Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion, 51678-51683 [2010-20848]
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
Tokusen 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.
*
*
*
*
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–2009–
0108. 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.
*
[FR Doc. 2010–20847 Filed 8–20–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R06–RCRA–2008–0456; SW–FRL–
9191–7]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
Environmental Protection
Agency (EPA) is granting a petition
submitted by Occidental Chemical
Corporation (OxyChem) to exclude (or
delist) its wastewater treatment
biosludge generated by its Ingleside,
Texas facility from the lists of hazardous
wastes. This final rule responds to the
petition submitted by OxyChem to
delist K019, K020, F025, F001, F003,
and F005 waste resulting from the
treatment of wastewaters from the
manufacturing processes at its facility.
After careful analysis and use of the
Delisting Risk Assessment Software
(DRAS), EPA has concluded that the
petitioned waste is not hazardous waste.
This exclusion applies to 7,500 cubic
yards per year of the K019, K020, F025,
F001, F003, and F005 waste.
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: August 23, 2010.
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 the EPA Freedom of
Information Act review room on the 7th
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SUMMARY:
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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:
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 OxyChem 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 OxyChem petition EPA
to delist?
B. How much waste did OxyChem propose
to delist?
C. How did OxyChem 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?
V. Statutory and Executive Order Reviews
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I. Overview Information
A. What action is EPA finalizing?
After evaluating the petition, EPA
proposed, on July 9, 2009, to exclude
the wastewater treatment biosludge
from the lists of hazardous waste under
40 CFR 261.31 and 261.32 (see 73 FR
54760). EPA is finalizing the decision to
grant OxyChem’s delisting petition to
have its wastewater treatment biosludge
managed and disposed as nonhazardous waste provided certain
verification and monitoring conditions
are met.
B. Why is EPA approving this action?
OxyChem’s petition requests a
delisting from K019, K020, F025, F001,
F003, and F005 wastes listed under 40
CFR 260.20 and 260.22. OxyChem does
not believe that the petitioned wastes
meet the criteria for which EPA listed it.
OxyChem 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
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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 the waste water
treatment biosludge from OxyChem’s
facility is based on the information
submitted in support of this rule,
including descriptions of the wastes and
analytical data from the Ingleside, 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 OxyChem manage the waste
if it is delisted?
The wastewater treatment biosludge
from OxyChem will be disposed of in a
RCRA Subtitle D landfill.
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E. When is the final delisting exclusion
effective?
This rule is effective August 23, 2010.
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
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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 a
RCRA delisting program in place of the
Federal program; that is, to make State
delisting decisions. Therefore, this
exclusion does not apply in those
authorized States unless that State
makes the rule part of its authorized
program. If OxyChem transports the
petitioned waste to or manages the
waste in any State with delisting
authorization, OxyChem must obtain
delisting authorization from that State
before it can manage the waste as nonhazardous in the State.
II. Background
A. What is a delisting petition?
A delisting petition is a request from
a generator to EPA, or another agency
with jurisdiction, to exclude or delist
from the RCRA list of hazardous waste,
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. Based on the complete
application, the Administrator must
determine, where he/she has a
reasonable basis to believe that factors
(including additional constituents) other
than those for which the waste was
listed could cause the waste to be a
hazardous waste, that such factors do
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51679
not warrant retaining the waste as a
hazardous waste. The generator must
also supply information to demonstrate
that the waste does not exhibit any of
the characteristics defined in § 261.21–
§ 261.24.
III. EPA’s Evaluation of the Waste
Information and Data
A. What waste did OxyChem petition
EPA to delist?
On September 20, 2007, OxyChem
petitioned EPA to exclude from the lists
of hazardous wastes contained in
§ 261.31, wastewater treatment
biosludge (K019, K020, F025, F001,
F003, and F005) generated from its
facility located in Ingleside, Texas. The
waste falls under the classification of
listed waste pursuant to § 261.31.
B. How much waste did OxyChem
propose to delist?
Specifically, in its petition, OxyChem
requested that EPA grant a standard
exclusion for 7,500 cubic yards per year
of biosludge resulting from the
treatment of wastewaters from the
manufacturing processes at its facility.
C. How did OxyChem sample and
analyze the waste data in this petition?
To support its petition, OxyChem
submitted:
• Analytical results of the toxicity
characteristic leaching procedure and
total constituent analysis for volatile
and semi volatile organics, pesticides,
herbicides, dioxins/furans, PCBs and
metals for four wastewater treatment
biosludge samples;
• Analytical results from multiple pH
leaching of metals; and
• Descriptions of the waste water
treatment process.
