Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion, 31185-31190 [E7-10854]
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address all applicable requirements of
the CAA, including sections 110(a),
172(c), 176(c) and 189(c)(1).
Because the applicable attainment
date for both nonattainment areas was
December 31, 2006, under section
189(d), the submittal deadline for the
plans will be December 31, 2007.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action in and of itself
establishes no new requirements, it
merely notes that the air quality in the
Phoenix nonattainment area and the
Owens Valley nonattainment area did
not meet the federal health standard for
PM–10 by the CAA deadline.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule does not in
and of itself establish new requirements,
EPA believes that it is questionable
whether a requirement to submit a SIP
revision constitutes a federal mandate.
The obligation for a State to revise its
SIP arises out of sections 110(a), 179(d),
and 189(d) of the CAA and is not legally
enforceable by a court of law, and at
most is a condition for continued
receipt of highway funds. Therefore, it
is possible to view an action requiring
such a submittal as not creating any
enforceable duty within the meaning of
section 421(5)(9a)(I) of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
658(a)(I)). Even if it did, the duty could
be viewed as falling within the
exception for the condition of Federal
assistance under section 421(5)(a)(i)(I) of
UMRA (2 U.S.C. 658(5)(a)(i)(I)).
Therefore, today’s action does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
Several Indian tribes have
reservations located within the
boundaries of the Phoenix and Owens
Valley nonattainment areas. EPA is
responsible for the implementation of
federal Clean Air Act programs in
Indian country, including findings of
failure to attain. EPA has notified the
affected tribal officials and consulted
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with all interested tribes, as provided
for by Executive Order 13175 (65 FR
67249, November 9, 2000). EPA
contacted each tribe and gave them the
opportunity to enter into consultation
on a government-to-government basis.
This action also does not have
Federalism implications because it does
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 action does not
in and of itself create any new
requirements and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. 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. Because these findings of
failure to attain are factual
determinations based on air quality
considerations, 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. 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.).
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. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 6, 2007.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
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such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 24, 2007.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E7–10857 Filed 6–5–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R07–RCRA–2006–0923; FRL–8322–6]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is granting a petition
submitted by the Ford Motor Company
Kansas City Assembly Plant (Ford) to
exclude (or delist) a wastewater
treatment plant (WWTP) sludge
generated by Ford in Claycomo,
Missouri, from the lists of hazardous
wastes. This final rule responds to the
petition submitted by Ford to delist
F019 WWTP sludge generated from the
facility’s waste water treatment plant.
After careful analysis and use of the
Delisting Risk Assessment Software
(DRAS), EPA has concluded the
petitioned waste is not hazardous waste.
This exclusion applies to 2,000 cubic
yards per year of the F019 WWTP
sludge. Accordingly, this final rule
excludes the petitioned waste from the
requirements of hazardous waste
regulations under the Resource
Conservation and Recovery Act (RCRA)
when it is disposed in a Subtitle D
Landfill.
DATES: The final rule is effective on June
6, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–RCRA–2006–0923. All
documents in the docket are listed on
www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
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e.g., confidential business information
or other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically in www.regulations.gov
or by appointment by contacting the
person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Appointments can be made during the
hours of 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. A reasonable fee may be
charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For
more information on this rulemaking,
contact Kenneth Herstowski at (913)
551–7631, or herstowski.ken@epa.gov,
RCRA Corrective Action and Permits
Branch, Air, RCRA and Toxics Division,
901 North 5th Street, Kansas City,
Kansas 66101.
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 Ford manage the waste if it
is delisted?
E. When is the final delisting exclusion
effective?
F. How does this final rule affect states?
II. Background
A. What is a delisting petition?
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 Ford petition EPA to
delist?
B. How much waste did Ford propose to
delist?
C. How did Ford sample and analyze the
waste data in this petition?
IV. Public Comments Received on the
Proposed Exclusion
A. Who submitted comments on the
proposed rule?
B. What were the comments and what are
EPA’s responses to them?
V. Statutory and Executive Order Reviews
I. Overview Information
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A. What action is EPA finalizing?
After evaluating the petition, EPA
proposed on December 20, 2006, to
exclude the waste water treatment plant
sludge from the lists of hazardous waste
under 40 Code of Federal Regulations
(CFR) 261.31 and 261.32 (see 71 FR
76255). EPA is finalizing the decision to
grant Ford’s delisting petition to have its
waste water treatment sludge managed
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and disposed as non-hazardous waste
provided certain verification and
monitoring conditions are met.
