Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion, 41358-41368 [05-14189]
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do the research data or findings show
consumers’ beliefs as to which specific
grains or other ingredients are not
present in foods labeled ‘‘gluten-free’’?
E. Consumer Purchasing Practices
9. Are there available research data or
findings on how consumers with celiac
disease or their caregivers identify
packaged foods that do not contain
gluten? Do the data establish how much
time these consumers devote to
identifying such foods?
10. Are there available research data
or findings on whether the packaged
foods consumers with celiac disease or
their caregivers currently purchase or
consume are primarily or exclusively
those foods labeled ‘‘gluten-free’’? Do
the research data or findings identify the
types of ‘‘gluten-free’’ packaged foods
(e.g., breads, dairy foods, canned
vegetables) purchased or consumed by
persons with celiac disease or their
caregivers? Do the research data or
findings show whether a ‘‘gluten-free’’
label influences the purchasing decision
of persons with celiac disease or their
caregivers when presented with
products having identical ingredient
lists?
IV. Registration
Please submit your registration
information (including name, title, firm
name (if applicable), address, telephone
number, fax number (if available), and
e-mail address (if available)) by August
12, 2005. We encourage you to register
online at https://www.cfsan.fda.gov/
~comm/register.html or by fax to
Marion V. Allen at 301–436–2605. We
will also accept registration onsite;
however, space is limited and
registration will be closed when the
maximum seating capacity is reached. If
you need special accommodations due
to a disability (e.g., sign language
interpreter), please inform Marion V.
Allen (see FOR FURTHER INFORMATION
CONTACT) no later than August 12, 2005,
when you register. Please also specify
whether you need onsite parking when
you register.
If you wish to make a presentation,
indicate this desire when registering
and submit the following information by
August 12, 2005: (1) A brief written
statement about the general nature of
the views you wish to present and (2)
the names of any copresenters who must
also register to attend. The amount of
time allowed for each oral presentation
at the public meeting may be limited
(e.g., 5 minutes each), depending upon
the number of persons who request to
speak. Individuals and organizations
that do not preregister to make a
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presentation may have the opportunity
to speak if time permits.
Persons preregistered or wishing to
register onsite should check in between
7:30 and 8:30 a.m. Because the meeting
will be held in a Federal building,
meeting participants must present photo
identification and plan adequate time to
pass through the security system.
V. Comments
In addition to attending or presenting
oral comments at the meeting, interested
persons may submit to the Division of
Dockets Management (see ADDRESSES)
written or electronic comments related
to the questions and the focus of this
public meeting. All relevant data and
information should be submitted with
the written comments. Submit a single
copy of electronic comments or two
paper copies of any mailed comments,
except that individuals may submit one
paper copy. Comments are to be
identified with the docket number
found in brackets in the heading of this
document. Received comments may be
seen in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
4. Janatuinen, E.K., T.A. Kemppainen, P.H.
Pikkarainen, et al., ‘‘Lack of Cellular and
Humoral Immunological Responses to Oats
in Adults With Coeliac Disease,’’ Gut,
46(3):327–331, 2000.
5. Janatuinen, E.K., P.H. Pikkarainen, T.A.
Kemppainen, et al., ‘‘A Comparison of Diets
With and Without Oats in Adults With Celiac
Disease,’’ New England Journal of Medicine,
333(16):1033–1037, 1995.
6. Lundin, K.E., E.M. Nilsen, H.G. Scott, et
al., ‘‘Oats Induced Villous Atrophy in Coeliac
Disease,’’ Gut, 52(11):1649–1652, 2003.
7. Arentz-Hansen, H., B. Fleckenstein, O.
Molberg, et al., ‘‘The Molecular Basis for Oat
Intolerance in Patients With Celiac Disease,’’
PLoS Medicine, 1:84–92, 2004.
8. Thompson, T., ‘‘Gluten Contamination
of Commercial Oat Products in the United
States,’’ New England Journal of Medicine,
351(19):2021–2022, 2004.
9. Brown A., Understanding Food
Principles and Preparation, Second Edition,
Wadsworth/Thomson Learning, Belmont CA,
USA, pp. 402–403, 2004.
10. Corrao, G., G.R. Corazza, V. Bagnardi,
et al., ‘‘Mortality in Patients With Coeliac
Disease and Their Relatives: A Cohort
Study,’’ Lancet, 358:356–361, 2001.
11. Dewar, D., S.P. Pereira, and P.J.
Ciclitira, ‘‘The Pathogenesis of Coeliac
Disease,’’ International Journal of
Biochemistry & Cell Biology, 36:17–24, 2001.
12. Fasano, A. and C. Catassi, ‘‘Current
Approaches to Diagnosis and Treatment of
Celiac Disease: An Evolving Spectrum,’’
Gastroenterology, 120(3):636–651, 2001.
VI. Meeting Transcript
A transcript will be made of the
meeting’s proceedings. You may request
a copy in writing from FDA’s Freedom
of Information Office (HFI–35), Food
and Drug Administration, 5600 Fishers
Lane, rm. 12A–16, Rockville, MD 20857,
approximately 30 working days after the
public meeting at a cost of 10 cents per
page. The transcript of public meeting
and all comments submitted will be
available for public examination at the
Division of Dockets Management (see
ADDRESSES) between 9 a.m. and 4 p.m.,
Monday through Friday, as well as on
the FDA Web site at https://www.fda.gov/
ohrms/dockets/default.htm.
BILLING CODE 4160–01–S
VII. References
The following references have been
placed on display in the Division of
Dockets Management (see ADDRESSESS)
and may be viewed between 9 a.m. and
4 p.m., Monday through Friday.
AGENCY:
1. National Institutes of Health, Consensus
Development Conference Statement, Celiac
Disease, June 28 through 30, 2004, accessible
on June 2005 at https://consensus.nih.gov/
cons/118/118celiacPDF.pdf. (FDA has
verified the Web site address, but is not
responsible for subsequent changes to the
Web site after this document publishes in the
Federal Register.)
2. Kasarda, D.D., ‘‘Grains in Relation to
Celiac Disease,’’ Cereal Foods World,
46(5):209–210, 2001.
3. Janatuinen, E.K., T.A. Kemppainen, R.J.
Julkunen, et al., ‘‘No Harm From Five Year
Ingestion of Oats in Coeliac Disease,’’ Gut,
50(3):332–335, 2002.
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Dated: July 13, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–14196 Filed 7–14–05; 4:31 pm]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[SW–FRL–7940–2]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Proposed Exclusion
Environmental Protection
Agency (EPA).
ACTION: Proposed rule and request for
comment.
SUMMARY: EPA is proposing to grant a
petition submitted by General Motors
Corporation-Arlington Truck Assembly
Plant (GM-Arlington) to exclude (or
delist) a wastewater treatment plant
(WWTP) sludge generated by GMArlington in Arlington, TX. from the
lists of hazardous wastes.
EPA used the Delisting Risk
Assessment Software (DRAS) in the
evaluation of the impact of the
petitioned waste on human health and
the environment.
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EPA bases its proposed decision to
grant the petition on an evaluation of
waste-specific information provided by
the petitioner. This proposed decision,
if finalized, would exclude the
petitioned waste from the requirements
of hazardous waste regulations under
the Resource Conservation and
Recovery Act (RCRA).
If finalized, EPA would conclude that
GM-Arlington’s petitioned waste is nonhazardous with respect to the original
listing criteria. EPA would also
conclude that GM-Arlington’s process
minimizes short-term and long-term
threats from the petitioned waste to
human health and the environment.
DATES: EPA will accept comments until
September 2, 2005. EPA will stamp
comments received after the close of the
comment period as late. These late
comments may not be considered in
formulating a final decision. Your
requests for a hearing must reach EPA
by August 3, 2005. The request must
contain the information prescribed in 40
CFR 260.20(d).
ADDRESSES: Please send three copies of
your comments. You should send two
copies to Ben Banipal, Chief of the
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division (6PD–
C), Environmental Protection Agency,
1445 Ross Avenue, Dallas, Texas 75202.
You should send a third copy to Sam
Barrett, Waste Section Manager, Texas
Commission on Environmental Quality,
2309 Gravel Dr., Ft. Worth, TX 76118–
6951. Identify your comments at the top
with this regulatory docket number: ‘‘F–
05–TXDEL–GM–Arlington.’’
You should address requests for a
hearing to Ben Banipal, Chief of the
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division (6PDC), Environmental Protection Agency,
1445 Ross Avenue, Dallas, Texas 75202.
FOR FURTHER INFORMATION CONTACT:
Comments may also be submitted
electronically to Youngmoo Kim at
kim.youngmoo@epa.gov.
B. What is a delisting petition, and what
does it require of a petitioner?
C. What factors must EPA consider in
deciding whether to grant a delisting
petition?
III. EPA’s Evaluation of the Waste
Information and Data
A. What wastes did GM-Arlington petition
EPA to delist?
B. Who is GM-Arlington and what process
does it use to generate the petitioned
waste?
C. How did GM-Arlington sample and
analyze the data in this petition?
D. What were the results of GM-Arlington’s
sample analysis?
E. How did EPA evaluate the risk of
delisting this waste?
F. What did EPA conclude about GMArlington’s analysis?
G. What other factors did EPA consider in
its evaluation?
H. What is EPA’s evaluation of this
delisting petition?
IV. Next Steps
A. With what conditions must the
petitioner comply?
B. What happens if GM-Arlington violates
the terms and conditions?
V. Public Comments
A. How may I as an interested party submit
comments?
B. How may I review the docket or obtain
copies of the proposed exclusions?
VI. Regulatory Impact
VII. Regulatory Flexibility Act
VIII. Paperwork Reduction Act
IX. Unfunded Mandates Reform Act
X. Executive Order 13045
XI. Executive Order 13084
XII. National Technology Transfer and
Advancements Act
XIII. Executive Order 13132 Federalism
I. Overview Information
The information in this section is
organized as follows:
A. What Action Is EPA Proposing?
EPA is proposing:
(1) To grant GM-Arlington’s delisting
petition to have its WWTP sludge
excluded, or delisted, from the
definition of a hazardous waste; and be
subject to certain verification and
monitoring conditions.
(2) To use the Delisting Risk
Assessment Software (DRAS) to
evaluate the potential impact of the
petitioned waste on human health and
the environment. The Agency used this
model to predict the concentration of
hazardous constituents released from
the petitioned waste, once it is
disposed.
I. Overview Information
A. What action is EPA proposing?
B. Why is EPA proposing to approve this
delisting?
C. How will GM-Arlington manage the
waste, if it is delisted?
D. When would the proposed delisting
exclusion be finalized?
E. How would this action affect States?
II. Background
A. What is the history of the delisting
program?
B. Why Is EPA Proposing To Approve
This Delisting?
GM-Arlington’s petition requests an
exclusion from the F019 waste listing
pursuant to §§ 260.20 and 260.22. GMArlington does not believe that the
petitioned waste meets the criteria for
which EPA listed it. GM-Arlington also
believes no additional constituents or
factors could cause the waste to be
SUPPLEMENTARY INFORMATION:
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hazardous. EPA’s review of this petition
included consideration of the original
listing criteria and the additional factors
required by the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
See section 3001(f) of RCRA, 42 U.S.C.
6921(f), and 40 CFR 260.22 (d)(1)–(4)
(hereinafter all sectional references are
to 40 CFR unless otherwise indicated).
In making the initial delisting
determination, EPA evaluated the
petitioned waste against the listing
criteria and factors cited in
§§ 261.11(a)(2) and (a)(3). Based on this
review, EPA agrees with the petitioner
that the waste is non-hazardous with
respect to the original listing criteria. If
EPA had found, based on this review,
that the waste remained hazardous
based on the factors for which the waste
was originally listed, EPA would have
proposed to deny the petition. EPA
evaluated the waste with respect to
other factors or criteria to assess
whether there is a reasonable basis to
believe that such additional factors
could cause the waste to be hazardous.
EPA considered whether the waste is
acutely toxic, the concentration of the
constituents in the waste, their tendency
to migrate and to bioaccumulate, their
persistence in the environment once
released from the waste, plausible and
specific types of management of the
petitioned waste, the quantities of waste
generated, and waste variability. EPA
believes that the petitioned waste does
not meet the listing criteria and thus
should not be a listed waste. EPA’s
proposed decision to delist waste from
GM-Arlington is based on the
information submitted in support of this
rule, including descriptions of the
wastes and analytical data from the
Arlington, TX facility.
C. How Will GM-Arlington Manage the
Waste if It Is Delisted?
If the sludge is delisted, the WWTP
sludge from GM-Arlington will be
disposed of at the following RCRA
Subtitle D lined landfill with a leachate
collection system: Waste Management,
East Oak Landfill, 3201 Mostley Road,
Oklahoma City, OK 73141, EPA ID:
OKD149934705. Since GM-Arlington
intends to send its waste to Oklahoma
and the Oklahoma Department of
Environmental Quality (ODEQ) in the
State is authorized for the delisting
program, GM-Arlington must obtain
delisting authorization from ODEQ
before it can manage the waste as nonhazardous in Oklahoma.
D. When Would the Proposed Delisting
Exclusion Be Finalized?
