Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion, 70108-70113 [2014-27780]

Download as PDF 70108 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF TEXAS 1—Continued Subpart Source category TCEQ 2 CCCCCC .................................................. DDDDDD .................................................. EEEEEE .................................................... FFFFFF ..................................................... GGGGGG ................................................. HHHHHH .................................................. IIIIII ............................................................ JJJJJJ ....................................................... KKKKKK .................................................... LLLLLL ...................................................... MMMMMM ................................................ NNNNNN .................................................. OOOOOO ................................................. PPPPPP .................................................... QQQQQQ ................................................. RRRRRR .................................................. SSSSSS .................................................... TTTTTT ..................................................... UUUUUU .................................................. VVVVVV .................................................... WWWWWW .............................................. XXXXXX .................................................... YYYYYY .................................................... ZZZZZZ ..................................................... AAAAAAA ................................................. BBBBBBB ................................................. CCCCCCC ................................................ DDDDDDD ................................................ EEEEEEE ................................................. FFFFFFF–GGGGGGG ............................. HHHHHHH ................................................ Gasoline Dispensing Facilities Area Sources .............................................................. Polyvinyl Chloride and Copolymers Production Area Sources ................................... Primary Copper Smelting Area Sources ...................................................................... Secondary Copper Smelting Area Sources ................................................................. Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium ................ Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources ..... (Reserved) .................................................................................................................... Industrial, Commercial, and Institutional Boilers Area Sources .................................. (Reserved) .................................................................................................................... Acrylic and Modacrylic Fibers Production Area Sources ............................................ Carbon Black Production Area Sources ...................................................................... Chemical Manufacturing Area Sources: Chromium Compounds ................................ Flexible Polyurethane Foam Production and Fabrication Area Sources .................... Lead Acid Battery Manufacturing Area Sources ......................................................... Wood Preserving Area Sources .................................................................................. Clay Ceramics Manufacturing Area Sources ............................................................... Glass Manufacturing Area Sources ............................................................................. Secondary Nonferrous Metals Processing Area Sources ........................................... (Reserved) .................................................................................................................... Chemical Manufacturing Area Sources ....................................................................... Plating and Polishing Operations Area Sources ......................................................... Metal Fabrication and Finishing Area Sources ............................................................ Ferroalloys Production Facilities Area Sources ........................................................... Aluminum, Copper, and Other Nonferrous Foundries Area Sources .......................... Asphalt Processing and Asphalt Roofing Manufacturing Area Sources ..................... Chemical Preparations Industry Area Sources ............................................................ Paints and Allied Products Manufacturing Area Sources ............................................ Prepared Feeds Manufacturing Area Sources ............................................................ Gold Mine Ore Processing and Production Area Sources .......................................... (Reserved) .................................................................................................................... Polyvinyl Chloride and Copolymers Production Major Sources .................................. X X X X X X ........................ X ........................ X X X X X X X X X ........................ X X X X X X X X X ........................ ........................ X 1 Program delegated to Texas Commission on Environmental Quality (TCEQ). which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under ‘‘Delegation of Authority’’) that cannot be delegated. 3 The TCEQ was previously delegated this subpart on May 17, 2005 (70 FR 13018). The subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court’s holding, this subpart is not delegated to TCEQ at this time. 4 This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of Appeals for the District of Columbia Circuit. 