Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion, 59523-59528 [E8-24009]
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EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic or nonattainment area
Name of SIP provision
*
1997 8-Hour Ozone Section
110 Maintenance Plan.
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1997 8-Hour Ozone Section
110 Maintenance Plan.
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Calcasieu Parish (Lake
Charles Area), LA.
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7/20/07
St. James Parish, LA .............
8/24/07
3. Section 52.975, entitled,
‘‘Redesignations and maintenance
plans; ozone’’, is amended by adding a
new paragraph (j) as follows:
■
§ 52.975 Redesignations and maintenance
plans; ozone.
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(j) Approval. The Louisiana
Department of Environmental Quality
(LDEQ) submitted 1997 8-hour ozone
NAAQS maintenance plans for the areas
of Calcasieu and St. James Parishes on
July 20, 2007, and August 24, 2007,
respectively. The two areas are
designated unclassifiable/attainment for
the 1997 8-hour ozone standard. EPA
determined these requests for Calcasieu
and St. James Parishes were complete
on October 5, 2007, and October 16,
2007, respectively. The maintenance
plans meet the requirements of section
110(a)(1) of the Clean Air Act, and are
consistent with EPA’s maintenance plan
guidance document dated May 20, 2005.
The EPA therefore approved the 1997 8hour ozone NAAQS maintenance plans
for the areas of Calcasieu and St. James
Parishes on October 9, 2008.
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*
*
*
*
[FR Doc. E8–23867 Filed 10–8–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R06–RCRA–2008–0418; SW–FRL–
8727–8]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion
Environmental Protection
Agency.
ACTION: Final rule.
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AGENCY:
Environmental Protection
Agency (EPA) is granting a petition
submitted by Lockheed Martin
Aeronautics Company to exclude (or
delist) the sludge from its wastewater
SUMMARY:
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treatment plant generated by Lockheed
Martin Aeronautics Company in Fort
Worth, Texas from the lists of hazardous
wastes. This final rule responds to the
petition submitted by Lockheed Martin
Aeronautics Company to delist F019
sludge generated from the facility’s
wastewater 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 90 cubic yards
per year of the F019 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:
Effective Date: October 9, 2008.
The public docket for this
final rule is located at the
Environmental Protection Agency
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, and is available for
viewing in EPA Freedom of Information
Act review room on the 7th floor from
8 a.m. to 4 p.m., Monday through
Friday, excluding Federal holidays. Call
(214) 665–6444 for appointments. The
reference number for this docket is
EPA–R06–RCRA–2008–0418. The
public may copy material from any
regulatory docket at no cost for the first
100 pages and at a cost of $0.15 per page
for additional copies.
ADDRESSES:
Ben
Banipal, Section Chief of the Corrective
Action and Waste Minimization
Section, Multimedia Planning and
Permitting Division (6PD–C),
Environmental Protection Agency
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202.
For technical information concerning
this notice, contact Wendy Jacques,
Environmental Protection Agency
Region 6, 1445 Ross Avenue, (6PD–F),
Dallas, Texas 75202, at (214) 665–7395,
or jacques.wendy@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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Explanation
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The
information in this section is organized
as follows:
SUPPLEMENTARY INFORMATION:
I. Overview Information
A. What action is EPA finalizing?
B. Why is EPA approving this action?
C. What are the limits of this exclusion?
D. How will Lockheed Martin Aeronautics
Company 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?
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 Lockheed Martin
Aeronautics Company petition EPA to
delist?
B. How much waste did Lockheed Martin
Aeronautics Company propose to delist?
C. How did Lockheed Martin Aeronautics
Company sample and analyze the waste
data in this petition?
IV. Public Comments Received on the
proposed exclusion
Who submitted comments on the proposed
rule?
V. Statutory and Executive Order Reviews
I. Overview Information
A. What action is EPA finalizing?
After evaluating the petition, EPA
proposed, on May 19, 2008, to exclude
the wastewater treatment plant sludge
from the lists of hazardous waste under
40 CFR 261.31 and 261.32 (see 70 FR
41358). EPA is finalizing the decision to
grant Lockheed Martin Aeronautics
Company’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?
Lockheed Martin Aeronautics
Company’s petition requests a delisting
from the F019 waste listing under 40
CFR 260.20 and 260.22. Lockheed
Martin Aeronautics Company does not
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believe that the petitioned waste meets
the criteria for which EPA listed it.
