Hazardous Waste Management System; Identifying and Listing Hazardous Waste Exclusion, 4823-4827 [2011-1768]
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Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Rules and Regulations
608.8.0 for address) for additional
information.
b. Pay for postage by using a permit
imprint.
c. Enter a minimum of 500 pieces of
mail for each presorted mailing or a
minimum of 200 pieces or 50 pounds of
mail for each single-piece mailing.
d. Use the Electronic Verification
System (eVS) or submit an electronic
postage statement with a computerized
manifest.
1.5 Surcharge
Unless prepared in 5-digit/scheme
containers, presorted parcels are subject
to a surcharge if any of the following
characteristics apply:
[Revise 1.5 by deleting current item a
in its entirety and redesignating current
items b and c as new items a and b, and
revise to read as follows:]
a. The parcels do not bear a GS1–128
or Intelligent Mail package barcode.
b. The parcels weigh less than 2
ounces or are irregularly shaped, such
as rolls, tubes, and triangles.
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3.0 Basic Standards for First-Class
Mail Parcels
3.1 Description of Service
[Delete the heading of current 3.1.1,
Service Objectives, in its entirety and
make the text of current 3.1.1 the new
text of 3.1.]
[Delete the current 3.1.2, Price
Options, in its entirety.]
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4.0 Price Eligibility for Presorted
First-Class Mail Parcels
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4.4 Single-Piece Price
[Revise the text of 4.4 as follows:]
Single-piece prices apply to presorted
parcels in a mixed ADC sack, with no
minimum volume requirement.
Nonpresorted parcels are also eligible
for commercial single-piece parcel
prices. See 1.3b for commercial base
eligibility and 1.4 for commercial plus
eligibility.
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2.1 Permit Imprint Postage
All presorted First-Class Mail parcels
may bear permit imprint postage under
604.5.0. Parcels entered at commercial
plus prices and all mail manifested
using the Electronic Verification System
(eVS) under 705.2.9 must be paid using
a permit imprint. A permit imprint may
be used for mailings of nonidenticalweight pieces only if authorized by
Business Mailer Support.
2.2 Affixed Postage for Presorted
First-Class Mail
[Revise the text of 2.2 as follows:]
Each presorted First-Class Mail parcel
bearing affixed postage (not allowed for
commercial plus parcels) must bear:
a. The full postage at the First-Class
Mail price for which it qualifies.
b. A precanceled stamp (see 604.3.0)
or the full postage at the lowest
applicable First-Class Mail 1-ounce
price, and full postage on pieces with
postage evidencing imprints (see
604.4.0) for additional ounce(s) and any
fees.
c. Postage in an amount not less than
the lowest applicable First-Class Mail
parcel price if authorized by Business
Mailer Support, plus full postage for
additional ounces.
2.3 Additional Postage
[Revise the text of 2.3 as follows:]
Additional postage for pieces with
insufficient postage must be paid using
an advance deposit account or a meter
stamp affixed to the postage statement.
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600 Basic Standards for All Mailing
Services
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1.1 Postage Payment Options
[Revise the text of 1.1 as follows:]
Postage for presorted First-Class Mail
parcels must be paid with affixed
postage or permit imprint as specified
below. All pieces in a mailing must be
paid with the same method unless
otherwise authorized by Business
Mailer Support (see 608.8.0 for address).
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604
Postage Payment Methods
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2.0
Stamped Stationery
Plain Stamped Envelope
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1.0 Basic Standards for Postage
Payment
14:37 Jan 26, 2011
2.0 Postage Payment for Presorted
First-Class Mail Parcels
[Revise the title and text of 2.1 as
follows:]
2.1
434 Postage Payment and
Documentation
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[Revise the title of 2.0 as follows:]
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2.1.2 Availability
[Revise 2.1.2 by deleting item b in its
entirety and incorporating item a into
the introductory text to read as follows:]
Plain stamped envelopes are
available at all Post Offices. Only sizes
63⁄4 and 10 envelopes are sold in less
than full box lots (a full box contains
500 envelopes).
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2.2
Personalized Stamped Envelopes
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2.2.6
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Optional Information
The following endorsements and
instructions printed in at least 8-point
type may be included as part of the
return address:
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[Revise item 2.2.6b as follows:]
a. Any sender instruction that
specifies a period for holding mail, not
fewer than 3 and not more than 30 days.
The instruction must appear directly
above the return address.