B. Why is EPA approving this action?
Ford’s petition requests a delisting
from the F019 waste listing under 40
CFR 260.20 and 260.22. Ford does not
believe that the petitioned waste meets
the criteria for which EPA listed it. Ford
also believes no additional constituents
or factors could cause the waste to be
hazardous. EPA’s review of this petition
included consideration of the original
listing criteria and the additional factors
required by the Hazardous and Solid
Waste Amendments of 1984. See section
3001(f) of RCRA, 42 United States Code
(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 waste against
the listing criteria and factors cited in
§ 261.11(a)(2) and (a)(3). Based on this
review, EPA agrees with the petitioner
that the waste is 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 waste with respect to
other factors or criteria to assess
whether there is a reasonable basis to
believe that such additional factors
could cause the waste to be hazardous.
EPA considered whether the waste is
acutely toxic, the concentration of the
constituents in the waste, their tendency
to migrate and to bioaccumulate, their
persistence in the environment once
released from the waste, plausible and
specific types of management of the
petitioned waste, the quantities of waste
generated, and waste variability. EPA
believes that the petitioned waste does
not meet the listing criteria and thus
should not be a listed waste. EPA’s final
decision to delist waste from Ford’s
facility is based on the information
submitted in support of this rule,
including descriptions of the wastes and
analytical data from the Claycomo,
Missouri, facility.
C. What are the limits of this exclusion?
This exclusion applies to the waste
described in the petition only if the
requirements described in § 261,
Appendix IX, Table 1 and the
conditions contained herein are
satisfied.
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D. How will Ford manage the waste if
it is delisted?
The WWTP sludge from Ford will be
disposed of in a RCRA Subtitle D
landfill.
E. When is the final delisting exclusion
effective?
This rule is effective June 6, 2007. The
Hazardous and Solid Waste
Amendments of 1984 amended Section
3010 of RCRA, 42 U.S.C. 6930(b)(1),
allows rules to become effective 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
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. If so, Ford must
obtain authorization from that state
before it can transport or manage the
waste as nonhazardous 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
each State regulatory authority to
establish the status of their wastes under
the State law while it is transported or
managed as nonhazardous in the state.
EPA has also authorized some states
(for example, Georgia, Illinois,
Louisiana, Nebraska, and Oklahoma) 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 authorized states unless that state
makes the rule part of its authorized
program. If Ford transports the
petitioned waste to or manages the
waste in any state with delisting
authorization, Ford must obtain
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delisting authorization from that state
before it can transport or 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,
certain wastes the generator believes
should not be considered hazardous
under RCRA.
B. What regulations allow facilities to
delist a waste?
Under §§ 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
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 waste did Ford petition EPA to
delist?
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On May 31, 2006, Ford petitioned
EPA to exclude from the lists of
hazardous wastes contained in § 261.31,
WWTP sludge (F019) generated from its
facility located in Claycomo, Missouri.
The waste falls under the classification
of listed waste pursuant to § 261.31.
B. How much waste did Ford propose to
delist?
Specifically, in its petition, Ford
requested that EPA grant a standard
exclusion for 2,000 cubic yards per year
of the WWTP sludge.
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C. How did Ford sample and analyze
the waste data in this petition?
To support its petition, Ford
submitted:
(1) Historical information on waste
generation and management practices;
(2) Analytical results from six samples
for total concentrations of constituents
of concern; and
(3) Analytical results from six samples
for Toxicity Characteristic Leaching
Procedure (TCLP) extract values.
compounds via air and surface water
pathways as a result of inadequate cover
and runoff control. EPA believes that
inadequate daily cover and rainwater
runoff control are plausible
mismanagement scenarios for a solid
waste landfill. Furthermore, since the
source of this potential off-site
migration is newly deposited waste at
the surface of the landfill, total
concentrations are appropriate inputs
for fate and transport modeling.
IV. Public Comments Received on the
Proposed Exclusion
3. Delisting Levels
A. Who submitted comments on the
proposed rule?
Comments were submitted by Ford
Motor Company requesting clarification
of certain testing requirements, the
Alliance of Automobile Manufacturers
supporting the proposed delisting and
the Missouri Department of Natural
Resources to correct information in the
proposed rule.
B. What were the comments and what
are EPA’s responses to them?
1. Revision of the F019 Listing as it
Pertains to Auto Manufacturers
Comment: The Alliance of
Automobile Manufacturers in its
comments urged EPA to
comprehensively resolve the
longstanding issue of the F019 listing as
it pertains to auto manufacturers by
issuing an interpretive rule, which
would exclude for the F019
classification all wastewater treatment
sludges from facilities that use zinc
phosphate aluminum processes rather
than hexavalent chromium and cyanide
processes that led to the original listing
of F019 sludge.
Response: EPA has proposed changes
to the F019 listing that are responsive to
the commenter (see 72 FR 2219, January
18, 2007). Given EPA’s proposed
rulemaking on this issue, EPA will not
provide further response here.
2. Analysis of Excluded Wastes
Comment: The Alliance of
Automobile Manufacturers in its
comments requests EPA remove the
requirements for analysis of total
concentrations of constituents as part of
the verification testing of Ford’s delisted
sludge. The commenter believes that
total concentrations of a constituent
have no scientific correlation with
environmental impacts.
