242 Federal Register /Vol. 60, No. 1/Tuesday, January 3 ... · 242 Federal Register/Vol. 60, No....

242 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 268

[FRL–5129–2]

Land Disposal Restrictions Phase II—Universal Treatment Standards, andTreatment Standards for OrganicToxicity Characteristic Wastes andNewly Listed Wastes

AGENCY: Environmental ProtectionAgency (EPA).

ACTION: Final rule; technicalamendments.

SUMMARY: On September 19, 1994, EPApublished regulations promulgatingcongressionally-mandated prohibitionson land disposal of certain hazardouswastes. This notice corrects errors andclarifies the language in the preambleand regulation of the September 19,1994 final rule.

EFFECTIVE DATE: This rule is effective onDecember 19, 1994.

ADDRESSES: Copies of the rule can beobtained from the RCRA Docket (5305),U.S. Environmental Protection Agency,Room 2616, 401 M Street, S.W.,Washington, D.C. 20460. The RCRADocket is open from 9:00 am to 4:00 pmMonday through Friday, except forfederal holidays. The public must makean appointment to review docketmaterials by calling (202) 260–9327. Thepublic may copy a maximum of 100pages from any regulatory document atno cost. Additional copies cost $0.15per page.

FOR FURTHER INFORMATION CONTACT: Forgeneral information contact the RCRAHotline at (800) 424–9346 (toll free) or(703) 920–9810 in the Washington, DCmetropolitan area. For technicalinformation contact Doug Heimlich(5302W), Office of Solid Waste, 401 MStreet, S.W., Washington, DC 20460,(703) 308–8489.

SUPPLEMENTARY INFORMATION:I. Reasons and Basis for Today’s AmendmentII. Amendments to the Phase II Final Rule

A. Section 268.2B. Section 268.7C. Section 268.9D. Section 268.40E. Section 268.42F. Section 268.48G. Appendix X to Part 268

III. Clarification of IssuesA. State Authority Policy for Universal

Treatment StandardsB. Flowchart Clarification

IV. Rationale for Immediate Effective DateV. Regulatory Impact Analysis

I. Reasons and Basis for Today’sAmendment

The Agency has received commentsfrom the regulated community and Stateagencies requesting clarification oncertain aspects of the September 19,1994 Phase II final rule (59 FR 47982).Today’s amendment responds to thesecomments.

II. Amendments to the Phase II FinalRule

A. Section 268.2Like zinc, vanadium is not considered

to be an ‘‘underlying hazardousconstituent’’ in characteristic wastes. Inthe definition of underlying hazardousconstituent at 268.2(i), vanadium wasinadvertently left out as an exception tothe definition. It is being placed as anexception in the definition at 268.2(i) intoday’s amendment.

B. Section 268.7In the preamble of the Phase II final

rule, EPA stated that, as a simplifyingmeasure, it was amending the LDRnotification requirements to minimizethe amount of information that must beplaced on the LDR notification incertain circumstances (see 59 FR 48004).Prior to promulgation of the Phase IIrule, the hazardous constituents inF001–F005 spent solvents, F039, wastessubject to the California list provisionsof § 268.32 or RCRA section 3004(d),and underlying hazardous constituentsin certain characteristic wastes had to belisted on the LDR notification. In PhaseII, this language was changed so that ifthe generator/treater monitors for all thehazardous constituents in F001–F005spent solvents, F039, and underlyinghazardous constituents in certaincharacteristic wastes, then there wouldbe no need to list any of the constituentson the LDR notification. If, however, thegenerator/treater is monitoring for asubset of these constituents, the subsetof constituents in the waste (or, in thecase of underlying hazardousconstituents in certain characteristicwastes, the ones reasonably expected tobe present at point of generation) wouldbe required to be listed on the LDRnotification. In making this change, EPAinadvertently left out language in§§ 268.7(a)(1)(ii), 268.7(a)(2)(i)(B), and268.7(b)(4)(ii) applying this provision toCalifornia list wastes prohibitedpursuant to § 268.32 or RCRA section3004(d). A reference to these Californialist wastes is therefore being added tothe sections mentioned above in today’samendment.