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011–1702 Filed 1–26–11; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R05–RCRA–2010–0843; SW–FRL–
9259–1]
Hazardous Waste Management
System; Identifying and Listing
Hazardous Waste Exclusion
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA (also, ‘‘the Agency’’
or ‘‘we’’ in this preamble) is granting a
petition submitted by Owosso Graphic
Arts Inc. (OGAI), in Owosso, Michigan
to exclude (or ‘‘delist’’) up to 244 cubic
yards of wastewater treatment sludge
per year from the list of hazardous
wastes.
The Agency has decided to grant the
petition based on an evaluation of
waste-specific information provided by
OGAI and a consideration of public
comments received. This action
conditionally excludes the petitioned
waste from the requirements of
hazardous waste regulations under the
Resource Conservation and Recovery
Act (RCRA) when disposed of in a
Subtitle D landfill permitted, licensed,
or registered by a State to manage
industrial solid waste. The rule also
imposes testing conditions for waste
generated in the future to ensure that
this waste continues to qualify for
delisting.
SUMMARY:
This final rule is effective on
January 27, 2011.
DATES:
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Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Rules and Regulations
EPA has established a
docket for this action under Docket ID
No. [EPA–R05–RCRA–2010–0843]. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Records Center, 7th floor,
U.S. EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. We recommend you telephone
Christopher Lambesis at (312) 886–3583
before visiting the Region 5 office. The
public may copy material from the
regulatory docket at 15 cents per page.
FOR FURTHER INFORMATION CONTACT:
Christopher Lambesis, Land and
Chemicals Division, (Mail Code: LR–8J),
EPA Region 5, 77 West Jackson
Boulevard, Chicago, IL 60604; telephone
number: (312) 886–3583; fax number:
(312) 692–2195; e-mail address:
lambesis.christopher@epa.gov.
SUPPLEMENTARY INFORMATION: The
information in this section is organized
as follows:
petitioner must demonstrate that the
waste does not exhibit any of the
hazardous waste characteristics (that is,
ignitability, reactivity, corrosivity, and
toxicity) and must present sufficient
information for us to decide whether
factors other than those for which the
waste was listed warrant retaining it as
a hazardous waste. See 40 CFR 260.22,
42 United States Code (U.S.C.) 6921(f)
and the background documents for a
listed waste.
A generator remains obligated under
RCRA to confirm that its waste remains
nonhazardous based on the hazardous
waste characteristics even if EPA has
‘‘delisted’’ the wastes and to ensure that
future generated wastes meet the
conditions set.
I. Background
A. What is a delisting petition?
B. What regulations allow a waste to be
delisted?
II. OGAI’s Petition
A. What waste did OGAI petition to delist?
B. What information was submitted in
support of this petition?
III. EPA’s Evaluation and Public Comments
A. What decision is EPA finalizing and
why?
B. Public Comments Received and EPA’s
Response
IV. Final Rule
A. What are the terms of this exclusion?
B. When is the delisting effective?
C. How does this action affect the States?
V. Statutory and Executive Order Reviews
A. What waste did OGAI petition EPA
to delist?
ADDRESSES:
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I. Background
A. What is a delisting petition?
A delisting petition is a request from
a generator to exclude waste from the
list of hazardous wastes under RCRA
regulations. In a delisting petition, the
petitioner must show that waste
generated at a particular facility does
not meet any of the criteria for which
EPA listed the waste as set forth in 40
CFR 261.11 and the background
document for the waste. In addition, a
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B. What regulations allow a waste to be
delisted?
Under 40 CFR 260.20, 260.22, and 42
U.S.C. 6921(f), facilities may petition
the EPA to remove their wastes from
hazardous waste control by excluding
them from the lists of hazardous wastes
contained in 40 CFR 261.31 and 261.32.
Specifically, 40 CFR 260.20 allows any
person to petition the Administrator to
modify or revoke any provision of parts
260 through 266, 268, and 273 of 40
CFR. 40 CFR 260.22 provides a
generator the opportunity to petition the
Administrator to exclude a waste from
the lists of hazardous wastes on a
‘‘generator specific’’ basis.
II. OGAI’s Petition
In May 2005, OGAI petitioned EPA to
exclude an annual volume of 244 cubic
yards of F006 wastewater treatment
sludges generated at its facility located
in Owosso, Michigan from the list of
hazardous wastes contained in 40 CFR
261.31. OGAI generates this wastewater
treatment sludge from spent solutions
that were used for chemical etching of
magnesium plates and claims that it
does not meet the criteria for which
F006 was listed (i.e., cadmium,
hexavalent chromium, nickel and
complexed cyanide) and that there are
no other factors which would cause the
waste to be hazardous.
