface impoundments usually arebuilt by constructing earth dikesaround the impoundment, area. Theyare usually lined, either with soil (nat-ural in-place soil or reworked/recon-structed soil) or synthetic materials.Liners and dikes are the primary bar-riers to movement of hazardous wastefrom the impoundment.. The surfaceimpoundment regulations primarilyare concerned with ensuring the im-petmeabiity, structural stability, andintegrity of dikes, soil barriers, andsynthetic liners.

In comparison, basins are usuallyconstructed entirely- 'above groundfrom materials such as concrete orsteel. The construction material(s)serves as the primary barrier to move-ment of waste from such structures.Basins may be lined or unlined, butbasin liners serve only to protectagainst corrosion of, or waste incom-patibility with, construction materials.Because of the materials used and theabove-ground construction of basinsand because they generally are small,most corrosion problems, cracks; orother damage to them that can lead tohazardous waste migration or seepagecan be detected through visual inspec-tion. Surface impoundments however,which usually are at least partially un-derground and which use liners anddikes for containment must be subjectto different standards in order to pro-tect groundwater-and surface -water ashazardous waste constituent migrationfrom surface impoundments usuallycannot be detected visually.

Another reason basins are subject todifferent standards is that they aretemporary structures and thus Sub-part D standards require that they beremoved or decontaminated at facilityclosure. In comparison, some surfaceimpoundments could be used for per-manent disposal of hazardous waste. Ifthey are used for permanent disposal,they must be designed, constructed,and closed according to § 250.45-2landfill regulations. Even if not usedfor permanent containment, however,they still must be closed pursuant tospecifications which are different thanthose fpr basin closure.

Landfarming

Landfarming is an environmentallyacceptable method for treating anddisposing of some hazardous waste,provided certain operating and designparameters are used. Section 250.45-5of these proposed rules contains stand-ards for landfarming-which EPK-be-lieves will protect human health andthe environment.

Certain types of .waste generallyshould rot be landfarmed. Excessivev6latilization, i.e., vaporization, of ahazardous waste, for example; releasescontaminants to the air.. Therefore,hazardous waste with a vapor pressureexceeding 78 mm Hg at 25°C generallyshould not be landfarmed. However,the Agency recognizes that it may bepossible to safely landfarm hazardouswaste with vapor pressures exceeding78 mm Hg using special methods suchas subsurface soil injection, so an ex-ception to this general prohibition isprovided. A note accompanying thestandard allows volatile wastes to belandfarmed provided the facilityowner/operator demonstrate& thatsuch a practice will not violate permis-sille airborne contaminant levels.

Environmentally persistent organicsideally should not be landfarmed insuch concentrations that they couldnot be degraded fairly quickly. Howev-er, landfarming of this class of w&ste isnot specifically banned by the regula-tions because of the difficulty in defin-ing, the term "environmentally persis-tent organics." Such a definition logi-cally should include either a finitehalf-life or finite time that it takessuch substances to be degraded toharmless by-products. 'Degradation,however, - includes reactions of achemical, biological, and/or photoche-mical nature. Degradation is depend-ent on many factors, including theconcentration of the compound In thesoil, and the definition may need to in-clude this parameter- in order to pro-tect human health and the environ-ment. EPA does not have the dataneeded to make such a definition atthis time. Comment is requested onthe subject of defining environmental-ly persistent organics. For example,should we shift the burden to theowner/operator to show that an or-ganic applied in a certain concentra-tion will be degraded within a certainamount of time?

The regulations require that lanai-farms be located on areas of finegrained soil types (OH, CH, MH, CL,and OL) as defined by the Unified SoilClassification System. These soils wereselected for their favorable waste at-tenuating characteristics. The poten-tial for attenuation is based on surfacearea per unit weight and silt/clay/col-loid -composition. Use of alternate soiltypes is allowed, provided they pre-vent vertical migration of hazardousconstituents. Comment is requestedconcerning the appropriateness ofspecifying- soil types and the sultabil-,ity of the soils specified. Suggestionson alternate (or additional) soil typesand soil classification systems, withappropriate supporting data, are solic-ited. -

The landfarming regulations requireextensive soil monitoring to detect and

provide time for preventing the migra-tion of hazardous waste below thezone of incorporation, i.e., the depthto which the soil on a landfarm isplowed or tilled to receive waste. Be-cause soil monitoring will detect mi-gration long before groundwater isthreatened, groundwater monitoring Isnot required. The Agency also is notrequiring groundwater monitoring because we are not aware of any docu-mented case of groundwater pollutionresulting from hazardous waste land-farming. The Agency requests com-ment on whether groundwater moni-toring is desirable at landfarms, and ifso, why.

Soil conditions at a landfarm are de-termined by soil monitoring. Soil ruon-Itoring consists of taking core samples,sample analysis, and statistical com.parison of analytical results to previ-ously established background soil con-ditions. The soil monitoring regula-tions require one soil core per acresemi-annually. The depth of the coreis.three tim'es the depth of the zone ofincorporation. The bottom one-thirdof the soil core is quantitatively ana-lyzed to determine if there is a signifi-cant increase, above background, Inthe concentration of constituents thatmake the waste hazardous. A signifi-cant increase over background is con-sidered unacceptable and remedial ac-tions are required. Comments are re-quested on all aspects of the soil moni-toring requirements. Specific informa-tion is needed on the adequacy, statis-tical or otherwise, of the number,depth, and frequency of soil cores re-quired. Suggestions for alternate ap-proaches are requested, e.g., a formulafor the number of cores to be takenper unit area, based on landfarm sizeand representative soil types. Specificinformation and suggestions are alsorequested for the purpose of defining,via statistical methods, "significant in-crease above background." The infor-mation submitted should reflect de-pendence of the defining statisticalmethod on the method developed fordetermining the number of soil coresto be taken per unit area.

One objective of these proposedrules on landfarmng is to prevent theconversion of huge tracts of produc-tive land to land with limited potentialfor future use. Comments on whetherthis is a reasonable Federal objectiveunder RCRA are requested. Meetingthis objective requires that the soil ofthe treated area(s) of a landfarm bereturned to it previously existing (i.e.,pre-landfarming) condition when land-farming operations cease. New facili-ties will utilize soil monitoring back-ground data developed prior to begin-ning operation for this purpose, Exist-ing facilities must use the backgroundsoil conditions of similar local soils asthe basis for comparison unless site

FEDERAL REGISTER,. VOL 43, NO. 243--;-MONDAY, DECEMBER 18, 1978

58990



data exist that establish backgroundconditions for the soil of the treatedarea(s) prior to any waste application.

The soil in a landfarm functions as afilter medium which, when subject toapplication of waste containing non-degradable contaminants, eventuallybecomes loaded with such contami-nants, especially heavy metals. Leftunattended, the contaminants of thesoil-filter medium will eventualy becarried away by surface run-off, or willmigrate to groundwater due to naturalchanges in physical and chemical soilparameters. Therefore, the contami-nated soil-filter medium, if it would beconsidered a hazardous waste underSubpart A, must either be decontami-nated or disposed of as a hazardouswaste. Comments are requested,though, on whether under certainspecified circumstances the soil-filtermedium could be left as it is at the endof operations without the potential forhuman health or environmentaldamage.

Growth of food chain crops uponhazardous waste landfarms is prohibit-ed. The purpose of .this prohibition isto protect against human consumptionof toxic materials that may adhere toor be taken up by such crops. TheAgency recognizes, however, that cer-tain hazardous waste probably couldbe safely applied to land on whichfood chain crops are grown if certainmanagement practices are employed.For example, for waste similar tosewage sludge from publicly ownedtreatment works, EPA may be able todevelop mangement controls (controlof application rates, soil/waste pH,etc.) similar to those we are currentlydeveloping for such sludges under Sec-tion 4004 of this Act and Section 405of the Clean Water Act which willensure protection of human health.

EPA has considerable data on theeffect that POTW sewage sludge hason food crops and thus we can developrules for landfarming POTW sludgewhich will allow growth of food chaincrops on such land but, the Agencyhas little or no information on the ef-fects of other types of sludge on foodcrops. Given the possibility of highlevels of toxic constituents in the haz-ardous waste that might be land-farmed under these regulations, theabsence of adequate information oncrop uptake of the contaminants- inthese wastes, and the lack of data onmanagement control that would benecessary to allow growth of foodcrops, the - Agency deems a generalprohibition on the growth of foodcrops on such land warranted. Com-ments and data are requested thatwould assist the Agency in developingregulations that would provide for the

- controlled application of hazardouswaste to food chain croplands.

PROPOSED RULES

Chemical, Physical, and BiologicalTreatment Facilities

The section of the proposed SubpartD standards which specifically ad-dresses chemical, physical, and biologi-cal treatment facilities (§ 250.45-6) de-serves special emphasis. Treatment Isdefined in Section 1004(34) of RCRAto include any process designed tochange the physical, chemical, or bio-logical character or composition ofany hazardous waste so as to neutral-ize the waste, render It nonhazardous,safer for transport, amenable for re-

>overy, amenable for storage, or re-duced in volume.

Although this section in the regula-tion is relatively short, it covers alarge and important facet of hazard-"ous waste management. The Agencyprefers chemical, physical, and biologi-cal treatment' rather than disposaltechniques such as landfilling as ameans of waste management becausesuch treatment can detoxify a wasteand thus reduce the potential forhuman health or environmental.damage. Treatment also reduces theburden that present practices place onfuture resources.

The reason why these standards arenot extensive is that treatment tech-niques vary widely and thus It Is verydifficult to write design and operatingstandards which apply to all possiblechemical, physical, and biologicaltreatment systems. Furthermore, theAgency wants to allow flexibility sothat owners and operators of treat-ment facilities can match treatmentprocesses with waste types. Treatmentprocesses should be tailored to fit theindividual requirements of the facilityand hazardous waste being handled.The advantages of writing standardswhich allow a facility operator totailor his processes to the waste beinghandled are that such standards allowflexibility in the construction of treat-ment facilities thereby encouragingdesign Innovations, and they encour-age treatment by not regulating It ex-tensively.

If in treating hazardous waste, facili-ties produce residues which are nothazardous accoiding to Subpart Astandards, such residues are not sub-ject to Subtitle C regulations. Thus,the treatment facility would be sub-ject to Subtitle C regulations and needa permit because it Is treating hazard-ous waste, but any non-hazardous re-siduals such as chemically fixed waste,or neutralized acid or alkaline waste,do not have to be handled at a permit-ted facility, nor do they need a mani-fest if shipped offsite. One example ofa residue which may be non-hazardousis the ash from a hazardous waste in-cinerator.

58991

Commercial products

EPA knows of several instanceswhere waste which is likely to be haz-ardous under Subpart A rules is beingused to make commercial products.Hazardous waste can be used, for ex-ample, to make soil conditioners andfertilizers, fuel oil, and constructionproducts. EPA believes it must regu-late hazardous waste which is used tomake commercial products when suchregulation appears necessary to pro-tect human health and the environ-ment. Except for radioactive specialwaste, there currently are no SubpartD standards covering commercialproducts made from hazardous waste.The Agency has, however, consideredand is continuing to consider develop-ing standards for such reuse of haz-ardous waste. We believe such protec-tion probably could best be achievedby Imposing standards on productquality control.

One approach the Agency has con-sidered is to require that any productmade from hazardous waste not pose athreat to human health or the envi:ronment greater than the threat posedby the virgin product it replaces. Com-mercial products made from a hazard-ous waste which met this criterionwhich then cease being hazardouswaste for purposes of Subtitle C ofRCRA and thus would no longer besubject to Subtitle C regulations.There are probably other viable ap-proaches-as well.

Comments on feasible regulatory ap-proaches for commercial productsmade from a hazardous waste are re-quested. In addition, the Agency re-quests any data that are availablewhich we might use to support futurestandards in this area. o

SPEC= WASTE STANDA.RDS

In the course of preparing Subtitle Cregulations under RCRA. the Agencyrealized that some portions of certainvery large volume wastes will be haz-ardous under Subpart A standards andthus will come within the purview ofthe Subtitle C regulatory scheme.These wastes are cement kiln dust,utility waste (fly ash, bottom ash, andscrubber sludge), phosphate miningand processing waste, uranium andother mining waste, and gas and oildrilling muds and oil productionbrines.

The Agency has very little informa-tion on the composition, characteris-tics, and the degree of hazard posed bythese wastes, nor does the Agency yethave data on the effectiveness of cur:rent or potential waste managementtechnologies or the technical or eco-nomic practicability of Imposing theSubpart D standards on facilities man-aging such waste,

The limited information the Agencydoes have indicates that such waste




58992

occurs in very large volumes, that thepotential hazards posed by the wasteare relatively low, and that the wastegenerally is not amendable to the con-trol techniques developed in SubpartD. The Agency is calling such high-volunfe hazardous waste "specialwaste" and Is proposing to regulate itwith special standards.

The following table provides someinformation about those wastes which,when hazardous, the Agency proposes

PROPOSED RULES

to regulate with special standards.With two exceptions, EPA does notknow how much of the total amountof waste generated in these categoriesis, in fact, hazardous and thus subjectto Subtitle C regulations. Onl i wastewhich is hazardous under Subpart Astandards, however, is "special waste"under this Subpart. Any portion of thewaste on the following table which isnot hazardous under Subpart A stand-ards is not regulated at all under Sub-title C and thus is not "special waste."

Special Waste[Metric tons/yr]

Waste Quantity Possible hazard

Cement Kiln Dust ....................... 12 million* .......... Alkalinity and heavy metalsUtility Waste (fly ash. bottom ash. scrubber 66 milion ......... Heavy metals (trace)

sludge). -

Phosphate Mining, Beneflclation. and Processing 400 million....... Radioactivity (low levels)Waste.

Uranium Mining ........................................................ 150 million .......... RadioactivityOther Mining Waste ....................................................... 2 billion* .......... Heavy metals, acidityGas and Oil Drilling Muds and Oil Production 5 million ... Alkalinity., heavy metals, toxic or

Brines. ganics, salinity

NoT--It is not yet known how much of the total quantity of waste marked with an asterisk (*) is. infact, hazardous waste.

A proposed rulemaking will be pub-lished at a later date regarding thetreatment, storage, and disposal ofspecial waste. The Agency will be de-veloping additional information inorder to write substantive standardsfor special waste, and hereby solicitsinformation and comment from thepublic which may assist the Agency indeveloping its proposals. For the timebeing, all facilities which handle spe-cial waste will be exempted from thestorage standards (§ 250.44) and thetreatment and disposal standards(§ 250.45). In order to provide someprotection from special waste and, tocollect additional information on spe-cial waste streams, EPA has preparedspecial standards for-each type of spe-cial waste. Many of the general facilitystandards in § 250.43 are prescribed forspecial waste. In addition, some specialwaste must meet standards which aredesigned to control potential problemsunique to that waste.

Dredge Spoi~s

Certain dredge spoils may prove tobe hazardous and thus subject to theseregulations. The Agency has little in-formation regarding hazard levels and,potential threats to human health andthe environment associated with on-land disposal of these wastes. Informa-tion on acceptable waste managementtechniques and associated economics isalso limited. Therefore, EPA is consid-ering designating dredge spoils as aspecial waste under Section 250.46,

thus deferring most requirementspending further study. As an alterna-tive, the agency is considering exempt-ing these wastes from RCRA require-ments and covering them solely viaregulation under section 404 of theClean Water Act. Comments on howthese wastes should be. managed areinvited. -

Infectious Waste

EPA has received domments fromthe U.S. Army Environmental HygieneAgency (USAEHA) that infectiouswaste defined as a hazardous wastepursuant to Subpart A should be con-sidered a special waste and allowed tobe disposed of at a landfill facilitywhich does not meet all of the Sub-part D landfill standards. USAEHAalso suggested that certain infectiouswaste could be adequately managed atfacilities that meet the, Section 4004"Criteria for Classification of SolidWaste Disposal- Facilities" proposedunder Subtitle D of RCRA (43 FR4914). The U.S. Army EnvironmentalHygiene Agency agrees, however, thatcertain infectious waste, because ofthe extreme hazard associated with it,should go to facilities with a demon-strated capability to manage suchwaste.

EPA believes the above proposal hassome merit, and is considering variofsadministrative and regulatory optionswhich we could employ to accomplishit. Consideration is being given to des-ignating all or certain categories of in-

fectious waste which Is hazardousunder Subpart A as "special waste."The Agency would then write differ-ent Subpart D regulations for such In.fectious waste.

The Agency Invites comments fromthe public on this issue.

OPERATING AND DESIGN MANUALS ANDINDUSTRY-SPECIFIC MANUALS

To assist with the Implementation ofthese regulations, the Agency is pre-paring a number of detailed manuals.

The operating and design manualswill provide much more detailed infor-mation on waste management technol-ogles than that given in the regula-tions. The manuals will cover accept-able practices for different types oftreatment, storage, and disposal facili-ties, .including landfills, landfarms,storage facilities, incinerators, chemi-cal, physical, and biological treatmentfacilities, and surface impoundments,Manuals on monitorlIg and trainingalso are being developed, These man-uals will be organized to correspondclosely with the regulations, but willbe guidance manuals with no regula-tory effect. The Agency expects toissue the manuals prior to final pro-mulgation of the Subtitle C regula-tions.

The industry-specific guidance man-uals will help Various industries under-stand how the regulations apply tothem. They will be issued as concisebrochures. Sample diagrams and termsmeaningful to the particular industrywill be used. Eventually, manuals willbe prepared for all major Industrialcategories. InItially, though, thesemanuals will be prepared for indus-tries comprised primarily of smallcompanies which can least afford todevote much effort toward under-standing these regulations. The firstindustry-specific guidance manuals arebeing prepared for the electroplatingand battery manufacturing industries.

OTHER ISSUES

Definition of AquiferAs defined in §250.41, an aquifer

means any water-bearing stratum orunit-which, due to Its ability to storeand transmit water, Is capable of yield-,Ing a useable quantity of groundwater

"to a well or spring. The key concept inthis definition is "a useable qu4ntityof groundwater." EPA has receivedmany inquiries aboiit how one deter-mines a useable quantity. EPA, at thistime, has not decided on what basis tomake -this determination (it could, forexample, be 600 gal/day which isenough for a single household of04people) since relatively low yieldaquifers can still be useable In certain




circumstances. Comment is requestedon the current definition of aquifer,specifically on how the Agency shoulddefine a "useable quantity" of water.

Test of Significance

The term "significant" or "signifi-cantly" as used in these proposed ruleshas not always been defined in quanti-tative terms. A statistical test or teststo quantitatively define "significant"will be developed where the Agencybelieves it is necessary and will becited or referenced where appropriatein the final rules. One method speci-fied in these rules is the use of Stu-dent's t-tdst.

Comment and information from thepublic regarding appropriate statisti-cal methods or tests to apply in theseregulations where the term "signifi-cant" is used, but no quantification ismade would be appreciated.

INTEGRATION WITz OTHER ACTS

Underground Injection and OceanDisposal

The disposal of hazardous waste byunderground injection and ocean dis-posal is not covered by these proposedrules where these activities are regu-lated under the Safe Drinking WaterAct-(SDWA), and the Marine Protec-tion, Resbarch, and Sanctuaries Act(MPRSA). Most underground injec-tion facilities, however, involve above-ground storage of waste prior to injec-tion. Some of these facilities will haveto comply with both the Subpart D(RCRA) standards and the Under-ground Injection Control (UIC) regu-lations to be promulgated under theSDWA. The UIC regulations also willinclude closure procedures for under-ground injection wells. Similarly, mostocean disposal operations involve on-shore facilities which must complywith the Subpart D (RCRA) stand-ards.

NPDES Permitted Facilities

These proposedrules apply to owners/operators of all treatment, storage,and disposal facilities which receivehazardous waste. Accordingly, theymay apply to some National PollutantDischarge Elimination System(NPDES) permitted facilities, such aspublicly or industrially owned wastewater treatment plants which handlehazardous waste. The regulatory con-siderations for publicly owned facili-ties differ from those for industriallyowned facilities, and accordingly arediscussed separately below.

These hazardous waste control regu-lations apply only to the transport ofhazardous waste directly by truck orrail to publicly owned treatment works(POTW). Once a hazardous waste,transported to a POTW. has beenmixed with sewage, the resulting mix-

PROPOSED RULES

ture is no longer considered a solidwaste under RCRA. However, theGeneral Pretreatment Regulations (43FR 27736, June 26, 1978) and the spe-cific pretreatment standards (40 CFRChapter I, Subchapter N) regulatethese materials prior to their introduc-tion by industry Into the municipalsystem, during transport to the public-ly owned treatment works, and theirtreatment and disposal at the treat-ment works. The pretreatment re-quirements apply regardless of wheth-er the materials are discharged into-municipal sewers or are transported bytruck or rail to the publicly ownedtreatment works. Therefore. theseproposed hazardous waste rules are inaddition to the pretreatment require-mients and only apply to the handlingof hazardous waste during delivery toa POTW by truck or rail and before itis mixed with sewage.

Industrially owned waste watertreatment plants which discharge di-rectly to surface waters are currentlypermitted under the NPDES program.These NPDES permits apply only tosurface discharges to navigable waters.Since these facilities frequently In-volve surface impoundments which re-ceive and treat hazardous waste, thepossibility exists for subsurface dis-charges and/or air emissions whichare harmful to human health and theenvironment. Thus, If these Impound-ments receive hazardous waste, as de-fined in Subxiart A, these facilities aresubject to these proposed rules in ad-dition to the current NPDES program.(It should be noted that any hazard-ous waste (sludge) generated by suchindustrial wastewater treatmentplants, is also subject to these regula-tions.)

Similarly, industrially ownedwastewater treatment plants whichdischarge to publicly owned treatmentworks are currently regulated by pre-treatment standards. Where thesefacilities involve surface Impound-ments for hazardous waste, as definedIn Subpart A, such facilities are sub-ject to these proposed rules in addi-tion to the pretreatment standards.

Several cornmenters to previousdrafts of these proposed rules have ex-pressed concern that it is inappropri-ate to apply RCRA Subtitle C techni-cal and other standards to hazardouswaste inpoundments in an industrialwastewater treatment train subject topretreatment standards and/or aNPDES permit, especially for existingimpoundments which show no signs ofleaching to groundwater or of emis-sions to the air. In response to thesecomments, it should be noted thatthese proposed rules allow the owner/operator of any existing hazardouswaste impoundment which does notmeet all, the design and operatingstandards to show that such an i-

58993

poundment provides the same orgreater degree of performance (e.g..containment) as an impoundmentwhich meets the standards. Thus, if anowner/operator of an existing hazard-ous waste Impoundment can show bymonitoring and other means that theImpoundment does not leak or exceedair emission requirements, that im-poundment may be Issued a permiteven f It does not meet all the designand operating standards specifiedherein. The Agency solicits commenton this point with respect to existinghazardous waste impoundments.

Integration with BAT/PretreatmentStandards

Beat Available Technology (BAT)toxic effluent guidelines and pretreat-ment standards are being developedfor specif c industries under the CleanWater Act during the same time frameas these proposed rules. The Agencymay review the Subpart D facilitystandards on a case-by-case basis forthose Industries for which BAT andpretreatment standards are being de-veloped in order to ensure that thetwo programs together provide thegreatest environmental protection.Such evaluation would include consid-eration of compliance costs. At pre-sent, however, the proposed regula-tions apply to all industries, except asspecified in § 250.46.

Clean Air Act

Owners and operators of hazardouswaste management facilities mustcomply with all applicable standardspromulgated under the Clean Air Act.Where applicable, new source per-formance standards for industrial in-cinerators promulgated under Section111 of the Clean Air Act supersedeemission standards for hazardouswaste incineration established in theseSubpart D rules.

Toxic Substances Control Act

Final rules regarding disposal andmarking requirements for polychlori-nated biphenyls (PCB's) were promul-gated on February 17, 1978, pursuantto Section 6(e) of the Toxic Sub-stances Control Act (TSCA). Thoserules are intended to protect the envi-ronment from further contaminationresulting from improper handling anddisposal of PCB's.

The Agency is now considering var-ious options for the integration of theSubpart D standards and TSCA rulesfor disposal of PCB's and other specialchemicals. The options with respect tointegration of the PCB regulationswith the Subpart D standards are:

(1) Publish two sets of rules whichare totally independent;

(2) Specify that the PCB rules su-persede the Subpart D regulations inareas of overlap;

FEDERAL REGISTER, VOL43, NO. 243-MONDAY, DECEMBER 18, 1978



58994

(3) Amend the PCB rules tO makethem identical with the Subpart Dstandards in areas of overlap. Adminis-ter 'the two rules jointly, citing bothauthorities (TSCA and RCRA);

(4) Merge the PCB rules with theSubpart D standards and co-promul-.gate them;

(5) Specify that Subpart D regula-tions are independent of the PCB-rules, but integrate the permittingprocess.

The Agency's current position isthat the PCB disposal rules should bemerged with the Subpart D regula-tions and co-promulgated (Option 4).This will allow integrated implementa-tion via.RCRA permits and EPA/Statehazardous waste programs.

Similar options were considered forother specific toxic chemical disposalregulations which could be promulgat-ed under either TSCA or RCRA au-thority. The Agency's current plan isto amend Subpart D regulations whennecessary in the future when theAgency believes that special require-ments in addition to the Subpart Ddesign and operating standards arenecessary in order for a specific toxicchemical waste to be properly disposedQf.

The Agency requests comment onthe above options, and the positiontaken by the Agency with respect tothis issue.

COMPLIANCE AND PENALTIES

Failure to comply with these regula-tions or with permit conditions may.result in civil and/or criminal penal-ties of as much as $25,000 a day foreach day of violation, as specified inSection 3008 of the Act. A facilityowner and/or operator must complyfully with all applicable regulations inorder to receive a permit under Sub-part E or the permit must contain acompliance schedule for modifying the-facility to conform to the .Subpart Dstandards.

BACKGROUND DOCUMENTS

Twenty-seven (27) background docu-ments have been developed to supportthese proposed rules. All of these doc-uments are in draft form, and are sub-ject to change as new ilata: and infor-mation are" received. -These back-ground documents basically corre-spond to each section of the proposedrules. Copies of these documents willbe available for review in the EPA Re-gional Office libraries and the EPA li-brary reading room, Room 2404, Wa-terside Mall, 401 "M" Street, S.W.,Washington, D.C. Comments on thesedocuments are invited.

A list of these background docu-ments is as follows:

(1) Groundwater Human Health andEnvironmental Standard

PROPOSED RULES

(2) Surface Water Human Healthand Environmental Standard

(3) Air Human Health and Environ-mental Standard.