RCRA section 3001(f) specifically
requires EPA to provide a notice and an
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opportunity for comment before
granting or denying a final exclusion.
Thus, EPA will not grant the exclusion
until it addresses all timely public
comments (including those at public
hearings, if any) on this proposal.
RCRA section 3010(b)(1) at 42 USCA
6930(b)(1), allows rules to become
effective in less than six months when
the regulated facility does not need the
six-month period to come into
compliance. That is the case here,
because this rule, if finalized, would
reduce the existing requirements for
persons generating hazardous wastes.
EPA believes that this exclusion
should be effective immediately upon
final publication because a six-month
deadline is not necessary to achieve the
purpose of section 3010(b), and a later
effective date would impose
unnecessary hardship and expense on
this petitioner. These reasons also
provide good cause for making this rule
effective immediately, upon final
publication, under the Administrative
Procedure Act, 5 U.S.C. 553(d).
E. How Would This Action Affect the
States?
Because EPA is issuing this exclusion
under the Federal RCRA delisting
program, only States subject to Federal
RCRA delisting provisions would be
affected. This would exclude States
which have received authorization from
EPA to make their own delisting
decisions.
EPA allows States to impose their
own non-RCRA regulatory requirements
that are more stringent than EPA’s,
under section 3009 of RCRA, 42 U.S.C.
6929. These more stringent
requirements may include a provision
that prohibits a federally issued
exclusion from taking effect in the State.
Because a dual system (that is, both
Federal (RCRA) and State (non-RCRA)
programs) may regulate a petitioner’s
waste, EPA urges petitioners to contact
the State regulatory authority to
establish the status of their wastes under
the State law.
EPA has also authorized some States
(for example, Louisiana, Oklahoma,
Georgia, Illinois) to administer a RCRA
delisting program in place of the Federal
program, that is, to make State delisting
decisions. Therefore, this exclusion
does not apply in those authorized
States unless that State makes the rule
part of its authorized program. If GMArlington transports the petitioned
waste to or manages the waste in any
State with delisting authorization, GMArlington must obtain delisting
authorization from that State before it
can manage the waste as non-hazardous
in the State.
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II. Background
A. What Is the History of the Delisting
Program?
EPA published an amended list of
hazardous wastes from non-specific and
specific sources on January 16, 1981, as
part of its final and interim final
regulations implementing section 3001
of RCRA. EPA has amended this list
several times and published it in
§§ 261.31 and 261.32.
EPA lists these wastes as hazardous
because: (1) The wastes typically and
frequently exhibit one or more of the
characteristics of hazardous wastes
identified in subpart C of part 261 (that
is, ignitability, corrosivity, reactivity,
and toxicity), (2) the wastes meet the
criteria for listing contained in
§ 261.11(a)(2) or (a)(3), or (3) the wastes
are mixed with or derived from the
treatment, storage or disposal of such
characteristic and listed wastes and
which therefore become hazardous
under § 261.3(a)(2)(iv) or (c)(2)(i),
known as the ‘‘mixture’’ or ‘‘derivedfrom’’ rules, respectively.
Individual waste streams may vary,
however, depending on raw materials,
industrial processes, and other factors.
Thus, while a waste described in these
regulations or resulting from the
operation of the mixture or derived-from
rules generally is hazardous, a specific
waste from an individual facility may
not be hazardous.
For this reason, §§ 260.20 and 260.22
provide an exclusion procedure, called
delisting, which allows persons to prove
that EPA should not regulate a specific
waste from a particular generating
facility as a hazardous waste.
B. What Is a Delisting Petition, and
What Does It Require of a Petitioner?
A delisting petition is a request from
a facility to EPA or an authorized State
to exclude wastes from the list of
hazardous wastes. The facility petitions
EPA because it does not consider the
wastes hazardous under RCRA
regulations.
In a delisting petition, the petitioner
must show that waste generated at a
particular facility does not meet any of
the criteria for which the waste was
listed. The criteria for which EPA lists
a waste are in part 261 and further
explained in the background documents
for the listed waste.
In addition, under § 260.22, a
petitioner must prove that the waste
does not exhibit any of the hazardous
waste characteristics (that is,
ignitability, reactivity, corrosivity, and
toxicity) and present sufficient
information for EPA to decide whether
factors other than those for which the
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waste was listed warrant retaining it as
a hazardous waste. (See part 261 and the
listing background documents for F019
waste.)
Generators remain obligated under
RCRA to confirm whether their waste
remains non-hazardous based on the
hazardous waste characteristics even if
EPA has delisted the waste.
C. What Factors Must EPA Consider in
Deciding Whether To Grant a Delisting
Petition?
Besides considering the criteria in
§ 260.22(a) and section 3001(f) of RCRA,
42 U.S.C. 6921(f), and in the background
documents for the listed wastes, EPA
must consider any factors (including
additional constituents) other than those
for which EPA listed the waste, if a
reasonable basis exists that these
additional factors could cause the waste
to be hazardous.
EPA must also consider as hazardous
waste mixtures containing listed
hazardous wastes and wastes derived
from treating, storing, or disposing of
listed hazardous waste. See
§ 261.3(a)(2)(iii and iv) and (c)(2)(i),
called the ‘‘mixture’’ and ‘‘derivedfrom’’ rules, respectively. These wastes
are also eligible for exclusion and
remain hazardous wastes until
excluded. See 66 FR 27266 (May 16,
2001).
III. EPA’s Evaluation of the Waste
Information and Data
A. What Waste Did GM-Arlington
Petition EPA To Felist?
On September 14, 2004, GMArlington petitioned EPA to exclude
from the lists of hazardous wastes
contained in § 261.31, WWTP sludge
(F019) generated from its facility located
in Arlington, Texas. The waste falls
under the classification of listed waste
pursuant to § 261.31. Specifically, in its
petition, GM-Arlington requested that
EPA grant a standard exclusion for
3,000 cubic yards per year of the WWTP
sludge.
B. Who Is GM-Arlington and What
Process Does It Use To Generate the
Petitioned Waste?
The GM-Arlington is a Truck
Assembly Plant. The Plant currently
coats vehicle bodies containing at least
one aluminum part with zinc
phosphate. The zinc phosphate system
at the Arlington Truck Assembly Plant
consists of a nine-stage system designed
to facilitate chemical cleaning of the
product to ensure tight, uniform, defectfree phosphate coatings. The zinc
phosphate coating is the foundation of
the entire paint system that provides
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paint adhesion and prevents under-film
corrosion when the paint film is broken.
Subsequent stages are intended to rinse
and recover any deposited paint prior to
oven baking. Overflows and rinse water
from the coating process are discharged
to the waste water treatment plant. In
the waste water treatment process, the
sludge listed as F019 from the
thickeners and clarifiers is dewatered in
one of several types of filter presses.
Acrylamide was a major compound of
concern for other nationwide GM
plant’s petitions, but the waste analysis
indicates no presence of acrylamide in
the waste of GM-Arlington. The
analytical data show that it is not a
characteristic waste and contains little
to no detectable concentrations of
organic constituents.
C. How Did GM-Arlington Sample and
Analyze the Data in This Petition?
To support its petition, GM-Arlington
submitted:
(1) Historical information on waste
generation and management practices;
(2) background information and
Memorandum of Understanding for the
Michigan Environmental Council of
States project;
(3) analytical results from six samples
for total concentrations of constituents
of concern (COCs);
(4) analytical results from six samples
for Toxicity Characteristic Leaching
Procedure (TCLP) extract values; and
(5) multiple pH testing for the
petitioned waste.
D. What Were the Results of GMArlington’s Analyses?
EPA believes that the descriptions of
the GM-Arlington analytical
characterization provide a reasonable
41361
basis to grant GM-Arlington’s petition
for an exclusion of the WWTP sludge.
EPA believes the data submitted in
support of the petition show the WWTP
sludge is non-hazardous. Analytical
data for the WWTP sludge samples were
used in the DRAS to develop delisting
levels. The data summaries for COCs are
presented in Table I. EPA has reviewed
the sampling procedures used by GMArlington and has determined that it
satisfies EPA criteria for collecting
representative samples of the variations
in constituent concentrations in the
WWTP sludge. In addition, the data
submitted in support of the petition
show that constituents in GMArlington’s waste are presently below
health-based levels used in the delisting
decision-making. EPA believes that GMArlington has successfully
demonstrated that the WWTP sludge is
non-hazardous.
TABLE 1.—ANALYTICAL RESULTS/MAXIMUM ALLOWABLE DELISTING CONCENTRATION
[Wastewater Treatment Sludge, General Motors Truck Assembly Plant, Arlington, Texas]
Constituents
Maximum total
(mg/kg)
Acetone ..................................................................................................................................
Acetonitrile .............................................................................................................................
Acrylonitrile ............................................................................................................................
Allyl Chloride ..........................................................................................................................
Benzene .................................................................................................................................
Carbon Tetrachloride .............................................................................................................
Chlorobenzene .......................................................................................................................
Chloroform .............................................................................................................................
1,1-Dichoroethane .................................................................................................................
1,2-Dichloroethane .................................................................................................................
1,1-Dichloroethylene ..............................................................................................................
cis-1,2-Dichoroethylene .........................................................................................................
trans-1,2-Dichloroethylene .....................................................................................................
Ethylbenzene .........................................................................................................................
Formaldehyde ........................................................................................................................
Methyl Chloride ......................................................................................................................
Methyl Ethyl Ketone ...............................................................................................................
Methyl Isobutyl Ketone ..........................................................................................................
Methyl Methacrylate ...............................................................................................................
Methylene Chloride ................................................................................................................
n-Butyl Alcohol .......................................................................................................................
Styrene ...................................................................................................................................
1,1,1,2-Tetrachloroethane ......................................................................................................
1,1,2,2-Tetrachloroethane ......................................................................................................
Tetrachloroethane ..................................................................................................................
Toluene ..................................................................................................................................
1,1,1-Trichloroethane .............................................................................................................
1,1,2-Trichloroethane .............................................................................................................
Trichloroethylene ...................................................................................................................
Vinyl Acetate ..........................................................................................................................
Vinyl Chloride .........................................................................................................................
Xylene(Total) ..........................................................................................................................
Bis(2-Ethylhexyl) Phthalate ....................................................................................................
Butyl Benzyl Phthalate ...........................................................................................................
o-Cresol .................................................................................................................................
m-Cresol ................................................................................................................................
p-Cresol .................................................................................................................................
1,4-Dichlorobenzene ..............................................................................................................
2,4-Dimethylphenol ................................................................................................................
2,4-Dinitrotoluene ...................................................................................................................
Di-n-Octyl Phthalate ...............................................................................................................
<7.5
<2.9
<0.59
<10
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<2.0
<2.5
<2.5
<2.5
<2.9
<2.5
<25
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<0.59
<1.8
<0.59
<1.8
2.1
<7.5
<1.5
<1.5
<1.5
<1.5
<3.0
<1.5
<1.5
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Maximum TCLP
(mg/L)
0.23
<0.10
<0.005
<0.01
<0.002
<0.002
<0.002
<0.01
<0.002
<0.002
<0.002
<0.005
<0.005
0.0038
<0.10
<0.005
<0.05
<0.10
<0.025
<0.05
0.41
<0.005
<0.002
<0.005
<0.002
0.0026
<0.002
<0.01
<0.002
<0.005
<0.002
<0.05
<0.005
<0.005
<0.001
<0.001
0.014
<0.001
<0.002
<0.001
<0.002
19JYP1
Maximum allowable TCLP
delisting level
(mg/L)
171
399
0.05
0.12
0.43
0.3
4.56
0.58
9
0.012
0.053
3.19
4.56
31.9
257
9.71
(200)
137
46
0.216
171
4.56
1.82
3.29
0.23
45.6
0.11
0.23
0.23
83
0.022
456
0.27
69.6
85.5
85.5
8.55
1.31
34.2
0.049
0.084
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TABLE 1.—ANALYTICAL RESULTS/MAXIMUM ALLOWABLE DELISTING CONCENTRATION—Continued
[Wastewater Treatment Sludge, General Motors Truck Assembly Plant, Arlington, Texas]
Maximum total
(mg/kg)
Constituents
Hexachlorobenzene ...............................................................................................................
Hexachlobutadiene ................................................................................................................
Hexachloroethane ..................................................................................................................
Naphthalene ...........................................................................................................................
Nitrobenzene ..........................................................................................................................
Pentachlorophenol .................................................................................................................
Pyridine ..................................................................................................................................
2,4,5-Trichlorophenol .............................................................................................................
2,4,6-Trichlorophenol .............................................................................................................
Antimony ................................................................................................................................
Arsenic ...................................................................................................................................
Barium ....................................................................................................................................
Beryllium ................................................................................................................................
Cadmium ................................................................................................................................
Chromium ..............................................................................................................................
Cobalt .....................................................................................................................................
Lead .......................................................................................................................................
Mercury ..................................................................................................................................
Nickel .....................................................................................................................................
Selenium ................................................................................................................................
Silver ......................................................................................................................................
Thallium .................................................................................................................................
Tin ..........................................................................................................................................
Vanadium ...............................................................................................................................
Zinc ........................................................................................................................................