B. What information was submitted in
support of this petition?
OGAI submitted detailed descriptions
of the process generating the waste
including Material Safety Data Sheets
(MSDSs) and other information
regarding the makeup of materials
contributing to the sludge. OGAI also
asserted that its waste does not meet the
criteria for which F006 waste was listed
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and there are no other factors that might
cause the waste to be hazardous.
To support its assertion that the waste
is not hazardous, OGAI collected
numerous samples of the waste for
analysis. Sample collection and
chemical analysis were conducted in
accordance with a pre-approved
sampling plan. The data was validated
and any deviations from the sampling
plan were reviewed and documented.
The data was assessed for its intended
use and, in some instances, additional
samples were collected or analysis
performed to confirm the data were of
sufficient quality.
III. EPA’s Evaluation and Public
Comments
A. What decision is EPA finalizing and
why?
Today the EPA is finalizing an
exclusion for up to 244 cubic yards of
wastewater treatment sludge generated
annually at the OGAI facility in Owosso,
Michigan. OGAI petitioned EPA to
exclude, or delist, the wastewater
treatment sludge because OGAI believed
that the petitioned waste does not meet
the criteria for which it was listed and
that there are no additional constituents
or factors which could cause the waste
to be hazardous. Review of this petition
included consideration of the original
listing criteria, as well as the additional
factors required by the Hazardous and
Solid Waste Amendments of 1984
(HSWA). See § 222 of HSWA, 42 U.S.C.
6921(f), and 40 CFR 260.22(d)(2)–(4).
On November 4, 2010, EPA proposed
to exclude or delist the wastewater
treatment sludge generated at OGAI’s
facility from the list of hazardous wastes
in 40 CFR 261.31 and accepted public
comment on the proposed rule (75 FR
67919). EPA considered all comments
received, and for reasons stated in both
the proposal and this document, we
believe that the wastewater treatment
sludge from OGAI’s facility should be
excluded from hazardous waste control.
B. Public Comments Received and
EPA’s Response
EPA received one public comment
expressing concern over temporal
variability of the waste and the potential
for data manipulation. In response, we
believe OGAI and EPA adequately
addressed these concerns in the
preparation of the petition. OGAI
sampled the waste 15 different times
over a span of almost six years. All
samples were collected in accordance
with an EPA-approved sampling plan or
under specific approval of Agency
scientists. EPA and OGAI responded to
two changes in process chemicals with
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additional rounds of sampling and all
data were scrutinized for adequacy by
independent validation. Several issues
with quality assurance were
documented and corrective measures
implemented.
Conservative assumptions were
applied to the data before use to ensure
the safety of the waste such as:
assuming that all chromium present was
comprised of hexavalent chromium (the
most toxic form); assuming 100% of a
hazardous constituent present in the
waste leached into the hypothetical
landfill; and including conservative
quantitation of tentatively identified
compounds in analysis by mass
spectoscopy. EPA representatives also
visited the facility to review the waste
generating process. Furthermore, OGAI
remains obligated to periodically
sample the waste and report changes to
the process (see below).
IV. Final Rule
A. What are the terms of this exclusion?
OGAI must dispose of this waste in a
Subtitle D landfill permitted or licensed
by a state, and will remain obligated to
verify that the waste meets the
allowable concentrations set forth here.
OGAI must also continue to determine
whether the waste is identified in
subpart C of 40 CFR pursuant to
§ 261.11(c). This exclusion applies only
to a maximum annual volume of 244
cubic yards and is effective only if all
conditions contained in this rule are
satisfied.
B. When is the delisting effective?
This rule is effective January 27, 2011.
The Hazardous and Solid Waste
Amendments of 1984 amended section
3010 of RCRA to allow rules to become
effective in less than six months when
the regulated community does not need
the six-month period to come into
compliance. This rule reduces rather
than increases the existing requirements
and, therefore, is effective immediately
upon publication under the
Administrative Procedure Act, pursuant
to 5 U.S.C. 553(d).
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C. How does this action affect the
States?
Today’s exclusion is being issued
under the federal RCRA delisting
program. Therefore, only states subject
to federal RCRA delisting provisions
would be affected. This exclusion is not
effective in states that have received
authorization to make their own
delisting decisions. Also, the exclusion
may not be effective in states having a
dual system that includes federal RCRA
requirements and their own
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requirements. EPA allows states to
impose their own regulatory
requirements that are more stringent
than EPA’s, under section 3009 of
RCRA. 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, we urge petitioners to contact the
state regulatory authority to establish
the status of their wastes under the state
law. If a participating facility transports
the petitioned waste to or manages the
waste in any state with delisting
authorization, it must obtain a delisting
from that state before it can manage the
waste as nonhazardous in the state.
