[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Proposed Rules]
[Pages 22399-22403]
[FR Doc No: 2023-07535]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 302

[EPA-HQ-OLEM-2022-0922; FRL-9064-01-OLEM]
RIN 2050-AH25

Addressing PFAS in the Environment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPRM).

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
seeking public input and data to assist in the consideration of
potential development of future regulations pertaining to per- and
polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA or Superfund). The
Agency is seeking input and data regarding potential future hazardous
substance designation under CERCLA of: Seven PFAS, besides
perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),
and their salts and structural isomers, or some subset thereof;
precursors (a precursor is a chemical that is transformed into another
compound through the course of a degradation process) to PFOA, PFOS,
and seven other PFAS; and/or categories of PFAS.

DATES: Comments must be received on or before June 12, 2023. Under the
Paperwork Reduction Act, comments on the information collection
provisions are best assured of consideration if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before May 15, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2022-0922, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. For
further information on EPA Docket Center services and the current
status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michelle Schutz, Office of Superfund
Remediation and Technology Innovation (5201T), Environmental Protection
Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone
number<PHONE_NUMBER>; email address: [email protected] or Linda
Strauss, Office of Superfund Remediation and Technology Innovation
(5201T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460; telephone number<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:
    Acronyms and abbreviations. We use multiple acronyms and terms in
this preamble. While this list may not be exhaustive, to ease the
reading of this ANPRM and for reference purposes, the EPA defines the
following terms and acronyms here:

AFFF Aqueous film forming foam
ANPRM Advance Notice of Proposed Rulemaking
ATSDR Agency for Toxic Substances and Disease Registry
CASRN Chemical Abstracts Service Registry Numbers
CDC Centers for Disease Control and Prevention
CERCLA Comprehensive Environmental Response, Compensation, and
Liability Act
DSSTox Distributed Structure-Searchable Toxicity
EPA Environmental Protection Agency
GenX Trade name for technology platform that uses HFPO-DA and its
ammonium salt as a polymerization aid in the production of
fluoropolymers
HFPO Hexafluoropropylene oxide
HFPO-DA Hexafluoropropylene oxide dimer acid
IRIS Integrated Risk Information System
LCPFAC Long-chain perfluoroalkyl carboxylate
NPL National Priorities List
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PBI Proprietary Business Information
PFAS Per- and polyfluoroalkyl substances
PFBA Perfluorobutanoic acid
PFBS Perfluorobutanesulfonic acid
PFDA Perfluorodecanoic acid
PFHxA Perfluorohexanoic acid
PFHxS Perfluorohexanesulfonic acid
PFNA Perfluorononanoic acid

PFOA Perfluorooctanoic acid
PFOS Perfluorooctanesulfonic acid
SNUR Significant New Use Rule
TSCA Toxic Substances Control Act

Table of Contents

I. Public Participation
    A. Written Comments
II. What action is the Agency taking?
III. General Information
    A. Executive Summary
    B. What are PFAS?
    C. What is the purpose of this notice?
IV. Statutory Background
V. What information is EPA seeking?
    A. Request for Public Input Regarding Potential Future Hazardous
Substance Designation of Seven Other PFAS
    B. Request for Public Input Regarding Potential Future Hazardous
Substance Designation of Precursors to PFOA and PFOS and Other PFAS
    C. Request for Public Input Regarding Potential Future
Designation, or Designations, of Categories of PFAS as Hazardous
Substances
VI. Request for Comment and Additional Information
VII. What are the next steps EPA will take?
VIII. Statutory and Executive Orders

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM 2022-
0922, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section of this document.
Once submitted, comments cannot be edited or removed from the docket.
The EPA may publish any comment received to its public docket. Do not
submit to EPA's docket at https://www.regulations.gov any information
you consider to be Proprietary Business Information (PBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about PBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    For further information and updates on EPA Docket Center services,
please visit us online at https://www.epa.gov/dockets.
    The EPA continues to monitor information carefully and continuously
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

II. What action is the Agency taking?

    The Agency is seeking input and data to assist in its consideration
of the development of potential future regulations pertaining to
designation as hazardous substances under CERCLA of:
    (1) Seven PFAS, besides PFOA and PFOS, and their salts and
structural isomers, or some subset thereof, which include:

 Perfluorobutanesulfonic acid (PFBS), CASRN 375-73-5
 Perfluorohexanesulfonic acid (PFHxS), CASRN 355-46-4
 Perfluorononanoic acid (PFNA), CASRN 375-95-1
 Hexafluoropropylene oxide dimer acid (HFPO-DA), CASRN 13252-
13-6 (sometimes called GenX)
 Perfluorobutanoic acid (PFBA) CASRN 375-22-4
 Perfluorohexanoic acid (PFHxA) CASRN 307-24-4
 Perfluorodecanoic acid (PFDA) CASRN 335-76-2;

    (2) Precursors to PFOA, PFOS, and other PFAS listed above; and
    (3) Categories of PFAS.

III. General Information

A. Executive Summary

    In October 2021, the EPA released the PFAS Strategic Roadmap that
presents the EPA's whole-of-agency approach to addressing PFAS and sets
timelines by which the Agency plans to take concrete actions to develop
new policies to safeguard public health, protect the environment, and
hold polluters accountable.\1\ The actions described in the PFAS
Roadmap, including the National PFAS Testing Strategy,\2\ represent
important steps to safeguard communities from PFAS contamination.
Cumulatively, these actions will build upon one another and lead to
more enduring and protective solutions.
---------------------------------------------------------------------------

    \1\ U.S. EPA. (2021). PFAS Strategic Roadmap: EPA's Commitments
to Section 2021-2024. U.S. Environmental Protection Agency. https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf.
    \2\ U.S. EPA. National PFAS Testing Strategy. U.S. Environmental
Protection Agency. https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/national-pfas-testing-strategy.
---------------------------------------------------------------------------

    The EPA's Office of Land and Emergency Management is responsible
for three PFAS Roadmap actions, including:
     Designating PFOA and PFOS as CERCLA hazardous substances.
EPA recently published a notice of proposed rulemaking (NPRM), 87 FR
54420, that, if finalized, is expected to increase transparency around
PFOA/PFOS releases, offer additional tools that EPA and other
government agencies could use to conduct faster cleanups at
contaminated sites, and support other actions taken by EPA, other
Federal agencies, states, Tribal Nations and international bodies that
have set PFOA and PFOS benchmarks and standards and have undertaken
PFOA- and PFOS-based regulatory activities and enforcement actions.
     Issuing updated guidance on destroying and disposing of
certain PFAS and PFAS-containing materials. The 2020 National Defense
Authorization Act required EPA to publish interim guidance on
destroying and disposing of PFAS and certain identified non-consumer
PFAS-containing materials. It also required EPA to revise that guidance
at least every three years, as appropriate. EPA published the first
interim guidance in December 2020. Since the publication of the interim
guidance, EPA and other agencies have been conducting relevant research
on destruction and disposal technologies. EPA anticipates that it will
update the guidance no later than the statutory deadline of December
2023.
     Issuing this ANPRM regarding various PFAS under CERCLA.
EPA has developed this ANPRM to seek public input regarding potential
hazardous substance designation for: (1) Seven PFAS besides PFOA and
PFOS; (2) precursors to PFOA, PFOS, and seven other PFAS; and (3)
categories of PFAS.

B. What are PFAS?

    PFAS are a class of manufactured chemicals that have been used in
industry and consumer products since the 1940s because of their useful
properties, including their resistance to water, grease, and stains.
Several chemical definitions are used to describe PFAS in the
scientific community, but it is generally recognized that there are
potentially thousands of different PFAS, some of which have been more
widely used and/or studied than others. Some PFAS, such as PFOA and
PFOS, have been shown to be environmentally persistent,
bioaccumulative, and harmful to human health and the environment at
certain exposure levels.
    PFAS can be present in water, soil, air, and food as well as
materials found in homes and workplaces, including:
    Drinking water--in public drinking water systems and private
drinking water wells;

    Soil and water--at landfills, disposal sites, and sites and
potential or existing CERCLA or RCRA facilities;
    Fire extinguishing foam--aqueous film forming foam (AFFF) is used
for fighting certain types of fires, including burning petroleum. Some
of these foams contain multiple PFAS. PFAS can be found in groundwater
and surface water at airports, military bases and other facilities
where PFAS containing firefighting extinguishing foam was or is used
for training and incident response;
    Manufacturing and chemical production facilities that produce or
use PFAS--for example at fluoropolymer production facilities, chrome
plating, electronics, and certain textile and paper manufacturers;
    Food--for example in fish caught from water contaminated with PFAS
and dairy products derived from livestock exposed to PFAS;
    Food packaging--for example in grease resistant papers, fast food
containers and wrappers, microwave popcorn bags, pizza boxes, and candy
wrappers;
    Household products and dust--for example in stain and water-
repellant treatments for carpets, upholstery, clothing, and other
fabrics, cleaning products, non-stick cookware, paints, varnishes, and
sealants; and
    Personal care products--for example in some shampoos, dental floss,
and cosmetics.

C. What is the purpose of this notice?

    In this ANPRM, EPA is seeking input and data to assist in the
potential development of future regulations pertaining to the
designation of hazardous substances under section 102(a) of CERCLA,
which authorizes the EPA Administrator to promulgate regulations
designating as hazardous substances such elements, compounds, mixtures,
solutions, and substances which, when released into the environment,
may present substantial danger to the public health or welfare or the
environment. Specifically, this ANPRM seeks public input regarding the
possible designation of: (1) Seven PFAS besides PFOA and PFOS; (2)
precursors to PFOA, PFOS, and certain other PFAS; and/or (3) categories
of PFAS.
    In EPA's NPRM designating PFOA and PFOS as hazardous substances,
the Agency noted that evidence indicates that these chemicals may
present substantial danger to public health or welfare or the
environment when released into the environment, thereby warranting
designation under section 102(a) of CERCLA. In reaching this
determination, the EPA considered a number of criteria, including
adverse human health effects and mobility, persistence, and prevalence,
in addition to other factors. As mentioned in the NPRM, it is not
necessary to have information on all of these criteria for EPA to
designate a PFAS compound as a hazardous substance under CERCLA. EPA is
requesting information on these factors in this ANPRM since it may be
relevant and to guide public input.
    In evaluating whether to designate additional PFAS as hazardous
substances, different levels of information may exist for individual
compounds or categories of PFAS with regards to adverse human health
effects, mobility, persistence, prevalence, and other factors. Some of
this information is presented on EPA's Comptox Dashboard.\3\ EPA is
seeking public input and additional information pertaining to these
factors that the Agency could consider in evaluating whether these PFAS
may present substantial danger to the public health or welfare or the
environment.
---------------------------------------------------------------------------

    \3\ U.S. EPA, Comptox Chemicals Dashboard, U.S. Environmental
Protection Agency https://comptox.epa.gov/dashboard/.
---------------------------------------------------------------------------

    EPA is not reopening for public comment or otherwise proposing to
modify any proposed or existing regulatory actions through this ANPRM.