An error was also found in§ 268.7(a)(1). In this section, EPAexplained that before the Phase II final

rule a generator managing a restrictedwaste that did not meet the applicabletreatment standards set forth in SubpartD of Part 268, or exceeds the prohibitionlevels set forth in § 268.32 or RCRAsection 3004(d), was required, with eachshipment of waste, to notify thetreatment or storage facility in writing ofthe appropriate treatment standards setforth in Subpart D of this part and anyapplicable prohibition levels set forth in§ 268.32 or RCRA section 3004(d).

As explained on page 48004 of thePhase II preamble, EPA dropped therequirement to include the treatmentstandard or the reference to thetreatment standard on the LDRnotification. EPA overlooked theregulatory language above (in italics)when modifications were made in thePhase II rule. Thus it is being removedin this technical amendment. Thestatement is changed to read, ‘‘* * *notify the treatment or storage facility inwriting.’’

Another error was made in§ 268.7(a)(1). Paragraph (v) should havebeen redesignated as paragraph (vi), anda new paragraph (v) added. Althoughparagraph (v) was revised with the newlanguage, the existing language thatshould have been included in paragraph(vi) was inadvertently deleted.Paragraph (vi), with the language thatappeared as paragraph (v) before thePhase II rule, is being added in today’samendments. Also, in order for the newparagraph to read properly, paragraph(iv) was changed to delete the finalword ‘‘and,’’ and paragraph (v) waschanged to add the word ‘‘and’’ at theend.

The same error described in theprevious paragraph was also made in§ 268.7(a)(3): paragraph (vi) should havebeen redesignated as paragraph (vii),and a new paragraph (vi) added.Paragraph (vii), with the language thatappeared as paragraph (vi) before thePhase II rule, is being reinserted today.Also, paragraph (a)(3)(vi) is beingrevised today because it had beenmerely reproduced (incorrectly) fromparagraph (a)(1)(v).

In addition, in § 268.7(a)(8), EPAmodified the alternative treatmentstandards for lab packs from identifyingthe wastes that can be included in labpacks to specifying those wastes that areprohibited from being placed in labpacks. EPA made this change in orderto simplify and clarify this provision.The certification language requiredunder this section is being changed inthis technical amendment to say that thelab pack ‘‘contains only wastes whichhave not been excluded under appendixIV to 40 CFR part 268.’’ The certificationlanguage that reads ‘‘or solid wastes not

243Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

subject to regulation under 40 CFR part261’’ is being removed and is no longerconsidered necessary, because theregulated community has in appendixIV a list of wastes that are prohibitedfrom placement in a lab pack. TheAgency believes that deleting thisstatement is not a substantive change,but rather alleviates unnecessarylanguage.

Finally, in the introductory paragraphof § 268.7(d) and in § 268.7(d)(1),generators or treaters who claim anexemption for hazardous debris fromthe definition of hazardous waste under§ 261.3(e) are subject to notification andcertification requirements that,previously, were to be submitted to the‘‘Director or authorized State.’’ EPArecognizes that this designation isvague, and is specifying in today’samendment that the notification andcertification requirements of § 268.7(d)be submitted to the RegionalAdministrator (or his designatedrepresentative) or State authorized toimplement Part 268 requirements, andin § 268.7(d)(1) to be submitted to theEPA Regional hazardous wastemanagement division director (or hisdesignated representative) or Stateauthorized to implement part 268requirements.

C. Section 268.9A typesetting error was made in

§ 268.9(a), which repeated language thatalready was in the paragraph. Theparagraph is located in the middlecolumn of 59 FR 48045, starting with, Ifthe generator determines that his wastedisplays the characteristic of ignitability* * * and finishes with, as specified inparagraph (b) of this section. Thisredundant portion of the paragraph isdeleted in today’s amendment.Additionally, in section 268.9(d)(2)(i), itstates that in treating wastes that exhibita characteristic, the underlyinghazardous constituents must also betreated, and if not, the certification in§ 268.7(b)(5)(v) applies. There is nosection 268.7(b)(5)(v), and instead theintent was to reference the certificationunder section 268.7(b)(5)(iv). Theerroneous reference is changed intoday’s amendment.