<1.5
<1.5
<7.5
<1.5
<1.5
<1.5
<3.0
<1.5
<1.5
<20
<50
2,200
<1.0
1.5
76
3.4
69
<0.1
2,770
<20
46
<20
396
<5
9,530
Maximum TCLP
(mg/L)
<0.001
<0.005
<0.005
0.0022
<0.001
<0.002
<0.02
<0.001
<0.001
<0.05
<0.02
0.5
<0.027
<0.03
<0.15
<0.036
<0.18
<0.0006
22.5
<0.072
0.31
<0.02
15.6
<0.036
0.91
Maximum allowable TCLP
delisting level
(mg/L)
0.0016
0.045
0.74
3.11
0.86
0.043
1.71
68.6
(2)
0.49
0.022
(100)
0.998
0.36
(5)
18.02
(5)
0.19
67.8
(1)
(5)
0.21
540
50.6
673
Notes:
1. These levels represent the highest constituent concentration found in any one sample and do not necessarily represent the specific level
found in one sample.
2. The delisting levels are from the DRAS analyses except the chemicals with a parenthesis which are the TCLP regulatory levels.
E. How Did EPA Evaluate the Risk of
Delisting the Waste?
For this delisting determination, EPA
used such information gathered to
identify plausible exposure routes (i.e.,
groundwater, surface water, air) for
hazardous constituents present in the
petitioned waste. EPA determined that
disposal in a landfill is the most
reasonable, worst-case disposal scenario
for GM-Arlington’s petitioned waste.
EPA applied the Delisting Risk
Assessment Software (DRAS) described
in 65 FR 58015 (September 27, 2000)
and 65 FR 75637 (December 4, 2000), to
predict the maximum allowable
concentrations of hazardous
constituents that may be released from
the petitioned waste after disposal and
determined the potential impact of the
disposal of GM-Arlington’s petitioned
waste on human health and the
environment. A copy of this software
can be found on the World Wide Web
at https://www.epa.gov/earth1r6/6pd/
rcra_c/pd-o/dras.htm. In assessing
potential risks to groundwater, EPA
used the maximum waste volumes and
the maximum reported extract
concentrations as inputs to the DRAS
program to estimate the constituent
concentrations in the groundwater at a
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hypothetical receptor well down
gradient from the disposal site. Using
the risk level (carcinogenic risk of 10¥5
and non-cancer hazard index of 1.0), the
DRAS program can back-calculate the
acceptable receptor well concentrations
(referred to as compliance-point
concentrations) using standard risk
assessment algorithms and EPA healthbased numbers. Using the maximum
compliance-point concentrations and
EPA’s Composite Model for Leachate
Migration with Transformation Products
(EPACMTP) fate and transport modeling
factors, the DRAS further backcalculates the maximum permissible
waste constituent concentrations not
expected to exceed the compliancepoint concentrations in groundwater.
EPA believes that the EPACMTP fate
and transport model represents a
reasonable worst-case scenario for
possible groundwater contamination
resulting from disposal of the petitioned
waste in a landfill, and that a reasonable
worst-case scenario is appropriate when
evaluating whether a waste should be
relieved of the protective management
constraints of RCRA Subtitle C. The use
of some reasonable worst-case scenarios
resulted in conservative values for the
compliance-point concentrations and
ensures that the waste, once removed
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from hazardous waste regulation, will
not pose a significant threat to human
health or the environment.
The DRAS also uses the maximum
estimated waste volumes and the
maximum reported total concentrations
to predict possible risks associated with
releases of waste constituents through
surface pathways (e.g., volatilization
from the landfill). As in the above
groundwater analyses, the DRAS uses
the risk level, the health-based data and
standard risk assessment and exposure
algorithms to predict maximum
compliance-point concentrations of
waste constituents at a hypothetical
point of exposure. Using fate and
transport equations, the DRAS uses the
maximum compliance-point
concentrations and back-calculates the
maximum allowable waste constituent
concentrations (or ‘‘delisting levels’’).
In most cases, because a delisted
waste is no longer subject to hazardous
waste control, EPA is generally unable
to predict, and does not presently
control, how a petitioner will manage a
waste after delisting. Therefore, EPA
currently believes that it is
inappropriate to consider extensive sitespecific factors when applying the fate
and transport model. EPA does control
the type of unit where the waste is
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disposed. The waste must be disposed
in the type of unit the fate and transport
model evaluates.
The DRAS results which calculate the
maximum allowable concentration of
chemical constituents in the waste are
presented in Table I. Based on the
comparison of the DRAS and TCLP
Analyses results found in Table I, the
petitioned waste should be delisted
because no constituents of concern
tested are likely to be present or formed
as reaction products or by-products in
GM-Arlington waste.
F. What Did EPA Conclude About GMArlington’s Waste Analysis?
EPA concluded, after reviewing GMArlington’s processes that no other
hazardous constituents of concern, other
than those for which tested, are likely to
be present or formed as reaction
products or by-products in the waste. In
addition, on the basis of explanations
and analytical data provided by GMArlington, pursuant to § 260.22, EPA
concludes that the petitioned waste
does not exhibit any of the
characteristics of ignitability,
corrosivity, reactivity or toxicity. See
§§ 261.21, 261.22 and 261.23,
respectively.
G. What Other Factors Did EPA
Consider In Its Evaluation?
During the evaluation of GMArlington’s petition, EPA also
considered the potential impact of the
petitioned waste via non-groundwater
routes (i.e., air emission and surface
runoff). With regard to airborne
dispersion in particular, EPA believes
that exposure to airborne contaminants
from GM-Arlington’s petitioned waste is
unlikely. Therefore, no appreciable air
releases are likely from GM-Arlington’s
waste under any likely disposal
conditions. EPA evaluated the potential
hazards resulting from the unlikely
scenario of airborne exposure to
hazardous constituents released from
GM-Arlington’s waste in an open
landfill. The results of this worst-case
analysis indicated that there is no
substantial present or potential hazard
to human health and the environment
from airborne exposure to constituents
from GM-Arlington’s WWTP sludge.
H. What Is EPA’s Evaluation of This
Delisting Petition?
The descriptions of GM-Arlington’s
hazardous waste process and analytical
characterization provide a reasonable
basis for EPA to grant the exclusion. The
data submitted in support of the petition
show that constituents in the waste are
below the leachable concentrations (see
Table I). EPA believes that GM-
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Arlington’s waste, F019 from zinc
phosphate coating process will not
impose any threat to human health and
the environment.
Thus, EPA believes GM-Arlington
should be granted an exclusion for the
WWTP sludge. EPA believes the data
submitted in support of the petition
show GM-Arlington’s WWTP sludge is
non-hazardous. The data submitted in
support of the petition show that
constituents in GM-Arlington’s waste
are presently below the compliance
point concentrations used in the
delisting decision and would not pose a
substantial hazard to the environment.
EPA believes that GM-Arlington has
successfully demonstrated that the
WWTP sludge is non-hazardous.
EPA therefore, proposes to grant an
exclusion to GM-Arlington in Arlington,
Texas, for the WWTP sludge described
in its petition. EPA’s decision to
exclude this waste is based on
descriptions of the treatment activities
associated with the petitioned waste
and characterization of the WWTP
sludge.
If EPA finalizes the proposed rule,
EPA will no longer regulate the
petitioned waste under parts 262
through 268 and the permitting
standards of part 270.
IV. Next Steps
A. With What Conditions Must the
Petitioner Comply?
The petitioner, GM-Arlington, must
comply with the requirements in 40
CFR part 261, appendix IX, table 1. The
text below gives the rationale and
details of those requirements.
(1) Delisting Levels
This paragraph provides the levels of
constituents for which GM-Arlington
must test the WWTP sludge, below
which these wastes would be
considered non-hazardous.
EPA selected the set of inorganic and
organic constituents specified in
paragraph (1) of 40 CFR part 261,
appendix IX, table 1, (the exclusion
language) based on information in the
petition. EPA compiled the inorganic
and organic constituents list from the
composition of the waste, descriptions
of GM-Arlington’s treatment process,
previous test data provided for the
waste, and the respective health-based
levels used in delisting decisionmaking. These delisting levels
correspond to the allowable levels
measured in the TCLP concentrations.
(2) Waste Holding and Handling
The purpose of this paragraph is to
ensure that GM-Arlington manages and
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41363
disposes of any WWTP sludge that
contains hazardous levels of inorganic
and organic constituents according to
subtitle C of RCRA. Managing the
WWTP sludge as a hazardous waste
until initial verification testing is
performed will protect against improper
handling of hazardous material. If EPA
determines that the data collected under
this paragraph do not support the data
provided for in the petition, the
exclusion will not cover the petitioned
waste. The exclusion is effective upon
publication in the Federal Register but
the disposal as non-hazardous cannot
begin until the verification sampling is
completed.
(3) Verification Testing Requirements
GM-Arlington must complete a
rigorous verification testing program on
the WWTP sludge to assure that the
sludge does not exceed the maximum
levels specified in paragraph (1) of the
exclusion language. This verification
program operates on two levels. The
first part of the verification testing
program consists of testing the WWTP
sludge for specified indicator
parameters as per paragraph (1) of the
exclusion language.
If EPA determines that the data
collected under this paragraph do not
support the data provided for the
petition, the exclusion will not cover
the generated wastes. If the data from
the initial verification testing program
demonstrate that the leachate meets the
delisting levels, GM-Arlington may
request quarterly testing. EPA will
notify GM-Arlington, in writing, if and
when it may replace the testing
conditions in paragraph (3)(A) with the
testing conditions in (3)(B) of the
exclusion language.
The second part of the verification
testing program is the quarterly testing
of representative samples of WWTP
sludge for all constituents specified in
paragraph (1) of the exclusion language.
EPA believes that the concentrations of
the constituents of concern in the
WWTP sludge may vary over time.
Consequently this program will ensure
that the sludge is evaluated in terms of
variation in constituent concentrations
in the waste over time.
The proposed subsequent testing
would verify that GM-Arlington
operates a treatment facility where the
constituent concentrations of the WWTP
sludge do not exhibit unacceptable
temporal and spatial levels of toxic
constituents. EPA is proposing to
require GM-Arlington to analyze
representative samples of the WWTP
sludge quarterly during the first year of
waste generation. GM-Arlington would
begin quarterly sampling 60 days after
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the final exclusion as described in
paragraph (3)(B) of the exclusion
language.
EPA, per paragraph (3)(C) of the
exclusion language, is proposing to end
the subsequent testing conditions after
the first year, if GM-Arlington has
demonstrated that the waste
consistently meets the delisting levels.
To confirm that the characteristics of the
waste do not change significantly over
time, GM-Arlington must continue to
analyze a representative sample of the
waste on an annual basis. Annual
testing requires analyzing the full list of
components in paragraph (1) of the
exclusion language. If operating
conditions change as described in
paragraph (4) of the exclusion language,
GM-Arlington must reinstate all testing
in paragraph (1) of the exclusion
language.
GM-Arlington must prove through a
new demonstration that their waste
meets the conditions of the exclusion. If
the annual testing of the waste does not
meet the delisting requirements in
paragraph (1), GM-Arlington must notify
EPA according to the requirements in
paragraph (6) of the exclusion language.
The facility must provide sampling
results that support the rationale that
the delisting exclusion should not be
withdrawn.
(4) Changes in Operating Conditions
Paragraph (4) of the exclusion
language would allow GM-Arlington the
flexibility of modifying its processes (for
example, changes in equipment or
change in operating conditions) to
improve its treatment process. However,
GM-Arlington must prove the
effectiveness of the modified process
and request approval from EPA. GMArlington must manage wastes
generated during the new process
demonstration as hazardous waste until
it has obtained written approval and
paragraph (3) of the exclusion language
is satisfied.
(5) Data Submittals
To provide appropriate
documentation that GM-Arlington’s
WWTP sludge is meeting the delisting
levels, GM-Arlington must compile,
summarize, and keep delisting records
on-site for a minimum of five years. It
should keep all analytical data obtained
through paragraph (3) of the exclusion
language including quality control
information for five years. Paragraph (5)
of the exclusion language requires that
GM-Arlington furnish these data upon
request for inspection by any employee
or representative of EPA or the State of
Texas.
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If the proposed exclusion is made
final, it will apply only to 3,000 cubic
yards per year of wastewater treatment
sludge generated at the GM-Arlington
after successful verification testing.
EPA would require GM-Arlington to
file a new delisting petition under any
of the following circumstances:
(a) If it significantly alters the
manufacturing process treatment system
except as described in paragraph (4) of
the exclusion language;
(b) If it uses any new manufacturing
or production process(es), or
significantly changes from the current
process(es) described in their petition;
or
(c) If it makes any changes that could
affect the composition or type of waste
generated.
GM-Arlington must manage waste
volumes greater than 3,000 cubic yards
per year of WWTP sludge as hazardous
until EPA grants a new exclusion.
When this exclusion becomes final,
GM-Arlington’s management of the
wastes covered by this petition would
be relieved from subtitle C jurisdiction
and the WWTP sludge from GMArlington will be disposed in the RCRA
subtile D landfill of Waste Management
East Oak Landfill in Oklahoma City, OK,
with EPA ID: OKD149934705.