IV. Public Comments Received on the
Proposed Exclusion
A. Who submitted comments on the
proposed rule?
The EPA received a Freedom of
Information request for OxyChem’s
original delisting petition and all
supporting documents from Arnold &
Porter LLP. The EPA submitted
OxyChem’s original delisting petition
and all supporting documents,
excluding all confidential material, to
Arnold & Porter LLP. No specific
comments were received.
EPA discovered an error in the
proposed exclusion for the total
concentration limit for 2,3,7,8–TCDD in
the proposed rule. The calculated value
for the delisting limit for 2,3,7,8–TCDD
should be 5.23E–04 mg/kg instead of
4.30E–05 mg/kg as was proposed. This
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change does not materially affect the
proposal.
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: August 11, 2010.
Bill Luthans,
Acting Director, Multimedia Planning and
Permitting Division, Region 6.
For the reasons set out in the
preamble, 40 CFR Part 261 is 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 Tables 1 and 2 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
Address
Waste description
*
Oxychem .....................
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Facility
*
*
Ingleside, TX ...............................
*
*
*
*
Wastewater Treatment Biosludge (EPA Hazardous Waste Number K019, K020,
F025, F001, F003, and F005) generated at a maximum rate of 7,500 cubic yards
per calendar year after August 23, 2010.
For the exclusion to be valid, OxyChem must implement a verification testing program that meets the following Paragraphs:
(1)(A) Delisting Levels: All concentrations for those constituents must not exceed
the maximum allowable concentrations in mg/l specified in this paragraph.
Wastewater treatment biosludge Leachable Concentrations (mg/l): Antimony—
0.111;
Acetone—533;
Arsenic—0.178;
Barium—36.9;
Bis(2ethylhexyl)phthalate—6.15; Chromium—2.32; Copper—26.5; Ethylbenzene—
11.1; Methylene Chloride—0.0809; Naphthalene—0.0355; Nickel—13.8; Phenanthrene—2.72; Toluene—15.5; Trichloroethane—11900; Trichloroethylene—
0.0794; Vanadium—1.00; Zinc—202.
(B) Total Concentration Limits in mg/Kg: Tetrachlorodibenzo-p-dioxin (TCDD)
2,3,7,8 Equivalent—5.23 E–04
(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 wastewater treatment biosludge has occurred for
four consecutive weekly sampling events.
(B) If constituent levels in any annual sample and retest sample taken by
OxyChem exceed any of the delisting levels set in paragraph (1) for the wastewater treatment biosludge, OxyChem must do the following:
(i) Notify EPA in accordance with paragraph (6) and
(ii) Manage and dispose the wastewater treatment biosludge as hazardous waste
generated under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming final, OxyChem must perform analytical testing by
sampling and analyzing the wastewater treatment biosludge as follows:
(A) Initial Verification Testing:
(i) Collect four representative composite samples of the wastewater treatment biosludge at weekly intervals after EPA grants the final exclusion. The first composite sample may be taken at any time after EPA grants the final approval.
Sampling must 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) indicates
that the wastewater treatment biosludge must continue to be disposed as hazardous waste in accordance with the applicable hazardous waste requirements
until such time that four consecutive weekly samples indicate compliance with
delisting levels listed in paragraph (1).
(iii) Within sixty (60) days after taking its last weekly sample, OxyChem will report
its analytical test data to EPA. If levels of constituents measured in the samples
of the wastewater treatment biosludge do not exceed the levels set forth in paragraph (1) of this exclusion for four consecutive weeks, OxyChem can manage
and dispose the non-hazardous wastewater treatment biosludge according to all
applicable solid waste regulations.
(B) Annual Testing:
(i) If OxyChem completes the weekly testing specified in paragraph (3) above and
no sample contains a constituent at a level which exceeds the limits set forth in
paragraph (1), OxyChem must begin annual testing as follows: OxyChem must
test a representative composite sample of the wastewater treatment biosludge
for all constituents listed in paragraph (1) at least once per calendar year. If any
measured constituent concentration exceeds the delisting levels set forth in paragraph (1), OxyChem must collect an additional representative composite sample
within 10 days of being made aware of the exceedence and test it expeditiously
for the constituent(s) which exceeded delisting levels in the original annual sample.
(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 OxyChem wastewater treatment biosludge 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 delisted waste in
cubic yards disposed during the calendar year.
(4) Changes in Operating Conditions: If OxyChem 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.
OxyChem 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.
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
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Facility
Address
Waste description
(5) Data Submittals: OxyChem must submit the information described below. If
OxyChem 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).
OxyChem 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 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.