Lockheed Martin Aeronautics Company
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 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 non-hazardous with
respect to the original listing criteria. If
EPA had found, based on this review,
that the waste remained hazardous
based on the factors for which the waste
as 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 Lockheed
Martin Aeronautics Company’s facility
is based on the information submitted in
support of this rule, including
descriptions of the wastes and analytical
data from the Fort Worth, Texas 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 40 CFR part
261, Appendix IX, Table 1 and the
conditions contained herein are
satisfied.
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D. How will Lockheed Martin
Aeronautics Company manage the
waste if it is delisted?
The sludge from Lockheed Martin
Aeronautics Company will be disposed
of in a RCRA Subtitle D landfill.
E. When is the final delisting exclusion
effective?
This rule is effective October 9, 2008.
The Hazardous and Solid Waste
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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).
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.
F. How does this final rule affect states?
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.
Because EPA is issuing this exclusion
under the Federal RCRA delisting
program, only states subject to Federal
RCRA delisting provisions would be
affected. This would exclude states
which have received authorization from
EPA to make their own delisting
decisions.
EPA allows states to impose their own
non-RCRA regulatory requirements that
are more stringent than EPA’s, under
section 3009 of RCRA, 42 U.S.C. 6929.
These more stringent requirements may
include a provision that prohibits a
Federally issued exclusion from taking
effect in the state. Because a dual system
(that is, both Federal (RCRA) and State
(non-RCRA) programs) may regulate a
petitioner’s waste, EPA urges petitioners
to contact the State regulatory authority
to establish the status of their wastes
under the State law.
EPA has also authorized some states
(for example, Louisiana, Oklahoma,
Georgia, and Illinois) to administer an
RCRA delisting program in place of the
Federal program; that is, to make state
delisting decisions. Therefore, this
exclusion does not apply in those
authorized states unless that state makes
the rule part of its authorized program.
If Lockheed Martin Aeronautics
Company transports the petitioned
waste to or manages the waste in any
state with delisting authorization,
Lockheed Martin Aeronautics Company
must obtain delisting authorization from
that state before it can manage the waste
as non-hazardous 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.
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III. EPA’s Evaluation of the Waste
Information and Data
A. What waste did Lockheed Martin
Aeronautics Company petition EPA to
delist?
On February 21, 2006, Lockheed
Martin Aeronautics Company petitioned
EPA to exclude from the lists of
hazardous wastes contained in § 261.31,
sludge (F019) generated from its facility
located in Forth Worth, Texas. The
waste falls under the classification of
listed waste pursuant to § 261.31.
B. How much waste did Lockheed
Martin Aeronautics Company propose
to delist?
Specifically, in its petition, Lockheed
Martin Aeronautics Company requested
that EPA grant a standard exclusion for
90 cubic yards per year of sludge
resulting from the treatment of waste
waters from the manufacturing
processes at its facility.
C. How did Lockheed Martin
Aeronautics Company sample and
analyze the waste data in this petition?
To support its petition, Lockheed
Martin Aeronautics Company
submitted:
• Analytical results of the toxicity
characteristic leaching procedure and
total constituent analysis for volatile
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and semi volatile organics, pesticides,
herbicides, dioxins/furans, PCBs and
metals for six sludge samples;
• Analytical results from multiple pH
leaching of metals; and
• Descriptions of the wastewater
treatment process.
IV. Public Comments Received on the
Proposed Exclusion
Who submitted comments on the
proposed rule?
No comments were received on the
Proposed Rule.
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
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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.
Lists 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: October 1, 2008.
Bill Luthans,
Acting Director, Multimedia Planning and
Permitting Division, Region 6.
For the reasons set out in the
preamble, 40 CFR part 261 is proposed
to be amended as follows:
■
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
2. In Table 1 of Appendix IX of Part
261 add the following waste stream in
alphabetical order by facility to read as
follows:
■
Appendix IX to Part 261—Waste
Excluded Under §§ 260.20 and 260.22
TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES
Facility
Address
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Lockheed Martin Aeronautics Company.
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Waste description
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Fort Worth, TX ............ Sludge (EPA Hazardous Waste Number F019) generated at a maximum rate of 90 cubic
yards per calendar year after October 9, 2008.
For the exclusion to be valid, Lockheed Martin Aeronautics Company must implement a
verification testing program that meets the following Paragraphs:
(1) Delisting Levels: All concentrations for those constituents must not exceed the maximum
allowable concentrations in mg/l specified in this paragraph.
Sludge Leachable Concentrations (mg/l): Antimony—8.45; Arsenic—0.657; Barium—100.0;
Cadmium—1.00; Chromium—5.0; Chromium, Hexavalent—5.0; Cobalt—1040; Copper—
1810; Cyanide—240; Lead—5.0; Mercury—0.20; Nickel—1040; Selenium—1.0; Silver—
5.0; Vanadium—51.5; Zinc—15800; Acetone—40600; Acetonitrile—766; Carbon Disulfide—4400; Ethylbenzene—846; Methyl Ethyl Ketone—200.0; Methyl Isobutyl Ketone—
3610; Methylene Chloride—6.16; Toluene—1180; Xylenes—745.