D. Section 268.40EPA established that for certain

characteristic wastes managed in non-Clean Water Act (CWA) wastewatertreatment systems, non-CWA-equivalentsystems, or non-Class I injection wells,the underlying hazardous constituentsreasonably expected to be present in thewaste at point of generation should betreated as well as the hazardouscharacteristic. For D018–D043,

characteristic wastes, this applies toboth wastewaters and nonwastewaters.While in the consolidated treatmenttable in § 268.40 it is noted that theD018–D043 nonwastewaters need tomeet § 268.48 standards, this is notindicated for the wastewaters. Thecorrected table will include therequirements for wastewaters that aremanaged in non-CWA wastewatertreatment systems, non-CWA-equivalentsystems, or non-Class I deep injectionwells.

An improvement in the Phase II finalrule was the simplification of twoequivalent technology-specificcombustion standards in: Table 1—Technology Codes and Description ofTechnology-Based Standards in 40 CFR268.42. The Agency consolidated thedescriptions of INCIN (incineration) andFSUBS (fuel substitution), by combiningthem into one term, CMBST(combustion). In prior rulemakings, thetreatment standard for both wastewatersand nonwastewaters of Acetaldehyde(U001) was listed as ‘‘FSUBS or INCIN;’’In the Phase II final rule, atypographical error left out ‘‘FSUBS’’and only listed the treatment standard,‘‘INCIN.’’ The treatment standard forU001 is thus changed from ‘‘FSUBS orINCIN’’ to ‘‘CMBST.’’

The following changes are also made:• For Ethyl acetate, under F001, F002,

F003, F004, and F005, the CAS numberis corrected to read, ‘‘141–78–6;’’

• For Tetrachloroethylene underK043, the CAS number is corrected toread, ‘‘127–18–4;’’

• For Diphenylamine under K022 andK083, the CAS number is corrected toread, ‘‘122–39–4;’’

• For bis(2–Chloroisopropyl)etherunder U027, the CAS number iscorrected to read, ‘‘39638–32–9.’’

• For Phthalic anhydride under K023,K024, K093, K094, and U190, it isclarified that Phthalic anhydride ismeasured as ‘‘Terephthalic acid,’’ or‘‘Phthalic acid,’’ which are synonymousterms for the same substance.These changes are all made in theconsolidated treatment table in section268.40 in today’s amendment.

E. Section 268.42The definition of combustion

(CMBST), as stated in § 268.42 Table 1,is: ‘‘combustion in incinerators, boilers,or industrial furnaces operated inaccordance with the applicablerequirements of 40 CFR part 264 subpartO, and part 266, subpart H.’’ Thedefinition inadvertently deleted themanagement of hazardous waste duringthe period of interim status, covered inpart 265, subpart O. At 59 FR 48003,EPA affirmed that combining INCIN

(incineration) and FSUBS (fuelsubstitution) into one term, CMBST(combustion) made no substantivechange to the promulgated standards,and, therefore, did not require noticeand comment. The Agency’s leaving outpart 265, subpart O in the definition ofCMBST (combustion), therefore, was anoversight that is being corrected intoday’s amendment. Furthermore, theparenthetical statement on page 48002about part 265 interim status standardswas not intended to be in the preamble,and should be disregarded.

F. Section 268.48

In the table of Universal TreatmentStandards, it was footnoted that zincwas not considered an ‘‘underlyinghazardous constituent’’ in characteristicwastes, according to the definition at268.2(i). Vanadium also is notconsidered an underlying hazardousconstituent in characteristic wastes, andthus, is appropriately footnoted in thistable in today’s amendment.