5 Final rule. See 78 FR 7138 (January 31, 2013). 6 TCEQ was previously delegated this subpart on May 2, 2006 (71 FR 25753). This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the D.C. Court’s holding, this subpart is not delegated to TCEQ at this time. 7 Initial Final Rule. See 77 FR 9304 (February 16, 2012). Final on reconsideration of certain new source issues. See 78 FR 24073 (April 24, 2013). Portions of this subpart are in proposed reconsideration pending final action. See 78 FR 38001 (June 25, 2013). 2 Authorities * * * * * [FR Doc. 2014–27909 Filed 11–24–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 wreier-aviles on DSK4TPTVN1PROD with RULES [EPA–R07–RCRA–2014–0452; FRL–9919– 72–Region–7] Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is granting the petition SUMMARY: VerDate Sep<11>2014 14:24 Nov 24, 2014 Jkt 235001 submitted by John Deere Des Moines Works (John Deere) of Deere & Company, in Ankeny, Iowa to exclude or ‘‘delist’’ up to 600 tons per calendar year of F006/F019 wastewater treatment sludge filter cake generated by John Deere’s wastewater treatment system from the list of hazardous wastes. This final rule responds to a petition submitted by John Deere to delist up to 600 tons per calendar year of F006/F019 wastewater treatment sludge filter cake generated by John Deere’s wastewater treatment system from the list of hazardous wastes. After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the petitioned waste is not hazardous waste. The F006/F019 exclusion is a conditional exclusion for 600 cubic PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 yards per year of the F006/F019 wastewater treatment sludge. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). DATES: This final rule is effective on November 25, 2014. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R07–RCRA–2014–0452. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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 E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy by contacting the further information contact below. 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: Kenneth Herstowski, Waste Remediation and Permits Branch, Air and Waste Management Division, EPA Region 7, 11201 Renner Blvd., Lenexa, KS 66219; telephone number (913) 551– 7631; email address: herstowski.ken@ 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 John Deere manage the waste, when 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 John Deere petition EPA to delist? B. How much waste did John Deere propose to delist? C. How did John Deere sample and analyze the waste data in this petition? IV. Public Comments Received on the Proposed Exclusions V. Statutory and Executive Order Reviews I. Overview Information wreier-aviles on DSK4TPTVN1PROD with RULES A. What action is EPA finalizing? After evaluating the petition for John Deere, EPA proposed, on August 20, 2014 (79 FR 49252), to exclude the waste from the lists of hazardous waste under section 261.31. EPA is finalizing the decision to grant John Deere’s delisting petition to have its F006/F019 wastewater treatment sludge excluded, or delisted, from the definition of a hazardous waste, once it is disposed in a Subtitle D landfill. B. Why is EPA approving this action? John Deere’s petition requests a delisting from the F006/F019 waste listing under 40 CFR 260.20 and 260.22. John Deere does not believe that the petitioned waste meets the criteria for which EPA listed it. John Deere also believes no additional constituents or VerDate Sep<11>2014 14:24 Nov 24, 2014 Jkt 235001 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 (HSWA). 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 nonhazardous with respect to the original listing criteria. (If EPA had found, based on this review, that the waste remained hazardous based on the factors for which the waste was originally listed, EPA would have proposed to deny the petition.) EPA evaluated the waste with respect to other factors or criteria to assess whether there is a reasonable basis to believe that such additional factors could cause the wastes to be hazardous. EPA considered whether the waste is acutely toxic, the concentrations 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 from John Deere’s facility is based on the information submitted in support of this rule, including a description of the waste and analytical data from the John Deere Des Moines, Ankeny, Iowa, facility. C. What are the limits of this exclusion? This exclusion applies to the waste described in John Deere’s 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 John Deere manage the waste, when delisted? The delisted F006/F019 wastewater treatment sludge will be disposed of in a Subtitle D landfill which is permitted, licensed or otherwise authorized by a state to manage industrial waste. E. When is the final delisting exclusion effective? This rule is effective November 25, 2014. The Hazardous and Solid Waste PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 70109 Amendments of 1984 amended Section 3010 of RCRA, 42 U.S.C. 6930(b)(1), allows rules to become effective in 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? EPA is issuing this exclusion under the Federal RCRA delisting program. Thus, upon the exclusion being finalized, the wastes covered will be removed from Subtitle C control under the Federal RCRA program. This will mean, first, that the wastes will be delisted in any State or territory where the EPA is directly administering the RCRA program (e.g., Iowa, Indian Country). However, whether the wastes will be delisted in states