Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion, 76168-76174 [05-24367]
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Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Rules and Regulations
[FR Doc. 05–24363 Filed 12–22–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[FRL–8012–4]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion
Environmental Protection
Agency.
ACTION: Final rule.
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AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA or Agency) today is
granting a petition submitted by Saturn
Corporation in Spring Hill, Tennessee
(Saturn) to exclude (or ‘‘delist’’) a
certain hazardous waste from the lists of
hazardous wastes. Saturn generates the
petitioned waste, the wastewater
treatment plant (WWTP) sludge, by
treating wastewater from Saturn’s
chemical conversion coating of
aluminum. The waste so generated is a
wastewater treatment sludge that meets
the definition of F019. Saturn petitioned
EPA to grant a ‘‘generator-specific’’
delisting because Saturn believes that its
F019 waste does not meet the criteria for
which this type of waste was listed. EPA
reviewed all of the waste-specific
information provided by Saturn,
performed calculations, and determined
that the waste could be disposed in a
landfill without harming human health
and the environment. This action
responds to Saturn’s petition to delist
this waste on a generator-specific basis
from the hazardous waste lists, and to
public comments on the proposed rule.
EPA took into account the public
comments on the proposed rule before
setting the final delisting levels. Final
delisting levels in the waste leachate are
based on the EPA, Region 6’s Delisting
Risk Assessment Software. In
accordance with the conditions
specified in this final rule, Saturn’s
petitioned waste is excluded from the
requirements of hazardous waste
regulations under Subtitle C of the
Resource Conservation and Recovery
Act (RCRA).
DATES: Effective December 23, 2005.
ADDRESSES: The RCRA regulatory
docket for this final rule is located at the
EPA Library, U.S. Environmental
Protection Agency, Region 4, Sam Nunn
Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303, and
is available for viewing from 9 a.m. to
4 p.m., Monday through Friday,
excluding Federal holidays. The public
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may copy material from this regulatory
docket at $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For
general and technical information
concerning this final rule, please contact
Kris Lippert, RCRA Enforcement and
Compliance Branch (Mail Code 4WD–
RCRA), U.S. Environmental Protection
Agency, Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303, (404) 562–8605,
or call, toll free (800) 241–1754.
Questions may also be e-mailed to Ms.
Lippert at Lippert.kristin@epa.gov.
SUPPLEMENTARY INFORMATION: The
contents of today’s preamble are listed
in the following outline:
I. Background
A. What Is a Delisting Petition?
B. What Laws and Regulations Give EPA
the Authority to Delist Wastes?
C. What is the History of this Rulemaking?
II. Summary of Delisting Petition Submitted
by Saturn Corporation, Spring Hill,
Tennessee (Saturn)
A. What Waste Did Saturn Petition EPA to
Delist?
B. What Information Did Saturn Submit to
Support This Petition?
III. EPA’s Evaluation and Final Rule
A. What Decision Is EPA Finalizing and
Why?
B. What Are the Terms of This Exclusion?
C. When Is the Delisting Effective?
D. How Does This Action Affect the States?
IV. Public Comments Received on the
Proposed Exclusion
A. Who Submitted Comments on the
Proposed Rule?
B. Comments and Responses From EPA
V. Regulatory Impact
VI. Congressional Review Act
VII. Executive Order 12875
I. Background
A. What Is a Delisting Petition?
A delisting petition is a request made
by a hazardous waste generator to
exclude one or more of his/her wastes
from the lists of RCRA-regulated
hazardous wastes in §§ 261.31, 261.32,
and 261.33 of Title 40 of the Code of
Federal Regulations (40 CFR 261.31,
261.32, and 261.33). The regulatory
requirements for a delisting petition are
in 40 CFR 260.20 and 260.22. EPA,
Region 6 has prepared a guidance
manual, Region 6 Guidance Manual for
the Petitioner, which is recommended
by EPA Headquarters in Washington,
DC and all EPA Regions, and can be
down-loaded from Region 6’s Web Site
at the following URL address: https://
www.epa.gov/earth1r6/6pd/rcra_c/pd-o/
dlistpdf.htm.
B. What Laws and Regulations Give EPA
the Authority To Delist Wastes?
On January 16, 1981, as part of its
final and interim final regulations
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implementing section 3001 of RCRA,
EPA published an amended list of
hazardous wastes from non-specific and
specific sources. This list has been
amended several times, and is
published in 40 CFR 261.31 and 261.32.
These wastes are listed as hazardous
because they exhibit one or more of the
characteristics of hazardous wastes
identified in subpart C of part 261 (i.e.,
ignitability, corrosivity, reactivity, and
toxicity) or meet the criteria for listing
contained in § 261.11(a)(2) or (a)(3).
Discarded commercial chemical product
wastes which meet the listing criteria
are listed in § 261.33(e) and (f).
Individual waste streams may vary,
however, depending on raw materials,
industrial processes, and other factors.
Thus, while a waste that is described in
these regulations generally is hazardous,
a specific waste from an individual
facility meeting the listing description
may not be.
For this reason, §§ 260.20 and 260.22
provide an exclusion procedure,
allowing persons to demonstrate that a
specific waste from a particular
generating facility should not be
regulated as a hazardous waste.
To have their wastes excluded,
petitioners must show, first, that wastes
generated at their facilities do not meet
any of the criteria for which the wastes
were listed. See § 260.22(a) and the
background documents for the listed
wastes. Second, 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, that such factors do
not warrant retaining the waste as a
hazardous waste. Accordingly, a
petitioner also must demonstrate that
the waste does not exhibit any of the
hazardous waste characteristics (i.e.,
ignitability, reactivity, corrosivity, and
toxicity), and must present sufficient
information for the EPA to determine
whether the waste contains any other
toxicants at hazardous levels. See
§ 260.22(a), 42 U.S.C. 6921(f), and the
background documents for the listed
wastes. Although wastes which are
‘‘delisted’’ (i.e., excluded) have been
evaluated to determine whether or not
they exhibit any of the characteristics of
hazardous waste, generators remain
obligated under RCRA to determine
whether or not their wastes continue to
be nonhazardous based on the
hazardous waste characteristics (i.e.,
characteristics which may be
promulgated subsequent to a delisting
decision.).
In addition, residues from the
treatment, storage, or disposal of listed
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hazardous wastes and mixtures
containing listed hazardous wastes are
also considered hazardous wastes. See
40 CFR 261.3(a)(2)(iv) and (c)(2)(i),
referred to as the ‘‘mixture’’ and
‘‘derived-from’’ rules, respectively.
Such wastes are also eligible for
exclusion and remain hazardous wastes
until excluded. On December 6, 1991,
the U.S. Court of Appeals for the District
of Columbia vacated the ‘‘mixture/
derived-from’’ rules and remanded them
to the EPA on procedural grounds. Shell
Oil Co. v. EPA, 950 F.2d 741 (D.C. Cir.
1991). On March 3, 1992, EPA
reinstated the mixture and derived-from
rules, and solicited comments on other
ways to regulate waste mixtures and
residues (57 FR 7628). These rules
became final on October 30, 1992 (57 FR
49278), and should be consulted for
more information regarding waste
mixtures and solid wastes derived from
treatment, storage, or disposal of a
hazardous waste. The mixture and
derived-from rules are codified in 40
CFR 261.3 (b)(2) and (c)(2)(i). EPA plans
to address waste mixtures and residues
when the final portion of the Hazardous
Waste Identification Rule (HWIR) is
promulgated. On October 10, 1995, the
Administrator delegated to the Regional
Administrators the authority to evaluate
and approve or deny petitions
submitted in accordance with §§ 260.20
and 260.22 by generators within their
Regions (National Delegation of
Authority 8–19) in States not yet
authorized to administer a delisting
program in lieu of the Federal program.
On March 11, 1996, the Regional
Administrator of EPA, Region 4,
redelegated delisting authority to the
Director of the Waste Management
Division (Regional Delegation of
Authority 8–19).
C. What Is the History of This
Rulemaking?
Saturn manufactures Saturn
automobiles, and is seeking a delisting
for the WWTP sludge generated from
conversion coating on aluminum. The
WWTP sludge does not meet a
hazardous waste listing definition when
steel-only automobile bodies are
manufactured. However, the wastewater
treatment sludge generated at
automobile manufacturing plants where
aluminum is used as a component of
automobile bodies, meets the listing
definition F019 in § 261.31.
