Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion, 49187-49193 [05-16688]

Download as PDF Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations ANE MA D Worcester, MA [Revised] Worcester Regional Airport, MA (Lat. 42°16′02″ N, long. 71°52′32″ W) Spencer Airport, MA (Lat. 42°17′26″ N, long. 71°57′53″ W) That airspace extending upward from the surface to and including 3,500 feet MSL within a 4.2-mile radius of Worcester Regional Airport, excluding that airspace from the surface up to but not including 1,900 feet MSL within a 1-mile radius of the Spencer Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. * * * * * Issued in Jamaica, New York, on August 17, 2005. John G. McCartney, Acting Area Director, Eastern Terminal Operations. [FR Doc. 05–16740 Filed 8–22–05; 8:45 am] BILLING CODE 4910–13–M History On June 8, 2005, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) by establishing Class E airspace at Marion, KY, (70 FR 33403). This action provides adequate Class E airspace for IFR operations at Marion-Crittenden County Airport. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in FAA Order 7400.9M, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR part 71.1. The Class E designations listed in this document will be published subsequently in this Order. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. DEPARTMENT OF TRANSPORTATION The Rule Federal Aviation Administration This amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) establishes Class E airspace at Marion, KY. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. 14 CFR Part 71 [Docket No. FAA–2005–21226; Airspace Docket No. 05–ASO–8] Establishment of Class E Airspace; Marion, KY Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace at Marion, KY. Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAP) Runway (RWY) 7 and RWY 25 have been developed for Marion-Crittenden County Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAPs and for Instrument Flight Rules (IFR) operations at Marion-Crittenden County Airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. EFFECTIVE DATE: 0901 UTC, October 27, 2005. FOR FURTHER INFORMATION CONTACT: Mark D. Ward, Manager, Airspace and Operations Branch, Eastern En Route and Oceanic Service Area, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–5586. SUPPLEMENTARY INFORMATION: SUMMARY: VerDate jul<14>2003 16:13 Aug 22, 2005 Jkt 205001 List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR Part 71 as follows: I PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 49187 PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: I Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9L, Airspace Designations and Reporting Points, dated September 2, 2003, and effective September 16, 2003, is amended as follows: I Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. * * * * * ASO KY E5 Marion, KY [NEW] Marion-Crittenden County Airport, KY (Lat. 37°20′04″ N, long. 88°06′54″ W) That airspace extending upward from 700 feet above the surface within a 6.7—radius of Marion-Crittenden County Airport; excluding that airspace within the Sturgis, KY, Class E airspace area. * * * * * Issued in College Park, Georgia, on July 29, 2005. Mark D. Ward, Acting Area Director, Air Traffic Division, Southern Region. [FR Doc. 05–16746 Filed 8–22–05; 8:45 am] BILLING CODE 4910–13–M ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 [SW–FRL–7957–6] Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion Environmental Protection Agency. ACTION: Final rule. AGENCY: SUMMARY: Environmental Protection Agency (EPA) is granting petitions submitted by Shell Oil Company (Shell Oil Company) to exclude (or delist) certain wastes generated by its Houston, TX Deer Park facility from the lists of hazardous wastes. This final rule responds to petitions submitted by Shell Oil Company to delist F039 and F037 wastes. The F039 waste is generated from the refinery wastewater treatment plant, North Effluent Treater (NET) and E:\FR\FM\23AUR1.SGM 23AUR1 49188 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations primary solids from Shell Chemical and the South Effluent Treatment (SET). The F037 waste North Pond Sludge is generated from the process wastewater, gravel and road base that has settled from storm water flow to the pond. After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the petitioned wastes are not hazardous waste. The F039 exclusion applies to 3.36 million gallons per year (16,619 cubic yards) of multi-source landfill leachate. The F037 exclusion is a one time exclusion for 15,000 cubic yards of the sludge. Accordingly, this final rule excludes the petitioned wastes from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). EFFECTIVE DATE: August 23, 2005. ADDRESSES: The public docket for this final rule is located at the Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas, Texas 75202, and is available for viewing in EPA Freedom of Information Act review room on the 7th floor from 9 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. Call (214) 665–6444 for appointments. The reference number for this docket is F– 04–TEXDEL–Shell Oil. The public may copy material from any regulatory docket at no cost for the first 100 pages and at a cost of $0.15 per page for additional copies. FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the Corrective Action and Waste Minimization Section, Multimedia Planning and Permitting Division (6PD–C), Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas, Texas 75202. For technical information concerning this notice, contact Michelle Peace, Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202, at (214) 665–7430, or peace.michelle@epa.gov. The information in this section is organized as follows: SUPPLEMENTARY INFORMATION: I. Overview Information A. What action is EPA finalizing? B. Why is EPA approving this action? C. What are the limits of this exclusion? D. How will Shell Oil Company manage the wastes, if they are delisted? E. When is the final delisting exclusion effective? F. How does this final rule affect states? II. Background A. What is a delisting? B. What regulations allow facilities to delist a waste? C. What information must the generator supply? VerDate jul<14>2003 16:13 Aug 22, 2005 Jkt 205001 III. EPA’s Evaluation of the Waste Information and Data A. What waste did Shell Oil Company petition EPA to delist? B. How much waste did Shell Oil Company propose to delist? A. How did Shell Oil Company sample and analyze the waste data in these petitions? IV. Public Comments Received on the Proposed Exclusions A. Who submitted comments on the proposed rules? B. Where were the comments and what are EPA’s responses to them? V. Statutory and Executive Order Reviews I. Overview Information A. What Action Is EPA Finalizing? After evaluating the petitions for Shell Oil Company, EPA proposed, on December 28, 2004 and February 9, 2005, respectively, to exclude the wastes from the lists of hazardous waste under § 261.31. EPA is finalizing: (1) The decision to grant Shell Oil Company’s delisting petition to have its F039 multi-source landfill leachate underlying the Minimum Technology Requirements (MTR) hazardous waste landfill excluded, or delisted, from the definition of a hazardous waste; and subject to certain verification and monitoring conditions; and (2) The decision to grant Shell Oil Company’s delisting petition to have its North Pond F037 sludge excluded, or delisted, from the definition of a hazardous waste, once it is disposed in a Subtitle D landfill. B. Why Is EPA Approving This Action? Shell Oil Company’s petitions request a delisting from the F039 and F037 wastes listing under 40 CFR 260.20 and 260.22. Shell Oil Company does not believe that the petitioned waste meets the criteria for which EPA listed it. Shell Oil Company also believes no additional constituents or factors could cause the waste to be hazardous. EPA’s review of these petitions 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 