(4) General Facility Standards(5) General Site Selection(6) Security(7) Contingency Plan and Emergen-

cy Procedures(8) Training(9) Manifest System, Recordkeeping

and Reporting(10) Visual Inspections(11) Closure and Post-Closure(12) Groundwater and Leachate

Monitoring(13) Financial Requirements -(14) Standards for Storage(15) Standards for Treatment/Dis-

posal(16) Incineration(17) Landfills(18) Surface Impoundments(19) Basins(20) Landfarms

"'(21) Chemical, Physical, and Biologi-..cal Treatment Facilities

(22) Cement Kiln Dust Waste(23) Utility Waste(24) Phosphate Rock Mining, Benefi-

ciation, and Processing Waste(25) Uranium Mining Waste(26) Other Mining Waste(-27) Gas and Oil Drilling Muds and

Oil Production Brines

Economic, Environmenta, andRegulatory Impacts

In accordance with Executive Orders11821, as amended by Executive Order11949, and OMB Circular A-107, EPApolicy as stipulated in 39 FR 37419,October 21, 1974, and Executive Order12044, respectively, analyses of theeconomic, environmental, and regula-tory impacts are being performed forthe entirely of Subtitle C, HazardousWaste Management. Drafts of theseanalyses have been completed and willbe available for review by January 8,1979, in the EPA Regional Office I-briries and the EPA library readingroom, Room 2404, Waterside Mall, 401M Street, S.W.; Washington, D.C.Final versions of these documents willbe issued at the time of promulgation.

Dated: December 11, 1978.DOUGLAS M. COSTLE,

Administrator.

It is proposed to amend Title 40,CFR, Part 250 by adding a new Sub-part D consisting of §§ 250.40-250.46;Subpart E consisting of § 250.50; andSubpart F consisting of § 250.60 as fol-lows:

PART 250-HAZARDOUS WASTE GUIDELINESAND REGULATIONS

Subpart D-Slandards for Owners and Operators ofHazardous Waste Treatment, Storage and DisposalFacilities

See.250.40 Purpose, scope, and applicability,250.41 Definitions.250.42 Human health and environmental

standards.250.42-1 Groundwater human health and

environmental standard,250.42-2 Surface water human health and

environmental standard,250.42-3 Air human health and environ-

mental standard.250.43 General facility standards.250.43-1 General site selection.250.43-2 Security.250.43-3 Contingency plan and emergency

procedures.250.43-4 Training.250.43-5 Manifest system, recordkeeiplng,

and reporting.250.43-6 Visual Inspections.250.43-7 Closure and post-closure.250.43-8 Groundwater and leachate monl-

toring.250.43-9 Financial requirements.250.44 Standards for storage,250.44-1 Storage tanks.250.44-2 Containers.250.45 Standards for treatment/disposal.250.45-1 Incineration.250.45-2 Landfills.250.45-3 Surface impoundments.250.45-4 Basins.250.45-5 Landfarm250.45-6 'Chemical, physical, and biological

treatment facilities.250.46 Special waste standards.250.46-1 Cement kiln dust waste.250.46-2 Utility waste.250.46-3 Phosphate rock mining, beneficla.

tion, and processing waste.250.46-4 Uranium mining waste.250.46-5 Other mining waste.250.46-6 Gas and oil drilling muds and oil

production brines.FIGURE 1-Treatment, storage, and disposal

facility (TSDF) report.APPENDIX I-Incompatible waste.APPENDIX II-EPA interim primary and pro-

posed secondary drinking water stand.ards

APPENDIX III-Permissible exposure levelsfor airborne contaminants.

APPENDIX IV-Methods for determining soilpH.Subpart E-Permits for Treatment, Storage, or ,

Disposal of Hazardous Waste250.50 Reference.

Subpart F-Gudelines for Authorized StateHazardous Waste Programs

250.60 Reference.AuTuonrrY: Sees. 1006, 2002(a), 3004, 3005.

and 3006, Pub. L. 94-580, 00 Stat. 2802, 2804,2807 (42 U.S.C. 6905, 6912. 6924), 2808 (42U.S.C. 6925), and 2809 (42 U.S.C. 6926).

Subpart D-Standards for Owners and Opera.tors of Hazardous Waste Treatment,' Stor-age, and Disposal Facilities

§250.40 Purpose, scope, and applicability,

(a) The purpose of the requirementsin this Subpart is to establish mini-

FEDERAL REGISTER, VOL. 43, NO. 243-MONDAY, DECEMBER 18, 1978



mum national standards defining ac-ceptable hazardous management prac-tices applicable to owners and opera-tors of facilities which treat, store, anddispose of hazardous waste.

(b) In order to receive EPA approvalunder Subpart F (State Program Re-quirements), a State must demon-strate that its program contains stand-ards that are equivalent in degree ofcontrol to, and at least as stringent as,the standards contained in this, Sub-part. However, even where a State pro-gram is approved, EPA retains inde-pendent, authority to enforce the re-quirements in this Subpart pursuantto Section 3008 of the Act.

(c) Except as otherwise provided inthis paragraph, an owner/operator ofa facility that stores, treats, and/ordisposes of hazardous waste shallcomply withall of the ,applicable re-quirements of §§ 250.42, 250A3, 250.44,and 250.45 unless he is in compliance-with a current and effective permitissued by EPA pursuant to Subpart E.

(1) An owner/operator of a facilitythat treats, stores, and/or disposes of-any of the special wastes covered 'by§ 250.46 shall comply with the applica-ble requirements of § 250.46 with re-spect to the special waste.

(2) During the period of interimstatus, as identified in Section 3005 ofthe Act, an owner/operator of a facili-ty that treats, stores, and/or disposesof hazardous waste shall, at a mini-mum, cofaply with the following re-quirements, as applicable, for -activeportions of the facility.

(i) Security requirements under§ 250.43-2;

(ii) Contingency Plan and Emergen-cy Procedures requirements under§ 250.43-3;

(iii) Training requirements under§ 250.43-4;

(iv) Manifest System, Recordkeep-ing, and Reporting requirementsunder § 250.43-5;

(v) Visual Inspection requirementsunder § 250.43-6;

(vi) Closure 'and Post-Closure re-quirements under § 250.43-7(a,bd,e,f,g,h,j,k,l, and in);

(vii) Groundwater and LeachateMonitoring requirements under§ 250.43-8 Cc) and (d), where a facilityhas a groundwater and/or leachatemonitoring system in place.

(viii) Financial Requirements in lieuof § 250.43-9 as follows:'-(A) On the effective date of thesb

regulations, each owner/operator of afacility receiving hazardous wasteshall provide a cash deposit equal tothe entire amount of the estimatedclosure costs of the facility in a trustfund designated "in trust for closureof (facility name)". Upon granting of apermit under Subpart E, this fund willbe incorporated into the required fundunder § 250.43-9(a)C1)(ii). Any excess

PROPOSED RULES

shall be refunded at that time. Shouldclosure occur prior to permittingunder Subpart E, upon completion ofall closure requirements providedunder this section, any excess fundsshall be reimbursed to the owner/op-erator upon written concurrence bythe Regional Administrator.

(B) On the effective date of theseregulations, each owner/operator of adisposal facility receiving hazardouswaste shall estimate the cost of com-plying with the post-closure monitor-ing and maintenance requirementsunder § 250.43-7. and shall establish afund in accordance with this estimatein the same manner as is prescribed in§ 250.43-9(a)(2)(i). Upon granting of apermit under Subpart E, this fund willbe incorporated into the fund requiredunder § 250.43-9(a(2)(U) and the pay-ment rates thereon shall be adjustedas may be appropriate. Should closureoccur prior to permitting under Sub-part E, reimbursement of post-closurecosts shall be In accordance with§ 250.43-9(a)(2)(lii).

(C) Regulations under § 250.43-9(a)(3) shall apply during interimstatus.

(D) If the owner/operator can dem-onstrate that full compliance with theclosure and post-closure financial re-sponsibility requirements of para-graphs (A) brd (B) above would renderthe facility owner/operator Insolvent,the Regional Administrator may con.sider the financial status of the faci-ty to be a mitigating factor, and mayenter into a written agreement withthe owner/operator for partial compli-ance with the financial responsibilityrequirements of this section.

(ix) Standards for Storage require-ments under § 250.44(b?, (h), and (1).

x) Storage Container requirementsunder § 250.44-2(a), (b), (d). (). and(g).

(xi)0 Standards for Treatment/Dis-posal requirements under § 250.45(a)and (b).

(xii) Landfill I requirements under§ 250.45-2(b) (3; 4, and 5), (c). and (d).(xiii) Surface Impoundment require-ments under § 250.45-3(d) (3, 5, and 6).and (e).

(xiv) Basin requirements under§ 250.45-4(h).

(xv) Landarm requirements under§ 250.45-5 (g), and

(xvi) Chemical, Physical, and Bio-logical Treatment Facilities require-ments under § 250.45-6(i).

(3) Owners/operators of publiclyowned treatment works (POTW)which receive hazardous waste bytruck or rail are exempt from all re-quirements of this Subpart except therequirements of § 250.43-5(a).

(4) Except as otherwise provided inparagraphs (3) and (5), every facilityowner/operator shall apply to EPA foran identification code before corn-

58995

mencing hazardous waste treatment,storage, or disposal activities in ac-cordance with the procedures of§§ 250.822 and 250.823 in Subpart G.

(5) An owner/operator of a solidwaste management facility which onlyreceives hazardous waste from personssubject to § 250.29 in Subpart B isexempt from the requirementsof thisSubpart.

(6) An owner/operator (1) of afiy fa-cility treating, storing, or disposing ofsolid waste which receives waste whichis not manifested under Subpart B ofthis Part, and is not certified underSubpart C as coming from generatorscovered by § 250.29. and is in a quanti-ty greater than 100 kilograms, and (2)who knows or has reason to believethat the waste is or may be hazardousshall report to the Regional Adminis-trator the names, addresses and identi-fication numbers (if known) of thegenerator and the transporter of thewaste.

(d) The Regional Administratorshall use the requirements of this Sub-part as the basis for.

(1) Assessing the equivalency of aState hazardous waste program inmaking determinations to approvesuch programs pursuant to Subpart F,and

(2) Issuing, reissuing or revising per-mits pursuant to Subpart F..

(i) The Regional Administrator shallincorporate each of the applicable re-quirements of §§ 250.43, 250.44, and250.45 as conditions in each permitexcept;

(A) where the Regional Administra-tor determines that the requirementswill not achieve compliance with therequirements of § 250.42, in whichcase, the Regional Administrator shallsubstitute and incorporate in thepermit more stringent requirementswhich will achieve compliance withthe requirements of § 250.42, or

(B) where the Regional Administra-tor substitutes and Incorporates an al-ternative requirement in the permit inaccordance with paragraph (I!).

(ii) The Regional Administrator maysubstitute and incorporate an alterna-tive requirement n the permit only ifthe alternative requirement-

(A) Is authorized by a note immedi-ately following the requirement forwhich it Is to be substituted, and

(B) Provides the same or greaterdegree of performance as the require-ment for which it Is to be substitutedpursuant to criteria prescribed in thenote.

ii) For permits that the RegionalAdministrator has issued, he shall usethe requirements of this Subpart as abasis for reopening permits for revi-sion and relssuance in accordance withSubpart E, where he has evidenceshowing that compliance with the re-quirements of this Subpart.




58996

(3) Bringing enforcement actionsagainst a facility that: -

(i) Has a State issued permit or li-cense pursuant to authority underSubpart F, but where there is evidencethat.compliance with-such permit orlicense will not provide compliancewith the standards of this Subpart, or

(ii) Does not have a permit or apending permit application..

(e) The requirements contained inthese regulations do not apply to thefollowing: . I

(1) Solid or dissolved materials in do-mestic sewage;

(2) Solid or dissolved materials" in ir-rigation return follows;

(3) Industrial discharges which arepoint sources subject to permits underSection 402 of the Clean Water Act;

(41 Source, special nuclear, or by-product material as defined by theAtomic Energy Act of 1954,'as amend-ed;

(5) Point source air emissions regu-lated under the authority of Sections111 and 112 of the Clean Air Act, asamended;

(6) The disposal of hazardous wastevia underground injection pursuant toSafe Drinking Water Act (SDWA) reg-ulations; or

(7) The disposal of hazardous wastevia ocean disposal pursuant to MarineProtection, Research, and SanctuariesAct (MPRSA) regulations.

§ 250.41 Definitions.(a) When used in this Subpart, the

following terms have the meaningsgiven in the Act:

(1) "Administrator"-Sec. 1004(1)(2) "disposal"-Sec. 1004(3)(3) "Federal Agency"-Sec. 1004(4)(4) "hazardous waste manage-

ment"-Sec. 1004(7).(5) "open dump"--Sec. 1004(14)(6) "person"-Sec. 1004(15)(7) "resource recovery"-Sec.

1004(22)(8) "sanitary landfill"-Sec. 1004(26)(9) "sludge"-Sec. 1004(26A)(10) "solid waste"-Sec. 1004(27)(11) "solid waste management"-Sec.

1004(28)(12) "solid waste management facili-

ty"-Sec. 1004(29)(13) "State"-See. 1004(31)(14) "storage"-Sec. 1004(33)(15) "treatment"-See. 1004(34)(b) Other terms used in this Subpart

have the following meanings:(1) "Act" medns the Resource Con-

servation and Recovery Act of 1976,Public Law 94-580.

(2) "Active Fault Zone"- means aland area which, according to theweight of the geologic evidence, has areasonable probability of being affect-ed by movement along a fault to theextent that a hazardous waste facilitywould be damaged and thereby pose a

PROPOSED RULES

- threat to human health andthe envi-ronment.

(3) "Active Portion" means that por-.tion of a facility, where treatment,storage, or disposal operations arebeing conducted. It includes the treat-ed area of a landfarm and the activeface of a landfill, but does not includethose portions of a facility which havebeen closed in accordance with the fa-cility closure plan and all applicableclosure standards.

(4) "Annular Space" means thespace between-the bore hole and thecasing. A bore hole is the man-made-hole in a geological formation for in-stallation of a monitoring well.

(5) ' Aquifer" means a geologic for-mation, group of formations, or partof a formation that is capable of yield-ing useable quantities of groundwaterto wells or springs.

(6) "Attenuation" means any de-crease in the maximum concentrationor total quantity of an applied chemi-cal or biological constituent in a fixedtime or distance traveled resultingfrom a physical, chemical, and/or bio-logical reaction or transformation oc-curring in thezone of aeration or zoneof saturation.

(7) "Basin"- means any uncovereddevice constructed'of artificial materi-als, used to retain wastes as part of atreatment process, usually with a ca-pacity of less than 100,000 gallons. Ex-amples of basins include open mixingtanks, clarifiers, and open settlingtanks.

(8) "Cell" means a portion of wastein a landfill which is isolated horizon-tally and vertically from other por-tions of waste, in the landfill by meansof a soil barrier which meets criteriaspecified in Section 250.45-2(b) (14).

(9) "Chemical Fixation" means thetreatment process involving (reactionsbetween the waste and certain chemi-cals, resulting in solids which encapsu-late, immobilize or otherwise tie uphazardous components in the waste soas to minimize the leaching of hazard-ous components and render the wastenonhazardous or. more suitable for disi-posal.

(10) "Close Out" means the point in.time at *hich facility owners/opera-tors discontinue operation by ceasingto accept hazardous waste for .treat-ment, stol'age, or disposal.

(11) "Closed Portion" means thatportion of a facility which has beenclosed in accordance with the facilityclosure plan and all applicable closurerequirements in this Subpart.

(12) "Closing Date" means the datewhich marks the end of a reportingquarter or reporting year.

(13) "Closure" means the act of se-curing a facility pursuant to the re-quirements of Section 250.43-7.

(14) "Closure Procedures" means themeasures which must be taken to

-effect closure In accordance with therequirements of Section 250.43-7 by afacility owner/operator who no longeraccepts hazardous waste for treat-ment, storage, or disposal.

(15) "Coastal High Hazard Area"means the area subject to high veloc-ity waters, including, but not limitedto, hurricane, wave wash or tsunamisas designated on Flood Insurance RateMaps (FIRM) as zone VI-30.

(16) "Combustion Zone" means thatportion of the internal capacity of anincinerator where the gas tempera-tures of the materials being burnedare within 100°C of the specified oper-ating temperature.

(17) "Common Code" means theunique code assigned by the ChemicalAbstract Services to each EPA hazard-ous waste and to each DOT hazardouswaste material listed In Section 250.14of Subpart A.

(18) "Container" means any portableenclosure in which a material can bestored, handled, transported, treated,or disposed.

(19) "Contamination" means thedegradation of naturally occurringwater, air, or soil quality either direct-ly or indirectly as a result of man's ac-tivities.1 (20) "Contigency Plan" means an or-ganized, planned, and coordinatedcourse of action to be followed In theevent of a fire, explosion, or dischargeor release of waste Into the environ-ment which has the potential for en-dangering human health or the enVi.ronment.

(21) "Cover Material" means soil orother material that Is used to coverhazardous waste.

(22) "Delivery Document" means. ashipping paper, bill of lading, waybill,dangerous cargo manifest, 'or othershipping document, used In lieu of theoriginal manifest to fulfill the record-keeping requirement of § 250.33 ofSubpart C.

(23) "Direct Contact" means thephysical Intersection between thelowest part of a facility (e.g, thebottom of a landfill, a surface Im-poundment liner system or a naturalin-place soil barrier, including leachatedetection/removal systems) and awater table, a saturated zone, or anunderground drinking water source, orbetween the active portion of a facilityand any navigable water.

(24) "Disposal Facility" means anyfaqility which disposes' of hazardouswaste.

(25) "Endangerment" means the in-.troduction of a substance into ground-water so as to:

(i) Cause the maximum allowablecontaminant levels established in theNational Primary Drinking Waterstandards in effect as of the date ofpromulgation of this Subpart to be ex-ceeded in the groundwater; or




PROPOSED RULES

(ii) Require additional treatment ofthe groundwater in order not toexceed the maximum contaminantlevels established in any promulgatedNational Primary Drinking Water reg-ulations at the point such water isused for human consumption; or

(iii) Reserved (Note: Upon promulga-tion of revisions to the Primary Drink-ing Water Standards and NationalSecondary Drinking Water Standardsunder the Safe Drinking Water Actand/or standards for other specificpollutants as may be appropriate).

(26) "EPA" means the U.S. Environ-mental Protection Agency.

(27) "EPA Region" means the Statesand other jurisdictions in the ten EPARegions as follows:Region I-Maine, Vermont, New Hampshire,

Massachusetts, Connecticut, and RhodeIsland.

Region f-New York, New Jersey, Com-monwealth of Puerto Rico, and the U.S.Virgin Islands.

Region Ill-Pennsylvania, Delaware, Mary-land, West Virginia, Virginia, and the Dis-trict of Columbia.

Region IV-Kentucky. Tennessee, NorthCarolina, Mississippi, Alabama, Georgia,South Carolina, and Florida.

Region V-Minnesota, Wisconsin, Illinois,Michigan, Indiana, and Ohio.

Region VI-New Mexico, Oklahoma, Arkan-sas, Louisiana, and Texas.

Region VII-Nebraska, Kansas. Missouri,and Iowa.

Region VIII-Montana, Wyoming, NorthDakota, South Dakota, Utah,-and Colora-do.

Region IX-California; Nevada, Arizona,Hawaii, Guam, American Samoa, and theCommonwealth of the Northern MarlanaIslands.

Region X-Washington, Oregon, Idaho, andAlaska.(28) "Facility" means any land and

appurtenances, thereon and thereto,used for the treatment, storage, and/or disposal of hazardous waste.

(29) "Fertilizer" means any sub-stance containing one or more recog-nized plant nutrient(s) which is usedfor its plant nutrient content, andwhich is designed for use or claimed tohave value ii promoting plant growth.

(30) "Final Cover" means cover ma-terial that is applied upon closure of a-landfill and is permanently exposed atthe surface.

(31) "Five-Hundred-Year Flood"means a flood that has a 0.2 percent orone in 500 chance of recurring in anyyear. In any given- 500-year interval,such a flood may not occur, or morethan one such flood may occur.

(32) "MFlash Point" means the mini-mum temperature at which a liquid orsolid gives off sufficient vapor to forman ignitable vapor-air mixture nearthe surface of the liquid or -solid. Anignitable mixture is one that, when ig-nited, is capable of the initiation andpropagation of flame away from thesource of ignition. Propagation of

flame means the spread of the. flamefrom layer to layer independent of thesource of Ignition.

(33) "Food Chain Ciops" means to-bacco; crops grown for human con-sumption; or crops grown for pasture,forage or feed grain for animals whoseproducts are consumed by humans.

(34) "Floodplain" means the lowlandand relatively flat areas adjoininginland and coastal areas of the main-land and off-shore islands, including,at a minimum, areas subject to a onepercent or greater chance of floodingin any given year.

(35) "Freeboard" means the verticaldistance between the average maxi-mum level of the surface of waste In asurface impoundment, basin, opentank, or other containment and thetop of the dike or sides of an impound-mnent, basin, open tank, or other con-tainment.

(36) "Fugitive Emissions" means aircontaminant emissions which are notplanned and emanate from sourcesother than stacks, ducts, or vents orfrom non-point emission sources.

(37) "Generator" means any personor Federal Agency whose act or proc-ess produces hazardous waste Identi-fied or listed under Subpart A; pro-vided, however, that certain producersmay or may not be generators depend-ing on whether they meet the criteriaspecified in Section 250,29 of SubpartB.

(38) "Groundwater" means water inthe saturated zone beneath the landsurface. -

(39) "Hazadous Waste" has themeaning given in Section 1004(5) ofthe Act as further defined and Identi-fied in Subpart A.

(40) "Hazardous Waste Facilty Per-sonnel" means all persons who work ata hazardous waste treatment, storage,or disposal facility, and whose actionsor failure to act may result In damageto *human health or the environment.

(41) "Hazardous Waste Landfill"means an area in which hazardouswaste is disposed of in accordance withthe requirements of § 250.45-2.

(42) "Hydraulic Gradient" meansthe change in hydraulic pressure perunit of distance in a given direction.

(43) "Identification Code" means theunique code assigned by EPA to eachgenerator, transporter, and treatment,storage, or disposal facility, pursuantto regulations published in § 250.40(c)herein and Subpart G.

(44) "Incinerator" means an engi-neered device using controlled flamecombustion to thermally degrade haz-ardous waste. Examples of devicesused for incineration include rotarykilns, fluidized beds, liquid injectionincinerators, cement kilns, and utilityboilers.

(45) "Incompatible Waste" means awaste unsuitable for commingling with

another waste or material, because thecommingling might result in:

(I) Generation of extreme heat orpressure,

(i) Fire,(l) Explosion or violent reaction,(iv) Formation of substances which

are shock sensitive friction-sensitive,or otherwise have the potential ofreacting violently,

(v) Formation of toxic (as defined inSubpart A) dusts, mists, fumes, gases,or other chemicals, and

(vi) Volatilization of ignitable ortoxic chemicals due to heat genera-tion, in such a manner that the likeli-hood of contamination of ground-water, or escape of the substances intothe environment, is-increased, or

(vii) Any other reactions whichmight result in not meeting the AirHuman Health and EnvironmentalStandard. (See Appendix I for moredetails.)

(46) "Landfarming of a Waste"means application of waste onto landand/or incorporation into the surfacesoil, including the use of such waste asa fertilizer or soil conditioner. Syn-onyms include land application, landcultivation, land irrigation, landspreading, solfarming, and soil incor-poration.

(47) "Leachate" means the liquidthat has percolated through ordrained from hazardous waste or otherman emplaced materials and containssoluble, partially soluble, or misciblecomponents removed from such waste.

(48) "Leachate Collection and Re-moval' System" means a system capa-ble of collecting leachate and/or liq-uids generated within a hazardouswaste landfill, and removing the lea-chate and/or liquids from the landfill.The system is placed or constructedabove the landfill liner system.

(49) "Leachate Detection System"means a gravity flow drainage systeminstalled between the top and bottomliners of a surface impoundment capa-ble of detecting any leachate thatpasses through the top liner.

(50) "Leachate Detection and Re-moval System" means a, system capa-ble of detecting the presence of lea-chate and/or liquids beneath -thebottom liner system of a landfill, andis capable of periodically removing lea-chate and/or liquids if found or knownto be present.

(51) "Leachate Monitoring System"means a system beneath a facility usedto monitor water quality in the un-saturated zone (zone of aeration) asnecessary to detect leaks from land-fills and surface impoundments. (Forexample, a pressure-vacuum lysimetermay be used to monitor water qualityin the zone of aeration.)

(52) "liner" means a layer of em-placed materials beneath a surface im-poundment or landfill which serves to


58997



58998

restrict the escape of waste or its con-stituents from the impoundment oflandfill.

(53) "Manifest" has the meaninggiven in Section 1004(12) of the Act asfurther defined and specified in Sub-part B.. (54) "Manifest Document Number"means the serially increasing numberassigned to the manifest by the gener-ator for recordkedping and reportingpurposes.

(55) "Monitoring" means all proce-dures used to systematically inspectand collect data on operational param-eters of the facility or on the qualityof the air, groundwater, surface water,or soils.

(56) "Monitoring-Well" means a wellused to obtainwater samples for waterquality analysis or to measure ground-water levels.

(57) "Navigable Waters" means"waters of the United States, includ-ing the territorial seas". This term in-cludes, but is not limited to:

(i) All waters which-are presentlyused, or were used in the past, or maybe susceptible to use in interstate orforeign commerce, including all waterswhich are subject to the ebb and flowof the tide, intermittent streams, andadjacent wetlands.: "Wetlands" meansthose areas that are inundated or satu-rated by surface or ground water at afre'quency and duration sufficient tosupport, and that under normal, cir-cumstances do support, a prevalenceof vegetation typically adapted forlifein saturated soil conditions. Wetlandsgenerally include swamps, marshes,bogs, and similar areas such assloughs, prairie potholes, wet mead-ows, prairie river overflows, mudflats,'and natural ponds.(MY Tributaries of navigable waters

of the United States, including adja-cent wetlands;

(iiI) Interstate waters, including wet-lands; and

(iv) All other waters of the UnitedStates, such as intrastate lakes, rivers,streams, mudflats, sandflats, and wet-lands, the use, degradation or destruc-tion of which would affect or couldaffect interstate commerce; including,but not limited-to:

(A) Intrastate lakes, rivers, streams,and wetlands which are or could beused by interstate travelers for recre-ational or other purposes;

(B) Intrastate lakes, rivers, istreams,and wetlands from which fish or shell-fish are or could be taken and sold ininterstate commerce; and

(C) Intrastate lakes, rivers, streams,and wetlands which are used or couldbe used for industrial purposes by in-dustries in interstate commerce.