(2) Waste Holding and Handling:
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
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Facility
Address
Waste description
(A) Waste classification as non-hazardous can not begin until compliance with the limits set
in paragraph (1) for sludge has occurred for two consecutive quarterly sampling events.
(B) If constituent levels in any sample taken by Lockheed Martin Aeronautics Company exceed any of the delisting levels set in paragraph (1) for the sludge, Lockheed Martin Aeronautics Company must do the following:
(i) notify EPA in accordance with paragraph (6) and
(ii) manage and dispose the sludge as hazardous waste generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming final, Lockheed Martin Aeronautics Company may perform
quarterly analytical testing by sampling and analyzing the sludge as follows:
(A) Quarterly Testing:
(i) Collect two representative composite samples of the sludge at quarterly intervals after
EPA grants the final exclusion. The first composite samples may be taken at any time after
EPA grants the final approval. Sampling should be performed in accordance with the sampling plan approved by EPA in support of the exclusion.
(ii) Analyze the samples for all constituents listed in paragraph (1). Any composite sample
taken that exceeds the delisting levels listed in paragraph (1) for the sludge must be disposed as hazardous waste in accordance with the applicable hazardous waste requirements.
(iii) Within thirty (30) days after taking each quarterly sample, Lockheed Martin Aeronautics
Company will report its quarterly analytical test data to EPA. If levels of constituents measured in the samples of the sludge do not exceed the levels set forth in paragraph (1) of this
exclusion for two consecutive quarters or sampling events, Lockheed Martin Aeronautics
Company can manage and dispose the non-hazardous sludge according to all applicable
solid waste regulations.
(B) Annual Testing:
(i) If Lockheed Martin Aeronautics Company completes the quarterly testing specified in paragraph (3) above and no sample contains a constituent at a level which exceeds the limits
set forth in paragraph (1), Lockheed Martin Aeronautics Company may begin annual testing as follows: Lockheed Martin Aeronautics Company must test two representative composite samples of the sludge for all constituents listed in paragraph (1) at least once per
calendar year.
(ii) The samples for the annual testing shall be a representative composite sample according
to 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 samples of the Lockheed Martin Aeronautics Company sludge are representative for all constituents listed in paragraph (1).
(iii) The samples for the annual testing taken for the second and subsequent annual testing
events shall be taken within the same calendar month as the first annual sample taken.
(iv) The annual testing report should include the total amount of waste in cubic yards disposed during the calendar year.
(4) Changes in Operating Conditions: If Lockheed Martin Aeronautics Company significantly
changes the process described in its petition or starts any processes that generate(s) the
waste that may or could affect the composition or type of waste generated (by illustration,
but not limitation, changes in equipment or operating conditions of the treatment process),
it must notify EPA in writing and it may no longer handle the wastes generated from the
new process as non-hazardous until the wastes meet the delisting levels set in paragraph
(1) and it has received written approval to do so from EPA.
Lockheed Martin Aeronautics Company must submit a modification to the petition complete
with full sampling and analysis for circumstances where the waste volume changes and/or
additional waste codes are added to the waste stream.
(5) Data Submittals:
Lockheed Martin Aeronautics Company must submit the information described below. If Lockheed Martin Aeronautics Company fails to submit the required data within the specified
time or maintain the required records on-site for the specified time, EPA, at its discretion,
will consider this sufficient basis to reopen the exclusion as described in paragraph (6).
Lockheed Martin Aeronautics Company must:
(A) Submit the data obtained through paragraph (3) to the Chief, Corrective Action and
Waste Minimization Section, Multimedia Planning and Permitting Division, U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, Texas, 75202, within the time
specified. All supporting data can be submitted on CD–ROM or some comparable electronic media.
(B) Compile records of analytical data from paragraph (3), summarized, and maintained onsite for a minimum of five years.
(C) Furnish these records and data when either EPA or the State of Texas requests them for
inspection.
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
(D) Send along with all data a signed copy of the following certification statement, to attest to
the truth and accuracy of the data submitted:
‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent
statements or representations (pursuant to the applicable provisions of the Federal Code,
which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that
the information contained in or accompanying this document is true, accurate and complete.
As to the (those) identified section(s) of this document for which I cannot personally verify its
(their) truth and accuracy, I certify as the company official having supervisory responsibility
for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete.