final delisting determination, EPA evaluated the petitioned wastes 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 wastes are nonhazardous 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 was originally listed, EPA would have proposed to deny the petition.) EPA evaluated the wastes with respect to other factors or criteria to assess whether there is a reasonable basis to believe that such additional factors could cause the wastes to be hazardous. EPA considered whether the wastes are acutely toxic, the concentrations of the constituents in the wastes, 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 wastes do not meet the listing criteria and thus should not be listed wastes. EPA’s final decision to delist wastes from Shell Oil Company’s facility is based on the information submitted in support of this rule, including descriptions of the wastes and analytical data from the Deer Park, TX facility. C. What Are the Limits of This Exclusion? This exclusion applies to the waste described in the Shell Oil Company petitions only if the requirements described in 40 CFR part 261, Appendix IX, Table 1 and the conditions contained herein are satisfied. D. How Will Shell Oil Company Manage the Wastes, If They Are Delisted? If the multi-source landfill leachate is delisted, Shell Oil Company will make piping modifications to allow the leachate to be routed to the North Effluent Treater (NET) for treatment. After its treatment, the multi-source landfill leachate will be discharged through a TPDES-permitted outfall in compliance with its TPDES permit. If F037 North Pond Sludge is delisted, Shell Oil Company will dispose of it in a Subtitle D landfill which is permitted, licensed, or registered by a state to manage industrial waste. E. When Is the Final Delisting Exclusion Effective? This rule is effective August 23, 2005. The Hazardous and Solid Waste Amendments of 1984 amended section 3010 of RCRA, 42 U.S.C. 6930(b)(1), allow rules to become effective in less than six months after the rule is published when the regulated community does not need the six-month period to come into compliance. That is the case here because this rule reduces, rather than increases, the existing requirements for persons generating hazardous waste. This reduction in existing requirements also provides a E:\FR\FM\23AUR1.SGM 23AUR1 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations basis for making this rule effective immediately, upon publication, under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(d). F. How Does This Final Rule Affect 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 Shell Oil Company transports the petitioned waste to or manages the waste in any state with delisting authorization, Shell Oil Company must obtain delisting authorization from that state before it can manage the waste as nonhazardous in the state. II. Background A. What Is a Delisting Petition? A delisting petition is a request from a generator to EPA or another agency with jurisdiction to exclude or delist, from the RCRA list of hazardous waste, waste the generator believes should not be considered hazardous under RCRA. B. What Regulations Allow Facilities To Delist a Waste? Under 40 CFR 260.20 and 260.22, facilities may petition EPA to remove their wastes from hazardous waste regulation by excluding them from the lists of hazardous wastes contained in §§ 261.31 and 261.32. Specifically, § 260.20 allows any person to petition the Administrator to modify or revoke any provision of 40 CFR parts 260 through 265 and 268. Section 260.22 provides generators the opportunity to VerDate jul<14>2003 16:13 Aug 22, 2005 Jkt 205001 petition the Administrator to exclude a waste from a particular generating facility from the hazardous waste lists. C. What Information Must the Generator Supply? Petitioners must provide sufficient information to EPA to allow EPA to determine that the waste to be excluded does not meet any of the criteria under which the waste was listed as a hazardous waste. In addition, the Administrator must determine, where he/she has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste and that such factors do not warrant retaining the waste as a hazardous waste. III. EPA’s Evaluation of the Waste Information and Data A. What Wastes Did Shell Oil Company Petition EPA To Delist? On January 29, 2003, Shell Oil Company petitioned EPA to exclude from the lists of hazardous waste contained in § 261.31, multi-source landfill leachate (F039) generated from its facility located in Deer Park, TX. Then on December 30, 2003, Shell Oil Company petitioned EPA to exclude from the lists of hazardous waste contained in §§ 261.31 and 261.32, F037 North Pond Sludge. B. How Much Waste Did Shell Oil Company Propose To Delist? Shell Oil Company requested that EPA grant an exclusion for 3.36 million gallons (16,619 cu. yards) per year of the multi-source landfill leachate in its January 29, 2003 petition. In the December 30, 2003 petition, Shell Oil Company requested that EPA grant a one time exclusion for 15,000 cubic yards of the F037 North Pond Sludge. C. How Did Shell Oil Company Sample and Analyze the Waste Data in These Petitions? To support its petitions, Shell Oil Company submitted: (1) Historical information on past waste generation and management practices including analytical data from eleven samples collected in September 2003 for the F037 North Pond Sludge and four samples of combined leachate data for the F039 multi-source landfill leachate; (2) Results of the total constituent list for 40 CFR part 264, Appendix IX volatiles, semivolatiles, metals, pesticides, herbicides, dioxins and PCBs for the F037 North Pond Sludge and the F039 multi-source landfill leachate; PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 49189 (3) Results of the constituent list for 40 CFR part 264, Appendix IX on Toxicity Characteristic Leaching Procedure (TCLP) extract for volatiles, semivolatiles, and metals for the F037 North Pond Sludge and the F039 multisource landfill leachate; (4) Analytical constituents of concern for F037 and F039; (5) Results from total oil and grease analyses; (6) Multiple pH testing for the petitioned wastes. IV. Public Comments Received on the Proposed Exclusions A. Who Submitted Comments on the Proposed Rules? No comments were received on the proposed rule for the F037 wastes. Comments were submitted by Shell Deer Park Refining Company (Shell) to correct information contained in the proposed rule for F039. B. What Were the Comments and What Are EPA’s Responses to Them? Shell noted that Chloronated Plate Interceptor should be Corrugated Plate Interceptor. EPA has noted this and made appropriate changes in the final rule and exclusion language to reflect this change. Shell noted that: (1) the compound pcresol (4-methlyphenol) should be added to Table I; and (2) the compound trichloropropane should be deleted from Table I as this constituent was not detected in any of the samples above the reporting level. The compound p-cresol (4methlyphenol) appears in Table 1.— Waste Excluded From the Non-Specific Sources as ‘‘Cresol, p.’’ EPA has made the appropriate change to read p-Cresol. The compound trichloropropane estimated value of 0.00025 mg/l was reported in the revised analyses on October 11, 2004, Combined Leachate Data, and thus it will not be deleted. Shell requested: (1) that the following constituents be deleted from Table 1— Wastes Excluded from Non-Specific Sources in the exclusion language to be consistent with Table I in Section III. D in the preamble of the proposed rule: Thallium, Acrylonitrile, Bis (2chlorethyl) ether, Bis (2-ethylhexyl) phthlate, Dichlorobenzene 1,3, Dimethoate, Dimethylphenol 2,4, Dinitrophenol, Dinitrotoluene 2,6, Diphenylhydrazine, Dichloroethylene 1,1, Kepone, Methacrylonitrile, Methanol, Nitrobenzene, Nitrosodiethylamine, Nitrosodimethylamine, Nitrosodi-nbutylamine, N-Nitrodi-n-propylamine, N-Nitrosopiperdine, N- E:\FR\FM\23AUR1.SGM 23AUR1 49190 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations Nitrosopyrrolidine, NNitrosomethylethylamine, PCBs, Pentachlorophenol, Pyridine, Trichloropropane, Vinyl Chloride; and (2) that the compound phenanthrene should be added with a delisting level of 1.36 mg/L to be consistent with Table I in Section III. D. EPA has made the deletions as prescribed. EPA has added the compound phenanthrene with a delisting level of 1.36 mg/L to Table 1.