DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Methods Innovation Rule and SW-846 Final Update IIIB

1)	Section 260.11 is revised and replaced in its entirety to read as follows: 

§ 260.11 References.
(a) When used in parts 260 through 100 of these regulations, the following publications are incorporated by reference. These incorporations by reference were approved by the Director of the Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the Federal Register.  Copies may be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460, libraryhq@epa.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These documents are also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) 
    
(b) The following materials are available for purchase from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.

(1) ASTM D-93-79 or D-93-80, “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” IBR approved for § 261.21.
   
(2) ASTM D-1946-82, “Standard Method for Analysis of Reformed Gas by Gas Chromatography,” IBR approved for §§ 264.1033, 265.1033.

(3) ASTM D 2267-88, “Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography,” IBR approved for § 264.1063.

(4) ASTM D 2382-83, “Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' IBR approved for §§ 264.1033, 265.1033.

(5) ASTM D 2879-92, “Standard Test Method for Vapor Pressure--Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,” IBR approved for § 265.1084.

(6) ASTM D-3278-78, “Standard Test Methods for Flash Point for Liquids by Setaflash Closed Tester,” IBR approved for § 261.21(a).

(7) ASTM E 168-88, “Standard Practices for General Techniques of Infrared Quantitative Analysis,” IBR approved for § 264.1063.

(8) ASTM E 169-87, “Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis,” IBR approved for § 264.1063.

(9) ASTM E 260-85, “Standard Practice for Packed Column Gas Chromatography,” IBR approved for § 264.1063.

(10) ASTM E 926-88, “Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,” Test Method C--Bomb, Acid Digestion Method.

(c) The following materials are available for purchase from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; or for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800.

(1) “APTI Course 415: Control of Gaseous Emissions,” EPA Publication EPA-450/2-81-005, December 1981, IBR approved for §§ 264.1035, 265.1035, 270.24, 270.25.

(2) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry, PB99-121949, IBR approved for Part 261, Appendix IX.

(3) The following methods as published in the test methods compendium known as “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, Third Edition.  A suffix of “A” in the method number indicates revision one (the method has been revised once). A suffix of “B” in the method number indicates revision two (the method has been revised twice). A suffix of “C” in the method number indicates revision three (the method has been revised three times). A suffix of “D” in the method number indicates revision four (the method has been revised four times).

(i) Method 0010, dated September 1986 and in the Basic Manual, IBR approved for Part 261, Appendix IX.
(ii) Method 0020, dated September 1986 and in the Basic Manual, IBR approved for Part 261, Appendix IX.

(iii) Method 0030, dated September 1986 and in the Basic Manual, IBR approved for Part 261, Appendix IX.

(iv) Method 1320, dated September 1986 and in the Basic Manual, IBR approved for Part 261, Appendix IX.

(v) Method 1311, dated September 1992 and in Update I, IBR approved for Part 261, Appendix IX, and §§ 261.24, 268.7, 268.40.

(vi) Method 1330A, dated September 1992 and in Update I, IBR approved for Part 261, Appendix IX.

(vii) Method 1312 dated September 1994 and in Update II, IBR approved for Part 261, Appendix IX.

(viii) Method 0011, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX, and Part 266, Appendix IX.

(ix) Method 0023A, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX, Part 266, Appendix IX, and § 266.104.

(x) Method 0031, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX.

(xi) Method 0040, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX.

(xii) Method 0050, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX, Part 266, Appendix IX, and § 266.107.

(xiii) Method 0051, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX, Part 266, Appendix IX, and § 266.107.

(xiv) Method 0060, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX, § 266.106, and Part 266, Appendix IX.

(xv) Method 0061, dated December 1996 and in Update III, IBR approved for Part 261, Appendix IX, § 266.106, and Part 266, Appendix IX.

(xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR approved for Part 261, Appendix IX.

(xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX.

(xviii) Method 1020B, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX.

(xix) Method 1110A, dated November 2004 and in Update IIIB, IBR approved for § 261.22 and Part 261, Appendix IX.

(xx) Method 1310B, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX.

(xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX and §§ 268.40, 268.44, 268.48.

(xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX and §§ 268.40, 268.44, 268.48.

(xxiii) Method 9040C, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX and § 261.22.

(xxiv) Method 9045D, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX.

(xxv) Method 9060A, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX, and §§ 264.1034, 264.1063, 265.1034, 265.1063.

(xxvi) Method 9070A, dated November 2004 and in Update IIIB, IBR approved for Part 261, Appendix IX.

(xxvii) Method 9095B, dated November 2004 and in Update IIIB, IBR approved, Part 261, Appendix IX, and §§ 264.190, 264.314, 265.190, 265.314, 265.1081, 268.32.

(d) The following materials are available for purchase from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.

(1) “Flammable and Combustible Liquids Code” (1977 or 1981), IBR approved for §§ 264.198, 265.198.

(2) [Reserved]

 (e) The following materials are available for purchase from the American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.

(1) API Publication 2517, Third Edition, February 1989, “Evaporative Loss from External Floating-Roof Tanks,” IBR approved for § 265.1084.

(2) [Reserved]

(f) The following materials are available for purchase from the Environmental Protection Agency, Research Triangle Park, NC.

 (1) “Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised”, October 1992, EPA Publication No.EPA-450/R-92-019, IBR approved for Part 266, Appendix IX.

(2) [Reserved]

(g) The following materials are available for purchase from the Organisation for Economic Co-operation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.

(1) OECD Green List of Wastes (revised May 1994), Amber List of Wastes and Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations), IBR approved for § 262.89 of these regulations.

(2) [Reserved]

2)	Section 260.21 is amended by revising paragraph (d) to read as follows:  

§ 260.21 Petitions for equivalent testing or analytical methods. 

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(d) The petitioner may also consult "Test Methods for the Evaluation of Solid Waste: Physical/Chemical Methods," SW 846, available from the U.S. Environmental Protection Agency, Office of Solid Waste, Washington, D.C. 20460, for the approved methods utilized by the Department.  If the Director amends the regulations to permit use of a new testing method, the method will be incorporated by reference in § 260.11 and added to “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington, DC 20460.

3)	Section 260.22 is amended by revising paragraph (d)(1)(i) to read as follows:  

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

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(d) If the waste is listed with code "T" in Subpart D,

(1) The petitioner must demonstrate that the waste:

(i) Does not contain the constituent or constituents (as defined in Appendix VII of Part 261 of these regulations) that caused the Commission to list the waste;or , using the appropriate test methods prescribed in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in § 260.11; or

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4)	Section 261.3 is amended by revising paragraph (a)(2)(v) to read as follows:  

§ 261.3 Definition of hazardous waste.
(a) A solid waste, as defined in § 261.2, is a hazardous waste if it has no commercial use or value and:
(1) It is not excluded from regulation as a hazardous waste under § 261.4(b); and 
(2) It meets any of the following criteria:
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(v) Rebuttable presumption for used oil.  Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of Part 261 of these regulations.  Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW 846, Third Edition, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of Part 261 of these regulations).  EPA Publication SW 846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250 7954. 202-512-1800  (document number 955 001 00000 1).  This document is also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) and the State Publications Depository Libraries.
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5)	Section 261.21 is amended by revising paragraph (a)(1) to read as follows:  

§ 261.21 Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: 
(1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60oC (140oF), as determined by a Pensky‑Martens Closed Cup Tester, using the test method specified in ASTM Standard D‑93‑79 or D‑93‑80 (incorporated by reference, see § 260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM standard D‑3278‑78 (incorporated by reference, see § 260.11). , or a Miniflash Continuously Closed Cup Tester, using the test method specified in ASTM D- 6450-99 (incorporated by reference, see § 260.11), or as determined by an equivalent test method approved by the Department under the procedures set forth in §§ 260.20 and 260.21.
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6)	Section 261.22 is amended by revising paragraphs (a)(1) and (2) to read as follows:  

§ 261.22 Characteristic of corrosivity. 
(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: 
(1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in "Test Methods for the Evaluation of Evaluating Solid Waste, Physical/Chemical Methods, "EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55oC (130oF) as determined by Method 1110A the test method specified in NACE (National Association of Corrosion Engineers) Standard TM 01 69 as standardized in "Test Methods for the Evaluation of Evaluating Solid Waste, Physical/Chemical Methods, "EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.
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7)	Section 261.35 is amended by revising paragraphs (b)(2)(iii)(A) and (B) to read as follows:  
§ 261.35  Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement.

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(2) Cleaning Requirements.
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(iii) Analytical requirements.

(A) Rinses must be tested using an appropriate method. in accordance with SW-846, Method 8290.

(B) "Not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.  the following lower method calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50 µL. For other congeners--multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.

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8)	Appendix I to Part 261 is amended to read as follows:  
APPENDIX  I 
 REPRESENTATIVE SAMPLING METHODS
The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled.  Samples collected using the sampling protocols listed below, for sampling waste with properties similiar similar to the indicated materials, will be considered by the Department to be representative of the wastes.
Extremely viscous liquid – ASTM Standard D140-70
Crushed or powdered material – ASTM Standard D346-75
Soil or rock like material – ASTM Standard D420-69

Soil like material – ASTM Standard D-1452 65
Fly ash like material – ASTM Standard D2234-76

[ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, PA.  19103]

Containerized liquid wastes   "COLIWASA" described in "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods, "* U.S. Environmental Protection Agency, Office of Solid Waste, Washington, D.C.  20460.

[Copies may be obtained from Solid Waste Information, U.S. Environmental Protection Agency, 26 W. St. Clair St., Cincinnati, Ohio  45268]

Liquid waste in pits, ponds, lagoons, and similar reservoirs.  – “Pond Sampler." described in "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods."*
This manual also contains additional information on application of these protocols.
                    
*  These methods are also described in "Samplers and Sampling Procedures for Hazardous Waste Streams, "EPA 600/2 80 018, January 1980.

9)	Part 261 is amended by removing and reserving Appendices II and III as follows:  

Appendix II to Part 261 – [Reserved]
Appendix II to Part 261 -- Method 1311
Toxicity Characteristic Leaching Procedure (TCLP)
Note: The TCLP (Method 1311) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in ' 260.11 of these regulations.

	Appendix III to Part 261 – [Reserved]
Appendix III to Part 261 -- CHEMICAL ANALYSIS TEST METHODS
Note: Appropriate analytical procedures to determine whether a sample contains a given toxic constituent are specified in Chapter Two, "Choosing the Correct Procedure" found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in ' 260.11 of these regulations.  Prior to final sampling and analysis method selection, the individual should consult the specific section or method described in SW-846 for additional guidance on which of the approved methods should be employed for a specific sample analysis situation.

10)	Section 264.190 is amended by revising paragraph (a) to read as follows:  
§ 264.190 Applicability.
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(a) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in § 264.193.  To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test method must be used: Method 9095B (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW 846, as incorporated by reference in § 260.11 of these regulations. 