which have been authorized to administer the RCRA program will vary depending upon the authorization status of the States and the particular requirements regarding delisted wastes in the various states. Some other generally authorized states have not received authorization for delisting. Thus, the EPA makes delisting determinations for such states. However, RCRA 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, or that requires a state concurrence before the Federal exclusion takes effect, or that allows the state to add conditions to any Federal exclusion. We urge the petitioner to contact the state regulatory authority in each state to or through which it may wish to ship its wastes to establish the status of its wastes under the state’s laws. EPA has also authorized some states to administer a delisting program in place of the Federal program, that is, to make state delisting decisions. In such states, the state delisting requirements operate in lieu of the Federal delisting requirements. Therefore, this exclusion does not apply in those authorized states unless the state makes the rule part of its authorized program. If John Deere transports the federally excluded waste to or manages the waste in any state with delisting authorization, John E:\FR\FM\25NOR1.SGM 25NOR1 70110 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations Deere must obtain a delisting authorization from that state before it can manage the waste as non-hazardous in that state. C. How did John Deere sample and analyze the waste data in this petition? Under 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. 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. To support its petition, John Deere submitted: (1) Facility information on production processes and waste generation processes; (2) initial Filter Cake composite sample analytical results to determine constituents of concern (COC); and (3) Analytical results from six composite samples of Filter Cake for the COC. The initial sample was analyzed for EPA’s list of hazardous constituents in 40 CFR part 261, Appendix VIII, pesticides, PCBs. The COC selected from the initial composite sample results are barium, chromium, hexavalent chromium, copper, lead, mercury, nickel, vanadium, zinc, cyanide, acetone and methyl ethyl ketone. Both total and leachable concentrations of the COC in the Filter Cake were determined. John Deere generated the sampling data used in the Delisting Risk Assessment Software (DRAS) under a Sampling Plan and Quality Assurance Project Plan (June 2012 Revision). EPA believes that the sampling procedures used by John Deere satisfy EPA’s criteria for collecting representative samples of the F006/F019 waste. C. What information must the generator supply? IV. Public Comments Received on the Proposed Exclusions Petitioners must provide sufficient information to EPA to allow EPA to determine that the waste to be excluded does not meet any of the criteria under which the waste was listed as a hazardous waste. In addition, the Administrator must determine, where he/she has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste and that such factors do not warrant retaining the waste as a hazardous waste. No comments were received during the comment period. II. Background A. What is a delisting petition? A delisting petition is a request from a generator to EPA or to an authorized state to exclude or delist, from the RCRA list of hazardous wastes, waste the generator believes should not be considered hazardous under RCRA. B. What regulations allow facilities to delist a waste? III. EPA’s Evaluation of the Waste Information and Data wreier-aviles on DSK4TPTVN1PROD with RULES A. What waste did John Deere petition EPA to delist? On January 28, 2014, John Deere (through its consultant) petitioned EPA to exclude from the lists of hazardous waste contained in Section 261.31 and 261.32, F006/F019 wastewater treatment sludge, generated from its John Deere Des Moines facility in Ankeny, Iowa. B. How much waste did John Deere propose to delist? John Deere requested that EPA grant an exclusion for 600 cubic yards per year of F006/F019 wastewater treatment sludge. VerDate Sep<11>2014 14:24 Nov 24, 2014 Jkt 235001 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 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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 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 E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 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. Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The Agency’s risk assessment did not identify risks from management of this material in a Subtitle D landfill. Therefore, EPA believes that any populations in proximity of the landfills used by this facility should not be adversely affected by common waste management practices for this delisted waste. List of Subjects in 40 CFR Part 261 70111 Dated: November 11, 2014. Karl Brooks, Regional Administrator, Region 7. For the reasons set out in the preamble, EPA amends 40 CFR part 261 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. Environmental protection, Hazardous waste, Recycling, Reporting and recordkeeping requirements. 2. In Table 1 of Appendix IX to part 261 add the following waste stream in alphabetical order by facility to read as follows: Authority: Sec. 3001(f), RCRA, 42 U.S.C. 6921(f). Appendix IX to Part 261—Wastes Excluded Under §§ 260.20 and 260.22 ■ TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES Address Waste description * John Deere Des Moines Works of Deere & Company. wreier-aviles on DSK4TPTVN1PROD with RULES Facility * Ankeny, IA ........ * * * * * Wastewater Treatment Sludge Filter Cake (WWTS Filter Cake) (Hazardous Waste No. F006/F019) generated from combined onsite wastewater treatment at the Ankeny, IA, facility wastewater treatment plant at a maximum annual rate of 600 tons per calendar year and disposed of in a Subtitle D Landfill which is licensed, permitted, or otherwise authorized by a state to accept the delisted WWTS Filter Cake. John Deere must implement a testing program that meets the following conditions for the exclusion to be valid: 1. Delisting Levels: (A) The WWTS Filter Cake shall not exhibit any of the ‘‘Characteristics of Hazardous Waste in 40 CFR 261, Subpart C. (B) All TCLP leachable concentrations (40 CFR 261.24(a)) for the following constituents must not exceed the following levels (mg/L for TCLP): Arsenic—5.0; Barium—100.0; Cadmium—1.0; Chromium—5.0; Lead—5.0; Mercury 0.2; and Nickel—32.4. (C) EPA SW—846 Method 1313 Extraction at pH 2.88, 7 and 13 concentration of Chromium (hexavalent) must not exceed (mg/l) 0.087. (D) All total concentrations for the following constituents must not exceed the following levels (mg/kg): Antimony—103; Arsenic—52; Barium—965; Beryllium—21; Cadmium—10; Chromium (total)—22,500; Cobalt—11; Copper— 1439; Lead—437; Nickel—1,515; Selenium—52; Silver—26; Thallium—52; Tin—68; Vanadium—380; Zinc—5,085; Mercury—1; Chromium (hexavalent)—20; Cyanide—3, Oil and Grease—32,250; Acetone—8; Methyl Ethyl Ketone (MEK)—0.3. 2. Waste Handling and Holding: (A) John Deere must manage as hazardous all WWTS Filter Cake generated until it has completed initial verification testing described in paragraph (3)(A) and valid analyses show that paragraph (1) is satisfied and written approval is received from EPA. (B) Levels of constituents measured in the samples of the WWTS Filter Cake that do not (1) exceed the levels set forth in paragraph (1) for two consecutive quarterly sampling events are non-hazardous. After approval is received from EPA, John Deere can manage and dispose of the non-hazardous WWTS Filter Cake according to all applicable solid waste regulations. (C) Not withstanding having received the initial approval from EPA, if constituent levels in a later sample exceed any of the Delisting Levels set in paragraph (1), from that point forward, John Deere must treat all the waste covered by this exclusion as hazardous until it is demonstrated that the waste again meets the levels in paragraph (1). John Deere must manage and dispose of the waste generated under Subtitle C of RCRA from the time that it becomes aware of any exceedance. VerDate Sep<11>2014 14:24 Nov 24, 2014 Jkt 235001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1 70112 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued Facility Address Waste description wreier-aviles on DSK4TPTVN1PROD with RULES 3. Verification Testing Requirements: John Deere must perform sample collection and analyses in accordance with the Quality Assurance Project Plan submitted with the ‘‘John Deere Des Moines, Iowa, Sampling and Analysis Plan for Delisting of F006 and F019 Filter Cake, June 2012.’’ All samples shall be representative composite samples 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, 1313, 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 John Deere sludge are representative for all constituents listed in paragraph (1). To verify that the waste does not exceed the specified delisting concentrations, for one year after the final exclusion is granted, John Deere must perform quarterly analytical testing by sampling and analyzing the WWTP sludge as follows: (A) Quarterly Testing: (i) Collect two representative composite samples of the WWTS Filter Cake at quarterly intervals after EPA grants the final exclusion. The first composite samples must be taken within 30 days after EPA grants the final approval. The second set of samples must be taken at least 30 days after the first set. (ii) Analyze the samples for all constituents listed in paragraph (1). Any waste regarding which a composite sample is taken that exceeds the delisting levels listed in paragraph (1) for the sludge must be disposed as hazardous waste in accordance with the applicable hazardous waste requirements from the time that John Deere becomes aware of any exceedance. (iii) Within thirty (30) days after taking each quarterly sample, John Deere will report its analytical test data to EPA. If levels of constituents measured in the samples of the sludge do not exceed the levels set forth in paragraph (1) of this exclusion for two consecutive quarters, and EPA concurs with those findings, John Deere can manage and dispose the non-hazardous sludge according to all applicable solid waste regulations. (B) Annual Testing: (i) If John Deere completes the quarterly testing specified in paragraph (3) above and no sample contains a constituent at a level which exceeds the limits set forth in paragraph (1), John Deere may begin annual testing as follows: John Deere must test two representative composite samples of the WWTS Filter Cake (following the same protocols as specified for quarterly sampling, above) for all constituents listed in paragraph (1) at least once per calendar year. (ii) 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. (iii) John Deere shall submit an annual testing report to EPA with its annual test results, within thirty (30) days after taking each annual sample. The annual testing report also shall include the total amount of waste in tons disposed during the calendar year. 4. Changes in Operating Conditions: If John Deere significantly changes the manufacturing or treatment process described in the petition, or the chemicals used in the manufacturing or treatment process, it must notify the EPA in writing and may no longer handle the WWTS Filter Cake generated from the new process as non-hazardous unless and until the WWTS Filter Cake is shown to meet the delisting levels set in paragraph(1), John Deere demonstrates that no new hazardous constituents listed in appendix VIII of part 261 have been introduced, and John Deere has received written approval from EPA to manage the wastes from the new process under this exclusion. While the EPA may provide written approval of certain changes, if there are changes that the EPA determines are highly significant, the EPA may instead require John Deere to file a new delisting petition. 