— Waste Excluded From Non-Specific Sources. EPA also added compounds toluene, fluorene, and vanadium because they were inadvertently left off of Table 1—Wastes Excluded from NonSpecific Sources. Shell noted that in the exclusion language paragraph (3)(A)(i) of Table 1—Waste Excluded from Non-Specific Sources, the number of samples to be collected within the first 60 days should be changed from eight to four. Also in paragraph (3)(B) for subsequent verification sampling, Shell Oil Company requested that the number of samples per quarter be changed from two to one. Previous discussions between EPA and Shell Oil Company were based on two different waste streams. Since this is one stream, EPA will allow the changes in the number of samples collected and the number of samples taken per quarter. In addition, on October 30, 2002, (67 FR 66251), EPA proposed the Methods Innovation Rule to remove from the regulations unnecessary requirements other than those considered to be Method Defined Parameters (MDP). An MDP is a method that, by definition or design, is the only one capable of measuring the particular property (e.g. Method 1311–TCLP). Therefore, EPA is no longer generally requiring the use of only SW–846 methods for regulatory applications other than those involving MDPs. The general purpose of this rule is to allow more flexibility when conducting RCRA-related sampling and analysis activities. We retained only those methods considered to be MDPs in the regulations and incorporate them by reference in 40 CFR 260.11. EPA is changing Shell’s delisting exclusion language found in paragraph (3) of the F039 exclusion language to reflect the generic language placed in all delisting exclusions as a result of the Methods Innovation Rule (70 FR 34537) which was finalized on June 14, 2005. V. Statutory and Executive Order Reviews Under Executive Order 12866, ‘‘Regulatory Planning and Review’’ (58 VerDate jul<14>2003 16:13 Aug 22, 2005 Jkt 205001 FR 51735, October 4, 1993), this rule is not of general applicability and therefore is not a regulatory action subject to review by the Office of Management and Budget (OMB). This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a particular facility only. Because this rule is of particular applicability relating to a particular facility, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA). Because this rule will affect only a particular facility, it will not significantly or uniquely affect small governments, as specified in section 203 of UMRA. Because this rule will affect only a particular facility, this final rule does not have federalism implications. It will not 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, as specified in Executive Order 13132, ‘‘Federalism,’’ (64 FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply to this rule. Similarly, because this rule will affect only a particular facility, this final rule does not have tribal implications, as specified in Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000). Thus, Executive Order 13175 does not apply to this rule. This rule also is not subject to Executive Order 13045, ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant as defined in Executive Order 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. The basis for this belief is that the Agency used the DRAS program, which considers health and safety risks to infants and children, to calculate the maximum allowable concentrations for this rule. This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. This rule does not involve PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988, ‘‘Civil Justice Reform,’’ (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report which includes a copy of the rule to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules (1) rules of particular applicability; (2) rules relating to agency management or personnel; and (3) rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties 5 U.S.C. 804(3). EPA is not required to submit a rule report regarding today’s action under section 801 because this is a rule of particular applicability. 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: August 10, 2005. Carl E. Edlund, Director, Multimedia Planning and Permitting Division, Region 6. For the reasons set out in the preamble, 40 CFR part 261 is to be amended as follows: I PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 1. The authority citation for Part 261 continues to read as follows: I 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: I Appendix IX to Part 261—Waste Excluded Under §§ 260.20 and 260.22 E:\FR\FM\23AUR1.SGM 23AUR1 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations 49191 TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES Facility Address Waste description * Shell Oil Company .... * Deer Park, TX .. Shell Oil Company .... Deer Park, TX .. * * * * * North Pond Sludge (EPA Hazardous Waste No. F037) generated one time at a volume of 15,000 cubic yards August 23, 2005 and disposed in a Subtitle D landfill. This is a one time exclusion and applies to 15,000 cubic yards of North Pond Sludge. (1) Reopener: (A) If, anytime after disposal of the delisted waste, Shell possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or ground water 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 Shell fails to submit the information described in paragraph (A) 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 or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Division Director determines that the reported information does require EPA 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 EPA action is not necessary. The facility shall have 10 days from the date of the Division Director’s notice to present such information. (D) Following the receipt of information from the facility described in paragraph (C) or if no information is presented under paragraph (C), the Division Director will issue a final written determination describing the actions that are necessary to protect human health or the environment. Any required action described in the Division Director’s determination shall become effective immediately, unless the Division Director provides otherwise. (2) Notification Requirements: Shell 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 they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification, if they ship the delisted waste to 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. Multi-source landfill leachate (EPA Hazardous Waste No. F039) generated at a maximum annual rate of 3.36 million gallons (16,619 cu. yards) per calendar year after August 23, 2005 and disposed in accordance with the TPDES permit. The delisting levels set do not relieve Shell Oil Company of its duty to comply with the limits set in its TPDES permit. For the exclusion to be valid, Shell Oil Company must implement a verification testing program that meets the following paragraphs: (1) Delisting Levels: All total concentrations for those constituents must not exceed the following levels (mg/l). The petitioner must analyze the aqueous waste on a total basis to measure constituents in the multi-source landfill leachate. Multi-source landfill leachate (i) Inorganic Constituents Antimony-0.0204; Arsenic-0.385; Barium-2.92; Copper-418.00; Chromium-5.0; Cobalt-2.25; Nickel-1.13; Selenium-0.0863; Thallium-0.005; Vanadium-0.838 (ii) Organic Constituents Acetone-1.46; Acetophenone-1.58; Benzene-0.0222; p-Cresol-0.0788; Bis(2ethylhexyl)phthlate-15800.00; Dichloroethane, 