IV. Statutory Background

    On September 6, 2022, the EPA published an NPRM designating PFOA
and PFOS as hazardous substances pursuant to section 102(a) of CERCLA.
In the ``Background'' section of the NPRM, 87 FR 54420, the Agency
described the role and function of CERCLA and its authority to address
the release or potential threat of a release of hazardous substances,
pollutants, and/or contaminants. This ANPRM is soliciting public input
to inform the EPA's consideration of the potential development of
future regulations pertaining to additional PFAS, PFAS precursors, and/
or categories of PFAS. Given the similarity of the issues of concern in
this ANPRM and the NPRM the EPA encourages interested readers to refer
to the NPRM's ``Background'' section for a detailed understanding of
the statutory context for today's action.
    Regarding CERCLA liability and enforcement, EPA is already
separately developing a CERCLA PFAS enforcement discretion and
settlement policy and seeking individual public input on CERCLA PFAS
enforcement/liability concerns through two public listening sessions.
The public input will be reviewed and considered by EPA in drafting the
policy.

V. What information is EPA seeking?

A. Request for Public Input Regarding Potential Future Hazardous
Substance Designation of Seven Other PFAS

    As previously discussed, EPA recently issued an NPRM, that, if
finalized, would designate PFOA and PFOS and their salts and structural
isomers as CERCLA hazardous substances. EPA is considering whether to
initiate a future action that would potentially designate the following
additional, seven PFAS and their salts and structural isomers or some
subset thereof, as hazardous substances under CERCLA:
     Perfluorobutanesulfonic acid (PFBS), CASRN 375-73-5;
     Perfluorohexanesulfonic acid (PFHxS), CASRN 355-46-4;
     Perfluorononanoic acid (PFNA), CASRN 375-95-1;
     Hexafluoropropylene oxide dimer acid (HFPO-DA), CASRN
13252-13-6 (sometimes called GenX);
     Perfluorobutanoic acid (PFBA) CASRN 375-22-4;
     Perfluorohexanoic acid (PFHxA) CASRN 307-24-4; and
     Perfluorodecanoic acid (PFDA) CASRN 335-76-2.
    EPA is soliciting information relevant to whether these compounds
may present substantial danger to public health or welfare or the
environment. For example, the Agency requests information concerning
the characteristics of these compounds, such as mobility, persistence,
prevalence, and other characteristics, that would supplement the
existing toxicity data for these compounds. Although PFAS is a large
class of chemical substances, these seven compounds were identified
based on the availability of toxicity information previously reviewed
by EPA and other Federal agencies. In April 2021 and 2022, EPA issued
the final human health toxicity assessment for PFBS [Human Health
Toxicity Values for Perfluorobutane Sulfonic Acid (CASRN 375-73-5) and
Related Compound Potassium Perfluorobutane Sulfonate (CASRN 29420-49-
3)],\4\ Gen X chemicals [Final Human Health Toxicity Values for
Hexafluoro-propylene Oxide (HFPO) Dimer Acid and its Ammonium Salt,
CASRN 13252-

12-6 and CSRN 62037-80-3],\5\ and PFBA [IRIS Toxicological Review of
Perfluorobutanoic Acid (PFBA) and Related Salts].\6\ In May 2021, the
Agency for Toxic Substances and Disease Registry (ATSDR) released the
final Toxicological Profile for Perfluoroalkyls, which includes minimal
risk levels for PFOA, PFOS, PFHxS and PFNA.\7\ EPA's Integrated Risk
Information System (IRIS) program is currently developing human health
toxicity assessments of PFHxA, PFNA, PFDA, and PFHxS.\8\
---------------------------------------------------------------------------

    \4\ U.S.EPA (2021). Human Health Toxicity Values for
Perfluorobutane Sulfonic Acid (CASRN 375-73-5) and Related Compound
Potassium Perfluorobutane Sulfonate (CASRN 29420-49-3). U.S.
Environmental Protection Agency, Washington, DC. https://cfpub.epa.gov/ncea/risk/recordisplay.cfm?deid=350888.
    \5\ U.S. EPA (2021). Human Health Toxicity Values for GenX
Chemicals, Hexafluoropropylene Oxide (HFPO) Dimer Acid and its
Ammonium Salt, (CASRN 13252-12-6 and CSRN 62037-80-3). U.S.
Environmental Protection Agency, Washington, DC. https://www.epa.gov/chemical-research/human-health-toxicity-assessments-genx-chemicals.
    \6\ EPA (2022). IRIS Toxicological Review of Perfluorobutanoic
Acid (PFBA) and Related Salts (Final Report). U.S. Environmental
Protection Agency, Washington, DC. https://www.epa.gov/chemical-research/iris-toxicological-review-perfluorobutanoic-acid-pfba-and-related-salts-final.
    \7\ ATSDR (2021). Toxicological profile for perfluoroalkyls:
final. Atlanta, GA: U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention, Agency for Toxic
Substances and Disease Registry. https://wwwn.cdc.gov/TSP/ToxProfiles/ToxProfiles.aspx?id=1117&tid=237. 13See Office of
Regulatory Enforcement.
    \8\ U.S. EPA. IRIS Program Outlook. https://www.epa.gov/iris/iris-program-outlook.
---------------------------------------------------------------------------

    To inform EPA's decision whether to potentially designate PFBS,
PFHxS, PFNA, HFPO-DA, PFBA, PFHxA, and PFDA, or some subset thereof, as
hazardous substances in a possible future action, EPA is soliciting
responses to the following questions and requests for the PFAS listed
above, and requests that commentors provide supporting information and
specific scientific literature citations regarding applicable
information where appropriate:
    1. Please identify additional relevant information in published
scientific literature or data regarding the environmental fate and
transport (mobility, persistence, or other relevant chemical and
physical properties) and environmental prevalence that would assist EPA
in making determinations regarding potential designation as a hazardous
substance.
    2. Are there other PFAS EPA could consider designating as hazardous
substances in a possible future rulemaking? If so, please provide
references to any published, scientific information on the toxicity of
these other PFAS in addition to the information requested in question
one for those substances.
    3. Please provide available information that EPA could consider in
preparing an economic analysis of the potential direct and indirect
costs and benefits, including impacts on small entities, associated
with a potential rulemaking designating any of the above-mentioned
compounds as hazardous substances. Although CERCLA section 102(a)
precludes EPA from taking cost into account in the designation of a
hazardous substance, the Agency is requesting this information to
inform its understanding of the potential costs and benefits associated
with any potential future regulatory action.

B. Request for Public Input Regarding Potential Future Hazardous
Substance Designation of Precursors to PFOA, PFOS, and PFAS Listed in
V.A.

    EPA is also considering whether to initiate a future action that
would potentially designate precursors to PFOA, PFOS, and possibly the
seven PFAS and their salts and isomers, or some subset thereof, listed
in Section V.A, of this SUPPLEMENTARY INFORMATION section. as hazardous
substances. Thus, EPA is soliciting input regarding information that
will assist the Agency in identifying compounds that degrade to these
PFAS through environmental processes such as biodegradation,
photolysis, and hydrolysis.
    An example of how EPA has addressed precursors previously is the
2020 Significant New Use Rule (SNUR) for long-chain perfluoroalkyl
carboxylate (LCPFAC) PFAS which included salts and precursors of these
perfluorinated carboxylates. EPA explained, ``LCPFAC precursors may be
simple derivatives of perfluorooctanoic acid (PFOA) and higher
homologues or certain polymers that may degrade to PFOA or higher
homologues,'' 85 FR 45109 (July 27, 2020).
    To inform EPA's decision-making regarding the potential designation
of precursors to PFOA, PFOS, and possibly the seven PFAS, or some
subset thereof, listed in Section V.A as hazardous substances, EPA is
soliciting responses to the following questions and requests on the
topics described below and requests that commentors provide supporting
information and specific scientific literature citations regarding
applicable information where appropriate:
    4. Please identify information in published scientific literature
or data regarding the environmental degradation of substances to PFOA,
PFOS, PFBS, PFHxS, PFNA, HFPO-DA, PFBA, PFHxA, and/or PFDA.
    5. What factors, if any, regarding degradation time and
environmental conditions (e.g., aqueous vs. arid, anaerobic vs.
aerobic, available nutrients) should be considered in identifying the
appropriate precursor compounds?
    6. Please provide relevant information or data in published
scientific literature that characterizes the environmental prevalence
of PFOA, PFOS, PFBS, PFHxS, PFNA, HFPO-DA, PFBA, PFHxA, and/or PFDA
from the degradation of associated precursors
    7. With respect to the preceding questions, please identify names
and Chemical Abstracts Service Registry Numbers (CASRNs) or Distributed
Structure-Searchable Toxicity (DSSTox) substance identifier for
substances that EPA should consider as precursor compounds.
    8. Available standard analytical methods, such as SW-846 Method
8327 or Method 533, may not include all precursors to PFOA, PFOS, PFBS,
PFHxS, PFNA, HFPO-DA, PFBA, PFHxA, and/or PFDA. Furthermore, the
development of additional methods may be limited by the availability of
chemicals standards. Given these limitations, please provide
information regarding how precursors could be measured in environmental
samples. Additionally, please comment on whether and how EPA should
consider the availability of analytical methods when determining
whether to designate precursors as CERCLA hazardous substances.
    9. Please provide available information that EPA could consider in
preparing an economic analysis of the potential direct and indirect
costs and benefits, including impacts on small entities, associated
with a potential rulemaking designating these precursors as CERCLA
hazardous substances. Although CERCLA section 102(a) precludes EPA from
taking cost into account in the designation of a hazardous substance,
the Agency is requesting this information to inform its understanding
of the potential costs and benefits associated with any potential
future regulatory action.