Saturn petitioned EPA, Region 4, on
December 13, 2004, to exclude this F019
waste on a generator-specific basis from
the lists of hazardous wastes in 40 CFR
part 261, subpart D.
The hazardous constituents of
concern for which F019 was listed are
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hexavalent chromium and cyanide
(complexed). Saturn petitioned the EPA
to exclude its F019 waste because
Saturn does not use either of these
constituents in the manufacturing
process. Therefore, Saturn does not
believe that the waste meets the criteria
of the listing. Saturn claims that its F019
waste will not be hazardous because the
constituents of concern for which F019
is listed will be present only at low
concentrations and will not leach out of
the waste at significant concentrations.
Saturn also believes that this waste will
not be hazardous for any other reason
(i.e., there will be no additional
constituents or factors that could cause
the waste to be hazardous). Review of
this petition included consideration of
the original listing criteria, as well as
the additional factors required by the
Hazardous and Solid Waste
Amendments (HSWA) of 1984. See
section 222 of HSWA, 42 U.S.C. 6921(f),
and 40 CFR 260.22(d)(2)–(4). As a result
of the EPA’s evaluation of Saturn’s
petition, the Agency is granting a
delisting to Saturn with conditions
described below, on December 23, 2005.
Today’s rulemaking addresses public
comments received on the proposed
rule and finalizes the proposed decision
to grant Saturn’s petition for delisting.
II. Summary of Delisting Petition
Submitted by Saturn Corporation,
Spring Hill, Tennessee (Saturn)
A. What Waste Did Saturn Petition EPA
to Delist?
Saturn petitioned EPA, Region 4, on
December 13, 2004, to exclude a
maximum annual weight of 3,000 cubic
yards of its F019 waste, on a generatorspecific basis, from the lists of
hazardous wastes in 40 CFR part 261,
subpart D. Saturn manufactures Saturn
automobiles, and is seeking a delisting
for the WWTP sludge that will be
generated by treating wastewater from
Saturn’s chemical conversion coating of
aluminum.
B. What Information Did Saturn Submit
To Support This Petition?
In support of its petition, also
described in the proposed rule on
August 31, 2005 (see 70 FR 51696–
51705, August 31, 2005), Saturn has
submitted laboratory analysis of its
WWTP sludge. The laboratory analysis
submitted includes the following: (1)
Analysis performed on samples of its
dewatered WWTP sludge taken and
analyzed by EPA (2) analysis of the
dewatered WWTP sludge performed by
Saturn on split samples provided to the
facility by EPA and (3) analysis of the
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dewatered WWTP sludge performed by
Saturn on samples taken by the facility.
The analysis performed by Saturn on
the split samples of the WWTP sludge
provided to the facility by EPA was
submitted for laboratory testing for the
entire 40 CFR part 264 Appendix IX
constituent list (including volatile
organic compounds (VOCs), semivolatile organic compounds (SVOCs),
metals, and PCBs) and hexavalent
chromium, TCLP metals, cyanide, and
total solids. Based on the laboratory
data, data validation results, and
Saturn’s communications with the EPA,
Saturn prepared a Sampling and
Analysis Plan which was submitted to
the EPA and approved.
In accordance with the approved
Sampling and Analysis Plan and to
support its petition, Saturn collected
additional WWTP sludge samples for
laboratory testing. The samples were
collected from six roll-off containers
representing waste generated at Saturn
over a seven-week period. The samples
were analyzed as follows: (1) Samples
for VOC analyses (total and TCLP) were
collected from six roll-off containers.
The first sample was analyzed for the 40
CFR part 264 Appendix IX VOC
constituent list (total and TCLP). VOCs
(total and TCLP) detected in the first
sample were tested in the samples
collected from the second through the
sixth roll-off containers. (2) Samples
from the six roll-off containers were
analyzed for total and TCLP bis(2ethylhexyl)phthalate. (3) Samples from
the six roll-off containers were analyzed
for total and TCLP metals (antimony,
arsenic, barium, beryllium, chromium,
cobalt, copper, lead, mercury, nickel,
thallium, tin, vanadium, and zinc) and
for hexavalent chromium. (4) Samples
from the six roll-off containers were
analyzed for corrosivity, total and TCLP
cyanide, ignitability, sulfide, oil and
grease, and total solids. The Toxicity
Characteristic Leaching Procedure
(TCLP), SW–846 Method 1311, was
used as the extraction procedure for
testing the volatile and semi-volatile
constituents of concerns. Leachable
metals were tested using the Extraction
Procedure for Oily Wastes (OWEP), SW–
846 Method 1330A. The pH of each
sample was measured using SW–846
Method 9045C, and a determination was
made that the waste was not ignitable,
corrosive, or reactive (see 40 CFR
261.21–261.23). Oil and grease was
analyzed using SW–846 Method 9071B,
total sulfide was tested using SW–846
Method 9034, and total cyanide was
performed using Method SW–846
Method 9012A.
Composite and grab samples of
dewatered WWTP sludge were collected
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in accordance with the approved
Sampling and Analysis Plan on August
19, 2004 and submitted for laboratory
testing.
Upon receipt of the laboratory testing
results, the data was validated by a third
party. The maximum values of
constituents detected in any sample of
the WWTP sludge or in a TCLP extract
of the WWTP sludge are summarized in
Table 1.
TABLE 1.—MAXIMUM TOTAL AND TCLP CONCENTRATIONS IN THE DEWATERED WWTP SLUDGE AND CORRESPONDING
DELISTING LIMITS
Maximum concentration observed1
Constituent
Total
(mg/kg)
Maximum allowable delisting level (3,000
cubic yards)
TCLP
(mg/l)
Total
(mg/kg)
TCLP
(mg/l)
Maximum allowable
groundwater concentration
(µg/l)
VOLATILE ORGANIC COMPOUNDS
Acetone ...............................
< 7.5 .........................
1.7 ...........................
141,000,000 ............
171 ..........................
3,750
51,400 .....................
0.146 .......................
1.50
374,000 ...................
312,000 ...................
10,400,000 ..............
16,200 .....................
10,300,000 ..............
3,320 .......................
84,400,000 ..............
56,300,000 ..............
500,000 ...................
1.82 .........................
2,430,000 ................
2,140 .......................
844,000,000 ............
9,850,000 ................
17,200,000 ..............
1,180,000 ................
0.494 .......................
0.224 .......................
100 ..........................
0.998 .......................
5.0 ...........................
3.71 .........................
NA ...........................
21,800 .....................
5.0 ...........................
0.195 .......................
67.8 .........................
0.211 .......................
NA ...........................
50.6 .........................
673 ..........................
8.63 .........................
6.0
5.0
2,000
4.0
100
NA
2,250
1,300
15.0
2.00
750
2.00
22,500
263
11,300
200
SEMI-VOLATILE ORGANIC COMPOUNDS
Bis(2-ethylhexyl)phthalate ...
< 25 ..........................
< 0.0050 ...................
METALS
Antimony .............................
Arsenic ................................
Barium .................................
Beryllium ..............................
Chromium ............................
Chromium (hexavalent) .......
Cobalt ..................................
Copper .................................
Lead ....................................
Mercury ...............................
Nickel ...................................
Thallium ...............................
Tin .......................................
Vanadium ............................
Zinc ......................................
Cyanide ...............................
56 ............................
< 50 ..........................
94 ............................
3.1 ...........................
1,310 J ....................
< 4.2 .........................
3.6 ...........................
91 ............................
108 ..........................
0.47 .........................
4,400 .......................
< 20 ..........................
< 100 ........................
9.9 J ........................
17,200 .....................
0.52 .........................
< 0.05 J ....................
< 0.02 .......................
< 0.35 .......................
< 0.029 .....................
< 0.16 .......................
NT ...........................
< 0.038 .....................
0.25 .........................
< 0.19 .......................
< 0.0006 ...................
24.2 J ......................
< 0.026 .....................
3.18 .........................
< 0.27 .......................
5.72 .........................
< 0.05 .......................