1,2–0.0803; Ethylbenzene-4.51; Fluorene-1.87; Napthalene-1.05; Phenol-9.46; Phenanthrene-1.36; Pyridine-0.0146; 2,3,7,8-TCDD equivalents as TEQ–0.0000926; Toluene-4.43; Trichloropropane-0.000574; Xylenes (total)-97.60 (2) Waste Management: (A) Shell Oil Company must manage as hazardous all multi-source landfill leachate generated, 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 multi-source landfill leachate that do not exceed the levels set forth in paragraph (1) are non-hazardous. Shell Oil Company can manage and dispose of the non-hazardous multi-source landfill leachate according to all applicable solid waste regulations. (C) If constituent levels in a sample exceed any of the delisting levels set in paragraph (1), Shell Oil Company can collect one additional sample and perform expedited analyses to verify if the constituent exceeds the delisting level. If this sample confirms the exceedance, Shell Oil Company must, from that point forward, treat the waste as hazardous until it is demonstrated that the waste again meets the levels in paragraph (1). (D) If the facility has not treated the waste, Shell Oil Company must manage and dispose of the waste generated under Subtitle C of RCRA from the time that it becomes aware of any exceedance. VerDate jul<14>2003 16:13 Aug 22, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1 49192 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued Facility Address Waste description (E) 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), Shell Oil Company may proceed to manage its multi-source landfill leachate as non-hazardous waste. If Subsequent Verification Testing indicates an exceedance of the delisting levels in paragraph (1), Shell Oil Company must manage the multi-source landfill leachate as a hazardous waste until two consecutive quarterly testing samples show levels below the delisting levels in Table I. (3) Verification Testing Requirements: Shell Oil Company 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 used must meet Performance Based Measurement System Criteria in which the Data Quality Objectives demonstrate that representative samples of the Shell-Deer Park multi-source landfill leachate are collected and meet the delisting levels in paragraph (1). (A) Initial Verification Testing: After EPA grants the final exclusion, Shell Oil Company must do the following: (i) Within 60 days of this exclusions becoming final, collect four samples, before disposal, of the multi-source landfill leachate. (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, Shell Oil Company will report initial verification analytical test data for the multi-source landfill leachate, 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 multi-source landfill leachate 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 become effective, Shell Oil Company can manage and dispose of the multi-source landfill leachate according to all applicable solid waste regulations. (B) Subsequent Verification Testing: Following written notification by EPA, Shell Oil Company may substitute the testing conditions in (3)(B) for (3)(A). Shell Oil Company must continue to monitor operating conditions, and analyze one representative sample of the multi-source landfill leachate for each quarter of operation during the first year of waste generation. The sample 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 multi-source landfill leachate. 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 being met, Shell Oil Company may then request that EPA not require quarterly testing. After EPA notifies Shell Oil Company in writing, the company may end quarterly testing. (ii) Following cancellation of the quarterly testing, Shell Oil Company must continue to test a representative sample for all constituents listed in paragraph (1) annually. (4) Changes in Operating Conditions: If Shell Oil Company 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 nonhazardous 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: Shell Oil Company must submit the information described below. If Shell Oil Company 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. Shell Oil Company must: (A) Submit the data obtained through paragraph 3 to the Section Chief, Region 6 Corrective Action and Waste Minimization Section, EPA, 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 request 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. 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. VerDate jul<14>2003 16:13 Aug 22, 2005 Jkt 205001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1 49193 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued Facility Address Waste description 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) Reopener: (A) If, anytime after disposal of the delisted waste, Shell Oil Company 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 a 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, Shell Oil Company 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 Shell Oil Company 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, he 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 the 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: Shell Oil Company 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) Update the 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 exclusion and a possible revocation of the decision. * * * * * Effective September 1, 2005. [FR Doc. 05–16688 Filed 8–22–05; 8:45 am] DATES: BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: COMMISSION OF FINE ARTS 45 CFR Part 2102 Procedures and Policies Amendment The Commission of Fine Arts. Final rule. AGENCY: ACTION: SUMMARY: This document amends the procedures and policies governing the administration of the U.S. Commission of Fine Arts. This document serves to establish a Consent Calendar and to clarify the functions and requirements of a Consent Calendar and Appendices for the review of projects submitted to the Commission in order to address more efficiently the needs of the Federal government and the public. VerDate jul<14>2003 16:13 Aug 22, 2005 Jkt 205001 Thomas Luebke, Secretary, (202) 504– 2200. SUPPLEMENTARY INFORMATION: As established by Congress in 1910, the Commission of Fine Arts is a small independent advisory body made up of seven Presidentially appointed ‘‘well qualified judges of the arts’’ whose primary role is architectural review of designs for buildings, parks, monuments and memorials erected by the Federal or District of Columbia governments in Washington, DC. In addition to architectural review, the Commission considers and advises on the designs for coins, medals and U.S. memorials on foreign soil. The Commission also advises the District of Columbia government on private building projects within the Georgetown Historic District, the Rock Creek Park perimeter and the PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 * * Monumental Core area. The Commission advises Congress, the President, Federal agencies, and the District of Columbia government on the general subjects of design, historic preservation and on orderly planning on matters within its jurisdiction. The regulations amended with this rule were last published in the Federal Register on January 31, 1997 (45 CFR Parts 2101, 2102, 2103). Specific items this document amends include providing the current address and telephone number of the agency, and clarifying a series of procedural functions. Therefore, as these changes clarify established and new procedures, and are minor in nature, the Commission determines that notice and comment are unnecessary and that, in accordance with 5 U.S.C. 553(b)(B), good cause to waive notice and comment is established. E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Rules and Regulations]
[Pages 49187-49193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16688]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-7957-6]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Final Exclusion