(6) Reopener
The purpose of paragraph (6) of the
exclusion language is to require GMArlington to disclose new or different
information related to a condition at the
facility or disposal of the waste, if it is
pertinent to the delisting. GM-Arlington
must also use this procedure if the
waste sample in the annual testing fails
to meet the levels found in paragraph
(1). This provision will allow EPA to
reevaluate the exclusion if a source
provides new or additional information
to EPA. EPA will evaluate the
information on which EPA based the
decision to see if it is still correct, or if
circumstances have changed so that the
information is no longer correct or
would cause EPA to deny the petition,
if presented.
This provision expressly requires GMArlington to report differing site
conditions or assumptions used in the
petition in addition to failure to meet
the annual testing conditions within 10
days of discovery. If EPA discovers such
information itself or from a third party,
it can act on it as appropriate. The
language being proposed is similar to
those provisions found in RCRA
regulations governing no-migration
petitions at § 268.6.
EPA believes that it has the authority
under RCRA and the Administrative
Procedures Act (APA), 5 U.S.C. 551
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Fmt 4702
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(1978) et seq., to reopen a delisting
decision. EPA may reopen a delisting
decision when it receives new
information that calls into question the
assumptions underlying the delisting.
EPA believes a clear statement of its
authority in delistings is merited in light
of EPA’s experience. See Reynolds
Metals Company at 62 FR 37694 and 62
FR 63458 where the delisted waste
leached at greater concentrations in the
environment than the concentrations
predicted when conducting the TCLP,
thus leading EPA to repeal the delisting.
If an immediate threat to human health
and the environment presents itself,
EPA will continue to address these
situations on a case by case basis. Where
necessary, EPA will make a good cause
finding to justify emergency rulemaking.
See APA § 553 (b).
(7) Notification Requirements
In order to adequately track wastes
that have been delisted, EPA is
requiring that GM-Arlington provide a
one-time notification to any state
regulatory agency through which or to
which the delisted waste is being
carried. GM-Arlington must provide this
notification 60 days before commencing
this activity.
B. What Happens if GM-Arlington
Violates the Terms and Conditions?
If GM-Arlington violates the terms
and conditions established in the
exclusion, EPA will start procedures to
withdraw the exclusion. Where there is
an immediate threat to human health
and the environment, EPA will evaluate
the need for enforcement activities on a
case-by-case basis. EPA expects GMArlington to conduct the appropriate
waste analysis and comply with the
criteria explained above in paragraph (1)
of the exclusion.
V. Public Comments
A. How Can I as an Interested Party
Submit Comments?
EPA is requesting public comments
on this proposed decision. Please send
three copies of your comments. Send
two copies to Ben Banipal, Section
Chief of the Corrective Action and
Waste Minimization Section (6PD–C),
Multimedia Planning and Permitting
Division, Environmental Protection
Agency (EPA), 1445 Ross Avenue,
Dallas, Texas 75202. Send a third copy
to Sam Barrett, Waste Section Manager,
Texas Commission on Environmental
Quality, 2309 Gravel Dr., Ft. Worth, TX
76118–6951. Identify your comments at
the top with this regulatory docket
number: ‘‘F–05–TXDEL–GM-Arlington.’’
You may submit your comments
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electronically to Youngmoo Kim at
kim.youngmoo@epa.gov.
You should submit requests for a
hearing to Ben Banipal, Section Chief of
the Corrective Action and Waste
Minimization Section (6PD–C),
Multimedia Planning and Permitting
Division, U. S. Environmental
Protection Agency, 1445 Ross Avenue,
Dallas, Texas 75202.
B. How May I Review the Docket or
Obtain Copies of the Proposed
Exclusion?
You may review the RCRA regulatory
docket for this proposed rule at the
Environmental Protection Agency
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202. It is available for viewing
in EPA Freedom of Information Act
Review Room from 9 a.m. to 4 p.m.,
Monday through Friday, excluding
Federal holidays. Call (214) 665–6444
for appointments. The public may copy
material from any regulatory docket at
no cost for the first 100 pages, and at
fifteen cents per page for additional
copies.
VI. Regulatory Impact
Under Executive Order 12866, EPA
must conduct an ‘‘assessment of the
potential costs and benefits’’ for all
‘‘significant’’ regulatory actions.
The proposal to grant an exclusion is
not significant, since its effect, if
promulgated, would be to reduce the
overall costs and economic impact of
EPA’s hazardous waste management
regulations. This reduction would be
achieved by excluding waste generated
at a specific facility from EPA’s lists of
hazardous wastes, thus enabling a
facility to manage its waste as
nonhazardous.
Because there is no additional impact
from this proposed rule, this proposal
would not be a significant regulation,
and no cost/benefit assessment is
required. The Office of Management and
Budget (OMB) has also exempted this
rule from the requirement for OMB
review under section (6) of Executive
Order 12866.
VII. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, whenever an agency
is required to publish a general notice
of rulemaking for any proposed or final
rule, it must prepare and make available
for public comment a regulatory
flexibility analysis which describes the
impact of the rule on small entities (that
is, small businesses, small
organizations, and small governmental
jurisdictions). No regulatory flexibility
analysis is required, however, if the
Administrator or delegated
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representative certifies that the rule will
not have any impact on a small entities.
This rule, if promulgated, will not
have an adverse economic impact on
small entities since its effect would be
to reduce the overall costs of EPA’s
hazardous waste regulations and would
be limited to one facility. Accordingly,
EPA hereby certifies that this proposed
regulation, if promulgated, will not have
a significant economic impact on a
substantial number of small entities.
This regulation, therefore, does not
require a regulatory flexibility analysis.
VIII. Paperwork Reduction Act
Information collection and recordkeeping requirements associated with
this proposed rule have been approved
by the Office of Management and
Budget (OMB) under the provisions of
the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.) and have been
assigned OMB Control Number 2050–
0053.
IX. Unfunded Mandates Reform Act
Under section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA),
2 U.S.C. 501 et seq., EPA generally must
prepare a written statement for rules
with Federal mandates that may result
in estimated costs to State, local, and
tribal governments in the aggregate, or
to the private sector, of $100 million or
more in any one year.
When such a statement is required for
EPA rules, under section 205 of the
UMRA EPA must identify and consider
alternatives, including the least costly,
most cost-effective, or least burdensome
alternative that achieves the objectives
of the rule. EPA must select that
alternative, unless the Administrator
explains in the final rule why it was not
selected or it is inconsistent with law.
Before EPA establishes regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
develop under section 203 of the UMRA
a small government agency plan. The
plan must provide for notifying
potentially affected small governments,
giving them meaningful and timely
input in the development of EPA’s
regulatory proposals with significant
Federal intergovernmental mandates,
and informing, educating, and advising
them on compliance with the regulatory
requirements.
The UMRA generally defines a
Federal mandate for regulatory purposes
as one that imposes an enforceable duty
upon State, local, or tribal governments
or the private sector.
EPA finds that this delisting decision
is deregulatory in nature and does not
impose any enforceable duty on any
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41365
State, local, or tribal governments or the
private sector. In addition, the proposed
delisting decision does not establish any
regulatory requirements for small
governments and so does not require a
small government agency plan under
UMRA section 203.
X. Executive Order 13045
The Executive Order 13045 is entitled
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997).
This order applies to any rule that EPA
determines: (1) Is economically
significant as defined under Executive
Order 12866, and (2) the environmental
health or safety risk addressed by the
rule has a disproportionate effect on
children. If the regulatory action meets
both criteria, EPA must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by EPA. This proposed rule
is not subject to Executive Order 13045
because this is not an economically
significant regulatory action as defined
by Executive Order 12866.
XI. Executive Order 13084
Because this action does not involve
any requirements that affect Indian
Tribes, the requirements of section 3(b)
of Executive Order 13084 do not apply.
Under Executive Order 13084, EPA
may not issue a regulation that is not
required by statute, that significantly
affects or uniquely affects the
communities of Indian tribal
governments, and that imposes
substantial direct compliance costs on
those communities, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by the tribal
governments.
If the mandate is unfunded, EPA must
provide to the Office Management and
Budget, in a separately identified
section of the preamble to the rule, a
description of the extent of EPA’s prior
consultation with representatives of
affected tribal governments, a summary
of the nature of their concerns, and a
statement supporting the need to issue
the regulation.
In addition, Executive Order 13084
requires EPA to develop an effective
process permitting elected and other
representatives of Indian tribal
governments to have ‘‘meaningful and
timely input’’ in the development of
regulatory policies on matters that
significantly or uniquely affect their
communities of Indian tribal
governments. This action does not
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involve or impose any requirements that
affect Indian Tribes. Accordingly, the
requirements of section 3(b) of
Executive Order 13084 do not apply to
this rule.
XII. National Technology Transfer and
Advancement Act
Under section 12(d) of the National
Technology Transfer and Advancement
Act, 15 U.S.C. 3701, et seq., EPA is
directed to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, business
practices, etc.) developed or adopted by
voluntary consensus standard bodies.
Where available and potentially
applicable voluntary consensus
standards are not used by EPA, the Act
requires that EPA to provide Congress,
through the OMB, an explanation of the
reasons for not using such standards.
This rule does not establish any new
technical standards and thus, EPA has
no need to consider the use of voluntary
consensus standards in developing this
proposed rule.
XIII. Executive Order 13132 Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
Under section 6 of Executive Order
13132, EPA may not issue a regulation
that has federalism implications, that
impose substantial direct compliance
costs, and that is not required by statute,
unless the Federal Government provides
the funds necessary to pay the direct
compliance costs incurred by State and
local governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law unless EPA consults with State and
local officials early in the process of
developing the proposed regulation.
This action does not have federalism
implication. It will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, because it
affects only one facility.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
Waste, Recycling, Reporting and recordkeeping requirements.
Authority: Sec. 3001(f) RCRA, 42 U.S.C.
6921(f).
Dated: July 11, 2005.
Bill Luthans,
Acting Director, Multimedia Planning and
Permitting Division, Region 6.
For the reasons set out in the
preamble, 40 CFR part 261 is proposed
to be amended as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
2. In Table 1 of appendix IX of part
261 add the following waste stream in
alphabetical order by facility to read as
follows:
Appendix IX to Part 261—Waste
Excluded Under § 260.20 and 260.22.
TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES
Facility/Address
Waste description
*
*
General Motors Corporation Arlington, Arlington, TX.
*
*
*
*
*
Wastewater Treatment Plant (WWTP) Sludge (EPA Hazardous Waste No. F019) generated at a maximum
annual rate of 3,000 cubic yards per calendar year after [insert publication date of the final rule] will be disposed in a Subtitle D landfill.
For the exclusion to be valid, GM-Arlington must implement a verification testing program that meets the following paragraphs:
(1) Delisting Levels: All leachable concentrations for those constituents must not exceed the following levels
(mg/l for TCLP).
(i) Inorganic Constituents: Antimony–0.49; Arsenic–0.022; Barium–100; Beryllium 0.998; Cadmium–0.136;
Chromium–5; Cobalt–18.02; Lead–5; Mercury–0.19; Nickel–67.8; Selenium–1; Silver–5; Thallium–0.21; Tin–
540; Vanadium–50.6; Zinc–673.
(ii) Organic Constituents: Acetone–171; Acetonitrile–399: Acrylonitrile–0.05; Allyl Chloride–0.12; Benzene–
0.43; Carbon Tetrachloride–0.3; Chlorobenzene–4.56; Chloroform–0.58; 1,1–Dichoroethane–9; 1,2–
Dichloroethane
0.012;
1,1–Dichloroethylene–0.053;
cis–1,2–Dichloroethylene–3.19;
trans–1,2–
Dichloroethylene–4.56; Ethylbenzene–31.9; Formaldehyde–257; Methyl Chloride–9.71; Methyl Ethyl Ketone–200; Methyl Isobutyl Ketone–137; Methyl Methacrylate–461; Methylene Chloride–0.216; N–Butyl Alcohol–171;
Styrene–4.56;
1,1,1,2–Tetrachloroethane–1.82;
1,1,2,2–Tetrachloroethane–3.29;
Tetrachloroethane–0.23; Toluene–45.6; 1,1,1–Trichloroethane–9.11; 1,1,2–Trichloroethane–0.23; Trichloroethylene–0.23; Vinyl Acetate 183; Vinyl Chloride–0.022; Xylene(Total)–456; Bis(2–Ethylhexyl) Phthalate–
0.27; Butyl Benzyl Phthalate–69.6; o–Cresol–85.5; m–Cresol–85.5; p–Cresol–8.55; 1,4–Dichlorobenzene–
1.31; 2,4–Methylphenol–34.2; 2,4–Dinitrotoluene –0.049; Di–n–Octyl Phthalate–0.084; Hexachlorobenzene–
0.0016; Hexachlobutadiene–0.045; Hexachloroethane–0.74; Naphthalene–3.11; Nitrobenzene–0.86;
Pentachlorophenol; 0.043; Pyridine–1.71; 2,4,5–Trichlorophenol–68.6; 2,4,6–Trichlorophenol–2.0.
(2) Waste Management:
(A) GM-Arlington must manage as hazardous all WWTP sludge it generates, until it has completed initial
verification testing described in paragraph (3)(A) and (B), as appropriate, and valid analyses show that
paragraph (1) is satisfied.