1 These levels represent the highest concentration of each constituent found in any one sample and do not necessarily represent the specific
levels found in one sample.
< Not detected at the specified concentration.
NA Not applicable.
NT Not tested.
J Estimated Concentration.
III. EPA’s Evaluation and Final Rule
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A. What Decision Is EPA Finalizing and
Why?
For reasons stated in both the
proposal and this final rule, EPA
believes that Saturn’s petitioned waste
should be excluded from hazardous
waste control. EPA, therefore, is
granting a final generator-specific
exclusion to Saturn, of Spring Hill,
Tennessee, for a maximum annual
generation rate of 3,000 cubic yards of
the waste described in its petition as
EPA Hazardous Waste Number F019.
This waste is required to undergo
verification testing before being
considered as excluded from Subtitle C
regulation. Requirements for waste to be
land disposed have been included in
this exclusion. The exclusion applies
only to the waste as described in
Saturn’s petition, dated December 2004.
Although management of the waste
covered by this petition is relieved from
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Subtitle C jurisdiction, the generator of
the delisted waste must either treat,
store, or dispose of the waste in an onsite facility, or ensure that the waste is
delivered to an off-site storage,
treatment, or disposal facility, either of
which is permitted, licensed or
registered by a State to manage
municipal or industrial solid waste.
Alternatively, the delisted waste may be
delivered to a facility that beneficially
uses or reuses, or legitimately recycles
or reclaims the waste, or treats the waste
prior to such beneficial use, reuse,
recycling, or reclamation. See 40 CFR
part 260, appendix I. Nonhazardous
waste management is subject to all
applicable Federal, state, and local
regulations.
B. What Are the Terms of This
Exclusion?
In the rule proposed on August 31,
2005 (see 70 FR 51696–51705, August
31, 2005), delisting levels were
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calculated using the Delisting Risk
Assessment Software program (DRAS), a
Windows-based software tool. The
DRAS estimated the potential release of
hazardous constituents from the
petitioned waste and predicted the risk
associated with those releases. The
DRAS uses EPA’s Composite Model for
Leachate Migration with Transformation
Products (EPACMTP) to predict the
potential for release of hazardous
constituents to groundwater from
landfilled wastes and subsequent
potential routes of exposure to a
receptor. In the DRAS model, the EPA
used the maximum estimated waste
volume and maximum reported total
and leachate concentrations in the
groundwater, soil, surface water or air.
The DRAS program back calculated a
maximum allowable concentration level
that would not exceed protective levels
in both the waste and the leachate for
each constituent at the annual waste
volume of 3,000 cubic yards.
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The maximum allowable levels for
constituents detected in the WWTP
sludge or the leachate from the sludge
are summarized in Table 1, above. Table
1 also includes the maximum allowable
levels in groundwater at a potential
receptor well, as evaluated by the
DRAS.
In conclusion, Saturn must dispose of
the WWTP sludge in a lined Subtitle D
landfill which is permitted, licensed, or
registered by a State to manage
industrial waste. This exclusion applies
only to a maximum annual volume of
3,000 cubic yards and is effective only
if all conditions contained in this rule
are satisfied. Specifically,
concentrations measured in the TCLP
(or OWEP, where appropriate) extract of
Saturn’s WWTP sludge must not exceed
the following levels (mg/l): antimony—
0.494; arsenic—0.224; total chromium—
3.71; lead—5.0; nickel—68; thallium—
0.211; and zinc—673.
If Saturn violates the terms and
conditions established in the exclusion,
the EPA will initiate procedures to
withdraw the exclusion. Where there is
an immediate threat to human health
and the environment, the EPA will
evaluate the need for enforcement
activities on a case-by-case basis.
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C. When Is the Delisting Effective?
This rule is effective on December 23,
2005. The Hazardous and Solid Waste
Amendments of 1984 amended section
3010 of RCRA to allow rules to become
effective in less than six months when
the regulated community does not need
the six-month period to come into
compliance. That is the case here,
because this rule reduces the existing
requirements for persons generating
hazardous wastes. In light of the
unnecessary hardship and expense that
would be imposed on this petitioner by
an effective date six months after
publication and the fact that a sixmonth deadline is not necessary to
achieve the purpose of section 3010,
EPA believes that this exclusion should
be effective immediately upon final
publication.
These reasons also provide a basis for
making this rule effective immediately,
upon final publication, under the
Administrative Procedure Act, pursuant
to 5 U.S.C. 553(d).
D. How Does This Action Affect the
States?
The final exclusion being granted
today is issued under the Federal RCRA
delisting program. States, however, are
allowed to impose their own non-RCRA
regulatory requirements that are more
stringent than EPA’s, pursuant to
section 3009 of RCRA. These more
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stringent requirements may include a
provision which prohibits a Federallyissued exclusion from taking effect in
the States. Because a petitioner’s waste
may be regulated under a dual system
(i.e., both Federal (RCRA) and State
(non-RCRA) programs), petitioners are
urged to contact State regulatory
authorities to determine the current
status of their wastes under the State
laws.
Furthermore, some States are
authorized to administer a delisting
program in lieu of the Federal program,
i.e., to make their own delisting
decisions. Therefore, this exclusion
does not apply in those authorized
States. If the petitioned waste will be
transported to and managed in any State
with delisting authorization, Saturn
must obtain delisting authorization from
that State before the waste may be
managed as nonhazardous in that State.
IV. Public Comments Received on the
Proposed Exclusion
A. Who Submitted Comments on the
Proposed Rule?
EPA received public comments on the
proposed rule published in 70 FR
51696–51705, August 31, 2005, from
Saturn Corporation, Spring Hill,
Tennessee (Saturn), the petitioner, and
Alliance of Automobile Manufacturers,
Washington, DC.
B. Comments and Responses From EPA
Comment: Saturn stated that it
supports EPA’s efforts to delist the
WWTP sludge generated at its Spring
Hill, Tennessee facility. In addition to
its support, Saturn also highlighted a
few minor typing errors as well as a few
minor wording changes for clarification
concerning the quarterly verification
sampling in Table 1 of Appendix IX to
part 261 as well as the submittals of the
quarterly and annual sampling
verification testing in Table 1 of
Appendix IX to Part 261.
Response: EPA incorporated Saturn’s
suggested minor typing errors and
clarifications into today’s final rule.
Comment: Alliance of Automobile
Manufacturers state that it is also in
support of EPA in granting this delisting
petition and that it believes that the
F019 listing itself should be revised to
exclude wastewater treatment sludges
from automotive industry conversion
coating on aluminum when hexavalent
chromium and cyanides are not used in
the process.
Response: Today’s final rule is sitespecific and waste-specific; it applies
only to Saturn’s plant in Spring Hill,
Tennessee, and only to the petitioned
waste. A revision of the F019 listing
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would require a separate rule-making.
EPA understands the Alliance’s concern
about the need to revise the F019 listing,
but is unable to address this concern at
this time.
V. Regulatory Impact
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a rule of general applicability and
therefore is not a ‘‘regulatory action’’
subject to review by the Office of
Management and Budget. Because this
action is a rule of particular
applicability relating to a 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)
(Pub. L. 104–4). Because the rule will
affect only one facility, it will not
significantly or uniquely affect small
governments, as specified in section 203
of UMRA, or communities of tribal
governments, as specified in Executive
Order 13084 (63 FR 27655, May 10,
1998). For the same reason, this rule
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 (64
FR 43255, August 10, 1999). This rule
also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997),
because it is not economically
significant. This rule does not involve
technical standards; thus, the
requirements of section 12(c) 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 (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. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the rule in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the executive order. 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.).
VI. Congressional Review Act
The Congressional Review Act (5
U.S.C. 801 et seq.) as added by the
Small Business Regulatory Enforcement
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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
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, the
Comptroller General of the United
States prior to publication of the final
rule in the Federal Register. This rule
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2). This rule will become
effective on the date of publication in
the Federal Register.
VII. Executive Order 12875
Under Executive Order 12875, EPA
may not issue a regulation that is not
required by statute and that creates a
mandate upon a state, local, or tribal
government, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by those governments. If
the mandate is unfunded, EPA must
provide to the Office of Management
and Budget a description of the extent
of EPA’s prior consultation with
representatives of affected state, local,
and tribal governments, the nature of
their concerns, copies of written
communications from the governments,
and a statement supporting the need to
issue the regulation. In addition,
Executive Order 12875 requires EPA to
develop an effective process permitting
elected officials and other
representatives of state, local, and tribal
governments ‘‘to provide meaningful
and timely input in the development of
regulatory proposals containing
significant unfunded mandates.’’