5. Data Submittals and Recordkeeping: John Deere must submit the information described below. If John Deere 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). John Deere must: (A) Submit the data obtained through paragraph (3) to the Chief, Waste Remediation and Permits Branch, U.S. EPA Region 7, 11201 Renner Boulevard, Lenexa KS 66219, within the time specified. All supporting data can be submitted on CD–ROM or some comparable electronic media; (B) Compile, summarize, and maintain on site for a minimum of five years and make available for inspection records of operating conditions, including monthly and annual volumes of WWTS Filter Cake generated, analytical data, including quality control information and, copies of the notification(s) required in paragraph (7); (C) Submit with all data a signed copy of the certification statement in 40 CFR 260.22(i)(12). VerDate Sep<11>2014 14:24 Nov 24, 2014 Jkt 235001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1 70113 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued Facility Address Waste description 6. Reopener: (A) If, any time after disposal of the delisted waste, John Deere possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other relevant data to the delisted waste indicating that any constituent is at a concentration in the leachate higher than the specified delisting concentration, then John Deere must report such data, in writing, to the Chief, Waste Remediation and Permits Branch, U.S. EPA Region 7, 11201 Renner Boulevard, Lenexa KS 66219 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, EPA Region 7, 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 John Deere 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 John Deere with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. John Deere shall have 30 days from the date of the Regional Administrator’s notice to present the information. (D) If after 30 days John Deere 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. 7. Notification Requirements: John Deere must do the following before transporting the delisted waste: (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 the one-time written notification if it ships the delisted waste into a different disposal facility. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. * * * * * * * * BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Chapter I [WC Docket No. 10–90; DA 14–1569] Connect America Fund Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Wireline Competition Bureau adopts a specific methodology for calculating reasonable comparability benchmarks for fixed broadband services. The methodology the Commission adopts today establishes reasonable comparability broadband benchmarks that vary, depending on the supported service’s download and upload bandwidths and usage allowance. DATES: Effective December 26, 2014. FOR FURTHER INFORMATION CONTACT: Suzanne Yelen, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418–0626 or TTY (202) 418–0484. wreier-aviles on DSK4TPTVN1PROD with RULES SUMMARY: 14:24 Nov 24, 2014 * * Jkt 235001 * carriers (ETCs) must offer voice and broadband services in supported areas at rates that are reasonably comparable to rates for similar services in urban areas. The methodology we adopt today establishes reasonable comparability broadband benchmarks that vary, depending on the supported service’s download and upload bandwidths and usage allowance. This approach recognizes that ETCs may choose to meet their broadband performance obligation with a service offering that exceeds the minimum requirements in one or more respects. The approach also is sufficiently flexible to account for any changes that the Commission may adopt regarding the required minimum performance characteristics. 2. The Bureau notes that because they are announcing the methodology late in the calendar year, the results for 2014 are illustrative and to inform parties that I. Introduction are potentially interested in bidding on Connect America funding for rural 1. In this Report and Order (Order), broadband experiments in the weeks the Wireline Competition Bureau ahead. The Bureau also will take into (Bureau) adopts a specific methodology for calculating reasonable comparability account the benchmarks published below when adjudicating Connect benchmarks for fixed broadband services. In the USF/ICC Transformation America Phase II challenges. The Order, 76 FR 73830, November 29, 2011, Bureau plans to announce the 2015 reasonable comparability benchmarks the Commission required that as a for fixed broadband services when the condition of receiving high-cost Bureau completes our analysis of the support, eligible telecommunications This is a synopsis of the Wireline Competition Bureau’s Report and Order in WC Docket No. 10–90; DA 14–1569, released October 29, 2014. 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. (BCPI), 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://apps.fcc.gov/edocs_public/ attachmatch/DA-14-1569A1.pdf. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–27780 Filed 11–24–14; 8:45 am] VerDate Sep<11>2014 * PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