If any of this information is determined by EPA in its sole discretion to be false, inaccurate or
incomplete, and upon conveyance of this fact to the company, I recognize and agree that
this exclusion of waste will be void as if it never had effect or to the extent directed by EPA
and that the company will be liable for any actions taken in contravention of the company’s
RCRA and CERCLA obligations premised upon the company’s reliance on the void exclusion.’’
(6) Reopener:
(A) If, anytime after disposal of the delisted waste Lockheed Martin Aeronautics Company
possesses or is otherwise made aware of any environmental data (including but not limited
to leachate data or ground water monitoring data) or any other data relevant to the delisted
waste indicating that any constituent identified for the delisting verification testing is at level
higher than the delisting level allowed by the Division Director in granting the petition, then
the facility must report the data, in writing, to the Division Director within 10 days of first
possessing or being made aware of that data.
(B) If either the quarterly or annual testing of the waste does not meet the delisting requirements in paragraph 1, Lockheed Martin Aeronautics Company must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that
data.
(C) If Lockheed Martin Aeronautics Company fails to submit the information described in
paragraphs (5), (6)(A) or (6)(B) or if any other information is received from any source, the
Division Director will make a preliminary determination as to whether the reported information requires EPA action to protect human health and/or the environment. Further action
may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment.
(D) If the Division Director determines that the reported information requires action by EPA,
the Division Director will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include
a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed EPA action is not necessary. The facility shall have 10 days from the date of the Division Director’s notice to present such information.
(E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no
information is presented under paragraph (6)(D)) the initial receipt of information described
in paragraphs (5), (6)(A) or (6)(B), the Division Director will issue a final written determination describing EPA actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director’s determination shall become
effective immediately, unless the Division Director provides otherwise.
(7) Notification Requirements: Lockheed Martin Aeronautics Company must do the following
before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision.
(A) Provide a one-time written notification to any state Regulatory Agency to which or through
which it will transport the delisted waste described above for disposal, 60 days before beginning such activities.
(B) Update one-time written notification, if it ships the delisted waste into a different disposal
facility.
(C) Failure to provide this notification will result in a violation of the delisting variance and a
possible revocation of the decision.
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59528
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations
[FR Doc. E8–24009 Filed 10–8–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
42 CFR Part 100
RIN 0906–AA55
National Vaccine Injury Compensation
Program: Removal of Separate
Category for Vaccines Containing Live,
Oral, Rhesus-Based Rotavirus From
the Vaccine Injury Table
Health Resources and Services
Administration, HHS.
ACTION: Interim final rule.
erowe on PROD1PC64 with RULES
AGENCY:
SUMMARY: Through this interim final
rule, the Secretary removes the category
of vaccines containing live, oral, rhesusbased rotavirus, Category XII, from the
Vaccine Injury Table (Table). The Table
includes a list of covered vaccines
under the National Vaccine Injury
Compensation Program (VICP). The
VICP provides a system of no-fault
compensation for certain individuals
who have been injured by covered
childhood vaccines. This interim final
rule is technical in nature. Even prior to
the publication of this final rule,
Category XII, the category that is being
removed from the Table, only applied to
vaccines that were administered on or
before August 26, 2002. Given the
applicable statute of limitations and the
fact that Category XII limited its
application to vaccines administered on
or before August 26, 2002, the Secretary
believes that no persons have claims
that could be pursued under that
category. Petitioners may still be able to
file petitions relating to rotavirus
vaccines under Category XI of the Table,
the category of ‘‘rotavirus vaccines,’’
which does not include any associated
injuries. Although the Secretary believes
that the changes made in this interim
final rule are noncontroversial as they
do not affect the rights of any potential
petitioners with the VICP, the
Department is seeking public comment
on this interim final rule. Written
comments must be submitted on or
before November 10, 2008. The
Department will consider the comments
received and will decide whether to
amend the Table based on such
comments.
This regulation is effective
November 10, 2008.
DATES:
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You may submit written
comments, identified by the Regulatory
Information Number (RIN) 0906–AA55
by an any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: gevans@hrsa.gov. Include
RIN 0906–AA55 in the subject line of
the message.
• Mail: Geoffrey Evans, M.D.,
Director, Division of Vaccine Injury
Compensation, Healthcare Systems
Bureau, Health Resources and Services
Administration (HRSA), Room 11C–26,
Parklawn Building, 5600 Fishers Lane,
Rockville, Maryland 20857.
• Instructions: All submissions
received must include the agency name
and RIN for this rulemaking. All
comments received will be available for
public inspection and copying without
charge, including any personal
information provided, at Parklawn
Building, 5600 Fishers Lane Room 11C–
26, Rockville, Maryland 20857,
weekdays (Federal holidays excepted)
between the hours of 8:30 a.m. and 5
p.m.