(B) Levels of constituents measured in the samples of the WWTP sludge that do not exceed the levels set
forth in paragraph (1) are non–hazardous. GM-Arlington can manage and dispose of the non-hazardous
WWTP sludge according to all applicable solid waste regulations.
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TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility/Address
Waste description
(C) If constituent levels in a sample exceed any of the Delisting Levels set in paragraph (1), GM-Arlington can
collect one additional sample and perform expedited analyses to verify if the constituent exceeds the
delisting level.
If this sample confirms the exceedance, GM-Arlington must, from that point forward, treat the waste as hazardous until it is demonstrated that the waste again meets the levels in paragraph (1).GM-Arlington must
manage and dispose of the waste generated under Subtitle C of RCRA from the time that it becomes
aware of any exceedance.
(D) Upon completion of the Verification Testing described in paragraph (3)(A) and (B), as appropriate, and the
transmittal of the results to EPA, and if the testing results meet the requirements of paragraph (1), GM-Arlington may proceed to manage its WWTP sludge as non-hazardous waste. If subsequent Verification Testing indicates an exceedance of the Delisting Levels in paragraph (1), GM-Arlington must manage the
WWTP sludge as a hazardous waste until two consecutive quarterly testing samples show levels below the
Delisting Levels in paragraph (I).
(3) Verification Testing Requirements: GM-Arlington must perform sample collection and analyses, including
quality control procedures, using appropriate methods. As applicable to the method-defined parameters of
concern, analyses requiring the use of SW–846 methods incorporated by reference in 40 CFR 260.11 must
be used without substitution. As applicable, the SW–846 methods might include Methods 0010, 0011, 0020,
0023A, 0030, 0031,0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320,
1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and
9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality
Objectives are to demonstrate that representative samples of GM-Arlington’s F019 sludge meet the delisting
levels in paragraph (1). If EPA judges the process to be effective under the operating conditions used during the initial verification testing, GM-Arlington may replace the testing required in paragraph (3)(A) with the
testing required in paragraph (3)(B). GM-Arlington must continue to test as specified in paragraph (3)(A)
until and unless notified by EPA in writing that testing in paragraph (3)(A) may be replaced by paragraph
(3)(B).
(A) Initial Verification Testing: After EPA grants the final exclusion, GM-Arlington must do the following:
(i) Within 60 days of this exclusions becoming final, collect eight samples, before disposal, of the WWTP
sludge.
(ii) The samples are to be analyzed and compared against the Delisting Levels in paragraph (1)
(iii) Within sixty (60) days after this exclusion becomes final, GM-Arlington will report initial verification analytical test data for the WWTP sludge, including analytical quality control information for the first thirty (30)
days of operation after this exclusion becomes final. If levels of constituents measured in the samples of the
WWTP sludge that do not exceed the levels set forth in paragraph (1) are also non-hazardous in two consecutive quarters after the first thirty (30) days of operation after this exclusion becomes effective, GM-Arlington can manage and dispose of the WWTP sludge according to all applicable solid waste regulations.
(B) Subsequent Verification Testing: Following written notification by EPA, GM-Arlington may substitute the
testing conditions in paragraph (3)(B) for paragraph (3)(A). GM-Arlington must continue to monitor operating
conditions, and analyze two representative samples of the wastewater treatment sludge for each quarter of
operation during the first year of waste generation. The samples must represent the waste generated during
the quarter. After the first year of analytical sampling verification sampling can be performed on a single annual sample of the wastewater treatment sludge. The results are to be compared to the Delisting Levels in
paragraph (1).
(C) Termination of Testing:
(i) After the first year of quarterly testing, if the Delisting Levels in paragraph (1) are met, GM-Arlington may
then request that EPA not require quarterly testing.
(ii) Following cancellation of the quarterly testing, GM-Arlington must continue to test a representative sample
for all constituents listed in paragraph (1) annually.
(4) Changes in Operating Conditions: If GM-Arlington significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could significantly affect the composition
or type of waste generated as established under paragraph (1) (by illustration, but not limitation, changes in
equipment or operating conditions of the treatment process), it must notify EPA in writing; it may no longer
handle the wastes generated from the new process as non-hazardous until the wastes meet the Delisting
Levels set in paragraph (1) and it has received written approval to do so from EPA.
(5) Data Submittals: GM-Arlington must submit the information described below. If GM-Arlington fails to submit
the required data within the specified time or maintain the required records on-site for the specified time,
EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in paragraph
(6). GM-Arlington must:
(A) Submit the data obtained through paragraph (3) to the Section Chief, Corrective Action and Waste Minimization Section, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, Mail Code (6PD–C) within
the time specified.
(B) Compile records of operating conditions and analytical data from paragraph (3), summarized, and maintained on-site for a minimum of five years.
(C) Furnish these records and data when EPA or the state of Texas requests them for inspection.
(D) Send along with all data a signed copy of the following certification statement, to attest to the truth and
accuracy of the data submitted:
Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this
document is true, accurate and complete.
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Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Proposed Rules
TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility/Address
Waste description
As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and
accuracy, I certify as the company official having supervisory responsibility for the persons who, acting
under my direct instructions, made the verification that this information is true, accurate and complete.
If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and
upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void
as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions
taken in contravention of the company’s RCRA and CERCLA obligations premised upon the company’s reliance on the void exclusion.
(6) Re-opener:
(A) If, anytime after disposal of the delisted waste, GM-Arlington possesses or is otherwise made aware of
any environmental data (including but not limited to leachate data or groundwater monitoring data) or any
other data relevant to the delisted waste indicating that any constituent identified for the delisting verification
testing is at level higher than the delisting level allowed by the Division Director in granting the petition, then
the facility must report the data, in writing, to the Division Director within 10 days of first possessing or
being made aware of that data.
(B) If the annual testing of the waste does not meet the delisting requirements in paragraph (1), GM-Arlington
must report the data, in writing, to the Division Director within 10 days of first possessing or being made
aware of that data.
(C) If GM-Arlington fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any other
information is received from any source, the Division Director will make a preliminary determination as to
whether the reported information requires EPA action to protect human health and/or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to
protect human health and the environment.
(D) If the Division Director determines that the reported information does require action, the Division Director
will notify the facility in writing of the actions the Division Director believes are necessary to protect human
health and the environment. The notice shall include a statement of the proposed action and a statement
providing the facility with an opportunity to present information as to why the proposed action by EPA is not
necessary. The facility shall have 10 days from the date of the Division Director’s notice to present such information.
(E) Following the receipt of information from the facility described in paragraph(6)(D) or if no information is
presented under paragraph(6)(D), the Division Director will issue a final written determination describing
EPA’s actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director’s determination shall become effective immediately, unless the Division Director provides otherwise.
(7) Notification Requirements: GM-Arlington must do the following before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of
the decision.
(A) Provide a one-time written notification to any state regulatory agency to which or through which it will
transport the delisted waste described above for disposal, 60 days before beginning such activities.
(B) Submit another one-time written notification, if it ships the delisted waste into a different disposal facility.
(C) Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision.
*
*
*
*
*
*
[FR Doc. 05–14189 Filed 7–18–05; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Proposed Rules]
[Pages 41358-41368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14189]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[SW-FRL-7940-2]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Proposed Exclusion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule and request for comment.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to grant a petition submitted by General
Motors Corporation-Arlington Truck Assembly Plant (GM-Arlington) to
exclude (or delist) a wastewater treatment plant (WWTP) sludge
generated by GM-Arlington in Arlington, TX. from the lists of hazardous
wastes.
EPA used the Delisting Risk Assessment Software (DRAS) in the
evaluation of the impact of the petitioned waste on human health and
the environment.
[[Page 41359]]
EPA bases its proposed decision to grant the petition on an
evaluation of waste-specific information provided by the petitioner.
This proposed decision, if finalized, would exclude the petitioned
waste from the requirements of hazardous waste regulations under the
Resource Conservation and Recovery Act (RCRA).
If finalized, EPA would conclude that GM-Arlington's petitioned
waste is non-hazardous with respect to the original listing criteria.
EPA would also conclude that GM-Arlington's process minimizes short-
term and long-term threats from the petitioned waste to human health
and the environment.
DATES: EPA will accept comments until September 2, 2005. EPA will stamp
comments received after the close of the comment period as late. These
late comments may not be considered in formulating a final decision.
Your requests for a hearing must reach EPA by August 3, 2005. The
request must contain the information prescribed in 40 CFR 260.20(d).
ADDRESSES: Please send three copies of your comments. You should send
two copies to Ben Banipal, Chief of the Corrective Action and Waste
Minimization Section, Multimedia Planning and Permitting Division (6PD-
C), Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas
75202. You should send a third copy to Sam Barrett, Waste Section
Manager, Texas Commission on Environmental Quality, 2309 Gravel Dr.,
Ft. Worth, TX 76118-6951. Identify your comments at the top with this
regulatory docket number: ``F-05-TXDEL-GM-Arlington.''
You should address requests for a hearing to Ben Banipal, Chief of
the Corrective Action and Waste Minimization Section, Multimedia
Planning and Permitting Division (6PD-C), Environmental Protection
Agency, 1445 Ross Avenue, Dallas, Texas 75202.
FOR FURTHER INFORMATION CONTACT: Comments may also be submitted
electronically to Youngmoo Kim at kim.youngmoo@epa.gov.
SUPPLEMENTARY INFORMATION:
The information in this section is organized as follows:
I. Overview Information
A. What action is EPA proposing?
B. Why is EPA proposing to approve this delisting?
C. How will GM-Arlington manage the waste, if it is delisted?
D. When would the proposed delisting exclusion be finalized?
E. How would this action affect States?
II. Background
A. What is the history of the delisting program?
B. What is a delisting petition, and what does it require of a
petitioner?
C. What factors must EPA consider in deciding whether to grant a
delisting petition?
III. EPA's Evaluation of the Waste Information and Data
A. What wastes did GM-Arlington petition EPA to delist?
B. Who is GM-Arlington and what process does it use to generate
the petitioned waste?
C. How did GM-Arlington sample and analyze the data in this
petition?
D. What were the results of GM-Arlington's sample analysis?
E. How did EPA evaluate the risk of delisting this waste?
F. What did EPA conclude about GM-Arlington's analysis?
G. What other factors did EPA consider in its evaluation?
H. What is EPA's evaluation of this delisting petition?
IV. Next Steps
A. With what conditions must the petitioner comply?
B. What happens if GM-Arlington violates the terms and
conditions?
V. Public Comments
A. How may I as an interested party submit comments?
B. How may I review the docket or obtain copies of the proposed
exclusions?
VI. Regulatory Impact
VII. Regulatory Flexibility Act
VIII. Paperwork Reduction Act
IX. Unfunded Mandates Reform Act
X. Executive Order 13045
XI. Executive Order 13084
XII. National Technology Transfer and Advancements Act
XIII. Executive Order 13132 Federalism
I. Overview Information
A. What Action Is EPA Proposing?
EPA is proposing:
(1) To grant GM-Arlington's delisting petition to have its WWTP
sludge excluded, or delisted, from the definition of a hazardous waste;
and be subject to certain verification and monitoring conditions.
(2) To use the Delisting Risk Assessment Software (DRAS) to
evaluate the potential impact of the petitioned waste on human health
and the environment. The Agency used this model to predict the
concentration of hazardous constituents released from the petitioned
waste, once it is disposed.
B. Why Is EPA Proposing To Approve This Delisting?
GM-Arlington's petition requests an exclusion from the F019 waste
listing pursuant to Sec. Sec. 260.20 and 260.22. GM-Arlington does not
believe that the petitioned waste meets the criteria for which EPA
listed it. GM-Arlington also believes no additional constituents or
factors could cause the waste to be hazardous. EPA's review of this
petition included consideration of the original listing criteria and
the additional factors required by the Hazardous and Solid Waste
Amendments of 1984 (HSWA). See section 3001(f) of RCRA, 42 U.S.C.
6921(f), and 40 CFR 260.22 (d)(1)-(4) (hereinafter all sectional
references are to 40 CFR unless otherwise indicated). In making the
initial delisting determination, EPA evaluated the petitioned waste
against the listing criteria and factors cited in Sec. Sec.
261.11(a)(2) and (a)(3). Based on this review, EPA agrees with the
petitioner that the waste is non-hazardous with respect to the original
listing criteria. If EPA had found, based on this review, that the
waste remained hazardous based on the factors for which the waste was
originally listed, EPA would have proposed to deny the petition. EPA
evaluated the waste with respect to other factors or criteria to assess
whether there is a reasonable basis to believe that such additional
factors could cause the waste to be hazardous. EPA considered whether
the waste is acutely toxic, the concentration of the constituents in
the waste, their tendency to migrate and to bioaccumulate, their
persistence in the environment once released from the waste, plausible
and specific types of management of the petitioned waste, the
quantities of waste generated, and waste variability. EPA believes that
the petitioned waste does not meet the listing criteria and thus should
not be a listed waste. EPA's proposed decision to delist waste from GM-
Arlington is based on the information submitted in support of this
rule, including descriptions of the wastes and analytical data from the
Arlington, TX facility.