C. Request for Public Input Regarding Potential Future Designation, or
Designations, of Categories of PFAS as Hazardous Substances

    EPA is considering whether to initiate a future action that would
potentially designate groups or categories of PFAS as hazardous
substances. A group or category refers to a set of PFAS that share one
or more similar characteristics. Characteristics of interest could
include, but are not limited to, chemical structure (e.g., carbon chain
length, functional group), physical and chemical properties, mode

of toxicological action, precursors or degradants, or co-occurrence.
    EPA's 2020 SNUR for LCPFAC provides an example of a category based
on chemical structure. In the SNUR, the LCPFAC category is defined as
follows, where 5 < n < 21 or 6 < m < 21:
    a. CF3(CF2)n-COO-M where M = H\+\
or any other group where a formal dissociation can be made;
    b. CF3(CF2)n-CH=CH2;
    c. CF3(CF2)n-C(=O)-X where X is
any chemical moiety;
    d. CF3(CF2)m-CH2-X
where X is any chemical moiety, and
    e. CF3(CF2)m-Y-X where Y = non-S,
non-N heteroatom and where X is any chemical moiety.
    In addition to the structures identified above, ``the category also
includes the salts and precursors of these chemical substances. The
precursors may be simple derivatives of PFOA and higher homologues or
polymers that contain or may degrade to PFOA or higher homologues.
These precursors include long-chain fluorotelomers.'' [80 FR 2885]
[FRL-9915-63]. Thus, EPA's 2020 SNUR for LCPFAC included certain PFAS
based on their chemical structure as well as other PFAS based on
whether they degrade to the targeted LCPFACs.
    To inform EPA's decision whether to designate certain groups or
categories of PFAS as hazardous substances, EPA is soliciting responses
to the following questions and requests, and requests that commentors
provide supporting information and specific scientific literature
citations regarding applicable information where appropriate:
    10. Please identify published scientific literature that can inform
whether categories of PFAS could or could not be designated as
hazardous substances. This could include, for example, scientific data
or information on the similarities or differences of a specific
characteristic among PFAS. This could also include scientific data and
information on the relationship between different characteristics, such
as the relationship between chemical structure and specific chemical,
physical, or toxicological properties.
    11. Is there other information that EPA should consider when
determining whether to designate one or more categories of PFAS as
hazardous substances? Please provide comment on the extent to which EPA
could include related PFAS in a given category (e.g., structural
isomers and/or salts).
    12. Please provide available information that EPA could consider in
preparing an economic analysis of the potential costs and benefits,
including impacts on small entities, associated with a potential
rulemaking designating categories of PFAS as hazardous substances.
Although CERCLA section 102(a) precludes EPA from taking cost into
account in the designation of a hazardous substance, the Agency is
requesting this information to inform its understanding of the
potential costs and benefits associated with any potential future
regulatory action.

VI. Request for Comment and Additional Information

    EPA is seeking comment on all questions and topics described in
this ANPRM and requests that you submit any other information, which
may not be specifically mentioned in this notice, that you believe is
important for EPA to consider in connection with these questions and
topics. At the same time, EPA does not plan to consider comments that
are beyond the scope of the questions and topics described in this
ANPRM. EPA requests that commenters making specific recommendations
include supporting documentation where appropriate.
    Instructions for providing written comments are provided under
ADDRESSES, including how to submit any comments that contain PBI.

VII. What are the next steps EPA will take?

    EPA intends to carefully review all comments and information
received in response to this ANPRM. Once that review is completed, EPA
would supplement the collected information, as appropriate, with
information that the Agency has obtained independently, to determine
whether a future rulemaking should address the designation of
additional PFAS or precursors as CERCLA hazardous substances or whether
one or more categories of PFAS can be designated as CERCLA hazardous
substances.

VIII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735; October 4, 1993) and
Executive Order 13563 (76 FR 3821; January 21, 2011), this action was
submitted to the OMB for review. Any changes made in response to OMB
recommendations have been documented in the docket for this action.
Because this action does not impose or propose any requirements, and
instead seeks comments and suggestions for the Agency to consider in
possibly developing a subsequent proposed rule, other statutory and
Executive Order reviews that apply to rulemaking do not apply to this
action. Should EPA subsequently determine to pursue a rulemaking, EPA
will address the statutes and Executive Orders applicable to the
rulemaking.
    Nevertheless, the Agency welcomes comments and/or information that
would help the Agency to assess any of the following: the potential
impact of a possible future rule on small entities pursuant to the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.); potential impacts on
Federal, state, or local governments pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1531-1538); federalism implications pursuant to
Executive Order 13132, entitled Federalism (64 FR 43255; November 2,
1999); availability of voluntary consensus standards pursuant to
section 12(d) of the National Technology Transfer and Advancement Act
of 1995, Public Law 104-113; tribal implications pursuant to Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249; November 6, 2000); environmental health or
safety effects on children pursuant to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885; April 23, 1997) and EPA's 2021 Policy on Children's
Health; energy effects pursuant to Executive Order 13211, entitled
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355; May 22, 2001); Paperwork burdens
pursuant to the Paperwork Reduction Act (44 U.S.C. 3501); or human
health or environmental effects on minority or low-income populations
pursuant to Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629; February 16, 1994). The Agency will consider
such comments during the development of any subsequent proposed
rulemaking.

Michael S. Regan,
Administrator.
[FR Doc. 2023-07535 Filed 4-12-23; 8:45 am]
BILLING CODE 6560-50-P


RCRA REVISION CHECKLIST 214

                     Corrections to Errors in the Code of
                              Federal Regulations
                              71 FR 40254 - 40280
                                 July 14, 2006
	(RCRA Cluster XVII, HSWA/Non-HSWA)

Name of State:  Washington

State Statutory Authority:  Chapter 70.105 RCW

Title of Regulations:  Dangerous Waste Regulations			Effective Date:   July 31, 2009

Date Checklist Completed:  May 10, 2010

Note: This rule does not create new regulatory requirements; rather, the rule corrects errors made in numerous final rules published in the Federal Register, and corrects printing omissions and other printing errors in the Federal Register and Code of Federal Regulations.  EPA believes that the errors cause confusion and that the corrections will facilitate understanding of the hazardous waste and used oil regulations.  The application, implementation, and enforcement of the regulations addressed in this rule are not changed in any way.

All of the changes documented on Revision Checklist 214 are explained in the preamble to the July 14, 2006 Final Rule.  This revision checklist details the changes being made to correct the errors.  In some cases, where the nature of a change demands an explanation, the explanation of the error from the preamble to the Final Rule is provided as an endnote.

                              FEDERAL REQUIREMENTS
                             FEDERAL RCRA CITATION
                            ANALOGOUS STATE CITATION
                                STATE ANALOG IS:

                                  EQUIV-ALENT
                                LESS STRIN- GENT
                                MORE STRIN-GENT
                                BROADER IN SCOPE

            PART 260 -- HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

                          SUBPART B  -  DEFINITIONS

in the definition of "Incompatible waste" replace "part 265" with "parts 264 and 265" in the parenthetical phrase at the end of the definition.
260.10
040
Reworded the definition for "incompatible waste" & added the note
                                       X

in the definition of "Personnel or facility personnel" remove the comma after the word "work"
260.10
040
Added the definition for "personnel or facility personnel"
                                       X

in the definition of "Universal waste" remove the section symbol §" in front of "273"
260.10
040
                                       X

in the definition of "Used oil" revise "in contaminated" to read "is contaminated"

040
                                       X

                        SUBPART C RULEMAKING PETITIIONS

replace "actutely" with "acutely"
260.22(a)(1)
No direct analog for 260.22(a)(1); related to WAC Section 910(3);
State does not have delisting authority for federal wastes.  Correction is not applicable

replace "hazrdous" with "hazardous"
260.22(d)(1)(ii)
 No direct analog for 260.22(d)(1)(ii); related to WAC Section 910(3);
State does not have delisting authority for federal wastes.  Correction is not applicable

replace the citation "§261.6(a)(2)(iv)" with "§261.6(a)(2)(iii)"
260.40(a)
525(2)
                                       X

replace the citation "§261.6(a)(2)(iv)" with "§261.6(a)(2)(iii)"
260.41 introductory paragraph
525(3)  introductory paragraph
                                       X

           PART 261 -- IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

                             SUBPART A  -  GENERAL

replace the reference to "Table I" with "Table 1" (i.e., replace the letter "I" to be the number "1")
261.2 (c)(1)(i)
016(5)(a)
                                       X

replace the reference to "table I" with "Table 1" (i.e., replace the letter "I" to be the number "1")
261.3(a)(2)(i)
070(3)
                                       X

replace "inparagraph" by inserting a space to read "in paragraph"
261.4(a)(20)(v)
No direct analog.  Related analog is 016(5)(a)(i)(B).  State is more stringent because it did not adopt exclusion for hazardous secondary materials used to make zinc fertilizers.
Correction is N/A.

replace "exlcusively" with "exclusively"
261.4 (b)(6)(i)(B),
071(3)(aa)(i)(B)
                                       X

replace "Specific waste" with "Specific wastes"
261.4(b)(6)(ii) introductory paragraph
071(3)(aa)(ii)
The specific wastes in (ii) (A) through (F) were added to the rule as part of the rulemaking
                                       X

replace "crome" with "chrome"
261.4(b)(6)(ii)(D)
071(3)(aa)(ii)(D)
                                       X

replace "sludes" with "sludges", and replace the word "chrometan" with "chrome tan"
261.4(b)(6)(ii)(F)
071(3)(aa)(ii)(F)
                                       X

replace "and wood product" with "and wood products"
261.4(b)(9)
071(3)(g)(i)
"s" was added
                                       X

replace the citation "(e)(v)(C)" with "(e)(2)(v)(C)"
261.4(e)(2)(vi),
071(3)(r)(ii)(F)
                                       X

in the first sentence, replace "treatabilty" with "treatability"
261.4(e)(3)(i)
071(3)(r)(iii)(A)
                                       X

remove the parenthetical phrase "(subpart C)" and add "(40 CFR part 266, subpart C)" in its place
261.6(a)(2)(i)
120(3)(b)
                                       X

remove the parenthetical phrase "(subpart H)" and add "(40 CFR part 266, subpart H)" in its place
261.6(a)(2)(ii)
120(3)(d)
                                       X

remove the parenthetical phrase "(subpart F)" and add "(40 CFR part 266, subpart F)" in its place
261.6 (a)(2)(iii)
120(3)(g)
                                       X

remove the parenthetical phrase "(subpart G)" and add "(40 CFR part 266, subpart G)" in its place
261.6(a)(2)(iv)
120(3)(f)
                                       X

remove the parenthetical phrase "(subpart O)" and add "(40 CFR part 266, subpart O)" in its place
261.6(a)(2)(v)
No analog
Correction is N/A

replace the word "recycled" with "recycled"
261.6(c)(2)
120(4)(c)
                                       X