(v) All impoundments of waters, ofthe United States otherwise- defined, asnavigable waters under this para-graph.

PROPOSED RULES

(58) "Non-Point Source" means asource from which pollutants emanatein an unconfined and unchannelled

- manner, including, but not limited to,the following:

(i) For non-point sources of water ef-fluent, this includes those sourceswhich are not controllable throughpermits issued pursuant to Sections301 and 402 of the Clean Water Act.Non-point source water pollutants arenot traceable to a discrete identifiableorigin, but result from natural process-es, such as nonchannelled run-off, pre-cipitation; drainage, or seepage.. (ii) For non-point sources of air con-taminant emissions, this normally in-cludes any landfills, landfarms, sur-face impoundments, and basins. "

(59) "On-site" means on the same orgeographically contiguous property.Two or more pieces of property whichare geographically contiguous and aredivided-by public or private right(s)-of-way are considered a single site. -

(60) "Open Burning" means ^thecombustion of any material withoutthe following characteristics:

(I) Control of combustion air tomaintain adequate temperature for ef-ficient combustion,

(ii) Containment of the combustion-reaction in an enclosed device to pro-vide sufficient residence time andmixing for complete combustion, andI (i) Emission of the gaseous combus-tion products through a stack duct orvent adequate for both visual monitor-ing and point source sampling.

-(61) "Owner/Operator" means theperson who owns the lndon which afacility is located and/or the Iersonwho is responsible for-the overall oper-ation of the facility.

(62) "Partial Closure Procedures"means the measures which must betaken by facility owners/operatorswho no longer accept hazardous wastefor treatment, storage, or disposal on aspecific portion of the site.

(63) "Permitted hazardous Wastemanagement facility (or permitted fa-cility)" means a hazardous waste treat-ment, storage, or disposal facility thathas received an EPA permit in accord-ance with the requirements of SubpartE or a permit from a State authorizedin accordance with Subpart F.

(64) "Point Source" means any dis-cernible, confined, and discrete con-veyance, including, but not ldiited to,the following:

(i) For point sources of water efflu-ent, iny pipe, ditch, channel, tunnel,conduit, well, discrete fissure, contain-er, rolling stock, concentrated feedingoperation, vessel, or other floatingcraft from which pollutants are ormay be discharged; and

(ii) For point sources of air contami-nant emissions, any stack, duct, orvent from which pollutants are ormaybe discharged.

(65) "Post-Closure Care" means themonitoring and facility maintenanceactivities conducted after closure,

(66), "Publicly Owned TreatmentWorks" or, "POTW" means a treat-ment works as defined In Section 212of the Clean Water Act (CWA), whichIs owned by a State or municipality (asdefined by Section 502(40) of theCWA). This definition includes anysewers that convey wastewater to sucha treatment works, but does not in-clude pipes, sewers, or other convey-ances not connected to a facility pro.viding treatment. This term alsomeans the municipality as defined InSection 502(4) of the CWA, which hasjurisdiction over the indirect dis-charges to, and the discharges from,such a treatmentworks.

(67) "Reactive Hazardous Waste"means hazardous waste defined by§ 250.13(c)(1) of Subpart A.

(68) "RYecharge Zone" means an areathrough which , water enters anaquifer.

(69) "Regional Administrator"means the Regional Administrator forthe Environmental Protection AgencyRegion n which the facility concernedis located, or his designee.

(70) "Regulatory Floodway" meansthe channel of a river or other water-course and the adjacent lahd areas.that must be reserved in order to dis-charge the 100-year flood without cu-mulatively increasing the water sur-face elevation more than a designatedheight.

(71) "Reporting Quarter" means thethree (3) month time period coveredby each quarterly report; the report-ing quarters end on the last day ofMarch, June, September, and Decem-ber.

(72) "Reporting Year" means the-twelve month time period covered byeach annual report; the reporting yearends on the last day of September.

(73) "Representative Sample" meansa sample having average characteris-tics of all groundwater in the aquiferbeneath the facilty.

(74) "Retention Time" means thetime hazardous waste is subjected tothe combustion zone temperature.

(75) "Run-off" means that portionof precipitation that drains over landas surface flow.

(76) "Saturated Zone (Zone of Satu-ration)" means that part of the earth'scrust in which all voids are filled withwater.

(77) "Scavenging" means the unau-thorized or uncontrolled removal ofhazardous waste materials from a fa-cility.

(78) "Secondary Container" means astorage device into which a containercan be placed for the purpose of con-taining any leakage of 'hazardouswaste from such emplaced container.




PROPOSED RULES

(79) "Spill" means any unplanneddischarge or release of hazardouswaste onto or into the land, air orwater.

(80) "Soil Barrier" means a layer ofsoil of a minimum of 1.5 meters (5feet) in thickness with a permeabilityof 1 x 10-7 cm/sec or less which is usedin construction of a landfill or a sur-face impoundment.

(81) "Soil Conditioner" means anysubstance added to the soil for thepurpose of improving the soil's physi-calpro~erties by increasing water con--tent, increasing water retention, en-hancing aggregation, increasing soilaeration, improving permeability, in-creasing infiltration, or reducing sur-face crusting.

(82) "Sole Source Aquifers" meansthose aquifers designated pursuant toSection 1424(e) of the Safe DrinkingWater Act of 1974 (Pub. L. 93-523)which solely or principally supplydrinking water to a large percentageof a populated area.

(83) "Storage Facility" means anyfacility which stores hazardous waste,except for generators who store theirown waste on-site for less than 90 daysfor subsequent transport off-site, inaccordance with regulations in Sub-part B.

(84) "Storage Tank" means anymanufactured non-portable covereddevice used for containing pumpable-hazardous waste.

(85) "Surface Impoundment" meansa natural topographic depression, arti-fical excavation, or dike arrangementwith the following characteristics: (iIt is used primarily for holding, treat-ment, or disposal of waste; (i) it maybe constructed above, below, or par-tially in the ground or in navigablewaters (e.g., wetlands); and (iiI) it mayor may not have a permeable bottomand/or sides. Examples include hold-ing ponds and aeration ponds.

(86) "Training" means formal in-struction, supplementing an employ-ee's existing job knowledge, designedto protect human health and the envi-ronment via attendance and successfulcompletion of a course of instructionin hazardous waste management pro-cedures, including contingency planimplementation, relevant to those op-erations connected with the employ-ee's position at the facility.

(87) "Transporter" means a person(5r Federal Agency engaged in thetransportation of hazardous waste byair, rail, highway, or water.

(88) "Treated Area of a Landfarm"means that portion of a landfarm thathas had hazardous waste applied to it,to include the zone of incorporation.

(89) "Treatment Facility" means anyfacility which treats hazardous waste.

(90) "Triple Rinsed" refers to a con-tainer which has been flushed threetimes, each time using a volume of di-

luent at least equal to ten percent ofthe container's capacity.

(91) "True Vapor Pressure" meansthe pressure exerted when a solidand/or liquid is In equilibrium with Itsown vapor..The vapor pressure is afunction of the substance and of thetemperature.

(92) "24-hour, 25-year Storm" meansa storm of 24-hour duration with aprobable recurrence interval of once intwenty-five years as defined by theNational Weather Service in TechnicalPaper Number 40, "Rainfall Frequen-cy Atlas of the United States", May1961. and subsequent amendments, orequivalent regional or State rainfallprobability information developedtherefrom.

(93) "Unsaturated Zone (Zone ofAeration)" means the zone betweenthe land surface and the nearest'satu-rated zone, in which the interstices areoccupied partially by air.

(94) "United States" means the 50States, District of Columbia, the Com-monwealth of Puerto Rico, the VirginIslands, Guam, American Samoa, andthe Commonwealth of the NorthernMariana Islands.

(95) "Underground Drinking WaterSource" (UDWS) means:

(i) An aquifer supplying drinkingwater for human consumption, or

(ii) An aquifer inwhich the ground-water contains less than 10,000 mg/1total dissolved solids; or

(iII) An aquifer designated as suchby the Administrator or a State.

(96) "Underground Non-DrinkingWater Source" means an undergroundaquifer which is not a UDWS.

(97) "Vapor Recovery System"means a vapor gathering system capa-ble of collecting vapors and dischargedgases and a vapor processing systemcapable of processing such vapors andgases so as to prevent emission of con-taminants to the atmosphere.

(98) "Volatile Waste" means wastewith a true vapor pressure of greaterthan 78 m Hg at 25" C.

(99) "Water Table" means the uppersurface of the zone of saturation Ingroundwaters in which the hydrostaticpressure is equal to atmospheric pres-sure.

(100) "Wetlands" means those areasthat are inundated or saturated bysurface water or groundwater at a fre-quency and duration sufficient to sup-port, and under normal circumstancesdo or would support, a prevalence ofvegetation typically adapted for life insaturated or seasonally saturated soilconditions. Wetlands generally includeswamps, marshes, bogs, and similarareas, such as sloughs, potholes, wetmeadows, river outflows, mudflats,and natural ponds.

(101) "Zone of Incorporation" meansthe depth to which the soil on a land-

58999

farm Is plowed or tilled to receivewaste. I

§ 250.42 Human health and environmentalstandards.

§ 250.42-1 Groundwater human healthand environmental standard.

All facilities shall be located, de-signed, constructed, and operated insuch a manner as to prevent:

(a) Endangerment of an Under-ground Drinking Water Source beyondthe facility property boundary, or

(b) Endangerment of an aquiferwhich is designated as a sole or princi-pal soure aquifer according to Section1424(e) of the Safe Drinking WaterAct of 1974 °(Pub. L. 93-523, 88 Stat.1661, 1678, 42 U.S.C. 300f, 3OOh-3(e)).

§250.42-2 Surface water human healthand environmental standard.

All facilities shall be located, de-signed, constructed, and operated insuch a manner as to prevent any sur-face or sub-surface discharge from thefacility into navigable waters fromcausing a violation of Water QualityStandards promulgated or approvedunder Section 303 of the Clean WaterAct, or a violation of the controls onthe discharge of oil or hazardous sub-stances under Section 311 of the CleanWater Act.

§ 250.42-3 Air human health and environ-mental standard.

All facilities shall be located, de-signed, constructed, and operated insuch a manner as to prevent air emis-sions from such facilities from causinga violation of standards or regulationspromulgated pursuant to Sections 110,111, and 112 of the Clean'Air Act.

§ 250.43 General facility standards.(a) All facilities with point source

discharges to navigable waters, includ-ing discharges from leachate collectionsystems and/or surface water run-offcollection systems, shall comply withall applicable regulations promulgatedunder the Clean Water Act (Pub. L.92-500, as amended by Pub. L. 95-217).Additionally, facilities with dischargesto municipal sewer systems shall meetapplicable Clean Water Act pretreat-ment standards and have the approvalof the municipal treatment system au-thority for that discharge.

(b) Diversion structures to divert allsurface water run-off from the activeportions of a facility for the 24-hour,25-year storm shall be constructed,properly maintained and operated.

Nom.-Owners/operators do not need toconstruct such diversion structures if theycan demonstrate, at the time a permit isIssued under Subpart E, that surface waterrun-off will not enter the facility and comeInto contact with the hazardous waste.




PROPOSED RULES

(c) Surface water run-off up to thequantity anticipated from a 24-hour,25-year storm from active portions of afacility shall be collected and confinedto a point, source before discharge ortreatment, as may be required by regu-lations promulgated under the CleanWater Act (Pub. L. 92-500, as amendedby Pub. L. 95-217).

NoTE.-Owners/operators do~not have tocollect and confine surface water run-offfrom active portions of a facility if they candemonstrate that alternative non-pointsource control procedures will provide thesame or greater degree of protection fromsurface water or groundwater pollution.

(d) Owners/operators shall not allowopen burning of hazardous waste.

NoTE.-Open burning of hazardous wastemay be permitted provided that the owner/operator can demonstrate that alternativetreatment and disposal methods, includingrecycling or salvaging of materials, havebeen evaluated and determined to be techni-cally or economically infeasible, or that thetransport, treatment, and disposal of suchwaste poses a greater risk to human healthor the environment than open burning.

(e) Any person who generates or re-moves a hazardous waste from a facili-ty shall comply with the requirementsof Subpart B.

(f) All owners/operators shall obtaina detailed chemical and physical anal-ysis of each hazardous waste handledat the facility at the time of initiatingmanagement of the hazardous waste.This analysis shall identify the haz-ardous characteristics of the wastewhich must be known to enable theowner/operator to comply with the re-quirements of this Subpart, or withthe conditions of a permit issuedunder the provisions of Subpart E.

Nor.-The chemical and physical analy-- sis may be limited based upon the method

of treatment, storage, and/or disposal, andupon existing available evidence regardingthe waste's composition.

(g) The detailed analysis of each"waste stream shall be obtained or re-peated as necessary by the owner/op-erator. (For example, a minimal analy-sis (pursuant to paragraph (h) below)of the waste might indicate a changein the waste stream characteristics, orthe owner/operator might becomeaware of a modification in the manu-facturing process generating thewaste), The detailed ,waste samplingfrequency shall be no less than annu-ally.

(h) All owners/operktors shallsample each truckload or other ship-ment or batch of hazardous waste, des-ignated. for treatment, storage, or dis-posal at the facility. Each sample, at aminimum, shall be analyzed for thefollowing properties:

(i) Physical appearance, such ascolor and physical state (e.g., liquid,solid, semi-solid) .

(1i) Specific gravity

(iii) pH(iv) Vapor pressure, if applicable.NoTE.-In'the case of on-site facilities, less

frequent sampling and analysis may be al-lowed if the owner/operator can demon-strate that no loss in control over facilityoperations will'occur.

i) Owners/operators shall close, inaccordance with the requirements of§250.43-7, all portions of a facility.which does not comply with the appli-cable requirements of this Subpart.

C) All owners/operators shallcomply with applicable requirementsof State Water Quality ManagementPlans approved by the Administratorunder Section 208 of the Clean WaterAct (Pub. L. 92-500, as amended byPub. L. 95-217).(k) Non-point source discharges

from facilities into navigable watersshall not cause or contribute to theviolation of water quality standardspromulgated or approved under Sec--tion 303 of the Clean Water Act (pub.L. 92-500, as amended by Pub. L. 95-217).

§ 250.43-1 General site selecti9 n.(a) Facilities shall not be located in

an active fault zone.(b) In accordance with Executive

Order 11988, "Floodplain Manage-ment", a facility shall not be locatedin a "regulatory floodway" as adoptedby communities participating in theNational Flood Insurance Program(NFIP) managed by the Federal Insur-aice Administration (FIA) of the U.S.Department of Housing and UrbanDevelopment. In cases where regula-tory floodways have not- been desig-nated by the FIA, the owner/operatorshall obtain an analysis, using PIA-ap-proved methods, to determine whetherthe facility is located within a non-reg-ulatory floodway (i.e., a floodwaywhich is currently not regulated bythe FIA). A facility shall not be locat-ed in an area determined by the analy-sis to be a regulatory floodway.(c) In accordance with Executive

Order 11988, "Floodplain Manage-ment", a facility shall not be locatedin a "coastal high hazard area" as de-fined on a Flood Insurance Rate Map(FIRM) by the FA. In cases where acoastal high hazard area has not beendesignated by the FTA, the facilityowner/operator shall obtain an analy-sis, using PiA-approved methods, todetermine whether the facility is lo-cated within, a coastal high hazardarea. A facility shall not be located inan area determined by the analysis tobe a coastal.high hazard area.

NorT"A facility may be located' in acoastal high hazard area if It can be demon-strated that the facility is designed, con-structed, operated and maintained so thatthe facility will not be inundated by highvelocity waters, including but not limited to

hurricane wave Wyash or tsunamis, designat-ed on Flood Insurance Maps as zone VI-30.

(d) In accordance with ExecutiveOrder 11988, "Floodplain Manage-ment", a facility shall not be locatedin a 500-year floodplain.

Nor.-A facility may be located In a 500-year floodplain if It cdn be demonstrated, atthe time a permit is issued pursuant to Sub-part E. that the facility Is designed, con-structed, operated, and maintained so thatit vll not be inundated by a 500-year flood,

(e) In accordance with ExecutilveOrder 11990, "Protection of Wet-lands", a facility shall not be locatedin a wetland.

NoTE.-A facility may be located In wet,.lands if:

(1) The owner/operator obtains a Nation.al Pollutant Discharge Elimination Systempermit under Section 402 of the CleanWater Act (Pub. L. 92-500, as amended byPub. L. 95-217, 33 U.S.C. 1251 et seq.), and.

(2) In the case where dredging or filling ofthe wetland is directly associated with thefacility, the owner/operator obtains apermit issued under authority of Section404 of the Clean Water Act (Pub. L. 92-500,as amended by Pub. L. 95-217, 33- US.C.1251 et seq.).

(f) A facility shall not be located soas to be likely to Jeopardize the contin-ued existence of Endangered andThreatened Species as listed pursuantto the Endangered Species Act of 1973(16 U.S.C., 1530 et seq.) in 50 CFR; norresult in the destrIction or adversemodification of their Critical Habitatas contained In 50 -CFR Part 17, Sub-part F: Critical Hibitat, 1760 et seq,

NoTE.-A facility may be located in a Criti.cal Habitat area If, after consultation withthe Office of Endangered Species, U.S. Fishand Wildlife Service, Department of the In.terior, It can be demonstrated that, at thetime a permit is Issued pursuant to SubpartE, the treatment, storage, and/or disposaloperations carried out by the facility willnot Jeopardize the continued existence ofEndangered and Threatened Species locatedwithin the Critical Habitat areas listed in 50CFR Part 17.A (g) A facility shall not be located inthe recharge zone of a sole sourceaquifer d~signated pursuant to Section1424(e) of the Safe Drinking WaterAct (Pub. L. 93-523).

NoTE.-A facility may be located in the re-charge zone of a sole source aquifer If It canbe demonstrated, at the time a permit Isissued pursuant to Subpart E, that the fa-cility is located, designed, constructed, oper.ated, maintained, and monitored to preventendangerment of the sole source aquifer.

(h) Active portions of a facility shallbe located a minimum of 60 meters(200 feet) from the property line ofthe facility.

NoTz.-Facillty owners/operatorg maylocate active portions of thei- facilitiescloser than 60 meters (200 feet) from theirproperty line If it can be demonstrated thatunexpected releases or discharges of hazard.


59000



PROPOSED RULES

ous waste resulting from fires, explosions,spills, and underground leaks can be con-trolled before they cross the facility proper-ty boundary.

§ 250.43-2 Security.(a) A facility shall have a 2 meter (6

foot) fence completely surroundingthe active portion of the facility capa-ble of preventing the unknowing and/or unauthorized entry of persons anddomestic livestock.

Noz.-A facility does not have to have a 2meter (6 foot) fence surrounding the activeportion of the facility if it can be demon-strated, at the time a permit is issued pursu-ant to Subpart E, that the active portion ofthe facility is surrounded by a natural or ar-tificial barrier capable of preventing the un-knowing and/or unauthorized entry of per-sons and domestic livestock.

(b) Ingress through each gate orother access on to the active portion ofthe facility shall be controlled by anattendant, or a mechanical or an elec-tromechanical device, whenever thefacility is in operation (e.g., -securitypersonnel, key cards, or televisionmonitors). Each gate or other accessshall be secured to prevent ingresswhenever the facility is not in oper-ation.

(c) 'A sign, in the English languageand in any other predominant lan-guage of the area surrounding the fa-cility (e.g., facilities in States border-ing Mexico and Canada shall havesigns posted in Spanish and French,respectively), having the .followinglegend-WARNING-UnauthorizedPersonnel Keep Out-shall be postedat each access to the active portions ofthe facility. The sign shall consist ofblock letters not less than four (4)inches in height. The letters shall beof a color offering high contrast withthe background col6r of the sign.

NoTL-A facility may deviate from thespecified four (4) inch block letters andlegend of the sign provided that it can bedemonstrated that an alternative legibleand clearly visible sign, warning against un-authorized entry, is posted at each accesspoint to the active portion(s)'of a facility, orit can be demonstrated that such precau-tionary measures are not needed because ofthe particular operation of and the wastehandled at the facility.

§ 250.43-3 Contingency plan and emergen-cy procedures.

(a) Contingency plan: (1) Theowner/operator shall develop a contin-gency plan for each facility so as toprevent or minimize human health orenvironmental damage in the event ofa discharge or Xelease of hazardouswaste. The provisions of the planshall, as a minim,m follow the provi-sions of the Section 311 Spill Preven-tion, Control, and CountermeasuresPlan (SPCC) of the Clean Water Act.The provisions of the plan shall be Im-plemented immediately in the event of

a discharge or release of hazardouswaste from the facility.

(2) A copy of the contingency planshall be filed with the Regional Ad-rninistrator and with all local policedepartments, fire departments, hospi-tals and emergency response teamswho may be called upon to provideemergency services. Where a permit isissued by EPA under Subpart E, thecontingency plan shall be submitted tothe Regional Administrator as part ofthe permit application and shallbecome a condition of any permitissued. Amendments to the plan due tochanges in the facility design, con-struction, operation, or maintenancewhich materially increase the poten-tial for discharges of hazardous wasteshall be reported immediately, in writ-ng, to the aforementioned partieshaving copies of the plan. The planshall be revised in cases of changedcircumstances, changed regulations,and failure of the plan to be adequatein an emergency.

(3) The plan shall describe arrange-ments made with local police depart-ments, fire departments, hospitals,and emergency response teams to co-ordinate emergency services. These ar-rangements shall include:

(I) Familiarization of police, fire de-partments, and emergency responseteams with layout of and waste han-dled at the facility, and associated haz-ards, places where facility personnelwould normally be working, entrancesto and roads inside the facility andpossible evacuation routes; and

(i) Where necessary, agreementsdesignating primary emergency au-thority to one police and one fire de-partment jurisdiction in the eventthat more than one might respond tothe emergency, and agreements withany others to provide support to theprimary emergency authority.

No!E-Arrangements need not be madewith local police agencies, fire departments,hospitals, and emergency response teams ifthe owner/operator can demonstrate thathazards do not exist at the facility whichnecessitate the services of the above men-tioned organizations.

(4) At all- times when the facility isin operation, there shall be at leastone person present with the responsi-bility of coordinating all emergencyresponse measures. This facility emer-gency coordinator shall be thoroughlyfamiliar with all aspects of the facill-ty's contingency plan. all operationsactivities at the facility, the locationand characteristics of waste handled.the location of manifests within thefacility, and the facility layout. (Theemergency coordinator's responsibil-ities are more fully spelled out In§ 250.43-3(c).)

(5) The names, addresses, and phone.numbers (office and home) of all per-sons qualified to act as facility emer-

gency coordinators under paragraph(a)(4) shall be listed in the contingen-cy plan.

(6) The plan shall include a list,physical description, and descriptionof the capabilities of all emergencyequipment at the facility, includingfire extinguishing systems, spill con-trol equipment, alarms (internal andexternal), and decontamination equip-ment.

(7) The plan shall include an evacua-tion plan for facility personnel andshall outline evacuation routes,signal(s) to be used to begin evacua-tion, and alternate evacuation routesif the primary routes potentially canbe blocked by discharges of hazardouswaste and fires.

(8) The plan shall include an outlineof a program for familiarizing employ-ees with emergency procedures, emer-gency equipment, and emergency sys-tems, to include the following:.

(i) Alarm signal, shutdown of oper-ations. evacuation, and drills on theseprocedures.

(11) Key parameters for incineratorautomatic waste feed cut-off as pre-scribed in § 250.45-l(b)(4); and

(11) Procedures for repair and re-placement of facility monitoringequipment.

(b) Preparedness and prevention.(1) Facilities shall be designed, oper-

ated, and constructed so that the like-lihood of a discharge, fire, or explo-sion harmful to human health or theenvironment Is minimized.

(2) All facilities subject to EPA's oiland hazardous substances pollutionprevention regulations shall have, as aminimum, a valid SPCC Plan as re-quired by iegulatlons Issued pursuantto Section 311 of the Clean Water Act(CWA).

(3) All facilities shall be equippedwith the following: (I) An alarm, atelephone (immediately available atthe scene of operations), a hand-heldtwo-way radio, or similar device capa-ble of summoning external emergencyassistance (i.e., local police depart-ments, fire departments, and emergen-cy response teams).

Nora-An alarm, telephone, or two-wayradio is not needed If the owner/operatorcan demonstrate that hazards at the facilityrequiring external emergency assistance donot exist.

(i) An internal communicationssystem capable of providing immediateemergency instruction (voice or signal)to facility employees.

(4) At any time that hazardouswaste is being poured, mixed, spread,or otherwise handled, all employeesinvolved in the. operation shall haveimmediate access to an internal or ex-ternal alarm or emergency communi-cation device, either directly orthrough visual or voice contact withanother employee. If at any time


59001



59002

during operation of the facility thereis a sole employee on the premises, heshall have immediate access to analarm, telephone (immediately 'availa-ble at the scene of operation), hand-held two-way radio, or similar devicecapable of summoning external emer-gency assistance.

(5) A facility shall have the follow-ing:

(I) Portable fire extinguishers, firecontrol equipment, spill control equip-ment, and decontamination equip-ment;

(ii) Water at adequate volume andpressure to supiply water hose streams,foam producing' equipment, automaticsprinklers, or water spray systems; and

(iii) Special extinguishing equip-ment, such as that utilizing foam inertgas, or dry chemical.

NoTE.-Fire extinguishing equipment, firecontrol equipment, is not needed if' the-owner/operator can demonstrate that haz-ards at the' facility 'which necessitate theneed for such equipment do not exist.

(6) All facility fire protection equip-ment, spill control equipment, and de-contamination equipment shall betested, inspected, and maintained insatisfactory operating condition toserve its purpose in time of emergency.

(7) Aisle space shall be maintainedfor unobstructed movement of person-nel, and maintained so 'that fire pro-tection equipment, spill control equip-ment, and decontamination equipmentcan be brought to bear on any area offacility operation in time of emergen-cy.

