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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment.
K. Congressional Review Act This proposed action is exempt from the Congressional Review Act 5 U.S.C.
801 et seq. because it is a rule of particular applicability.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, and Reporting and recordkeeping requirements.
Timothy Hamlin, Director, Land, Chemicals and Redevelopment Division.

For the reasons set out in the preamble, the EPA proposes to amend 40 CFR part 261 as follows:

ii. Removing the entry Bis2Chloroisopropyl either6.0 102;
and ii. Removing the entry Arochlor total of Arochlors 1016, 1221, 1232, 1242, 1248, 1254, 12605.0 104
and adding an entry Aroclor total of Aroclors 1016, 1221, 1232, 1242, 1248, 1254, 12605.0 104 in its place.
The revisions and additions read as follows:

PART 261IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:

Authority: 42 U.S.C. 6905, 6912a, 6921, 6922, 6924y and 6938.

2. In Appendix IX to Part 261, amend Table 2, under the entry United States Department of Energy Energy by:
a. Revising Conditions 1ai and ii, and 1b;
b. Redesignating Conditions 1c and d as Conditions 1d ande;
c. Adding a new Conditions 1c;
d. Revising the newly designated Conditions 1eiv; and e. In Conditions 5 under the entry for Organic Constituents by:
i. Removing the entry Dichloroisopropyl ether and adding an entry Dichloroisopropyl ether6.0
102 in its place; and

Appendix IX to Part 261Wastes Excluded Under 260.20 and 260.22

TABLE 2WASTES EXCLUDED FROM SPECIFIC SOURCES
Facility
Address

United States Department of Energy Energy.

Waste description

Richland, Washington

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Conditions:
1
a
i Complete sufficient characterization of the waste stream to demonstrate that the waste stream is within the treatability envelope of 200 Area ETF as specified in Tables C1 and C2 of the delisting petition dated November 29, 2001, as amended. Results of the waste stream characterization and the treatability evaluation must be in writing and placed in the facility operating record, along with a copy of Tables C1 and C2 of the November 29, 2001 petition, as amended. Waste stream characterization may be carried out in whole or in part using the waste analysis procedures in the Hanford Facility RCRA Permit, WA7 89000 8967;
ii Prepare a written waste processing strategy specific to the waste stream, based on the ETF process model documented in the November 29, 2001 petition, the March 31, 2021 modification request, and Tables C1 and C2 of the November 29, 2001 petition, as amended. For waste processing strategies applicable to waste streams for which organic envelope data is provided in Table C2
of the November 29, 2001 petition, as amended, Energy shall use envelope data specific to that waste stream, if available. Otherwise, Energy shall use the minimum envelope in Table C2.
b Energy may modify the 200 Area ETF treatability envelope specified in Tables C1 and C2 of the November 29, 2001 delisting petition, as amended, to reflect changes in treatment technology or operating practices upon written approval of the Regional Administrator. Requests for modification shall be accompanied by an engineering report detailing the basis for a modified treatment envelope.
Data supporting modified envelopes must be based on at least four influent waste stream characterization data points and corresponding treated effluent verification sample data points for wastes managed under a particular waste processing strategy.
Treatment efficiencies must be calculated based on a comparison of upper 95 percent confidence level constituent concentrations.
Upon written EPA approval of the engineering report, the associated inorganic and organic treatment efficiency data may be used in lieu of those in Tables C1 and C2 for purposes of condition 1ai.

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