               SUBPART C  -  CHARACTERISTICS OF HAZARDOUS WASTE

remove existing paragraph (a)(3) and add new subparagraph (a)(3):
It is an ignitable compressed gas
261.21(a)(3) introductory paragraph
090(5)(a)(iii)
                                       X

"compressed gas" is a material or mixture exceeding 40 p.s.i. at 70 °F in the container or, having an absolute pressure exceeding 104 p.s.i. at 130 °F; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 °F as determined by ASTM Test D - 323.
261.21(a)(3)(i)
090(5)(a)(iii)(A)
                                       X

A compressed gas shall be characterized as ignitable if any one of the following occurs
261.21(a)(3)(ii) introductory paragraph
090(5)(a)(iii)(B)
                                       X

Either a mixture of 13 percent or
less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 percent
261.21(a)(3)(ii)(A)
090(5)(a)(iii)(B)(I)
                                       X

The flame projects more than 18 inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening
261.21(a)(3)(ii)(B)
090(5)(a)(iii)(B)(II)
                                       X

There is any significant propagation of flame away from the ignition source.
261.21(a)(3)(ii)(C)
090(5)(a)(iii)(B)(III)
                                       X

There is any explosion of the vapor-air mixture in the drum.
261.21(a)(3)(ii)(D)
090(5)(a)(iii)(B)(IV)
                                       X

                                                                              1
remove existing paragraph (a)(4) and add new subparagraph (a)(4):
An oxidizer is a substance that yields oxygen readily to stimulate the combustion of organic matter
261.21(a)(4) introductory paragraph
090(5)(a)(iv)
                                       X

An organic compound containing the bivalent -O-O- structure and may be considered a derivative of hydrogen peroxide must be classed as an organic peroxide unless
261.21(a)(4)(i) introductory paragraph
090(5)(a)(iv)
                                       X

Material meets the definition of a Class A explosive or a Class B explosive, as defined in §261.23(a)(8), and must be classed as an explosive
261.21(a)(4)(i)(A)
090(5)(a)(iv)(A)

                                       X

Material forbidden to be offered for transportation according to 49 CFR 172.101 and 49 CFR 173.21
261.21(a)(4)(i)(B)
090(5)(a)(iv)(B)
                                       X

Predominant hazard is other than that of an organic peroxide, or
261.21(a)(4)(i)(C)
090(5)(a)(iv)(C)
                                       X

It has been determined that the material does not present a hazard in transportation.
261.21(a)(4)(i)(D)
090(5)(a)(iv)(D)
                                       X

                                                                              1
add notes 1 through 4 to the end of 261.21:
Bureau of Explosives' Flame Projection Apparatus, Open Drum Apparatus, Closed Drum Apparatus description, and test methods may be procured from the Bureau of Explosives.
261.21 Note 1
090(5)(a) Note 1
                                       X

The Office of Hazardous Materials Technology (OHMT), which was the office listed for approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. OHMT programs moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA).
261.21 Note 2
090(5)(a) Note 2
                                       X

The Research and Special Programs Administration (RSPA), which was the office for determining that a material does not present a hazard in transport, ceased operations on February 20, 2005. RSPA programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA).
261.21 Note 3
090(5)(a) Note 3
                                       X

The DOT regulatory definition of an oxidizer was contained in 49 CFR 173.151, and the organic peroxide definition was in paragraph 173.151a. Organic peroxide is a type of oxidizer.
261.21 Note 4
090(5)(a)  Note 4
                                       X

replace the reference to "Table I" with "Table 1" (i.e., replace the letter "I" with the number "1")
261.24(b)
090(8)(b)
                                       X

                    SUBPART D  -  LISTS OF HAZARDOUS WASTES

add a footnote at the bottom to read as follows: "*(I,T) should be used to specify mixtures that are ignitable and contain toxic constituents."
261.31(a)/Table
9904 Footnote added at end of F Listed Wastes
                                       X

in the second column of the row beginning "K107", amend "1,1- dimethyl-hydrazine" by deleting the hyphen  to read "1,1- dimethylhydrazine"
261.32/Table "K107" entry
9904
Hyphen deleted
                                       X

in the second column of the row beginning "K069", add a closing parenthesis after the word "Register"
261.32/Table "K069" entry
No direct analog. Related analog is 9904, although
the state did not adopt the stay that was amended

                                       X

replace the phrase "are subject to be the" with "are subject to the"
261.33(e)
081(2)(a) and 081(2)(a)(i)
                                       X

amend the bracketed Comment, by adding the following sentence to the end of the comment: "Wastes are first listed in alphabetical order by substance and then listed again in numerical order by Hazardous Waste Number."
261.33(e)/Comment
9903 Intro
                                       X

in the third column of the row beginning "P045", in the substance "2-Butanone, 3,3-dimethyl-l-(methylthio)-,O- [methylamino)carbonyl]oxime", replace "[methylamino)" with "[(methylamino)" (e.g., add an opening parenthesis) ; in the third column of the row beginning "P194", in the substance "Ethanimidothioc acid, 2- (dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester," replace "Ethanimidothioc" with "Ethanimidothioic"; in the third column of the second row beginning "P074", replace "Nickel cynaide" with "Nickel cyanide"; add numerical order list of substances to the end of the Table in paragraph (e) to read as shown at 70 FR 40260-40263
261.33(e)/Table
9903
                                       X

replace "manfacturing" with "manufacturing"
261.33(f)
081(1)
                                       X

amend the bracketed Comment by adding the following sentence to the end of the comment: "Wastes are first listed in alphabetical order by substance and then listed again in numerical order by Hazardous Waste Number."
261.33(f)/Comment
9903 Intro
                                       X

in the entry with "Paraldehyde" in the third column, replace "2" in the first column with "U182"; in the third column of the second row beginning "U216", replace "Thallium chloride Tlcl" with "thallium chloride TlCl"; add numerical order list of substances to the end of the Table in paragraph (f) to read as shown at 70 FR 40263-40270
261.33(f)/Table
9903 Numerical list of  U waste codes added
                                       X

replace the column one subheading "Halogenated Organic:" with "Halogenated Organics:"; and under "Halogenated Organics:", insert a closing bracket "]" after the chemical name "Dichloromethoxy ethane [Bis(2- chloroethoxy)methane"
261.38/Table 1
No analog; the state does not have the Syngas Fuel Exclusion
Correction is N/A

amend the certification statement by replacing the citation "40 CFR 261.28(c)(10)" with "40 CFR 261.38(c)(10)"
261.38(c)(1)(i)(C)(4)
No analog; the state does not have the
Syngas Fuel Exclusion
Correction is N/A

in the second column of the "F002" row, replace "trichfluoroethane" with "trifluoroethane";  in the second column of the "F038" row, add a comma between "benzo(a)pyrene" and "chrysene" with "benzo(a)pyrene, chrysene";  in the second column of the "F039" row, replace the citation "40 CFR 268.43(a)" with "40 CFR 268.43"; in the second column of the "K001" row, replace "cresosote" with "creosote"; in the second column of the "K073" row, replace "hexacholroethane" with "hexachloroethane"
261, Appendix VII
082(4) IBR
045(1)
                                       X

in the third column of the "Allyl chloride" row, replace "107 - 18 - 6" with "107 - 05 - 1"; in the second column of the "Benzidine" row, amend "-4,41-" by changing the superscript "1" to the symbol "'" to read, "-4,4'-"; in the second column of the "1,2- Dichloroethylene" row, replace "- dichlrol-" with "-dichloro-"; in the third and fourth columns of the "Lasiocarpine" row, replace "303 -  34 - 1" with "303 - 34 - 4"; and replace "4143" with "U143"; in the third column of the "Nitrosamines, N.O.S." row, replace "35576 - 91 - 1D" with "35576 - 91 - 1"
261, Appendix VIII
9905
                                       X

       PART 262 -- STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

                   SUBPART C  -  PRE-TRANSPORT REQUIREMENTS

replace the beginning phrase "The waste is placed in containment buildings" with "In containment buildings"
262.34(a)(1)(iv)
200(1)(b)(iv)
200(1)(b)(i) through (iv) were reformatted to the new style
                                       X

                   SUBPART E  -  EXPORTS OF HAZARDOUS WASTE

in the first address replace "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)" with "Office of Federal Activities, International Compliance Assurance Division (2254A)"; in the second address replace "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)" with "Office of Federal Activities, International Compliance Assurance Division", after "Ariel Rios Bldg.," insert "Room 6144" and after "Washington, DC" insert "20004"
262.53(b)
230(1)IBR
045(1)
                                       X

in the first address replace "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)" with "Office of Federal Activities, International Compliance Assurance Division (2254A)"; in the second address replace "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)" with "Office of Federal Activities, International Compliance Assurance Division", after "Ariel Rios Bldg.," insert "Room 6144" and after "Washington, DC" insert "20004"
262.56(b)

230(1)IBR
045(1)
                                       X

update the list of designated OECD Member countries by adding in alphabetical order: the Czech Republic, Hungary, Poland, the Slovak Republic, and South
Korea; insert "the" before "Netherlands" and "United Kingdom"
262.58(a)(1)
230(1) IBR
045(1)
                                       X

                              SUBPART G - FARMERS

replace "consisent" with "consistent"
262.70
600(3)(f)