NoTE.-Aisle space need not be maintainedfor unobstructed movement of personnel,fire protection equipment, spill controlequipment, and decontamination equipmentif the owner/operator can demonstrate thatthe aisle space Is not necessary , for themovement of personnel and it is not neces-sary to bring in fire protection equipment,spill control equipment, and decontamina-tion equipment.

(8) Precautions shall be taken to pre-vent accidental ignition of ignitablematerials. Sources of ignition, includ-ing but not limited to open- flames;lightning; smoking;, cutting and weld-ing; hot surfaces; frictional heat;static, electrical, and mechanicalsparks, spontaneous ignition, includingheat-producing chemidal reactions;and radiant heat, shall be eliminatedor Ignitable materials protected fromsuch sources of ignition.

(9) While ignitable or reactive wasteis being handled, smoking shall not'bepei-mltted and no one near the wasteshall possess an open flame. Smokingand open flame shall be prohibited atthe facility except ir designated local-ities. "No Smoking" signs shall be con-spicuously posted where hazard fromIgnitable or reactive waste is normallypresent.

PROPOSED RULES

(c) Response and recovery. (1) In theevent that a facility has a discharge orrelease of hazardous waste, a fire, or-an explosion which has the potentialfor damaging human health or the en-vironment, the facility's emergency co-ordinator shall telephone the UnitedStates Coast Guard National ResponseCenter's twenty-four (24) hour tollfree number, 800-424-8802, or theGovernment official designated in theapplicable regional contingency planpursuant to 40 CFR 1510 as the on-scene coordinator for that geographic

-area, to report such an incident imme-diately after discovering it and adhereto the requirements of Section 250.37in Subpart C for reporting.

(2) Where applicable,, the facility'semergency coordinator shall activateinternal facility alarms or communica-tion systems to notify 'all personnel ofan imminent or actual emergency situ-ation.(3) The facility's emergency coordi-nator shall notify appropriate agencieswith designated response roles imme-diately if an emergency at the facilitypresents a potential threat to' localpopulated areas, or if their assistanceis necessary.

(4) The facility's emergency coordi-nator shall notify appropriate localauthorities immediately if his assess-ment indicates that evacuation of localareas may be advisable. The emergen-cy coordinator shall be prepared toassist authorities in making the final

-determination as to whether evacua-tion is necessary.

(5) In the event of a discharge, thefacility's emergency coordinator shallidentify the character, exact source,volume, and extent of the dischargedmaterials by review of facility recordsand manifests, and if necessary, bychemical analysis.

(6) The facility's emergency coordi-nator shall assess possible hazards -tolocal communities associated with adisciarge. This assessment shall in-clude consideration of indirect effects,such as toxic, irritating, or, asphyxiat-ing gases, hazardous surface run-offdue to water or chemical agents usedto control fire, and heat-induced ex-plosions.

(7) The facility's emergency coordi-nator, in cooperation with appropriateFederal, State, and local officials, shalldetermine what actions should betaken to mitigate damage or.injury tothe community and its residents. Thisdetermination shall indicate whether:

(i) Local communities may havebeen exposed to a hazardous sub-stance; and

(ii) Evacuation of local populatedareas should be initiated because of.imminent danger (i.e., from toxic com-bustion products, ignitable or explo-sive vapors, threatened explosions,etc.).

(8) The facility's emergency coord-nato- shall take all reasonable meas-ures necessary to ensure that fires andexplosions do not re-occur and do notspread to other hazardous waste at thefacility. These shall Include, where ap-plicable, cessation of processes and op-erations, collection and containmentof discharged waste, removal or isola-tion of containers, etc.(9) The facility's emergency coordi.nator shall provide for treatment, stor-age, or disposal or recovered waste,contaminated soil, or material result-ing from an accident at the facility.The recovered waste, contaminatedsoil, or contaminated material shall beanalyzed to determine whether it is ahazardous waste, or assumed to be ahazardous waste.

(10) The facility's emergenc coordi-nator shall ensure that no wastewhich may fie incompatible with thereleased material is accepted for tfeat-ment, storage, or disposal at the facili-ty until clean-up procedures are com-pleted, emergency equipment restoredto pre-accident condition, and the af-fected area is declared safe by EPA,State, or local officials.

(11) Where applicable, the facility'semergency coordinator shall, subse-quent to shut-down of operations inresponse to a discharge, fire, or eXplo-'sion, monitor for leaks, pressure buil-dup, gas generation, or ruptures invalves, pipes, or other equipment.

(12) The facility's emergency coordi-nator shall ensure that all emergencyequipment specified l the plan, in-cluding vehicles, pumps, and tempo-rary storage containers, are cleanedand restored to pre-accident conditionbefore operations are resumed.

(13) The facility's emergency coordi-nator shall record the time, date, andnature of the emergency, and convey apreliminary report with this and anyother pertinent information on theemergency to the Regional Adminis-trator, as required in § 250.43-5(c)(1)of this Subpart.

§ 250.43-4 Training.(a) Within six (6) months after the

effective date of these regulations, orafter the date of employment, which-ever is later, personnel at new and ex-isting facilities shall have attendedand successfully completed a course ofinstruction or shall have deomonstrat-ed a sufficient degree of competence inhazardous waste management proce-dures relevant to the hositlon in whichthey are employed.

(b) Owners/operatores- of facilitiesshall:

(1) Maintain the following recordsand make them available to the Re-gional Administrator upon request.

(i) A list of the job titles of all posi-tions at the facility related to hazard-ous waste management;




(ii) A written job description foreach position listed under paragraph(b)(1)(i) which shall include the requi-site skill, education, responsibilities,and duties related to each position;

(iii) A written description of the typeand quantity of introductory and con-tinuing training that will be adminis-tered to each person filling a positionlisted under paragraph (b)(1)(i);

(iv) Records that document that thetraining required under paragraph (a)has been administered to facility per-sonnel;

(2) Have their personnel trained incontingency procedures as prescribedin the facility's contingency plan re-quired under § 250.43-3, and

(3) Have their personnel take part inan annual review and update of theirinitial training in contingency proce-dures and other hazardous waste man-agement procedures relevant to thoseoperations at which they are em-ployed.

§-250.43-5 Manifest system, recordkeeping,and reporting.

(a) Manifest system. An owner/oper-ator of a facility which receives haz-ardous waste accompanied by a mani-fest or a delivery document shall:

(1) Provide at least one (1) copy ofthe manifest or delivery document,after it has been signed and dated byan authorized representative of the fa-cility, to the transporter as certifica-tion of receipt ,of the shipment cov-ered by the manifest or-delivery docu-ment. -

(2) Forward, within thirty (30) days,the original copy of the manifest ordelivery document, after it has beensigned and dated by an authorized rep-resentative of the facility, to the gen-erator as certification7of receipt of theshipment covered by the manifest ordelivery document.

(3) Acknowledge each individualshipment received; ,when a singlemanifest is used for multiple ship-ments- as described in; § 250.22(f) ofSubpart B, by initialling each ship-ment, and then complying with para-graph (a)(2).

(4) Indicate, in the comments sectionof the manifest-or delivery document,discrepancies, such as differences be-tween the type and/or quantity ofhazardous waste designated on themanifest or deliverydocument, andthe type and/or quantity of hazardouswaste actually received. The owner/operator shall notify the Regional Ad-ministrator immediately when suchdiscrepancies are discovered by for-warding a copy of the manifest or de-livery document- to the Regional Ad-minritrator.

(b) Recordkeeping. (1) An owner/op-erator of a facility shall keep an oper-ating log. This log shall, at all reason-able times, be open for Inspection by

PROPOSED RULES

any duly designated employee oragent of EPA.

(2) The following information shallbe recorded promptly, -s it becomesavailable, and maintained In the oper-ating log until closure of the facility:.

(1) A record of each hazardous wastetreated, stored, or disposed of at thefacility to include the following:.

(A) A description 6f each hazardouswaste by its U.S. Department ofTransportation (DOT) proper ship-ping name (40 CFR 172), or by theU.S. Environmental Protection Agency(EPA) name (as listed in § 250.14 ofSubpart A), If the DOT proper ship-ping name is not applicable. However.if the DOT proper shipping name"NOT OTHERWISE SPECIFIED"(NOS) s used, the EPA name mustalso be designated on records after theDOT proper shipping name NOS;

(B) The DOT hazard class of eachwaste (as identified in 49 CFR 172). orthe EPA char-cteristic(s) or property(as identified or listed in §§ 250.13 or250.14 of Subpart A) if the DOThazard class is not applicable. Howev-er, if the DOT hazard class "OTHERREGULATED MATERIALS" (OEM)is used, the EPA characteristics orproperty (as Identified or listed in§§ 250.13 or 250.14 ofSubpart A) mustalso be designated on records after theDOT hazard class ORM;

(C) The quantity (in units of volumeor weight of pounds (P), tons (T). gal-lons (G). or cubic yards (CY)) of eachhazardous waste treated, stored, ordisposed; the method of treatment,storage, and disposal used for eachhazardous waste; and the dates oftreatment, storage, and disposal ofeach hazardous waste.

(l) Locations. with respect to perma-nently surveyed benchmarks, whereeach type of waste is stored or dis-posed. The location of wastes in land-fills shall be recorded as specified In§250.45-2(b)(3) and In surface Im-poundments as specified in §250A5-3(d)(3).

(ill) Waste analyses, as specified In§ 250.43 (f), (g), and (h);

(iv) Monitoring data, as required In§ 250.43-8;

(v) Summary reports and records ofall Incidents requiring initiation of acontingency plan, or resulting inhuman health or environmentaldamage;

(iv) Records or results of visual in-spections as required by § 250.43-6(b).

(3) Records required under para-graphs (b)(2) (i) and (10 above specify-ing the location and types of disposedwastes shall be turned over to the Re-

-glonal Administrator upon closure ofthe facility.

(4) Records of operating conditions(temperature; pressure, residue time,feed rate, etc.) as required In § 250.45

59003

shall be maintained for a period ofthree (3) years.

(5) Training records required under§ 250.43-4(b)(1) i)-(iii) shall be main-tained until closure of the facility.Training records required under§ 250.43-4(b)(1)(v) shall be retainedfor a period of three (3) years, but em-ployee training records may accompa-ny personnel transferred within thesame company.

(6) An owner/operator of a facilityaccepting deliveries of hazardouswaste from off-site sources for trdat-ment. storage, or disposal shall retainfor a period of three (3) years a copyof each manifest or delivery documentas certified by the generator, trans-porter. and owner/operator of the fa-cility., (c) Reporting. (1) An owner/operator

of a facility shall comply with the re-quirements under § 250.43-3(cX1) inreporting incidents such as fires, ex-plosions, and discharges or releases ofhazardous materials into the environ-ment which have the potential fordamaging human health or the envi-ronment.

(2) An owner/operator of a facilityshall report to the Regional Adminis-trator monitoring data as required in§ 250.43-8(c)(4) and (d)(1).

(3) An owner/operator of a facilityshall notify the Regional Administra-tor prior to cessation of treatment,storage, and/or disposal operations, orprior to final facility closure as speci-fied in § 250.43-7.

(4) Owners/operators of facilitieswhich treat, store, or dispose of haz-ardous waste on the site of waste gen-eration shall comply with the report-ing requirements of § 250.23(d) and (e)of Subpart B.

(5) An owner/operator of a facilitywhich receives hazardous waste fortreatment, storage, or disposal shall

(i) Prepare an annual report summa-rizing the Information from all mani-fests or delivery documents for ship-ments of hazardous waste certified asreceived during the reporting year;,1 (iU) Send the annual report withinfour (4) weeks after the closing date ofthe reporting year to the Regional Ad-ministrator;,

(i11) Include in the annual report thefollowing information (see Figure 1 forthe report form);

(A) The Identification code, name,and address of the facility,

(B) The closing date of the reportingyear;

(C) The Identification code of eachhazardous waste generator from whicha hazardous waste was received during--the reporting year;, for internationalshipments, the name and address ofthe generator shall be designated;(D) The name and common code as

they appear on the manifest under"shipping description" of each hazard-

FEDERAL REGISTER, VOL 43, NO. 243-MONDAY, DECEMBER 18", 197B



59004

ous waste which was received fromeach hazardous waste generator;

(E) The quantity of each hazardouswaste received-from each generator;

(F) The units of volume or weight ofeach quantity of hazardous waste inpounds (P), tons (T), gallons (G), orcubic yards (CY);

(G) The method of-treatment, stor-age, or disposal for each hazardouswaste; and -

(H) A certification which reads: "Ihave personally examined and am fa-.miliar with the information submittedIn this certification, and I hereby cer-tify under penalty of law that this in-formation is true, accurate, and com-plete. I am aware that there are sig-nificant penalties for submitting falseinformation, including the possibility*of fine and imprisonment." An author-Ized representative of the owner/oper-ator of the facility shall sign and datethe certification.

(6) An owner/operator of a facilitywhich receives one or more deliveriesof hazardous waste wlich is not ac-companied by a manifest or deliverydocument, except where a manifest ordelivery document is not required be-cause of the generator exemptions in§ 250.29 of Subpart B, shall submit aquarterly report of all such shipmentsof hazardous waste to the RegionalAdministrator. The quarterly reportshall include the following informa-tion (see Figure 1 for the report form);

(i) The identification code, name,and address of the facility;

The closing date of the reportingquarter:

(ill) The word "tinmanifested" underthe column entitled Manifest Docu-ment Number on the report form;

(iv) The name and address of thegenerator, if known, or the transport-er;

(v) Thi name and common code ofthe hazardous waste (under "shippingdescription"), by -its Department ofTransportation (DOT) proper ship-ping name (49 CFR 172), or by -theU.S. Environmental Protection Agency(EPA) name (as listed in §250.14 ofSubpart A) if the DOT proper ship-ping name is not applicable. However,if the DOT proper shipping name"NOT OTHERWISE SPECIFIED"(NOS) is used, the EPA name 'andcommon code (as listed in § 250.14 ofSubpart A) must also be designated onthe manifest after the DOT propershipping name NOS;

(vi) The quantity of each hazardouswaste received;

(vii) The units of volume or weightof each quantity of hazardous waste inpounds (P), tons (T), gallons (G), orcubic yards (CY);

(viii) A certification which reads: "Ihave personally examin'd and am fa-miliar with the information submittedin this certification, and I hereby cer-

PROPOSED RULES

tify under penalty of law that this in-formation is true, accurate, and com-plete. I am aware that -there are sig-nificant penalties for submitting falseinformation, including the possibilityof fine and imprisonment," and shallcertify the ihformation on the reportby having an authorized representa-tive of the owner/operator of the fa-cility sign and date the certification;and

(ix) A brief explanation of why theshipment was unmanifested, if known,in the comments section of the reportform.§ 250.43-6 Visual inspections.

(a) An owner/operator of a facility,at least once each day, shall visuallyinspect, the following:

(1) Storage areas for rust, corrosion,cracks in storage devices, missing orimproper labels, and spills;

(2) Dikes for possible damage orstructural weakening and drainagesystems for possible stoppage;

(3) Operating and monitoring equip-ment and readings to ensure normaloperation and readings;

(4) Emergency response equipmentto ensure that it meets the require-ments specified in § 250.43-4 (1)(4);

(5) Fences or barriers surroundingthe facility for possible damage;

(6) Vegetation on or around the fa-cility for possible damage; and

(7) The active portion of the facilityfor fugitive air emissions.

NoTE.-Visual inspections for certain as-pects of facility operations may be conduct-ed less frequently than daily if the facilityowner/operator can demonstiate that lesserrequirements would still provide adequateprotection of human health and the envi-ronment.-

(b) The observations made in eachvisual inspections shall be recorded inthe facility's daily operating log.

§ 250.43-7 Closure and post-closure.(a) In addition to complying with

the requirements of this Section, anowner/operator of a facility shall alsocomply with the applicable FinancialRequirements in Section 250.43-9.

(b) An owner/operator of a facilityfrom which hazardous waste will notbe removed and will remain in the fa-cility after closure (e.g., a landfill)shall record in the deed of the proper-ty on which the facility is located astipulation that use of the property bythe owner/operator or any futureowner of the property after closure

,shall be conducted in a manner to pre-vent disturbance of the -integrity ofthe final cover, the liner or the moni-toring systems of the facility.

(c) The owner/operator of a facilityshall submit a closure plan to the Re-gional Administrator prior to begin-ning treatment, storage and/or dispos-al operations or at the time of and aspart of theapplication for a permit

pursuant to Subpart E. The closureplan shall Include, but not be limitedto:

(1) A description of how the facility,shall be closed.

(2) A description of possible uses ofthe land after closure.

(3) The anticipated time until close-out, the estimated time(s) required for

.closure and any anticipated partialclosures.

(d) An owner/operator of a facilityother than a landfill shall notify theRegional Administrator:

(1) Of intent to close.out the facilityat least 15 days before close-ou4 and

(2) Of completion of closure at least90 days before closure.

(e) An owner/operator of a landfillfacility ghall notify the Regional Administrator:

(1) Of intent to partially close thefacility (i.e., close a portion of the fa-cility) at least 15 days before partialclo.ure;

(2) Of intent to close-out the facilityat least 15 days before close-out; and

(3) Of completion of closure at least180 days before closure.

f) Within 90 days after close-out, alldisposal operations shall be completedand all hazardous waste shall be re-moved from storage and treatment op-erations and disposed of in accordancewith requirements In Subparts B, C,and D.

(g) Closure shall be completedwithin 3 years after close-out.

(h) At completion of closure, allequipment used in the operation shallbe properly disposed of or decontami-nated by removal of all hazardouswaste and residues.

(i) At completion of closure, all facil-ities shall be secured so that humansor animal life cannot come Into con-tact with hazardous waste, and so thatdischarges of waste harmful to humanhealth or the environment will notoccur..

(j) At completion of closure, all re-quired equipment shall be providedand arrangemefnts shall be made tocontinue post-closure monitoring as re-quired in paragraph (m)(1)(i) at land-fills, and other facilities where hazard-ous waste has not been removed aspart of closure.

(k) At completion of closure, andagain upon completion of post-closurecare (in the case of a landfill andother facilities where hazardous wasteis not removed as part of closure), theowner/operator shall submit to theRegional Administrator certificationby the owner/operator and certifica-tion by a registered professional engi-neer that the facility has been closedin accordance with the requirementaof this Subpart.

(1) Within 180 days after completionof closure, the owner/operator of alandfill or other facility, where haz-

FEDERAL REGISTER, VOL 43, NO, 243-MONDAY, DECEMBER 18, 1978



ardous waste is not removed as part ofclosure, shall file with the local landauthority and the Regional Adminis-trator, a survey plat, certified by a reg-istered professional land surveyor, in-dicating the type and location of haz-ardous waste disposed of in the facili-ty.(m) An owner/operator of a landfill

or other facility where hazardouswaste is not removed as part of closureshall provide post-closure care for aperiod of at least 20 years from thedate of closure.

NoT.-The owner or operator may re-quest that, at the discretion of the RegionalAdministrator, a determination be made ofwhether some or all post-closure require-ments may be discontinued earlier than 20years after closure. The facility owner oroperator shall bring forth evidence showingwhy post-closure care need not continue,Le., no leaks have been detected, advancedtechnology was used, alternate disposaltechniques were employed, etc.

(n) Post-closure care shall consist ofat least the following.-() Monitoring and reporting of in

accordance with the requirements of§ 250.43-8(c) (2, 3 and 4) and (d) (U and2).

(2) Maintenance of facility securityand waste containment devices.(o) If the owner/operator of a facili-

ty transfers the ownership or. oper-ation of the facility during the 20-yearpost-closure care period, the newowner/6perator shall comply with therequirements of this Section.

§ 250.43-8 Groundwater and leachatemonitoring. .

-An owner/operator of a landfill or,surface impoundment facility shall in-stall, maintain and operate a Ground-

-water Monitoring System and a Lea-chate Monitoring System as specifiedin this Section and shall comply withthe Sampling and Analysis and theRecordkeeping and Reporting require-ments of this Section.

(a) Groundwater monitoring system.(1) A Groundwater Monitoring Systenishall consist of a minimum of four (4)monitoring wells meeting the follow-ing specifications:(i) At leastone well shall be located

in an area hydraulically upgradientfrom the active portion of the facilityso as to yield samples representative ofthe background quality of the ground-water which flows under the facility.

(ii) A minimum of three (3) monitor-ing wells shall be installed hydraulical-ly downgradient of the active portionof the facility and shall be sunk to dif-ferent depths in order to detect anyleachate which has migrated intogroundwater(s) underlying the facilityproperty. Each well shall be construct-ed to -draw samples from the depthswhere the facility owner/operator can

PROPOSED RULES

demonstrate that contamination ismost likely to occur.

(Iii) At least one of the three (3)wells specified in (i).shall be locatedimmediately adjacent to the activeportion of the facility. The other wellsshall be located within the propertyline of the facility to provide thegreatest opportunity for interceptionof any leachate that migrates intogroundwater(s) underlying the facili-ty.

(2) All monitoring wells shall becased, and the annular space shall bebackfilled with an impermeable mate-rial in order to prevent surface waterfrom entering the well bore and inter-aquifer water exchange.

Norm-A Groundwater MonitoringSystem shall not be required or a lesserdegree of groundwater monitoring may beutilized. If the owner/operator can demon-stmte. at the time a permlt.is issued underSubpart E, that the geologic and hydrologicconditions underlying the facility Indicateno potential for discharge to groundwater.Wells may be sunk to draw samples at a.single depth If It can be demonstrated bythe facility owner/operator that It Is thedepth where contamination Is likely tooccur.

(b) Leachate monitoring system. (1)A Leachate Monitoring System shallbe installed within the zone of aer-ation underlying the facility withoutdrilling through the bottom and sideliners or soil barriers of the landfill orsurface Impoundment and shall be de-signed to collect samples In the zone ofaeration between the bottom of theliner or soil barrier of the landfill orsurface impoundment and the top ofthe water table.

NoTn--A Leachate Monitoring Systemshall not be required if the owner/operatorcan demonstrate that an alternative lea-chate monitoring technique will detect leaks-as effectively as the system prescribed inthis paragraph. A Leachate Detection andRemoval System Installed below the liner orsoil barrier of landfills pursuant to § 250.45-2(b)(12) and a Leachate Detection Systeminstalled below the liner or soil barrier ofsurface Impoundments pursuant to § 250A5-3(c)(3) shall be considered an acceptablesubstitute for a Leachate MonitoringSystem.

(c) Sampling and analysis. (1) Thebackground -level of the quality ofboth the groundwater and the waterin the zone of aeration underlying thefacility shall be established by con-ducting the comprehensive analysisspecified in paragraph (c)(6) on sam-ples collected from the GroundwaterMonitoring and Leachate MonitoringSystems on a monthly basis for atleast one year. For a new facility, com-prehensive analysis of monthly sam-ples shall begin at least 3 months priorto the treatment, storage or disposalof any hazardous waste at the facility.

Nor -Samples withdrawn from a Lea-chate Monitoring System during the back-

59005

ground monitoring schedule may be ana-lyzed for representative characteristics ofthe comprehensive analysis If an adequatevolume of sample cannot be collected toanals-ye for all of the characteristics speci-fied in the comprehensive analysis.

(2) After the background level hasbeen established pursuant to para-graph (c)(1), samples shall be takenfrom the Groundwater MonitoringSystem at least once a year and ana-lyzed pursuant to the requirements ofparagraph (c)(6) and, in addition, sam-ples shall be taken from the Ground-water Monitoring System on the fol-lowing frequency and analyzed pursu-ant to the requirements of paragraph(c)(5):

(i) Semi-annually, of the ground-water flow rate ranges between 25 and50 m/year (82 and 164 ft/year) or

(ii) Quarterly, if the groundwaterflow rate is greater than 50 m/year(164 ft/year).

(3) After the background level hasbeen established pursuant to para-graph (c)(1), samples shall be takenfrom the Leachate Monitoring Systemat least once a year and .analyzed inaccordance with the requirements ofparagraph (c)(6) and, in addition, sam-ples shall be taken from the LeachateMonitoring System at least once eachquarter and analyzed in accordancewith the requirements of paragraph(c)(5).

Nor&-This requirement is waived if theowner/operator can demonstrate that thequantity of any samples that can be ob-tained from 'the Leachate MonitoringSystem Is insufficient for conducting the re-quired analyses.

(4) If after the background levels areestablished pursuant to paragraph(c)(1), the analyses of samples takenpursuant to paragraph (c)(2) or (c)(3)shows that the quality of the ground-water or the water in the zone of aer-ation significantly differs, as deter-mined by the Student's t, single-tailedtest at the 95 percent confidence level,from the background quality of thesewaters, the owner/operator shall:

(i) Notify the Regional Administra-tor within 7 days after such a finding;

(if) Determine, if possible, the causeof the difference in quality (e.g., theresult of a spill, a design failure, anImproper operating procedure); and

(i) Determine the extent of ground-water contamination or the potentialfor groundwater contamination anddiscontinue operation of the facilityuntil the Regional Administrator de-termines what actions are to be taken.

(5) A minimum analysis shall quanti-fy the following characteristics of thesample:

(i) Specific conductivity, mho/cm at251C;

(I) pH;(11) Concentration of chloride, rag/

liter,




59006

(iv) Concentration of total dissolvedsolids, mg/liter;

(v) Concentration of dissolved organ-ic carbon, mg/liter; and

(vi) The concentrations of the prin-cipal hazardous constituents, or indi-cators thereof, found in the largestquantity in the hazarddus waste dis-posed of in the facility, mg/liter.

(6) A comprehensive analysis shallquantify the following characteristicsof the sample:(1) Those characteristics listed in

paragraph (5); and(ii) The' concentrations of the con-

taminants and the levels of the prop-erties listed in Appendix 1I, except ra-dioactivity levels if the facility doesnot treat, store, or dispose of 'wastecontaining radioactive substances.

(liI) Concentration of beryllium, mg/liter.(iv) Concentration of nickel, mg/

liter.(v) Concentration of cyanide, mng/

liter.(vi) Concentration of phenolic com-

pounds (as phenol) mg/liter.(vii) Presence of organic constituents

as determined by a scanning by gaschromatography.NoTE.-Af ter the background level has

been established, pursuant to paragraph(c)(1), the comprehensive analysis may bereduced to eliminate the analysis of charac-teristics that would not result from wastetreated, stored or disposed of at the facility.(d) Recordkefeping and reporting. (1)

An owner/operator of a facility shallforward-to the Regional Administratorat the end of each reporting quartertwo copies of the monitoring data de-veloped pursuant to the requirementsof paragraphs (c)(2) and (c)(3) during

* the reporting quarter.(2) An owner/opeiator of a facility

shall be required to retain, for a mini-mum of 3 years, all records of moior-ing and analytical activities and data,including all original strip chart re-cordings and instrumentation, calibra-tion, and maintenance records.