Today’s rule does not create a mandate
on state, local or tribal governments.
The rule does not impose any
enforceable duties on these entities.
Accordingly, the requirements of
section 1(a) of Executive Order 12875 do
not apply to this rule.
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: December 1, 2005.
Beverly H. Banister,
Acting Director, Waste Management Division.
For the reasons set out in the
preamble, 40 CFR part 261 is 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, part 261
add the following wastestream in
alphabetical order by facility to read as
follows:
I
Appendix IX to Part 261—Wastes
Excluded Under Secs. 260.20 and
260.22
TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Address
Waste description
*
Saturn Corporation .......
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Facility
*
*
Spring Hill, Tennessee ...........
*
*
*
*
Dewatered wastewater treatment plant (WWTP) sludge (EPA Hazardous Waste No.
F019) generated at a maximum rate of 3,000 cubic yards per calendar year. The
sludge must be disposed in a lined, Subtitle D landfill with leachate collection that
is licensed, permitted, or otherwise authorized to accept the delisted WWTP sludge
in accordance with 40 CFR part 258. The exclusion becomes effective on December 23, 2005.
For the exclusion to be valid, Saturn must implement a verification testing program
that meets the following conditions:
1. Delisting Levels: The constituent concentrations in an extract of the waste must not
exceed the following maximum allowable concentrations in mg/l: antimony—0.494;
arsenic—0.224; total chromium—3.71; lead—5.0; nickel—68; thallium—0.211; and
zinc—673. Sample collection and analyses, including quality control procedures,
must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW–846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW–846 methods might include Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A, (uses EPA
Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance
Based Measurement System Criteria in which the Data Quality Objectives are to
demonstrate that representative samples of Saturn’s sludge meet the delisting levels in this condition.
2. Waste Holding and Handling:
(a) Saturn must accumulate the hazardous waste dewatered WWTP sludge in accordance with the applicable regulations of 40 CFR 262.34 and continue to dispose
of the dewatered WWTP sludge as hazardous waste until the results of the first
quarterly verification testing are available.
(b) After the first quarterly verification sampling event described in Condition (3) has
been completed and the laboratory data demonstrates that no constituent is
present in the sample at a level which exceeds the delisting levels set in Condition
(1), Saturn can manage and dispose of the dewatered WWTP sludge as nonhazardous according to all applicable solid waste regulations.
(c) If constituent levels in any sample taken by Saturn exceed any of the delisting levels set in Condition (1), Saturn must do the following:
(i) Notify EPA in accordance with Condition (7) and
(ii) Manage and dispose the dewatered WWTP sludge as hazardous waste generated
under Subtitle C of RCRA.
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76173
TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
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Facility
Address
Waste description
3. Quarterly Testing Requirements: Upon this exclusion becoming final, Saturn may
perform quarterly analytical testing by sampling and analyzing the dewatered
WWTP sludge as follows:
(i) Collect one representative composite sample (consisting of four grab samples) of
the hazardous waste dewatered WWTP sludge at any time after EPA grants the
final delisting. In addition, collect the second, third, and fourth quarterly samples at
approximately ninety (90)-day intervals after EPA grants the final exclusion.
(ii) Analyze the samples for all constituents listed in Condition (1). Any roll-offs from
which the composite sample is taken exceeding the delisting levels listed in Condition (1) must be disposed as hazardous waste in a Subtitle C landfill.
(iii) Within forty-five (45) days after taking its first quarterly sample, Saturn will report
its first quarterly analytical test data to EPA and will include the certification statement required in condition (6). If levels of constituents measured in the sample of
the dewatered WWTP sludge do not exceed the levels set forth in Condition (1) of
this exclusion, Saturn can manage and dispose the nonhazardous dewatered
WWTP sludge according to all applicable solid waste regulations.
4. Annual Verification Testing:
(i) If Saturn completes the quarterly testing specified in Condition (3) above, and no
sample contains a constituent with a level which exceeds the limits set forth in
Condition (1), Saturn may begin annual verification testing on an annual basis. Saturn must collect and analyze one sample of the WWTP sludge on an annual basis
as follows: Saturn must test one representative composite sample of the dewatered
WWTP sludge for all constituents listed in Condition (1) at least once per calendar
year.
(ii) The sample collected for annual verification testing shall be a representative composite sample consisting of four grab samples that will be collected in accordance
with the appropriate methods described in Condition (1).
(iii) The sample for the annual testing for the second and subsequent annual testing
events shall be collected within the same calendar month as the first annual
verification sample. Saturn will report the results of the annual verification testing to
EPA on an annual basis and will include the certification statement required by
Condition (6).
5. Changes in Operating Conditions: Saturn must notify EPA in writing when significant changes in the manufacturing or wastewater treatment processes are implemented. EPA will determine whether these changes will result in additional constituents of concern. If so, EPA will notify Saturn in writing that Saturn’s sludge
must be managed as hazardous waste F019 until Saturn has demonstrated that
the wastes meet the delisting levels set forth in Condition (1) and any levels established by EPA for the additional constituents of concern, and Saturn has received
written approval from EPA. If EPA determines that the changes do not result in additional constituents of concern, EPA will notify Saturn, in writing, that Saturn must
verify that Saturn’s sludge continues to meet Condition (1) delisting levels.
6. Data Submittals: Saturn must submit data obtained through verification testing at
Saturn or as required by other conditions of this rule to: Chief, North Section,
RCRA Enforcement and Compliance Branch, Waste Management Division, U.S.
Environmental Protection Agency Region 4, Sam Nunn Atlanta Federal Center, 61
Forsyth Street SW., Atlanta, Georgia 30303. If Saturn fails to submit the required
data within the specified time or maintain the required records on-site for the specified time, the EPA, at its discretion, will consider this sufficient basis to re-open the
exclusion as described in Condition (7). Saturn must:
(A) Submit the data obtained through Condition (3) within the time specified. The
quarterly verification data must be submitted to EPA in accordance with Condition
(3). The annual verification data and certification statement of proper disposal must
be submitted to EPA annually upon the anniversary of the effective date of this exclusion. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12).
(B) Compile, Summarize, and Maintain Records: Saturn must compile, summarize,
and maintain at Saturn records of operating conditions and analytical data records
of analytical data from Condition (3), summarized, and maintained on-site for a
minimum of five years. Saturn must furnish these records and data when either the
EPA or the State of Tennessee requests them for inspection.
(C) Send along with all data a signed copy of the following certification statement, to
attest to the truth and accuracy of the data submitted: ‘‘I certify under penalty of
law that I have personally examined and am familiar with the information submitted
in this demonstration and all attached documents, and that, based on my inquiry of
those individuals immediately responsible for getting the information, I believe that
the submitted information is true, accurate, and complete. I am aware that there
are significant penalties for sending false information, including the possibility of
fine and imprisonment.’’
7. Reopener.
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TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
*
Address
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
42 CFR Part 50
RIN 0906–AA69
Simplification of the Grant Appeals
Process
Health Resources and Services
Administration, HHS.
ACTION: Final rule.
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AGENCY:
SUMMARY: The Department of Health and
Human Services (HHS) is amending
regulations to remove the Health
Resources and Services Administration
(HRSA) from the list of agencies which
require grantees to utilize an informal
appeals procedure for grant related
disputes subject to the departmental
appeal procedures. In doing so, HRSA
will simplify the appeals procedure for
aggrieved HRSA grantees by permitting
them direct access to the Departmental
Grant Appeals Board.
15:34 Dec 22, 2005
(A) If, at any time after disposal of the delisted waste, Saturn possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted WWTP sludge at Saturn indicating
that any constituent is at a level in the leachate higher than the specified delisting
level or TCLP regulatory level, then Saturn must report the data, in writing, to the
Regional Administrator within ten (10) days of first possessing or being made
aware of that data.