                                       X

           SUBPART H  -  TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE
                         FOR RECOVERY WITHIN THE OECD

replace "RCRA information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203" with "RCRA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20460"
262.81(k)
230(1)IBR
045(1)
                                       X

replace "Greenlist waste" with "Green-list wastes"
262.82(a)(1)(ii)
230(1)IBR
045(1)
                                       X

replace "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)" with "Office of Federal Activities, International Compliance Assurance Division (2254A)"
262.83(b)(1)(i)
230(1)IBR
045(1)
                                       X

replace "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)" with "Office of Federal Activities, International Compliance Assurance Division (2254A)"
262.83(b)(2)(i)
230(1)IBR
045(1)
                                       X

replace "3 working days" with "three working days " and "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)" with "Office of Federal Activities, International Compliance Assurance Division (2254A)"
262.84(e)
230(1)IBR
045(1)
                                       X

replace "Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)", with, "Office of Federal Activities, International Compliance Assurance Division (2254A)"
262.87(a)
230(1) IBR
045(1)
                                       X

insert a space in "100kg" and "1000kg" to read "100 kg" and "1000 kg"

262.87(a)(5) introductory paragraph
230(1) IBR
045(1)
                                       X

                 PART 264 -- STANDARDS FOR OWNERS AND OPERATORS
        OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

                              SUBPART A - GENERAL

replace "subparts C, D, F, or G" with "subparts C, F, G, or H"
264.1(g)(2)
600(5)
Worded slightly differently
                                       X

replace "purusant" with "pursuant"
264.4
280(2)
Worded slightly differently
                                       X

                   SUBPART B  -  GENERAL FACILITY STANDARDS

replace the semicolon (;) at the end of the subsection with a colon (:)
264.13(b)(7)(iii)(B)
300(5)(h)(iii)(B)
Semi-colon changed to colon
                                       X

replace "reactons" with "reactions"
264.17(b) introductory paragraph
395(1)(a)
                                       X

replace "Quarternary" to read "Quaternary"
264.18(a)(2)(iii)
282(3)(g)
                                       X

replace "exeeded" with "exceeded"
264.18(b)(2)(iii)
282(6)(c)(i)(A)
Related flood plain requirement
                                       X

             SUBPART F- RELEASES FROM SOLID WASTE MANAGEMENT UNITS

replace "background water" with "background ground water"
264.97 (a)(1) introductory paragraph
645(8)(a)(i)
"ground" added
                                       X

replace "background quality" with "background ground-water quality"
264.97(a)(1)(i)
645(8)(a)(i)(A)
"ground-water" added
                                       X

replace "tha can be" with "that can be"
264.97(a)(1)(i)(5)
645(8)(i)(v)
                                       X

replace "persistance" with "persistence"
264.98(a)(2)
645(9)(a)(ii)
                                       X

replace "concentration or any" with "concentration of any"
264.98(g)(4)(i)
645(9)(g)(iv)(A)
"or" changed to "of"
                                       X

replace the citation "§264.98(h)(5)" with "§264.98(g)(5)"
264.99(h)(2) introductory text
645(10)(h)(ii)
Text for "h" was added
                                       X

replace the phrase "This does not apply" with "This section does not apply"
264.101(d)
64610(3)
Worded differently
                                       X

                    SUBPART G  -  CLOSURE AND POST-CLOSURE

replace "subpart" with "part"
264.111(c)
610(2)(b)
Worded differently
                                       X

replace the citation "264.110(d)" with "264.110(c)"
264.112(b)(8)
610(3)(a)(ix)
Uses state citations
                                       X

remove the second period at the end of the first sentence
264.115
610(6)
                                       X

replace "landfills cells" with "landfill cells"
264.116
610(9)
                                       X

replace the citation "§264.188(b)(3)" with "§264.118(b)(3)"
264.118(c)
610(8)(c)
                                       X

replace the citation "40 CFR subpart G" with "40 CFR part 264, subpart G"
264.119(b)(1)(ii)
610(10)(b)(i)(B)
                                       X

                     SUBPART H  -  FINANCIAL REQUIREMENTS

replace the citation "§ 264.110(d)" with "§ 264.110(c)"
264.140(d)(1)
620(1)(d)(i)
                                       X

replace "mutliplying" with "multiplying"
264.142(b)(2)
620(3)(c)(ii)
                                       X

replace "then the penal sum" with "than the penal sum"
264.143(b)(7)
620(4)(b)IBR
045(1)
                                       X

replace "as evidence by" with "as evidenced by"
264.143 (b)(8)
620(4)(b)IBR
045(1)
                                       X

replace "signficantly" with "significantly"
264.143(e)(5)
620(4)(b)IBR
045(1)
                                       X

replace "anniversay" with "anniversary"
264.145(a)(3)(i)
620(6)(b)IBR
045(1)
                                       X

replace "issued in a amount" with "issued in an amount"
264.145(d)(6)
620(6)(b)IBR
045(1)
                                       X

replace "for this section" with "of this section"; and replace "the direct of higher-tier" with "the direct or higher-tier"
264.145(f)(11) introductory paragraph
620(6)(b)IBR
045(1)
                                       X

replace "letter or credit" with "letter of credit"
264.147(h)(1)
620(8)(b)IBR
045(1)
                                       X

in the section "Corporate Surety(ies)", remove the bracket (]) after "State of incorporation"
264.151(b)
620(10) IBR
045(1)
                                       X

replace the second occurrence of the citation "265.143(e)" with "265.145(e)"
264.151(f) introductory paragraph
620(10)IBR
045(1)
                                       X

replace ""nonsudden" of" with ""nonsudden" or"
264.151(g), Letter From Chief Financial Officer, fifth paragraph
620(10)IBR
045(1)
                                       X

replace "subpart H or 40 CFR" with "subpart H of 40 CFR"
264.151(g), Letter From Chief Financial Officer, Item 3.
620(10)IBR
045(1)
                                       X

replace "Current $" with "Current liabilities $"
264.151(g), Letter From Chief Financial Officer, Part A, Alternative I, item *3
620(10)IBR
045(1)
                                       X

insert an asterisk (*) before "10."
264.151(g), Letter From Chief Financial Officer, Part B, Alternative I, item 10.
620(10)IBR
045(1)
                                       X

remove the comma after the word "If"
264.151(g), Letter From Chief Financial Officer, Part B, Alternative I, item 15.
620(10)IBR
045(1)
                                       X

remove the underline before the "$"
264.151(g), Letter From Chief Financial Officer, Part B, Alternative II, item *7
620(10)IBR
045(1)
                                       X

in the second sentence, replace "or which guarantor" with "of which guarantor"; and replace the phrase "[either 264.141(h)]" with "[either 264.141(h) or 265.141(h)]"
264.151(h)(2), Guarantee For Liability Coverage
620(10)IBR
045(1)
                                       X

insert a closing bracket (]) after "[Principal's"
264.151(h)(2), Certification Of Valid Claim, Recitals, item 13.(a)
620(10)IBR
045(1)
                                       X

in the last line, replace "Signature of witness of notary" with "Signature of witness or notary"
264.151, (h)(2), Recitals, item 14,
620(10)IBR
045(1)
                                       X

following item 2.(e), after "[Title]" replace "Authorized Representive" with "Authorized Representative"
264.151(i), item 2.(e),
620(10)IBR
045(1)
                                       X

replace "corportation" with "corporation"
264.151 (j), item 2.(d),
620(10)IBR
045(1)
                                       X

delete the opening quotation mark before "(1)" before the subsection CERTIFICATE OF VALID CLAIM, and insert a closing bracket (]) at the end of the phrase after (2) with "Grantor's facility or group of facilities.]"
264.151(k), Irrevocable Standby Letter Of Credit
620(10)IBR
045(1)
                                       X

in the paragraph following (2), replace "[date] at least one year later]" with "[date at least one year later]"
264.151(k) CERTIFICATE OF VALID CLAIM,
620(10)IBR
045(1)
                                       X

replace the citations "§264.147(h) or §265.147(h)" with "§264.147(i) or §265.147(i)"
264.151(l)
620(10)IBR
045(1)
                                       X

in the introductory paragraph, replace "accidential" with "accidental"
264.151(l), CERTIFICATION OF VALID CLAIM,
620(10)IBR
045(1)
                                       X

replace both instances of "depositary" with "depository"
264.151(m)(1),  CERTIFICATION OF VALID CLAIM, Section 8.(c)
620(10)IBR
045(1)
                                       X

replace "employee or" to read "employee of"
264.151(n)(1), under STANDBY TRUST AGREEMENT, Section 3.(c)(1)
620(10)IBR
045(1)
                                       X

insert the word "by" after "Property loaned" to read "Property loaned by"
264.151 (n)(1), Section 3.(e)(3)
620(10)IBR
045(1)
                                       X

in the third sentence, replace the semicolon after "the appointment" with a comma
264.151(n)(1), Section 12.
620(10)IBR
045(1)
                                       X

in the second sentence, replace "reasonable" with "reasonably"
264.151(n)(1), Section 16.
620(10)IBR
045(1)
                                       X

                SUBPART I  -  USE AND MANAGEMENT OF CONTAINERS

replace "underly" with "underlie"
264.175(b)(1)
630(7)(a)(i)
Worded differently
                                       X

                          SUBPART J  -  TANK SYSTEMS

in the third sentence of the Note following paragraph (c)(4), replace "sub]ect" with "subject"
264.193(c)(4), Note
640(4)(c)(iv)
                                       X

insert a period at the end of the sentence
264.193(d)(4)
640(4)(d)(iv)
                                       X

replace the colon with a semicolon
264.193 (e)(2)(ii)
640(4)(e)(ii)(B)
                                       X

replace the colon with a semicolon
264.193(e)(2)(iii)
640(4)(e)(ii)(C)
                                       X

replace the citation "§ 262.21" with "§ 261.21"
264.193(e)(2)(v)(A)
640(4)(e)(ii)(E)(I)
                                       X

replace the citation "§ 262.21" with "§ 261.23", and replace the period after the word "vapor" with a semicolon and add the word "and"
264.193(e)(2)(v)(B)
640(4)(e)(ii)(E)(II)

                                       X

replace the period at the end with a semicolon
264.193(e)(3)(i),
640(4)(e)(iii)(A)
                                       X

replace the colon with a semicolon
264.193(e)(3)(ii)
640(4)(e)(iii)(B)
                                       X

replace the comma after the word "water" with a semi-colon
264.193(g)(1)(iii)
640(4)(g)(i)(C)
                                       X

insert a period at the end of the paragraph
264.193(g)(1)(iv)
640(4)(g)(i)(D)
                                       X

replace the period with a comma
264.193(g)(2)(i)(A)
640(4)(g)(ii)(A)(I)

                                       X

                      SUBPART K  -  SURFACE IMPOUNDMENTS

replace "1x10/[-]7/ cm/sec" with "1x10[-]7 cm/ sec"
264.221(c)(1)(i)(B)
650(2)(j)(i)(B)