§ 250.43-9 Financial requirements.(a) Continuity of operation. (1) Re-

quirements for facility closure. (i) Costestimation. An owner/operat6r of a fa-cility shall file as .part of his applica-tion for a permit for the facility an es-timate of the costs of closing the fa-cility after its capacity is reached oroperations have otherwise terminated,in accordance with the requirementsof Section 250.43-7. The Regional Ad-ministrator will evaluate this cost esti-mate and 'either accept the estimate asmade or shall revise it in accordancewith.his evaluation.

PROPOSED RULES

(ii) Financial assurance for facilityclosure. An owner/operator of a facili-ty shall establish a secured closuretrust fund designated, "in trust for theclosure of--the facility." A bank orother financial institution approved bythe Regional Administrator shall actas the tiustee of the closure trust

'fund. The trust instrument shall pro-vide (1) that disbursement is permissi-ble only upon written approval of theRegional Administrator, and (2) when-ever, on the basis of any informationthat the owner or operator is in viola-tion of any of the closure require-ments for the facility, that the Re-gional Administrator shall have theright to use part or all of the closuretrust fund to carry out the closure re-quirements. The trustee shall releasethese funds upon receiving a copy of aproperly served Notice of Violation forone or more closure violations pursu-ant to § 22.36 (c) and (d) of the Consol-idated Rules of Practice Governing

-Administrative 'Assessment of CivilPenalties or Suspension of Permits (43FR 34729 et. seq.). An owner/operatorof a fWclity shall deposit into the clo-sure trust fund, as a condition of re-ceiving a permit; a cash deposit equalto the cost estimate for closure, multi-plied by the appropriate present valuefactor from Table I. If site life exceeds20 years, the present vlue factor canbe determined by using the followingformula:

PVF (1 SL

1.02 .

where:PVF= present value factor

- SL=site life in years

TABLE I

Site Life in Years Present Value Factor

1 .9802 .9613 .9424 .9245 .9066 .8867 .8718 , .8539 .837

10 ' .82011 .80412 .78813 .77314 .758

* 15 .74316 .72817 .71418 .70019 .68620 .673

(iii) Reimbursement for closure costs.-When an owner or operator has ceasedoperations at the facility and has com-pleted closure of the site, as requiredunder § 250.43-7, he may apply to theRegional Administrator for return ofthe principal and Interest in the clo-sure trust fund. Upon determinationthat closure has been satisfactorily ac-complished, the Regional Administra-tor shall release all funds accumulatedin the closure trust fund.

(2) Requirements for post-closuremonitoring and maintenance. (1) Costestimate. An owner/operator of alandfill or othei facility where hazard-ous waste is not removed as part ofclosure shall file with the RegionalAdministrator as part of his applica-tion for a permit, an estimate of theannual cost of post-closure monitoringand routine maintenance at the site inaccordance with the closure regula-tions in § 250.43-7. The Regional Ad-ministrator shall evaluate the cost es-timate, and, after such modification asmay be necessary in light of his evalu.ation, shall give notice of acceptanceof the cost estimate. This cost esti-mate, which will be referred to as theannual post-closure operating cost,will then be used to determine theannual cash payments during the lifeof the facility Into a post-closurd moni-toring and maintenance trust fund tobe used for monitoring and mainte-nance (as required under Section250.43-7 of this subpart) for a periodof twenty years after facility closure.

(ii) Financial assurance for post-clo-sure monitoring and maintenance, Anowner/operator of a landfill or otherfacility where hazardous waste Is notremoved as part of closure, shall estab-lish a post-closure monitoring and'maintenance trust fund designated,"in trust for the post-closure monitor-ing and' maintenance of the facility."A bank or other financial Institutionapproved by the Regional Administra-tor shall act as trustee of the trustfund. The trust instrument shall pro-vide that whenever, on the basis ofany information, the Regional Admin-istrator determines that the owner oroperator of the facility Is In violationof any of the post-closure monitoringand maintenance requirements, theRegional Administrator shall have theright to use part of all of the fund tocarry out the post-closure monitoringand maintenance for the facility. Thetrustee shall release these funds uponreceiving a copy of a properly servedNotice of Violation for one or morepost-closure monitoring and mainte-nance violations pursuant to §§ 22.36

-FEDERAL REGISTER, VOL 43, NO. 243-MONDAY, DECEMBER 18; 1978



(c) and (d) of the Consolidated Rulesof Practice Governing AdministrativeAssessment of Civil Penalties or theRevocation or Suspension of Permits(43-FR 34729 et. seq.). The amount ofthe annual cash payment shall be cal-culated by multiplying the annualpost-closure operating costs deter-mined under § 250.43-9(a)(2)(i) by16.35. and dividing that product by thesum of -Annuity factor from Table 2appropriate to the period of payment.

TABLE 2

Period of Payment Sum of AnnuityFactor

1 1.002 2.0203 3.0604- 4.1225 "5.2046- 6.3087 7.4348 8.5839 9.755

10 10.95011 12.16912 13.41213 14.68014 15.97415 17.29316 18.63917 20.01218 21.51319 22,84120 24.297

(iii) Reimbursements for post-closurecosts. One year after closure and an-nually, thereafter, for a period oftwenty years, an owner/operator, whohas carried out all necessary post-clo-sure maintenance and monitoring re-quirements specified in § 250.43-7,may, upon applications to the Region-al Administrator, be reimburse out ofthe post-closure monitoring and main-tenance trust fund an amount equal tothe estimated costs for monitoring androutine maintenance for that year. Re-quest for release of funds for reim-bursement must be accompanied by anitemized list of costs incurred. Upondetermination that the expendituresincurred are in accordance with theapproved plan and/or are justified,the Regional Administrator may re-lease the funds. Any funds remainingin the trust at the end of the twenti-eth year will likewise be released tothe owner/operator.

(3) Access and default. Whenever onthe basis of any information the Re-gional Administrator determines thatan owner/operator of a facility is inviolation of any of the requirementsfor closure and/or for post-closuremonitoring and maintenance in§ 250.43-7, the Regional administrator,his officers, employees and agents,shall have the'right to enter upon thefacility and carry out the closure and/or the post-closure monitoring andmaintenance requirements. The Re-gional Administrator may use part ofall of the post-closure monitoring trust

PROPOSED RULES

fund and maintenance to carry outthese requirements and shall obtainsuch funds by applying to the trustee.

(b) Financial responsibility. (1) Fi-nancial responsibility required ofowners or operators during site oper-ation. (I) Amount of finiancial respon-sibility. An owner or operator of ahazardous waste treatment, storage, ordisposal facility shall have and shallmaintain financial responsibility forsudden and accidental occurrences Inthe ount of-$5 million per occurrence,exclusive of legal defense costs, forclaims arising out of injury to personsor property from the release of escapeof hazardous waste into the envrlron-ment from each such facility. Addi-tionally, an owner or operator of ahazardous waste treatment, storage, ordisposal facility, or a group of suchfacilities, shall have and-shall main-tain financial responsibility for non-sudden and accidental occurrences inthe amount of $5 million per occur-rence with a $10 million annual aggre-gate for claims arising out of injury topersons or property from the gradualor steady state release or escape ofhazardous waste to the environmentfrom such facility, or group of facili-ties.

(ii) Establishment of financial re-sponsibility. Financial responsibilitymay be established by any one or acombination of the following*

(A) Evidence of liability insurance.(B) Self Insurance.(C) Other evidence of financial re-

sponsibility. Evidence of financial re-sponsibililty acceptable to the Region-al Administrator must be maintainedduring the operation of the facility.The level of self insurance shall notexceed 10 percent of equity. *

(2) Establishement of Post-closure fi-nancial responsibility for hazardouswaste disposal facilities. EReserved]

(c) Transfer of ownership duringpost-closure. If the owner/operator ofa facility transfers the ownership oroperation of the facility during the 20-year post-closure care pdriod, thefunds remaining in the post-closuremonitoring and maintenance trustfund shall remain In that trust fundfor the remainder of the post-closurecare period. Any reimbursement ofthese funds as provided in § 250.43-9(a)(2)(ii) shall be made to the newowner/operator only if he notifies theRegional Administrator that he agreesto assume full compliance with thepost-closure monitoring and mainte-nance requirement to § 250.43-7.

§ 250.44 Standards for itorage.(a) An owner/operator of a storage

facility as defined in § 250.41, shallstore the hazardous waste in either astorage tank or a storage containerand shall comply with the require-ments of this Section.

59007

(b) Storage of hazardous waste shallbe conducted in such a manner thatno discharge. of hazardous wasteoccurs.

(c) An owner/operator of a storagefacility shall visually inspect the facili-ty daily in accordance with the re-quirements of § 250.43-6 for the pur-pose of detecting any potential dis-charge of hazardous waste.

(d) An owner/operator of a storagefacility may be required by the Re-gional Administrator to comply withall or part of the groundwater and lea-chate monitoring requirements of§ 250.43-8, If the Regional Administra-tor determines that there is a poten-tial for discharge of the hazardous ma-terial.

(e) Each storage area shall have acontinuous base, which is imperviousto the material to be stored, and shallbe designed and constructed so thatany surface water run-off or spills canbe contained until the waste can be re-moved.

f) A hazardous waste which the Re-gional Administrator determines couldcause the Air Human Health and Envi-ronmental Standard (§ 250.42-3) to beexceeded if It were held open to theenvironment, particularly with regardto volatility and toxicity, shall bestored in a storage tank(s) or a storagecontainer(s) until the hazardous wasteis disposed of, treated or incinerated inaccordance with the requirements ofthis Subpart.

(g) Storage tanks and containersshall be of sturdy and leak-proof con-struction in accordance with the Occu-pational Safety and Health Adminis-tration's regulations for storage offlammable and combustible liquids (29CFR Part 1910, Subpart H, § 1910.106)

(h) Storage tanks and containersshall be constructed of materialswhich are compatible with the hazard-ous waste to be contained or shall beprotected by a liner compatible withthe hazardous waste to be containedso that the ability of the storage tankor container to contain the waste isnot impaired.

() A hazardous waste shall not becontained in an unwashed storagetank or ontainer that previously heldan incompatible material (see Appen-dixI).

(j) The Identity and location of allstored hazardous waste shall be known(e.g., via labeling and recordkeeping)throughout the entire storage period.

§ 250.44-1 Storage tanks.(a) Storage tanks which contain

'volatile waste shall not be vented di-rectly to the atmosphere if they havea storage capacity in excess of 19,000liters (5,000 gallons).

(b) All storage tanks above groundshall have a spill confinementstructure(s) (e.g., dike or trench), with




59008a capacity equal to the entire contentsof the largest storage tank, plus suffi-cient freeboard to allow for the con.tainment of precipitation resulting'from a 24-hour, 25-year storm.

(c) Diking requirements and operat-Ing procedures for storage tanks shallbe in accordance with EPA's oil or haz-ardous substances pollution preven-tion regulations (40 CFR Part 112,Subchapter D) issued pursuant to Sec-tion 311 of the Clean Water Act.

§ 250.44-2 Containers.(a) If a container is not in good con-

dition or if the contents of a storagecontainer begin to Iak, the hazardouswaste in the container shall be recon-tainerized in a storage container(s) ingood condition.

(b) A storage container holding haz-ardous waste.shall not be opened, han-dled or stored in a manner which mayrupture the container or. cause it toleak.

(c) A storage facility which storeshazardous waste In storage containersshall have a spill confinementstructure(s) (e.g., dike or trench), witha capacity equal to 10 percent of thecontainerized waste, plus. sufficientfreeboard to allow for containment ofprecipitation resulting from a 24-hour,25-year storm.

(d) Storage containers holding haz-ardous wastes which are incompatible(see Appendix I) shall be separatedfrom each other or protected fromeach other in order to prevent thewastes from mixing, should the con-tainers break or leak.

(e) Empty combustible storage con-tainers (e.g., fibrous and paper con-tainers) which previously containedhazardous waste shall be:

(1) Incinerated in a facility whichcomplies with the requirements of§ 250.45-1, or

S(2).Disposed in a landfill which com-plies with the requirements of§ 250.45-2.

(f) Empty non-combustible storagecontainers (e.g., metal and glass con-tainers), which previously contained'hazardous waste, shall be:

(1) Cleaned by removing hazardouswaste residuals at a permitted facility,and

(1) Transported to a drum recondi-tioner; or

(it) Transported to a metal or glass-recovery facility as scrap for resourcerecovery; or

(2) Transported to a permitted drumreconditioner, with appropriate mani-fest; or

(3) Reused with the same type ofwaste previously contained, or withanother compatible waste providedsuch reue ii lawful under currently

.PROPOSED RULES

applicable U.S. DOT regulations, in-cluding, those set forth in 49 CFR173.28.

(g) Paper bags contaminated withhazardous waste shall be stored inclosed secondary containers.

(h) All containers ,received at haz-ardous waste facilities shall be in com-pliance with §250.25 (containers) ofSubpart B.

§ 250.45 Standards for treatment/disposal.(a) Where practical, disposal of haz-

ardous waste shall be avoided and al-ternatives such as destruction, treat-ment to render the waste non-hazard-ous, or treatment for purposes of re-source recovery and reuse shall be em-ployed.

(b) All facilities which dispose of dis-crete radioactive wastes shall be li-censed by the U.S. Nuclear RegulatoryCommission, or an Agreement State.

(c) An owner/operator' of a facilityshall not treat or dispose of hazardouswaste in a landfill, surface impound-ment, basin, or landfarm if the wastehas any one of the following charac-teristics:

(i) Ignitable waste, as defined in§ 250.13(a), Subpart A;

(if) Reactive waste, as defined in§ 250.13(c), Subpart A;

(i) Contains chemical groups whichare incompatible with wastes in the fa-cility with which they may becomemixed (see Appendix I); or-(iv) Volatile waste.No=-r-A landfill, surface Impoundment,

basin, or landfarm facility may be used totreat or dispose of ignitable, reactive, vola-tile, or incompatible waste provided that theowner/operator can demonstrate to the Re-gional Administrator, at the time a permit isissued pursuant to Subpart E, that suchtreatment or disposal-will not: (1) contributeany airborne contaminant to the atmos-phere such that concentrations above thesource have the potential: (I) to exceed per-missible exposure levels for that airbornecontaminant promulgated in 29 CFR1910.1000 (see Appendix M) pursuant tothe Occupational Safety and Health Act of1970, or (it) to contribute two or more listedairborne contaminants in a manner whichcauses the sum of the following expressionto exceed unity:

, +c 2, .... C

L 1 L2 Ln

Where:E. is the equivalent, exposure of a mixtureof airborne contaminants. C is the concen-tration of a particular contaminant, L is theexposure limit for that contaminant (29CFR 1910.1000, Table Z-1, Z-2, Z-3), and (2)damage the structural integrity of the land--fil, surface -impoundment, or basin, or

affect the attenuation capacity of a land-farm, through heat generation, fires, or ex-plosive reactions.

§ 250.45-1 Incineration.(a) An owner/operator of an Inciner-

ator shall comply with the require-ments of this Section when burninghazardous waste.

(b) Trial burns. (1) The owner/oper-ato shall conduct a trial burn foreach hazardous waste which Is signifi-cantly different in physical ahd chemi-cal characteristics from any previouslydemonstrated under equivalent condi-tions. The trial bum shall include as aminimum the following determina-tions:

(I) An analysis of the hazardouswaste for concentrations of halogensand principal hazardous components;

(i) An analysis of the ash residuesand scrubber effluent for the principalhazardous components;

(lit) An analysis of the exhaust gasfor the concentrations of the principalhazardous components, hydrogen ha-lides, CO, CO., 02, and total particu-lates;

(iv) An Identification of sources offugitive 'emissions and their means ofcontrol;

(v) A measurement of combustiontemperature and computation of resi-dence time;

(vi) A computation of combustion ef-ficiency and destruction efficiency;

(vii) A computation of scrubber effi-ciency in removing halogens;

(2) The results from each trial burnshall be submitted to the Regional Ad-ministrator., (c) Monitoring. The owner/operatorshall monitor and record the followingin each trial burn and each operation-al burn:

(1) Comnbustion temperature;(2) Carbon monoxide and oxygen

concentrations in the exhaust gas on acontinuous basis, and

(3) The rate of hazardous waste,fuel, and excess air fed to the combus-tion system at regular Intervals of nolonger than 15 minutes.

(d) Combustion criteria. (1) The In-cinerator shall operate at greater than1000 ° combustion temperature,greater tan 2 seconds retention time,and greater than 2 percent excessoxygen during incineration of hazard-ous waste, unless the waste Is hazard-ous because It contains halogenatedaromatic hydrocarbons, in which casethe incinerator shall operate at great-er than 1200* C combustion tempera-ture, greater than two seconds reten-tion time, and greater than 3 percent




PROPOSED RULESexcess oxygen during incineration of (3) The incinerator shall be operatedthe hazardous waste. in a manner that assures that emis-

(2) The incinerator shall be operated sions of particulate matter do notat a combustion efficiency equal to or exceed 270 milligrams per dry stand-greater than 99.9 percent, as defined ard cubic meter (0.12 grains per dryin the following equation: standard cubic foot) at zero excess air.

Compliance with this requirementC may be achieved by having particulate

CE co2 X 100 emissions which, when corrected to 12S 10 percent COz by the.formula below, arecc° 2 + Cco less than 180 mlllgrams per standard

cubic meter (0.08 grains per dry stand.Where: ard cubic foot).CE=combustion efficiencyC 20--concentration of CO. in exhaust gas -Cr'0=cwncentration of CO in exhaust gas c PE X C5

Incinerators that burn waste that is Cm X 1.5hazardous only because it is listed in§ 250.14(b)(1) are exempt from this re- Where:quired.

Pe.=corrected particulate emLssions, mg/mNom, To (b) (1) Awm (2).-Incinerators (gr/dscf)may operate at other conditions of tempera- PE.=measured particulate emissIons. mg/ture, retention time, and combusion efgi- m ugr/dscf)ciency if the facility owner/operator can C.=stoichlometrlc Co. concentration. ppmdemonstrate that an equivalent degree of C.=measurcd CO. concentration, ppmcombustion will be provided under alternatecombustion criteria to the conditions pro- (4) The incinerator shall be de-scribed above. . signed, constructed, and operated so

(3) The incinerator shall be operated that fugitive emissions of *unburnedwith a functioning device to cut off hazardous waste and combustion prod-automatically waste feed to the incin-" ucts are controlled.erator when significant changes occur § 250.45-2 Landfills.in flame combustion temperature,excess air, or scrubber water pressure. (a) Site Selction

(e) Destruction and emission control (1) A landfill shall be located, de-.criteria. (1) The incinerator 'shall be signed, constructed, and operated todesigned, constructed, and operated t prevent direct contact between themaintain a destruction efficiency of landfill and navigable water.

(2) A: landfill shall be located, de-99.99 percent as defined in the follow- signed, and constructed so that theing equation, bottom of its liner system or natural

in-place soil barrier is at least 1.5) W -n W meters (5 feet) above the historicalDE n _ ou X .00 high water table.

Win NoT.-The bottom or any liner system ornatural In-place soil barrier may be located

Where. less that 1.5 meters (5 feet) above the lis-he torical high water table, provided theDE=destruction efficiency owner/operator can demonstrate, to the Re-Wj,=mass feed rate of principal toxic coin- gional Administrator, at the time a permit is

ponents of waste going into the inciner- issued pursuant to Subpart E. that no directator (g/min) contact will occur between the landfill.andWmt=mass emissions rate of principal toxic the water table and a leachate monitoring

components in waste in the incinerator system as required by § 250.43-8 can be ade.combusion zone (g/min). quately installed and maintained in the

Incinerators that burn waste that is lesser space.hazardous only because it is listed in (3) A landfill shall be at least 150§ 250.14(b)(1) are exempt from this re- meters (500 feet) from any functioningquirement. public or private water supply or live-

(2) An incinerator used to thermally stock water supply.degrade hazardous waste containing NoLE.-A landfill may be less than 150more than 0.5 percent halogens shall meters (500 feet) from any functioningbe equipped with emission control public or private water supply or livestockwater supply, provided the owner/operatorequipment capable of removing 99 per- can demonstrate to the Regional Adminis..cent of the halogens from the exhaust trator, at the time a permit is issued pursu-gases. ant to Subpart E. that:

59009(I) No direct contact will occur between

the landfill and any functioning public orprivate water supply or livestock watersupply:

(II) No mixing of the landfill leachate(including groundwater or surface watercontaminated with leachate) with the publicor private water supply or livestock watersupply will occur; and

(111) A groundwater'monitoring system asrequired by § 250.43-8 has been installed andis being adequately maintained.

(b) Construction and operation. (1)A landfill shall be located, designed,constructed, and operated to minimizeerosion, landslides, and slumping.

(2) A landfill shall be located, de-signed, constructed, and operated sothat Its liner system or natural in-place soil barrier is compatible with allof the waste to be landfilled.

(3) The exact location of each haz-ardous waste and the dimensions ofeach cell with respect to permanentlysurveyed bench marks shall be record-ed. The contents of each cell shall alsobe recorded. These records shall behandled as specified in § 250.43-5(b).

(4) Waste, containerized or non-con-tainerized, that is incompatible (seeAppendix I) shall be disposed of inseparate landfill cells.

(5) Each container of liquid hazard-ous waste shall be surrounded by anamount of sorbent inert material capa-ble of absorbing all of the liquid con-tents of the container.

(6) The following hazardous wasteshall not be disposed in a landfill:

(i) Ignitable waste, as defined in§ 250.13(a) of Subpart A:

(I) Reactive wiste, as defined in§ 250.13(c) of Subpart A;

(Ill) Volatile waste;Nor.-See Note In § 250.45(c).(iv) Bulk liquids, semi-solids, and

sludges.

Nom.-Bulk liquids, semi-solids, andsludges may be disposed of at a landfill pro-vided such waste Is pretreated and/or stabi-lized (e.g., chemically fixed, evaporated.mixed with dry nert absorbant). or treatedand/or stabilized in the landfill (e.g. mixedwith municipal refuse at acceptable ratios)to reduce Its liquid content or increase Itssolid content so that a non-flowing consist-ency is achieved to eliminate the presenceof free liquids prior to final disposal in alandfill.

(7) Diversion structures (e.g., dikes,drainage ditches) shall be constructedsuch that surface water runoff wil beprevented from entering the landfilL

Nor.-Diver-ion structures may not benecessary provided the uwner/operator candemonstrate to the Regional Administratorat the time a permit is Issued pursuant to


I



59010

Subpart E, that the landfill facility is locat-ed so that the local topography will preventsurface water runoff from entering the fa-cility.

(8) Surface water which has been incontact with thei active portions of alandfill shall be collected and treatedor disposed of as a hazardous waste inaccordance with, requirements in thisSubpart unless it is analyzed andfound not to be hazardous waste asidentified or listed in Subpart A or it iscollected and discharged into a naviga-ble water in compliance with a NPDESpermit issued under the Clean WaterAct.

(9) Where gases are generatedWithin the landfill, a gas collectionand control system shall be installedto control the vertical and horizontalescape of gases from the landfill. --

NOTE.-Gas collection and control systemsshall not be required provided the owner/operator can demonstrate to the RegionalAdministrator, at the time a permit is issued-pursuant to Subpart E, that gases will notbe generated in the landfill or that gasesgenerated will not be in violation of the aircontaminant limits specified in the Note as-sociated with § 250.45(c) and will not createa flammable or explosive atmosphere.

(10) A minimum of 15 centimeters (6inches), of cover material shall be ap-,plied daily on active portions of 'alandfill. Active portions which will nothave additional waste placed on themfor at least one week shall be coveredwith 30 centimeters (12 inches) ofcover material.

NoTE.-An owner/operator may use coversof different thicknesses and/or apply themat different frequencies if he can demon-strate to the Regional Administrator, at thetime a permit is issued pursuant to Subpart -E, that the possibility of fire or explosion orthe harboring, feeding, and breeding of landburrowing animals and vectors will be con-trolled to an equivalent degree.

(11) In areas where evaporation ex-ceeds precipitation by 20 inches ormore and where natural geologic con-'ditions allow, a landfill shall have anatural in-place soil barrier on theentire bottom and sides of the landfill.This barrier shall be at least 3 meters(10 feet) in thickness and consist ofnatural In-place soil which has a per-meability of less than or equal to1 X 10-7 cm/sec. and meets the re-quirements of § 250.45(b)(14).

NoTE.-A natural in-place soil barrierusing natural in-place soils of differentthicknesses and permeabilities may be used,provided the barrier has a thickness greaterthan or equal to 1.5 meters (5 feet), and pro-vided that the owner/operator of the land-fill can demonstrate to the Regional Admin-Istrator, at the time a pernidt is issued pur-suant to Subpart E, that it will provideequivalent containment of leachate.

(12) An owner/operator of a landfillusing the design in paragraph (b)(11)or any similar design which does' not

PROPOSED RULES

have a leachate collection system shalldemonstrate to the Regional Adminis-trator, at the time a permit is issuedpursuant to Subpart E, that liquids,will riot accumulate in the landfill tothe extent that they may be dis-charged to the surface or to ground-water.

(13) In areas where climatic and nat-uial geologic conditions do not allowmeeting, the requirements of para-graph (b)(11), a landfill shall haveeither one of the following liner sys-tems covering the entire bottom andsides of the landfill:

(i) Design I. The liner system shallhave a slope of at least 1 percent at all

-points and be connected at all lowpoints to one or more leachate collec-tion sumps, (which meet the specifica-tions in paragraph (b)(17)), so that

-leachate formed in the landfill willflow by gravity into the leachate col-lection sump(s) from which the lea-chate can be removed and treated ordisposed of as specified 'herein. Theliner system shall consist of:

(A) A soil liner which is at least 1.5meters (5 feet) in thickness and com-posed of natural in-place soif or em-placed soil which has a permeability

-less than or equal to 1 X 10-7 cm/sec.and meets the requirements of para-graph (b)(14); and

(B) A leachate collection and remov-al system overlying the soil linerwhich is at least 30 centimeters (12inches) in thickness and composed ofpermeable soil capable of permittingleachate to move rapidly through thesystem and into the leachate collec-tion sump(s).