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11)	Section 264.314 is amended by revising paragraph (b) to read as follows:  
§ 264.314 Special requirements for bulk and containerized liquids. 
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(b) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used:  Method 9095B (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" EPA Publication SW 846, as incorporated by reference in § 260.11 of these regulations. 

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12)	Section 264.340 is amended by revising paragraphs (e)(1)(ii) and (g)(2) to read as follows:  

Subpart O – Incinerators, Boilers and Industrial Furnaces 
§ 264.340 Applicability. 
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(e) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this subpart, except for § 264.347.

(1) To be exempt from §§ 264.341 through 264.346, and 265.140, an owner or operator of a metal recovery furnace or mercury recovery furnace must comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, must comply with the requirements of paragraph (e)(3) of this section, and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting NESHAP must comply with the requirements of paragraph (h) of this section.

(i) Provide a one-time written notice to the Director indicating the following:
(ii) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this paragraph under procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in § 260.11 of these regulations or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method by using appropriate methods; and
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(g) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium, or ruthenium, or any combination of these are conditionally exempt from regulation under this subpart, except for § 264.347. To be exempt from §§ 264.341 through 264.346, and 265.140, an owner or operator must:
(1) Provide a one-time written notice to the Director indicating the following:
(i) The owner or operator claims exemption under this paragraph;
(ii) The hazardous waste is burned for legitimate recovery of precious metal; and
(iii) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this paragraph; and

(2) Sample and analyze the hazardous waste as necessary to document that the waste is burned for recovery of economically significant amounts of precious metal using procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in § 260.11 of these regulations or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method; and Sample and analyze the hazardous waste as necessary to document that the waste contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metal; and

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13)	Section 264.341 is amended by revising paragraph (a) to read as follows:  

§ 264.341 Waste analysis. 

(a) In addition to the general waste analysis requirements in § 264.13 of these regulations, and as a portion of the trial burn plan required by § 100.28 of these regulations, the owner or operator must  
have included an analysis of the waste feed sufficient to provide all information required by § 100.28(c) of these regulations.  The owner or operator must provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in Appendix VIII of Part 261 of this chapter that may reasonably be expected to be in the waste. Such constituents must be identified and quantified if present, at levels detectable by using appropriate analytical procedures. The Appendix VIII, Part 261 constituents excluded from this analysis must be identified and the basis for their exclusion explained. This analysis will be used to provide all information required by this subpart and §§ 100.41(b)(5) and 100.28(c) of these regulations and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis must be included as a portion of the part B permit application, or, for facilities operating under the interim status standards of this subpart, as a portion of the trial burn plan that may be submitted before the part B application under provisions of § 100.28(g) of these regulations as well as any other analysis required by the permit authority in preparing the permit. Owners or operators of new hazardous waste incinerators, boilers or industrial furnaces must provide the information required by § 100.28 or § 100.41(b)(5) of these regulations to the greatest extent possible.

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14)	Section 264.344 is amended by revising paragraph (a) to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

(a) General. The owner or operator must comply with the metals standards provided by paragraphs (b), (c), (d), (e), or (f) of this section for each metal referenced listed in paragraph (b) of this section that is present in the hazardous waste at detectable levels by using appropriate analytical procedures. specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846), incorporated by reference in § 260.11.

15)	Section 264.347 is amended by revising paragraph (b)(1) and paragraph (b)(2)(i) to read as follows:  

§ 264.347 Regulation of residues.

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(b) The owner or operator demonstrates that the hazardous waste does not significantly affect the residue by demonstrating conformance with either of the following criteria:

(1) Comparison of waste-derived residue with normal residue. The waste-derived residue must not contain Appendix VIII, Part 261 constituents (toxic constituents) that could reasonably be attributable to the hazardous waste at concentrations significantly higher than in residue generated without burning or processing of hazardous waste, using the following procedure. Toxic compounds that could reasonably be attributable to burning or processing the hazardous waste (constituents of concern) include toxic constituents in the hazardous waste, and the organic compounds listed in Appendix VIII to § 264.348 of these regulations that may be generated as products of incomplete combustion. Sampling and analyses shall be in conformance with procedures prescribed in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, incorporated by reference in § 260.11(a) of these regulations. For polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be performed to determine specific congeners and homologues, and the results converted to 2,3,7,8-TCDD equivalent values using the procedure specified in section 4.0 of Appendix IX to § 264.348 of these regulations.

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(2) Comparison of waste-derived residue concentrations with health-based limits—

(i) Nonmetal constituents. The concentration of each nonmetal toxic constituent of concern (specified in paragraph (b)(1) of this section) in the waste-derived residue must not exceed the health-based level specified in Appendix VII to § 264.348 of these regulations, or the level of detection (using analytical procedures prescribed in SW-846), whichever is higher. If a health-based limit for a constituent of concern is not listed in Appendix VII to § 264.348 of these regulations, then a limit of 0.002 micrograms per kilogram or the level of detection (which must be determined by using appropriate analytical procedures), (using analytical procedures contained in SW-846, or other appropriate methods), whichever is higher, must be used. The levels specified in Appendix VII to § 264.348 of these regulations  (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of Appendix VII to § 264.348 of these regulations) are administratively stayed under the condition, for those constituents specified in paragraph (b)(1) of this section, that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in § 268.40 of these regulations for F039 nonwastewaters. In complying with those alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable Department guidance or standards, the owner or operator is deemed to be in compliance for that constituent. Until new guidance or standards are developed, the owner or operator may demonstrate such good faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above the level provided by § 268.40 of these regulations for F039 nonwastewaters. In complying with the § 268.40 of these regulations F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans.

Note to this paragraph: The administrative stay, under the condition that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in § 268.40 of these regulations for F039 nonwastewaters, remains in effect until further administrative action is taken and notice is published in the Colorado Register Register.

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16)	Appendix IX to Section 264.348 is amended to: a) Revise sections 1.0 and 3.0; b) Revise the first paragraph of section 4.0; c) revise paragraph (2) of section 10.3; d) Revise the introductory text of the fifth bullet of paragraph (1) of section 10.5; e) Revise the third dash text under the second bullet of paragraph (2) of section 10.5; f) Revise the third and introductory text of the fifth bullet of paragraph (5) of section 10.5; g) Revise the introductory text of the fourth bullet of paragraph (1) of section 10.6; and Revise the third and the introductory text of the fourth bullet of paragraph (5) of section 10.6.  The revisions are as follows:

Appendix IX to § 264.348 -- Methods Manual for Compliance With the BIF Regulations
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Section 1.0  Introduction
This document presents required methods for demonstrating compliance with CDPHE regulations for boilers and industrial furnaces (BIFs) burning hazardous waste (see Subpart O of Part 264 of these regulations). The methods iIncluded in this document are: 
1. Performance Specifications for Continuous Emission Monitoring (CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases. 
2. Sampling and Analytical (S&A) Methods for Multiple Metals, Hexavalent Chromium, HCl and Chlorine, Polychlorinated Dibenzo-p-dioxins and Dibenzofurans, and Aldehydes and Ketones. 
23. Procedures for Estimating the Toxicity Equivalency of Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners. 
34. Hazardous Waste Combustion Air Quality Screening Procedures (HWCAQSP). 
45. Simplified Land Use Classification Procedure for Compliance with Tier I and Tier II Limits. 
56. Statistical Methodology for Bevill Residue Determinations. 
67. Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies. 
78. Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine. 
89. Alternate Methodology for Implementing Metals Controls. 
a. Sampling and analytical methods for multiple metals, hexavalent chromium, HCl and chlorine, polychlorinated dibenzo-p-dioxins and dibenzofurans, and aldehydes and ketones can be found in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Publication SW-846). Additional methods referenced in Subpart O of Part 264 of these regulations but not included in this document can be found in 40 CFR parts 60 and 61, and "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (SW-846). 
b. The CEM performance specifications of section 2.0, the relevant sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of SW-846, incorporated by reference in § 260.11,  the S&A methods of section 3.0 and the toxicity equivalency procedure for dioxins and furans of section 4.0 are required procedures for determining compliance with BIF regulations.  You must use appropriate methods for the determination of: (i) chloride from HCl/Cl2 emission sampling train; and (ii) carbonyl compounds by high-performance liquid chromatography. The CEM performance specifications and the S&A methods are interim. The finalized CEM performance specifications and methods will be published in SW-846 or 40 CFR parts 60 and 6l. 
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3.0    SAMPLING AND ANALYTICAL METHODS
Note: The sampling and analytical methods to the BIF manual are published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846., as incorporated by reference in § 260.11 of these regulations.

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Section 4.0      Procedure for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners
PCDDs and PCDFs must be determined using the method given in section 3.4 of this document whichever is the most recent version between SW-846 Method 0023A (incorporated by reference, in § 260.11) as identified, or OAQPS Method 23 of Appendix A to Part 60. In this method, individual congeners or homologues1 are measured and then summed to yield a total PCDD/PCDF value. No toxicity factors are specified in the method to compute risks from such emissions. 
1  The term "congener" refers to any one particular member of the same chemical family; e.g., there are 75 congeners of chlorinated dibenzo-p-dioxins. The term "homologue" refers to a group of structurally related chemicals that have the same degree of chlorination. For example, there are eight homologues of CDs, monochlorinated through octachlorinated. Dibenzo-p-dioxins and dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are denoted as "2378" congeners, except when 2,3,7,8-TCDD is uniquely referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both referred to as "2378-PeCDFs." 
****** 
10.3      Basis 
The viability of this method depends on three fundamental assumptions: 
(1) ****** 
(2) The metal concentrations in the collected kiln dust can be accurately and representatively measured. (using procedures specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), incorporated by reference in § 260.11 of these regulations). 
(3) ****** 
*******
10.5      Implementation Procedures 
A step-by-step description for implementing the method is provided below: 
(1) Prepare initial limits and test plans. 
******
•	Follow the appropriate guidelines described in SW-846 for preparing test plans and waste analysis plans for the following tests: 
*******