                                       X

replace "1x10/[-]1/ cm/sec" with "1x10[-]1 cm/ sec" and replace "3x10/[-]4/ m2sec" with "3x10[-]4 m2/sec"
264.221(c)(2)(ii)
650(2)(j)(iii)(B)

                                       X

replace "EP toxicity characteristics in" with "toxicity characteristic in"
264.221(e)(1)
650(2)(l)(i)
                                       X

replace the citation "§ 144.3 of this chapter" with "40 CFR 270.2"; and add quotation marks around "underground source of drinking water"
264.221(e)(2)(i)(B)
650(2)(l)(ii)(B)

                                       X

replace "requrements" with "requirements"
264.221(e)(2)(i)(C)
650(2)(l)(ii)(C)
                                       X

replace "exceedence" with "exceedance"
264.223(b)(1)
650(11)(b)(i)
                                       X

replace "inperfections" with "imperfections"
264.226(a)(2)
650(4)(a)(ii)
                                       X

                           SUBPART L  - WASTE PILES

replace "resistent" to read "resistant"
264.251(a)(2)(i)(A)
660(2)(a)(ii)(A)(I)
                                       X

replace "surface impoundment units" with "waste pile units"
264.252(a)
660(3)(a)
                                       X

remove the comma after the citation "§ 264.254(c)"
264.252(b)
660(3)(b)
                                       X

remove the comma between the word "and" and "F027"
264.259(b)
660(10)(b)
                                       X

                         SUBPART M  -  LAND TREATMENT

replace "expect that" with "except that"
264.280(c)(7)
655(8)(a)(vii)
                                       X

replace "closure of post-closure" with "closure or post-closure"
264.280(d), introductory paragraph
655(8)(d)
                                       X

remove the comma between the word "and" and "F027"
264.283(a)
655(12)(a)

                                       X

                             SUBPART N - LANDFILLS

replace "paragraphs (3)(c)(iii) and (iv)" with "paragraphs (c)(3)(iii) and (iv)"
264.301(c)(2)
665(2)(h)(ii)
                                       X

replace the citation "§ 144.3 of this chapter" with "40 CFR 270.2"; and add quotation marks around "underground source of drinking water"
264.301(e)(2)(i)(B)
665(2)(j)(ii)(B)

                                       X

replace "surface impoundment units" with "landfill units"
264.302(a)
665(8)(a)

                                       X

remove the comma after the citation "§ 264.303(c)"
264.302(b)
665(8)(b)

                                       X

replace "exceedence" with "exceedance"
264.304(b)(1)
665(9)(b)(i)
                                       X

replace the citation "§ 144.3 of this chapter" with "40 CFR 270.2"; and add quotation marks around "underground source of drinking water"
264.314(e)(2)
140(4)(b)(v)(B)

                                       X

replace "in a landfills" with "in a landfill"
264.317(a) introductory paragraph
665(11)(a)

                                       X

                           SUBPART O - INCINERATORS

replace "new wastes may be be based" with "new wastes may be based"
264.344(b)
670(5)(b)
                                       X

                 SUBPART S  -  SPECIAL PROVISIONS FOR CLEANUP

replace the colon at the end of the paragraph with a period
264.552(e)(4)(iii)
64660(3)(d)(iii)
                                       X

replace the citation "40 CFR 260.11(11)" with "40 CFR 260.11(a)(11)"
264.552(e)(4)(iv)(F)
64660(3)(d)(iv)(F)
                                       X

replace "Hydrological" with "Hydrogeological"
264.552(e)(6)(iii)(E)
64660(3)(f)(ii)(E)
                                       X

replace "the Administrator" with "the Regional Administrator"
264.553(e) introductory paragraph
64680(5)

                                       X

replace "Director in according" with "Director according"
264.554(a) introductory paragraph
64690 IBR
045(1)
                                       X

                            SUBPART W  -  DRIP PADS

replace "miminal" to read "minimal"
264.555(e)(6)
646910(5)(f)
                                       X

replace "nonearthern" with "non-earthen"; and replace the colon at the end of the paragraph with a semicolon
264.573(a)(1)
675(4)(a)(i)

                                       X

replace both occurrences of "1x10[-]7" with "1x10[-]7"; and replace the citations "§ 264.572(a) instead of § 264.572(b)" with "§264.572(b) instead of §264.572(a)"
264.573(a)(4)(i),
675(4)(a)(iv)(A)
Citations corrected
                                       X

replace "perations" with "operations"
264.573(a)(5)
675(4)(a)(v)
                                       X

replace the citations "§264.572(b) instead of §264.572(a)" with "§264.572(a) instead of §264.572(b)"
264.573(b) introductory paragraph
675(4)(b)
Citations corrected
                                       X

replace "clean up" with "cleanup".
264.573(m)(2)
675(4)(m)(ii)
                                       X

replace both occurrences of "clean up" with "cleanup"
264.573(m)(3)
675(4)(m)(iii)
                                       X

                       SUBPART X  -  MISCELLANEOUS UNITS

replace "miscellanenous" with "miscellaneous" and "provide" with "provides"
264.600
680(1)
                                       X

replace "heath" with "health"
264.601(a) introductory paragraph
680(2)(a)
                                       X

replace "constitutents" with "constituents"
264.601(b)(11)
680(2)(b)(xi)
                                       X

replace "metorologic" with "meteorologic"
264.601(c)(4)
680(2)(c)(iv)
                                       X

            SUBPART AA  -  AIR EMISSION STANDARDS FOR PROCESS VENTS

replace "owner and operator receives" with "owner and operator receive"; and replace "owner and operator is subject" with "owner and operator are subject"
264.1030(c)
690(1)(c)

                                       X

replace the period after the word "regular" with a comma
264.1033(f)(2)(vii)(B)
690(2)IBR
045(1)
                                       X

remove the "(6)" in front of the phrase "The detection"
264.1034(b)(2)
690(2)IBR
045(1)
                                       X

replace the period after the first instance of "760˚C" with a comma
264.1035(c)(4)(i)
690(2)IBR
045(1)
                                       X

insert a comma after the word "greater"
264.1035(c)(4)(ii)
690(2)IBR
045(1)
                                       X

           SUBPART BB  -  AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

replace "§ 264,1064(g)(6)" with "§ 264.1064(g)(6)"
264.1050(f)
691(1)(f)
                                       X

replace the period after the second occurrence of the word "detected" with a comma
264.1058(c)(1)
691(2) IBR
045(1)
                                       X

remove the second section symbol (§) in the citation "§§264.1057(c)"
264.1064(c)(3)
691(2) IBR
045(1)
                                       X

                  SUBPART CC  -  AIR EMISSION STANDARDS FOR
                  TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS

replace "subparts I, J, or K" with "subpart I, J, or K"
264.1080(a)
692(1)(a)
                                       X

in the last sentence, replace "owner and operator is subject" with "owner and operator are subject"
264.1080(c)
692(1)(c)

                                       X

remove the third sentence
264.1090(c)
692(2)IBR
045(1)
                                       X

                     SUBPART DD  -  CONTAINMENT BUILDINGS

replace the citation "§ 264.193(d)(1)" with "§ 264.193(e)(1)"
264.1101(b)(3)(iii)
695 IBR
045(1)
                                       X

replace "hazardous waste, must repair" with "hazardous waste, the owner or operator must repair"
264.1101 (c)(3) introductory paragraph
695 IBR
045(1)
                                       X

replace "lead" with "led"
264.1101(c)(3)(i)
695 IBR
045(1)
                                       X

replace "For containment buildings that contain areas both" with "For a containment building that contains both areas"
264.1101(d) introductory paragraph
695 IBR
045(1)
                                       X

remove the comma after "etc."
264.1102(a)
695 IBR
045(1)
                                       X

add unit of measure codes for "Pounds", "Short tons", "Kilograms", and "Tons" at the end of the table as shown at 70 FR 40274
264, Appendix I/ Table 1
380(2)(c)

                                       X

replace the line "T75 Tricking filter" with "T75 Trickling filter"
264, Appendix I/ Table 2, Section 2.(d)
380(2)(d)

                                       X

         PART 265 -- INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS
         OF HAZARDOUS WASTE TREATMENT, STORAGE, ANDDISPOSAL FACILITIES

                             SUBPART A  -  GENERAL

remove the phrase, "As stated in paragraph (c)(2) of this section,"
265.1(c)(4)(i)
No analog
States do not have to adopt this provision.
Correction is N/A

replace "subparts C, D, F, or G" with "subparts C, F, G, or H"
265.1(c)(6)
400(2)(c)(ii)
Analog added.  The referenced analog at 120(3) includes additional state categories of recyclable materials
                                       X

                   SUBPART B  -  GENERAL FACILITY STANDARDS

replace "of the date of the waste" with "of the date the waste"
265.12(a)(1)
290(1)(a)
                                       X

replace "guards of facility personnel" with "guards or facility personnel"
265.14(b)(1)
310(2)(b)

                                       X

replace "successfuly" with "successfully"
265.16(b)
330(1)(c)(ii)
                                       X

in the last sentence, replace "264.254(c)(1)" with "264.251(c)(1)"
265.19, amend paragraph (c)(2)
400(3)(a) IBR
045(1)
                                       X

            SUBPART D  -  CONTINGENCY PLAN AND EMERGENCY PROCEDURES

replace "a real" with "areal" (one word)
265.56(b)
360(2)(b)
                                       X

                     SUBPART F  -  GROUND WATER MONITORING

remove the comma after the phrase "he may".
265.90(d) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

                    SUBPART G  -  CLOSURE AND POST-CLOSURE

replace "building" with "buildings"
265.110(b)(4)
400(3)(a) IBR
045(1)
                                       X

replace "264.1102" with "265.1102"
265.111(c)
400(3)(a) IBR
045(1)
                                       X

replace "partial and final closure period" with "partial and final closure periods"
265.112(b)(5)
400(3)(a) IBR
045(1)
                                       X

in the next to last sentence, replace the citation "§§ with 265.111" with "§§ 265.111"; replace "part, §§ 265.197" with "part, and §§ 265.197"; and replace the citation "264.1102" with "265.1102"
265.112(d)(4)
400(3)(a) IBR
045(1)
                                       X

replace "extenstion" with "extension"
265.113(b) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

replace "oonstituents" with "constituents"
265.113(e)(4)
400(3)(a) IBR
045(1)
                                       X

replace "Administator" with "Administrator"
265.117(b) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

replace the citation "40 CFR subpart G" with "40 CFR part 265, subpart G"
265.119(b)(1)(ii)
400(3)(a) IBR
045(1)
                                       X