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
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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 DRAS, which considers health and
safety risks to children, to calculate the
maximum allowable concentrations for
this rule. This rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866. This rule does not involve
technical standards; thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996), in issuing this rule,
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report which includes a
copy of the rule to each House of the
Congress and to the Comptroller General
of the United States. Section 804
exempts from section 801 the following
types of rules: (1) Rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
of agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report
regarding today’s action under section
801 because this is a rule of particular
applicability.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, and Reporting and
recordkeeping requirements.
Authority: Sec. 3001(f) RCRA, 42 U.S.C.
6921(f).
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Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Rules and Regulations
Dated: January 19, 2011.
Bruce F. Sypniewski,
Acting Director, Land and Chemicals
Division.
■
For the reasons set out in the
preamble, 40 CFR part 261 is amended
as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
2. In Table 1 of Appendix IX of part
261 the following waste stream is added
in alphabetical order by facility to read
as follows:
■
Appendix IX to Part 261—Wastes
Excluded Under §§ 260.20 and 260.22
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Facility
Address
Waste description
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Owosso Graphic Arts Inc. .... Owosso, Michigan ...............
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Wastewater treatment sludges, F006, generated at Owosso Graphic Arts, Inc.
(OGAI) facility in Owosso, Michigan, at a maximum annual rate of 244 cubic
yards per year. The sludge must be disposed of in a Subtitle D landfill licensed,
permitted, or otherwise authorized by a state to accept the delisted wastewater
treatment sludge. The exclusion becomes effective as of January 27, 2011.
1. Delisting Levels: (A) The constituent concentrations measured in a leachate extract may not exceed the following concentrations (mg/L): antimony—3.15; arsenic—0.25; cadmium—1; chromium—5; lead—5; and zinc—6,000. (B) Maximum allowable groundwater concentrations (mg/L) are as follows: antimony—
0.006; arsenic—0.0005; cadmium—0.005; chromium—0.1; lead—0.015; and
zinc—11.3.
2. Annual Verification Testing: To verify that the waste does not exceed the specified delisting concentrations, OGAI must collect and analyze one waste sample
on an annual basis using methods with appropriate detection concentrations
and elements of quality control. SW–846 Method 1311 must be used for generation of the leachate extract used in the testing of the delisting levels if oil and
grease comprise less than 1 percent of the waste. SW–846 Method 1330A
must be used for generation of the leaching extract if oil and grease comprise 1
percent or more of the waste. SW–846 Method 9071B must be used for determination of oil and grease. SW–846 Methods 1311, 1330A, and 9071B are incorporated by reference in 40 CFR 260.11. A total analysis of the waste (accounting for any filterable liquids and the dilution factor inherent in the TCLP
method) may be used to estimate the TCLP concentration as provided for in
section 1.2 of Method 1311.
3. Changes in Operating Conditions: OGAI must notify the EPA in writing if the
manufacturing process, the chemicals used in the manufacturing process, the
treatment process, or the chemicals used in the treatment process significantly
change. OGAI must handle wastes generated after the process change as hazardous until it has: demonstrated that the wastes continue to meet the delisting
concentrations in section 1; demonstrated that no new hazardous constituents
listed in appendix VIII of part 261 have been introduced; and it has received
written approval from EPA.
4. Data Submittals: OGAI must submit the data obtained through verification testing or as required by other conditions of this rule to U.S. EPA Region 5, RCRA
Delisting Program (LR–8J), 77 West Jackson Boulevard, Chicago, IL 60604.
The annual verification data and certification of proper disposal must be submitted upon the anniversary of the effective date of this exclusion. OGAI must
compile, summarize, and maintain on site for a minimum of five years records
of operating conditions and analytical data. OGAI must make these records
available for inspection. All data must be accompanied by a signed copy of the
certification statement in 40 CFR 260.22(i)(12).