Response: EPA evaluates the potential
environmental impact of plausible
mismanagement of the waste in a solid
waste landfill. EPA evaluates the
potential off-site migration of waste
particles and volatile organic
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Toxicity Characteristic Leaching
Procedure
Comment: The Missouri Department
of Natural Resources comments that as
proposed Ford’s sludge could exhibit a
characteristic of hazardous waste and
still be excluded. Specifically, the
commenter points out that Toxicity
Characteristic Leaching Procedure
(TCLP) results greater than those which
would make a solid waste hazardous
under 40 CFR 261.24 are allowed in the
proposal.
Response: EPA reviewed the proposed
TCLP delisting levels in Appendix IX to
Part 261—Waste Excluded Under
§§ 260.20 and 260.22, Table 1.—Wastes
Excluded from Non-Specific Sources.
The constituents found in 40 CFR
261.24 for which TCLP delisting levels
were proposed included: barium—100
mg/l, chromium—5 mg/l, and
mercury—0.155 mg/l. All of those levels
are at or below the levels at which a
solid waste would exhibit a
characteristic of hazardous waste and
therefore be a hazardous waste. There
may be confusion regarding the
application of these delisting levels as
when the waste meets the exclusion.
EPA has clarified in the final language
that the TCLP concentrations may not
equal or exceed the levels given in the
table.
The commenter may also be
suggesting that the exclusion should
include delisting levels for all TCLP
parameters. EPA evaluated all the
constituents in Ford’s waste and
developed delisting levels based upon
that information. Inclusion of additional
TCLP parameters is not justified at this
time. Ford must notify EPA of any
significant changes in the
manufacturing process, the chemicals
used, the treatment process or the
chemicals used in the treatment process.
If any of those changes occur, Ford must
manage the sludge as a hazardous waste
until it can be demonstrated that it still
meets the delisting levels in the
exclusion, that no new hazardous
constituents listed in Appendix VIII of
40 CFR part 261 have been introduced
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and has received approval from EPA for
the changes.
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Land Disposal Restrictions and Delisting
Levels
Comment: The Missouri Department
of Natural Resources comments that the
delisting levels proposed do not
correspond to the Land Disposal
Restriction treatment standards found in
40 CFR part 268.
Response: Ford is requesting delisting
of its F019 waste at the point of its
generation. EPA’s proposed exclusion
was also at the point of generation.
Since the waste will be excluded at the
point of its generation (subject to
periodic verification testing), the land
disposal restrictions will not apply. This
is in contrast to a hypothetical case
where a hazardous waste is treated
subsequent to its generation and the
residuals from the treatment of the
hazardous waste would be subject to the
land disposal restrictions. If a person
were to seek delisting of the residuals in
the aforementioned hypothetical case,
the land disposal restriction treatment
standards for which the original waste
were subject to would continue to apply
and would be considered in
determining the appropriate delisting
levels.
4. Verification Sample Analysis
Comment: Ford requests clarification
if the TCLP cyanides parameter listed in
the proposed exclusion for quarterly
verification sampling is a total cyanide
test on the TCLP leachate. The possible
options would be amenable or available
cyanide.
Response: EPA affirmed the
distinction between free cyanide and
complex metal cyanides in its 1992 final
rule, Drinking Water; National Primary
Drinking Water Regulations—Synthetic
Organic Chemicals and Inorganic
Chemicals (57 FR 31776, July 17, 1992).
EPA specifically stated that the
maximum contaminant level goal
(MCLG) of 0.2 mg/L cyanide applies to
free cyanides, not complex metal
cyanides. EPA further stated that a total
cyanide analytical technique is allowed
to screen samples. If the total cyanide
results are greater than the MCL, then
the analysis for free cyanide would be
required to determine whether there is
an exceedance of the MCL. EPA
specifies the use of the cyanide
amenable to chlorination test for
determining free cyanide. Therefore, the
cyanide amenable to chlorination test is
the appropriate test for verification
sampling and analysis to demonstrate
continued compliance with the
exclusion. Ford may use a total cyanide
test for the TCLP leachate as a screening
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test. However, if the results of a total
cyanide test on the TCLP leachate
exceed the delisting levels and the
cyanide amenable to chlorination test is
not conducted, then EPA will rely on
the total cyanide test results to
determine Ford’s compliance with the
exclusion.
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) (Pub. L. 104–4). 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
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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, Waste treatment and
disposal.
Authority: Section 3001(f) RCRA, 42 U.S.C.
6921(f). Authority for this action has been
delegated to the Regional Administrator (61
FR 32798, June 25, 1996).
Dated: May 29, 2007.
John B. Askew,
Regional Administrator, Region 7.
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.