(B) Based upon the information described in Paragraph (A) and any other information
received from any source, the EPA Regional Administrator 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 Regional Administrator determines that the reported information does require EPA action, the Regional Administrator will notify Saturn in writing of the actions the Regional Administrator believes are necessary to protect human health
and the environment. The notification shall include a statement of the proposed action and a statement providing Saturn with an opportunity to present information as
to why the proposed EPA action is not necessary. Saturn shall have ten (10) days
from the date of the Regional Administrator’s notice to present the information.
(D) Following the receipt of information from Saturn, or if Saturn presents no further
information after 10 days, the Regional Administrator will issue a final written determination describing the EPA actions that are necessary to protect human health or
the environment. Any required action described in the Regional Administrator’s determination shall become effective immediately, unless the Regional Administrator
provides otherwise.
8. Notification Requirements: Before transporting the delisted waste, Saturn must provide a one-time written notification to any State Regulatory Agency to which or
through which it will transport the delisted WWTP sludge for disposal. The notification will be updated if Saturn transports the delisted WWTP sludge to a different
disposal facility. Failure to provide this notification will result in a violation of the
delisting variance and a possible revocation of the decision.
*
*
*
*
*
[FR Doc. 05–24367 Filed 12–22–05; 8:45 am]
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Waste description
Jkt 208001
This final rule is effective 30
days after December 23, 2005.
FOR FURTHER INFORMATION CONTACT: Gail
Lipton, Director, Division of Grants
Policy, HRSA, Room 11A–55, Parklawn
Bldg., 5600 Fishers Lane, Rockville, MD
20857.
SUPPLEMENTARY INFORMATION: When
HHS first established its Departmental
Grant Appeals Board (now the
Departmental Appeals Board), there was
no provision for the Department’s
subordinate agencies to first review the
disputed actions of officials prior to
appeal at the Departmental level.
However, it quickly became apparent
that a number of disputes could, and
would, be resolved quickly by informal
means if the grantees’ complaints were
surfaced to management levels within
the HHS subordinate agencies. As a
result, the regulations at 45 CFR part 16
were revised to permit subordinate
agencies to interpose an ‘‘informal’’
level of appeal prior to submission of an
appeal to the Departmental Appeals
Board. Various agencies in the Public
Health Service (which has since been
reorganized) instituted an intermediate
informal review process as is currently
described in 42 CFR part 50, subpart D.
The intermediate level of appeal
DATES:
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provided these agencies with an
opportunity to relatively quickly and
economically reverse erroneous Federal
decisions, or to reassure grantees that a
decision adverse to them was indeed an
‘‘agency’’ decision. At the time these
regulations were instituted, this
informal process was of significant
benefit to both grantees and the
subordinate agencies. Based on the
lessons learned from this process and
other means, HRSA instituted a policy
of reviewing carefully the adverse
determinations of their employees prior
to permitting them to be issued so as to
avoid erroneous determinations which
would be subject to reversal upon
appeal at the informal level. HRSA
believes that it has reached the point
where the adverse determinations being
issued in recent years generally
represent its best judgment.
HHS therefore believes that, for these
agencies and their grantees, this
informal process is no longer of benefit,
and the cost in time and expense to the
grantee is no longer warranted.
Consequently, HHS proposed amending
42 CFR part 50, subpart D, to remove
HRSA from the list of agencies to which
the regulations apply. As a result, under
this proposal, grantees wishing to
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]]>Agencies
[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Rules and Regulations]
[Pages 76168-76174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24367]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-8012-4]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) today is
granting a petition submitted by Saturn Corporation in Spring Hill,
Tennessee (Saturn) to exclude (or ``delist'') a certain hazardous waste
from the lists of hazardous wastes. Saturn generates the petitioned
waste, the wastewater treatment plant (WWTP) sludge, by treating
wastewater from Saturn's chemical conversion coating of aluminum. The
waste so generated is a wastewater treatment sludge that meets the
definition of F019. Saturn petitioned EPA to grant a ``generator-
specific'' delisting because Saturn believes that its F019 waste does
not meet the criteria for which this type of waste was listed. EPA
reviewed all of the waste-specific information provided by Saturn,
performed calculations, and determined that the waste could be disposed
in a landfill without harming human health and the environment. This
action responds to Saturn's petition to delist this waste on a
generator-specific basis from the hazardous waste lists, and to public
comments on the proposed rule. EPA took into account the public
comments on the proposed rule before setting the final delisting
levels. Final delisting levels in the waste leachate are based on the
EPA, Region 6's Delisting Risk Assessment Software. In accordance with
the conditions specified in this final rule, Saturn's petitioned waste
is excluded from the requirements of hazardous waste regulations under
Subtitle C of the Resource Conservation and Recovery Act (RCRA).
DATES: Effective December 23, 2005.
ADDRESSES: The RCRA regulatory docket for this final rule is located at
the EPA Library, U.S. Environmental Protection Agency, Region 4, Sam
Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia
30303, and is available for viewing from 9 a.m. to 4 p.m., Monday
through Friday, excluding Federal holidays. The public may copy
material from this regulatory docket at $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For general and technical information
concerning this final rule, please contact Kris Lippert, RCRA
Enforcement and Compliance Branch (Mail Code 4WD-RCRA), U.S.
Environmental Protection Agency, Region 4, Sam Nunn Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8605,
or call, toll free (800) 241-1754. Questions may also be e-mailed to
Ms. Lippert at Lippert.kristin@epa.gov.
SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed
in the following outline:
I. Background
A. What Is a Delisting Petition?
B. What Laws and Regulations Give EPA the Authority to Delist
Wastes?
C. What is the History of this Rulemaking?
II. Summary of Delisting Petition Submitted by Saturn Corporation,
Spring Hill, Tennessee (Saturn)
A. What Waste Did Saturn Petition EPA to Delist?
B. What Information Did Saturn Submit to Support This Petition?
III. EPA's Evaluation and Final Rule
A. What Decision Is EPA Finalizing and Why?
B. What Are the Terms of This Exclusion?
C. When Is the Delisting Effective?
D. How Does This Action Affect the States?
IV. Public Comments Received on the Proposed Exclusion
A. Who Submitted Comments on the Proposed Rule?
B. Comments and Responses From EPA
V. Regulatory Impact
VI. Congressional Review Act
VII. Executive Order 12875
I. Background
A. What Is a Delisting Petition?
A delisting petition is a request made by a hazardous waste
generator to exclude one or more of his/her wastes from the lists of
RCRA-regulated hazardous wastes in Sec. Sec. 261.31, 261.32, and
261.33 of Title 40 of the Code of Federal Regulations (40 CFR 261.31,
261.32, and 261.33). The regulatory requirements for a delisting
petition are in 40 CFR 260.20 and 260.22. EPA, Region 6 has prepared a
guidance manual, Region 6 Guidance Manual for the Petitioner, which is
recommended by EPA Headquarters in Washington, DC and all EPA Regions,
and can be down-loaded from Region 6's Web Site at the following URL
address: https://www.epa.gov/earth1r6/6pd/rcra_c/pd-o/dlistpdf.htm.
B. What Laws and Regulations Give EPA the Authority To Delist Wastes?
On January 16, 1981, as part of its final and interim final
regulations implementing section 3001 of RCRA, EPA published an amended
list of hazardous wastes from non-specific and specific sources. This
list has been amended several times, and is published in 40 CFR 261.31
and 261.32. These wastes are listed as hazardous because they exhibit
one or more of the characteristics of hazardous wastes identified in
subpart C of part 261 (i.e., ignitability, corrosivity, reactivity, and
toxicity) or meet the criteria for listing contained in Sec.
261.11(a)(2) or (a)(3). Discarded commercial chemical product wastes
which meet the listing criteria are listed in Sec. 261.33(e) and (f).
Individual waste streams may vary, however, depending on raw
materials, industrial processes, and other factors. Thus, while a waste
that is described in these regulations generally is hazardous, a
specific waste from an individual facility meeting the listing
description may not be.
For this reason, Sec. Sec. 260.20 and 260.22 provide an exclusion
procedure, allowing persons to demonstrate that a specific waste from a
particular generating facility should not be regulated as a hazardous
waste.