Agencies

[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70108-70113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27780]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R07-RCRA-2014-0452; FRL-9919-72-Region-7]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Final Exclusion

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is granting the 
petition submitted by John Deere Des Moines Works (John Deere) of Deere 
& Company, in Ankeny, Iowa to exclude or ``delist'' up to 600 tons per 
calendar year of F006/F019 wastewater treatment sludge filter cake 
generated by John Deere's wastewater treatment system from the list of 
hazardous wastes. This final rule responds to a petition submitted by 
John Deere to delist up to 600 tons per calendar year of F006/F019 
wastewater treatment sludge filter cake generated by John Deere's 
wastewater treatment system from the list of hazardous wastes.
    After careful analysis and use of the Delisting Risk Assessment 
Software (DRAS), EPA has concluded the petitioned waste is not 
hazardous waste. The F006/F019 exclusion is a conditional exclusion for 
600 cubic yards per year of the F006/F019 wastewater treatment sludge.
    Accordingly, this final rule excludes the petitioned waste from the 
requirements of hazardous waste regulations under the Resource 
Conservation and Recovery Act (RCRA).

DATES: This final rule is effective on November 25, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-RCRA-2014-0452. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., 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

[[Page 70109]]

available only in hard copy form. Publicly available docket materials 
are available either electronically through www.regulations.gov or in 
hard copy by contacting the further information contact below. 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: Kenneth Herstowski, Waste Remediation 
and Permits Branch, Air and Waste Management Division, EPA Region 7, 
11201 Renner Blvd., Lenexa, KS 66219; telephone number (913) 551-7631; 
email address: herstowski.ken@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 John Deere manage the waste, when 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 John Deere petition EPA to delist?
    B. How much waste did John Deere propose to delist?
    C. How did John Deere sample and analyze the waste data in this 
petition?
IV. Public Comments Received on the Proposed Exclusions
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    After evaluating the petition for John Deere, EPA proposed, on 
August 20, 2014 (79 FR 49252), to exclude the waste from the lists of 
hazardous waste under section 261.31. EPA is finalizing the decision to 
grant John Deere's delisting petition to have its F006/F019 wastewater 
treatment sludge excluded, or delisted, from the definition of a 
hazardous waste, once it is disposed in a Subtitle D landfill.

B. Why is EPA approving this action?

    John Deere's petition requests a delisting from the F006/F019 waste 
listing under 40 CFR 260.20 and 260.22. John Deere does not believe 
that the petitioned waste meets the criteria for which EPA listed it. 
John Deere 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 
(HSWA). 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 
nonhazardous with respect to the original listing criteria. (If EPA had 
found, based on this review, that the waste remained hazardous based on 
the factors for which the waste was originally listed, EPA would have 
proposed to deny the petition.) EPA evaluated the waste with respect to 
other factors or criteria to assess whether there is a reasonable basis 
to believe that such additional factors could cause the wastes to be 
hazardous. EPA considered whether the waste is acutely toxic, the 
concentrations 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 from John Deere's facility is based on the 
information submitted in support of this rule, including a description 
of the waste and analytical data from the John Deere Des Moines, 
Ankeny, Iowa, facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in John Deere's 
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 John Deere manage the waste, when delisted?

    The delisted F006/F019 wastewater treatment sludge will be disposed 
of in a Subtitle D landfill which is permitted, licensed or otherwise 
authorized by a state to manage industrial waste.

E. When is the final delisting exclusion effective?

    This rule is effective November 25, 2014. 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 in 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?

    EPA is issuing this exclusion under the Federal RCRA delisting 
program. Thus, upon the exclusion being finalized, the wastes covered 
will be removed from Subtitle C control under the Federal RCRA program. 
This will mean, first, that the wastes will be delisted in any State or 
territory where the EPA is directly administering the RCRA program 
(e.g., Iowa, Indian Country). However, whether the wastes will be 
delisted in states which have been authorized to administer the RCRA 
program will vary depending upon the authorization status of the States 
and the particular requirements regarding delisted wastes in the 
various states.
    Some other generally authorized states have not received 
authorization for delisting. Thus, the EPA makes delisting 
determinations for such states. However, RCRA 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, or that requires a state concurrence before 
the Federal exclusion takes effect, or that allows the state to add 
conditions to any Federal exclusion. We urge the petitioner to contact 
the state regulatory authority in each state to or through which it may 
wish to ship its wastes to establish the status of its wastes under the 
state's laws.
    EPA has also authorized some states to administer a delisting 
program in place of the Federal program, that is, to make state 
delisting decisions. In such states, the state delisting requirements 
operate in lieu of the Federal delisting requirements. Therefore, this 
exclusion does not apply in those authorized states unless the state 
makes the rule part of its authorized program. If John Deere transports 
the federally excluded waste to or manages the waste in any state with 
delisting authorization, John

[[Page 70110]]

Deere must obtain a delisting authorization from that state before it 
can manage the waste as non-hazardous in that state.

II. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to EPA or to an 
authorized state to exclude or delist, from the RCRA list of hazardous 
wastes, waste the generator believes should not be considered hazardous 
under RCRA.