********
10.5      Implementation Procedures 
A step-by-step description for implementing the method is provided below: 
******
(2) Conduct tests to determine the enrichment factor. 
•	****** 
•	Simultaneous stack samples and kiln dust samples must be taken. 
-- Stack sampling must be conducted with the multiple metals train according to procedures provided in section 10.3 of this Methods Manual. 
-- Kiln dust sampling must be conducted as follows: 
-- Follow the appropriate sampling and analytical procedures such as those described in SW-846 and the waste analysis plan as they pertain to the condition and accessibility of the dust. 
-- Samples should be representative of the last ESP or Fabric Filter in the APCS series. 
•	****** 
******
10.5      Implementation Procedures 
A step-by-step description for implementing the method is provided below: 
******
(5) Monitor metal concentrations in kiln dust for continuing compliance, and maintain compliance with all compliance limits for the duration of interim status. 
•	****** 
•	****** 
•	Follow the sampling, compositing, and analytical procedures described in this method and in SW-846 other appropriate methods, as they pertain to the condition and accessibility of the kiln dust. 
•	Follow the same procedures and sample at the same locations as were used for kiln dust samples collected to determine the enrichment factors (as discussed in Step 2). 
•	Samples must be collected at least once every 8 hours, and a daily composite must be prepared according to SW-846 appropriate procedures. 
****** 
******
10.6      Precompliance Procedures 
****** 
(1) Prepare initial limits and test plans. 
•	****** 
•	****** 
•	****** 
•	Follow the appropriate procedures described in SW-846 for preparing waste analysis plans for the following tasks: 
-- Analysis of hazardous waste feedstreams. 
-- Daily and/or weekly monitoring of kiln dust concentrations for continuing compliance. 
******
10.6      Precompliance Procedures 
****** 
(5) Monitor metal concentration in kiln dust for continuing compliance, and maintain compliance with all precompliance limits until certification of compliance has been submitted. 
•	****** 
•	******
•	 Follow the sampling, compositing, and analytical procedures described in this method and in SW-846 other appropriate methods, as they pertain to the condition and accessibility of the kiln dust. 
•	Samples must be collected at least once every 8 hours, and a daily composite prepared according to SW-846 appropriate procedures. 
******
******

17)	Section 264.1034 is amended by revising paragraphs (c)(1)(ii), (c)(1)(iv), (d)(1)(iii) and (f) to read as follows:  

§ 264.1034 Test methods and procedures.
******
 (c) Performance tests to determine compliance with § 264.1032(a) and with the total organic compound concentration limit of § 264.1033(c) shall comply with the following:
(1) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(i) Method 2 in 40 CFR Part 60 for velocity and volumetric flow rate.
(ii) Method 18 or Method 25A in 40 CFR Part 60, Appendix A, for organic content.  If Method 25A is used, the organic HAP used as the calibration gas must be the single organic HAP representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.

****** 

(iv) Total organic mass flow rates shall be determined by the following equation:
(A) For sources utilizing Method 18.

where:
Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm, ppm-1.
(B) For sources utilizing Method 25A.

where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm.
****** 
(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this subpart, the owner or operator must make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:
(1) Direct measurement of the organic concentration of the waste using the following procedures:
****** 
(iii) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060A or 8260 of SW-846 (incorporated by reference under § 260.11) of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication 
SW-846, or analyzed for its individual organic constituents.

****** 
(f) When an owner or operator and the Director do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 (incorporated by reference under § 260.11) may be used to resolve the dispute. the dispute may be resolved by using direct measurement as specified at paragraph (d)(1) of this section.

18)	Section 264.1063 is amended by revising paragraph (d)(2) to read as follows:  

§ 264.1063 Test methods and procedures.
****** 
(d) In accordance with the waste analysis plan required by § 264.13(b), an owner or operator of a facility must determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds 10 percent by weight using the following:

****** 

(2) Method 9060A or 8260 of SW-846 (incorporated by reference under § 260.11) of “Test Methods for Evaluating Solid Waste,” EPA Publication SW-846, for computing total organic concentration of the sample, or analyzed for its individual organic constituents; or

****** 

19)	Appendix IX to Part 264 is amended to read as follows:  

APPENDIX IX--GROUNDWATER MONITORING LIST1
Ground-Water Monitoring List1	

Common name21	
CAS RN32	
Chemical abstracts service index name43	
Suggested methods5	
PQL
(μg/L)6	

Acenaphthene	
83-32-9	
Acenaphthylene, 1,2-dihydro-	
8100
8270	
200
10	

Acenaphthylene	
208-96-8	
Acenaphthylene	
8100
8270	
200
10	

Acetone	
67-64-1	
2-Propanone	
8240	
100	

Acetophenone	
98-86-2	
Ethanone, 1-phenyl-	
8270	
10	

Acetonitrile; Methyl cyanide	
75-05-8	
Acetonitrile	
8015	
100	

2-Acetylaminofluorene; 2-AAF	
53-96-3	
Acetamide, N-9H-fluoren-2-yl-	
8270	
10	

Acrolein	
107-02-8	
2-Propenal	
8030
8240	
5
5	

Acrylonitrile	
107-13-1	
2-Propenenitrile	
8030
8240	
5
5	

Aldrin	
309-00-2	
1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro- 1,4,4a,5,8,8a-hexahydro- (1αalpha,4αalpha,4aβbeta,5αalpha,
8αalpha,8aβbeta)-	
8080
8270	
0.05
10	

Allyl chloride	
107-05-1	
1-Propene, 3-chloro-	
8010
8240	
5
100	

4-Aminobiphenyl	
92-67-1	
[1,1'-Biphenyl]-4-amine	
8270	
10	

Aniline	
62-53-3	
Benzenamine	
8270	
10	

Anthracene	
120-12-7	
Anthracene	
8100
8270	
200
10	

Antimony	
(Total)	
Antimony	
6010
7040
7041	
300
2,000
30	

Aramite	
140-57-8	
Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl)phenoxy]-1-methylethyl ester	
8270	
10	

Arsenic	
(Total)	
Arsenic	
6010
7060
7061	
500
10
20	

Barium	
(Total)	
Barium	
6010
7080	
20
1,000	

Benzene	
71-43-2	
Benzene	
8020
8240	
2
5	

Benzo[a]anthracene; Benzanthracene	
56-55-3	
Benz[a]anthracene	
8100
8270	
200
10	

Benzo[b]fluoranthene	
205-99-2	
Benz[e]acephenanthrylene	
8100
8270	
200
10	

Benzo[k]fluoranthene	
207-08-9	
Benzo[k]fluoranthene	
8100
8270	
200
10	

Benzo[ghi]perylene	
191-24-2	
Benzo[ghi]perylene	
8100
8270	
200
10	

Benzo[a]pyrene	
50-32-8	
Benzo[a]pyrene	
8100
8270	
200
10	

Benzyl alcohol	
100-51-6	
Benzenemethanol	
8270	
20	

Beryllium	
(Total)	
Beryllium	
6010
7090
7091	
3
50
2	

alpha-BHC	
319-84-6	
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1αalpha,-2αalpha,3βbeta,4αalpha,5βbeta,6βbeta)-	
8080
8250	
0.05
10	

beta-BHC	
319-85-7	
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1αalpha,2βbeta,3αalpha,4βbeta,5αalpha,6βbeta)-	
8080
8250	
0.05
40	

delta-BHC	
319-86-8	
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1αalpha,2αalpha, 3αalpha,4βbeta,5αalpha,6βbeta)-	
8080
8250	
0.1
30	

gamma-BHC; Lindane	
58-89-9	
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1αalpha,2αalpha,3βbeta,4αalpha,5αalpha,6βbeta)-	
8080
8250	
0.05
10	

Bis(2-chloroethoxy)-methane	
111-91-1	
Ethane, 1,1'-[methylenebis (oxy)]bis[2-chloro-	
8270	
10	

Bis(2-chloroethyl)ether	
111-44-4	
Ethane, 1,1'-oxybis[2-chloro-	
8270	
10	

Bis(2-chloro-1-methyl-ethyl) ether; 2,2'-Di-chlorodiisopropyl ether	
108-60-1	
Propane, 2,2'-oxybis[1-chloro-	
8010
8270	
100
10	

Bis(2-ethylhexyl) phthalate	
117-81-7	
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester	
8060
8270	
20
10	

Bromodichloromethane	
75-27-4	
Methane, bromodichloro-	
8010
8240	
1
5	

Bromoform; Tribromomethane	
75-25-2	
Methane, tribromo-	
8010
8240	
2
5	

4-Bromophenyl phenyl ether	
101-55-3	
Benzene, 1-bromo-4-phenoxy-	
8270	
10	

Butyl benzyl phthalate; Benzyl butyl phthalate	
85-68-7	
1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester	
8060
8270	
5
10	

Cadmium	
(Total)	
Cadmium	
6010
7130
7131	
40
50
1	

Carbon disulfide	
75-15-0	
Carbon disulfide	
8240	
5	

Carbon tetrachloride	
56-23-5	
Methane, tetrachloro-	
8010
8240	
1
5	

Chlordane	
57-74-9	
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-	
8080
8250	
0.1
10	

p-Chloroaniline	
106-47-8	
Benzenamine, 4-chloro-	
8270	
20	

Chlorobenzene	
108-90-7	
Benzene, chloro-	
8010
8020
8240	
2
2
5	

Chlorobenzilate	
510-15-6	
Benzeneacetic acid, 4-chloro-αalpha-(4-chlorophenyl)- αalpha-hydroxy-, ethyl ester	
8270	
10	

p-Chloro-m-cresol	
59-50-7	
Phenol, 4-chloro-3-methyl-	
8040
8270	
5
20	

Chloroethane; Ethyl chloride	
75-00-3	
Ethane, chloro-	
8010
8240	
5
10	

Chloroform	
67-66-3	
Methane, trichloro-	
8010
8240	
0.5
5	

2-Chloronaphthalene	
91-58-7	
Naphthalene, 2-chloro-	
8120
8270	
10
10	

2-Chlorophenol	
95-57-8	
Phenol, 2-chloro-	
8040
8270	
5
10	

4-Chlorophenyl phenyl ether	
7005-72-3	
Benzene, 1-chloro-4-phenoxy-	
8270	
10	

Chloroprene	
126-99-8	
1,3-Butadiene, 2-chloro-	
8010
8240	
50
5	

Chromium	
(Total)	
Chromium	
6010
7190
7191	
70
500
10	

Chrysene	
218-01-9	
Chrysene	
8100
8270	
200
10	

Cobalt	
(Total)	
Cobalt	
6010
7200
7201	
70
500
10	

Copper	
(Total)	
Copper	
6010
7210	
60
200	

m-Cresol	
108-39-4	
Phenol, 3-methyl-	
8270	
10	

o-Cresol	
95-48-7	
Phenol, 2-methyl-	
8270	
10	

p-Cresol	
106-44-5	
Phenol, 4-methyl-	
8270	
10	

Cyanide	
57-12-5	
Cyanide	
9010	
40	

2,4-D; 2,4-Dichlor-ophenoxyacetic acid	
94-75-7	
Acetic acid, (2,4-dichlorophenoxy)-	
8150	
10	

4,4'-DDD	
72-54-8	
Benzene 1,1'-(2,2-dichloroethylidene)bis[4-chloro-	
8080
8270	
0.1
10	

4,4'-DDE	
72-55-9	
Benzene, 1,1'-(dichloroethenylidene)bis[4-chloro-	
8080
8270	
0.05
10	

4,4'-DDT	
50-29-3	
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-	
8080
8270	
0.1
10	