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Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Rules and Regulations
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
5. Reopener Language—(A) If, anytime after disposal of the delisted waste, OGAI
possesses or is otherwise made aware of any data (including but not limited to
leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent is at a concentration in the leachate higher than
the specified delisting concentration, or is in the groundwater at a concentration
higher than the maximum allowable groundwater concentration in paragraph (1),
then OGAI must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (B) Based on
the information described in paragraph (A) and any other information received
from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect
human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human
health and the environment. (C) If the Regional Administrator determines that
the reported information does require Agency action, the Regional Administrator
will notify OGAI in writing of the actions the Regional Administrator believes are
necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing OGAI with
an opportunity to present information as to why the proposed Agency action is
not necessary or to suggest an alternative action. OGAI shall have 30 days
from the date of the Regional Administrator’s notice to present the information.
(D) If after 30 days OGAI presents no further information or after a review of
any submitted information, the Regional Administrator will issue a final written
determination describing the Agency actions that are necessary to protect
human health or the environment. Any required action described in the Regional
Administrator’s determination shall become effective immediately, unless the
Regional Administrator provides otherwise.
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[FR Doc. 2011–1768 Filed 1–26–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 05–337, CC Docket No. 96–
45; FCC 10–205]
High-Cost Universal Service Support
and Federal-State Joint Board on
Universal Service
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission takes
action to reclaim high-cost universal
service support surrendered by a
competitive eligible
telecommunications carrier (ETC) when
it relinquishes ETC status in a particular
state. This change would reduce the
overall cap on competitive ETC support
in a state when a competitive ETC
relinquishes its designation in the state,
rather than redistributing the excess
funding to other competitive ETCs in
the state.
DATES: Effective January 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Kenneth Burnley, Wireline Competition
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SUMMARY:
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Bureau, Telecommunications Access
Policy Division, (202) 418–7400 or TTY:
(202) 418–0484.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Order in
WC Docket No. 05–337, CC Docket No.
96–45, FCC 10–205, adopted December
30, 2010, and released December 30,
2010. The complete text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The document may also be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160 or (202) 863–2893, facsimile
(202) 863–2898, or via the Internet at
https://www.bcpiweb.com. It is also
available on the Commission’s Web site
at https://www.fcc.gov.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
I. Introduction
1. In this Order, we take action to
reclaim high-cost universal service
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
*
*
support surrendered by a competitive
eligible telecommunications carrier
(ETC) when it relinquishes ETC status
in a particular state.
II. Discussion
2. We adopt the proposal to amend
the interim cap rule (WC Docket No. 05–
337, CC Docket No. 96–45, 23 FCC Rcd
8834 (2008)) so that a state’s interim cap
amount will be adjusted if a competitive
ETC serving the state relinquishes its
ETC status. As discussed in the
September 2010 NPRM, 75 FR 56494,
September 16, 2010, the goal of the
Interim Cap Order, 73 FR 37882, July 2,
2008, is to rein in high-cost universal
service disbursements for potentially
duplicative voice services. We find that
the proposal is consistent with that goal.
It would reduce the overall cap on
competitive ETC support in a state
when a competitive ETC relinquishes its
designation in the state, rather than
redistributing the excess funding to
other competitive ETCs in the state.
Providing the excess support to other
competitive ETCs in a state would not
necessarily result in future deployment
of expanded voice service, much less
broadband service. It could simply
subsidize duplicative voice service. On
the other hand, reducing the pool of
support in a state could enable excess
funds from the legacy high-cost program
to be used more effectively to advance
E:\FR\FM\27JAR1.SGM
27JAR1
]]>Agencies
[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Rules and Regulations]
[Pages 4823-4827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1768]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R05-RCRA-2010-0843; SW-FRL-9259-1]
Hazardous Waste Management System; Identifying and Listing
Hazardous Waste Exclusion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is
granting a petition submitted by Owosso Graphic Arts Inc. (OGAI), in
Owosso, Michigan to exclude (or ``delist'') up to 244 cubic yards of
wastewater treatment sludge per year from the list of hazardous wastes.
The Agency has decided to grant the petition based on an evaluation
of waste-specific information provided by OGAI and a consideration of
public comments received. This action conditionally excludes the
petitioned waste from the requirements of hazardous waste regulations
under the Resource Conservation and Recovery Act (RCRA) when disposed
of in a Subtitle D landfill permitted, licensed, or registered by a
State to manage industrial solid waste. The rule also imposes testing
conditions for waste generated in the future to ensure that this waste
continues to qualify for delisting.
DATES: This final rule is effective on January 27, 2011.
[[Page 4824]]
ADDRESSES: EPA has established a docket for this action under Docket ID
No. [EPA-R05-RCRA-2010-0843]. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the Records Center, 7th floor, U.S. EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. We
recommend you telephone Christopher Lambesis at (312) 886-3583 before
visiting the Region 5 office. The public may copy material from the
regulatory docket at 15 cents per page.