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
2. In Table 1 of Appendix IX of part
261 the following wastestream is added
I
in alphabetical order by facility to read
as follows:
31189
Appendix IX to Part 261—Wastes
Excluded Under §§ 260.20 and 260.22
TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Address
Waste description
*
*
Ford Motor Company, Kansas City
Assembly Plant.
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Facility
*
Claycomo, Missouri ............
*
*
*
*
Wastewater treatment sludge, F019, that is generated at the Ford Motor
Company (Ford) Kansas City Assembly Plant (KCAP) at a maximum
annual rate of 2,000 cubic yards per year. The sludge must be disposed
of in a lined landfill with leachate collection, which is licensed, permitted,
or otherwise authorized to accept the delisted wastewater treatment
sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of June 6, 2007.
1. Delisting Levels: (a) The concentrations in a TCLP extract of the waste
measured in any sample may not equal or exceed the following levels
(mg/L): barium—100; chromium—5; mercury—0.155; nickel—90; thallium—0.282; zinc—898; cyanides—11.5; ethyl benzene—42.6; toluene—60.8; total xylenes—18.9; bis(2-ethylhexyl) phthalate—0.365; pcresol—11.4;
2,4-dinitrotoluene—0.13;
formaldehyde—343;
and
napthalene—.728;
(b) The total concentrations measured in any sample may not exceed the
following levels (mg/kg): chromium 760000; mercury—10.4; thallium—
116000; 2,4-dinitrotoluene—100000; and formaldehyde—6880.
2. Quarterly Verification Testing: To verify that the waste does not exceed
the specified delisting levels, Ford must collect and analyze one representative sample of KCAP’s sludge on a quarterly basis.
3. Changes in Operating Conditions: Ford must notify the EPA in writing if
the manufacturing process, the chemicals used in the manufacturing
process, the treatment process, or the chemicals used in the treatment
process at KCAP significantly change. Ford must handle wastes generated at KCAP after the process change as hazardous until it has demonstrated that the waste continues to meet the delisting levels and that
no new hazardous constituents listed in appendix VIII of part 261 have
been introduced and Ford has received written approval from EPA for
the changes.
4. Data Submittals: Ford must submit the data obtained through
verification testing at KCAP or as required by other conditions of this
rule to EPA Region 7, Air, RCRA and Toxics Division, 901 N. 5th, Kansas City, Kansas 66101. The quarterly verification data and certification
of proper disposal must be submitted annually upon the anniversary of
the effective date of this exclusion. Ford must compile, summarize, and
maintain at KCAP records of operating conditions and analytical data for
a minimum of five years. Ford must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12).
5. Reopener Language—(a) If, anytime after disposal of the delisted
waste, Ford possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste at KCAP indicating that any constituent is at
a level in the leachate higher than the specified delisting level, or is in
the groundwater at a concentration higher than the maximum allowable
groundwater concentration in paragraph (e), then Ford must report such
data in writing to the Regional Administrator within 10 days of first possessing or being made aware of that data.
(b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will
make a preliminary determination as to whether the reported information
requires Agency 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 Agency action, the Regional Administrator will notify Ford
in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall
include a statement of the proposed action and a statement providing
Ford with an opportunity to present information as to why the proposed
Agency action is not necessary or to suggest an alternative action. Ford
shall have 30 days from the date of the Regional Administrator’s notice
to present the information.
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
(d) If after 30 days Ford presents no further information, the Regional Administrator will issue a final written determination describing the Agency
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.
*
*
*
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2
[ET Docket No. 03–108; FCC 07–66]
Cognitive Radio Technologies and
Software Defined Radios
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
Summary of the Memorandum Opinion
and Order
SUMMARY: This document responds to
two petitions concerning the rules
adopted in the Report and Order in this
proceeding (‘‘Cognitive Radio Report
and Order’’). The Commission granted a
petition for clarification filed by Cisco
Systems, Inc. (‘‘Cisco’’) requesting that
the Commission clarify the requirement
to approve certain devices as software
defined radios, and its policy on the
confidentiality of software that controls
security measures in software defined
radios. The Commission also granted in
part and denied in part a petition for
reconsideration filed by Marcus
Spectrum Solutions (‘‘MSS’’) requesting
that the Commission clarify the rules
concerning the submission of radio
software source code, clarify the rules
concerning the certification of software
defined amateur radio equipment, and
initiate a further proceeding to adopt
regulatory requirements for high-power,
high-speed digital-to-analog (D/A)
converters.
Effective July 6, 2007.
FOR FURTHER INFORMATION CONTACT:
rmajette on PROD1PC64 with RULES
Hugh Van Tuyl, Policy and Rules
Division, Office of Engineering and
Technology, (202) 418–7506, e-mail:
Hugh.VanTuyl@fcc.gov.