Diallate	
2303-16-4	
Carbamothioic acid, bis(1-methylethyl)- , S- (2,3-dichloro-2-propenyl) ester	
8270	
10	

Dibenz[a,h]anthracene	
53-70-3	
Dibenz[a,h]anthracene	
8100
8270	
200
10	

Dibenzofuran	
132-64-9	
Dibenzofuran	
8270	
10	

Dibromochloromethane; Chlorodibromomethane	
124-48-1	
Methane, dibromochloro-	
8010
8240	
1
5	

1,2-Dibromo-3-chloropropane; DBCP	
96-12-8	
Propane, 1,2-dibromo-3-chloro-	
8010
8240
8270	
100
5
10	

1,2-Dibromoethane; Ethylene dibromide	
106-93-4	
Ethane, 1,2-dibromo-	
8010
8240	
10
5	

Di-n-butyl phthalate	
84-74-2	
1,2-Benzenedicarboxylic acid, dibutyl ester	
8060
8270	
5
10	

o-Dichlorobenzene	
95-50-1	
Benzene, 1,2-dichloro-	
8010
8020
8120
8270	
2
5
10
10	

m-Dichlorobenzene	
541-73-1	
Benzene, 1,3-dichloro-	
8010
8020
8120
8270
	
5
5
10
10	

p-Dichlorobenzene	
106-46-7	
Benzene, 1,4-dichloro-	
8010
8020
8120
8270	
2
5
15
10	

3,3'-Dichlorobenzidine	
91-94-1	
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-	
8270	
20	

trans-1,4-Dichloro-2-butene	
110-57-6	
2-Butene, 1,4-dichloro-, (E)-	
8240	
5	

Dichlorodifluoromethane	
75-71-8	
Methane, dichlorodifluoro-	
8010
8240	
10
5	

1,1-Dichloroethane	
75-34-3	
Ethane, 1,1-dichloro-	
8010
8240	
1
5	

1,2-Dichloroethane; Ethylene dichloride	
107-06-2	
Ethane, 1,2-dichloro-	
8010
8240	
0.5
5	

1,1-Dichloroethylene; Vinylidene chloride	
75-35-4	
Ethene, 1,1-dichloro-	
8010
8240	
1
5	

trans-1,2-Dichloroethylene	
156-60-5	
Ethene, 1,2-dichloro-, (E)-	
8010
8240	
1
5	

2,4-Dichlorophenol	
120-83-2	
Phenol, 2,4-dichloro-	
8040
8270	
5
10	

2,6-Dichlorophenol	
87-65-0	
Phenol, 2,6-dichloro-	
8270	
10	

1,2-Dichloropropane	
78-87-5	
Propane, 1,2-dichloro-	
8010
8240	
0.5
5	

cis-1,3-Dichloropropene	
10061-01-5	
1-Propene, 1,3-dichloro-, (Z)-	
8010
8240	
20
5	

trans-1,3-Dichloropropene	
10061-02-6	
1-Propene, 1,3-dichloro-, (E)-	
8010
8240	
5
5	

Dieldrin	
60-57-1	
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,-7,7a-octahydro-, (1aαalpha,2βbeta,2aαalpha,3βbeta,6βbeta,6aαalpha,7βbeta,7aαalpha)-	
8080
8270	
0.05
10	

Diethyl phthalate	
84-66-2	
1,2-Benzenedicarboxylic acid, diethyl ester	
8060
8270	
5
10	

O,O-Diethyl O-2-pyra-zinyl phosphorothioate; Thionazin	
297-97-2	
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester	
8270	
10	

Dimethoate	
60-51-5	
Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester	
8270	
10	

p-(Dimethylamino)azobenzene	
60-11-7	
Benzenamine, N,N-dimethyl-4-(phenylazo)-	
8270	
10	

7,12-Dimethylbenz[a]anthracene	
57-97-6	
Benz[a]anthracene, 7,12-dimethyl-	
8270	
10	

3,3'-Dimethylbenzidine	
119-93-7	
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-	
8270	
10	

alpha, alpha-Dimethylphenethylamine	
122-09-8	
Benzeneethanamine, αalpha, αalpha-dimethyl-	
8270	
10	

2,4-Dimethylphenol	
105-67-9	
Phenol, 2,4-dimethyl-	
8040
8270	
5
10	

Dimethyl phthalate	
131-11-3	
1,2-Benzenedicarboxylic acid, dimethyl ester	
8060
8270	
5
10	

m-Dinitrobenzene	
99-65-0	
Benzene, 1,3-dinitro-	
8270	
10	

4,6-Dinitro-o-cresol	
534-52-1	
Phenol, 2-methyl-4,6-dinitro-	
8040
8270	
150
50	

2,4-Dinitrophenol	
51-28-5	
Phenol, 2,4-dinitro-	
8040
8270	
150
50	

2,4-Dinitrotoluene	
121-14-2	
Benzene, 1-methyl-2,4-dinitro-	
8090
8270	
0.2
10	

2,6-Dinitrotoluene	
606-20-2	
Benzene, 2-methyl-1,3-dinitro-	
8090
8270	
0.1
10	

Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitro-phenol	
88-85-7	
Phenol, 2-(1-methylpropyl)-4,6-dinitro-	
8150
8270	
1
10	

Di-n-octyl phthalate	
117-84-0	
1,2-Benzenedicarboxylic acid, dioctyl ester	
8060
8270	
30
10	

1,4-Dioxane	
123-91-1	
1,4-Dioxane	
8015	
150	

Diphenylamine	
122-39-4	
Benzenamine, N-phenyl-	
8270	
10	

Disulfoton	
298-04-4	
Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl]ester	
8140
8270	
2
10	

Endosulfan I	
959-98-8	
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3αalpha,5aβbeta,6αalpha,9αalpha,9aβbeta)-	
8080
8250	
0.1
10	

Endosulfan II	
33213-65-9	
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3αalpha,5aαalpha,6βbeta,9βbeta,9aαalpha)-	
8080	
0.05	

Endosulfan sulfate	
1031-07-8	
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide	
8080
8270	
0.5
10	

Endrin	
72-20-8	
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,-7,7a-octahydro-, (1aαalpha, 2βbeta,2aβbeta,3αalpha,6αalpha, 6aβbeta,7βbeta,7aαalpha)-	
8080
8250	
0.1
10	

Endrin aldehyde	
7421-93-4	
1,2,4-Methenocyclopenta[cd]pentalene-5-carboxaldehyde, 2,2a,3,3,4,7-hexachlorodecahydro-, (1αalpha,2βbeta,2aβbeta,4βbeta,4aβbeta,-5βbeta,6aβbeta,6bβbeta,7R*)-	
8080
8270	
0.2
10	

Ethylbenzene	
100-41-4	
Benzene, ethyl-	
8020
8240	
2
5	

Ethyl methacrylate	
97-63-2	
2-Propenoic acid, 2-methyl-, ethyl ester	
8015
8240
8270	
10
5
10	

Ethyl methanesulfonate	
62-50-0	
Methanesulfonic acid, ethyl ester	
8270	
10	

Famphur	
52-85-7	
Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester	
8270	
10	

Fluoranthene	
206-44-0	
Fluoranthene	
8100
8270	
200
10	

Fluorene	
86-73-7	
9H-Fluorene	
8100
8270	
200
10	

Heptachlor	
76-44-8	
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-	
8080
8270	
0.05
10	

Heptachlor epoxide	
1024-57-3	
2,5-Methano-2H-indeno[1,2-b]oxirene, 2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,-6,6a,-hexahydro-,(1aαalpha,1bβbeta, 2αalpha,5αalpha,5aβbeta,6βbeta,6aαalpha)	
8080
8270	
1
10	

Hexachlorobenzene	
118-74-1	
Benzene, hexachloro-	
8120
8270	
0.5
10	

Hexachlorobutadiene	
87-68-3	
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-	
8120
8270	
5
10	

Hexachlorocyclopentadiene	
77-47-4	
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-	
8120
8270	
5
10	

Hexachloroethane	
67-72-1	
Ethane, hexachloro-	
8120
8270	
0.5
10	

Hexachlorophene	
70-30-4	
Phenol, 2,2'-methylenebis[3,4,6-trichloro-	
8270	
10	

Hexachloropropene	
1888-71-7	
1-Propene, 1,1,2,3,3,3-hexachloro-	
8270	
10	

2-Hexanone	
591-78-6	
2-Hexanone	
8240	
50	

Indeno(1,2,-3-cd)pyrene	
193-39-5	
Indeno[1,2,3-cd]pyrene	
8100
8270	
200
10	

Isobutyl alcohol	
78-83-1	
1-Propanol, 2-methyl-	
8015	
50	

Isodrin	
465-73-6	
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a hexahydro-(1αalpha,4αalpha,4aβbeta,5βbeta, 8βbeta,8aβbeta)-	
8270	
10	

Isophorone	
78-59-1	
2-Cyclohexen-1-one, 3,5,5-trimethyl-	
8090
8270	
60
10	

Isosafrole	
120-58-1	
1,3-Benzodioxole, 5-(1-propenyl)-	
8270	
10	

Kepone	
143-50-0	
1,3,4-Metheno-2H-cyclobuta- [cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachloro-octahydro-	
8270	
10	

Lead	
(Total)	
Lead	
6010
7420
7421	
40
1,000
10	

Mercury	
(Total)	
Mercury	
7470	
2	

Methacrylonitrile	
126-98-7	
2-Propenenitrile, 2-methyl-	
8015
8240	
5
5	

Methapyrilene	
91-80-5	
1,2,Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'- (2-thienylmethyl)-	
8270	
10	

Methoxychlor	
72-43-5	
Benzene, 1,1'-(2,2,2,trichloroethylidene)bis [4-methoxy-	
8080
8270	
2
10	

Methyl bromide; Bromomethane	
74-83-9	
Methane, bromo-	
8010
8240	
20
10	

Methyl chloride; Chloromethane	
74-87-3	
Methane, chloro-	
8010
8240	
1
10	

3-Methylcholanthrene	
56-49-5	
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-	
8270	
10	

Methylene bromide; Dibromomethane	
74-95-3	
Methane, dibromo-	
8010
8240	
15
5	

Methylene chloride; Dichloromethane	
75-09-2	
Methane, dichloro-	
8010
8240	
5
5	

Methyl ethyl ketone; MEK	
78-93-3	
2-Butanone	
8015
8240	
10
100	

Methyl iodide; Iodomethane	
74-88-4	
Methane, iodo-	
8010
8240	
40
5	

Methyl methacrylate	
80-62-6	
2-Propenoic acid, 2-methyl-, methyl ester	
8015
8240	
2
5	

Methyl methanesulfonate	
66-27-3	
Methanesulfonic acid, methyl ester	
8270	
10	

2-Methylnaphthalene	
91-57-6	
Naphthalene, 2-methyl-	
8270	
10	

Methyl parathion; Parathion methyl	
298-00-0	
Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester	
8140
8270	
0.5
10	