FOR FURTHER INFORMATION CONTACT: Christopher Lambesis, Land and
Chemicals Division, (Mail Code: LR-8J), EPA Region 5, 77 West Jackson
Boulevard, Chicago, IL 60604; telephone number: (312) 886-3583; fax
number: (312) 692-2195; e-mail address: lambesis.christopher@epa.gov.
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:
I. Background
A. What is a delisting petition?
B. What regulations allow a waste to be delisted?
II. OGAI's Petition
A. What waste did OGAI petition to delist?
B. What information was submitted in support of this petition?
III. EPA's Evaluation and Public Comments
A. What decision is EPA finalizing and why?
B. Public Comments Received and EPA's Response
IV. Final Rule
A. What are the terms of this exclusion?
B. When is the delisting effective?
C. How does this action affect the States?
V. Statutory and Executive Order Reviews
I. Background
A. What is a delisting petition?
A delisting petition is a request from a generator to exclude waste
from the list of hazardous wastes under RCRA regulations. In a
delisting petition, the petitioner must show that waste generated at a
particular facility does not meet any of the criteria for which EPA
listed the waste as set forth in 40 CFR 261.11 and the background
document for the waste. In addition, a petitioner must demonstrate that
the waste does not exhibit any of the hazardous waste characteristics
(that is, ignitability, reactivity, corrosivity, and toxicity) and must
present sufficient information for us to decide whether factors other
than those for which the waste was listed warrant retaining it as a
hazardous waste. See 40 CFR 260.22, 42 United States Code (U.S.C.)
6921(f) and the background documents for a listed waste.
A generator remains obligated under RCRA to confirm that its waste
remains nonhazardous based on the hazardous waste characteristics even
if EPA has ``delisted'' the wastes and to ensure that future generated
wastes meet the conditions set.
B. What regulations allow a waste to be delisted?
Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), facilities may
petition the EPA to remove their wastes from hazardous waste control by
excluding them from the lists of hazardous wastes contained in 40 CFR
261.31 and 261.32. Specifically, 40 CFR 260.20 allows any person to
petition the Administrator to modify or revoke any provision of parts
260 through 266, 268, and 273 of 40 CFR. 40 CFR 260.22 provides a
generator the opportunity to petition the Administrator to exclude a
waste from the lists of hazardous wastes on a ``generator specific''
basis.
II. OGAI's Petition
A. What waste did OGAI petition EPA to delist?
In May 2005, OGAI petitioned EPA to exclude an annual volume of 244
cubic yards of F006 wastewater treatment sludges generated at its
facility located in Owosso, Michigan from the list of hazardous wastes
contained in 40 CFR 261.31. OGAI generates this wastewater treatment
sludge from spent solutions that were used for chemical etching of
magnesium plates and claims that it does not meet the criteria for
which F006 was listed (i.e., cadmium, hexavalent chromium, nickel and
complexed cyanide) and that there are no other factors which would
cause the waste to be hazardous.
B. What information was submitted in support of this petition?
OGAI submitted detailed descriptions of the process generating the
waste including Material Safety Data Sheets (MSDSs) and other
information regarding the makeup of materials contributing to the
sludge. OGAI also asserted that its waste does not meet the criteria
for which F006 waste was listed and there are no other factors that
might cause the waste to be hazardous.
To support its assertion that the waste is not hazardous, OGAI
collected numerous samples of the waste for analysis. Sample collection
and chemical analysis were conducted in accordance with a pre-approved
sampling plan. The data was validated and any deviations from the
sampling plan were reviewed and documented. The data was assessed for
its intended use and, in some instances, additional samples were
collected or analysis performed to confirm the data were of sufficient
quality.
III. EPA's Evaluation and Public Comments
A. What decision is EPA finalizing and why?
Today the EPA is finalizing an exclusion for up to 244 cubic yards
of wastewater treatment sludge generated annually at the OGAI facility
in Owosso, Michigan. OGAI petitioned EPA to exclude, or delist, the
wastewater treatment sludge because OGAI believed that the petitioned
waste does not meet the criteria for which it was listed and that there
are no additional constituents or factors which could cause the waste
to be hazardous. Review of this petition included consideration of the
original listing criteria, as well as the additional factors required
by the Hazardous and Solid Waste Amendments of 1984 (HSWA). See Sec.
222 of HSWA, 42 U.S.C. 6921(f), and 40 CFR 260.22(d)(2)-(4).