This is a
summary of the Commission’s
Memorandum Opinion and Order, ET
Docket No. 03–108, FCC 07–66, adopted
April 20, 2007 and released April 25,
2007. The full text of this document is
SUPPLEMENTARY INFORMATION:
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*
available on the Commission’s Internet
site at https://www.fcc.gov. It is also
available for inspection and copying
during regular business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street, SW., Washington, DC
20554. The full text of this document
also may be purchased from the
Commission’s duplication contractor,
Best Copy and Printing Inc., Portals II,
445 12th St., SW., Room CY–B402,
Washington, DC 20554; telephone (202)
488–5300; fax (202) 488–5563; e-mail
FCC@BCPIWEB.COM.
[FR Doc. E7–10854 Filed 6–5–07; 8:45 am]
DATES:
*
1. On March 17, 2005, the
Commission adopted the Cognitive
Radio Report and Order 70 FR 23032,
May 4, 2005, in which it modified the
rules to reflect ongoing technical
developments in cognitive and software
defined radio technologies. In response
to the Cognitive Radio Report and
Order, Cisco and MSS each filed a
petition seeking reconsideration or
clarification of various aspects of the
Commission’s decisions in the Cognitive
Radio Report and Order. The
Information Industry Technology
Council (‘‘ITI’’) filed comments in
opposition of MSS’ petition. No
comments were filed in response to
Cisco’s petition. In response to the two
petitions concerning the rules adopted
in the Cognitive Radio Report and Order
in this proceeding, the Commission
granted the petition for clarification
filed by Cisco Systems, Inc. (‘‘Cisco’’)
requesting that the Commission clarify:
(1) The requirement to approve certain
devices as software defined radios, and
(2) its policy on the confidentiality of
software that controls security measures
in software defined radios. The
Commission also granted in part and
denied in part a petition for
reconsideration filed by Marcus
Spectrum Solutions (‘‘MSS’’) requesting
that the Commission (1) Clarify the rules
concerning the submission of radio
software source code, (2) clarify the
rules concerning the certification of
software defined amateur radio
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*
*
equipment, and (3) initiate a further
proceeding to adopt regulatory
requirements for high-power, highspeed digital-to-analog (D/A) converters.
2. In the Cognitive Radio Report and
Order, the Commission modified the
rules to require that radios in which the
software is designed or expected to be
modified by a party other than the
manufacturer be certified as software
defined radios. To minimize the filing
burden on manufacturers, this
requirement was narrowly tailored to
affect only those radios where the
software can be modified by a party
other than the manufacturer because
such radios pose a higher risk of
interference to authorized radio
services. The definition of software
defined radio (SDR) is intentionally
broad, while the category of equipment
that is required to be certified as SDRs
is intentionally narrow. The
Commission agrees with Cisco that a
reading of the definition of SDR in the
rules by itself may give the incorrect
impression that more devices must be
certified as SDRs than the rules
intended to require. The Commission
finds that the appropriate solution to
Cisco’s concern is to add an additional
sentence following the definition of SDR
to indicate the class of radios that must
be certified as SDRs. It therefore clarifies
the rules by adding the following
statement to the definition of SDR: ‘‘In
accordance with § 2.944 of this part,
only radios in which the software is
designed or expected to be modified by
a party other than the manufacturer and
would affect the listed operating
parameters or circumstances under
which the radio transmits must be
certified as software defined radios.’’
This action clarifies the intent of the
rules adopted in the Cognitive Radio
Report and Order.
3. With regard to Cisco’s second
request, the Commission recognizes that
some manufacturers may wish to use
open source software (e.g., GNU/Linux)
in developing SDRs. The use of such
software may have advantages for
manufacturers such as lower cost and
decreased product development time.
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]]>Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Rules and Regulations]
[Pages 31185-31190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10854]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R07-RCRA-2006-0923; FRL-8322-6]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting a petition submitted by the Ford Motor Company
Kansas City Assembly Plant (Ford) to exclude (or delist) a wastewater
treatment plant (WWTP) sludge generated by Ford in Claycomo, Missouri,
from the lists of hazardous wastes. This final rule responds to the
petition submitted by Ford to delist F019 WWTP sludge generated from
the facility's waste water treatment plant.
After careful analysis and use of the Delisting Risk Assessment
Software (DRAS), EPA has concluded the petitioned waste is not
hazardous waste. This exclusion applies to 2,000 cubic yards per year
of the F019 WWTP sludge. Accordingly, this final rule excludes the
petitioned waste from the requirements of hazardous waste regulations
under the Resource Conservation and Recovery Act (RCRA) when it is
disposed in a Subtitle D Landfill.
DATES: The final rule is effective on June 6, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-RCRA-2006-0923. All documents in the docket are listed on
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available,
[[Page 31186]]
e.g., confidential business information or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
by appointment by contacting the person listed in the FOR FURTHER
INFORMATION CONTACT section below. Appointments can be made during the
hours of 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. A reasonable fee may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Kenneth Herstowski at (913) 551-7631, or
herstowski.ken@epa.gov, RCRA Corrective Action and Permits Branch, Air,
RCRA and Toxics Division, 901 North 5th Street, Kansas City, Kansas
66101.