4-Methyl-2-pentanone; Methyl isobutyl ketone	
108-10-1	
2-Pentanone, 4-methyl-	
8015
8240	
5
50	

Naphthalene	
91-20-3	
Naphthalene	
8100
8270	
200
10	

1,4-Naphthoquinone	
130-15-4	
1,4-Naphthalenedione	
8270	
10	

1-Naphthylamine	
134-32-7	
1-Naphthalenamine	
8270	
10	

2-Naphthylamine	
91-59-8	
2-Naphthalenamine	
8270	
10	

Nickel	
(Total)	
Nickel	
6010
7520	
50
400	

o-Nitroaniline	
88-74-4	
Benzenamine, 2-nitro-	
8270	
50	

m-Nitroaniline	
99-09-2	
Benzenamine, 3-nitro-	
8270	
50	

p-Nitroaniline	
100-01-6	
Benzenamine, 4-nitro-	
8270	
50	

Nitrobenzene	
98-95-3	
Benzene, nitro-	
8090
8270	
40
10	

o-Nitrophenol	
88-75-5	
Phenol, 2-nitro-	
8040
8270	
5
10	

p-Nitrophenol	
100-02-7	
Phenol, 4-nitro-	
8040
8270	
10
50	

4-Nitroquinoline 1-oxide	
56-57-5	
Quinoline, 4-nitro-, 1-oxide	
8270	
10	

N-Nitrosodi-n-butylamine	
924-16-3	
1-Butanamine, N-butyl-N-nitroso-	
8270	
10	

N-Nitrosodiethylamine	
55-18-5	
Ethanamine, N-ethyl-N-nitroso-	
8270	
10	

N-Nitrosodimethylamine	
62-75-9	
Methanamine, N-methyl-N-nitroso-	
8270	
10	

N-Nitrosodiphenylamine	
86-30-6	
Benzenamine, N-nitroso-N-phenyl-	
8270	
10	

N-Nitrosodipropylamine; Di-n-propylnitrosamine	
621-64-7	
1-Propanamine, N-nitroso-N-propyl-	
8270	
10	

N-Nitrosomethylethylamine	
10595-95-6	
Ethanamine, N-methyl-N-nitroso-	
8270	
10	

N-Nitrosomorpholine	
59-89-2	
Morpholine, 4-nitroso-	
8270	
10	

N-Nitrosopiperidine	
100-75-4	
Piperidine, 1-nitroso-	
8270	
10	

N-Nitrosopyrrolidine	
930-55-2	
Pyrrolidine, 1-nitroso-	
8270	
10	

5-Nitro-o-toluidine	
99-55-8	
Benzenamine, 2-methyl-5-nitro-	
8270	
10	

Parathion	
56-38-2	
Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester	
8270	
10	

Polychlorinated biphenyls; PCBs	
See Note 74	
1,1'-Biphenyl, chloro derivatives	
8080
8250	
50
100	

Polychlorinated dibenzo-p-dioxins; PCDDs	
See Note 85	
Dibenzo[b,e][1,4]dioxin, chloro derivatives	
8280	
0.01	

Polychlorinated dibenzofurans; PCDFs	
See Note 96	
Dibenzofuran, chloro derivatives	
8280	
0.01	

Pentachlorobenzene	
608-93-5	
Benzene, pentachloro-	
8270	
10	

Pentachloroethane	
76-01-7	
Ethane, pentachloro-	
8240
8270	
5
10	

Pentachloronitrobenzene	
82-68-8	
Benzene, pentachloronitro-	
8270	
10	

Pentachlorophenol	
87-86-5	
Phenol, pentachloro-	
8040
8270	
5
50	

Phenacetin	
62-44-2	
Acetamide, N-(4-ethoxyphenyl)	
8270	
10	

Phenanthrene	
85-01-8	
Phenanthrene	
8100
8270	
200
10	

Phenol	
108-95-2	
Phenol	
8040
8270	
1
10	

p-Phenylenediamine	
106-50-3	
1,4-Benzenediamine	
8270	
10	

Phorate	
298-02-2	
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester	
8140
8270	
2
10	

2-Picoline	
109-06-8	
Pyridine, 2-methyl-	
8240
8270	
5
10	

Pronamide	
23950-58-5	
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-	
8270	
10	

Propionitrile; Ethyl cyanide	
107-12-0	
Propanenitrile	
8015
8240	
60
5	

Pyrene	
129-00-0	
Pyrene	
8100
8270	
200
10	

Pyridine	
110-86-1	
Pyridine	
8240
8270	
5
10	

Safrole	
94-59-7	
1,3-Benzodioxole, 5-(2-propenyl)-	
8270	
10	

Selenium	
(Total)	
Selenium	
6010
7740
7741	
750
20
20	

Silver	
(Total)	
Silver	
6010
7760	
70
100	

Silvex; 2,4,5-TP	
93-72-1	
Propanoic acid, 2-(2,4,5-trichlorophenoxy)-	
8150	
2	

Styrene	
100-42-5	
Benzene, ethenyl-	
8020
8240	
1
5	

Sulfide	
18496-25-8	
Sulfide	
9030	
10,000	

2,4,5-T; 2,4,5-Tri-chlorophenoxyacetic acid	
93-76-5	
Acetic acid, (2,4,5-trichlorophenoxy)-	
8150	
2	

2,3,7,8-TCDD; 2,3,7,8-T-Tetrachlorodibenzo-p-dioxin	
1746-01-6	
Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-	
8280	
0.005	

1,2,4,5-Tetrachlorobenzene	
95-94-3	
Benzene, 1,2,4,5-tetrachloro-	
8270	
10	

1,1,1,2-Tetrachloroethane	
630-20-6	
Ethane, 1,1,1,2-tetrachloro-	
8010
8240	
5
5	

1,1,2,2-Tetrachloroethane	
79-34-5	
Ethane, 1,1,2,2-tetrachloro-	
8010
8240	
0.5
5	

Tetrachloroethylene; Perchloroethylene; Tetrachloroethene	
127-18-4	
Ethene, tetrachloro-	
8010
8240	
0.5
5	

2,3,4,6-Tetrachlorophenol	
58-90-2	
Phenol, 2,3,4,6-tetrachloro-	
8270	
10	

Tetraethyl dithiopyrophosphate; Sulfotepp	
3689-24-5	
Thiodiphosphoric acid ([(HO)2P(S)]2O), tetraethyl ester	
8270	
10	

Thallium	
(Total)	
Thallium	
6010
7840
7841	
400
1,000
10	

Tin	
(Total)	
Tin	
7870	
8,000	

Toluene	
108-88-3	
Benzene, methyl-	
8020
8240	
2
5	

o-Toluidine	
95-53-4	
Benzenamine, 2-methyl-	
8270	
10	

Toxaphene	
8001-35-2	
Toxaphene	
8080
8250	
2
10	

1,2,4-Trichlorobenzene	
120-82-1	
Benzene, 1,2,4-trichloro-	
8270	
10	

1,1,1-Trichloroethane; Methylchloroform	
71-55-6	
Ethane, 1,1,1-trichloro-	
8240	
5	

1,1,2-Trichloroethane	
79-00-5	
Ethane, 1,1,2-trichloro-	
8010
8240	
0.2
5	

Trichloroethylene; Trichloroethene	
79-01-6	
Ethene, trichloro-	
8010
8240	
1
5	

Trichlorofluoromethane	
75-69-4	
Methane, trichlorofluoro-	
8010
8240	
10
5	

2,4,5-Trichlorophenol	
95-95-4	
Phenol, 2,4,5-trichloro-	
8270	
10	

2,4,6-Trichlorophenol	
88-06-2	
Phenol, 2,4,6-trichloro-	
8040
8270	
5
10	

1,2,3-Trichloropropane	
96-18-4	
Propane, 1,2,3-trichloro-	
8010
8240	
10
5	

O,O,O-Triethyl phosphorothioate	
126-68-1	
Phosphorothioic acid, O,O,O-triethyl ester	
8270	
10	

sym-Trinitrobenzene	
99-35-4	
Benzene, 1,3,5-trinitro-	
8270	
10	

Vanadium	
(Total)	
Vanadium	
6010
7910
7911	
80
2,000
40	

Vinyl acetate	
108-05-4	
Acetic acid, ethenyl ester	
8240	
5	

Vinyl chloride	
75-01-4	
Ethene, chloro-	
8010
8240	
2
10	

Xylene (total)	
1330-20-7	
Benzene, dimethyl-	
8020
8240	
5
5	

Zinc	
(Total)	
Zinc	
6010
7950	
20
50	

FOOTNOTE: 1The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnotes 5 and 6.
FOOTNOTE: 21Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.
FOOTNOTE: 32Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain this element are included.
FOOTNOTE: 43CAS index names are those used in the 9th Cumulative Index.
FOOTNOTE: 5Suggested Methods refer to analytical procedure numbers used in the EPA publication, SW-846, "Test Methods for Evaluating Solid Waste", Third Edition. Analytical details can be found in SW-846 and in documentation on file at EPA.  The packed column gas chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of SW‑846 and, as of Update III, EPA has replaced these methods with "capillary column GC methods", as the suggested methods.
FOOTNOTE: 6Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation.
FOOTNOTE: 7 4Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5). The PQL shown is an average value for PCB congeners.
FOOTNOTE: 8 5This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners.
FOOTNOTE: 9 6This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans. The PQL shown is an average value for PCDF congeners.

20)	Section 265.190 is amended by revising paragraph (a) to read as follows:  

§ 265.190 Applicability.

****** 

(a) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in § 265.193.  To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test method must be used: Method 9095B (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," EPA Publication SW 846, as incorporated by reference in § 260.11 of these regulations.

****** 

21)	Section 265.314 is amended by revising paragraph (c) to read as follows:  

§ 265.314 Special requirements for bulk and containerized liquids. 

******  

(c) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used:  Method 9095B (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,"  EPA Publication SW 846, as incorporated by reference in § 260.11 of these regulations. 
******

22)	Section 265.1034 is amended by revising paragraphs (c)(1)(ii), (c)(1)(iv), (d)(1)(iii) and (f) to read as follows:  

§ 265.1034 Test methods and procedures.
******
(c) Performance tests to determine compliance with § 265.1032(a) and with the total organic compound concentration limit of § 265.1033(c) shall comply with the following:
(1) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(i) Method 2 in 40 CFR Part 60 for velocity and volumetric flow rate.
(ii) Method 18 or Method 25A in 40 CFR Part 60, Appendix A for organic content. If Method 25A is used, the organic HAP used as the calibration gas must be the single organic HAP representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.