FOR FURTHER INFORMATION CONTACT:
Geoffrey Evans, M.D., Director, Division
of Vaccine Injury Compensation,
Healthcare Systems Bureau, Health
Resources and Services Administration,
Parklawn Building, Room 11C–26, 5600
Fishers Lane, Rockville, Maryland
20857; telephone number (301) 443–
6593.
SUPPLEMENTARY INFORMATION:
The National Childhood Vaccine
Injury Act of 1986, title III of Public Law
99–660 (42 U.S.C. 300aa–10 et seq.)
established the National Vaccine Injury
Compensation Program (VICP) for
persons found to be injured by vaccines.
Under this Federal program, petitions
for compensation are filed with the
United States Court of Federal Claims
(Court). The Court, acting through
special masters, makes findings as to
eligibility for, and amount of,
compensation. In order to gain
entitlement to compensation under title
XXI of the Public Health Service (PHS)
Act for a covered vaccine, a petitioner
must establish a vaccine-related injury
or death, either by proving that the first
symptom of an injury/condition, as
defined by the Qualifications and Aids
to Interpretation, occurred within the
time period listed on the Vaccine Injury
Table (Table), and therefore presumed
to be caused by a vaccine (unless
another cause is found), or by proof of
vaccine causation, if the injury/
condition is not on the Table or did not
occur within the time period specified
on the Table.
ADDRESSES:
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The statute authorizing the VICP
provides for the inclusion of additional
vaccines in the VICP when they are
recommended by the Centers for Disease
Control and Prevention (CDC) for
routine administration to children. See
section 2114(e)(2) of the PHS Act, 42
U.S.C. 300aa–14(e)(2). Consistent with
section 13632(a)(3) of Public Law 103–
66, the regulations governing the VICP
provide that such vaccines will be
included in the Table as of the effective
date of an excise tax to provide funds
for the payment of compensation with
respect to such vaccines. (42 CFR
100.3(c)(5)). The statute authorizing the
VICP also authorizes the Secretary to
create and modify a list of injuries,
disabilities, illnesses, conditions, and
deaths (and their associated time
frames) associated with each category of
vaccines included on the Table. See
sections 2114(c)(3) and 2114(e)(2) of the
PHS Act, 42 U.S.C. 300aa–14(c)(3) and
300aa–14(e)(2).
Because the prerequisites for adding
rotavirus vaccines to the VICP occurred,
the Secretary published a final rule in
the Federal Register (FR) on July 27,
1999, adding vaccines against rotavirus
to the Table (64 FR 40517). Because the
Secretary had not identified any illness,
disease, injury or condition caused by
vaccines against rotavirus, the category
of vaccines was added to the Table with
‘‘[n]o condition specified.’’ The
Secretary made clear that if he learned
of any such illness, disease, injury or
condition, he would consider amending
the Table.
In a notice of proposed rulemaking
published on July 13, 2001, the
Secretary announced his findings that
the condition of intussusception could
reasonably be determined in some
circumstances to be caused by vaccines
containing live, oral, rhesus-based
rotavirus (66 FR 36735). Based on those
findings, the Secretary proposed
amending the Table by adding to the
Table vaccines containing live, oral,
rhesus-based rotavirus (trade name
Rotashield) as a distinct category, with
intussusception listed as a covered
Table injury. This proposal was based
upon the recommendation by the CDC
that Rotashield, the only rotavirus
vaccine licensed in the United States
(U.S.) at the time, no longer be
administered to infants in the U.S.
based on review of data indicating a
strong association between Rotashield
and intussusception in the 1 to 2 weeks
following vaccination.
In a final rule published July 25, 2002,
the Secretary made the changes
proposed in the earlier rule (67 FR
48558). After these amendments, the
Table included two categories of
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[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Rules and Regulations]
[Pages 59523-59528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24009]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R06-RCRA-2008-0418; SW-FRL-8727-8]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Environmental Protection Agency (EPA) is granting a petition
submitted by Lockheed Martin Aeronautics Company to exclude (or delist)
the sludge from its wastewater treatment plant generated by Lockheed
Martin Aeronautics Company in Fort Worth, Texas from the lists of
hazardous wastes. This final rule responds to the petition submitted by
Lockheed Martin Aeronautics Company to delist F019 sludge generated
from the facility's wastewater 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 90 cubic yards per year of
the F019 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: Effective Date: October 9, 2008.