G. Appendix X to Part 268

As was mentioned in the amendmentfor 268.7(a)(8), EPA modified thealternative treatment standards for labpacks from identifying the wastes thatcan be included in lab packs tospecifying those wastes that areprohibited from being placed in labpacks. As explained earlier in this rule,the language of the § 268.7(a)(8)certification is being changed in today’srule. Appendix X is also being changedto include the revised certificationlanguage for the convenience of thereader.

III. Clarifications

A. Clarification of State Authority Policyfor UTS

The Universal Treatment Standards(UTS) were promulgated in the Phase IIfinal rule pursuant to HSWA authority.In most cases UTS are the same levelsas the previous LDR treatmentstandards, while about forty percent ofthe levels went up or down. In most ofthese cases, the change in the limitsactually reflect adjustments in the limitsof analytical detection, thus actualtreatment will likely continue to destroyor remove organics to nondetectablelevels. Even in those cases where thelevel has changed, the technology basisof the treatment standard has not.Therefore the changes to the treatmentstandards should not be viewed as moreor less stringent.

Concern has been raised regardinghow the UTS should apply in Statesauthorized for the LDRs; specifically,what treatment standards must be met


by a facility located in a LDR-authorizedState: the Phase II UTS levels, or thetreatment standards in a State’sauthorized RCRA program? Anadditional concern is whether theauthorized States would lose theirability to implement their LDRtreatment standards if they weresuperseded by the UTS.

A memorandum from MichaelShapiro, Director of the Office of SolidWaste, to the EPA Regional WasteManagement Division Directors,announced that the new UTS are neithermore nor less stringent than theprevious standards. Therefore, the newstandards do not supersede existingstandards in States authorized. Statesauthorized for the LDRs for some or allwaste streams would continue toimplement the treatment standards forthe streams for which they areauthorized. The new UTS do not apply,for those waste streams, until the Statehas incorporated them into State law.EPA strongly urges States to implementthe new UTS standards as soon aspossible, both for simplicity ofimplementation and nationalconsistency. In any case, State law (asinterpreted by the State) woulddetermine which standards applied.This approach would avoid the dualregulatory problem which would occurduring the time before new HSWArequirements are adopted andauthorized in the State.

EPA has a strong interest inuniformity and consistency ofregulations and believes that theimprovements in the UTS meet theseobjectives. Thus, States are encouragedto adopt and apply for authorization ofthe Phase II LDR rule. States that arecurrently authorized for portions of theLDRs may submit an abbreviatedauthorization revision application forthe UTS. Details about what would berequired for this abbreviatedauthorization are in the memorandum,which can be obtained by calling theRCRA docket.

It should be noted that the Agency,generally, is not relinquishing itsstatutory responsibility to implementsignificant new HSWA rules in States assoon as the rules become effective. Thenew approach set out in thememorandum is reserved only for areasof the hazardous waste program alreadyauthorized and regulated by the States,not new areas of the HSWA regulations.For example, the Phase II ruleestablished treatment standards forseveral newly listed wastes; these newrequirements are immediately effectivein the States and will be enforced byEPA.

B. Flowchart ClarificationEPA is clarifying in today’s

amendment the Phase II flowchartentitled, ‘‘Implementation of Key PhaseII LDRs,’’ at 59 FR 48018. The secondblock from the bottom left poses thequestion, ‘‘Is the waste a mixture of anewly identified TC organic waste(D012–43) with a prohibited listedwaste . . .’’ This language is not correctand should read in full: ‘‘Is the waste aprohibited listed waste, or one of thenewly listed Phase II wastes, that alsoexhibits an organic toxicitycharacteristic?’’

Another clarification is being made onpage 48021, in the first diamond.Questions have been raised as towhether the ‘‘constituents’’ mentionedthere include underlying hazardousconstituents. No, ‘‘constituents’’ doesnot include UHCs. The wording insidethe diamond should say ‘‘Does thetreatment standard for the listed wasteinclude the treatment standard for theconstituent that causes the waste toexhibit the characteristic?’’