C. How Will GM-Arlington Manage the Waste if It Is Delisted?
If the sludge is delisted, the WWTP sludge from GM-Arlington will
be disposed of at the following RCRA Subtitle D lined landfill with a
leachate collection system: Waste Management, East Oak Landfill, 3201
Mostley Road, Oklahoma City, OK 73141, EPA ID: OKD149934705. Since GM-
Arlington intends to send its waste to Oklahoma and the Oklahoma
Department of Environmental Quality (ODEQ) in the State is authorized
for the delisting program, GM-Arlington must obtain delisting
authorization from ODEQ before it can manage the waste as non-hazardous
in Oklahoma.
D. When Would the Proposed Delisting Exclusion Be Finalized?
RCRA section 3001(f) specifically requires EPA to provide a notice
and an
[[Page 41360]]
opportunity for comment before granting or denying a final exclusion.
Thus, EPA will not grant the exclusion until it addresses all timely
public comments (including those at public hearings, if any) on this
proposal.
RCRA section 3010(b)(1) at 42 USCA 6930(b)(1), allows rules to
become effective in less than six months when the regulated facility
does not need the six-month period to come into compliance. That is the
case here, because this rule, if finalized, would reduce the existing
requirements for persons generating hazardous wastes.
EPA believes that this exclusion should be effective immediately
upon final publication because a six-month deadline is not necessary to
achieve the purpose of section 3010(b), and a later effective date
would impose unnecessary hardship and expense on this petitioner. These
reasons also provide good cause for making this rule effective
immediately, upon final publication, under the Administrative Procedure
Act, 5 U.S.C. 553(d).
E. How Would This Action Affect the States?
Because EPA is issuing this exclusion under the Federal RCRA
delisting program, only States subject to Federal RCRA delisting
provisions would be affected. This would exclude States which have
received authorization from EPA to make their own delisting decisions.
EPA allows States to impose their own non-RCRA regulatory
requirements that are more stringent than EPA's, under section 3009 of
RCRA, 42 U.S.C. 6929. These more stringent requirements may include a
provision that prohibits a federally issued exclusion from taking
effect in the State. Because a dual system (that is, both Federal
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's
waste, EPA urges petitioners to contact the State regulatory authority
to establish the status of their wastes under the State law.
EPA has also authorized some States (for example, Louisiana,
Oklahoma, Georgia, Illinois) to administer a RCRA delisting program in
place of the Federal program, that is, to make State delisting
decisions. Therefore, this exclusion does not apply in those authorized
States unless that State makes the rule part of its authorized program.
If GM-Arlington transports the petitioned waste to or manages the waste
in any State with delisting authorization, GM-Arlington must obtain
delisting authorization from that State before it can manage the waste
as non-hazardous in the State.
II. Background
A. What Is the History of the Delisting Program?
EPA published an amended list of hazardous wastes from non-specific
and specific sources on January 16, 1981, as part of its final and
interim final regulations implementing section 3001 of RCRA. EPA has
amended this list several times and published it in Sec. Sec. 261.31
and 261.32.
EPA lists these wastes as hazardous because: (1) The wastes
typically and frequently exhibit one or more of the characteristics of
hazardous wastes identified in subpart C of part 261 (that is,
ignitability, corrosivity, reactivity, and toxicity), (2) the wastes
meet the criteria for listing contained in Sec. 261.11(a)(2) or
(a)(3), or (3) the wastes are mixed with or derived from the treatment,
storage or disposal of such characteristic and listed wastes and which
therefore become hazardous under Sec. 261.3(a)(2)(iv) or (c)(2)(i),
known as the ``mixture'' or ``derived-from'' rules, respectively.
Individual waste streams may vary, however, depending on raw
materials, industrial processes, and other factors. Thus, while a waste
described in these regulations or resulting from the operation of the
mixture or derived-from rules generally is hazardous, a specific waste
from an individual facility may not be hazardous.
For this reason, Sec. Sec. 260.20 and 260.22 provide an exclusion
procedure, called delisting, which allows persons to prove that EPA
should not regulate a specific waste from a particular generating
facility as a hazardous waste.
B. What Is a Delisting Petition, and What Does It Require of a
Petitioner?
A delisting petition is a request from a facility to EPA or an
authorized State to exclude wastes from the list of hazardous wastes.
The facility petitions EPA because it does not consider the wastes
hazardous under RCRA regulations.
In a delisting petition, the petitioner must show that waste
generated at a particular facility does not meet any of the criteria
for which the waste was listed. The criteria for which EPA lists a
waste are in part 261 and further explained in the background documents
for the listed waste.
In addition, under Sec. 260.22, a petitioner must prove that the
waste does not exhibit any of the hazardous waste characteristics (that
is, ignitability, reactivity, corrosivity, and toxicity) and present
sufficient information for EPA to decide whether factors other than
those for which the waste was listed warrant retaining it as a
hazardous waste. (See part 261 and the listing background documents for
F019 waste.)
Generators remain obligated under RCRA to confirm whether their
waste remains non-hazardous based on the hazardous waste
characteristics even if EPA has delisted the waste.
C. What Factors Must EPA Consider in Deciding Whether To Grant a
Delisting Petition?
Besides considering the criteria in Sec. 260.22(a) and section
3001(f) of RCRA, 42 U.S.C. 6921(f), and in the background documents for
the listed wastes, EPA must consider any factors (including additional
constituents) other than those for which EPA listed the waste, if a
reasonable basis exists that these additional factors could cause the
waste to be hazardous.
EPA must also consider as hazardous waste mixtures containing
listed hazardous wastes and wastes derived from treating, storing, or
disposing of listed hazardous waste. See Sec. 261.3(a)(2)(iii and iv)
and (c)(2)(i), called the ``mixture'' and ``derived-from'' rules,
respectively. These wastes are also eligible for exclusion and remain
hazardous wastes until excluded. See 66 FR 27266 (May 16, 2001).
III. EPA's Evaluation of the Waste Information and Data
A. What Waste Did GM-Arlington Petition EPA To Felist?
On September 14, 2004, GM-Arlington petitioned EPA to exclude from
the lists of hazardous wastes contained in Sec. 261.31, WWTP sludge
(F019) generated from its facility located in Arlington, Texas. The
waste falls under the classification of listed waste pursuant to Sec.
261.31. Specifically, in its petition, GM-Arlington requested that EPA
grant a standard exclusion for 3,000 cubic yards per year of the WWTP
sludge.
B. Who Is GM-Arlington and What Process Does It Use To Generate the
Petitioned Waste?
The GM-Arlington is a Truck Assembly Plant. The Plant currently
coats vehicle bodies containing at least one aluminum part with zinc
phosphate. The zinc phosphate system at the Arlington Truck Assembly
Plant consists of a nine-stage system designed to facilitate chemical
cleaning of the product to ensure tight, uniform, defect-free phosphate
coatings. The zinc phosphate coating is the foundation of the entire
paint system that provides
[[Page 41361]]
paint adhesion and prevents under-film corrosion when the paint film is
broken. Subsequent stages are intended to rinse and recover any
deposited paint prior to oven baking. Overflows and rinse water from
the coating process are discharged to the waste water treatment plant.
In the waste water treatment process, the sludge listed as F019 from
the thickeners and clarifiers is dewatered in one of several types of
filter presses.
Acrylamide was a major compound of concern for other nationwide GM
plant's petitions, but the waste analysis indicates no presence of
acrylamide in the waste of GM-Arlington. The analytical data show that
it is not a characteristic waste and contains little to no detectable
concentrations of organic constituents.
C. How Did GM-Arlington Sample and Analyze the Data in This Petition?
To support its petition, GM-Arlington submitted:
(1) Historical information on waste generation and management
practices;
(2) background information and Memorandum of Understanding for the
Michigan Environmental Council of States project;
(3) analytical results from six samples for total concentrations of
constituents of concern (COCs);
(4) analytical results from six samples for Toxicity Characteristic
Leaching Procedure (TCLP) extract values; and
(5) multiple pH testing for the petitioned waste.
D. What Were the Results of GM-Arlington's Analyses?
EPA believes that the descriptions of the GM-Arlington analytical
characterization provide a reasonable basis to grant GM-Arlington's
petition for an exclusion of the WWTP sludge. EPA believes the data
submitted in support of the petition show the WWTP sludge is non-
hazardous. Analytical data for the WWTP sludge samples were used in the
DRAS to develop delisting levels. The data summaries for COCs are
presented in Table I. EPA has reviewed the sampling procedures used by
GM-Arlington and has determined that it satisfies EPA criteria for
collecting representative samples of the variations in constituent
concentrations in the WWTP sludge. In addition, the data submitted in
support of the petition show that constituents in GM-Arlington's waste
are presently below health-based levels used in the delisting decision-
making. EPA believes that GM-Arlington has successfully demonstrated
that the WWTP sludge is non-hazardous.
Table 1.--Analytical Results/Maximum Allowable Delisting Concentration
[Wastewater Treatment Sludge, General Motors Truck Assembly Plant, Arlington, Texas]
----------------------------------------------------------------------------------------------------------------
Maximum
Maximum total Maximum TCLP allowable TCLP
Constituents (mg/kg) (mg/L) delisting
level (mg/L)
----------------------------------------------------------------------------------------------------------------
Acetone......................................................... <7.5 0.23 171
Acetonitrile.................................................... <2.9 <0.10 399
Acrylonitrile................................................... <0.59 <0.005 0.05
Allyl Chloride.................................................. <10 <0.01 0.12
Benzene......................................................... <0.59 <0.002 0.43
Carbon Tetrachloride............................................ <0.59 <0.002 0.3
Chlorobenzene................................................... <0.59 <0.002 4.56
Chloroform...................................................... <0.59 <0.01 0.58
1,1-Dichoroethane............................................... <0.59 <0.002 9
1,2-Dichloroethane.............................................. <0.59 <0.002 0.012
1,1-Dichloroethylene............................................ <0.59 <0.002 0.053
cis-1,2-Dichoroethylene......................................... <0.59 <0.005 3.19
trans-1,2-Dichloroethylene...................................... <0.59 <0.005 4.56
Ethylbenzene.................................................... <0.59 0.0038 31.9
Formaldehyde.................................................... <2.0 <0.10 257
Methyl Chloride................................................. <2.5 <0.005 9.71
Methyl Ethyl Ketone............................................. <2.5 <0.05 (200)
Methyl Isobutyl Ketone.......................................... <2.5 <0.10 137
Methyl Methacrylate............................................. <2.9 <0.025 46
Methylene Chloride.............................................. <2.5 <0.05 0.216
n-Butyl Alcohol................................................. <25 0.41 171
Styrene......................................................... <0.59 <0.005 4.56
1,1,1,2-Tetrachloroethane....................................... <0.59 <0.002 1.82
1,1,2,2-Tetrachloroethane....................................... <0.59 <0.005 3.29
Tetrachloroethane............................................... <0.59 <0.002 0.23
Toluene......................................................... <0.59 0.0026 45.6
1,1,1-Trichloroethane........................................... <0.59 <0.002 0.11
1,1,2-Trichloroethane........................................... <0.59 <0.01 0.23
Trichloroethylene............................................... <0.59 <0.002 0.23
Vinyl Acetate................................................... <1.8 <0.005 83
Vinyl Chloride.................................................. <0.59 <0.002 0.022
Xylene(Total)................................................... <1.8 <0.05 456
Bis(2-Ethylhexyl) Phthalate..................................... 2.1 <0.005 0.27
Butyl Benzyl Phthalate.......................................... <7.5 <0.005 69.6
o-Cresol........................................................ <1.5 <0.001 85.5
m-Cresol........................................................ <1.5 <0.001 85.5
p-Cresol........................................................ <1.5 0.014 8.55
1,4-Dichlorobenzene............................................. <1.5 <0.001 1.31
2,4-Dimethylphenol.............................................. <3.0 <0.002 34.2
2,4-Dinitrotoluene.............................................. <1.5 <0.001 0.049
Di-n-Octyl Phthalate............................................ <1.5 <0.002 0.084
[[Page 41362]]
Hexachlorobenzene............................................... <1.5 <0.001 0.0016
Hexachlobutadiene............................................... <1.5 <0.005 0.045
Hexachloroethane................................................ <7.5 <0.005 0.74
Naphthalene..................................................... <1.5 0.0022 3.11
Nitrobenzene.................................................... <1.5 <0.001 0.86
Pentachlorophenol............................................... <1.5 <0.002 0.043
Pyridine........................................................ <3.0 <0.02 1.71
2,4,5-Trichlorophenol........................................... <1.5 <0.001 68.6
2,4,6-Trichlorophenol........................................... <1.5 <0.001 (2)
Antimony........................................................ <20 <0.05 0.49
Arsenic......................................................... <50 <0.02 0.022
Barium.......................................................... 2,200 0.5 (100)
Beryllium....................................................... <1.0 <0.027 0.998
Cadmium......................................................... 1.5 <0.03 0.36
Chromium........................................................ 76 <0.15 (5)
Cobalt.......................................................... 3.4 <0.036 18.02
Lead............................................................ 69 <0.18 (5)
Mercury......................................................... <0.1 <0.0006 0.19
Nickel.......................................................... 2,770 22.5 67.8
Selenium........................................................ <20 <0.072 (1)
Silver.......................................................... 46 0.31 (5)
Thallium........................................................ <20 <0.02 0.21
Tin............................................................. 396 15.6 540
Vanadium........................................................ <5 <0.036 50.6
Zinc............................................................ 9,530 0.91 673
----------------------------------------------------------------------------------------------------------------
Notes:
1. These levels represent the highest constituent concentration found in any one sample and do not necessarily
represent the specific level found in one sample.