ADDRESSES: The public docket for this final rule is located at the
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, and is available for viewing in EPA Freedom of Information
Act review room on the 7th floor from 8 a.m. to 4 p.m., Monday through
Friday, excluding Federal holidays. Call (214) 665-6444 for
appointments. The reference number for this docket is EPA-R06-RCRA-
2008-0418. The public may copy material from any regulatory docket at
no cost for the first 100 pages and at a cost of $0.15 per page for
additional copies.
FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the
Corrective Action and Waste Minimization Section, Multimedia Planning
and Permitting Division (6PD-C), Environmental Protection Agency Region
6, 1445 Ross Avenue, Dallas, Texas 75202.
For technical information concerning this notice, contact Wendy
Jacques, Environmental Protection Agency Region 6, 1445 Ross Avenue,
(6PD-F), Dallas, Texas 75202, at (214) 665-7395, or
jacques.wendy@epa.gov.
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:
I. Overview Information
A. What action is EPA finalizing?
B. Why is EPA approving this action?
C. What are the limits of this exclusion?
D. How will Lockheed Martin Aeronautics Company 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?
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 Lockheed Martin Aeronautics Company petition
EPA to delist?
B. How much waste did Lockheed Martin Aeronautics Company
propose to delist?
C. How did Lockheed Martin Aeronautics Company sample and
analyze the waste data in this petition?
IV. Public Comments Received on the proposed exclusion
Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews
I. Overview Information
A. What action is EPA finalizing?
After evaluating the petition, EPA proposed, on May 19, 2008, to
exclude the wastewater treatment plant sludge from the lists of
hazardous waste under 40 CFR 261.31 and 261.32 (see 70 FR 41358). EPA
is finalizing the decision to grant Lockheed Martin Aeronautics
Company'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?
Lockheed Martin Aeronautics Company's petition requests a delisting
from the F019 waste listing under 40 CFR 260.20 and 260.22. Lockheed
Martin Aeronautics Company does not
[[Page 59524]]
believe that the petitioned waste meets the criteria for which EPA
listed it. Lockheed Martin Aeronautics Company 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 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 non-hazardous with respect to the original
listing criteria. If EPA had found, based on this review, that the
waste remained hazardous based on the factors for which the waste as
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
Lockheed Martin Aeronautics Company's facility is based on the
information submitted in support of this rule, including descriptions
of the wastes and analytical data from the Fort Worth, Texas 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 40 CFR part 261, Appendix IX, Table 1
and the conditions contained herein are satisfied.
D. How will Lockheed Martin Aeronautics Company manage the waste if it
is delisted?
The sludge from Lockheed Martin Aeronautics Company will be
disposed of in a RCRA Subtitle D landfill.
E. When is the final delisting exclusion effective?
This rule is effective October 9, 2008. 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. Because a dual system (that is, both Federal
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's
waste, EPA urges petitioners to contact the State regulatory authority
to establish the status of their wastes under the State law.
EPA has also authorized some states (for example, Louisiana,
Oklahoma, Georgia, and Illinois) to administer an RCRA delisting
program in place of the Federal program; that is, to make state
delisting decisions. Therefore, this exclusion does not apply in those
authorized states unless that state makes the rule part of its
authorized program. If Lockheed Martin Aeronautics Company transports
the petitioned waste to or manages the waste in any state with
delisting authorization, Lockheed Martin Aeronautics Company must
obtain delisting authorization from that state before it can manage the
waste as non-hazardous 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 Lockheed Martin Aeronautics Company petition EPA to
delist?
On February 21, 2006, Lockheed Martin Aeronautics Company
petitioned EPA to exclude from the lists of hazardous wastes contained
in Sec. 261.31, sludge (F019) generated from its facility located in
Forth Worth, Texas. The waste falls under the classification of listed
waste pursuant to Sec. 261.31.
B. How much waste did Lockheed Martin Aeronautics Company propose to
delist?
Specifically, in its petition, Lockheed Martin Aeronautics Company
requested that EPA grant a standard exclusion for 90 cubic yards per
year of sludge resulting from the treatment of waste waters from the
manufacturing processes at its facility.
C. How did Lockheed Martin Aeronautics Company sample and analyze the
waste data in this petition?
To support its petition, Lockheed Martin Aeronautics Company
submitted:
Analytical results of the toxicity characteristic leaching
procedure and total constituent analysis for volatile
[[Page 59525]]
and semi volatile organics, pesticides, herbicides, dioxins/furans,
PCBs and metals for six sludge samples;
Analytical results from multiple pH leaching of metals;
and
Descriptions of the wastewater treatment process.
IV. Public Comments Received on the Proposed Exclusion
Who submitted comments on the proposed rule?