C. Telephone Number CorrectionAt 59 FR 47983, Richard Kinch’s

name appeared as an EPA contact for‘‘other information’’ about the Phase IIfinal rule. The phone number providedin the Phase II rule, (703) 308–8414, isincorrect; Mr. Kinch’s telephonenumber is (703) 308–8434.

IV. Rationale for Immediate EffectiveDate

Today’s notice does not create anynew regulatory requirements; rather, itrestates and clarifies requirementsalready in effect by correcting a numberof errors in the September 19, 1994 finalrule (59 FR 47982). For these reasons,EPA finds that good cause exists undersection 3010(b)(3) of RCRA, 42 U.S.C.9903(b)(3), to provide for an immediateeffective date. In addition, there alreadywas full opportunity to comment on allof these issues during the rulemaking sothat further comment is unnecessary.For the same reasons, EPA finds thatthere is good cause under 5 U.S.C.553(b)(3) to promulgate today’scorrections in final form and that thereis good cause under 5 U.S.C. 553(b)(3)to waive the requirement thatregulations be published at least 30 daysbefore they become effective. Finally,EPA notes that although it is notwithdrawing any existing regulatorylanguage, all of today’s revisions operateprospectively.

V. Executive Order 12866Under Executive Order 12866, EPA

must judge whether a regulation is‘‘significant’’ and, therefore, subject to

review under the Executive Order. Dueto the nature of this regulation(technical correction), it is not‘‘significant’’; therefore, no ExecutiveOrder 12866 review is required.

List of Subjects in 40 CFR Part 268

Environmental protection, Hazardouswaste, Reporting and recordkeepingrequirements.

Dated: December 16, 1994.Peter Roberts,Acting Assistant Administrator for SolidWaste and Emergency Response.

For the reasons set out in thepreamble, title 40 chapter I of the Codeof Federal Regulations is amended toread as follows:

PART 268—LAND DISPOSALRESTRICTIONS

1. The authority citation for part 268continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,and 6924.

Subpart A—General

2. In § 268.2, paragraph (i) is revisedto read as follows:

§ 268.2 Definitions applicable in this part.

* * * * *(i) Underlying hazardous constituent

means any constituent listed in§ 268.48, Table UTS—UniversalTreatment Standards, except vanadiumand zinc, which can reasonably beexpected to be present at the point ofgeneration of the hazardous waste, at aconcentration above the constituent-specific UTS treatment standards.

3. Section 268.7 is amended byrevising the introductory text ofparagraphs (a)(1) and (d); revisingparagraphs (a)(1)(ii); (a)(1)(iv), (a)(1)(v),(a)(2)(i)(B); (a)(3)(vi); (a)(8); (b)(4)(ii);and (d)(1); and by adding paragraphs(a)(1)(vi) and (a)(3)(vii) to read asfollows:

§ 268.7 Waste analysis and recordkeeping.(a) * * *(1) If a generator determines that he is

managing a restricted waste under thispart and the waste does not meet theapplicable treatment standards set forthin subpart D of this part or it exceedsthe applicable prohibition levels setforth in § 268.32 or RCRA section3004(d), with each shipment of wastethe generator must notify the treatmentor storage facility in writing. The noticemust include the following information:* * * * *

(ii) The waste constituents that thetreater will monitor, if monitoring willnot include all regulated constituents,


for wastes F001–F005, F039, D001,D002, D012–D043 and in § 268.32 orRCRA section 3004(d). Generators mustalso include whether the waste is anonwastewater or wastewater (asdefined in § 268.2 (d) and (f)), andindicate the subcategory of the waste(such as ‘‘D003 reactive cyanide’’), ifapplicable;* * * * *

(iv) For hazardous debris, thecontaminants subject to treatment asprovided by § 268.45(b) and thefollowing statement: ‘‘This hazardousdebris is subject to the alternativetreatment standards of 40 CFR 268.45;’’

(v) The waste analysis data, whereavailable; and,

(vi) The date the waste is subject tothe prohibitions.