(iii) Design II. The liner system shallhave a slope of at least,1 percent at allpoints and be connected at all lowpoints to one or more leachate collec-tion sumps (which meet the specifica-tions of paragraph (b)(17)), so thatleachate formed in the landfill willflow by gravity into the leachate col-lection sump(s) from which the lea-chate can be removed and treated ordisposed of as specified herein. Thelandfill liner system shall consist of:

(A) A leachate detection and remov-al system, placed on the natural baseof the landfill, which shall consist of aminimum of 15 centimeters (6 inches)of permeable soil capable of permit-ting leachate to move rapidly throughthe system and into the leachate col-lection sumps; .

(B) A membrane liner system overly-ing the leachate detection and removalsystem composed of a 15 centimeter (6inch) layer of clean permeable sand orsoil overlaid with a synthetic mem-brane liner which meets the specifica-tions in paragraph (b)(17) and whichis overlaid with a 15' centimeter (6inch) layer of clean permeable sand orsoil;

(C) A soil liner overlying ,the mem.brane liner system which Is at least 1meter (3 feet) in thickness and com-posed of soil which has a permeabilityless than or equal to 1 X 10-1 cm/sec.and meets the requirements of para-graph (b)(14); and

(D) A leachate collection and remov-al system overlying the soil linerwhich Is at least 30 centimeters (12inches) in thicknets and composed ofpermeable soil capable of permittingleachate to move rapidly through the'system and Into the leachate collec-tion sumps.

NoTr.-A landfill may use a different linersystem than the two described above pro.vided the owner/operator can demonlstratoto the Regional Administrator, at the time ap~rmit Is Issued pursuant to Subpart ri, thatthe alternate liner system Includes a linerand a leachate collection and removalsystem that provides equivalent or greaterleachate containment, collection, and re-moval.

(14) The soils used in a soil liner ornatural ifiplace soil barrier shall meetthe following minimum criteria:

(i) Be classified under the Unified-Soil Classification System CL, CH, SCand OH (ASTM Standard D2487-69),

(ii) Allow greater than 30 percentpassage through a no. 200 sieve(ASTM Test D1140),

(iii) Have a liquid limit equal to orgreater than 30 units (ASTM TestD423), "

(iv) Have plasticity greater than orequal to 15 units (ASTM Test D424),

(v) Have a pH of 7.0 or higher (seeAppendix IV), and

(vi) Have a permeability not adverse-ly affected by anticipated waste,

NoT.-Soll not meeting the above criteriamay be used provided the owner/operatorcan demonstrate to the Regional Admints.trator, at the time a permit is issued pursu-ant to Subpart E, that such soil will provideequivalent or greater structural stabilityand waste containment and attenuation,and will not be adversely affected by the an.ticipated waste.

(15) A synthetic membrane linershall meet the following minimum cri-teria:

(i) Be of adequate strength andthickness to insure mechanical Integri-ty and have a minimum thickness of20 mils;

(ii) Be compatible with the waste tobe landfilled;

(iII) Be resistant to attack from soilbacteria and fungus;

(iv) Have ample weather resistanceto withstand the stress of extremeheat, freezing, and thawing;

(v) Have adequate tensile strengthto elongate sufficiently and'withstandthe stress of installation and/or use ofmachinery and equipment;

(vi) Be of uniform thickness, freefrom thin spots, cracks, tears, blisters,and foreign particles;

FEDERAL REGISTER, 'VOL. 43, NO. -243-MONDAY, DECEMBER 18, 1978



PROPOSED RULES

(vii) Be placed on a stable base; and(viii) Have a permeability less than

or equal to lX10-2 cm/sec or its equiv-alent..

(16) A landfill overlying an under-ground drinking water source shallhave a groundwater monitoringsystem and a leachate monitoringsystem as specified in § 250.43-8.

(17)'A leachate collection sump (asrequired in the liner systems specifiedin paragraph (b)(13)) shall be designedand constructed:

(i) Of materials both compatiblewith and impermeable to the leachateformed in the landfill;

(ii) So that the sump is accessible forremoval of leachate if the sump pumpbecomes inoperative and/or the standpipe for removal of leachate becomesdamaged; and

(iii) With a volume equal to or great-er than three-months expected volumeof leachate but no less than 1,00 gal-lons.

(18) The owner/operator shallremove leachate from a leachate col-lection sump as frequently as neces-sary to maintain gravity flow in theleachate collection - and removalsystem .and shall check the leachatecollection sump at least monthly toassure compliance with this require-ment.

(19) Landfill liner systems and natu-ral in-place soil barriers shall not beplaced over earth materials exhibitinga permeability of greater than lxl10-'cm/sec. -

(c) Closure. (1) At closure, theowner/operator of a landfill shallplace a final cover over the landfill.This final cover shall consist of atleast 15 centimeters (6 inched) of soilwith a permeability less than or equalto 1x10- 7 cm/sec which meets the cri-teria of § 250A5-2(b)(14), underlying45 centimeters (18 inches) of soil capa-ble of supporting indigenous vegeta-tion. The top 15 centimeters (6 inches)of this cover shall be topsoil

NorL-A final cover using different thick-nesses and permeabilities may be used pro-vided the owner/operator can demonstrateto the Regional Administrator that it willprovide equivalent cdntrol of Infiltration ofwater, equivalent control of sublimation orevaporation of harmful pollutants into theair, and equivalent erosion control Theowner/operator must also demonstrate thatthe final cover will support indigenous vege-tation.

(2) Where trees or other deep-rootedvegetation are to be planted on thecompleted landfill, the final covershall consist of the 15 centimeter (6inch) soil layer specified in paragraph(c)(1) underlying at least 1 meter (3feet) of soil capable of supporting thedeep-rooted vegetation and, indigenousvegetation.

NoE.-The upper layer soil thickness fordeep-rooted vegetation may be less than Imeter (3 feet) provided the owner/operator

can demonstrate to the Regional Adminis-trator that the roots of the vegetation willnot penetrate the 6-Inch clay cover.

(3) The final grade of the final covershall not exceed 33 percent. Wherefinal grades exceed 10 percent, hori-zontal terraces shall be constructed.Terraces shall be of sufficient widthand height to withstand a 24-hour, 25-year storm. A terrace shall be placedat every 10 feet of rise In elevationwhen the slope is less than 20 percentand at every 20 feet or rise In elevationwhen the slope Is greater than 20 per-cent.

Nom.-The final grade may be of differ-ent design and slope provided the owner/op-erator can demonstrate to the Regional Ad-ministrator that water wil not pool on thefinal cover and that erosion will be mini-mized.

(d) Post-closure care. (1) During thepost-closure period, which shall con-tinue at the landfill for a period of atleast 20 years (see § 250.43-7), theowner-operator of the landfill:

(i) Shall maintain the soil integrity,slope, and vegetative cover of the finalcover and all diversion and drainagestructures;

(ii) Shall maintain the groundwaterand leachate monitoring systems andcollect and analyze samples from thesesystems and collect and analyze sam-ples from these systems in the mannerand frequency specified in § 250A3-8;

(iII) Shall maintain surveyed benchmarks;

(iv) Shall maintain and monitor thegas collectioti and control systemwhere such a system Is installed tocontrol the vertical and horizontalescape of gases; and

(v) Shall restrict access to the land-fill as appropriate for Its post-closureuse.

Norr-The owner or operator of a landfill.may request that certain post-closure re-quirements be discontinued earlier than 20years after closure. The facility owner oroperator shall submit Information to theRegional Administrator to indicate thatsuch post-closure care need not continuci(e.g., no leaks have been detected. technol-

.ogy has advanced, alternate disposal tech-niques are to be employed.) The RegionalAdministrator shall have the discretion toallow discontinuance of one or more ofthese post-closure requirements.

(2) No buildings intended for habita-tion shall be constructed over a land-fill where radioactive waste as listed inSubpart A has been disposed.

§ 250.45-3 Surface impoundments.(a) Site selection. (1) A surface Im-

poundment shall be located, designed.constructed, and operated to preventdirect contact between the surface Im-poundment-and navigable water.

(2) A surface impoundment shall belocated, designed, and constructed sothat the bottom of Its liner system or

natural in-place soil barrier is at least1.5 meters (5 feet) above the historicalhigh water table.

Nora-The bottom of any liner system ornatural in-place soil barrier may be locatedless than 1.5 meters (5 feet) above the his-torical high water table provided theowner/operator can demonstrate to the Re-glonal Administrator, at the time a permit isIssued pursuant to Subpart E. that no directcontact will occur between the surface im-.poundment and the water table, and a lea-chate monitoring system as required in§ 250.43-8 can be adequately installed andmaintained In the lesser space.

(3) A surface impoundment shall belocated at least 150 meters (500 feet)from any functioning public or privatewater supply or livestock water supply.

No-r_-A surface Impoundment may be lo-cated less than 150 meters (500 feet) fromany functioning public or private watersupply or livestock water supply providedthe owner/operator can demonstrate to theRegional Administrator, at the time apermit is Issued pursuant to Subpart E,that:

(1) No direct contact will occur betweenthe surface impoundment and any function-ing public or private water supply or lve-stock water supply;1l) No mixing of the leachate (includinggroundwater or surface water contaminatedwith leachate) with the public or privatewater supply or livestock water supply willoccur. and

(i1) A groundwater monitoring system asrequired by §250A3-8 has been installedand Is being adequately maintained.

(4) A surface impoundment shall belocated, designed, constructed, and op-erated to minimize landslides, slump-ing, and erosion.

(b) Hazardous waste suitable for sur-face impoundments. (1) A surface im-poundment shall not be used to con-tain hazardous waste which is:

(1) Detrimental to any materialbeing used as a barrier to the wastemovement from the surface impound-ment,

(1i) Ignitable waste, as defined in§ 250.13(a) of Subpart A,

(11) Reactive waste, as defined in§ 250.13(c) of Subpart A. or

(v) Volatile waste.Nor--Relative to ii. III, and iv) see Note

associated with § 250.45(c).(2) Hazardous waste which is incom-

patible (see Appendix I) shall not beemplaced together in a surface im-poundment.

(3) AlI hazardous waste shall betested, prior to placement in a surfaceimpoundment, for compatibility withthe intended liner materials to deter-mine whether It will have any detri-mental effect (e.g., cause cracks, disso-lution. decrease mechanical strength.or increase permeability) on the soilsor lining materials used to preventleakage from the .surface impound-ment.(c) Design and constructic~n. (I) A

surface impoundment shall be de-


59011



59012 '

signed and constructed so as to be ca-pable of preventing discharges or re-leases to the groundwater or navigablewater.

(2) Where natural geologic condi-tions allow, a surface impoundmentshall have a natural in-place soil bar-rier on the entire bottom and sides ofthe Impoundment. This barrier shallbe at least 3 meters (10 feet) in thick-ness and composed of natural in-placesoil which meets the specifications ofparagraph (c)(4).

NoTE.-An owner/operator of a surfaceimpoundment may use a natural in-placesoil barrier of different thicknesses and dif-ferent specifications if the owner/operatorcan demonstrate to the Regional Adminis-trator, at the time a permit is issued pursu-ant to Subpart E, that equivalent or greaterwaste containment c b be achieved. Howev-er, under no circumstances shall the thick-ness of the natural in-place soil barrier beless than 1.5 m (5 feet), or its permeabilitybe greater than 10- 7 cm/sec.-

(3) Where geologic conditions & notallow use of the design in paragraph(c)(2), a surface impoundment shallhave a liner system covering the entirebottom and sides of-the impoundment.This liner system shall consist of topliner, a bottom liner and a leachate de-tection system which meet the follow-ing specifications:

(1) The top liner-shall consist of em-placed soil at least 30 centimeters (12inches) in thickness which meets thecriteria in paragraph (c)(4), or an arti-ficial liner which meets the criteria inparagraph (c)(5).

(ii) The bottom liner shall consist ofnatural in-place soil or emplaced soilwhich meets the criteria in paragraph(c)(4) and is at least 1.5 meters (5 feet)in thickness, or an aftificial linerwhich meets the criteria in (c)(5).

(lii) The leachate detection systemshall be a gravity flow drainage systeminstalled between the top and bottomliners and shall be capable of detecting'any leachate that passes through thetop liner. Provisions shall be made forpumping out any leachate that passesthrough the top liner and for removalof noxious gases that occur' in thesystem.

NoTE.-An owner/operator may use a dif-ferent design if he can demonstrate that anequivalent or greater degree of waste con-tainment is achieved. The Regional Admin-Istrator shall take into account the lengthof time the surface impoundment has beenin existence, projected facility life, and afti-ficial liner, natural in-place soil, or em-placed sokl p6ermeability and thickness whenarriving at a decision regarding whether anequivalent degree of. containment exists. Inthe case of existing facilities, the facilityowner/operator may conduct leachate (zoneof aeration) monitoring to determinewhether any significant increase in thebackground levels of chemical species hasoccurred. If no significant increase is ob-served, the design shall be considered toprovide the same or greater degree of per-

'formance. -

PROPOSED RULES

(4) Soils used for, surface impound-merit liners or natural in-place soilbarriers shall:

(i) Be classified under the UnifiedSoil Classification Systems as CL, CH,SC, or OH, (ASTM Standard D2487-69);

(ii) Allow more than 30 percent pas-sage through a No. 200 sieve (ASTMTest D1140);

(iii) Have a liquid limit equal to orgfeater'than 30 (ASTM Test D423);

(iv) Have a plasticity index equal toor greater than 15 (ASTM Test D424);

(v) Have a pH of 7.0 or higher (SeeAppendix IV);

(vi) Have a permeability equal to orless than Ix 10- 7 cm/sec. (ASTIVI TestD2434); and

(vii) Have a permeability not ad-versely affected by the waste to beplaced in the impoundment.

NoTE.-Soil not meeting the above criteriamay be used provided that the owner/opera-tor can demonstrate to the Regional Admin-istrator, at the time a permit is issued pur-suant to Subpart -E, that such soil will pro-vide equivalent or greater structural stabil-ity and waste containment properties andwill not be adversely affected by the wastetd be placed in the impoundment.

(5) Artificial liners for surface im-poundments (e.g., concrete, plastic)shall:

(i) Be of sufficient strength to insuremechanical integrity; -

(ii) Have a minimum thickness of 30mils;

(iii) Be compatible with the waste to-be placed in the impoundment;

(iv) Have a permeability less than or.equal to JX10- cm/pec.; ,

(v) Have an expected service life atleast 25 percent longer than the ex-pected time of facility usage;

(vi)Be placed on a stable base;'(vii) Satisfactorily resist attack from

ozone, ultraviolet rays, soil bacteria,and fungus;

(viii) Have ample weather resistanceto withstand the stress of freezing andthawing;

(ix) Have adequate tensile strengthto elongate sufficiently and withstandthe stress, of installation and/or theuse of machinery or equipment;

(x) Resist laceration, abrasion andpuncture from any matter that maybecontained in the fluids it will hold;

(xi) Be of uniform thickness, free ofthin spots, cracks, tears, blisters, andforeign particles; and

(xii) Be easily repaired.(6) To prevent their rupture, all arti-

ficial liners in a surface impoundmentwhere mechanical equipment is usedfor operation (e.g., sludge dredgingand collecting) shall have a protectivecover of selected clean earth material,not less 'than 45 centimeters (18inches) thick, placed directly on top ofthe liner.

(7) A surface Impoundment shallhave a groundwater monitoringsystem and a leachate monitoringsystem that meet the specifications in§ 250.43-8.

(8) All surface Impoundment dikesshall be designed and constructed In amanner that will prevent discharge orrelease of waste from the facility, bothhorizontally and vertically.

(9) All earthen dikes at the facilityshall be constructed of clay-rich soilwith a permeability less than or equalto 1 x 10-7cm/sec.

(10) All earthen dikes shall have anoutside protective cover (e.g., grass,shale, rock) to minimize erosion bywind and water.

(11) Those surface impoundmentswhich are intended to be closed with-out removing the hazardous wasteshall meet the landfill requirementsunder Section 250.45-2,

(d) Operation'and maintenance. (1)A surface impoundment shall be oper-ated and maintained so that dis.charges or releases to groundwaterand navigable water do not occur.

(2) The freeboard maintained in asurface impoundment shall be capableof containing rainfall from a 24-hour,25-year storm but shall be no less than60 centimeters (2 feet).

(3) Records shall be kept of the con-tents and location -of each surface Im-poundment. These records shall bemaintained as specified In § 250.43-5(b).

(4) The integrity of the natural in-place soil barrier or the liner systeminstalled in a surface impoundmentshall ,be. maintaned until closure ofthe impoundment. The liner system ofnatural In-place soil barrier shall berepaired immediately upon detectionof any failure (e.g., liner puncture),

(5) Surface Impoundment dikes shallbe visually inspected daily, as specifiedunder Section 250,43-6, for the pur-pose of detecting and correcting anydeterioration. Any maintenance or cor-rective action necessary to restore thedike to its original condition shall beaccomplished expeditiously.

(6) Any system provided for detect-ing the failure of a liner system or nat-ural in-place soil barrier shall be visu-ally inspected daily, as specified in

- § 250.43-6, to insure that it Is operating properly for the purpose Intended.

(e) Closure and post-closure. (1)Upon final close-out, all hazardouswaste and hazardous waste residualsshall be removed from the surface Im-poundment, If the Impoundment doesnot meet the landfill requirementsunder § 250.45-2, and disposed of ashazardous waste pursuant to the re-quirements of this Part.

(2) Upon final close-out of a surfaceimpoundment which meets the criteriafor landfills under § 250.45-2, 'all haz-




PROPOSED RULES

ardous waste and hazardous waste re-siduals shall be:

-i) Removed and disposed as hazard-ous waste pursuant to the require-ments of this Part, or

(ii) Treated in the impoundmentpursuant to the note following§ 250.45-2(b) (6) (iv), and then the im-poundment shall be closed accordingto the closure requirements for land-fills under § 250.45-2(c).

(3) Emptied surface impoundmentsshall be filled with an inert fill materi-al and seeded with a suitable grass orground cover crop, or coriverted tosome other acceptable use that meets-the requirement under § 250.43-7.

(4) Those surface impoundmentswhich were -closed as landfills shallmeet all post-closure requirements forlandfills under § 250.45-2(d).

§ 250.45-4 Basins.

(a; A basin shall be constructed ofimpermeable materials of sufficientstrength and thickness to ensure me-chanical integrity and to prevent thedischarge of waste to navigable watersor groundwater.

(b) A basin shall not be used to con-tain hazardous waste which is:

(1) Detrimental to the basin's con-struction materials;

(2) Ignitable waste, as defined in§ 250.13(a) of Subpart A;

(3) Reactive waste, as defined in§ 250.13(c) of Subpart A; or

(4) Volatile waste.

Nom-With respect to (b) (2. 3 and 4). seeNote associated with § 250.45(c).

(C) Hazardous waste which is incom-patible (see Appendix I) shall not beplaced together in a basin.

(d) A hazardous waste shall betested prior to placement in a basin todetermine whether it will have anydetrimental effect (e.g., cause dissolu-tion or corrosion, increase permeabil-ity, decrease mechanical strength) onmaterials used for construction of thebasin..(e) The materials used for construc-

tion of basins shall be compatible withthe hazardous waste and treatmentchemicals to be used under expectedoperating conditions (i.e., temperature,pressure) or shall be protected by aliner compatible with the hazardouswaste and treatment chemicals to beused under expected operating condi-tions.

f) A.basin shall be monitored or vi-sually inspected daily in accordancewith the requirements under § 250.43-6 for leaks, corrosion, cracks, or otherdamages. Any damage detected shallbe repaired immediately.(g) A basin shall have a groundwater

monitoring system meeting the specifi-cations of § 250.43-8.

NoTE.-A basin does not need a ground-water monitoring system if the facility

owner/operator can demonstrate to the Re-gional Administrator, at the time a permit isIssued pursuant to Subpart E. that any leak-ing can be detected by visual inspection orother means.

(h) At final closure, all hazardouswaste and hazardous waste residuesshall have been removed from a basinand disposed of as hazardous wastepursuant to the requirements of Sub-parts B, C, and D.

250.45-5 Landfarms.

(a) Hazardous waste not amenableto landfarming. The following hazard-ous waste shall not be landfarmed:

(1) Ignitable waste, as defined in§ 250.13(a) of Subpart A;

(2) Reactive waste, as defined in§ 250.13(c) of Subpart A;

(3) Volatile waste;(4) Waste which is Incompatible

when mixed (see Appendix I).

Nom.-See Note associated with§ 250.45(c).

(b) General requirements. (1) A land-farm shall be located, designed, con-structed, and operated to preventdirect contact between the treatedarea and navigable water.

(2) A landfarm shall be located, de-signed, constructed, and operated tominimize erosion, landslides, andslumping in the treated area.

(3) A landfarm shall be located,, de-signed, constructed and operated sothat the treated area Is at least 1.5meters (5 feet).above the historicalhigh water table.

NoT-The treated area may be locatedless than 1.5 meters (5 feet) above the his-torical high water table if the owner/opera-tor can demonstrate to the Regional Admin-istrator, at the time a permit is issued pur-suant to Subpart E, that no direct contactwill occur between the treated area and thewater table.

(4) The treated area of a landfarmshall be at least 150 meters (500 feet)from any functioning public or privatewater supply or livestock water supply.

NoT.-The treated area of a landfarmmay be less than 150 meters (500 feet) fromany functioning public or private watersupply or livestock water supply, providedthe facility owner/operator can demon-strate to the Regi6nal Administrator. at thetime a permit is Issued pursuant to SubpartE, that:

(I) No direct contact will occur betweenthe treated area of the landfarm and anyfunctioning public or private water supplyo" livestock water supply.

(11) No migration of hazardous constitu-ents from the soil in the treated area of thelandfil to any public or private water supplyor livestock water supply will occur, and

Oi) A soil monitoring system as specifiedin § 250.45-5(e) has been installed and Isbeing adequately maintained.

(5) A landfarm shall be located onan area that has fine grained soils (i.e.,more than half the soil particles are

less than 713 microns in size which areof one of the following types, as de-fined by the Unified Soil ClassificationSystem (ASTM Standard D 2487-69):

'OH-organic clays of medium to highplasticity; CH-inorganic clays of highplasticity, fat clays, MH-inorganicsilts, mIcaceous or diatomaceous finesandy or silty soils, elastic silts; CL-Inorganic clays of low to medium plas-ticity. gravelly clays, sandy clays, siltyclays, lean clays; OL-organic silts andorganic silt-clays of low plasticity.

No-z.-A landfarm may be located on anarea with soil types other than those speci-fied above provided the owner/operator candemonstrate to the Regional Administratorat the time a permit is issued pursuant toSubpart E that the alternative soil typeswill prevent hazardous constituents fromvertically migrating a distance that exceedsthree times the depth of the zone of incor-poration or 30 centimeters (12 inches).whichever is greater.

(c) Site preparation. (1) Surfaceslopes of a landfarm shall be less than5 percent, to minimize erosion in thetreated area by waste or surface run-off, but greater than zero percent toprevent the waste or water from pond-ing or standing for periods that willcause the treated area to become an-aerobic.

Nomrs-Surface slopes of the landfarmmay be greater than 5 percent provided theovner/operator can demonstrate to the Re-gional Administrator. at the time a permit isIssued pursuant to Subpart E, that suchslopes will not result in erosion caused bywaste or surface run.off in the treated area.

(2) Caves, wells (other than activemonitoring wells), and other directconnections to the subsurface environ-ment within the treated area of alandfarm, or within 30 meters (100feet) thereof, shall be sealed.

(3) Soil pH in the zone of incorpora-tion shall be equal to or greater than6.5 (see Appendix IV).

Nom--Sol pH in the zone of incorpora-tion may be less than 6.5 provided theowner/operator can demonstrate to the Re-gional Administrator, at the time a permit isissued pursuant to Subpart F, that hazard-ous constitutents. especially heavy metals.will not migrate vertically a distance thatexceeds three times the depth of the zone ofIncorporation or 30 centimeters (12 inches).whichever s greater.

(d) Waste application and incorpo-ration. (1) Waste application and in-corporation practices shall prevent thezone of incorporation from becominganaerobic.

(2) Waste shall not be applied to thesoil when It is saturated with water.

Nom-Waste may be applied to the soilwhen it is saturated with water provided theowner/operatoor can demonstrate to the Re-gional Administrator, at the time a permit isissued pursuant to Stdbpart Z, that the soil-waste mixture will remain aerobic and thathazardous constituents, especially heavymetals, will not migrate vertically a distance


59013



59014

that exceeds' three times the depth of thezone of Incorporation or 30 centimeters (12Inches), whicheveri greater.

(3) Waste shall not be applied to the'soil when the soil temperature- is less'than or equal to 0° C.

(4) The pH of the soil-waste mixturein the zone of incorporation shall beequal to or greater than,6.5 and main-tained until the time of facility clo-sure.

NoTE.--The pH of the soil-waste- mixtureIn the zone'of incorporation may be lessthan 6.5 provided the owner/operator candemonstrate to the Regional Administrator,at the time a permit isissued pursuant toSubpart E, that hazardous constituents, es-pecially heavy metals, will not vertically mi-grate a distance that. exceeds three timesthe depth of the zone of incorporation 6r 30centimeters (12 inches), whichever is great-er.

(5) Supplemental nitrogen and phos-phorous added to the soil of the treat-ed area, for the purpose of increasingthe rate of waste biodegradation, shallnot exceed the rates of application xec-ommended for agricultural purposesby the United States Department ofAgricultural or Agricultural ExtensionService.

(e) Soil monitoring. (1) Backgroundsoil- conditions shall be determined. bytaking one soil core per acre in thearea to be treated. 'The, depth of thesoil core shall be three times- thedepth of the zone of incorporation or30 centimeters (12 inches), whicheverIs greater., The bottdm one-third ofthe soil core shall be quantitatively-analyzed for those constituents known,or expected to be in the, waste whichmake it hazardous. At new facilities,soil cores shall be taken and analyzedprior to beginning operation. At exist-ing facilities, background soil coresshall be taken and analyzed within sixmonths after the effective date ofthese regulations:

(2) Soil conditions in the treatedarea ofa landfarm shall be determinedby taking one soil core per acre, semi-annually. The depth of the soil coreshall be three times the depth of thezone of incorporation - or 30 centi-meters (12 inches), whichever is great-er. The bottom one-third of the soilcore shall be quantitatively analyzedfor the constituents in the wastewhich make it hazardous.