2. The delisting levels are from the DRAS analyses except the chemicals with a parenthesis which are the TCLP
regulatory levels.
E. How Did EPA Evaluate the Risk of Delisting the Waste?
For this delisting determination, EPA used such information
gathered to identify plausible exposure routes (i.e., groundwater,
surface water, air) for hazardous constituents present in the
petitioned waste. EPA determined that disposal in a landfill is the
most reasonable, worst-case disposal scenario for GM-Arlington's
petitioned waste. EPA applied the Delisting Risk Assessment Software
(DRAS) described in 65 FR 58015 (September 27, 2000) and 65 FR 75637
(December 4, 2000), to predict the maximum allowable concentrations of
hazardous constituents that may be released from the petitioned waste
after disposal and determined the potential impact of the disposal of
GM-Arlington's petitioned waste on human health and the environment. A
copy of this software can be found on the World Wide Web at https://
www.epa.gov/earth1r6/6pd/rcra_c/pd-o/dras.htm. In assessing potential
risks to groundwater, EPA used the maximum waste volumes and the
maximum reported extract concentrations as inputs to the DRAS program
to estimate the constituent concentrations in the groundwater at a
hypothetical receptor well down gradient from the disposal site. Using
the risk level (carcinogenic risk of 10-\5\ and non-cancer
hazard index of 1.0), the DRAS program can back-calculate the
acceptable receptor well concentrations (referred to as compliance-
point concentrations) using standard risk assessment algorithms and EPA
health-based numbers. Using the maximum compliance-point concentrations
and EPA's Composite Model for Leachate Migration with Transformation
Products (EPACMTP) fate and transport modeling factors, the DRAS
further back-calculates the maximum permissible waste constituent
concentrations not expected to exceed the compliance-point
concentrations in groundwater.
EPA believes that the EPACMTP fate and transport model represents a
reasonable worst-case scenario for possible groundwater contamination
resulting from disposal of the petitioned waste in a landfill, and that
a reasonable worst-case scenario is appropriate when evaluating whether
a waste should be relieved of the protective management constraints of
RCRA Subtitle C. The use of some reasonable worst-case scenarios
resulted in conservative values for the compliance-point concentrations
and ensures that the waste, once removed from hazardous waste
regulation, will not pose a significant threat to human health or the
environment.
The DRAS also uses the maximum estimated waste volumes and the
maximum reported total concentrations to predict possible risks
associated with releases of waste constituents through surface pathways
(e.g., volatilization from the landfill). As in the above groundwater
analyses, the DRAS uses the risk level, the health-based data and
standard risk assessment and exposure algorithms to predict maximum
compliance-point concentrations of waste constituents at a hypothetical
point of exposure. Using fate and transport equations, the DRAS uses
the maximum compliance-point concentrations and back-calculates the
maximum allowable waste constituent concentrations (or ``delisting
levels'').
In most cases, because a delisted waste is no longer subject to
hazardous waste control, EPA is generally unable to predict, and does
not presently control, how a petitioner will manage a waste after
delisting. Therefore, EPA currently believes that it is inappropriate
to consider extensive site-specific factors when applying the fate and
transport model. EPA does control the type of unit where the waste is
[[Page 41363]]
disposed. The waste must be disposed in the type of unit the fate and
transport model evaluates.
The DRAS results which calculate the maximum allowable
concentration of chemical constituents in the waste are presented in
Table I. Based on the comparison of the DRAS and TCLP Analyses results
found in Table I, the petitioned waste should be delisted because no
constituents of concern tested are likely to be present or formed as
reaction products or by-products in GM-Arlington waste.
F. What Did EPA Conclude About GM-Arlington's Waste Analysis?
EPA concluded, after reviewing GM-Arlington's processes that no
other hazardous constituents of concern, other than those for which
tested, are likely to be present or formed as reaction products or by-
products in the waste. In addition, on the basis of explanations and
analytical data provided by GM-Arlington, pursuant to Sec. 260.22, EPA
concludes that the petitioned waste does not exhibit any of the
characteristics of ignitability, corrosivity, reactivity or toxicity.
See Sec. Sec. 261.21, 261.22 and 261.23, respectively.
G. What Other Factors Did EPA Consider In Its Evaluation?
During the evaluation of GM-Arlington's petition, EPA also
considered the potential impact of the petitioned waste via non-
groundwater routes (i.e., air emission and surface runoff). With regard
to airborne dispersion in particular, EPA believes that exposure to
airborne contaminants from GM-Arlington's petitioned waste is unlikely.
Therefore, no appreciable air releases are likely from GM-Arlington's
waste under any likely disposal conditions. EPA evaluated the potential
hazards resulting from the unlikely scenario of airborne exposure to
hazardous constituents released from GM-Arlington's waste in an open
landfill. The results of this worst-case analysis indicated that there
is no substantial present or potential hazard to human health and the
environment from airborne exposure to constituents from GM-Arlington's
WWTP sludge.
H. What Is EPA's Evaluation of This Delisting Petition?
The descriptions of GM-Arlington's hazardous waste process and
analytical characterization provide a reasonable basis for EPA to grant
the exclusion. The data submitted in support of the petition show that
constituents in the waste are below the leachable concentrations (see
Table I). EPA believes that GM-Arlington's waste, F019 from zinc
phosphate coating process will not impose any threat to human health
and the environment.
Thus, EPA believes GM-Arlington should be granted an exclusion for
the WWTP sludge. EPA believes the data submitted in support of the
petition show GM-Arlington's WWTP sludge is non-hazardous. The data
submitted in support of the petition show that constituents in GM-
Arlington's waste are presently below the compliance point
concentrations used in the delisting decision and would not pose a
substantial hazard to the environment. EPA believes that GM-Arlington
has successfully demonstrated that the WWTP sludge is non-hazardous.
EPA therefore, proposes to grant an exclusion to GM-Arlington in
Arlington, Texas, for the WWTP sludge described in its petition. EPA's
decision to exclude this waste is based on descriptions of the
treatment activities associated with the petitioned waste and
characterization of the WWTP sludge.
If EPA finalizes the proposed rule, EPA will no longer regulate the
petitioned waste under parts 262 through 268 and the permitting
standards of part 270.
IV. Next Steps
A. With What Conditions Must the Petitioner Comply?
The petitioner, GM-Arlington, must comply with the requirements in
40 CFR part 261, appendix IX, table 1. The text below gives the
rationale and details of those requirements.
(1) Delisting Levels
This paragraph provides the levels of constituents for which GM-
Arlington must test the WWTP sludge, below which these wastes would be
considered non-hazardous.
EPA selected the set of inorganic and organic constituents
specified in paragraph (1) of 40 CFR part 261, appendix IX, table 1,
(the exclusion language) based on information in the petition. EPA
compiled the inorganic and organic constituents list from the
composition of the waste, descriptions of GM-Arlington's treatment
process, previous test data provided for the waste, and the respective
health-based levels used in delisting decision-making. These delisting
levels correspond to the allowable levels measured in the TCLP
concentrations.
(2) Waste Holding and Handling
The purpose of this paragraph is to ensure that GM-Arlington
manages and disposes of any WWTP sludge that contains hazardous levels
of inorganic and organic constituents according to subtitle C of RCRA.
Managing the WWTP sludge as a hazardous waste until initial
verification testing is performed will protect against improper
handling of hazardous material. If EPA determines that the data
collected under this paragraph do not support the data provided for in
the petition, the exclusion will not cover the petitioned waste. The
exclusion is effective upon publication in the Federal Register but the
disposal as non-hazardous cannot begin until the verification sampling
is completed.
(3) Verification Testing Requirements
GM-Arlington must complete a rigorous verification testing program
on the WWTP sludge to assure that the sludge does not exceed the
maximum levels specified in paragraph (1) of the exclusion language.
This verification program operates on two levels. The first part of the
verification testing program consists of testing the WWTP sludge for
specified indicator parameters as per paragraph (1) of the exclusion
language.
If EPA determines that the data collected under this paragraph do
not support the data provided for the petition, the exclusion will not
cover the generated wastes. If the data from the initial verification
testing program demonstrate that the leachate meets the delisting
levels, GM-Arlington may request quarterly testing. EPA will notify GM-
Arlington, in writing, if and when it may replace the testing
conditions in paragraph (3)(A) with the testing conditions in (3)(B) of
the exclusion language.
The second part of the verification testing program is the
quarterly testing of representative samples of WWTP sludge for all
constituents specified in paragraph (1) of the exclusion language. EPA
believes that the concentrations of the constituents of concern in the
WWTP sludge may vary over time. Consequently this program will ensure
that the sludge is evaluated in terms of variation in constituent
concentrations in the waste over time.
The proposed subsequent testing would verify that GM-Arlington
operates a treatment facility where the constituent concentrations of
the WWTP sludge do not exhibit unacceptable temporal and spatial levels
of toxic constituents. EPA is proposing to require GM-Arlington to
analyze representative samples of the WWTP sludge quarterly during the
first year of waste generation. GM-Arlington would begin quarterly
sampling 60 days after
[[Page 41364]]
the final exclusion as described in paragraph (3)(B) of the exclusion
language.
EPA, per paragraph (3)(C) of the exclusion language, is proposing
to end the subsequent testing conditions after the first year, if GM-
Arlington has demonstrated that the waste consistently meets the
delisting levels. To confirm that the characteristics of the waste do
not change significantly over time, GM-Arlington must continue to
analyze a representative sample of the waste on an annual basis. Annual
testing requires analyzing the full list of components in paragraph (1)
of the exclusion language. If operating conditions change as described
in paragraph (4) of the exclusion language, GM-Arlington must reinstate
all testing in paragraph (1) of the exclusion language.
GM-Arlington must prove through a new demonstration that their
waste meets the conditions of the exclusion. If the annual testing of
the waste does not meet the delisting requirements in paragraph (1),
GM-Arlington must notify EPA according to the requirements in paragraph
(6) of the exclusion language. The facility must provide sampling
results that support the rationale that the delisting exclusion should
not be withdrawn.
(4) Changes in Operating Conditions
Paragraph (4) of the exclusion language would allow GM-Arlington
the flexibility of modifying its processes (for example, changes in
equipment or change in operating conditions) to improve its treatment
process. However, GM-Arlington must prove the effectiveness of the
modified process and request approval from EPA. GM-Arlington must
manage wastes generated during the new process demonstration as
hazardous waste until it has obtained written approval and paragraph
(3) of the exclusion language is satisfied.
(5) Data Submittals
To provide appropriate documentation that GM-Arlington's WWTP
sludge is meeting the delisting levels, GM-Arlington must compile,
summarize, and keep delisting records on-site for a minimum of five
years. It should keep all analytical data obtained through paragraph
(3) of the exclusion language including quality control information for
five years. Paragraph (5) of the exclusion language requires that GM-
Arlington furnish these data upon request for inspection by any
employee or representative of EPA or the State of Texas.
If the proposed exclusion is made final, it will apply only to
3,000 cubic yards per year of wastewater treatment sludge generated at
the GM-Arlington after successful verification testing.
EPA would require GM-Arlington to file a new delisting petition
under any of the following circumstances:
(a) If it significantly alters the manufacturing process treatment
system except as described in paragraph (4) of the exclusion language;
(b) If it uses any new manufacturing or production process(es), or
significantly changes from the current process(es) described in their
petition; or
(c) If it makes any changes that could affect the composition or
type of waste generated.
GM-Arlington must manage waste volumes greater than 3,000 cubic
yards per year of WWTP sludge as hazardous until EPA grants a new
exclusion.
When this exclusion becomes final, GM-Arlington's management of the
wastes covered by this petition would be relieved from subtitle C
jurisdiction and the WWTP sludge from GM-Arlington will be disposed in
the RCRA subtile D landfill of Waste Management East Oak Landfill in
Oklahoma City, OK, with EPA ID: OKD149934705.
(6) Reopener
The purpose of paragraph (6) of the exclusion language is to
require GM-Arlington to disclose new or different information related
to a condition at the facility or disposal of the waste, if it is
pertinent to the delisting. GM-Arlington must also use this procedure
if the waste sample in the annual testing fails to meet the levels
found in paragraph (1). This provision will allow EPA to reevaluate the
exclusion if a source provides new or additional information to EPA.
EPA will evaluate the information on which EPA based the decision to
see if it is still correct, or if circumstances have changed so that
the information is no longer correct or would cause EPA to deny the
petition, if presented.
This provision expressly requires GM-Arlington to report differing
site conditions or assumptions used in the petition in addition to
failure to meet the annual testing conditions within 10 days of
discovery. If EPA discovers such information itself or from a third
party, it can act on it as appropriate. The language being proposed is
similar to those provisions found in RCRA regulations governing no-
migration petitions at Sec. 268.6.