B. What regulations allow facilities to delist a waste?

    Under 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. 261.31 and 261.32. 
Specifically, Sec. 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of 40 CFR parts 260 
through 265 and 268. Section 260.22 provides generators the opportunity 
to petition the Administrator to exclude a waste from a particular 
generating facility from the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow EPA 
to determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. In 
addition, the Administrator must determine, where he/she has a 
reasonable basis to believe that factors (including additional 
constituents) other than those for which the waste was listed could 
cause the waste to be a hazardous waste and that such factors do not 
warrant retaining the waste as a hazardous waste.

III. EPA's Evaluation of the Waste Information and Data

A. What waste did John Deere petition EPA to delist?

    On January 28, 2014, John Deere (through its consultant) petitioned 
EPA to exclude from the lists of hazardous waste contained in Section 
261.31 and 261.32, F006/F019 wastewater treatment sludge, generated 
from its John Deere Des Moines facility in Ankeny, Iowa.

B. How much waste did John Deere propose to delist?

    John Deere requested that EPA grant an exclusion for 600 cubic 
yards per year of F006/F019 wastewater treatment sludge.

C. How did John Deere sample and analyze the waste data in this 
petition?

    To support its petition, John Deere submitted: (1) Facility 
information on production processes and waste generation processes; (2) 
initial Filter Cake composite sample analytical results to determine 
constituents of concern (COC); and (3) Analytical results from six 
composite samples of Filter Cake for the COC. The initial sample was 
analyzed for EPA's list of hazardous constituents in 40 CFR part 261, 
Appendix VIII, pesticides, PCBs. The COC selected from the initial 
composite sample results are barium, chromium, hexavalent chromium, 
copper, lead, mercury, nickel, vanadium, zinc, cyanide, acetone and 
methyl ethyl ketone. Both total and leachable concentrations of the COC 
in the Filter Cake were determined.
    John Deere generated the sampling data used in the Delisting Risk 
Assessment Software (DRAS) under a Sampling Plan and Quality Assurance 
Project Plan (June 2012 Revision). EPA believes that the sampling 
procedures used by John Deere satisfy EPA's criteria for collecting 
representative samples of the F006/F019 waste.

IV. Public Comments Received on the Proposed Exclusions

    No comments were received during the comment period.

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 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

[[Page 70111]]

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. 
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The Agency's risk assessment did not identify risks from 
management of this material in a Subtitle D landfill. Therefore, EPA 
believes that any populations in proximity of the landfills used by 
this facility should not be adversely affected by common waste 
management practices for this delisted waste.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

    Authority:  Sec. 3001(f), RCRA, 42 U.S.C. 6921(f).

    Dated: November 11, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons set out in the preamble, EPA amends 40 CFR part 261 
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 to part 261 add the following waste stream 
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
------------------------------------------------------------------------
 