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Environmental Protection Agency (EPA) is granting petitions 
submitted by Shell Oil Company (Shell Oil Company) to exclude (or 
delist) certain wastes generated by its Houston, TX Deer Park facility 
from the lists of hazardous wastes. This final rule responds to 
petitions submitted by Shell Oil Company to delist F039 and F037 
wastes. The F039 waste is generated from the refinery wastewater 
treatment plant, North Effluent Treater (NET) and

[[Page 49188]]

primary solids from Shell Chemical and the South Effluent Treatment 
(SET). The F037 waste North Pond Sludge is generated from the process 
wastewater, gravel and road base that has settled from storm water flow 
to the pond.
    After careful analysis and use of the Delisting Risk Assessment 
Software (DRAS), EPA has concluded the petitioned wastes are not 
hazardous waste. The F039 exclusion applies to 3.36 million gallons per 
year (16,619 cubic yards) of multi-source landfill leachate. The F037 
exclusion is a one time exclusion for 15,000 cubic yards of the sludge. 
Accordingly, this final rule excludes the petitioned wastes from the 
requirements of hazardous waste regulations under the Resource 
Conservation and Recovery Act (RCRA).

EFFECTIVE DATE: August 23, 2005.

ADDRESSES: The public docket for this final rule is located at the 
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202, and is available for viewing in EPA Freedom of Information 
Act review room on the 7th floor from 9 a.m. to 4 p.m., Monday through 
Friday, excluding Federal holidays. Call (214) 665-6444 for 
appointments. The reference number for this docket is F-04-TEXDEL-Shell 
Oil. The public may copy material from any regulatory docket at no cost 
for the first 100 pages and at a cost of $0.15 per page for additional 
copies.

FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the 
Corrective Action and Waste Minimization Section, Multimedia Planning 
and Permitting Division (6PD-C), Environmental Protection Agency Region 
6, 1445 Ross Avenue, Dallas, Texas 75202. For technical information 
concerning this notice, contact Michelle Peace, Environmental 
Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202, at (214) 665-
7430, or peace.michelle@epa.gov.

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this action?
    C. What are the limits of this exclusion?
    D. How will Shell Oil Company manage the wastes, if they are 
delisted?
    E. When is the final delisting exclusion effective?
    F. How does this final rule affect states?
II. Background
    A. What is a delisting?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did Shell Oil Company petition EPA to delist?
    B. How much waste did Shell Oil Company propose to delist?
    A. How did Shell Oil Company sample and analyze the waste data 
in these petitions?
IV. Public Comments Received on the Proposed Exclusions
    A. Who submitted comments on the proposed rules?
    B. Where were the comments and what are EPA's responses to them?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What Action Is EPA Finalizing?

    After evaluating the petitions for Shell Oil Company, EPA proposed, 
on December 28, 2004 and February 9, 2005, respectively, to exclude the 
wastes from the lists of hazardous waste under Sec.  261.31. EPA is 
finalizing:
    (1) The decision to grant Shell Oil Company's delisting petition to 
have its F039 multi-source landfill leachate underlying the Minimum 
Technology Requirements (MTR) hazardous waste landfill excluded, or 
delisted, from the definition of a hazardous waste; and subject to 
certain verification and monitoring conditions; and
    (2) The decision to grant Shell Oil Company's delisting petition to 
have its North Pond F037 sludge excluded, or delisted, from the 
definition of a hazardous waste, once it is disposed in a Subtitle D 
landfill.

B. Why Is EPA Approving This Action?

    Shell Oil Company's petitions request a delisting from the F039 and 
F037 wastes listing under 40 CFR 260.20 and 260.22. Shell Oil Company 
does not believe that the petitioned waste meets the criteria for which 
EPA listed it. Shell Oil Company also believes no additional 
constituents or factors could cause the waste to be hazardous. EPA's 
review of these petitions 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 final delisting determination, EPA evaluated the petitioned 
wastes against the listing criteria and factors cited in Sec.  
261.11(a)(2) and (a)(3). Based on this review, EPA agrees with the 
petitioner that the wastes are nonhazardous 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 wastes with respect to other factors or 
criteria to assess whether there is a reasonable basis to believe that 
such additional factors could cause the wastes to be hazardous. EPA 
considered whether the wastes are acutely toxic, the concentrations of 
the constituents in the wastes, 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 wastes do not meet the listing criteria 
and thus should not be listed wastes. EPA's final decision to delist 
wastes from Shell Oil Company's facility is based on the information 
submitted in support of this rule, including descriptions of the wastes 
and analytical data from the Deer Park, TX facility.

C. What Are the Limits of This Exclusion?

    This exclusion applies to the waste described in the Shell Oil 
Company petitions only if the requirements described in 40 CFR part 
261, Appendix IX, Table 1 and the conditions contained herein are 
satisfied.

D. How Will Shell Oil Company Manage the Wastes, If They Are Delisted?

    If the multi-source landfill leachate is delisted, Shell Oil 
Company will make piping modifications to allow the leachate to be 
routed to the North Effluent Treater (NET) for treatment. After its 
treatment, the multi-source landfill leachate will be discharged 
through a TPDES-permitted outfall in compliance with its TPDES permit. 
If F037 North Pond Sludge is delisted, Shell Oil Company will dispose 
of it in a Subtitle D landfill which is permitted, licensed, or 
registered by a state to manage industrial waste.

E. When Is the Final Delisting Exclusion Effective?

    This rule is effective August 23, 2005. The Hazardous and Solid 
Waste Amendments of 1984 amended section 3010 of RCRA, 42 U.S.C. 
6930(b)(1), allow rules to become effective in less than six months 
after the rule is published when the regulated community does not need 
the six-month period to come into compliance. That is the case here 
because this rule reduces, rather than increases, the existing 
requirements for persons generating hazardous waste. This reduction in 
existing requirements also provides a

[[Page 49189]]

basis for making this rule effective immediately, upon publication, 
under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(d).

F. How Does This Final Rule Affect 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 Shell Oil Company transports the petitioned waste to or manages the 
waste in any state with delisting authorization, Shell Oil Company must 
obtain delisting authorization from that state before it can manage the 
waste as nonhazardous in the state.

II. Background

A. What Is a Delisting Petition?

    A delisting petition is a request from a generator to EPA or 
another agency with jurisdiction to exclude or delist, from the RCRA 
list of hazardous waste, waste the generator believes should not be 
considered hazardous under RCRA.