No comments were received on the Proposed Rule.
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.
Lists 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: October 1, 2008.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division, Region 6.
0
For the reasons set out in the preamble, 40 CFR part 261 is proposed to
be amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
0
2. In Table 1 of Appendix IX of Part 261 add the following waste stream
in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and
260.22
Table 1--Waste Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Lockheed Martin Aeronautics Company.. Fort Worth, TX......... Sludge (EPA Hazardous Waste Number F019)
generated at a maximum rate of 90 cubic yards
per calendar year after October 9, 2008.
For the exclusion to be valid, Lockheed Martin
Aeronautics Company must implement a
verification testing program that meets the
following Paragraphs:
(1) Delisting Levels: All concentrations for
those constituents must not exceed the maximum
allowable concentrations in mg/l specified in
this paragraph.
Sludge Leachable Concentrations (mg/l):
Antimony--8.45; Arsenic--0.657; Barium--100.0;
Cadmium--1.00; Chromium--5.0; Chromium,
Hexavalent--5.0; Cobalt--1040; Copper--1810;
Cyanide--240; Lead--5.0; Mercury--0.20; Nickel--
1040; Selenium--1.0; Silver--5.0; Vanadium--
51.5; Zinc--15800; Acetone--40600;
Acetonitrile--766; Carbon Disulfide--4400;
Ethylbenzene--846; Methyl Ethyl Ketone--200.0;
Methyl Isobutyl Ketone--3610; Methylene
Chloride--6.16; Toluene--1180; Xylenes--745.
(2) Waste Holding and Handling:
[[Page 59526]]
(A) Waste classification as non-hazardous can
not begin until compliance with the limits set
in paragraph (1) for sludge has occurred for
two consecutive quarterly sampling events.
(B) If constituent levels in any sample taken by
Lockheed Martin Aeronautics Company exceed any
of the delisting levels set in paragraph (1)
for the sludge, Lockheed Martin Aeronautics
Company must do the following:
(i) notify EPA in accordance with paragraph (6)
and
(ii) manage and dispose the sludge as hazardous
waste generated under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming final, Lockheed
Martin Aeronautics Company may perform
quarterly analytical testing by sampling and
analyzing the sludge as follows:
(A) Quarterly Testing:
(i) Collect two representative composite samples
of the sludge at quarterly intervals after EPA
grants the final exclusion. The first composite
samples may be taken at any time after EPA
grants the final approval. Sampling should be
performed in accordance with the sampling plan
approved by EPA in support of the exclusion.
(ii) Analyze the samples for all constituents
listed in paragraph (1). Any composite sample
taken that exceeds the delisting levels listed
in paragraph (1) for the sludge must be
disposed as hazardous waste in accordance with
the applicable hazardous waste requirements.
(iii) Within thirty (30) days after taking each
quarterly sample, Lockheed Martin Aeronautics
Company will report its quarterly analytical
test data to EPA. If levels of constituents
measured in the samples of the sludge do not
exceed the levels set forth in paragraph (1) of
this exclusion for two consecutive quarters or
sampling events, Lockheed Martin Aeronautics
Company can manage and dispose the non-
hazardous sludge according to all applicable
solid waste regulations.
(B) Annual Testing:
(i) If Lockheed Martin Aeronautics Company
completes the quarterly testing specified in
paragraph (3) above and no sample contains a
constituent at a level which exceeds the limits
set forth in paragraph (1), Lockheed Martin
Aeronautics Company may begin annual testing as
follows: Lockheed Martin Aeronautics Company
must test two representative composite samples
of the sludge for all constituents listed in
paragraph (1) at least once per calendar year.
(ii) The samples for the annual testing shall be
a representative composite sample according to
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 samples of the Lockheed Martin
Aeronautics Company sludge are representative
for all constituents listed in paragraph (1).
(iii) The samples for the annual testing taken
for the second and subsequent annual testing
events shall be taken within the same calendar
month as the first annual sample taken.
(iv) The annual testing report should include
the total amount of waste in cubic yards
disposed during the calendar year.
(4) Changes in Operating Conditions: If Lockheed
Martin Aeronautics Company significantly
changes the process described in its petition
or starts any processes that generate(s) the
waste that may or could affect the composition
or type of waste generated (by illustration,
but not limitation, changes in equipment or
operating conditions of the treatment process),
it must notify EPA in writing and it may no
longer handle the wastes generated from the new
process as non-hazardous until the wastes meet
the delisting levels set in paragraph (1) and
it has received written approval to do so from
EPA.
Lockheed Martin Aeronautics Company must submit
a modification to the petition complete with
full sampling and analysis for circumstances
where the waste volume changes and/or
additional waste codes are added to the waste
stream.