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 Ford manage the waste if it is delisted?
E. When is the final delisting exclusion effective?
F. How does this final rule affect states?
II. Background
A. What is a delisting petition?
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 Ford petition EPA to delist?
B. How much waste did Ford propose to delist?
C. How did Ford sample and analyze the waste data in this
petition?
IV. Public Comments Received on the Proposed Exclusion
A. Who submitted comments on the proposed rule?
B. What 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 petition, EPA proposed on December 20, 2006,
to exclude the waste water treatment plant sludge from the lists of
hazardous waste under 40 Code of Federal Regulations (CFR) 261.31 and
261.32 (see 71 FR 76255). EPA is finalizing the decision to grant
Ford's delisting petition to have its waste water treatment sludge
managed and disposed as non-hazardous waste provided certain
verification and monitoring conditions are met.
B. Why is EPA approving this action?
Ford's petition requests a delisting from the F019 waste listing
under 40 CFR 260.20 and 260.22. Ford does not believe that the
petitioned waste meets the criteria for which EPA listed it. Ford also
believes no additional constituents or factors could cause the waste to
be hazardous. EPA's review of this petition included consideration of
the original listing criteria and the additional factors required by
the Hazardous and Solid Waste Amendments of 1984. See section 3001(f)
of RCRA, 42 United States Code (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 waste 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 waste is 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 waste with respect to other factors or
criteria to assess whether there is a reasonable basis to believe that
such additional factors could cause the waste to be hazardous. EPA
considered whether the waste is acutely toxic, the concentration of the
constituents in the waste, their tendency to migrate and to
bioaccumulate, their persistence in the environment once released from
the waste, plausible and specific types of management of the petitioned
waste, the quantities of waste generated, and waste variability. EPA
believes that the petitioned waste does not meet the listing criteria
and thus should not be a listed waste. EPA's final decision to delist
waste from Ford's facility is based on the information submitted in
support of this rule, including descriptions of the wastes and
analytical data from the Claycomo, Missouri, facility.
C. What are the limits of this exclusion?
This exclusion applies to the waste described in the petition only
if the requirements described in Sec. 261, Appendix IX, Table 1 and
the conditions contained herein are satisfied.
D. How will Ford manage the waste if it is delisted?
The WWTP sludge from Ford will be disposed of in a RCRA Subtitle D
landfill.
E. When is the final delisting exclusion effective?
This rule is effective June 6, 2007. The Hazardous and Solid Waste
Amendments of 1984 amended Section 3010 of RCRA, 42 U.S.C. 6930(b)(1),
allows rules to become effective 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 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. If so, Ford must obtain authorization from that
state before it can transport or manage the waste as nonhazardous 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 each State regulatory authority to establish the
status of their wastes under the State law while it is transported or
managed as nonhazardous in the state.
EPA has also authorized some states (for example, Georgia,
Illinois, Louisiana, Nebraska, and Oklahoma) 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
authorized states unless that state makes the rule part of its
authorized program. If Ford transports the petitioned waste to or
manages the waste in any state with delisting authorization, Ford must
obtain
[[Page 31187]]
delisting authorization from that state before it can transport or
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, certain wastes the generator believes should
not be considered hazardous under RCRA.
B. What regulations allow facilities to delist a waste?
Under Sec. Sec. 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 waste did Ford petition EPA to delist?
On May 31, 2006, Ford petitioned EPA to exclude from the lists of
hazardous wastes contained in Sec. 261.31, WWTP sludge (F019)
generated from its facility located in Claycomo, Missouri. The waste
falls under the classification of listed waste pursuant to Sec.
261.31.
B. How much waste did Ford propose to delist?
Specifically, in its petition, Ford requested that EPA grant a
standard exclusion for 2,000 cubic yards per year of the WWTP sludge.
C. How did Ford sample and analyze the waste data in this petition?
To support its petition, Ford submitted:
(1) Historical information on waste generation and management
practices;
(2) Analytical results from six samples for total concentrations of
constituents of concern; and
(3) Analytical results from six samples for Toxicity Characteristic
Leaching Procedure (TCLP) extract values.
IV. Public Comments Received on the Proposed Exclusion
A. Who submitted comments on the proposed rule?
Comments were submitted by Ford Motor Company requesting
clarification of certain testing requirements, the Alliance of
Automobile Manufacturers supporting the proposed delisting and the
Missouri Department of Natural Resources to correct information in the
proposed rule.