To have their wastes excluded, petitioners must show, first, that
wastes generated at their facilities do not meet any of the criteria
for which the wastes were listed. See Sec. 260.22(a) and the
background documents for the listed wastes. Second, 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,
that such factors do not warrant retaining the waste as a hazardous
waste. Accordingly, a petitioner also must demonstrate that the waste
does not exhibit any of the hazardous waste characteristics (i.e.,
ignitability, reactivity, corrosivity, and toxicity), and must present
sufficient information for the EPA to determine whether the waste
contains any other toxicants at hazardous levels. See Sec. 260.22(a),
42 U.S.C. 6921(f), and the background documents for the listed wastes.
Although wastes which are ``delisted'' (i.e., excluded) have been
evaluated to determine whether or not they exhibit any of the
characteristics of hazardous waste, generators remain obligated under
RCRA to determine whether or not their wastes continue to be
nonhazardous based on the hazardous waste characteristics (i.e.,
characteristics which may be promulgated subsequent to a delisting
decision.).
In addition, residues from the treatment, storage, or disposal of
listed
[[Page 76169]]
hazardous wastes and mixtures containing listed hazardous wastes are
also considered hazardous wastes. See 40 CFR 261.3(a)(2)(iv) and
(c)(2)(i), referred to as the ``mixture'' and ``derived-from'' rules,
respectively.
Such wastes are also eligible for exclusion and remain hazardous
wastes until excluded. On December 6, 1991, the U.S. Court of Appeals
for the District of Columbia vacated the ``mixture/derived-from'' rules
and remanded them to the EPA on procedural grounds. Shell Oil Co. v.
EPA, 950 F.2d 741 (D.C. Cir. 1991). On March 3, 1992, EPA reinstated
the mixture and derived-from rules, and solicited comments on other
ways to regulate waste mixtures and residues (57 FR 7628). These rules
became final on October 30, 1992 (57 FR 49278), and should be consulted
for more information regarding waste mixtures and solid wastes derived
from treatment, storage, or disposal of a hazardous waste. The mixture
and derived-from rules are codified in 40 CFR 261.3 (b)(2) and
(c)(2)(i). EPA plans to address waste mixtures and residues when the
final portion of the Hazardous Waste Identification Rule (HWIR) is
promulgated. On October 10, 1995, the Administrator delegated to the
Regional Administrators the authority to evaluate and approve or deny
petitions submitted in accordance with Sec. Sec. 260.20 and 260.22 by
generators within their Regions (National Delegation of Authority 8-19)
in States not yet authorized to administer a delisting program in lieu
of the Federal program. On March 11, 1996, the Regional Administrator
of EPA, Region 4, redelegated delisting authority to the Director of
the Waste Management Division (Regional Delegation of Authority 8-19).
C. What Is the History of This Rulemaking?
Saturn manufactures Saturn automobiles, and is seeking a delisting
for the WWTP sludge generated from conversion coating on aluminum. The
WWTP sludge does not meet a hazardous waste listing definition when
steel-only automobile bodies are manufactured. However, the wastewater
treatment sludge generated at automobile manufacturing plants where
aluminum is used as a component of automobile bodies, meets the listing
definition F019 in Sec. 261.31.
Saturn petitioned EPA, Region 4, on December 13, 2004, to exclude
this F019 waste on a generator-specific basis from the lists of
hazardous wastes in 40 CFR part 261, subpart D.
The hazardous constituents of concern for which F019 was listed are
hexavalent chromium and cyanide (complexed). Saturn petitioned the EPA
to exclude its F019 waste because Saturn does not use either of these
constituents in the manufacturing process. Therefore, Saturn does not
believe that the waste meets the criteria of the listing. Saturn claims
that its F019 waste will not be hazardous because the constituents of
concern for which F019 is listed will be present only at low
concentrations and will not leach out of the waste at significant
concentrations. Saturn also believes that this waste will not be
hazardous for any other reason (i.e., there will be no additional
constituents or factors that could cause the waste to be hazardous).
Review of this petition included consideration of the original listing
criteria, as well as the additional factors required by the Hazardous
and Solid Waste Amendments (HSWA) of 1984. See section 222 of HSWA, 42
U.S.C. 6921(f), and 40 CFR 260.22(d)(2)-(4). As a result of the EPA's
evaluation of Saturn's petition, the Agency is granting a delisting to
Saturn with conditions described below, on December 23, 2005. Today's
rulemaking addresses public comments received on the proposed rule and
finalizes the proposed decision to grant Saturn's petition for
delisting.
II. Summary of Delisting Petition Submitted by Saturn Corporation,
Spring Hill, Tennessee (Saturn)
A. What Waste Did Saturn Petition EPA to Delist?
Saturn petitioned EPA, Region 4, on December 13, 2004, to exclude a
maximum annual weight of 3,000 cubic yards of its F019 waste, on a
generator-specific basis, from the lists of hazardous wastes in 40 CFR
part 261, subpart D. Saturn manufactures Saturn automobiles, and is
seeking a delisting for the WWTP sludge that will be generated by
treating wastewater from Saturn's chemical conversion coating of
aluminum.
B. What Information Did Saturn Submit To Support This Petition?
In support of its petition, also described in the proposed rule on
August 31, 2005 (see 70 FR 51696-51705, August 31, 2005), Saturn has
submitted laboratory analysis of its WWTP sludge. The laboratory
analysis submitted includes the following: (1) Analysis performed on
samples of its dewatered WWTP sludge taken and analyzed by EPA (2)
analysis of the dewatered WWTP sludge performed by Saturn on split
samples provided to the facility by EPA and (3) analysis of the
dewatered WWTP sludge performed by Saturn on samples taken by the
facility.
The analysis performed by Saturn on the split samples of the WWTP
sludge provided to the facility by EPA was submitted for laboratory
testing for the entire 40 CFR part 264 Appendix IX constituent list
(including volatile organic compounds (VOCs), semi-volatile organic
compounds (SVOCs), metals, and PCBs) and hexavalent chromium, TCLP
metals, cyanide, and total solids. Based on the laboratory data, data
validation results, and Saturn's communications with the EPA, Saturn
prepared a Sampling and Analysis Plan which was submitted to the EPA
and approved.
In accordance with the approved Sampling and Analysis Plan and to
support its petition, Saturn collected additional WWTP sludge samples
for laboratory testing. The samples were collected from six roll-off
containers representing waste generated at Saturn over a seven-week
period. The samples were analyzed as follows: (1) Samples for VOC
analyses (total and TCLP) were collected from six roll-off containers.
The first sample was analyzed for the 40 CFR part 264 Appendix IX VOC
constituent list (total and TCLP). VOCs (total and TCLP) detected in
the first sample were tested in the samples collected from the second
through the sixth roll-off containers. (2) Samples from the six roll-
off containers were analyzed for total and TCLP bis(2-
ethylhexyl)phthalate. (3) Samples from the six roll-off containers were
analyzed for total and TCLP metals (antimony, arsenic, barium,
beryllium, chromium, cobalt, copper, lead, mercury, nickel, thallium,
tin, vanadium, and zinc) and for hexavalent chromium. (4) Samples from
the six roll-off containers were analyzed for corrosivity, total and
TCLP cyanide, ignitability, sulfide, oil and grease, and total solids.
The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method
1311, was used as the extraction procedure for testing the volatile and
semi-volatile constituents of concerns. Leachable metals were tested
using the Extraction Procedure for Oily Wastes (OWEP), SW-846 Method
1330A. The pH of each sample was measured using SW-846 Method 9045C,
and a determination was made that the waste was not ignitable,
corrosive, or reactive (see 40 CFR 261.21-261.23). Oil and grease was
analyzed using SW-846 Method 9071B, total sulfide was tested using SW-
846 Method 9034, and total cyanide was performed using Method SW-846
Method 9012A.
Composite and grab samples of dewatered WWTP sludge were collected
[[Page 76170]]
in accordance with the approved Sampling and Analysis Plan on August
19, 2004 and submitted for laboratory testing.
Upon receipt of the laboratory testing results, the data was
validated by a third party. The maximum values of constituents detected
in any sample of the WWTP sludge or in a TCLP extract of the WWTP
sludge are summarized in Table 1.