On November 4, 2010, EPA proposed to exclude or delist the
wastewater treatment sludge generated at OGAI's facility from the list
of hazardous wastes in 40 CFR 261.31 and accepted public comment on the
proposed rule (75 FR 67919). EPA considered all comments received, and
for reasons stated in both the proposal and this document, we believe
that the wastewater treatment sludge from OGAI's facility should be
excluded from hazardous waste control.
B. Public Comments Received and EPA's Response
EPA received one public comment expressing concern over temporal
variability of the waste and the potential for data manipulation. In
response, we believe OGAI and EPA adequately addressed these concerns
in the preparation of the petition. OGAI sampled the waste 15 different
times over a span of almost six years. All samples were collected in
accordance with an EPA-approved sampling plan or under specific
approval of Agency scientists. EPA and OGAI responded to two changes in
process chemicals with
[[Page 4825]]
additional rounds of sampling and all data were scrutinized for
adequacy by independent validation. Several issues with quality
assurance were documented and corrective measures implemented.
Conservative assumptions were applied to the data before use to
ensure the safety of the waste such as: assuming that all chromium
present was comprised of hexavalent chromium (the most toxic form);
assuming 100% of a hazardous constituent present in the waste leached
into the hypothetical landfill; and including conservative quantitation
of tentatively identified compounds in analysis by mass spectoscopy.
EPA representatives also visited the facility to review the waste
generating process. Furthermore, OGAI remains obligated to periodically
sample the waste and report changes to the process (see below).
IV. Final Rule
A. What are the terms of this exclusion?
OGAI must dispose of this waste in a Subtitle D landfill permitted
or licensed by a state, and will remain obligated to verify that the
waste meets the allowable concentrations set forth here. OGAI must also
continue to determine whether the waste is identified in subpart C of
40 CFR pursuant to Sec. 261.11(c). This exclusion applies only to a
maximum annual volume of 244 cubic yards and is effective only if all
conditions contained in this rule are satisfied.
B. When is the delisting effective?
This rule is effective January 27, 2011. The Hazardous and Solid
Waste Amendments of 1984 amended section 3010 of RCRA to allow rules to
become effective in less than six months when the regulated community
does not need the six-month period to come into compliance. This rule
reduces rather than increases the existing requirements and, therefore,
is effective immediately upon publication under the Administrative
Procedure Act, pursuant to 5 U.S.C. 553(d).
C. How does this action affect the States?
Today's exclusion is being issued under the federal RCRA delisting
program. Therefore, only states subject to federal RCRA delisting
provisions would be affected. This exclusion is not effective in states
that have received authorization to make their own delisting decisions.
Also, the exclusion may not be effective in states having a dual system
that includes federal RCRA requirements and their own requirements. EPA
allows states to impose their own regulatory requirements that are more
stringent than EPA's, under section 3009 of RCRA. 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, we urge petitioners to contact the state regulatory
authority to establish the status of their wastes under the state law.
If a participating facility transports the petitioned waste to or
manages the waste in any state with delisting authorization, it must
obtain a delisting from that state before it can manage the waste as
nonhazardous in the state.
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 DRAS, which considers health and safety
risks to children, to calculate the maximum allowable concentrations
for this rule. This rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it
is not a significant regulatory action under Executive Order 12866.
This rule does not involve technical standards; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988, ``Civil Justice Reform'' (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report which includes a copy of the rule to
each House of the Congress and to the Comptroller General of the United
States. Section 804 exempts from section 801 the following types of
rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report regarding today's action under section
801 because this is a rule of particular applicability.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, and Reporting
and recordkeeping requirements.
Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).
[[Page 4826]]
Dated: January 19, 2011.
Bruce F. Sypniewski,
Acting Director, Land and Chemicals Division.
For the reasons set out in the preamble, 40 CFR part 261 is amended
as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
0
2. In Table 1 of Appendix IX of part 261 the following waste stream is
added in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
* * * * * * *
Owosso Graphic Arts Inc....... Owosso, Michigan. Wastewater treatment
sludges, F006,
generated at Owosso
Graphic Arts, Inc.
(OGAI) facility in
Owosso, Michigan, at
a maximum annual
rate of 244 cubic
yards per year. The
sludge must be
disposed of in a
Subtitle D landfill
licensed, permitted,
or otherwise
authorized by a
state to accept the
delisted wastewater
treatment sludge.
The exclusion
becomes effective as
of January 27, 2011.