NOTE.-Soil monitoring may be conductedby taking less than one soil core per acreand/or by monitoring less frequently thansemi-annually, provided the owner/operatorcan demonstrate to the Regional Adminis-trator, at the time a permit is issued pursu-ant to Subpart E, that hazardous constitu-ents, especially heavy metals,, will be detect-ed before vertically cmigrating a distancethat exceeds three times the depth of thezone of Incorporation or 30 centimeters (12inches), whichever is greater.

PROPOSED RULES

(3), If soil monitoring shows that theconcentration of a. hazardous constitu-

-ent in the bottom one-third of the soilcore- has significantly exceeded the,background levels established in ac-cordance, with paragraph (e)(1), theowner/operator shall: (i) Notify theRegional Administrator within sevendays;

(ii) Determine, by'soil monitoring,the areal extent of vertical contami-nant migration in the soil; and

(iii) Discontinue all la ndfarming inthe contaminated area, as determinedin Cii), untilcorrective measures can betaken.

(f) Growth of fooc-chain crops,Food-chain -crops shall not be grownon the treated area of a landfarm.

(g) Closure. (1) A landfarm shall bedesigned and operated so that, by thetime of closure, the soil of the treated'area(s):

(i) Is returned to its pre-existing con-dition, as established in paragraph'(e)() if the facility began operationafter promulgation of this require-ment (i.e., a new facility).

(ii) Is returned to equivalent pre-ex-isting condition, as determined by soilanalysis of similar local soils that havenot. 'had hazardous waste applied tothem, if the facility began operationprior to the- promulgation of thi - re-quirement (i.e., an existing facility).Soil analysis of similar local soils shallnot be required at existing facilities' ifbackground soil data are available andthose data establish background condi-tions for the treated area(s).

(2) Soil of the treated area(s) of anew- or existing facility that does notcomply with paragraph (g)(1)(i) or (ii),respectively, shall be analyzed to de-termine if' it meets the characteristicsof a hazardous waste as defined inSubpart A. In the event the soil is de-termined to be a hazardous waste, itshall be removed and managed as a-hazardous waste in accordance with allapplicable requirements of this Part.

NoTE.-The soil at a landfarm, If deter-mined to be a hazardous waste, need not beremoved 'provided- the, owner/operator candemonstrate to the Regional Administratorthat, because of its special design and/or be-cause of its location, the landfarm provideslong term integrity and environmental pro-tection equivalent to a landfill as specifiedin § 250.45-2. In the event of such a show-ing, the owner/operator shall comply withthe applicable closure and post-closure pro-visions of § 250.43-7 and 250.45-2(c and d).

§ 250.45-6 Chemical, physical, and biologi-c6l treatment facilities.

(a) The materials used in construe-tion of the treatment facility shall becompatible, under expected operatingconditions (e.g., temperature, pres-sure); with the hazardous waste andany treatment chemicals or reagentsused in the. treatment process.

(b) The hazardous waste shall beanalyzed, as appropriate, prior to so-lection of a treatment technique to do-termine:(1) The proper treatment technique,

the proper feed rates of treatmentchemicals or reagents, and the properoperating conditions (e.g., tempera-ture, pressure, flow rate);.

(2) If the waste or treatment chemi-cals or reagents will have any detri-mental effect (e.g., cause corrosion,dissolution, saltings or scalings) on thematerials used for construction,

(3) If the waste contains any compo-nents or contaminants which may In-terfere with the Intended treatmentprocess (e.g., biological treatment, so-lidification, adsorption processes) ordecreases the effectiveness of thetreatment;

(4) If the waste contains componentsor contaminants which may cause theuncontrolled release of toxic gases orfumes (e.g., HS, HCN) during the In-tended treatment;

(5) If the waste contains componentsor contamliants which may formhighly toxic components with thetreatment chemicals or reagents (e.g.,halogenated hydrocarbons) during theintended treatment.

NoTE.-The analyses of hazardous wastemay be omitted provided the owner/opera.tor can demonstrate to the Regional Admin.istrator that the information provided Inthe manifest is adequate to make the deter.minations required in paragraph (b), or thefacility owner/operator has sufficient infor.mation documenting that the subject haz-ardous waste is similar to a hazardous wastewhich has been previously, treated at the facility where the same treatment conditionsand the same treatment chemicals or rea-gents were used.

(c) Trial- tests (bench scale, pilotplant scale, or other appropriate tests)shall be performed for each hazardouswaste which is new or significantly dif-ferent from hazardous waste previous-ly treated to determine treatmenttechnique and operating conditions,and to evaluate the effectiveness ofthe treatment process and conse-quences of the proposed treatment.I (d) All treatment chemicals or rea-gents used In a treatment process shallbe stored in such a manner as to mini-mize the potential for spills, fires, eX-plosions, or uncontrolled discharges orreleases.

(e) All uncovered reaction vesselsshall be sized to provide no less than60 centimeters (2 feet) freeboard toprevent splashing or spillage of haz-ardous waste during the treatment(e.g., neutralization , precipitation),

(f) A facility shall have the capacityto receive emergency transfer of reac-tor contents,- or shall have emergencystorage capacity to be used In theevent of an equipment breakdown ormalfunction.

FEDERAL REGISTER; VOL. 43, NO. 243-MONDAY, DECEMBER 18, 1978



PROPOSED RULES

(g) A facility which continuouslyfeeds hazardous waste into the treat-

- -ment process shall be equipped withan automatic waste food cutoff or aby-pass system which is activatedwhen a malfunction in the treatmentprocess occurs.

(h) Upon final closure, all hazardouswaste and hazardous waste residualsshall be removed from the facility, andtreated or disposed of as hazardouswaste pursuant to the requirements ofthis Part.

(i) All residuals or by-products froma treatment process (e.g,, sludges,spent resins) shall be analyzed to de-termine whether they are hazardouswaste within the meaning of SubpartA, or assumed to be a hazardous waste.

NoTF--Analyses of treatment residuals orby-products may be omitted provided theowner/operator can demonstrate that thesubject residuals and/or by-products aresimilar to those previously produced at thefacility.

§ 250.46 Special waste standards.Owners and operators of facilities

that treat, store, or dispose of any ofthe special waste covered in this Sec-tion shall comply with the respectiverequirements specified in. this Section

- and sha ll not have to comply with theother requirements of this Subpart orSubparts B and C with respect to aspecial waste.

§ 250.46-1 Cement kiln dust waste.The treatment, storage, and disposal

of cement kiln dust waste determinedto be a hazardous waste under § 250.13of Subpart A are subject to the re-quirements of the following Sectionsof this Subpart:250.43(f) (General Facility Standards-

waste analysis);250.43-1 (General Site Selection-for new

sources only);250.43-2 (Security);250.43-5(a), (b)(1). (b)(2)(i), (b)(6-7). and (c)

(Manifest System. Recordkeeping, andReporting);

250.43-6 (Visual Inspections);250.43-7(k), (1), and (m) (Closure and Post-

Closure); and250.43-8(a) and applicable requirements of

^(c) and (d) which relate to groundwatermonitoring, (Groundwater and LeachateMonitoring-for groundwater monitor-ing only).

§ 250.46-2 Utility waste.(a) The treatment, storage, and dis-

posal of flue-gas desulfurization waste,bottom ash waste ard fly ash waste,which is generated by a steam powerplant solely from the use of fossilfuels, and which is determined to be ahazardous waste under § 250.13 of Sub-part A. are subject to the require-ments of the following Sections of thisSubpart:250.43(f)(h) (General Facility Standards-

waste analysis);

250.43-1 (General Site Selection-for newsources only):

250.43-2 (Security):250.43-5(a), (b)(1). (b)(2)(1). (b)(6-7). and (c)

(Manifest System. Recordkeeping, andReporting);

250.43-6 (Visual Inspections);250.43-7(k). (1) and (m) (Closure and Post

Closure);250.43-8(a) and applicable requirements of

(c) and (d) which relate to groundwatermonitoring, (Groundwater and LeachateMonitoring-for groundwater monitor-ing only)

§ 250.46-3 Phosphate rock mining, benefi.clation, and processing waste.

(a) The treatment, storage, and dis-posal of hazardous waste listed in thisparagraph (and which Is listed as haz-ardous waste in § 250.14 of Subpart A)are subject to the requirements speci-fied in paragraphs (b) and (c).

(1) Over burden. slimes (phosphoricclays) -and tailings from phosphaterock mining;

(2) Waste gypsum from phosphoricacid production; and

(3) Slag and fluid bed prills from ele-mental phosphorus production.

(b) The requirements of the follow-ing Sections of this Subpart are appli-cable to waste listed under paragraph(a):

250.43(f) (General Facility Standards-waste analysis);

250.43-1 (General Site Site Selection-fornew sources only);

250.43-2 (Security);250.43-5(a). (b)(1). (b)(2)(i). (b)(6-7). and (c)

(Manifest System. Rccordkecplng. andReporting);

250.43-6 (Visual Inspections);250.43-7 (k), (1). and (m) (Closure and Post-

Closure); and250.43-8(a), and applicable requirements of

(c) and (d) which relate to groundwatermonitoring. (Groundwater and LeachateMonitoring-for groundwater monitor-ing only).

(c) Additionally, the following re-quirements are applicable to wastelisted under paragraph (a):

(1) Location of waste deposits shallbe recorded on reference maps whichshall be maintained through the oper-ating and post-closure periods.

(2) Land reclaimed by filling withwaste listed in paragraph (a) shall beused for residential development onlywhere provisions have been made toprevent alpha radiation exposure fromRadon 222 inhalation from exceedingbackground levels by 0.03 WorkingLevel Units and gamma radiation fromexceeding background levels by 5micro Roentgens/hour. The possibleneed for special construction methodsfor structures on such reclaimed landshall be identified to any future landowner(s) by recording a stipulation inthe deed of the reclaimed land.

(3) Building products manufacturedfrom waste listed In paragraph (a)

shall not be used if such productscause alpha radiation exposure fromRadon 222 inhalation to exceed back-ground levels by 0.03 Working LevelUnits or cause gamna radiation toexceed background levels by 5 microRoentgens/hour. Purchasers of wasteand of products manufactured fromwaste shall be advised of this require-ment by the seller.

(4) Analysis required under § 250.43-8(c)(5) shall also include determina-tion of Radium concentration in pico-curies/gramn.

(5) Analysis required under § 250.43-8(c)(6) shall also include the following:

(1) Radium. picocuries/gram(i) Phosphate, mg/liter(ill) Fluoride. mg/liter

§ 250.46-i Urunium mining waste.(a) The treatment, storage, and dis-

posal of overburden and waste rock re-sulting from uranium mining (which ishazardous waste listed in §250.14 ofSubpat A) are subject to the require-ments of the following Sections of thisSubpart and to the additional require-ments in paragraph (b):250.43(f) (General Facility Standards-


sources only):250.43-2 (Security);250.43-5(a). (b)l), (b)(2)(i), (b)(6-7). and (c)

(Manifest System, Recordkeping. andReporting);

250.43-6 (Visual Inspections):250.43-7(b), (k). (1). and (m) (Closure and

Post-Closure); and250.43-8(a). applicable requirements of (c)

and Cd) which relate to groundwatermonitoring. (Groundwater and LeachateMonitoring-for groundwater monitor-ing only).

Cb) Additionally, the following re-quirements are applicable to wasteIdentified under paragraph (a):

(1) Location of waste deposits shallbe recorded on reference maps whichshall be maintained throughout theoperating and post-closure periods.

(2) Land reclaimed by filling withwaste identified in paragraph (a) shallbe used for residential developmentonly where provisions have been madeto prevent alpha radiation exposurefrom Radon 222 inhalation from ex-ceeding background levels by 0.03Working Level Units, and gamma radi-ation from exceeding backgroundlevels by 5 micro Roentggns per hour.The possible need for special construc-tion methods for structures on suchreclaimed land shall be identified toany future land owner(s) by recordinga stipulation in the aeed of the re-claimed land.

(3) Building products manufacturedfrom waste Identified in paragraph (a)shall not be used if the products causealpha radiation exposure from Radon222 inhalation to exceed backgroundlevels by 0.03 Working Level Units or


59015



PROPOSED, RULES

gamma radiation to exceed back-ground levels by 5 micro ,Roentgensper hour. Purchasers of waste and ofproducts manufactured from wasteshall be advised of this requirement bythe seller.

(4) Analysis required under § 250.43-8(c)(5) shall also include determina-tion of Radium concentration in pico--curies/gram.

(5) Analysis required under § 250.438(c(6) shall also include the following:

(i) Radium, picocuries/gram(ii) Thorium, picocuries/gram,(iii) Processing reagents, mg/gr.(iv) Molybdenum, mg/gr.(6) As part of closure of subject dis-

posal -facilities, the site shall be re-claimed so as to support plant life in-digenous to the surrounding area andshall be revegetated with such plantlife.

NoTE.-Other plant life may be substitut-ed If the substitute species provide an equiv-alent degree of stability to the soil

§ 250.46-5 -Other mining waste.

The treatment, storage, and disposalof discarded material from the extrac-tion, beneficiation, and processing ofores and minerals, except phosphaterock and uranium ores (which are cov-ered under §§ 250.46-3 and 250.46-4),which are determined to be hazardouswaste under § 250.13 of'Subpart A are

subject to the requirements of the fol-lowing Sections of this Subpart:250.43(f) (General Facility, Standards-

wste analysis);250.43-1 (General Site Selection-for new

- sources only);250.43-2 (Security)'250.43-5(a), (b)(1), (b)(2)(i), (b)(6-7), and (W)

(Manifest System, Recordkeeping, andReporting)'

250.43-6 (Visual Inspections);250.43-7(k). (1), and (m) (Closure and Post-

Closure);250.43-8(a) and applicable requirements of

(c) and (d) which relate to groundwatermonitoring, (Groundwater and LeachateMonitoring--for groundwater, monitor-ing only).

§ 250.46-6 Gas and oil drilling muds andoil production brines.

The treatnent, storage, and disposalof oil and gas drilling muds and oilproduction brines which are deter-mined to be hazardous waste under§250.13 of Subpart A are Wubject tothe r equirements of the following Sec-tions of this Subpart:250.43(f) (General Facility Standards-


sources only);250.43-2 (Security);250.43-5(a), (b)(1), (b)(2)i), (b)(6-7), and (c)

(Manifest System, Recordkecping, andReporting);

250.43-6 (Visual Inspections); and250.43-7(k), (1), and (m) (Closure and Post-

Closure).

FEDERAL REGISTER,- VOL. 43, NO. 243-MONDAY, DECEMBER 18, 1978

5901,6



PROPOSED RULES

Figure 1

59017

IOSIR' APPROVE0

0-4 a 0.

TSDF (TREATMENT, STORAGE OR DISPOSAL FACILITIES) REPORT-

IDENTIFICATION4AAE TSOF IOENTIrICATION COOL

CLOSING gATE

WASTE IN FORMATION

GNERATOR .0. C€Oao MANIFEST DOCUMENT NUMBUR 3HIPPING OESCRIPTIO QUAKTIT UNIT OF

COMMENTS

CERTIFICATION

"I have personally examined and am familiar-with the information submitted in this certif-ication, and I hereby certify under penalty of law that this information is true, accurate,and complete. I am aware that there are significant penalities for submitting false infor-mation, including the possibility of fine and imprisonment."

SIGNATURE DATE

EPA Form 8700-13 (4-78)

FEDERAL REGISTER, VOL 43, NO. 243--MONDAY, DECEMBER 18, 1978

[6560-01-C]



PROPOSED RULES

[6560-01-M]APPENDIX I

INCOMPATIBLE WASTE

Many wastes, when mixed with others at ahazardous'-waste facility, can potentiallyproduce adverse human health and environ-mental effects through means such as thefollowing, (i) heat generation, (2) violent re-

action, (3) release of toxic fumes and gasesas a result of mixing, (4) release of toxic,substances in case of fire or explosion, (5)fire or explosion, and (6) generation of flam-mable or toxic gases.

Below is a summary list of potentially in-compatible -waste materials or componentsand the adverse consequences resultingfrom mixing of waste in one group Withwastd in-another group.

The mixing of, a Group A waste with a Group B waste may have the potential conse-quence as noted.

AceAlkAlkAlAlkCaLiEIArLlLizaSp

AsbBeUnWa

Alu

Group I-A Group I-Betylene sludge -Acid sludge "kaline caustic liquids . Acid and waterkaline cleaner - Battery acidkline eorrosive liquids Chemical cleanerskaline corrosive battery fluid - Electrolyte. acid--ustic.wastewater' Etching acid liquid or solventne sluage and other corrosive alkalies Liquid cleaning-compoundsne wastewater Pickling liquor and other corrosive acids -

ne and water Spent acident caustic - Spentmixed acid

Spent sulfuric acidPotential consequences: Heat generation, violent reaction.

. . Group 2-A . . GroupZ-B,estos waste, and other toxic wastes Cleaning solventsryllim wastes Data processing liquidrinsed pesticide containers Obsolete explosivesste peticides - Petroleum waste

Refinery wasteRetrograde explosivesSolvents

- ,Waste oil and other flammable and explosivewastes

Potential consequences: Release of toxic substances in case of fire or explosion." * ... . - Grup

Group 3-A Group 3-Bminum .. . Any waste in Group I-A or 1-B

BerylliumCalciumLithiumMagnesiumPotassium -

SodiumZinc powder and other reactive metals and metal

hydridesPotential consequences,: Fire or explosion; generation of flammable hydrogen gas.

Group 4-A Group 4-BAlcohols Any concentrated waste in Groups 1-A or I-BWater - Calcium -

LithiumMetal hydridesPotassiumSodiumSO.C. SOCi,, PCL. CILSICI;, and other

water-reactive wastesPotential consequences: Fire, explosion, or heat generation; generation of flammable or

toxic gass..

Group'5-A - - Group ;-B

Alcohols Concentrated Group I-A or I-B wastesAldehydes Group 3-A wastesHalogenated hydrocarbonsNitrated hydrocarbons and-other reactive organic

compounds and solventsUnsaturated hydrocarbons

Potential consequences: Fire. explosion or violent reaction.

Group 6-A - Group 6-BSpent cyanide and sulf ide solutions Group 1-B wastes

Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.• S -

Group 7-A - Group 7-B-- Chlorates and other strong oxidizers Acetic acid and other organic acids

Chlorine Concentrated mineral acidsChlorites - Group 2-B wastesChromic acid Group 3-A wastes

'Hypochlortes . - . Group, 5-A wastes and other flammable andNitrates ,, combustible wastes.Nitric acid. fumingPerchloratesPermanganatesPeroxides

Potential consequences. Fire, explosion, or violent reaction.

Source: "Law:Regulations and Guidelines for Handling of Hazardous Waste". Califor.nia Department of Health. February 1975. -

FEDERAL REGISTEI, VOL 43, NO. 243-MONDAY, DECEMBER 18, 1978

59018



PROPOSED RULES 59019

AsPENDi: 3-EPA INrrann Pnuy AM TABLE Z-1-Continued TAmxZ-1--ContinuedPRoPosED SECONDARY DRINING WATERSTANDARDS

Substance p.psn. M&/M"o Substance p.p.m.* mg-jW4

Parameter Maximum Level Ammona- 50 35 Chloropcrin 0.1 0.7Ammonlum sulfamate Chloroprene (2-chloro-l,3-

A. Intehn primary (mg/i) (Ammate) _ is.. . ._15 butadlene)-Skin - 25 90Arsenic__ __ n-Amyl aetate- 00 525 Chromium soL chromlc,Barium __ L005 se-c-Amyl acetate.....- ....- 2-= I.5 650 chromous sals as Cr- -_ 0.5Barium - Lo Anilne--Skn 5 19 Metal and InoL salts.__._ __ _Cadmium 0.01 AnLsdine (o. p-lsomern)-Skin - 0.5 Coal tar pitch volatilesChromium (M) 0.05 Antimony and compounds (as (benzene soluble fraction)Flouride .4-2.4 Sb) 0.5 anthracene.BaP.Lead . 0.05 ANT(alphansphthyl phenanthrene. acrldlne,Mercury . 0.002 thiourea) .......... ... 0.3 chrysene pyrene - 0.2Nitrate(as N) 10 Arsenic and compounds (as Cobalt, metal fume and dust.. ___ 0.1Selenium 0.01 As). 0.5 Copper fume 0.1Silver 0.05 Arsine 0.05 0.2 Dusts and Mits 1Snd. n 0.002 Aznphos.methyl-Skln . _ 0.2 Cotton dust (raw)_____Lindarie.... . 0.004 Barium (soluble compounds).. 0.5 Crat herbldde_.. .... 15Methoxychlor.. 0.1 p-Benzoquinone. see Qulnone. - Cresol (all Isomersa-Skin- 5 22Toxaphene 0.005 Benzoyl peroxide 5 Crotonaldehyde- 2 62.4-D 0.01 Benzyl chloride_____ 1 5 Cumene--Skin_ _ 50 2452,4.5-TP Si]ez 0.01 BIphenyl. see Diphenyl . Cyanide (as CN)--Skn __ 5

Radium-_ 5 pCi/1 BLsphenol A. see Diglycidyl - Crtloheiave 300 1.050Gross Alpha- . 15 pCi/l ether Cyclohexanol 50 200Gross Beta -*" 4 mmlrem/yr Boron oxide - 15 CyrJohexanone- 50 200Turbidity- - --... . IiTU C Boron trifluoride - 1 3 Cyclohexene 300 1.015Coliform Bacteria - 1/100 ml Bromine 0.1 0.7 Cyclopentadlene 75 200

Bromoform-Ski n.-.--......----- .. 0.5 5 2 4-D 10B. Secondary (mg/i) Butadlene (U. 3.butadiene) - 1.000 2.200 DDT--Skln . ... . . I

Chloride_ 250 Butanethlol, see Butyl DDVP. see Dichlorvos. ..Copper . meraptan Decaborane-i

- - 0.05 0.3Foaming Agents.. 0.5 2-Butanone 200 590 Demeton - n 0.1Hydrogen Sulfide____________ 0.05 -2.Butoxy ethanol (Butyl Diacetone alcohol (4-hydroxy-Iron _________ _ 0.3 Cellosolve)-Skln - 50 240 4-methyl.2-pentanone) .. 50 240Manganese 0.05 Butyl acetate (n.butyl 1.2-dlamlnoethane.seeSulfate . ... 250 acetate) 150 710 Ethylenedlamine .TDS 500 sec-Butyl acetate _ ___ 200 050 Dlazomethane 0.2 0.4Zinc1 o 5 tert-Butyl acetate - 200 950 Dlborane 0.1 0.1Color._ _ olor Units Butyl alcohol. . -.. ........ 100 300 Dlbutylphthalate - 5Corrosivity. . . Non-corrosive sec-Butyl alcohol - 150 450 C oDchoro-- 50 300Odor.- 3 Threshold Odor tert-Butyl alcohol- 100 300 p-Dichlorobemzene 75 450

'Number CButylamlne--Skln _ 5 15 Dlcblorodliluorom ne... 1,000 4.950pH. 6.5-3.5 C tert.Butyl chromate (as 1.3-Dlchloro-5,5-dlmethyl

CrO.1-Skin - 0.1 hydantoln 0.2n-Butyl glycldyl ether tBGE). 50 270 l.1-Dichloroethane---- 100 400

AsNDix M-Pmsrs z ExPosuRE 'Butyl mercatan_-___ 10 35 lZ.Dichloroethylene - 200 790LEvELS FOR AnoNE CoNAmmA. s (29 p-tertButyltluene .. 10 60 C Dichloroethyl ether--Skin. 15 90

1910.1000) Calcium arsenate - 1 Dlchloromethane.seeCalcium oxide _ 5 Methylenechloride .................

Permissible exposure levels for specified *Camphor 2 - Dchloromonofluoromethane. L000 4,200airborne contaminants are given in Tables Carbaryl (SefI)_nI - 5 C 1.1.Dichloro-l.niroeLhsne. 10 60.Z-1 and Z-2 below. Permi le exposure Carbon black____ -.____3.5 1.2-Dfchlaropropane. see

levels for mineral dusts are epnsabe Carbon dloxide..----.... -- 5.000 9,000 Propylenedlchlorlde. - .......ev elor. mheel-uts are gven In Table Carbon monoxide_.. .. 50 55 Dichlorotet-anluoroethane. 1,000 7.000Z-- below. These value are taken from Oc- Chlordane-SkL 0.5 Dlcblorros (DDVP,-Skn- __- - Icupational Safety and Health Administra- Chlorinated camphene-Skin. - 0.5 Dedr1in-Skin . . 0.25tion regulations (29 CFR 1910.1000). Chlorinated diphenyl oxide... 0.5 DiethyLamlne 25 75

'Chlorine -1 3 Dlethylamlno ethsUol-4n. 1 20 50TABLE Z-1 Chlorine dioxide - 0,1 0.3 Dlethylethe see Ethyl ether.

C Chlorine trifluorlde....... 0.1 0.4 Dtfluorod-bromomethne-. 100 860C Chloroacetaldehyde . 1 3 C Dilycidyl ether (DGE) . 0.5 2.8

Substance p.p.m" ng./M36 a-Chloroacetophenone Dlhydroxybenzene see(phenacylchlorlde) - 0.05 0.3 Hydroqulnone

Chlorobenzene Dllzobutyl ketone - 50 290Acetaldehyde--.... 200 360 (monochlorobenzene)_ 75 350 Doapropy'a""" fin.' 5 20Acetic acid......................... 10 25 o-Chlorobenzylldene Dlmethoxymethane seeAcetic anhydride . 5 20 malonontrle (OCBM)_ 0.05 0.04 MethylalAcetone 1,000 2,400 Chlorobromomethnne. . 200 1.050 Dlmethyl acetam1do-Skin. 10 35Acetontrle ........... 40 70 2-Chloro-l,3-butadlene, see Dlmethylanine 10 isAcetylene dichloride, see 1, 2- Chloroprene -.... ..- Dmethylaminobenzene. rce

Dichloroethylene - -. Chlorodlphenyl (42 percent XylideneAcetylene tetrabromide.__. 1 14 Chlorne)-Sldn 1 Dimethylantline (N-dimethyl-Acrolein .... 0.1 0.25 Chlorodlphenyl (54 percent anni]ne)-Skn_ 5 25Acrylamide--Skin .... .... 0.3- Chlorine)--Skin_______ 0.5 Dlmethylbenzene. se Xylene.Acrylonitrile-Skin _ _ 20 45 1-Chloro.2.3.epoxypropane. Dimethyl 1_1-dlbroo-2.2-Aldrin--Skin .......... 0.25 see Epichlorhydrin ......... = dichloroethyl phocphate,Allyl alcohol-Skn.- - . 2 5 2-Chloroethanol. we (1Dbrozm) - 3Allyl chloride_ _ 1 3 Ethylene chlorohydrln - Dimethylformamide-Skin 10 30C Allyl glycidyl ether (AGE)- 10 45 Chloroethylene. see Vinyl 2.&Dtmethylheptanone. seeAllyl propyl disullde ..... . 2 12 chloride - -. Dllsobutyl ketone -2-Aminoethanol. See C Chloroform 1.1-Dhmethylhydrazine-Skin. 0.5 1

Ethanolanlne,____ (trlchloromoethn) 50 240 Dimethylphthalate 52-AminoDyridlne....... . 0.5 2 l.Chloro-l.nitropropane - 29 100 DimethyLulfate-Skin -. 1 5




PROPOSED- RULES

TABLE Z-1-Continued

Substance p.p.m.1 mg./M3 &

Dinitrobenzene (all Isomers)-Skin ..................................