Table 1.--Maximum Total and TCLP Concentrations in the Dewatered WWTP Sludge and Corresponding Delisting Limits
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum concentration observed\1\ Maximum allowable delisting level (3,000 cubic yards)
Constituent -------------------------------------------------------------------------------------------------------------------------------- Maximum allowable groundwater
Total (mg/kg) TCLP (mg/l) Total (mg/kg) TCLP (mg/l) concentration ([mu]g/l)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Volatile Organic Compounds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Acetone.......................... < 7.5......................... 1.7........................... 141,000,000................... 171........................... 3,750
----------------------------------
Semi-Volatile Organic Compounds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Bis(2-ethylhexyl)phthalate....... < 25.......................... < 0.0050...................... 51,400........................ 0.146......................... 1.50
----------------------------------
Metals
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Antimony......................... 56............................ < 0.05 J...................... 374,000....................... 0.494......................... 6.0
Arsenic.......................... < 50.......................... < 0.02........................ 312,000....................... 0.224......................... 5.0
Barium........................... 94............................ < 0.35........................ 10,400,000.................... 100........................... 2,000
Beryllium........................ 3.1........................... < 0.029....................... 16,200........................ 0.998......................... 4.0
Chromium......................... 1,310 J....................... < 0.16........................ 10,300,000.................... 5.0........................... 100
Chromium (hexavalent)............ < 4.2......................... NT............................ 3,320......................... 3.71.......................... NA
Cobalt........................... 3.6........................... < 0.038....................... 84,400,000.................... NA............................ 2,250
Copper........................... 91............................ 0.25.......................... 56,300,000.................... 21,800........................ 1,300
Lead............................. 108........................... < 0.19........................ 500,000....................... 5.0........................... 15.0
Mercury.......................... 0.47.......................... < 0.0006...................... 1.82.......................... 0.195......................... 2.00
Nickel........................... 4,400......................... 24.2 J........................ 2,430,000..................... 67.8.......................... 750
Thallium......................... < 20.......................... < 0.026....................... 2,140......................... 0.211......................... 2.00
Tin.............................. < 100......................... 3.18.......................... 844,000,000................... NA............................ 22,500
Vanadium......................... 9.9 J......................... < 0.27........................ 9,850,000..................... 50.6.......................... 263
Zinc............................. 17,200........................ 5.72.......................... 17,200,000.................... 673........................... 11,300
Cyanide.......................... 0.52.......................... < 0.05........................ 1,180,000..................... 8.63.......................... 200
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These levels represent the highest concentration of each constituent found in any one sample and do not necessarily represent the specific levels found in one sample.
< Not detected at the specified concentration.
NA Not applicable.
NT Not tested.
J Estimated Concentration.
III. EPA's Evaluation and Final Rule
A. What Decision Is EPA Finalizing and Why?
For reasons stated in both the proposal and this final rule, EPA
believes that Saturn's petitioned waste should be excluded from
hazardous waste control. EPA, therefore, is granting a final generator-
specific exclusion to Saturn, of Spring Hill, Tennessee, for a maximum
annual generation rate of 3,000 cubic yards of the waste described in
its petition as EPA Hazardous Waste Number F019. This waste is required
to undergo verification testing before being considered as excluded
from Subtitle C regulation. Requirements for waste to be land disposed
have been included in this exclusion. The exclusion applies only to the
waste as described in Saturn's petition, dated December 2004.
Although management of the waste covered by this petition is
relieved from Subtitle C jurisdiction, the generator of the delisted
waste must either treat, store, or dispose of the waste in an on-site
facility, or ensure that the waste is delivered to an off-site storage,
treatment, or disposal facility, either of which is permitted, licensed
or registered by a State to manage municipal or industrial solid waste.
Alternatively, the delisted waste may be delivered to a facility that
beneficially uses or reuses, or legitimately recycles or reclaims the
waste, or treats the waste prior to such beneficial use, reuse,
recycling, or reclamation. See 40 CFR part 260, appendix I.
Nonhazardous waste management is subject to all applicable Federal,
state, and local regulations.
B. What Are the Terms of This Exclusion?
In the rule proposed on August 31, 2005 (see 70 FR 51696-51705,
August 31, 2005), delisting levels were calculated using the Delisting
Risk Assessment Software program (DRAS), a Windows-based software tool.
The DRAS estimated the potential release of hazardous constituents from
the petitioned waste and predicted the risk associated with those
releases. The DRAS uses EPA's Composite Model for Leachate Migration
with Transformation Products (EPACMTP) to predict the potential for
release of hazardous constituents to groundwater from landfilled wastes
and subsequent potential routes of exposure to a receptor. In the DRAS
model, the EPA used the maximum estimated waste volume and maximum
reported total and leachate concentrations in the groundwater, soil,
surface water or air. The DRAS program back calculated a maximum
allowable concentration level that would not exceed protective levels
in both the waste and the leachate for each constituent at the annual
waste volume of 3,000 cubic yards.
[[Page 76171]]
The maximum allowable levels for constituents detected in the WWTP
sludge or the leachate from the sludge are summarized in Table 1,
above. Table 1 also includes the maximum allowable levels in
groundwater at a potential receptor well, as evaluated by the DRAS.
In conclusion, Saturn must dispose of the WWTP sludge in a lined
Subtitle D landfill which is permitted, licensed, or registered by a
State to manage industrial waste. This exclusion applies only to a
maximum annual volume of 3,000 cubic yards and is effective only if all
conditions contained in this rule are satisfied. Specifically,
concentrations measured in the TCLP (or OWEP, where appropriate)
extract of Saturn's WWTP sludge must not exceed the following levels
(mg/l): antimony--0.494; arsenic--0.224; total chromium--3.71; lead--
5.0; nickel--68; thallium--0.211; and zinc--673.
If Saturn violates the terms and conditions established in the
exclusion, the EPA will initiate procedures to withdraw the exclusion.
Where there is an immediate threat to human health and the environment,
the EPA will evaluate the need for enforcement activities on a case-by-
case basis.
C. When Is the Delisting Effective?
This rule is effective on December 23, 2005. The Hazardous and
Solid Waste Amendments of 1984 amended section 3010 of RCRA to allow
rules to become effective in less than six months when the regulated
community does not need the six-month period to come into compliance.
That is the case here, because this rule reduces the existing
requirements for persons generating hazardous wastes. In light of the
unnecessary hardship and expense that would be imposed on this
petitioner by an effective date six months after publication and the
fact that a six-month deadline is not necessary to achieve the purpose
of section 3010, EPA believes that this exclusion should be effective
immediately upon final publication.
These reasons also provide a basis for making this rule effective
immediately, upon final publication, under the Administrative Procedure
Act, pursuant to 5 U.S.C. 553(d).
D. How Does This Action Affect the States?
The final exclusion being granted today is issued under the Federal
RCRA delisting program. States, however, are allowed to impose their
own non-RCRA regulatory requirements that are more stringent than
EPA's, pursuant to section 3009 of RCRA. These more stringent
requirements may include a provision which prohibits a Federally-issued
exclusion from taking effect in the States. Because a petitioner's
waste may be regulated under a dual system (i.e., both Federal (RCRA)
and State (non-RCRA) programs), petitioners are urged to contact State
regulatory authorities to determine the current status of their wastes
under the State laws.
Furthermore, some States are authorized to administer a delisting
program in lieu of the Federal program, i.e., to make their own
delisting decisions. Therefore, this exclusion does not apply in those
authorized States. If the petitioned waste will be transported to and
managed in any State with delisting authorization, Saturn must obtain
delisting authorization from that State before the waste may be managed
as nonhazardous in that State.
IV. Public Comments Received on the Proposed Exclusion
A. Who Submitted Comments on the Proposed Rule?
EPA received public comments on the proposed rule published in 70
FR 51696-51705, August 31, 2005, from Saturn Corporation, Spring Hill,
Tennessee (Saturn), the petitioner, and Alliance of Automobile
Manufacturers, Washington, DC.
B. Comments and Responses From EPA
Comment: Saturn stated that it supports EPA's efforts to delist the
WWTP sludge generated at its Spring Hill, Tennessee facility. In
addition to its support, Saturn also highlighted a few minor typing
errors as well as a few minor wording changes for clarification
concerning the quarterly verification sampling in Table 1 of Appendix
IX to part 261 as well as the submittals of the quarterly and annual
sampling verification testing in Table 1 of Appendix IX to Part 261.