(2) * * *(i) * * *(B) The waste constituents that the

treater will monitor, if monitoring willnot include all regulated constituents,for wastes F001–F005, F039, D001,D002, D012–D043 and § 268.32 or RCRAsection 3004(d). Generators must alsoinclude whether the waste is anonwastewater or wastewater (asdefined in § 268.2 (d) and (f)), andindicate the subcategory of the waste(such as ‘‘D003 reactive cyanide’’), ifapplicable;* * * * *

(3) * * *(vi) For hazardous debris when using

the treatment standards for thecontaminating waste(s) in § 268.40: therequirements described in paragraphs(a)(3) (i), (ii), (iii), (iv), and (vii) of thissection; and,

(vii) The date the waste is subject tothe prohibitions.* * * * *

(8) If a generator is managing a labpack that contains none of the wastesspecified in appendix IV of part 268,and wishes to use the alternativetreatment standard under § 268.42(c),with each shipment of waste thegenerator must submit a notice to thetreatment facility in accordance withparagraph (a)(1) of this section, exceptthat underlying hazardous constituentsneed not be determined. The generator

must also comply with the requirementsin paragraphs (a)(5) and (a)(6) of thissection and must submit the followingcertification, which must be signed byan authorized representative:

I certify under penalty of law that Ipersonally have examined and am familiarwith the waste and that the lab pack does notcontain any wastes identified at Appendix IVto part 268. I am aware that there aresignificant penalties for submitting a falsecertification including possibility of fine orimprisonment.

* * * * *(b) * * *(4) * * *(ii) The waste constituents to be

monitored, if monitoring will notinclude all regulated constituents, forwastes F001–F005, F039, D001, D002,D012–D043 and in § 268.32 or RCRAsection 3004(d). Generators must alsoinclude whether the waste is anonwastewater or wastewater (asdefined in § 268.2 (d) and (f), andindicate the subcategory of the waste(such as D003 reactive cyanide), ifapplicable.* * * * *

(d) Generators or treaters who firstclaim that hazardous debris is excludedfrom the definition of hazardous wasteunder § 261.3(e) of this chapter (i.e.,debris treated by an extraction ordestruction technology provided byTable 1, § 268.45, and debris that theEPA Regional Administrator (or hisdesignated representative) or Stateauthorized to implement part 268requirements has determined does notcontain hazardous waste) are subject tothe following notification andcertification requirements:

(1) A one-time notification, includingthe following information, must besubmitted to the EPA Regionalhazardous waste management divisiondirector (or his designatedrepresentative) or State authorized toimplement part 268 requirements, orState authorized to implement part 268requirements:* * * * *

4. Section 268.9 is amended byrevising paragraph (a) and paragraph(d)(2)(i) to read as follows:

§ 268.9 Special rules regarding wastes thatexhibit a characteristic.

(a) The initial generator of a solidwaste must determine each EPAHazardous Waste Number (waste code)applicable to the waste in order todetermine the applicable treatmentstandards under subpart D of this part.For purposes of part 268, the waste willcarry the waste code for any applicablelisting under 40 CFR 261, subpart D. Inaddition, the waste will carry one ormore of the waste codes under 40 CFR261, subpart C, where the waste exhibitsa characteristic, except in the case whenthe treatment standard for the wastelisted in part 261, subpart D operates inlieu of the treatment standard for thewaste under part 261, subpart C, asspecified in paragraph (b) of thissection. If the generator determines thathis waste displays the characteristic ofignitability (D001) (and is not in theHigh TOC Ignitable Liquids Subcategoryor is not treated by CMBST, or RORGS),or the characteristic of corrosivity(D002), and is prohibited under§ 268.37; or that his waste displays thecharacteristic of toxicity (D012–D043),and is prohibited under § 268.38, thegenerator must determine theunderlying hazardous constituents (asdefined in § 268.2), in the D001, D002,or D012–D043 wastes.* * * * *

(d) * * *(2) * * *(i) If treatment removes the

characteristic but does not treatunderlying hazardous constituents, thenthe certification found in§ 268.7(b)(5)(iv) applies.* * * * *

Subpart D—Treatment Standards

5. Section 268.40 is amended byrevising the table ‘‘Treatment Standardsfor Hazardous Wastes’’ to read asfollows:

§ 268.40 Applicability of TreatmentStandards.