******  
(iv) Total organic mass flow rates shall be determined by the following equation:
(A) For sources utilizing Method 18.

where:
Eh = Total organic mass flow rate, kg/;
Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound  in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound  in the vent gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm, ppm-1.
(B) For sources utilizing Method 25A.

where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm.
******
(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this subpart, the owner or operator must make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:
(1) Direct measurement of the organic concentration of the waste using the following procedures:

****** 

(iii) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060A or 8260 of SW-846 (incorporated by reference under § 260.11 of these regulations) of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846; or analyzed for its individual organic constituents.

****** 
****** 
(f) When an owner or operator and the Director do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 (incorporated by reference under § 260.11) may be used to resolve the dispute. the dispute may be resolved using direct measurement as specified at paragraph (d)(1) of this section.

23)	Section 265.1063 is amended by revising paragraph (d)(2) to read as follows:  

§ 265.1063 Test methods and procedures.

******
(d) In accordance with the waste analysis plan required by § 265.13(b), an owner or operator of a facility must determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds 10 percent by weight using the following:

****** 

(2) Method 9060A or 8260 of SW-846 (incorporated by reference under § 260.11 of these regulations) of “Test Methods for Evaluating Solid Waste,” EPA Publication SW-846 or analyzed for its individual organic constituents; or

******
******

24)	Section 265.1081 is amended by revising the definition of “Waste stabilization process” to read as follows:  

§ 265.1081  Definitions.

****** 

"Waste stabilization process" means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Test Method 9095B (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (as incorporated by reference in -refer to ' § 260.11 of these regulations).  A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture.  Other synonymous terms used to refer to this process are "waste fixation" or "waste solidification."  This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent curing, to absorb free liquid.

25)	Section 265.1084 is amended by revising paragraphs (a)(3)(ii)(C), (a)(3)(iii), (b)(3)(ii)(C), (b)(3)(iii), and (c)(3)(i) to read as follows:  

§ 265.1084  Waste determination procedures.

(a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.

****** 

(3) Direct measurement to determine average VO concentration of a hazardous waste at the point of waste origination.

****** 

(ii) Sampling.  Samples of the hazardous waste stream shall be collected at the point of waste origination in a manner such that volatilization of organics contained in the waste and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method.

****** 

(C) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan.  This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained.  A copy of the written sampling plan shall be maintained on‑site in the facility operating records.  An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW‑846, (incorporated by reference‑‑refer to § 260.11(a) of these regulations), or An example of acceptable sample collection and handling procedures for a total volatile organic constituent concentration may be found in Method 25D in 40 CFR Part 60, Appendix A.

****** 
(iii) Analysis.  Each collected sample shall be prepared and analyzed in accordance with Method 25D in 40 CFR Part 60, Appendix A for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed waste concentration accounts 
for and reflects all organic compounds in the waste one or more of the methods listed in paragraphs (a)(3)(iii)(A) through (a)(3)(iii)(I) of this section, including appropriate quality assurance and quality control (QA/QC) checks and use of target compounds for calibration.  If Method 25D in 40 CFR Part 60, Appendix A is not used, then one or more methods should be chosen that are appropriate to ensure that the waste determination accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole‑fraction‑in‑the‑gas‑phase/mole‑fraction‑in‑the‑liquid‑phase  (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram‑mole/m3] at 25 degrees Celsius.  Each of the analytical methods listed in paragraphs (a)(3)(iii)(B) through (a)(3)(iii)(G) of this section has an associated list of approved chemical compounds, for which the Department considers the method appropriate for measurement.  If an owner or operator uses EPA Method 624, 625, 1624, or 1625 in 40 CFR Part 136, Appendix A to analyze one or more compounds that are not on that method's published list, the Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be followed.  If an owner or operator uses EPA Method 8260 or 8270 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW‑846, (incorporated by reference‑‑refer to ' 260.11(a) of these regulations) to analyze one or more compounds that are not on that method's published list, the procedures in paragraph (a)(3)(iii)(H) of this section must be followed.  At the owner's or operator's discretion, the owner or operator may adjust test data measured by a method other than Method 25D to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using Method 25D in 40 CFR Part 60, Appendix A.  obtained by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a compound with a Henry's law constant value of less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D).  If the owner or operator elects to adjust test data, the adjustment must be made to all individual chemical constituents with a Henry’s law constant value greater than or equal to 0.1Y/X at 25 degrees Celsius contained in the waste.  Constituent‑specific adjustment factors (fm25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test methods may be used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and provided the requirement to reflect all organic compounds in the waste with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.

(A) Method 25D in 40 CFR Part 60, Appendix A.  Any EPA standard method that has been validated in accordance with “Alternative Validation Procedure for EPA Waste and Wastewater Methods,” 40 CFR Part 63, Appendix D.

(B) Method 624 in 40 CFR Part 136, Appendix A. Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR Part 63, Appendix A. The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not required.

(C) Method 625 in 40 CFR Part 136, Appendix A.  Perform corrections to the compounds for which the analysis is being conducted based on the "accuracy as recovery" using the factors in Table 7 of the method.

(D) Method 1624 in 40 CFR Part 136, Appendix A.

(E) Method 1625 in 40 CFR Part 136, Appendix A.

(F) Method 8260 in "Test Methods for Evaluating Solid Waste,  Physical/Chemical Methods", EPA Publication SW‑846, (incorporated by  reference‑‑refer to § 260.11(a) of these regulations).  Maintain a formal quality assurance program consistent with the requirements of Method 8260.  The quality assurance program shall include the following elements:
(1) Documentation of site‑specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.

(2) Measurement of the overall accuracy and precision of the specific procedures.

(G) Method 8270 in "Test Methods for Evaluating Solid Waste,  Physical/Chemical Methods", EPA Publication SW‑846, (incorporated by  reference‑‑refer to §260.11(a) of these regulations).  Maintain a formal quality assurance program consistent with the requirements of Method 8270.  The quality assurance program shall include the following elements:

(1) Documentation of site‑specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.

(2) Measurement of the overall accuracy and precision of the specific procedures.

(H) Any other EPA standard method that has been validated in accordance with "Alternative Validation Procedure for EPA Waste and Wastewater Methods", 40 CFR Part 63, Appendix D.  As an alternative, other EPA standard methods may be validated by the procedure specified in paragraph (a)(3)(iii)(I) of this section.

(I) Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR Part 63, Appendix A.  The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301.  If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30.  Other sections of Method 301 are not required.

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(b) Waste determination procedures for treated hazardous waste.
****** 
(3) Procedure to determine the average VO concentration of a hazardous waste at the point of waste treatment.

******* 

(ii) Sampling.  Samples of the hazardous waste stream shall be collected at the point of waste treatment in a manner such that volatilization of organics contained in the waste and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method.

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(C) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan.  This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained.  A copy of the written sampling plan shall be maintained on‑site in the facility operating records.  An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW‑846 (incorporated by reference‑‑refer to § 260.11(a) of these regulations), or An example of acceptable sample collection and handling procedures for a total volatile organic constituent concentration may be found in Method 25D in 40 CFR Part 60, Appendix A.

****** 
(iii) Analysis.  Each collected sample shall be prepared and analyzed in accordance with one or more of the methods listed in paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(I) of this section, including appropriate quality assurance and quality control (QA/QC) checks and use of target compounds for calibration.  Method 25D in 40 CFR Part 60, Appendix A for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed waste concentration accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius.  When the owner or operator is making a waste determination for a treated hazardous waste that is to be compared to an average VO concentration at the point of waste origination or the point of waste entry to the treatment system to determine if the conditions of § 264.1082(c)(2)(i) through (c)(2)(vi)  or § 265.1083(c)(2)(i) through (c)(2)(vi)  are met, then the waste samples shall be prepared and analyzed using the same method or methods as were used in making the initial waste determinations at the point of waste origination or at the point of entry to the treatment system.  If Method 25D in 40 CFR Part 60, Appendix A is not used, then one or more methods should be chosen that are appropriate to ensure that the waste determination accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole‑fraction‑in‑the‑gas‑phase/mole‑fraction‑in‑the‑liquid‑phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram‑mole/m3] at 25  degrees Celsius.  Each of the analytical methods listed in paragraphs (b)(3)(iii)(B) through (b)(3)(iii)(G) of this section has an associated list of approved chemical compounds, for which the Department considers the method appropriate for measurement.  If an owner or operator uses EPA Method 624, 625, 1624, or 1625 in 40 CFR Part 136, Appendix A to analyze one or more compounds that are not on that method's published list, the Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be followed.  If an owner or operator uses EPA Method 8260 or 8270 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods",  EPA Publication SW‑846 (incorporated by reference‑‑refer to ' 260.11(a) of these regulations) to analyze one or more compounds that are not on that method's published list, the procedures in paragraph (b)(3)(iii)(H) of this section must be followed.  At the owner's or operator's discretion, the owner or operator may adjust test data measured by a method other than Method 25D to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using Method 25D in 40 CFR Part 60, Appendix A.  obtained by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a compound with a Henry's law constant value less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D).  If the owner or operator elects to adjust test data, the adjustment must be made to all individual chemical constituents with a Henry’s law constant value greater than or equal to 0.1Y/X at 25 degrees Celsius contained in the waste.  Constituent‑specific adjustment factors (fm25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test methods may be used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and provided the requirement to reflect all organic compounds in the waste with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.

(A) Method 25D in 40 CFR Part 60, Appendix A. Any EPA standard method that has been validated in accordance with “Alternative Validation Procedure for EPA Waste and Wastewater Methods,” 40 CFR Part 63, Appendix D.

(B) Method 624 in 40 CFR Part 136, Appendix A. Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR Part 63, Appendix A. The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30.  Other sections of Method 301 are not required.

(C) Method 625 in 40 CFR Part 136, Appendix A.  Perform corrections to the compounds for which the analysis is being conducted based on the "accuracy as recovery" using the factors in Table 7 of the method.

(D) Method 1624 in 40 CFR Part 136, Appendix A.

(E) Method 1625 in 40 CFR Part 136, Appendix A.

(F) Method 8260 in "Test Methods for Evaluating Solid Waste,  Physical/Chemical Methods", EPA Publication SW‑846, (incorporated by  reference‑‑refer to §260.11(a) of these regulations).  Maintain a formal quality assurance program consistent with the requirements of Method 8260.  The quality assurance program shall include the following elements:

(1) Documentation of site‑specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.

(2) Measurement of the overall accuracy and precision of the specific procedures.

(G) Method 8270 in "Test Methods for Evaluating Solid Waste,  Physical/Chemical Methods", EPA Publication SW‑846, (incorporated by  reference‑‑refer to §260.11(a) of these regulations).  Maintain a formal quality assurance program consistent with the requirements of Method 8270.  The quality assurance program shall include the following elements:

(1) Documentation of site‑specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.