B. What were the comments and what are EPA's responses to them?
1. Revision of the F019 Listing as it Pertains to Auto Manufacturers
Comment: The Alliance of Automobile Manufacturers in its comments
urged EPA to comprehensively resolve the longstanding issue of the F019
listing as it pertains to auto manufacturers by issuing an interpretive
rule, which would exclude for the F019 classification all wastewater
treatment sludges from facilities that use zinc phosphate aluminum
processes rather than hexavalent chromium and cyanide processes that
led to the original listing of F019 sludge.
Response: EPA has proposed changes to the F019 listing that are
responsive to the commenter (see 72 FR 2219, January 18, 2007). Given
EPA's proposed rulemaking on this issue, EPA will not provide further
response here.
2. Analysis of Excluded Wastes
Comment: The Alliance of Automobile Manufacturers in its comments
requests EPA remove the requirements for analysis of total
concentrations of constituents as part of the verification testing of
Ford's delisted sludge. The commenter believes that total
concentrations of a constituent have no scientific correlation with
environmental impacts.
Response: EPA evaluates the potential environmental impact of
plausible mismanagement of the waste in a solid waste landfill. EPA
evaluates the potential off-site migration of waste particles and
volatile organic compounds via air and surface water pathways as a
result of inadequate cover and runoff control. EPA believes that
inadequate daily cover and rainwater runoff control are plausible
mismanagement scenarios for a solid waste landfill. Furthermore, since
the source of this potential off-site migration is newly deposited
waste at the surface of the landfill, total concentrations are
appropriate inputs for fate and transport modeling.
3. Delisting Levels
Toxicity Characteristic Leaching Procedure
Comment: The Missouri Department of Natural Resources comments that
as proposed Ford's sludge could exhibit a characteristic of hazardous
waste and still be excluded. Specifically, the commenter points out
that Toxicity Characteristic Leaching Procedure (TCLP) results greater
than those which would make a solid waste hazardous under 40 CFR 261.24
are allowed in the proposal.
Response: EPA reviewed the proposed TCLP delisting levels in
Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and
260.22, Table 1.--Wastes Excluded from Non-Specific Sources. The
constituents found in 40 CFR 261.24 for which TCLP delisting levels
were proposed included: barium--100 mg/l, chromium--5 mg/l, and
mercury--0.155 mg/l. All of those levels are at or below the levels at
which a solid waste would exhibit a characteristic of hazardous waste
and therefore be a hazardous waste. There may be confusion regarding
the application of these delisting levels as when the waste meets the
exclusion. EPA has clarified in the final language that the TCLP
concentrations may not equal or exceed the levels given in the table.
The commenter may also be suggesting that the exclusion should
include delisting levels for all TCLP parameters. EPA evaluated all the
constituents in Ford's waste and developed delisting levels based upon
that information. Inclusion of additional TCLP parameters is not
justified at this time. Ford must notify EPA of any significant changes
in the manufacturing process, the chemicals used, the treatment process
or the chemicals used in the treatment process. If any of those changes
occur, Ford must manage the sludge as a hazardous waste until it can be
demonstrated that it still meets the delisting levels in the exclusion,
that no new hazardous constituents listed in Appendix VIII of 40 CFR
part 261 have been introduced
[[Page 31188]]
and has received approval from EPA for the changes.
Land Disposal Restrictions and Delisting Levels
Comment: The Missouri Department of Natural Resources comments that
the delisting levels proposed do not correspond to the Land Disposal
Restriction treatment standards found in 40 CFR part 268.
Response: Ford is requesting delisting of its F019 waste at the
point of its generation. EPA's proposed exclusion was also at the point
of generation. Since the waste will be excluded at the point of its
generation (subject to periodic verification testing), the land
disposal restrictions will not apply. This is in contrast to a
hypothetical case where a hazardous waste is treated subsequent to its
generation and the residuals from the treatment of the hazardous waste
would be subject to the land disposal restrictions. If a person were to
seek delisting of the residuals in the aforementioned hypothetical
case, the land disposal restriction treatment standards for which the
original waste were subject to would continue to apply and would be
considered in determining the appropriate delisting levels.
4. Verification Sample Analysis
Comment: Ford requests clarification if the TCLP cyanides parameter
listed in the proposed exclusion for quarterly verification sampling is
a total cyanide test on the TCLP leachate. The possible options would
be amenable or available cyanide.
Response: EPA affirmed the distinction between free cyanide and
complex metal cyanides in its 1992 final rule, Drinking Water; National
Primary Drinking Water Regulations--Synthetic Organic Chemicals and
Inorganic Chemicals (57 FR 31776, July 17, 1992). EPA specifically
stated that the maximum contaminant level goal (MCLG) of 0.2 mg/L
cyanide applies to free cyanides, not complex metal cyanides. EPA
further stated that a total cyanide analytical technique is allowed to
screen samples. If the total cyanide results are greater than the MCL,
then the analysis for free cyanide would be required to determine
whether there is an exceedance of the MCL. EPA specifies the use of the
cyanide amenable to chlorination test for determining free cyanide.