(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 OxyChem 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 annual testing (and retest, if applicable) of the waste does not meet
the delisting requirements in paragraph 1, OxyChem 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 OxyChem 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
receipt 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:
OxyChem 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.
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Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Rules and Regulations
51683
TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
(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.
TABLE 2—WASTE EXCLUDED FROM SPECIFIC SOURCES
Facility
Address
*
Oxychem .....................
*
*
*
*
*
*
.................................................
*
[FR Doc. 2010–20848 Filed 8–20–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907301206–0032–02]
RIN 0648–XX82
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Closure of the
Directed Butterfish Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
directed fishery for butterfish in the
Exclusive Economic Zone (EEZ) will be
closed effective 0001 hours, August 24,
2010. Vessels issued a Federal permit to
harvest butterfish may not retain or land
more than 250 lb (0.11–mt) of butterfish
per trip for the remainder of the year
(through December 31, 2010). This
action is necessary to prevent the
fishery from exceeding its domestic
annual harvest (DAH) of 485 mt, and to
allow for effective management of this
stock.
sroberts on DSKD5P82C1PROD with RULES
SUMMARY:
Effective 0001 hours, August 24,
2010, through 2400 hours, December 31,
2010.
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fishery Management
Specialist, 978 675–2179, Fax 978–281–
9135.
DATES:
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Waste description
15:54 Aug 20, 2010
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*
*
*
*
Wastewater Treatment Biosludge (EPA Hazardous Waste Number K019, K020,
F025, F001, F003, and F005) generated at a maximum rate of 7,500 cubic yards
per calendar year after August 23, 2010.
Oxychem must implement the testing program in Table 1. Wastes Excluded from
Non-Specific Sources for the petition to be valid.
SUPPLEMENTARY INFORMATION:
Regulations governing the butterfish
fishery are found at 50 CFR part 648.
The regulations require specifications
for maximum sustainable yield, initial
optimum yield, allowable biological
catch, domestic annual harvest (DAH),
domestic annual processing, joint
venture processing, and total allowable
levels of foreign fishing for the species
managed under the Atlantic Mackerel,
Squid, and Butterfish Fishery
Management Plan (FMP). The
procedures for setting the annual initial
specifications are described in § 648.21.
The 2010 specification of DAH for
butterfish was set at 485 mt (75 FR 5537,
February 3, 2010).
Section 648.22 requires NMFS to
close the directed butterfish fishery in
the EEZ when 80 percent of the total
annual DAH has been harvested. If 80
percent of the butterfish DAH is
projected to be landed prior to October
1, a 250–lb (0.11–mt) incidental
butterfish possession limit is put in
effect for the remainder of the year, and
if 80 percent of the butterfish DAH is
projected to be landed on or after
October 1, a 600–lb (0.27–mt) incidental
butterfish possession limit is put in
effect for the remainder of the year.
NMFS is further required to notify, in
advance of the closure, the Executive
Directors of the Mid-Atlantic, New
England, and South Atlantic Fishery
Management Councils; mail notification
of the closure to all holders of butterfish
permits at least 72 hr before the effective
date of the closure; provide adequate
notice of the closure to recreational
participants in the fishery; and publish
notification of the closure in the Federal
Register.
The Administrator, Northeast Region,
NMFS, based on dealer reports and
other available information, has
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determined that 80 percent of the DAH
for butterfish in 2010 fishing year will
be harvested. Therefore, effective 0001
hours, August 24, 2010, the directed
fishery for the butterfish fishery is
closed and vessels issued Federal
permits for butterfish may not retain or
land more than 250 lb (0.11 mt) of
butterfish per trip or calendar day. The
directed fishery will reopen effective
0001 hours, January 1, 2011, when the
2011 DAH becomes available.
Classification
This action is required by 50 CFR part
648, and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
contrary to the public interest. This
action closes the butterfish fishery until
January 1, 2011, under current
regulations. The regulations at § 648.21
require such action to ensure that
butterfish vessels do not exceed the
2010 TAC. Data indicating the butterfish
fleet will have landed at least 80 percent
of the 2010 TAC have only recently
become available. If implementation of
this closure if delayed to solicit prior
public comment, the quota for this year
will be exceeded, thereby undermining
the conservation objectives of the FMP.
The AA further finds, pursuant to 5
U.S.C. 553(d)(3), good cause to waive
the 30–day delayed effectiveness period
for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
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]]>Agencies
[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Rules and Regulations]
[Pages 51678-51683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20848]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R06-RCRA-2008-0456; SW-FRL-9191-7]
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 Occidental Chemical Corporation (OxyChem) to exclude (or
delist) its wastewater treatment biosludge generated by its Ingleside,
Texas facility from the lists of hazardous wastes. This final rule
responds to the petition submitted by OxyChem to delist K019, K020,
F025, F001, F003, and F005 waste resulting from the treatment of
wastewaters from the manufacturing processes at its facility.