                     SUBPART H  -  FINANCIAL REQUIREMENTS

replace the citation "265.146" with "265.145"
265.140(b) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

replace the citation "§ 264.197" with "§ 265.197"
265.140(b)(2)
400(3)(a) IBR
045(1)
                                       X

remove "265.178" from the list of sections
265.142(a)
400(3)(a) IBR
045(1)
                                       X

in the, first sentence, replace "for this section" with "of this section"; in the second sentence, replace "direct of higher-tier" with "direct or higher-tier"; in the third sentence, replace the citation "(f)(1) through (9)" with "(e)(1) through (9)"; in the fifth sentence, replace the citation "(f)(3)" with "(e)(3)"
265.145(e)(11)
400(3)(a) IBR
045(1)
                                       X

in the next to last sentence by replace "or Regional Administrator if facilities" with "or Regional Administrators if the facilities"
265.147(a)(1)(i)
400(3)(a) IBR
045(1)
                                       X

add paragraph (b)(1)(i):
Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability insurance; wording of the endorsement must be identical ot § 264.151(i); wording of the certificate of insurance must be identical to § 264.151(j); submit a signed duplicate original of the endorsement or certificate of insurance; if requested, provide a signed duplicate original of the insurance policy
265.147 (b)(1)(i)
400(3)(a) IBR
045(1)
                                       X

                                                                              3
add paragraph (b)(1)(ii):
Each insurance policy must be issued by an insurer licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States
265.147 (b)(1)(ii)
400(3)(a) IBR
045(1)
                                       X

                SUBPART I  -  USE AND MANAGEMENT OF CONTAINERS

delete the phrase "and the containment system"
265.174
400(3)(a) IBR
045(1) and
400(3)(c)(viii)
Modified to remove exception for performance track inspections

                                       X

                          SUBPART J  -  TANK SYSTEMS

replace the citation "§ 262.21" with "§ 261.21"
265.193(e)(2)(v)(A)
400(3)(a) IBR
045(1)
                                       X

replace the citation "§ 262.21" with "§ 261.23"
265.193(e)(2)(v)(B)
400(3)(a) IBR
045(1)
                                       X

in the last sentence, replace "tanks surfaces" with "tank surfaces"
265.193(i)(2)  OK
400(3)(a) IBR
045(1) and
400(3)(c)(ix)(G)
Modified by requiring use of independent, registered PE

                                       X

insert a period after "e.g" and replace "discount" with "disconnect"
265.194(b)(1)
400(3)(a) IBR
045(1)
                                       X

insert a period after "e.g"
265.194(b)(2)
400(3)(a) IBR
045(1)
                                       X

insert a period after the closing parenthesis of the citation "(265.310)"
265.197(b)
400(3)(a) IBR
045(1)
                                       X

replace "hazardous in tanks" with "hazardous waste in tanks"
265.201(c) introductory  paragraph
400(3)(a) IBR
045(1) and
400(3)(c)(ix)(K)
Modified by deleting the paragraph (d)
exception

                                       X

                      SUBPART K  -  SURFACE IMPOUNDMENTS

replace "leachate collection and removal system above and between the liners" with "leachate collection and removal system between the liners"
265.221(a)
400(3)(a) IBR
045(1)
                                       X

replace "in leaking?" with "is leaking"; replace "soil it is not" with "soil is not"; and replace "the owner of operator" with "the owner or operator"
265.221(d)(2)(i)(A)
400(3)(a) IBR
045(1)
                                       X

replace the citation "§ 144.3 of this chapter" with "40 CFR 270.2"; and add quotation marks around "underground source of drinking water"
265.221(d)(2)(i)(B)
400(3)(a) IBR
045(1)
                                       X

replace "exceedence" with "exceedance"
265.224(b)(1)
400(3)(a) IBR
045(1)
                                       X

replace "Accomodate" with "Accommodate"
265.228(a)(2)(iii)(D)
400(3)(a) IBR
045(1)
                                       X

replace the citation "§§ 265.221(c)(2)(iv)" with "§§ 264.221(c)(2)(iv)"
265.228(b)(2)
400(3)(a) IBR
045(1)
                                       X

remove paragraph (b)(2) and redesignate paragraphs (b)(3) and (b)(4) as paragraphs (b)(2) and (b)(3), respectively
265.229(b)(2) and (b)(3)
400(3)(a) IBR
0454(1)
                                       X

                           SUBPART L  -  WASTE PILES

replace "surface impoundment units" with "waste pile units".
265.255(b)
400(3)(a) IBR
045(1)
                                       X

replace "exceedence" with "exceedance"
265.259(b)(1)
400(3)(a) IBR
045(1)
                                       X

                         SUBPART M  -  LAND TREATMENT

replace "gowth" with "growth"
265.280(a)(4)
400(3)(a) IBR
045(1)
                                       X

replace "§ 265.21" with "§ 261.21"
265.281(a)(1)
400(3)(a) IBR
045(1)
                                       X

                            SUBPART N  -  LANDFILLS

replace "in accordance with § 264.301(d), (e), or (f) of this chapter" with "in accordance with § 264.301(c), unless exempted under § 264.301(d), (e), or (f) of this chapter"
265.301(a)
400(3)(a) IBR
045(1)
                                       X

replace "such waste does not" with "such wastes do not"; replace the citation "§ 261.4" to read "§ 261.24"; and replace "Hazardous Waste Number" with "Hazardous Waste Numbers"
265.301(d)(1)
400(3)(a) IBR
045(1)
                                       X

replace the citation "§ 144.3 of this chapter" with "40 CFR 270.2"; and add quotation marks around "underground source of drinking water"
265.301(d)(2)(i)(B)
400(3)(a) IBR
045(1)
                                       X

replace "surface impoundment units" with "landfill units"
265.302(b)
400(3)(a) IBR
045(1)
                                       X

replace "exceedence" with "exceedance"
265.303(b)(1)
400(3)(a) IBR
045(1)
                                       X

replace "dissolution or material" with "dissolution of material"
265.312(a)(1)
400(3)(a) IBR
045(1)
                                       X

replace "polysobutylene" with "polyisobutylene"
265.314(e)(1)(ii)
400(3)(a) IBR
045(1)
                                       X

replace the citation "§ 144.3 of this chapter" with "40 CFR 270.2"; and add quotation marks around "underground source of drinking water"
265.314(f)(2)
400(3)(a) IBR
045(1)
                                       X

replace "landfull" with "landfill"
265.316 introductory paragraph
400(3)(a) IBR
045(1)
                                       X

replace "container's" with "containers"
265.316(c)
400(3)(a) IBR
045(1)
                                       X

replace "§ 260.10(a)" with "§ 260.10"
265.316(d)
400(3)(a) IBR
045(1)
                                       X

          SUBPART Q  -  CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT

replace "§ 261.21 or 261.23 or this chapter" with "§§ 261.21 or 261.23 of this chapter"
265.405(a)(1)
400(3)(a) IBR
045(1)
                                       X

                            SUBPART W  -  DRIP PADS

replace "state Director" with "State Director"
265.441(c)
400(3)(a) IBR
045(1) and
400(3)(c)(xviii)(C)
Modified by requiring use of independent, registered PE

                                       X

replace the citation "§ 265.442(a) instead of § 265.442(b)" with "§ 265.442(b) instead of § 265.442(a)"
265.443(a)(4)(i)
400(3)(a) IBR
045(1)
                                       X

replace "§ 265.442(b) instead of § 265.442(a)" with "§ 265.442(a) instead of § 265. 442(b)"
265.443(b) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

replace "post/closure care" to read "post-closure care"
265.445(b)
400(3)(a) IBR
045(1)
                                       X

            SUBPART AA  -  AIR EMISSION STANDARDS FOR PROCESS VENTS

replace the period with a comma after "+-0.5 °C"
265.1033(f)(2)(ii)
400(3)(a) IBR
045(1)
                                       X

replace the period with a comma after the citation "§ 265.1032"
265.1035(b)(2) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

replace "annual throughput end operating hours" with "annual throughput and operating hours"
265.1035(b)(2)(i)
400(3)(a) IBR
045(1)
                                       X

replace the period with a comma after the first occurrence of "760 °C"
265.1035(c)(4)(i)
400(3)(a) IBR
045(1)
                                       X

replace the period in "10.000" with a comma
265.1063(b)(4)(ii)
400(3)(a) IBR
045(1)
                                       X

               SUBPART CC  -  AIR EMISSION STANDARDS FOR TANKS,
                     SURFACE IMPOUNDMENTS, AND CONTAINERS

replace the citation "subparts I, J, or K" with "subpart I, J, or K"
265.1080(a)
400(3)(a) IBR
045(1)
                                       X

replace "under either or the following" with "under either of the following"
265.1085(h)(3) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

designate the text following the paragraph heading "General requirements" as paragraph (b)(1)
265.1087(b)
400(3)(a) IBR
045(1)
                                       X

replace "§ 265.1084(c)(2)(i)" with "§ 265.1083(c)(2)(i)"
265.1090(f)(1)
400(3)(a) IBR
045(1)
                                       X

                     SUBPART DD  -  CONTAINMENT BUILDINGS

replace "permit" with "prevent"
265.1100(d)
400(3)(a) IBR
045(1)
                                       X

replace "trasmissivity" with "transmissivity"
265.1101(b)(3)(i)(B)
400(3)(a) IBR
045(1)
                                       X

replace the citation "§ 265.193(d)(1)" with "§ 265.193(e)(1)"
265.1101(b)(3)(iii)
400(3)(a) IBR
045(1)
                                       X

replace "hazardous waste, must repair" with "hazardous waste, the owner or operator must repair"
265.1101(c)(3) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

replace "For containment" with "For a containment"
265.1101(d) introductory paragraph
400(3)(a) IBR
045(1)
                                       X

add unit of measure codes for "Pounds," "Short tons," "Kilograms," and "Tons" at the end of the table with as shown at 70 FR 40276
265Appendix I/ Table 1
380(2)(c)
                                       X

in Section 2.(d), replace "T75 Tricking filter" with "T75 Trickling filter"; in Section 4., replace the heading "Miscellaneous (Subpart X)" with "Miscellaneous" and replace "X99 Other Subpart X (specify)" with "X99 Other (specify)"
265, Appendix I/  Table 2
380(2)(d)
                                       X