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Notes to Table1 The waste descriptions provided in this

table do not replace waste descriptions in 40CFR part 261. Descriptions of Treatment/Regulatory Subcategories are provided, asneeded, to distinguish between applicabilityof different standards.

2 CAS means Chemical Abstract Services.When the waste code and/or regulatedconstituents are described as a combinationof a chemical with it’s salts and/or esters, theCAS number is given for the parentcompound only.

3 Concentration standards for wastewatersare expressed in mg/l are based on analysisof composite samples.

4 All treatment standards expressed as aTechnology Code or combination ofTechnology Codes are explained in detail in40 CFR part 268.42, Table 1—TechnologyCodes and Descriptions of Technology-BasedStandards.

5 Except for Metals (EP or TCLP) andCyanides (Total and Amenable) thenonwastewater treatment standardsexpressed as a concentration wereestablished, in part, based upon incinerationin units operated in accordance with thetechnical requirements of 40 CFR part 264,subpart O, or part 265, subpart O, or basedupon combustion in fuel substitution unitsoperating in accordance with applicabletechnical requirements. A facility maycomply with these treatment standardsaccording to provisions in 40 CFR 268.40(d).All concentration standards fornonwastewaters are based on analysis of grabsamples.

6 Where an alternate treatment standard orset of alternate standards has been indicated,a facility may comply with this alternatestandard, but only for the Treatment/Regulatory Subcategory or physical form (i.e.,wastewater and/or nonwastewater) specifiedfor that alternate standard.

7 Both Cyanides (Total) and Cyanides(Amenable) for nonwastewaters are to beanalyzed using Method 9010 or 9012, foundin ‘‘Test Methods for Evaluating Solid Waste,Physical/Chemical Methods’’, EPAPublication SW–846, as incorporated byreference in 40 CFR 260.11, with a samplesize of 10 grams and a distillation time of onehour and 15 minutes.

Note: NA means not applicable.

* * * * *6. Section 268.42 is amended by

revising the entry, ‘‘CMBST’’ in Table 1to read as follows:

§ 268.42 Treatment standards expressedas specified technologies.

* * * * *

TABLE 1.—TECHNOLOGY CODES ANDDESCRIPTION OF TECHNOLOGY-BASED STANDARDS

Technologycode

Description of technology-basedstandards

* * * * *CMBST Combustion in incinerators, boil-

ers, or industrial furnaces op-erated in accordance with theapplicable requirements of 40CFR part 264, subpart O; 40CFR part 265, subpart O; or40 CFR part 266, subpart H.

* * * * *

* * * * *7. Section 268.48 is amended by

adding footnote 5 to the entry forVanadium and revising the footnote toread as follows:

§ 268.48 Universal Treatment Standards.

* * * * *

§ 268.48 TABLE UTS—UNIVERSALTREATMENT STANDARDS

* * * * *5 Vanadium and zinc are not ‘‘underlying

hazardous constituents’’ in characteristicwastes, according to the definition at 268.2(i).

Note: NA means not applicable.

8. Appendix X to part 268 is amendedby revising Certification Statement B toread as follows:

Appendix X to Part 268—Recordkeeping, Notification, and/orCertification Requirements.

* * * * *

Certification Statements

* * * * *B. I certify under penalty of law that

I personally have examined and amfamiliar with the waste and that the labpack does not contain any wastesidentified at Appendix IV to part 268. Iam aware that there are significantpenalties for submitting a falsecertification including possibility of fineor imprisonment.* * * * *[FR Doc. 94–32118 Filed 12–30–94; 8:45 am]

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