1. Delisting Levels:
(A) The constituent
concentrations
measured in a
leachate extract may
not exceed the
following
concentrations (mg/
L): antimony--3.15;
arsenic--0.25;
cadmium--1;
chromium--5; lead--
5; and zinc--6,000.
(B) Maximum
allowable
groundwater
concentrations (mg/
L) are as follows:
antimony--0.006;
arsenic--0.0005;
cadmium--0.005;
chromium--0.1; lead--
0.015; and zinc--
11.3.
2. Annual
Verification
Testing: To verify
that the waste does
not exceed the
specified delisting
concentrations, OGAI
must collect and
analyze one waste
sample on an annual
basis using methods
with appropriate
detection
concentrations and
elements of quality
control. SW-846
Method 1311 must be
used for generation
of the leachate
extract used in the
testing of the
delisting levels if
oil and grease
comprise less than 1
percent of the
waste. SW-846 Method
1330A must be used
for generation of
the leaching extract
if oil and grease
comprise 1 percent
or more of the
waste. SW-846 Method
9071B must be used
for determination of
oil and grease. SW-
846 Methods 1311,
1330A, and 9071B are
incorporated by
reference in 40 CFR
260.11. A total
analysis of the
waste (accounting
for any filterable
liquids and the
dilution factor
inherent in the TCLP
method) may be used
to estimate the TCLP
concentration as
provided for in
section 1.2 of
Method 1311.
3. Changes in
Operating
Conditions: OGAI
must notify the EPA
in writing if the
manufacturing
process, the
chemicals used in
the manufacturing
process, the
treatment process,
or the chemicals
used in the
treatment process
significantly
change. OGAI must
handle wastes
generated after the
process change as
hazardous until it
has: demonstrated
that the wastes
continue to meet the
delisting
concentrations in
section 1;
demonstrated that no
new hazardous
constituents listed
in appendix VIII of
part 261 have been
introduced; and it
has received written
approval from EPA.
4. Data Submittals:
OGAI must submit the
data obtained
through verification
testing or as
required by other
conditions of this
rule to U.S. EPA
Region 5, RCRA
Delisting Program
(LR-8J), 77 West
Jackson Boulevard,
Chicago, IL 60604.
The annual
verification data
and certification of
proper disposal must
be submitted upon
the anniversary of
the effective date
of this exclusion.
OGAI must compile,
summarize, and
maintain on site for
a minimum of five
years records of
operating conditions
and analytical data.
OGAI must make these
records available
for inspection. All
data must be
accompanied by a
signed copy of the
certification
statement in 40 CFR
260.22(i)(12).
[[Page 4827]]
5. Reopener Language--
(A) If, anytime
after disposal of
the delisted waste,
OGAI possesses or is
otherwise made aware
of any data
(including but not
limited to leachate
data or groundwater
monitoring data)
relevant to the
delisted waste
indicating that any
constituent is at a
concentration in the
leachate higher than
the specified
delisting
concentration, or is
in the groundwater
at a concentration
higher than the
maximum allowable
groundwater
concentration in
paragraph (1), then
OGAI must report
such data, in
writing, to the
Regional
Administrator within
10 days of first
possessing or being
made aware of that
data. (B) Based on
the information
described in
paragraph (A) and
any other
information received
from any source, the
Regional
Administrator will
make a preliminary
determination as to
whether the reported
information requires
Agency action to
protect human health
or the environment.
Further action may
include suspending,
or revoking the
exclusion, or other
appropriate response
necessary to protect
human health and the
environment. (C) If
the Regional
Administrator
determines that the
reported information
does require Agency
action, the Regional
Administrator will
notify OGAI in
writing of the
actions the Regional
Administrator
believes are
necessary to protect
human health and the
environment. The
notice shall include
a statement of the
proposed action and
a statement
providing OGAI with
an opportunity to
present information
as to why the
proposed Agency
action is not
necessary or to
suggest an
alternative action.
OGAI shall have 30
days from the date
of the Regional
Administrator's
notice to present
the information. (D)
If after 30 days
OGAI presents no
further information
or after a review of
any submitted
information, the
Regional
Administrator will
issue a final
written
determination
describing the
Agency actions that
are necessary to
protect human health
or the environment.
Any required action
described in the
Regional
Administrator's
determination shall
become effective
immediately, unless
the Regional
Administrator
provides otherwise.
* * * * * * *
------------------------------------------------------------------------
[FR Doc. 2011-1768 Filed 1-26-11; 8:45 am]
BILLING CODE 6560-50-P