(2) Measurement of the overall accuracy and precision of the specific procedures.
(H) Any other EPA standard method that has been validated in accordance with "Alternative Validation Procedure for EPA Waste and Wastewater Methods", 40 CFR Part 63, Appendix D.  As an alternative, other EPA standard methods may be validated by the procedure specified in paragraph (b)(3)(iii)(I) of this section.

(I) Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR Part 63, Appendix A.  The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301.  If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30.  Other sections of Method 301 are not required.

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(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
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(3) Direct measurement to determine the maximum organic vapor pressure of a hazardous waste.
(i) Sampling.  A sufficient number of samples shall be collected to be representative of the waste contained in the tank.  All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan.  This plan shall describe the procedure by which representative samples of the hazardous waste are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained.  A copy of the written sampling plan shall be maintained on‑site in the facility operating records.  An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA  Publication No. SW‑846, (incorporated by reference‑‑refer to § 260.11(a) of these regulations), or An example of acceptable sample collection and handling procedures may be found in Method 25D in 40 CFR Part 60, Appendix A.
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26)	Section 268.40 is amended by revising paragraph (b) and footnote 7 of the table “Treatment Standards for Hazardous Wastes” to read as follows:  

§ 268.40  Applicability of treatment standards.

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(b) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect.  For all nonwastewaters, compliance with concentration level standards is based on grab sampling samples remain in effect.  For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in § 260.11, must be used to measure compliance.  An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310B, the Extraction Procedure Toxicity Test.  For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Department under the procedures set forth in § 268.42(b).

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FOOTNOTES TO TREATMENT STANDARDS TABLE § 268.40:
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7	Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010C or 9012B, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in § 260.11, with a sample size of 10 grams and a distillation time of one hour and 15 minutes.
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27)	Section 268.48 is amended by revising footnote 4 of the table “Universal Treatment Standards” to read as follows:  

§ 268.48 Table UTS – Universal Treatment Standards

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4  Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010C or 9012B, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in § 260.11, with a sample size of 10 grams and a distillation time of one hour and 15 minutes.
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28)	Appendix IX to Part 268 is revised to read as follows:  

APPENDIX IX TO PART 268 -- EXTRACTION PROCEDURE (EP) TOXICITY TEST METHOD AND
 STRUCTURAL INTEGRITY TEST (SW-846, METHOD 1310B)

Note:	  The EP (Method 1310B) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.

29)	Section 279.10 is amended by revising paragraph (b)(1)(ii) to read as follows:  

§ 279.10 Applicability.

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(b) Mixtures of used oil and hazardous waste

	(1) Listed hazardous waste.

		(i) Mixtures of used oil and hazardous waste that is listed in Subpart D of Part 261 of these regulations are subject to regulation as hazardous waste under Parts 260 through 268, and Part 100 of these regulations, rather than as used oil under this part.

		(ii) Rebuttable presumption for used oil.  Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of Part 261 of these regulations.  Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW‑846, Edition III, to showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of Part 261 of these regulations).  EPA Publication SW‑846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250‑7954, (202) 512-1800 (document number 955‑001‑00000‑1).  This document is also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) and the State Publications Depository Libraries.

			****** 

30)	Section 279.44 is amended by revising paragraph (c) to read as follows:  

§ 279.44 Rebuttable presumption for used oil.

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(c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of Part 261 of these regulations.  The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW‑846, Edition III, to showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of Part 261 of these regulations).  EPA Publication SW‑846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250‑7954. (202) 512-1800  (document number 955‑001‑00000‑1).  This document is also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) and the State Publications Depository Libraries.

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31)	Section 279.53 is amended by revising paragraph (c) to read as follows:  

§ 279.53 Rebuttable presumption for used oil.

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(c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of Part 261 of these regulations.  The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW‑846, Edition III, to showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of Part 261 of these regulations).  EPA Publication SW‑846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh PA 15250‑7954, (202) 512-1800 (document number 955‑001‑00000‑1).  This document is also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) and the State Publications Depository Libraries.

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32)	Section 279.63 is amended by revising paragraph (c) to read as follows:  

§ 279.63 Rebuttable presumption for used oil. 

****** 

(c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of Part 261 of these regulations.  The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW‑846, Edition III, to showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of Part 261 of these regulations).  EPA Publication SW‑846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250‑7954. 202-512-1800 (document number 955‑001‑00000‑1).  This document is also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) and the State Publications Depository Libraries. 

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33)	Section 100.28 is amended by revising paragraphs (c)(2)(i) & (ii) to read as follows:  

§ 100.28  Permits for incinerators, boilers, and industrial furnaces burning hazardous waste.

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(c) Requirements for trial burn plans. The trial burn plan must include the following information. The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph:

	****** 

	(2) An analysis of each hazardous waste, as fired, including:
 
		(i) An identification of any hazardous organic constituents listed in Appendix VIII of Part 261 of these regulations that are present in the feed stream, except that the applicant need not analyze for constituents listed in Appendix VIII that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis must be identified and the basis for this exclusion explained. The waste analysis must be conducted in accordance with appropriate analytical techniques.  specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations and § 100.47, or their equivalent.

		(ii) An approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by the appropriate analytical methods.  specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations and § 100.47, or other equivalent.
		
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34)	Section 100.41 is amended by revising paragraphs (b)(5)(v)(A)(3) & (4) to read as follows:  

§ 100.41 STATE RCRA PERMIT.  CONTENTS OF APPLICATION (PART B).

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(b) Specific information requirements.  The following additional information is required from owners or operators of specific types of HWM facilities that are used or to be used for storage or treatment:

(5) For facilities that incinerate, process or otherwise burn hazardous waste in incinerators, boilers, or industrial furnaces, except as § 264.340 of these regulations provides otherwise, the applicant must fulfill the requirements of paragraphs (b)(5)(i), (ii) as applicable to the trial burn for metals emissions, (iii) as applicable to the trial burn for total chloride or chlorine emissions, (iv) and (v) of this section.   All Applicants must follow the procedures of C.R.S. 25-15-Part 5 for obtaining a certificate of designation (CD) for a facility applying for a permit to burn hazardous waste under the requirements of Part 264-Subpart O.

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(v)  ****** 
(A) An analysis of each waste or mixture of wastes to be burned including: 

(1) Heat value of the waste in the form and composition in which it will be burned. 

(2) Viscosity (if applicable), or description of physical form of the waste.

(3) An identification of any hazardous organic constituents listed in Part 261, Appendix VIII of these regulations, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Part 261, Appendix VIII, of these regulations which would reasonably not be expected to be found in the waste.  The constituents excluded from analysis must be identified and the basis for their exclusion stated.  The waste analysis must rely on appropriate analytical techniques.  specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations and § 100.47. 

(4) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the appropriate analytical methods. specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations and § 100.47.

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35) Section 8.82 {Statement of Basis and Purpose for the Rulemaking Hearing of May 29, 2013 is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of May 29, 2013

8.82 Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 260, 261, 264, 265, 268, 279 and 100 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Methods Innovation Rule and SW-846 Final Update IIIB

These amendments revise the existing regulations to adopt state analogs to the federal provisions  promulgated by the Environmental Protection Agency (EPA) under the Methods Innovation Rule (MIR) and SW-846 Final Update IIIB Final Rule published in the Federal Register on June 14, 2005 {70 FR 34538-34592}.  The Final Rule serves both to update and reform the testing and monitoring requirements under RCRA to provide more flexibility in method selection and use.  The following describes the specific regulatory amendments proposed under the Final Rule.

Amendments to Remove Required Uses of EPA SW-846 Methods

These amendments revise existing regulations to remove the required use of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as EPA SW-846,  in §§ 260.22(d)(1)(i); Part 261 Appendix IX; 261.35(b)(2)(iii)(A) and (B); 264.1034(d)(1)(iii); 264.1063(d)(2); 265.1034(d)(1)(iii); 265.1063(d)(2); 265.1084(a)(3)(iii) and (b)(3)(iii); 265.1084(a)(3)(ii)(C), (b)(3)(ii)(C) and (c)(3)(i); 266.100(d)(1)(ii) and (g)(2); 266.102(b)(1); 266.106(a); 266.112(b)(1) and (b)(2)(i); Part 266 Appendix IX; 270.19(c)(1)(iii) and (iv); 270.22(a)(2)(ii)(B); 270.62(b)(2)(i)(C); 270.62(b)(2)(i)(D); and 270.66(C)(2)(i) and (ii).  These amendments also revise the incorporation by reference of SW-846 methods in § 260.11 to include only those SW-846 methods that are required for method-defined parameters, as listed in the table below. Method-defined parameters remain specified in the existing regulations and require the use of prescriptive SW-846 methods that detail the specific requirements for performing testing or monitoring of hazardous waste.

SW-846 Methods to Remain in § 260.11
SW-846 Method	Chapter Location	Method Title	
0010	Ten	Modified Method 5 Sampling Train.	
0011	Ten	Sampling for Selected Aldehyde and Ketone Emissions from Stationary Sources.	
0020	Ten	Source Assessment Sampling System (SASS).	
0023A	Ten	Sampling Method for Polychlorinated                                 Dibenzo-p-Dioxins and Polychlorinated                                 Dibenzofuran Emissions from Stationary Sources.	
0030	Ten	Volatile Organic Sampling Train.	
0031	Ten	Sampling Method for Volatile Organic                                 Compounds (SMVOC).	
0040	Ten	Sampling of Principal Organic Hazardous                                 Constituents from Combustion Sources                                 Using Tedlar ® Bags.	
0050	Ten	Isokinetic HCl/Cl2 Emission Sampling Train.	
0051	Ten	Midget Impinger HCl/Cl2 Emission Sampling Train.	
0060	Ten	Determination of Metals in Stack Emissions.	
0061	Ten	Determination of Hexavalent Chromium                                 Emissions from Stationary Sources.	
1010A	Eight	Pensky-Martens Closed-Cup Method for                                 Determining Ignitability.	
1020B	Eight	Setaflash Closed-Cup Method for Determining Ignitability.	
1110A	Eight	Corrosivity Toward Steel.	
1310B	Eight	Extraction Procedure (EP) and Structural                                 Integrity Test.	
1311	Eight	Toxicity Characteristic Leaching Procedure.	
1312	Six	Synthetic Precipitation Leaching Procedure.	
1320	Six	Multiple Extraction Procedure.	
1330A	Six.	Extraction Procedure for Oily Wastes.	
9010C	Five	Total and Amenable Cyanide: Distillation.	
9012B	Five	Total and Amenable Cyanide (Automated                                 Colorimetric, with Off-line Distillation).	
9040C	Eight	pH Electrometric Measurement.	
9045D	Six	Soil and Waste pH.	
9060A	Five	Total Organic Carbon (TOC).	
9070A	Five	n-Hexane Extractable Material (HEM) for                             Aqueous Samples.	
9071B		Five	n-Hexane Extractable Material (HEM) for                                 Sludge, Sediment, and Solid Samples.	
9095B	Six	Paint Filter Liquids Test.	