Under the Group 1 - A column, replace the phrase "Akaline caustic liquids" with "Alkaline caustic liquids"; and replace "Lime sludge and other corrosive alkalines" with "Lime sludge and other corrosive alkalies"
265, Appendix V/Table
No analog
Table is of examples, not a regulatory requirement
Correction is N/A

in the entry "Dichlorvos (DDVP)", replace the CAS No. "62737" with "62 - 73 - 7"; in the entry "Ethylene thiourea (2- imidazolidinethione)" replace the CAS No. "9 - 64 - " with "96 - 45 - 7"; in the entry "Neopentyl glycol (dimethylolpropane)" replace "dimethylolpropane" with "dimethylpropane"; in the entry "1,3-Propane sulfone", replace "sulfone" with "sultone"
265, Appendix VI
400(3)(a)
IBR 045(1)
                                       X

PART 266 -- STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

    SUBPART F  -  RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY

replace "paladium, irridium" to read "palladium, iridium"
266.70(a)
525(1)(a)
                                       X

            SUBPART G  -  SPENT LEAD-ACID BATTERIES BEING RECLAIMED

in the third column, insert a comma after "(except for § 262.11)" in all four instances
266.80(a)/Table

The table is not in the state rule. Related state analog is 520. It is not required because it is only an aid for interpreting the rule.
Correction is N/A

    SUBPART H  -  HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES

replace "§ 266.212" with § 266.112"
266.100(b)(2)(iv)
No analog
The state has not adopted these rules, so an equivalency determination is N/A for Subpart H

replace "appendix IX" with "appendix XI"
266.100(d)(3)(i)(A)
No analog
N/A

replace "paladium, irridium" with "palladium, iridium"
266.100(g) introductory paragraph
No analog
N/A

replace "(Corrective Action)" with "(Releases from Solid Waste Management Units)"
266.102(a)(2)(vi)
No analog
N/A

replace the citation "§ 266.111(b)" with "§ 266. 105(a)"
266.102(e)(3)(i)(E),
No analog
N/A

replace "chorline" with "chlorine"; and replace "feestocks" with "feedstocks"
266.102(e)(5)(i)(C),
No analog
N/A

replace "of preceding" with "of the preceding"
266.102(e)(6)(ii)(B)(2)
No analog
N/A

replace "values" with "valves"
266.102(e)(8)(iii)
No analog
N/A

replace "265.147 - 265.151" with "265.147 - 265.150"
266.103(a)(4)(vii)
No analog
N/A

replace "meterological" with "meteorological"
266.103(b)(2)(v)(B)(2)
No analog
N/A

replace "on a hourly" with "on an hourly"
266.103(b)(5)(ii)(A)
No analog
N/A

replace "Ageny" with "Agency"
266.103(b)(6)(viii)(A)
No analog
N/A

replace paragraph (c)(1)(i) to read as follows: Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under § 266.106(b) or (e)), pumpable hazardous waste
266.103(c)(1)(i)
No analog
N/A

replace "feedsteams" with "feedstreams"
266.103(c)(1)(ii)(A)(2)
No analog
N/A

                                                                              4
replace (c)(1)(ix) introductory text to read as follows: For systems using wet scrubbers, including wet ionizing scrubbers (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under § 266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under § 266.107(b)(1) or (e))
266.103(c)(1)(ix) introductory paragraph
No analog
N/A

replace "ration" with "ratio"
266.103(c)(1)(ix)(A)
No analog
N/A

replace "on a hourly" with "on an hourly"
266.103(c)(4)(iv)(C)(1)
No analog
N/A

replace "on a hourly" with "on an hourly"
266.103(g)(1)(i)
No analog
N/A

delete the second appearance of the phrase "dispersion modeling to predict the maximum annual average off-site ground level concentration for each"
266.106(d)(1)
No analog
N/A

replace "constitutent" with "constituent" in both instances
266.109(a)(2)(ii)
No analog
N/A

in the paragraph heading, replace "particular" with "particulate"
266.109(b) introductory paragraph
No analog
N/A

SUBPART N  -  CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE, TREATMENT, TRANSPORTATION AND DISPOSAL

replace "Subpart N -- Conditional Exemption for Low-Level Mixed Waste Storage and Disposal" with "Subpart N -- Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal"
Part 266, subpart N heading
No analog
The state has not adopted these rules, so an equivalency determination is N/A for Subpart N

in the column headings replace each of the three occurrences of "C12" with "Cl2", and "HC1" with "HCl" (i.e., replace the "1" (one) to be a lower-case letter L in all six cases)
Part 266, Appendix III
No analog
N/A

replace the entry "Maleic Anyhdride" with "Maleic Anhydride"; replace the entry "2.4.5- Trichlorophenol" with "2,4,5- Trichlorophenol" (i.e., replace periods with commas)
Part 266, Appendix IV
No analog
N/A

replace the third column heading "Unit risk (m3/ug)" with "Unit risk (m[3]/ug)"; replace the fourth column heading "RsD (ug/m3)" with "RsD (ug/m[3])"; replace the entry "Benxene" with "Benzene"; replace the entry "Hexachlorodibenxo-p-dioxin (1,2 Mixture)" with "Hexachlorodibenzop- dioxin (1,2 Mixture)"
Part 266, Appendix V
No analog
N/A

in the first column heading "Flow rate (m3/s)" with "Flow rate (m[3]/s)"
Part 266, Appendix VI
No analog
N/A

in the "Semivolatiles" column, replace "Plychlorinated" with "Polychlorinated"
Part 266, Appendix VIII
No analog

in the Table of Contents at 4.0, replace "Estimating Toxicity Equipment or" with "Estimating the Toxicity Equivalence of"; in the Table of Contents at 9.2, replace "Cl," with "Cl2"; in the Table of Contents at 10.4, replace "Overviev" with "Overview"; in Section <IP_ADDRESS>, replace "The PA test" with "The RA test"; in Section <IP_ADDRESS>, replace "determination of 02" with "determination of O2)"; in Table 2.1 - 1 footnote 1, replace "of twice the permit limit" with "or twice the permit limit"; in Section <IP_ADDRESS>, replace "the PA test" with "the RA test"; in Section 2.2.10, first sentence, replace "used in conjunction" with "used in conjunction"; in the Section 4.0 title, replace "DIBENCO-" with "DIBENZO-"; in Section 5.0 at Step 6, footnote 5 first sentence, remove the comma after the phrase "urban and rural areas"; in Section 5.0 at Table 5.0 - 5, for distance 10.00, replace the Generic source #1 value "9.4" in the second column with "29.4"; in Section 5.0 at Step 7(B), second sentence, insert a closing parenthesis after "(identified in Step 7(A)" with "(identified in Step 7(A))"; _ m. in Section 5.0 at the Table in Step 10(D)1., replace the comma in column heading ">0,5 - 2.5" with a period to read ">0.5 - 2.5"; in Section 5.0 at the Table below Table 5.0 - 6, replace the column heading  "C[a](ug/m[3])" with "Ca(ug/m[3])"; and replace "C(A>G/M3)" with "Ca(ug/m[3])"
Part 266, Appendix IX
No analog
N/A

Appendix IX to Part 266 -- (continued) in Section 6.2, first paragraph second sentence, replace "Within These" with "Within these"; in Section 7.1, second paragraph second sentence, replace "Mulitple" to read "Multiple";  in Section 7.2, at the last paragraph, replace "This, if" with "Thus, if"; in Section 8.0, second paragraph, replace "chorine" with "chlorine";  in Section 9.2, in the first sentence, replace the formula "Cl2" with "Cl2"; in Section 10.3, last sentence of next to last paragraph, replace the period in the phrase "To avoid this expense." with a comma;  in Section 10.5(2), fourth bullet, in the sentence starting "Three of the first five tests", replace the period in "hazardous wastes. and in" with a comma.
Part 266, Appendix IX, (continued)
No analog
N/A

at item number 14 replace "levels or mercury" with "levels of mercury"
Part 266, Appendix XIII
No analog
N/A

                PART 267 -- STANDARDS FOR OWNERS AND OPERATORS
      OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT

                      SUBPART H -- FINANCIAL REQUIREMENTS

replace "test for facilities regulated under § 267 and also § 264 or § 265" with "test for facilities regulated under part 267 and also part 264 or part 265"
267.147(f)(2)(i)(A)
No analog
The state did not adopt the standardized permit rule, so an equivalency determination is N/A for Subpart H

                     PART 268 -- LAND DISPOSAL RESTRICTIONS

                              SUBPART A -- GENERAL

replace "A manufactured" with "a manufactured"; "Any material" with "any material"; "Process residuals" with "process residuals"; and "and Intact" with "and intact"
268.2(g)
140(2)(a)IBR
045(1)
                                       X

replace "of part 264 or part 264" with "of part 264 or part 265"
268.4(a)(3) introductory paragraph
140(2)(a)IBR
045(1)
                                       X

replace "section meet" with "section meets"
268.6(c)(5) introductory paragraph
140(2)(a)IBR
045(1)
                                       X

insert a closing parenthesis at the end of the sentence that starts "(Alternatively, the generator" and in the second to last sentence, replace "solids contaminated" with "soils contaminated"
268.7(a)(1)
140(2)(a)IBR
045(1)
                                       X

insert the word "column" after the phrase "information in", and insert a closing quotation mark after the citation "268.7(a)(3)"
268.7(a)(3)(ii)
140(2)(a)IBR
045(1)
                                       X

insert a closing bracket ("]") at the end of the phrase: "[is subject to/complies with"
268.7(a)(4)/Table, entry 8
140(2)(a)IBR
045(1)
                                       X

insert a closing quotation mark after the citation "268.49(c)"
268.7(b)(3)(ii)/ Table, entry 5
140(2)(a)IBR
045(1)
                                       X

replace "§ 261.3(e)" with "§ 261.3(f)"
268.7(b)(4)(ii)
140(2)(a)IBR
045(1)
                                       X

remove the closing parenthesis from "Leaching Procedure)"
268.7(c)(2)
140(2)(a)IBR
045(1)
                                       X