Dinitro-o-cresol-Skin ................................ 0.2Dinitrotoluene-Skin .................... 1.5Dioxane (Diethylene

dioxide)-Skin ............. 100 360Diphenyl .................................... 0.2 1Diphenylmethane

disocyanate (see Methylenebisphenyl socyante (MDI) .................. ..................

Dipropylene glycol methylether-Skin. .................. 100 600

Di-sec, octyl phthalate (DI-2-ethylhexylphthalate) I... .................. 5

Endrin-Skin ............... ....... 0.1Epichlorhydrin-Skin ............... 5 19)EPN-Skin ........ .................. 0.51,2.Epoxypropane. see

Propyleneoxide ...............................2,3-Epoxy-l-propanol. see

Glycidol .................. ...............Ethanethiol, see

Ethylmercaptan ........ .......................Ethanolamine ............................ 3 62.Ethoxyethanol-Skin ............ 200 7402-Ethoxyethylacetate

(Cellosolve acetate)-Skin 100 540Ethyl acetate ............... 400 1.400Ethyl acrylate-Skin ................ 25 100Ethyl alcohol (ethanol) ............ 1.000 1,900Ethylamine ................................. 10 '18Ethyl sec-amyl ketone (5.

methyl-3-heptanone) ............. 25 130Ethyl benzene ............................ 100 435Ethyl bromide ............... 200 890Ethyl butyl ketone (3-

Heptanone) ..................... 50 230Ethyl chloride ............................ 1,000 2,600Ethyl ether ................................. 400 1.200Ethyl formate ............................ 100 300C Ethyl mercaptan .................... 10- 25Ethyl silicate............................. 100 850Ethylene chlorohydrin-Skln. 5 16Ethylenediamlne ...................... 10 25Ethylene dibromide, see 1.2-

Dibromoethane ..................... ..................................Ethylene dichloride. see 1,2-

Dlchloroethane ................. ............C Ethylene glycol dnitrate

and/or Nitroglycrin-Skin.. 80.2 1Ethylene glycol monomethyl

ether acetate, see Methylceliosolve acetate .....................................................

Ethylene imine--Skln.....; ..... 0.5', 1Ethylene oxide.......................... 50 90Ethylidine chloride, see 1,1-

Dichloroethane ................... .....................................N-Ethylmorpholine-Skln 20 94Ferbam ............................ 15Ferrovanadium dust .................................. 1Fluoride (as F) ........................... 2.5Fluorine ...................................... 0.1 0.2Fluorotrichloromethane .......... 1.000 5.600Formic acid ................................. 5 9Furfural-Skin ........................... 5 - 20Furfuryl alcohol ....................... 50 200Glycidol (2,3-Epoxy-I-. propanol) ................ 50 150

Glycol monoethyl ether, see2-Ethoxyethanol ................. ............

Guthlon , seeAzinphosmethyl ........ .......................

Hafniun ............................ .0.5Haptachlor-Skin ...................................... 0.5Haptane (n-haptane) ................ 500 2,000Hexachloroethahe-Skln 1 10Hexachloronaphthalene-

Skin ............................... 0.2Hexane (n.hexane) .................... 500 1,8002-Hexanone ................................. 100 410Hexone (Methyl sobutyl

ketone) .................................... 100 410sec-Hexyl acetate ....................... 50 300Hydrazne-Skin ........................ 1 1.3Hydrogen bromide ................... 3 10.C Hydrogen chloride................ 5 7Hydrogen cyanide-Skin... 10 11Hydrogen peroxide (90%) 1 1.4

TABLE Z-1-Continued

Substance p.p.m. mg./M31

Hydrogen selenide ..................... 0.05 0.2Hydroquinone .......... 2C Iodine ..................... 0.1 1Iron oxide fume ....................... 10 ................. 10Isoamyl acetate .......................... 100 525Isoamyl alcohol ........................ 100 350Isobutyl acetate ............. *. ......... 150 700Isobutyl alcohol ........................ 100 300Isophorone ................................ 25 140Isopropyl acetate ....................... 250 950Isopropyl alcohol ....................... 400 980Isopropylamine ......................... 5 12Isopropylether .......................... 500 2.100Isopropyl glycidyl ether

(IGE) ..................... 50 240Ketene ........................................ 0.5 0.9Lead arsenate .......... . ......... 0.15Lindane-Skin.. ...................... 0.5Lithium hydride ........ . . . .. 0.025L.P.G. (liquified petroleum

gas) . ..... 1.000 1,800Magnesium oxide fume .............................. 15Malthlon-Skn ..... .................. 15Maleic anhydride ................ 0.25 1C Manganese .......................... 5Mesityl oxide ............................. 25 100Methanethlol. see Methyl

mercaptan ......... . . ... . . ...........Methoxychlor ........................................... . 152-Methoxyethanol, see

Methyl cellosolve .......... ...........Methyl acetate ....................... . 200 610Methyl acetylene (propyne)... 1.000 1,650Methyl acetylene-propadiene

mixture (Mapp) ......... 1,000 1.800Methyl acrylate-Skin .............. 10 35Methylal

(dimethoxymethane) ............. 1,000 3.100Methyl alcohol (methanol) ..... 200 260Methylamine ............................. 10 12Methyl amyl alcohol, see

Methyl isobutyl carbinol .........................................Methyl (n-amyl) ketone (2--

Heptanone) ............................ 100 465C Methyl bromide-Skin .......... 20 80Methyl butyl ketone, see 2-

Hexanone ........ .......... . ... . .............Methyl cellosolve-SkIn ........... 25 80Methyl cellosolve acetate-

Skin ....................................... 25 120Methyl chloroform ................... 350 1,900Methylcyclohexane .................. 500 2,000Methylcyclohexanol ................ 100 4700-Methylclohexanone-Skin ... 100 460Methyl ethyl ketene (MEK),

see 2-Butanone ......... ................................. ..Methyl formate ........................ 100 250Methyl Iodide-Skin ................. 5 28Methyl Isobutyl carbinol-

Skin .................................... 25 100Methyl isobutyl ketone, see .

H e x o n e .............. ...................... w a ... ........ .......Methyl isocyanate-Skin 0.02.0.05C Methyl mercaptan .............. 10 20Methyl methacrylate ............... 100 410Methyl propyl ketene. see 2-

Pentanone ........... ...C a Methyl styrene ................. 100 480C Methylene bisphenyl

isocyanate (MDI) ................... 0.02 0.2Molybdenum: .. ...............Soluble compounds .................................... 5

Insoluble compounds ......... .. . ....... 15Monomethyl aniline-Skin 2 9C Monomethyl hydrazine--

Skin ......................................... 0.2 0.35Morpholine-Skn ..................... , 20 70Naphtha (Coaltar) ................... 100 400Naphthalene .............................. 10 50Nickel carbonyl ...... ... 0.001 0.007Nickel, metal and soluble

cmpds, as NI ............................................. 1Nicotine-Skin ............................................ 0.5Nitric acid .................................. 2 5Nitric oxide ................................. 25 30p-Nitroanillne--Skin .............. 1 6Nitrobenzene-Skin ................ 1 5p-Nitrochlorobenzene-Skin ..................... 1

TABLE Z-1-Continued

Substancq p.p.m. mg,/M11

Nitroethane ................................ 100 310Nitrogen dioxide ............... 5 0Nitrogen trifluoride .................. 10 29Nitroglycerin-Skin .................. 0.2 2Nitromethane ............................. 100 250l-Ntropropane ................... 25 02-Nitropropane ... ............ 25 g0Nitroteluene-Skin ............. 5 30Nitrotrichloromethane. see

Choropicrin .............. .......... .....Octachloronaphthalene-Skln .................. 0.1*Octane .................... 500 2.350•Oil mist, mineral ....................... 5Osmium tetroxide ..................... .. .. 0.002Oxalic acid ........................................... . .... 1Oxygen difluoride .................... 0.05 0.1Ozone ........................................... 0.1 0.2Paraquat-Skin ........................ 0.5Parathion-Skin ...................... 0.11Pentaborane ............................ 0.005 0.01Pentachloronaphthalene--

Skin .............................. 0.5Pentachlorophenol-Skn ....................... 0.5"Pentane ................. 1.000 2,9502-Pentanone ............................... 200 100Perchloromethyl mercaptan 0,1 0.8Perchloryl fluoride .................... 3 13.5Petroleum distillates

(naphtha) ................................ 500 2,000Phenol-Skin .............................. 5 10p-Phenylene diamine-Skin .. , .................. 0.1Phenyl ether (vapor) ................. 1 'Phenyl ether-biphenyl

mixture (vapor) ...................... 1 7Phenylethylene, see Styrene ..............................Phenyl glycidyl ether (POE).. 10 60Phenylhydrazine-Skin ............ 5 22Phosdrin (Mevinphos )-

Skin .............................. 0,1Phosgene (carbonyl chloride). 0.1 0.4Phosphine ................................... 0.3 0.4Phosphoric acid ......................... 1Phosphorus (yellow) ................................ 0,1Phosphorus pentachloride ............... IPhosphorus pentasulfide ................. IPhoshorus trichloride ............ 0.5 3Phthalic anhydride ................... 2 12Picric acid-Skin .................................... ... 01Pival (2-Pivalyl.l.3-

indandlone) ........................ 0,1Platinum (Soluble Salts) as Pt .................. 0,002Propargyl alcohol-Skin .......... 1Propane ............................... . ..... 1,000 1.000n-Propyl acetate ................ 200 840Propyl alcohol ......... 1 .............. 200 500n-Propyl nitrate ............ 25 110Propylene dichloride ................ 75 350Propylene iine-Skin ............ 2 5Propylene oxide ............. 100 240Propyne. see Methylacetylene .......................Pyrethrum ......................... 5Pyridine ...................................... . 5 15Quinone .................... 0.1 0.4RDX-Skin ........................... 1.Rhodium. Metal fume and

dusts, as Rh ............................. ...... 0.1Soluble salts ............... .. , 0.001

Ronnel ........................................... 10Rotenone (commercial) ................. . 5Selenium compounds (as SO) ..................... 0,2Selenium hexafluoride ............. 0.05 0,4Silver, metal and soluble

compounds ................................. 001Sodium fluoroacetate (1080)-

Skin .............................. 0.05Sodium hydioxide ....................................... 2Stibine ......................... 0.1 0.5*Steddard solvent .................. 500 2.950Strychnine ..................................... 0.15Sulfur dioxide ........................... , 5 13Sulfur hexafluoride ............... 1.000 000Sulfuric acid ......................... 1Sulfur monochorlde ................. 1 6Sulfur pentafluoride ................. 0.025 0.25Sulfuryl fluoride ........................ 5 20Systox. see Demeton .......... ..............2.4.5T .............................. 10Tantalum ........................... 5


59020



PROPOSED RULES

TABtLZ-1-Continued

Substance p.panA mg./M36

TEDP-kn- . . . . 0.2Tellurium . ..... .. 0.1"Tellurium bexafluoride . 0.02 0.2

TP-Skn -. .- 0.05CTerphenyls . ... 1 91,1,1.2-Tetracloro-2.2-

difluoroethane ..... 500 4.1701,1.2,2-Tetrachloro-1,2-

difluoroethane .... 500 4.170l.1.2,2-Tetrachloroethane--

Skin...... 5 35Tetrachloroethylene, see

Perchloroethylene........."Tetrachloromethane. see

Carbon tetrachloride__.Tetrachloronaphthalene-

Skin_ 2

Tetraethyl lead (as Pb)-Skin....... 0.075Tetrahydrofur-an.......... 200 590Tetramethyl lead fas Pb)-

Skin 0.07

Tetramethyl succinonitrile-

Tetranltromethane ...... 1 8Tetryl (2.4.6-

trlnttrophenylmethylnltramine)-Skin .1.5

Thalium (solublecompounds)-Skin as T. ........... 0.1

TABLE Z-1--Contlnued

Substance pm. mg/M

Thiram - 5Tin (inorganic cmpds. except

oxides 2Tin (organic cmpds) - - 0.1C Toluene-2.4-dllsocysnate- 0.02 014o-Toluldine--Skln. 5 22Toxaphene. see Chlorinated

camphene -Tributyl phosphate... - 51.1.1-Trlchloroethane see

Methyl chloroform -1.1.2-Trichloroethane-Skn - 10 457ltaniumdloxlde - 15TrIchloromethane. see

ChloroformTrlchloronaphthalene-Skin. - 5

.1.2.3.Trlchloropropane - 50 3001.1.2-Trlchloro 1.2.2-

trifluoroethane- 1.000 7.600Trlethylamine 25 100Trifluoromonobromomethane 1.000 6.1002.4.6-TrlnltrophenoL see

Picric acd. -2,4.6-

Trinltrophenylmethylnltrne.see Tetryl -

Trinitrotoluene-Skn - 1.5Triorthocresyl phosphate- - 0.1Triphenyl phosphate. - 3

TABLE Z-2

TABx Z-1-Continued

Substance pAp.m6 mg.M'

Turpentln , 100 560Uranium (sluble compound3) 0.05Uranium (Insoluble

compounds) 0.25C Vanadium:

V.0. dust - 0.5VY Ojfume 0.1

Vinyl benzene. see Styrene- .Vlnylcyanlde. see

AcrylonltrileVinyl toluene 100 480Warfarin - 0.1Zylene (xlol) 1 00 435XylUdne- Skln 5 25Yttrium .. . .1Zinc chloride fume IZinc oxide fume______... . 5Ziroconlum compounds (as

Zr) 5

11970 Addition.'Parts of vapor or gas per million parts of con-

taminated air by volume at 25' C. and 760 mm. FgpressUre.

'Approxlmate milligrams of particulate per cubfcmeter of aIr.

Acceptable maximum peak above the acceptable ceilingMaterial 8-hour time weighted Acceptable ceiling concentration for an 8-hour shift.

average concentration

Concentration Maximum duration

Benzene (Z37.4-1969). ....... 10 p.p.m..... 25 p.p.m 50 p.p.M 10 minutes.Beryllium and beryllium compounds 2 pg./M 3 5 ... . / ..... 25 pg./M 30 minutes.

(Z37.29-1970)_Cadmium fume (Z37.5-1970)........ 0.1 mg./M ..... 3 mg./M -Cadmium dust (Z37.5-1970) - - 0.2 mg./M . ..... 0.6 mg./MCarbon disulfide (Z37.3-1968) ___ 20 p.p.m.... 30 p.p . . . 100 p.p.m Do.Carbon tetrachlorlde (Z37.17-1967).- 10 p.pm . . 25 p.p.m 200 p.p.. 5 minutes in any 4 hours.Ethylene dibromide (Z37.31-1970)- 20 p.p.m ... .. 30 p.p.. 50 p.pm 5 minutes.Ethylene dichloride (Z37.21-1969)- 50 p.p.m ......... 100 p.p- 200 p.p.m 5 minutes in any 3 hours.Formaldehyde (Z37.16-1967).... . 3 p.p.m. . 5.. p.p .m 10 p.pa, 30 minutes.Hydrogen fluoride (Z37.28-1969) ... do-- _ - - -Fluoride as dust (Z37.28-1969) _ _ 2.5 mg./M

3

Lead and its inorganic compounds 0.2 mg./M ....(Z37.11-1969).

Methyl chloride (Z37.18-1969) - 100 p.p.m 200 p..m 300 p.p.m 5 minutes in any 3 hours.Metiylene Chloride (Z37.3-1969) - 500 p.p.m - - 1.000 p.pmA . ........ ... 2.000 p.m 5 minutes In any 2 hours.Organo (alkyl) mercury (Z37.30-1969). 0.01 mg./M . ._ _ 0.04 mg./M 3Styrene (Z37.15-1969)........... 100 p.p m .___ 200 p.p.m 600 p.pm. 5 minutes In any 3 hour-s.Trichloroethylene (M37.19-1967)_..... do.... - ... do 300 p.p.m 5 minutes In any 2 hours.Tetrachloroethylene (Z37.22-1967)...... do _ ...... do- . .... . ...... do 5 minutes In any 3 hours.Toluene (Z37.12-1907)................... 200 p.p m . . .. 300 p.p.m 500 p.pm 10 minutes.Hydrogensulflde (Z37.2-1966). . ...... 20 p.p.m 50 p.pia - 10 minutes once only If no

other measureable exposureoccurs.

M ercury (Z 37.8-1971) . . .. . . ... . . . . . ----- -g 0 --------------.

Chromic acid and chromates (Z37.7- --- - -d 3...... . .1971).

TABLE Z-3-MniERAL DusTs

Substance Mppcf° Mg/M3

Silica:Crystalline:

Quartz (respirable)_-...... 250' 10mg/M'=

%SiO,+5* %SIO,+2Quartz (total dust) .................. 30mg/M

Cristobalite: Use thevalue calculated from thecount or mass formulaefor quartz.

Tridymite: Use % the valuecalculated from theformulae for quartz.

Amorphous, including naturaldiatomaceous earth-..... 20 80mg/Mi

%sio.

TABLE Z-3-MzrNE.AL DusTs

Substance Mppc" Mg/M-

Silicates (less than 1%crystalline silica):

Mica 20Soapstone 20Talc (non.asbestos.forzn) 20Talc (fibrous). Use

asbestos limitTremolite (see talc.

fibrous)Portland cement - 50

Graphite (natural).. 15Coal dust (respirable

fraction less than 57.S1.)... 2.4mg/Wd

orFor more than 5, SIO.- . 10mg/M2

SIO.+2Inert or Nuisance Dust

Resptrable fraction -Total dust.....

TAB. Z-3-MumAtL DUSTS

Subatance Mppcf- Mg/M3

No=: Conversion factoc--mppcfx35.3=m1nLonparticles per cubic meter=partcles per =

SMillions of particles per cubic foot of air, basedon Impinger samples counted by lght-field tech-nlcs.

'The percentage of crystalline silica in the formu-la Is the amount, determined from ar-borne sam-ples, except in those instances in which other meth-od have been shown to be applicable.

AAs determined by the membrane filter method"at 430x phase contrast magnificatfon-

-Both concentration and percent quartz for theapplication of this limit are to be determined fromthe fraction parfng a size-celector with the follow-ing characterstics:

15 5mg/,Is

"Containig 17 quartz: i >1% quart. use50 15mg/.a quartz limlt.


59021



APPErNIx IV-MEMODS FOR DETERMINING Subpart E-Permits for Treatment, Storage, orSOIL PH Disposal of Hazardous Waste

Au Ro ay: Sec. 3005 Pub. L, 94-580, 90A. Method For Soil pH In Water (For Non- Stat. 2808 (42 USC 6925).

Calcareous Soils) - - . . .. . ... . ...

To 20 g. of soil ip a; 50-ml. beaker, add 20ml. of distilled water, and stir the suspen-sion several times during the next 30 min-utes. Let the soil suspension stand for about1 hour to'allow most of the suspended clayto settle, out from the suspension. Adjustthe position of the electrodes in the clafimpsof the electrode holder so that, upon lower-ing the electrods into the beaker, the glasselectrode will be immersed well into thepartly settled suspension, and the calomelelectiode will be Immersed just deep enoughinto the clear supernatant solution to estab-lish a good electrical contact through theground-glass Joint or the fiber-capillaryhole. Then insert the electrodes into thepartly settled suspension as indicated above,measure the pH, and report the results as"soil pH measured in water."

B. Method For Soil pH in O.01m CaCl.Solution (For Calcareous Soils)

Reagents

1. Stock calcium chloride solution (CaCls)3.6M1 Dissolve 1,059 g. of CaCI,.2HEO in dis-tilled water in a 2-liter volumetric- lask.Cool the solution, dilute.it to volume withdistilled water, and mix it well. Dilute 20 ml.of this solution to I liter with distilled waterin a volumetric flask, and standardize it bytitrating a,25 ml. aliquot of the diluted solu-tion with standard 0.IN AgNO, using 1 mLof 5% K.CrO, as the indicator.

2. Calcium chloride (CaCIs) 0.01M: Dilute50 ml, of stock 3.6M CaCt, to 18 liters withdistilled water. If the pH of this solution isnot between 5 and 6.5, adjust the pH by ad-dition of a little Ca(OH). or HCL As a checkon the preparation of this solution, measureits electrical conductivity. The specific con-ductivity should be 2.32 :t: 0.08 rnmho. percm. at 25"C.

Procedure

To 10 g. of soil in a 50 ml. beaker, add 20ml. of 0.01M CaCh, solution, and stir the sus-pension several times during the next 30minutes. Let the soil suspension stand forabout 30 minutes to allow most of the sus-pended clay to settle out from the suspen-sion. Adjust the position of the electrodes inthe clamps of the electrode holder so that.upon lowering the electrodes into thebeaker, the glass electrode will be immersedwell into the partly settled suspension -ndthe calomel electrode will be immersed justdeep enough into the clear supernatant so-lution to establish a good electrical contactthrough the groundglass joint or the fiber-capillary hole. Then insert the electrodesinto the partly settled suspension as indicat-ed above, measure the pH. and report theresults as "soil pH measured in 0.01M CaCI2.

SouncE: "Methods of Soil Analysis". Part.II. Chemical and Microbiological Properties,C. A. Black, Ed. (American Society ofAgronomy). 1965.

§ 250.50 Reference. - -

Regulations developed pursuant toSection 3005 of the Solid Waste Dis-posal Act, as amended by the ResourceConservation and Recovery Act (42USC 6925), concerning permits fortreatment, storage, and disposal ofhazardous waste are being integratedwith similar permit regulations underthe Clean Water Act and the Safe

-Drinking Water Act, and will be pro-posed under Title 40, CFR, Parts 122,124, .and 128.

Subpart F-Guldellnes for Authorized StateHazardous Waste Programs

AuTHorry: See. 3006, Pub. L.,94-580, 90Stat. 2809 (42 USC 6926).

§250.60 Reference.

Guidelines developed pursuant toSection 3006 of the Solid Waste Dis-posal Act, as amended by the ResourceConservation and Recovery Act (42USC • 6926), concerning authorizedState hazardous waste programs arebeing integrated with similar State au-thorization regulations under theClean Water- Act and the Safe Drink-Ing Water Act, and will be proposedunder Title 40, CFR, Parts 122 and123.[FR Doc. 78-34903 Filed 12-15-78; 8:45 am]

[6560.01-M]

[40 CFR Part 250]

[FRL 1014-7]

IDENTIFICATION AND LISTING OFHAZARDOUS WASTE

Advance Notice of Proposed Rulemaking

AGENCY: Environmental ProtectionAgency. V

ACTION: Advance Notice of ProposedRulemaking.

SUMMARY: This Notice solicits-data,information, case studies, and operat-ing experience relevant to the expan-sion-of the" characteristics for identify-ing hazardous wastepursuant to Sec-tion 3001 of the Solid Waste DisposalAct as amended by the Resource Con-servation and Recovery Act of 1976.This Notice should be reviewed in thecontext of the Proposed Rulemakingfor Section 3001 (Subpart A, 40 CFRPart 250) appearing in this same issueof the FEDERAL REGISTER.

DATES: Comments received on orbefore July 1, 1979 will be of primaryimportance in further development ofthese regulations. All comments willbe available for public inspection by

contacting the Docket Section at theaddress below.ADDRESSEES: Comments to: John P.Lehman, Director, Hazardous WasteManagement Division, Office of SolidWaste (WH-565), U.S. EnvironmentalProtection Agency, 401 M Street, SW.,Washington, D.C. 20460. Attn' Section3001 ANPR. Official record for thisrulemaking is available at: Docket Sec-tion, Rm 2111D, U.S. EnvironmentalProtection Agency, 401 M Street, SW.,Washington, D.C. 20460, and availablefor viewing from 9 a.m. to 4 p.m.,Monday through Friday, excludingholidays. "FOR FURTHER INFORMATIONCONTACT:

Mr. Alan S. Corson (202) 755-9187.SUPPLEMENTAL INFORMATION:This Notice begins a second phase ofdata gathering and information devel-opment that commenced with an Ad-vance Notice of Proposed Rulemaking(ANPR) (May 2, 1977, 42 FR 22332-22334). The culmination of this firstANPR was a set of rulemaking propos-als pursuant to Sections 3001, 3002,and .3004 of the Act (appearing intoday's issue of the FEDIRAL REGISTER)and proposals pursuant to 'Section3006 (February 1, 1978, 43 FR 4942-4955), and Section 3003 (April 28, 1978,43 FR 18506-18512).

This ANPR focuses on the need toexpand the data and informationavailable to the Agency to further de-velop EPA's actions under Section3001, beyond the proposal which ap-pears in today's FEDERAL REGISTER (40CFR Part 250; Subpart A). Specifical-'ly, this ANPR solicits data, Informa-tion, case studies, and operating expe-rience which could lead to the addi-tion of further characteristics foridentification of hazardous waste, Theattributes of waste under considera-tion for designation as additional char-acteristics include radioactivity, genet-ic activity, bloaccumulation, and addi-tional aspects of toxicity which wouldinclude toxicity to aquatic organisms,tbxicIty to terrestrial plants, and tox-icity to humans resulting from chronicexposure to organic chemicals.

The implications of the Agency des-ignating characteristics in addition tothose cited in the proposed rulemak-ing elsewhere in today's FEDERAL REG-isTER are potentially significant. Anyperson responding to this ANPRshould review and evaluate the pream-ble to the above-mentioned proposedrule to fully appreciate these implica.tions.

The additional characteristics andtests are described In paragraphs (a)and (b). Comments are specifically in-vited on the following questions.

1. Should the Agency add additionalcharacteristics to those proposed intoday's FEDERAL REGISTER? Are the at-


59022 PROPOSED RULES



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