These proposed amendments eliminate the requirement to use the methods found in SW-846 in conducting various hazardous waste testing and monitoring except for those situations where the method in SW-846 is the only one capable of measuring the property (i.e. it is used for a method-defined parameter).  While SW-846 methods would no longer be required for many hazardous waste testing or monitoring activities under these proposed amendments, appropriate methods must still be selected and used for RCRA testing and monitoring.  Appropriate methods must either be reliable and accepted as such in the scientific community or be able to generate effective data.  Reliable and accepted methods may include EPA or other governmental entity published methods that have documented reliability.  Methods that generate effective data, i.e. data of sufficient quality for use in a given RCRA application or project, may also be used if the quality objectives for the project are established in a systematic planning process (a data quality objective process) and documented in the development of Quality Assurance Project Plans, Waste Analysis Plans, Sampling and Analysis Plans or other appropriate systematic planning document.  Sampling and analysis documentation should be sufficient to confirm that the data are effective and that the selected method is appropriate.

These amendments make it easier and more cost effective to comply with the RCRA regulations by allowing more flexibility in method selection and use.  They are intended to reduce economic burden and provide greater flexibility and utility to all affected entities, by providing an increase in choices of appropriate analytical methods for RCRA applications. These amendments do not create any new regulatory requirements or require any new reports beyond those now required by the revised regulations.  Regulated entities may continue to use SW-846 methods to demonstrate compliance when it is appropriate to do so, and thus experience no impact from this rulemaking. 

The following specific sections and their identified affected topic or program to the Colorado Hazardous Waste Regulations are proposed for amendment at this time by removing unnecessary reference to SW-846:

Petitions to exclude waste from a particular facility
§ 260.22(d)(1)(i) 

Wastes exclusions
§ Part 261, Appendix IX 

Deletion of certain waste codes following equipment cleaning
§ 261.35(b)(2)(iii)(A) and (B) 

Air emission standards for process vents and equipment leaks
§§ 264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii), and 265.1063(d)(2)

Air emission control requirements for tanks, surface impoundments, and containers
§§ 265.1084(a)(3)(iii) and (b)(3)(iii), and 265.1084(a)(3)(ii)(C), (b)(3)(ii)(C) and (c)(3)(i)

Hazardous Waste burned in boilers or industrial furnaces (BIFs)
§§ 264.340(e)(1)(ii), 264.340(g)(2), and 264.341(a) – State analogs to 40 CFR §§  266.100(d)(1)(ii), 266.100(g)(2) and 266.102(b)(1) respectively

Control of metal emissions at BIFs
§ 264.344(a) – State analog to 40 CFR § 266.106(a)

Residues from burning of wastes in BIFs
 § 264.347(b)(1) and (b)(2)(i) – State analogs to 40 CFR § 266.112(b)(1) and (b)(2)(i)

Methods Manual for BIF Regulation
§ 264.348 Appendix IX – State analog to 40 CFR Part 266, Appendix IX

Part B information and trial burn plan requirements for incinerators and BIFs 
§§ 100.41(b)(5)(v)(A)(3) and (4), 100.28(c)(2)(i) and (ii), and 100.28(c)(2)(i) and (ii) – State analogs to 40 CFR §§ 270.19(c)(1)(iii) and (iv), 270.62(b)(2)(i)(C) and (D), and 270.66(c)(2)(i) and (ii) respectively.*

*	No state analog exists for 40 CFR § 270.22(a)(2)(ii)(B) as Colorado did not adopt the low risk waste exemption for incinerators or BIFs (see § 8.51 pg. 1417)

§ 260.11 is amended to revise the incorporation by reference of SW-846 to only include those SW-846 methods that are required for method-defined parameters.  

Amendments to Correct, Clarify or Remove Unnecessary Reference to SW-846
These proposed amendments also correct inaccurate references to SW-846 and clarify method selection flexibility.  The proposed amendments make editorial corrections, clarify the specific SW-846 method and revision to be used for any method-defined parameters and remove unnecessary references to SW-846 in the regulations.  The Table below provides a list of the regulations and proposed modifications to correct, clarify or remove unnecessary reference to SW-846.

Corrections, Clarifications or Removals
Regulation	Text correction, clarification, or removal	
§ 260.21(d)--Petitions for equivalent methods.	Clarification that equivalent methods will be added to § 260.11, instead of just added to SW-846.	
§ 260.22(d)(1)(i) --  Petitions to amend Part 261 to exclude a waste produced at a particular facility.	Removal of unnecessary reference to SW-846.	
§§ 261.3(a)(2)(v), 279.10(b)(1)(ii), 279.44(c),    
 279.53(c), and 279.63(c) --  Rebuttable presumption for used oil.	Removal of unnecessary references to SW-846.	
§ 261.22(a)(1) -- Characteristic of corrosivity.  	Addition of the suffix “C” to method number “9040.”	
Appendix I to Part 261 --  Representative sampling methods.	Removal of unnecessary references to SW-846.	
Appendix II to Part 261 -- Method 1311 Toxicity Characteristic Leaching Procedure (TCLP).	Removal of text in Appendix II to Part 261; appendix reserved.	
Appendix III to Part 261 -- Chemical analysis test methods.	Removal of text in Appendix III to Part 261; appendix reserved.	
§§ 264.190(a) and 265.190(a)--Applicability.      	Addition of the suffix “`B” to method number “9095.”	
§ 264.314(c) and § 265.314(d)--Special             requirements for bulk and containerized liquids.	Addition of the suffix “B” to method number “9095.”	
§§ 264.1034(f) and 265.1034(f)--Test methods and procedures.   	Clarification that direct measurement is allowed to resolve disagreements regarding concentration estimates, and removal of unnecessary references to SW-846.	
Appendix IX to Part 264-- Ground-water monitoring list.      	Clarification regarding the use of other
appropriate methods by removing the “Suggested Methods” and “PQLs (µg/L)” columns and removing footnotes 1, 5 and 6 and revising and renumbering the subsequent footnotes, as appropriate.	
§ 265.1081--Definitions.	Correction to SW-846 reference in definition of “waste stabilization process.”	
Appendix IX to § 264.348-- Methods manual for compliance with BIF regulations.                    	Corrections to reflect removal of SW-846
methods from the BIF Methods Manual on
June 13, 1997 and clarification in existing guidance regarding use of other appropriate methods and SW-846.	
§ 268.40(b) and table-- Applicability of treatment standards.  	Addition of the suffix “B” to method number “1310,” addition of the suffix“C” to method number “9010,” and addition of the suffix “B” to method number “9012.”	
§ 268.44, table--Variance from a treatment standard.        	Addition of the suffix “C” to method number “9010” and the addition of the suffix “B” to method number “9012.”	
§ 268.48, table-- Universal treatment standards.     	Addition of the suffix “C” to method number “9010” and addition of the suffix “B” to method number “9012.”	
Appendix IX to Part 268--  Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310).	Addition of the suffix “B” to method number “1310.”	

Amendments to Corrosive and Ignitability Characteristic Testing Requirements
In addition, these amendments clarify the specific SW-846 methods for testing the corrosive and ignitable characteristic of wastes.  Amendment of § 261.22(a)(2) removes unnecessary reference to the National Association of Corrosion Engineers (NACE) Standard TM-01-69 and replaces it with direct reference to SW-846 Method 1110A.  SW-846 Method 1110 is a method under the NACE TM-01-69 Standard and has always been used for testing corrosive characteristics of liquid wastes.  However, because the NACE TM-01-69 Standard allowed variation in test conditions due to the fact it was designed to test the suitability of metals for a variety of uses, reference to the broader standard in § 261.22(a)(2) led to some ambiguity in its use.  Direct reference to SW-846 Method 1110A, the revised and updated version of the method under these amendments, clarifies that it must be used for determining the corrosive characteristic of liquid wastes.  Corrosivity is a method-defined parameter in § 260.11 under these proposed amendments. 
Amendment of § 261.21(a)(1) removes reference to the Miniflash Continuously Closed Cup Tester, using the test method specified in ASTM D-6450-99 as an acceptable method to determine flash point for ignitability characteristic.  The Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80, or the Setaflash Closed Cup Tester, using the test methods specified in ASTM Standard D-3278-78 are the only methods that can be used for determining flash point for ignitability characteristic.  Additionally, this amendment removes unnecessary reference to the equivalent test method demonstration for determining flash point under the ignitability characteristic.  §§ 260.20 and 260.21 already adequately address petitions for equivalent testing or analytical methods.

SW-846 Final Update IIIB Methods 
Some of these amendments, proposed by EPA under the October, 2002 SW-846 Final Update IIIB, revise and update a number of SW-846 methods.  Some of the revised methods of Update IIIB are used for method-defined parameters and thus, any required uses of those methods will remain in the regulations under these amendments.  Therefore § 260.11 includes the Update IIIB methods, specified by both number and revision letter suffix, that are contained in SW-846 and that must be used to comply with the regulations for method-defined parameters.  A listing of the four chapters and eleven methods in Final Update IIIB are identified in the table below. 
Final Update IIIB Methods and Chapters
Chapters or Method Number	Method or Chapter Title	
Chapter Five	Miscellaneous Test Methods.	
Chapter Six	Properties.	
Chapter Seven	Characteristics Introduction and Regulatory Definitions.	
Chapter Eight	Methods for Determining Characteristics.	
1010A	(Referral to) Pensky-Martens Closed Cup Method for Determining Ignitability.	
1020B	(Referral to) Setaflash Closed Cup Method for Determining Ignitability.	
1110A	Corrosivity Toward Steel.	
1310B	Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test.	
9010C	Total and Amenable Cyanide: Distillation.	
9012B	Total and Amenable Cyanide (Automated Colorimetric, with Off-line Distillation).	
9040C	pH Electrometric Measurement.	
9045D	Soil and Waste pH.	
9060A	Total Organic Carbon.	
9070A	n-Hexane Extractable Material (HEM) for Aqueous Samples.	
9095B	Paint Filter Liquids Test.	

Amendments to Add Analysis Method to Air Emission Standards for Process Vents 
Finally, these proposed amendments allow for the use of an additional method during analysis in support of air emission standards for process vents and/or equipment leaks at hazardous waste management facilities.  §§ 264.1034(c)(1)(ii) and (iv) and §§ 265.1034(c)(1)(ii) and (iv) are revised under the proposed amendments to also allow use of Method 25A (in addition to Method 18) to determine organic content of the air effluent through a control device on a process vent.  Organic content is a method-defined parameter in § 260.11 used to measure the operational performance of a enclosed combustion control device to a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation.
These amendments are considered to be equivalent to or less stringent than the existing regulations, and Colorado is not required to adopt these amendments.  
This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the EPA regulations as published in the Federal Register at 70 FR 34538-34592, June 14, 2005.