Response: EPA incorporated Saturn's suggested minor typing errors
and clarifications into today's final rule.
Comment: Alliance of Automobile Manufacturers state that it is also
in support of EPA in granting this delisting petition and that it
believes that the F019 listing itself should be revised to exclude
wastewater treatment sludges from automotive industry conversion
coating on aluminum when hexavalent chromium and cyanides are not used
in the process.
Response: Today's final rule is site-specific and waste-specific;
it applies only to Saturn's plant in Spring Hill, Tennessee, and only
to the petitioned waste. A revision of the F019 listing would require a
separate rule-making. EPA understands the Alliance's concern about the
need to revise the F019 listing, but is unable to address this concern
at this time.
V. Regulatory Impact
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a rule of general applicability and therefore is not a
``regulatory action'' subject to review by the Office of Management and
Budget. Because this action is a rule of particular applicability
relating to a 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) (Pub. L. 104-4). Because the rule will affect only one
facility, it will not significantly or uniquely affect small
governments, as specified in section 203 of UMRA, or communities of
tribal governments, as specified in Executive Order 13084 (63 FR 27655,
May 10, 1998). For the same reason, this rule 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 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This rule does not involve
technical standards; thus, the requirements of section 12(c) 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
(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. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. 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.).
VI. Congressional Review Act
The Congressional Review Act (5 U.S.C. 801 et seq.) as added by the
Small Business Regulatory Enforcement
[[Page 76172]]
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 Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, the Comptroller General of the
United States prior to publication of the final rule in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will become effective on the date of publication in
the Federal Register.
VII. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a state, local,
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
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: December 1, 2005.
Beverly H. Banister,
Acting Director, Waste Management Division.
0
For the reasons set out in the preamble, 40 CFR part 261 is 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, part 261 add the following wastestream in
alphabetical order by facility to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22
Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Saturn Corporation.................. Spring Hill, Tennessee...................... Dewatered wastewater
treatment plant (WWTP)
sludge (EPA Hazardous Waste
No. F019) generated at a
maximum rate of 3,000 cubic
yards per calendar year.
The sludge must be disposed
in a lined, Subtitle D
landfill with leachate
collection that is
licensed, permitted, or
otherwise authorized to
accept the delisted WWTP
sludge in accordance with
40 CFR part 258. The
exclusion becomes effective
on December 23, 2005.
For the exclusion to be
valid, Saturn must
implement a verification
testing program that meets
the following conditions:
1. Delisting Levels: The
constituent concentrations
in an extract of the waste
must not exceed the
following maximum allowable
concentrations in mg/l:
antimony--0.494; arsenic--
0.224; total chromium--
3.71; lead--5.0; nickel--
68; thallium--0.211; and
zinc--673. Sample
collection and analyses,
including quality control
procedures, must be
performed using appropriate
methods. As applicable to
the method-defined
parameters of concern,
analyses requiring the use
of SW-846 methods
incorporated by reference
in 40 CFR 260.11 must be
used without substitution.
As applicable, the SW-846
methods might include
Methods 0010, 0011, 0020,
0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061,
1010A, 1020B, 1110A, 1310B,
1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA
Method 1664, Rev. A),
9071B, and 9095B. Methods
must meet Performance Based
Measurement System Criteria
in which the Data Quality
Objectives are to
demonstrate that
representative samples of
Saturn's sludge meet the
delisting levels in this
condition.
2. Waste Holding and
Handling:
(a) Saturn must accumulate
the hazardous waste
dewatered WWTP sludge in
accordance with the
applicable regulations of
40 CFR 262.34 and continue
to dispose of the dewatered
WWTP sludge as hazardous
waste until the results of
the first quarterly
verification testing are
available.
(b) After the first
quarterly verification
sampling event described in
Condition (3) has been
completed and the
laboratory data
demonstrates that no
constituent is present in
the sample at a level which
exceeds the delisting
levels set in Condition
(1), Saturn can manage and
dispose of the dewatered
WWTP sludge as nonhazardous
according to all applicable
solid waste regulations.
(c) If constituent levels in
any sample taken by Saturn
exceed any of the delisting
levels set in Condition
(1), Saturn must do the
following:
(i) Notify EPA in accordance
with Condition (7) and
(ii) Manage and dispose the
dewatered WWTP sludge as
hazardous waste generated
under Subtitle C of RCRA.
[[Page 76173]]
3. Quarterly Testing
Requirements: Upon this
exclusion becoming final,
Saturn may perform
quarterly analytical
testing by sampling and
analyzing the dewatered
WWTP sludge as follows:
(i) Collect one
representative composite
sample (consisting of four
grab samples) of the
hazardous waste dewatered
WWTP sludge at any time
after EPA grants the final
delisting. In addition,
collect the second, third,
and fourth quarterly
samples at approximately
ninety (90)-day intervals
after EPA grants the final
exclusion.
(ii) Analyze the samples for
all constituents listed in
Condition (1). Any roll-
offs from which the
composite sample is taken
exceeding the delisting
levels listed in Condition
(1) must be disposed as
hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45)
days after taking its first
quarterly sample, Saturn
will report its first
quarterly analytical test
data to EPA and will
include the certification
statement required in
condition (6). If levels of
constituents measured in
the sample of the dewatered
WWTP sludge do not exceed
the levels set forth in
Condition (1) of this
exclusion, Saturn can
manage and dispose the
nonhazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
4. Annual Verification
Testing:
(i) If Saturn completes the
quarterly testing specified
in Condition (3) above, and
no sample contains a
constituent with a level
which exceeds the limits
set forth in Condition (1),
Saturn may begin annual
verification testing on an
annual basis. Saturn must
collect and analyze one
sample of the WWTP sludge
on an annual basis as
follows: Saturn must test
one representative
composite sample of the
dewatered WWTP sludge for
all constituents listed in
Condition (1) at least once
per calendar year.
(ii) The sample collected
for annual verification
testing shall be a
representative composite
sample consisting of four
grab samples that will be
collected in accordance
with the appropriate
methods described in
Condition (1).
(iii) The sample for the
annual testing for the
second and subsequent
annual testing events shall
be collected within the
same calendar month as the
first annual verification
sample. Saturn will report
the results of the annual
verification testing to EPA
on an annual basis and will
include the certification
statement required by
Condition (6).
5. Changes in Operating
Conditions: Saturn must
notify EPA in writing when
significant changes in the
manufacturing or wastewater
treatment processes are
implemented. EPA will
determine whether these
changes will result in
additional constituents of
concern. If so, EPA will
notify Saturn in writing
that Saturn's sludge must
be managed as hazardous
waste F019 until Saturn has
demonstrated that the
wastes meet the delisting
levels set forth in
Condition (1) and any
levels established by EPA
for the additional
constituents of concern,
and Saturn has received
written approval from EPA.
If EPA determines that the
changes do not result in
additional constituents of
concern, EPA will notify
Saturn, in writing, that
Saturn must verify that
Saturn's sludge continues
to meet Condition (1)
delisting levels.
6. Data Submittals: Saturn
must submit data obtained
through verification
testing at Saturn or as
required by other
conditions of this rule to:
Chief, North Section, RCRA
Enforcement and Compliance
Branch, Waste Management
Division, U.S.
Environmental Protection
Agency Region 4, Sam Nunn
Atlanta Federal Center, 61
Forsyth Street SW.,
Atlanta, Georgia 30303. If
Saturn fails to submit the
required data within the
specified time or maintain
the required records on-
site for the specified
time, the EPA, at its
discretion, will consider
this sufficient basis to re-
open the exclusion as
described in Condition (7).
Saturn must:
(A) Submit the data obtained
through Condition (3)
within the time specified.
The quarterly verification
data must be submitted to
EPA in accordance with
Condition (3). The annual
verification data and
certification statement of
proper disposal must be
submitted to EPA annually
upon the anniversary of the
effective date of this
exclusion. All data must be
accompanied by a signed
copy of the certification
statement in 40 CFR
260.22(i)(12).
(B) Compile, Summarize, and
Maintain Records: Saturn
must compile, summarize,
and maintain at Saturn
records of operating
conditions and ana