(5) Data Submittals:
Lockheed Martin Aeronautics Company must submit
the information described below. If Lockheed
Martin Aeronautics Company fails to submit the
required data within the specified time or
maintain the required records on-site for the
specified time, EPA, at its discretion, will
consider this sufficient basis to reopen the
exclusion as described in paragraph (6).
Lockheed Martin Aeronautics Company must:
(A) Submit the data obtained through paragraph
(3) to the Chief, Corrective Action and Waste
Minimization Section, Multimedia Planning and
Permitting Division, U.S. Environmental
Protection Agency Region 6, 1445 Ross Ave.,
Dallas, Texas, 75202, within the time
specified. All supporting data can be submitted
on CD-ROM or some comparable electronic media.
(B) Compile records of analytical data from
paragraph (3), summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data when either
EPA or the State of Texas requests them for
inspection.
[[Page 59527]]
(D) Send along with all data a signed copy of
the following certification statement, to
attest to the truth and accuracy of the data
submitted:
``Under civil and criminal penalty of law for
the making or submission of false or fraudulent
statements or representations (pursuant to the
applicable provisions of the Federal Code,
which include, but may not be limited to, 18
U.S.C. 1001 and 42 U.S.C. 6928), I certify that
the information contained in or accompanying
this document is true, accurate and complete.
As to the (those) identified section(s) of this
document for which I cannot personally verify
its (their) truth and accuracy, I certify as
the company official having supervisory
responsibility for the persons who, acting
under my direct instructions, made the
verification that this information is true,
accurate and complete.
If any of this information is determined by EPA
in its sole discretion to be false, inaccurate
or incomplete, and upon conveyance of this fact
to the company, I recognize and agree that this
exclusion of waste will be void as if it never
had effect or to the extent directed by EPA and
that the company will be liable for any actions
taken in contravention of the company's RCRA
and CERCLA obligations premised upon the
company's reliance on the void exclusion.''
(6) Reopener:
(A) If, anytime after disposal of the delisted
waste Lockheed Martin Aeronautics Company
possesses or is otherwise made aware of any
environmental data (including but not limited
to leachate data or ground water monitoring
data) or any other data relevant to the
delisted waste indicating that any constituent
identified for the delisting verification
testing is at level higher than the delisting
level allowed by the Division Director in
granting the petition, then the facility must
report the data, in writing, to the Division
Director within 10 days of first possessing or
being made aware of that data.
(B) If either the quarterly or annual testing of
the waste does not meet the delisting
requirements in paragraph 1, Lockheed Martin
Aeronautics Company must report the data, in
writing, to the Division Director within 10
days of first possessing or being made aware of
that data.
(C) If Lockheed Martin Aeronautics Company fails
to submit the information described in
paragraphs (5), (6)(A) or (6)(B) or if any
other information is received from any source,
the Division Director will make a preliminary
determination as to whether the reported
information requires EPA action to protect
human health and/or the environment. Further
action may include suspending, or revoking the
exclusion, or other appropriate response
necessary to protect human health and the
environment.
(D) If the Division Director determines that the
reported information requires action by EPA,
the Division Director will notify the facility
in writing of the actions the Division Director
believes are necessary to protect human health
and the environment. The notice shall include a
statement of the proposed action and a
statement providing the facility with an
opportunity to present information as to why
the proposed EPA action is not necessary. The
facility shall have 10 days from the date of
the Division Director's notice to present such
information.
(E) Following the receipt of information from
the facility described in paragraph (6)(D) or
(if no information is presented under paragraph
(6)(D)) the initial receipt of information
described in paragraphs (5), (6)(A) or (6)(B),
the Division Director will issue a final
written determination describing EPA actions
that are necessary to protect human health and/
or the environment. Any required action
described in the Division Director's
determination shall become effective
immediately, unless the Division Director
provides otherwise.
(7) Notification Requirements: Lockheed Martin
Aeronautics Company must do the following
before transporting the delisted waste. Failure
to provide this notification will result in a
violation of the delisting petition and a
possible revocation of the decision.
(A) Provide a one-time written notification to
any state Regulatory Agency to which or through
which it will transport the delisted waste
described above for disposal, 60 days before
beginning such activities.
(B) Update one-time written notification, if it
ships the delisted waste into a different
disposal facility.
(C) Failure to provide this notification will
result in a violation of the delisting variance
and a possible revocation of the decision.
* * * * * * *
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[[Page 59528]]
[FR Doc. E8-24009 Filed 10-8-08; 8:45 am]
BILLING CODE 6560-50-P