B. What Regulations Allow Facilities To Delist a Waste?

    Under 40 CFR 260.20 and 260.22, facilities may petition EPA to 
remove their wastes from hazardous waste regulation by excluding them 
from the lists of hazardous wastes contained in Sec. Sec.  261.31 and 
261.32. Specifically, Sec.  260.20 allows any person to petition the 
Administrator to modify or revoke any provision of 40 CFR parts 260 
through 265 and 268. Section 260.22 provides generators the opportunity 
to petition the Administrator to exclude a waste from a particular 
generating facility from the hazardous waste lists.

C. What Information Must the Generator Supply?

    Petitioners must provide sufficient information to EPA to allow EPA 
to determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. In 
addition, the Administrator must determine, where he/she has a 
reasonable basis to believe that factors (including additional 
constituents) other than those for which the waste was listed could 
cause the waste to be a hazardous waste and that such factors do not 
warrant retaining the waste as a hazardous waste.

III. EPA's Evaluation of the Waste Information and Data

A. What Wastes Did Shell Oil Company Petition EPA To Delist?

    On January 29, 2003, Shell Oil Company petitioned EPA to exclude 
from the lists of hazardous waste contained in Sec.  261.31, multi-
source landfill leachate (F039) generated from its facility located in 
Deer Park, TX. Then on December 30, 2003, Shell Oil Company petitioned 
EPA to exclude from the lists of hazardous waste contained in 
Sec. Sec.  261.31 and 261.32, F037 North Pond Sludge.

B. How Much Waste Did Shell Oil Company Propose To Delist?

    Shell Oil Company requested that EPA grant an exclusion for 3.36 
million gallons (16,619 cu. yards) per year of the multi-source 
landfill leachate in its January 29, 2003 petition. In the December 30, 
2003 petition, Shell Oil Company requested that EPA grant a one time 
exclusion for 15,000 cubic yards of the F037 North Pond Sludge.

C. How Did Shell Oil Company Sample and Analyze the Waste Data in These 
Petitions?

    To support its petitions, Shell Oil Company submitted:
    (1) Historical information on past waste generation and management 
practices including analytical data from eleven samples collected in 
September 2003 for the F037 North Pond Sludge and four samples of 
combined leachate data for the F039 multi-source landfill leachate;
    (2) Results of the total constituent list for 40 CFR part 264, 
Appendix IX volatiles, semivolatiles, metals, pesticides, herbicides, 
dioxins and PCBs for the F037 North Pond Sludge and the F039 multi-
source landfill leachate;
    (3) Results of the constituent list for 40 CFR part 264, Appendix 
IX on Toxicity Characteristic Leaching Procedure (TCLP) extract for 
volatiles, semivolatiles, and metals for the F037 North Pond Sludge and 
the F039 multi-source landfill leachate;
    (4) Analytical constituents of concern for F037 and F039;
    (5) Results from total oil and grease analyses;
    (6) Multiple pH testing for the petitioned wastes.

IV. Public Comments Received on the Proposed Exclusions

A. Who Submitted Comments on the Proposed Rules?

    No comments were received on the proposed rule for the F037 wastes. 
Comments were submitted by Shell Deer Park Refining Company (Shell) to 
correct information contained in the proposed rule for F039.

B. What Were the Comments and What Are EPA's Responses to Them?

    Shell noted that Chloronated Plate Interceptor should be Corrugated 
Plate Interceptor. EPA has noted this and made appropriate changes in 
the final rule and exclusion language to reflect this change.
    Shell noted that: (1) the compound p-cresol (4-methlyphenol) should 
be added to Table I; and (2) the compound trichloropropane should be 
deleted from Table I as this constituent was not detected in any of the 
samples above the reporting level.
    The compound p-cresol (4-methlyphenol) appears in Table 1.--Waste 
Excluded From the Non-Specific Sources as ``Cresol, p.'' EPA has made 
the appropriate change to read p-Cresol. The compound trichloropropane 
estimated value of 0.00025 mg/l was reported in the revised analyses on 
October 11, 2004, Combined Leachate Data, and thus it will not be 
deleted.
    Shell requested: (1) that the following constituents be deleted 
from Table 1--Wastes Excluded from Non-Specific Sources in the 
exclusion language to be consistent with Table I in Section III. D in 
the preamble of the proposed rule: Thallium, Acrylonitrile, Bis (2-
chlorethyl) ether, Bis (2-ethylhexyl) phthlate, Dichlorobenzene 1,3, 
Dimethoate, Dimethylphenol 2,4, Dinitrophenol, Dinitrotoluene 2,6, 
Diphenylhydrazine, Dichloroethylene 1,1, Kepone, Methacrylonitrile, 
Methanol, Nitrobenzene, Nitrosodiethylamine, Nitrosodimethylamine, 
Nitrosodi-n-butylamine, N-Nitrodi-n-propylamine, N-Nitrosopiperdine, N-

[[Page 49190]]