After careful analysis and use of the Delisting Risk Assessment
Software (DRAS), EPA has concluded that the petitioned waste is not
hazardous waste. This exclusion applies to 7,500 cubic yards per year
of the K019, K020, F025, F001, F003, and F005 waste. 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: August 23, 2010.
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 the 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-
2009-0108. 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 OxyChem 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 OxyChem petition EPA to delist?
B. How much waste did OxyChem propose to delist?
C. How did OxyChem 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?
V. Statutory and Executive Order Reviews
I. Overview Information
A. What action is EPA finalizing?
After evaluating the petition, EPA proposed, on July 9, 2009, to
exclude the wastewater treatment biosludge from the lists of hazardous
waste under 40 CFR 261.31 and 261.32 (see 73 FR 54760). EPA is
finalizing the decision to grant OxyChem's delisting petition to have
its wastewater treatment biosludge managed and disposed as non-
hazardous waste provided certain verification and monitoring conditions
are met.
B. Why is EPA approving this action?
OxyChem's petition requests a delisting from K019, K020, F025,
F001, F003, and F005 wastes listed under 40 CFR 260.20 and 260.22.
OxyChem does not believe that the petitioned wastes meet the criteria
for which EPA listed it. OxyChem 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
[[Page 51679]]
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 the waste water treatment
biosludge from OxyChem's facility is based on the information submitted
in support of this rule, including descriptions of the wastes and
analytical data from the Ingleside, 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 OxyChem manage the waste if it is delisted?
The wastewater treatment biosludge from OxyChem will be disposed of
in a RCRA Subtitle D landfill.
E. When is the final delisting exclusion effective?
This rule is effective August 23, 2010. 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 a RCRA delisting program
in place of the Federal program; that is, to make State delisting
decisions. Therefore, this exclusion does not apply in those authorized
States unless that State makes the rule part of its authorized program.
If OxyChem transports the petitioned waste to or manages the waste in
any State with delisting authorization, OxyChem 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. Based
on the complete application, the Administrator must determine, where
he/she has a reasonable basis to believe that factors (including
additional constituents) other than those for which the waste was
listed could cause the waste to be a hazardous waste, that such factors
do not warrant retaining the waste as a hazardous waste. The generator
must also supply information to demonstrate that the waste does not
exhibit any of the characteristics defined in Sec. 261.21-Sec.
261.24.
III. EPA's Evaluation of the Waste Information and Data
A. What waste did OxyChem petition EPA to delist?
On September 20, 2007, OxyChem petitioned EPA to exclude from the
lists of hazardous wastes contained in Sec. 261.31, wastewater
treatment biosludge (K019, K020, F025, F001, F003, and F005) generated
from its facility located in Ingleside, Texas. The waste falls under
the classification of listed waste pursuant to Sec. 261.31.
B. How much waste did OxyChem propose to delist?
Specifically, in its petition, OxyChem requested that EPA grant a
standard exclusion for 7,500 cubic yards per year of biosludge
resulting from the treatment of wastewaters from the manufacturing
processes at its facility.
C. How did OxyChem sample and analyze the waste data in this petition?
To support its petition, OxyChem submitted:
Analytical results of the toxicity characteristic leaching
procedure and total constituent analysis for volatile and semi volatile
organics, pesticides, herbicides, dioxins/furans, PCBs and metals for
four wastewater treatment biosludge samples;
Analytical results from multiple pH leaching of metals;
and
Descriptions of the waste water treatment process.
IV. Public Comments Received on the Proposed Exclusion
A. Who submitted comments on the proposed rule?
The EPA received a Freedom of Information request for OxyChem's
original delisting petition and all supporting documents from Arnold &
Porter LLP. The EPA submitted OxyChem's original delisting petition and
all supporting documents, excluding all confidential material, to
Arnold & Porter LLP. No specific comments were received.
EPA discovered an error in the proposed exclusion for the total
concentration limit for 2,3,7,8-TCDD in the proposed rule. The
calculated value for the delisting limit for 2,3,7,8-TCDD should be
5.23E-04 mg/kg instead of 4.30E-05 mg/kg as was proposed. This
[[Page 51680]]
change does not materially affect the proposal.
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: August 11, 2010.