EPA believes that it has the authority under RCRA and the
Administrative Procedures Act (APA), 5 U.S.C. 551 (1978) et seq., to
reopen a delisting decision. EPA may reopen a delisting decision when
it receives new information that calls into question the assumptions
underlying the delisting.
EPA believes a clear statement of its authority in delistings is
merited in light of EPA's experience. See Reynolds Metals Company at 62
FR 37694 and 62 FR 63458 where the delisted waste leached at greater
concentrations in the environment than the concentrations predicted
when conducting the TCLP, thus leading EPA to repeal the delisting. If
an immediate threat to human health and the environment presents
itself, EPA will continue to address these situations on a case by case
basis. Where necessary, EPA will make a good cause finding to justify
emergency rulemaking. See APA Sec. 553 (b).
(7) Notification Requirements
In order to adequately track wastes that have been delisted, EPA is
requiring that GM-Arlington provide a one-time notification to any
state regulatory agency through which or to which the delisted waste is
being carried. GM-Arlington must provide this notification 60 days
before commencing this activity.
B. What Happens if GM-Arlington Violates the Terms and Conditions?
If GM-Arlington violates the terms and conditions established in
the exclusion, EPA will start procedures to withdraw the exclusion.
Where there is an immediate threat to human health and the environment,
EPA will evaluate the need for enforcement activities on a case-by-case
basis. EPA expects GM-Arlington to conduct the appropriate waste
analysis and comply with the criteria explained above in paragraph (1)
of the exclusion.
V. Public Comments
A. How Can I as an Interested Party Submit Comments?
EPA is requesting public comments on this proposed decision. Please
send three copies of your comments. Send two copies to Ben Banipal,
Section Chief of the Corrective Action and Waste Minimization Section
(6PD-C), Multimedia Planning and Permitting Division, Environmental
Protection Agency (EPA), 1445 Ross Avenue, Dallas, Texas 75202. Send a
third copy to Sam Barrett, Waste Section Manager, Texas Commission on
Environmental Quality, 2309 Gravel Dr., Ft. Worth, TX 76118-6951.
Identify your comments at the top with this regulatory docket number:
``F-05-TXDEL-GM-Arlington.'' You may submit your comments
[[Page 41365]]
electronically to Youngmoo Kim at kim.youngmoo@epa.gov.
You should submit requests for a hearing to Ben Banipal, Section
Chief of the Corrective Action and Waste Minimization Section (6PD-C),
Multimedia Planning and Permitting Division, U. S. Environmental
Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202.
B. How May I Review the Docket or Obtain Copies of the Proposed
Exclusion?
You may review the RCRA regulatory docket for this proposed rule at
the Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas,
Texas 75202. It is available for viewing in EPA Freedom of Information
Act Review Room from 9 a.m. to 4 p.m., Monday through Friday, excluding
Federal holidays. Call (214) 665-6444 for appointments. The public may
copy material from any regulatory docket at no cost for the first 100
pages, and at fifteen cents per page for additional copies.
VI. Regulatory Impact
Under Executive Order 12866, EPA must conduct an ``assessment of
the potential costs and benefits'' for all ``significant'' regulatory
actions.
The proposal to grant an exclusion is not significant, since its
effect, if promulgated, would be to reduce the overall costs and
economic impact of EPA's hazardous waste management regulations. This
reduction would be achieved by excluding waste generated at a specific
facility from EPA's lists of hazardous wastes, thus enabling a facility
to manage its waste as nonhazardous.
Because there is no additional impact from this proposed rule, this
proposal would not be a significant regulation, and no cost/benefit
assessment is required. The Office of Management and Budget (OMB) has
also exempted this rule from the requirement for OMB review under
section (6) of Executive Order 12866.
VII. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, whenever an
agency is required to publish a general notice of rulemaking for any
proposed or final rule, it must prepare and make available for public
comment a regulatory flexibility analysis which describes the impact of
the rule on small entities (that is, small businesses, small
organizations, and small governmental jurisdictions). No regulatory
flexibility analysis is required, however, if the Administrator or
delegated representative certifies that the rule will not have any
impact on a small entities.
This rule, if promulgated, will not have an adverse economic impact
on small entities since its effect would be to reduce the overall costs
of EPA's hazardous waste regulations and would be limited to one
facility. Accordingly, EPA hereby certifies that this proposed
regulation, if promulgated, will not have a significant economic impact
on a substantial number of small entities. This regulation, therefore,
does not require a regulatory flexibility analysis.
VIII. Paperwork Reduction Act
Information collection and record-keeping requirements associated
with this proposed rule have been approved by the Office of Management
and Budget (OMB) under the provisions of the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number
2050-0053.
IX. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 501 et seq., EPA generally must prepare a written
statement for rules with Federal mandates that may result in estimated
costs to State, local, and tribal governments in the aggregate, or to
the private sector, of $100 million or more in any one year.
When such a statement is required for EPA rules, under section 205
of the UMRA EPA must identify and consider alternatives, including the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. EPA must select that alternative,
unless the Administrator explains in the final rule why it was not
selected or it is inconsistent with law.
Before EPA establishes regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must develop under section 203 of the UMRA a small
government agency plan. The plan must provide for notifying potentially
affected small governments, giving them meaningful and timely input in
the development of EPA's regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising them
on compliance with the regulatory requirements.
The UMRA generally defines a Federal mandate for regulatory
purposes as one that imposes an enforceable duty upon State, local, or
tribal governments or the private sector.
EPA finds that this delisting decision is deregulatory in nature
and does not impose any enforceable duty on any State, local, or tribal
governments or the private sector. In addition, the proposed delisting
decision does not establish any regulatory requirements for small
governments and so does not require a small government agency plan
under UMRA section 203.
X. Executive Order 13045
The Executive Order 13045 is entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997). This order applies to any rule that EPA determines: (1) Is
economically significant as defined under Executive Order 12866, and
(2) the environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA. This proposed rule is not
subject to Executive Order 13045 because this is not an economically
significant regulatory action as defined by Executive Order 12866.
XI. Executive Order 13084
Because this action does not involve any requirements that affect
Indian Tribes, the requirements of section 3(b) of Executive Order
13084 do not apply.
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments.
If the mandate is unfunded, EPA must provide to the Office
Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation.
In addition, Executive Order 13084 requires EPA to develop an
effective process permitting elected and other representatives of
Indian tribal governments to have ``meaningful and timely input'' in
the development of regulatory policies on matters that significantly or
uniquely affect their communities of Indian tribal governments. This
action does not
[[Page 41366]]
involve or impose any requirements that affect Indian Tribes.
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply to this rule.
XII. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act, 15 U.S.C. 3701, et seq., EPA is directed to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) developed or adopted by voluntary consensus standard bodies.
Where available and potentially applicable voluntary consensus
standards are not used by EPA, the Act requires that EPA to provide
Congress, through the OMB, an explanation of the reasons for not using
such standards.
This rule does not establish any new technical standards and thus,
EPA has no need to consider the use of voluntary consensus standards in
developing this proposed rule.
XIII. Executive Order 13132 Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that impose substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless EPA
consults with State and local officials early in the process of
developing the proposed regulation.
This action does not have federalism implication. It will not have
a substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, because it affects only one facility.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous Waste, Recycling, Reporting and
record-keeping requirements.
Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).
Dated: July 11, 2005.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division, Region 6.
For the reasons set out in the preamble, 40 CFR part 261 is
proposed to be amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
2. In Table 1 of appendix IX of part 261 add the following waste
stream in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Waste Excluded Under Sec. 260.20 and 260.22.
Table 1.--Waste Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility/Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
General Motors Corporation Arlington, Wastewater Treatment Plant (WWTP) Sludge (EPA Hazardous Waste No.
Arlington, TX. F019) generated at a maximum annual rate of 3,000 cubic yards per
calendar year after [insert publication date of the final rule]
will be disposed in a Subtitle D landfill.
For the exclusion to be valid, GM-Arlington must implement a
verification testing program that meets the following paragraphs:
(1) Delisting Levels: All leachable concentrations for those
constituents must not exceed the following levels (mg/l for
TCLP).
(i) Inorganic Constituents: Antimony-0.49; Arsenic-0.022; Barium-
100; Beryllium 0.998; Cadmium-0.136; Chromium-5; Cobalt-18.02;
Lead-5; Mercury-0.19; Nickel-67.8; Selenium-1; Silver-5; Thallium-
0.21; Tin-540; Vanadium-50.6; Zinc-673.
(ii) Organic Constituents: Acetone-171; Acetonitrile-399:
Acrylonitrile-0.05; Allyl Chloride-0.12; Benzene-0.43; Carbon
Tetrachloride-0.3; Chlorobenzene-4.56; Chloroform-0.58; 1,1-
Dichoroethane-9; 1,2-Dichloroethane 0.012; 1,1-Dichloroethylene-
0.053; cis-1,2-Dichloroethylene-3.19; trans-1,2-Dichloroethylene-
4.56; Ethylbenzene-31.9; Formaldehyde-257; Methyl Chloride-9.71;
Methyl Ethyl Ketone-200; Methyl Isobutyl Ketone-137; Methyl
Methacrylate-461; Methylene Chloride-0.216; N-Butyl Alcohol-171;
Styrene-4.56; 1,1,1,2-Tetrachloroethane-1.82; 1,1,2,2-
Tetrachloroethane-3.29; Tetrachloroethane-0.23; Toluene-45.6;
1,1,1-Trichloroethane-9.11; 1,1,2-Trichloroethane-0.23;
Trichloroethylene-0.23; Vinyl Acetate 183; Vinyl Chloride-0.022;
Xylene(Total)-456; Bis(2-Ethylhexyl) Phthalate-0.27; Butyl Benzyl
Phthalate-69.6; o-Cresol-85.5; m-Cresol-85.5; p-Cresol-8.55; 1,4-
Dichlorobenzene-1.31; 2,4-Methylphenol-34.2; 2,4-Dinitrotoluene -
0.049; Di-n-Octyl Phthalate-0.084; Hexachlorobenzene-0.0016;
Hexachlobutadiene-0.045; Hexachloroethane-0.74; Naphthalene-3.11;
Nitrobenzene-0.86; Pentachlorophenol; 0.043; Pyridine-1.71; 2,4,5-
Trichlorophenol-68.6; 2,4,6-Trichlorophenol-2.0.
(2) Waste Management:
(A) GM-Arlington must manage as hazardous all WWTP sludge it
generates, until it has completed initial verification testing
described in paragraph (3)(A) and (B), as appropriate, and valid
analyses show that paragraph (1) is satisfied.
(B) Levels of constituents measured in the samples of the WWTP
sludge that do not exceed the levels set forth in paragraph (1)
are non-hazardous. GM-Arlington can manage and dispose of the non-
hazardous WWTP sludge according to all applicable solid waste
regulations.
[[Page 41367]]
(C) If constituent levels in a sample exceed any of the Delisting
Levels set in paragraph (1), GM-Arlington can collect one
additional sample and perform expedited analyses to verify if the
constituent exceeds the delisting level.
If this sample confirms the exceedance, GM-Arlington must, from
that point forward, treat the waste as hazardous until it is
demonstrated that the waste again meets the levels in paragraph
(1).GM-Arlington must manage and dispose of the waste generated
under Subtitle C of RCRA from the time that it becomes aware of
any exceedance.
(D) Upon completion of the Verification Testing described in
paragraph (3)(A) and (B), as appropriate, and the transmittal of
the results to EPA, and if the testing results meet the
requirements of paragraph (1), GM-Arlington may proceed to manage
its WWTP sludge as non-hazardous waste. If subsequent
Verification Testing indicates an exceedance of the Delisting
Levels in paragraph (1), GM-Arlington must manage the WWTP sludge
as a hazardous waste until two consecutive quarterly testing
samples show levels below the Delisting Levels in paragraph (I).
(3) Verification Testing Requirements: GM-Arlington must perform
sample collection and analyses, including quality control
procedures, using appropriate methods. As applicable to the
method-defined parameters of concern, analyses requiring the use
of SW-846 methods incorporated by reference in 40 CFR 260.11 must
be used without substitution. As applicable, the SW-846 methods
might include Methods 0010, 0011, 0020, 0023A, 0030, 0031,0040,
0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and 9095B. Methods must meet
Performance Based Measurement System Criteria in which the Data
Quality Objectives are to demonstrate that representative samples
of GM-Arlington's F019 sludge meet the delisting levels in
paragraph (1). If EPA judges the process to be effective under
the operating conditions used during the initial verification
testing, GM-Arlington may replace the testing required in
paragraph (3)(A) with the testing required in paragraph (3)(B).
GM-Arlington must continue to test as specified in paragraph
(3)(A) until and unless notified by EPA in writing that testing
in paragraph (3)(A) may be replaced by paragraph (3)(B).
(A) Initial Verification Testing: After EPA grants the final
exclusion, GM-Arlington must do the following:
(i) Within 60 days of this exclusions becoming final, collect
eight samples, before disposal, of the WWTP sludge.
(ii) The samples are to be analyzed and compared against the
Delisting Levels in paragraph (1)
(iii) Within sixty (60) days after this exclusion becomes final,
GM-Arlington will report initial verification analytical test
data for the WWTP sludge, including analytical quality control
information for the first thirty (30) days of operation after