Nitrosopyrrolidine, N-Nitrosomethylethylamine, PCBs, Pentachlorophenol, 
Pyridine, Trichloropropane, Vinyl Chloride; and (2) that the compound 
phenanthrene should be added with a delisting level of 1.36 mg/L to be 
consistent with Table I in Section III. D.
    EPA has made the deletions as prescribed. EPA has added the 
compound phenanthrene with a delisting level of 1.36 mg/L to Table 1.--
Waste Excluded From Non-Specific Sources. EPA also added compounds 
toluene, fluorene, and vanadium because they were inadvertently left 
off of Table 1--Wastes Excluded from Non-Specific Sources.
    Shell noted that in the exclusion language paragraph (3)(A)(i) of 
Table 1--Waste Excluded from Non-Specific Sources, the number of 
samples to be collected within the first 60 days should be changed from 
eight to four. Also in paragraph (3)(B) for subsequent verification 
sampling, Shell Oil Company requested that the number of samples per 
quarter be changed from two to one. Previous discussions between EPA 
and Shell Oil Company were based on two different waste streams. Since 
this is one stream, EPA will allow the changes in the number of samples 
collected and the number of samples taken per quarter.
    In addition, on October 30, 2002, (67 FR 66251), EPA proposed the 
Methods Innovation Rule to remove from the regulations unnecessary 
requirements other than those considered to be Method Defined 
Parameters (MDP). An MDP is a method that, by definition or design, is 
the only one capable of measuring the particular property (e.g. Method 
1311-TCLP). Therefore, EPA is no longer generally requiring the use of 
only SW-846 methods for regulatory applications other than those 
involving MDPs. The general purpose of this rule is to allow more 
flexibility when conducting RCRA-related sampling and analysis 
activities. We retained only those methods considered to be MDPs in the 
regulations and incorporate them by reference in 40 CFR 260.11. EPA is 
changing Shell's delisting exclusion language found in paragraph (3) of 
the F039 exclusion language to reflect the generic language placed in 
all delisting exclusions as a result of the Methods Innovation Rule (70 
FR 34537) which was finalized on June 14, 2005.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this rule is not of general applicability 
and therefore is not a regulatory action subject to review by the 
Office of Management and Budget (OMB). This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a 
particular facility only. Because this rule is of particular 
applicability relating to a particular facility, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA). Because this rule will 
affect only a particular facility, it will not significantly or 
uniquely affect small governments, as specified in section 203 of UMRA. 
Because this rule will affect only a particular facility, this final 
rule does not have federalism implications. It will not 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, as 
specified in Executive Order 13132, ``Federalism,'' (64 FR 43255, 
August 10, 1999). Thus, Executive Order 13132 does not apply to this 
rule. Similarly, because this rule will affect only a particular 
facility, this final rule does not have tribal implications, as 
specified in Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, 
Executive Order 13175 does not apply to this rule. This rule also is 
not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant as defined in 
Executive Order 12866, and because the Agency does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children. The basis for this 
belief is that the Agency used the DRAS program, which considers health 
and safety risks to infants and children, to calculate the maximum 
allowable concentrations for this rule. This rule is not subject to 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866. This rule does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. As required by section 3 of Executive Order 12988, ``Civil 
Justice Reform,'' (61 FR 4729, February 7, 1996), in issuing this rule, 
EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. The Congressional Review Act, 5 U.S.C. 
801 et seq., as added by the Small Business Regulatory Enforcement 
Fairness Act of 1996, generally provides that before a rule may take 
effect, the agency promulgating the rule must submit a rule report 
which includes a copy of the rule to each House of the Congress and to 
the Comptroller General of the United States. Section 804 exempts from 
section 801 the following types of rules (1) rules of particular 
applicability; (2) rules relating to agency management or personnel; 
and (3) rules of agency organization, procedure, or practice that do 
not substantially affect the rights or obligations of non-agency 
parties 5 U.S.C. 804(3). EPA is not required to submit a rule report 
regarding today's action under section 801 because this is a rule of 
particular applicability.

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: August 10, 2005.
Carl E. Edlund,
Director, Multimedia Planning and Permitting Division, Region 6.

0
For the reasons set out in the preamble, 40 CFR part 261 is to be 
amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for Part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.


0
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. Sec.  260.20 and 
260.22

[[Page 49191]]



           Table 1.--Waste Excluded From Non-Specific Sources
------------------------------------------------------------------------
          Facility                  Address           Waste description
------------------------------------------------------------------------
 
                              * * * * * * *
Shell Oil Company..........  Deer Park, TX........  North Pond Sludge
                                                     (EPA Hazardous
                                                     Waste No. F037)
                                                     generated one time
                                                     at a volume of
                                                     15,000 cubic yards
                                                     August 23, 2005 and
                                                     disposed in a
                                                     Subtitle D
                                                     landfill. This is a
                                                     one time exclusion
                                                     and applies to
                                                     15,000 cubic yards
                                                     of North Pond
                                                     Sludge.
                                                    (1) Reopener:
                                                    (A) If, anytime
                                                     after disposal of
                                                     the delisted waste,
                                                     Shell possesses or
                                                     is otherwise made
                                                     aware of any
                                                     environmental data
                                                     (including but not
                                                     limited to leachate
                                                     data or ground
                                                     water 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 Shell fails
                                                     to submit the
                                                     information
                                                     described in
                                                     paragraph (A) 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 or the
                                                     environment.
                                                     Further action may
                                                     include suspending,
                                                     or revoking the
                                                     exclusion, or other
                                                     appropriate
                                                     response necessary
                                                     to protect human
                                                     health and the
                                                     environment.
                                                    (C) If the Division
                                                     Director determines
                                                     that the reported
                                                     information does
                                                     require EPA 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 EPA action
                                                     is not necessary.
                                                     The facility shall
                                                     have 10 days from
                                                     the date of the
                                                     Division Director's
                                                     notice to present
                                                     such information.
                                                    (D) Following the
                                                     receipt of
                                                     information from
                                                     the facility
                                                     described in
                                                     paragraph (C) or if
                                                     no information is
                                                     presented under
                                                     paragraph (C), the
                                                     Division Director
                                                     will issue a final
                                                     written
                                                     determination
                                                     describing the
                                                     actions that are
                                                     necessary to
                                                     protect human
                                                     health or the
                                                     environment. Any
                                                     required action
                                                     described in the
                                                     Division Director's
                                                     determination shall
                                                     become effective
                                                     immediately, unless
                                                     the Division
                                                     Director provides
                                                     otherwise.
                                                    (2) Notification
                                                     Requirements: Shell
                                                     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 they
                                                     will transport the
                                                     delisted waste
                                                     described above for
                                                     disposal, 60 days
                                                     before beginning
                                                     such activities.
                                                    (B) Update the one-
                                                     time written
                                                     notification, if
                                                     they ship the
                                                     delisted waste to 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.
Shell Oil Company..........  Deer Park, TX........  Multi-source
                                                     landfill leachate
                                                     (EPA Hazardous
                                                     Waste No. F039)
                                                     generated at a
                                                     maximum annual rate
                                                     of 3.36 million
                                                     gallons (16,619 cu.
                                                     yards) per calendar
                                                     year after August
                                                     23, 2005 and
                                                     disposed in
                                                     accordance with the
                                                     TPDES permit.
                                                    The delisting levels
                                                     set do not relieve
                                                     Shell Oil Company
                                                     of its duty to
                                                     comply with the
                                                     limits set in its
                                                     TPDES permit. For
                                                     the exclusion to be
                                                     valid, Shell Oil
                                                     Company must
                                                     implement a
                                                     verification
                                                     testing program
                                                     that meets the
                                                     following
                                                     paragraphs:
                                                    (1) Delisting
                                                     Levels: All total
                                                     concentrations for
                                                     those constituents
                                                     must not exceed the
                                                     following levels
                                                     (mg/l). The
                                                     petitioner must
                                                     analyze the aqueous
                                                     waste on a total
                                                     basis to measure
                                                     constituents in the
                                                     multi-source
                                                     landfill leachate.
                                                    Multi-source
                                                     landfill leachate
                                                     (i) Inorganic
                                                     Constituents
                                                     Antimony-0.0204;
                                                     Arsenic-0.385;
                                                     Barium-2.92; Copper-
                                                     418.00; Chromium-
                                                     5.0; Cobalt-2.25;
                                                     Nickel-1.13;
                                                     Selenium-0.0863;
                                                     Thallium-0.005;
                                                     Vanadium-0.838
                                                    (ii) Organic
                                                     Constituents
                                                     Acetone-1.46;
                                                     Acetophenone-1.58;
                                                     Benzene-0.0222; p-
                                                     Cresol-0.0788;
                                                     Bis(2-
                                                     ethylhexyl)phthlate-
                                                     15800.00;
                                                     Dichloroethane, 1,2-
                                                     0.0803;
                                                     Ethylbenzene-4.51;
                                                     Fluorene-1.87;
                                                     Napthalene-1.05;
                                                     Phenol-9.46;
                                                     Phenanthrene-1.36;
                                                     Pyridine-0.0146;
                                                     2,3,7,8-TCDD
                                                     equivalents as TEQ-
                                                     0.0000926; Toluene-
                                                     4.43;
                                                     Trichloropropane-
                                                     0.000574; Xylenes
                                                     (total)-97.60
                                                    (2) Waste
                                                     Management:
                                                    (A) Shell Oil
                                                     Company must manage
                                                     as hazardous all
                                                     multi-source
                                                     landfill leachate
                                                     generated, 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
                                                     multi-source
                                                     landfill leachate
                                                     that do not exceed
                                                     the levels set
                                                     forth in paragraph
                                                     (1) are non-
                                                     hazardous. Shell
                                                     Oil Company can
                                                     manage and dispose
                                                     of the non-
                                                     hazardous multi-
                                                     source landfill
                                                     leachate according
                                                     to all applicable
                                                     solid waste
                                                     regulations.
                                                    (C) If constituent
                                                     levels in a sample
                                                     exceed any of the
                                                     delisting levels
                                                     set in paragraph
                                                     (1), Shell Oil
                                                     Company can collect
                                                     one additional
                                                     sample and perform
                                                     expedited analyses
                                                     to verify if the
                                                     constituent exceeds
                                                     the delisting
                                                     level. If this
                                                     sample confirms the
                                                     exceedance, Shell
                                                     Oil Company must,
                                                     from that point
                                                     forward, treat the
                                                     waste as hazardous
                                                     until it is
                                                     demonstrated that
                                                     the waste again
                                                     meets the levels in
                                                     paragraph (1).
                                                    (D) If the facility
                                                     has not treated the
                                                     waste, Shell Oil
                                                     Company must manage
                                                     and dispose of the
                                                     waste generated
                                                     under Subtitle C of
                                                     RCRA from the time
                                                     that it becomes
                                                     aware of any
                                                     exceedance.

