Land Disposal RestrictionsPhase IV: Issues Associated With Clean Water Act Treatment Equivalency, and Treatment Standards for Wood Preserving Wastes and Toxicity Characteristic Metal Wastes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[EPA530-Z-95-011; FRL-5314-5]

RIN 2050 AE05

Land Disposal Restrictions--Phase IV: Issues Associated With

Clean Water Act Treatment Equivalency, and Treatment Standards for Wood

Preserving Wastes and Toxicity Characteristic Metal Wastes

AGENCY: Environmental Protection Agency (EPA, the Agency).

ACTION: Proposed rule; correction.

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SUMMARY: On August 22, 1995, EPA published a proposed rule that

presented three approaches for addressing whether wastewater treatment

surface impoundments receiving decharacterized wastes provide treatment

that is equivalent to that provided under the land disposal

restrictions (LDR) program. The approaches focused on whether hazardous

constituents are treated to the same extent as would occur under the

LDR program. One of the options presented, option 2, included

flowcharts that should facilitate the public's understanding of the

approach. An error was found in the flowchart, and this error is

corrected in today's notice. The Agency is also pointing out

inconsistencies between the UTS Tables at 60 FR 43682 and 43696, which

are not in agreement with regard to the list of constituents proposed

for regulation in F032, F034, and F035 and the universal treatment

standards proposed for several of the constituents. Two errors were

also identified in the proposed treatment standards in the table at

43682. These will be corrected in today's notice.

ADDRESSES: Copies of the proposed rule can be obtained from the RCRA

Docket (5305), U.S. Environmental Protection Agency, Room 2616, 401 M

Street, SW., Washington, DC 20460. The RCRA Docket is open from 9:00 am

to 4:00 pm Monday through Friday, except for federal holidays. The

public must make an appointment to review docket materials by calling

(202) 260-9327. The public may copy a maximum of 100 pages from any

regulatory document at no cost. Additional copies cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information contact the

RCRA Hotline at (800) 424-9346 (toll free) or (703) 412-9810 in the

Washington, DC metropolitan area. For technical information about the

correction to the flowchart, contact Elaine Eby (5302W), Office of

Solid Waste, 401 M Street, SW., Washington, DC 20460, (703) 308-8449,

or Mary Cunningham at (703) 308-8453. For technical information on the

F032, F034, F035 treatment standards, contact Jose Labiosa at (703)

308-8464.

SUPPLEMENTARY INFORMATION:

I. Reasons and Basis for Today's Notice

The Agency has noticed certain portions of the August 22, 1995

Proposed Rule are in error. Today's notice corrects those errors. The

Agency has not done a comprehensive proofreading of the proposed rule,

so it is possible there are other errors that are not addressed by this

correction notice. The Agency believes they would be inconsequential,

however, and would not affect commenters' ability to understand the

proposal. If questions arise that are not addressed by this correction

notice, call the RCRA Hotline or the appropriate contact listed in the

Phase IV proposed rule.

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II. Corrections to the Phase IV Proposed Rule

A. Figure 2: Option 2 Flowchart

The Agency is today revising the flowchart titled ``Figure 2:

Option 2--Applicability Criteria and Management Standards for Air

Emissions.'' The previous flowchart for the Option 2 air emission

standards showed an oversimplification of the RCRA Subpart CC

provisions. In order to eliminate confusion, EPA has subsequently

revised the flowchart to show more clearly that this option would

extend, but would not change, the RCRA Subpart CC standards, and to

refer the reader directly to those standards. In addition, EPA is

clarifying that Subpart CC does not require implementation of air

emission controls for biological treatment surface impoundments which

are operated at the requisite efficiency.

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B. Table, ``Proposed BDAT Standards for F032, F034, F035''

Where inconsistencies exist in UTS tables at 60 FR 43682 and 43696,

EPA is directing the reader to the proposed list of regulated

constituents and the proposed UTS limits in the table at 60 FR 43682 as

being correct. Comments on the UTS limits in the proposed rule should

refer to this particular table. The UTS table at 43696 is in error for

these wastes.

The following changes are also made to the table on page 43682:

For 2, 4-Dimethylphenol, the BDAT Standard for Wastewaters

is corrected to read, ``0.036 mg/l;''

For 2, 3, 4, 6-Tetrachlorophenol, the BDAT Standard for

Wastewater is corrected to read, ``0.030 mg/l.''

List of Subjects in 40 CFR Part 268

Hazardous waste, Reporting and recordkeeping requirements.

Dated: October 5, 1995.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 95-26467 Filed 10-24-95; 8:45 am]

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