Therefore, the cyanide amenable to chlorination test is the appropriate
test for verification sampling and analysis to demonstrate continued
compliance with the exclusion. Ford may use a total cyanide test for
the TCLP leachate as a screening test. However, if the results of a
total cyanide test on the TCLP leachate exceed the delisting levels and
the cyanide amenable to chlorination test is not conducted, then EPA
will rely on the total cyanide test results to determine Ford's
compliance with the exclusion.
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) (Pub. L. 104-4). 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, Waste
treatment and disposal.
Authority: Section 3001(f) RCRA, 42 U.S.C. 6921(f). Authority
for this action has been delegated to the Regional Administrator (61
FR 32798, June 25, 1996).
Dated: May 29, 2007.
John B. Askew,
Regional Administrator, Region 7.
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.
[[Page 31189]]
0
2. In Table 1 of Appendix IX of part 261 the following wastestream is
added in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 260.20 and
260.22
Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Ford Motor Company, Kansas City Claycomo, Missouri................. Wastewater treatment sludge, F019, that is
Assembly Plant. generated at the Ford Motor Company
(Ford) Kansas City Assembly Plant (KCAP)
at a maximum annual rate of 2,000 cubic
yards per year. The sludge must be
disposed of in a lined landfill with
leachate collection, which is licensed,
permitted, or otherwise authorized to
accept the delisted wastewater treatment
sludge in accordance with 40 CFR part
258. The exclusion becomes effective as
of June 6, 2007.
1. Delisting Levels: (a) The
concentrations in a TCLP extract of the
waste measured in any sample may not
equal or exceed the following levels (mg/
L): barium--100; chromium--5; mercury--
0.155; nickel--90; thallium--0.282; zinc--
898; cyanides--11.5; ethyl benzene--42.6;
toluene--60.8; total xylenes--18.9; bis(2-
ethylhexyl) phthalate--0.365; p-cresol--
11.4; 2,4-dinitrotoluene--0.13;
formaldehyde--343; and napthalene--.728;
(b) The total concentrations measured in
any sample may not exceed the following
levels (mg/kg): chromium 760000; mercury--
10.4; thallium--116000; 2,4-
dinitrotoluene--100000; and formaldehyde--
6880.
2. Quarterly Verification Testing: To
verify that the waste does not exceed the
specified delisting levels, Ford must
collect and analyze one representative
sample of KCAP's sludge on a quarterly
basis.
3. Changes in Operating Conditions: Ford
must notify the EPA in writing if the
manufacturing process, the chemicals used
in the manufacturing process, the
treatment process, or the chemicals used
in the treatment process at KCAP
significantly change. Ford must handle
wastes generated at KCAP after the
process change as hazardous until it has
demonstrated that the waste continues to
meet the delisting levels and that no new
hazardous constituents listed in appendix
VIII of part 261 have been introduced and
Ford has received written approval from
EPA for the changes.
4. Data Submittals: Ford must submit the
data obtained through verification
testing at KCAP or as required by other
conditions of this rule to EPA Region 7,
Air, RCRA and Toxics Division, 901 N.
5th, Kansas City, Kansas 66101. The
quarterly verification data and
certification of proper disposal must be
submitted annually upon the anniversary
of the effective date of this exclusion.
Ford must compile, summarize, and
maintain at KCAP records of operating
conditions and analytical data for a
minimum of five years. Ford must make
these records available for inspection.
All data must be accompanied by a signed
copy of the certification statement in 40
CFR 260.22(i)(12).
5. Reopener Language--(a) If, anytime
after disposal of the delisted waste,
Ford possesses or is otherwise made aware
of any data (including but not limited to
leachate data or groundwater monitoring
data) relevant to the delisted waste at
KCAP indicating that any constituent is
at a level in the leachate higher than
the specified delisting level, or is in
the groundwater at a concentration higher
than the maximum allowable groundwater
concentration in paragraph (e), then Ford
must report such data in writing to the
Regional Administrator within 10 days of
first possessing or being made aware of
that data.
(b) Based on the information described in
paragraph (a) and any other information
received from any source, the Regional
Administrator will make a preliminary
determination as to whether the reported
information requires Agency 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 Agency action, the Regional
Administrator will notify Ford in writing
of the actions the Regional Administrator
believes are necessary to protect human
health and the environment. The notice
shall include a statement of the proposed
action and a statement providing Ford
with an opportunity to present
information as to why the proposed Agency
action is not necessary or to suggest an
alternative action. Ford shall have 30
days from the date of the Regional
Administrator's notice to present the
information.
[[Page 31190]]
(d) If after 30 days Ford presents no
further information, the Regional
Administrator will issue a final written
determination describing the Agency
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.
* * * * * * *
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[FR Doc. E7-10854 Filed 6-5-07; 8:45 am]
BILLING CODE 6560-50-P