[[Page 49192]]

 
                                                    (E) 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),
                                                     Shell Oil Company
                                                     may proceed to
                                                     manage its multi-
                                                     source landfill
                                                     leachate as non-
                                                     hazardous waste. If
                                                     Subsequent
                                                     Verification
                                                     Testing indicates
                                                     an exceedance of
                                                     the delisting
                                                     levels in paragraph
                                                     (1), Shell Oil
                                                     Company must manage
                                                     the multi-source
                                                     landfill leachate
                                                     as a hazardous
                                                     waste until two
                                                     consecutive
                                                     quarterly testing
                                                     samples show levels
                                                     below the delisting
                                                     levels in Table I.
                                                    (3) Verification
                                                     Testing
                                                     Requirements: Shell
                                                     Oil Company 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 used must
                                                     meet Performance
                                                     Based Measurement
                                                     System Criteria in
                                                     which the Data
                                                     Quality Objectives
                                                     demonstrate that
                                                     representative
                                                     samples of the
                                                     Shell-Deer Park
                                                     multi-source
                                                     landfill leachate
                                                     are collected and
                                                     meet the delisting
                                                     levels in paragraph
                                                     (1).
                                                    (A) Initial
                                                     Verification
                                                     Testing: After EPA
                                                     grants the final
                                                     exclusion, Shell
                                                     Oil Company must do
                                                     the following:
                                                    (i) Within 60 days
                                                     of this exclusions
                                                     becoming final,
                                                     collect four
                                                     samples, before
                                                     disposal, of the
                                                     multi-source
                                                     landfill leachate.
                                                    (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,
                                                     Shell Oil Company
                                                     will report initial
                                                     verification
                                                     analytical test
                                                     data for the multi-
                                                     source landfill
                                                     leachate, 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
                                                     multi-source
                                                     landfill leachate
                                                     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 become
                                                     effective, Shell
                                                     Oil Company can
                                                     manage and dispose
                                                     of the multi-source
                                                     landfill leachate
                                                     according to all
                                                     applicable solid
                                                     waste regulations.
                                                    (B) Subsequent
                                                     Verification
                                                     Testing: Following
                                                     written
                                                     notification by
                                                     EPA, Shell Oil
                                                     Company may
                                                     substitute the
                                                     testing conditions
                                                     in (3)(B) for
                                                     (3)(A). Shell Oil
                                                     Company must
                                                     continue to monitor
                                                     operating
                                                     conditions, and
                                                     analyze one
                                                     representative
                                                     sample of the multi-
                                                     source landfill
                                                     leachate for each
                                                     quarter of
                                                     operation during
                                                     the first year of
                                                     waste generation.
                                                     The sample 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 multi-
                                                     source landfill
                                                     leachate. 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
                                                     being met, Shell
                                                     Oil Company may
                                                     then request that
                                                     EPA not require
                                                     quarterly testing.
                                                     After EPA notifies
                                                     Shell Oil Company
                                                     in writing, the
                                                     company may end
                                                     quarterly testing.
                                                    (ii) Following
                                                     cancellation of the
                                                     quarterly testing,
                                                     Shell Oil Company
                                                     must continue to
                                                     test a
                                                     representative
                                                     sample for all
                                                     constituents listed
                                                     in paragraph (1)
                                                     annually.
                                                    (4) Changes in
                                                     Operating
                                                     Conditions: If
                                                     Shell Oil Company
                                                     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
                                                     nonhazardous 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:
                                                     Shell Oil Company
                                                     must submit the
                                                     information
                                                     described below. If
                                                     Shell Oil Company
                                                     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
                                                     exclu