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 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 Tables 1 and 2 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Oxychem................................. Ingleside, TX.............. Wastewater Treatment Biosludge (EPA
Hazardous Waste Number K019, K020, F025,
F001, F003, and F005) generated at a
maximum rate of 7,500 cubic yards per
calendar year after August 23, 2010.
For the exclusion to be valid, OxyChem
must implement a verification testing
program that meets the following
Paragraphs:
(1)(A) Delisting Levels: All
concentrations for those constituents
must not exceed the maximum allowable
concentrations in mg/l specified in this
paragraph.
Wastewater treatment biosludge Leachable
Concentrations (mg/l): Antimony--0.111;
Acetone--533; Arsenic--0.178; Barium--
36.9; Bis(2-ethylhexyl)phthalate--6.15;
Chromium--2.32; Copper--26.5;
Ethylbenzene--11.1; Methylene Chloride--
0.0809; Naphthalene--0.0355; Nickel--
13.8; Phenanthrene--2.72; Toluene--15.5;
Trichloroethane--11900;
Trichloroethylene--0.0794; Vanadium--
1.00; Zinc--202.
(B) Total Concentration Limits in mg/Kg:
Tetrachlorodibenzo-p-dioxin (TCDD)
2,3,7,8 Equivalent--5.23 E-04
(2) Waste Holding and Handling:
[[Page 51681]]
(A) Waste classification as non-hazardous
can not begin until compliance with the
limits set in paragraph (1) for
wastewater treatment biosludge has
occurred for four consecutive weekly
sampling events.
(B) If constituent levels in any annual
sample and retest sample taken by
OxyChem exceed any of the delisting
levels set in paragraph (1) for the
wastewater treatment biosludge, OxyChem
must do the following:
(i) Notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the wastewater
treatment biosludge as hazardous waste
generated under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming final,
OxyChem must perform analytical testing
by sampling and analyzing the wastewater
treatment biosludge as follows:
(A) Initial Verification Testing:
(i) Collect four representative composite
samples of the wastewater treatment
biosludge at weekly intervals after EPA
grants the final exclusion. The first
composite sample may be taken at any
time after EPA grants the final
approval. Sampling must 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) indicates that the wastewater
treatment biosludge must continue to be
disposed as hazardous waste in
accordance with the applicable hazardous
waste requirements until such time that
four consecutive weekly samples indicate
compliance with delisting levels listed
in paragraph (1).
(iii) Within sixty (60) days after taking
its last weekly sample, OxyChem will
report its analytical test data to EPA.
If levels of constituents measured in
the samples of the wastewater treatment
biosludge do not exceed the levels set
forth in paragraph (1) of this exclusion
for four consecutive weeks, OxyChem can
manage and dispose the non-hazardous
wastewater treatment biosludge according
to all applicable solid waste
regulations.
(B) Annual Testing:
(i) If OxyChem completes the weekly
testing specified in paragraph (3) above
and no sample contains a constituent at
a level which exceeds the limits set
forth in paragraph (1), OxyChem must
begin annual testing as follows: OxyChem
must test a representative composite
sample of the wastewater treatment
biosludge for all constituents listed in
paragraph (1) at least once per calendar
year. If any measured constituent
concentration exceeds the delisting
levels set forth in paragraph (1),
OxyChem must collect an additional
representative composite sample within
10 days of being made aware of the
exceedence and test it expeditiously for
the constituent(s) which exceeded
delisting levels in the original annual
sample.
(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 OxyChem wastewater
treatment biosludge 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 delisted
waste in cubic yards disposed during the
calendar year.
(4) Changes in Operating Conditions: If
OxyChem 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.
OxyChem 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.
[[Page 51682]]
(5) Data Submittals: OxyChem must submit
the information described below. If
OxyChem 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). OxyChem
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 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.
(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 OxyChem 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 annual testing (and
retest, if applicable) of the waste does
not meet the delisting requirements in
paragraph 1, OxyChem 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 OxyChem 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 receipt 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:
OxyChem 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.
[[Page 51683]]
(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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Table 2--Waste Excluded From Specific Sources
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Facility Address Waste description
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* * * * * * *
Oxychem................................. ........................... Wastewater Treatment Biosludge (EPA
Hazardous Waste Number K019, K020, F025,
F001, F003, and F005) generated at a
maximum rate of 7,500 cubic yards per
calendar year after August 23, 2010.
Oxychem must implement the testing
program in Table 1. Wastes Excluded from
Non-Specific Sources for the petition to
be valid.
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* * * * *
[FR Doc. 2010-20848 Filed 8-20-10; 8:45 am]
BILLING CODE 6560-50-P