                              * * * * * * *
John Deere Des Moines Works   Ankeny, IA..........  Wastewater Treatment
 of Deere & Company.                                 Sludge Filter Cake
                                                     (WWTS Filter Cake)
                                                     (Hazardous Waste
                                                     No. F006/F019)
                                                     generated from
                                                     combined onsite
                                                     wastewater
                                                     treatment at the
                                                     Ankeny, IA,
                                                     facility wastewater
                                                     treatment plant at
                                                     a maximum annual
                                                     rate of 600 tons
                                                     per calendar year
                                                     and disposed of in
                                                     a Subtitle D
                                                     Landfill which is
                                                     licensed,
                                                     permitted, or
                                                     otherwise
                                                     authorized by a
                                                     state to accept the
                                                     delisted WWTS
                                                     Filter Cake.
                                                    John Deere must
                                                     implement a testing
                                                     program that meets
                                                     the following
                                                     conditions for the
                                                     exclusion to be
                                                     valid:
                                                    1. Delisting Levels:
                                                     (A) The WWTS Filter
                                                     Cake shall not
                                                     exhibit any of the
                                                     ``Characteristics
                                                     of Hazardous Waste
                                                     in 40 CFR 261,
                                                     Subpart C. (B) All
                                                     TCLP leachable
                                                     concentrations (40
                                                     CFR 261.24(a)) for
                                                     the following
                                                     constituents must
                                                     not exceed the
                                                     following levels
                                                     (mg/L for TCLP):
                                                     Arsenic--5.0;
                                                     Barium--100.0;
                                                     Cadmium--1.0;
                                                     Chromium--5.0;
                                                     Lead--5.0; Mercury
                                                     0.2; and Nickel--
                                                     32.4. (C) EPA SW--
                                                     846 Method 1313
                                                     Extraction at pH
                                                     2.88, 7 and 13
                                                     concentration of
                                                     Chromium
                                                     (hexavalent) must
                                                     not exceed (mg/l)
                                                     0.087. (D) All
                                                     total
                                                     concentrations for
                                                     the following
                                                     constituents must
                                                     not exceed the
                                                     following levels
                                                     (mg/kg): Antimony--
                                                     103; Arsenic--52;
                                                     Barium--965;
                                                     Beryllium--21;
                                                     Cadmium--10;
                                                     Chromium (total)--
                                                     22,500; Cobalt--11;
                                                     Copper--1439; Lead--
                                                     437; Nickel--1,515;
                                                     Selenium--52;
                                                     Silver--26;
                                                     Thallium--52; Tin--
                                                     68; Vanadium--380;
                                                     Zinc--5,085;
                                                     Mercury--1;
                                                     Chromium
                                                     (hexavalent)--20;
                                                     Cyanide--3, Oil and
                                                     Grease--32,250;
                                                     Acetone--8; Methyl
                                                     Ethyl Ketone (MEK)--
                                                     0.3.
                                                    2. Waste Handling
                                                     and Holding: (A)
                                                     John Deere must
                                                     manage as hazardous
                                                     all WWTS Filter
                                                     Cake generated
                                                     until it has
                                                     completed initial
                                                     verification
                                                     testing described
                                                     in paragraph (3)(A)
                                                     and valid analyses
                                                     show that paragraph
                                                     (1) is satisfied
                                                     and written
                                                     approval is
                                                     received from EPA.
                                                     (B) Levels of
                                                     constituents
                                                     measured in the
                                                     samples of the WWTS
                                                     Filter Cake that do
                                                     not (1) exceed the
                                                     levels set forth in
                                                     paragraph (1) for
                                                     two consecutive
                                                     quarterly sampling
                                                     events are non-
                                                     hazardous. After
                                                     approval is
                                                     received from EPA,
                                                     John Deere can
                                                     manage and dispose
                                                     of the non-
                                                     hazardous WWTS
                                                     Filter Cake
                                                     according to all
                                                     applicable solid
                                                     waste regulations.
                                                     (C) Not
                                                     withstanding having
                                                     received the
                                                     initial approval
                                                     from EPA, if
                                                     constituent levels
                                                     in a later sample
                                                     exceed any of the
                                                     Delisting Levels
                                                     set in paragraph
                                                     (1), from that
                                                     point forward, John
                                                     Deere must treat
                                                     all the waste
                                                     covered by this
                                                     exclusion as
                                                     hazardous until it
                                                     is demonstrated
                                                     that the waste
                                                     again meets the
                                                     levels in paragraph
                                                     (1). John Deere
                                                     must manage and
                                                     dispose of the
                                                     waste generated
                                                     under Subtitle C of
                                                     RCRA from the time
                                                     that it becomes
                                                     aware of any
                                                     exceedance.

[[Page 70112]]

 
                                                    3. Verification
                                                     Testing
                                                     Requirements: John
                                                     Deere must perform
                                                     sample collection
                                                     and analyses in
                                                     accordance with the
                                                     Quality Assurance
                                                     Project Plan
                                                     submitted with the
                                                     ``John Deere Des
                                                     Moines, Iowa,
                                                     Sampling and
                                                     Analysis Plan for
                                                     Delisting of F006
                                                     and F019 Filter
                                                     Cake, June 2012.''
                                                     All samples shall
                                                     be representative
                                                     composite samples
                                                     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, 1313,
                                                     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 John
                                                     Deere sludge are
                                                     representative for
                                                     all constituents
                                                     listed in paragraph
                                                     (1). To verify that
                                                     the waste does not
                                                     exceed the
                                                     specified delisting
                                                     concentrations, for
                                                     one year after the
                                                     final exclusion is
                                                     granted, John Deere
                                                     must perform
                                                     quarterly
                                                     analytical testing
                                                     by sampling and
                                                     analyzing the WWTP
                                                     sludge as follows:
                                                     (A) Quarterly
                                                     Testing: (i)
                                                     Collect two
                                                     representative
                                                     composite samples
                                                     of the WWTS Filter
                                                     Cake at quarterly
                                                     intervals after EPA
                                                     grants the final
                                                     exclusion. The
                                                     first composite
                                                     samples must be
                                                     taken within 30
                                                     days after EPA
                                                     grants the final
                                                     approval. The
                                                     second set of
                                                     samples must be
                                                     taken at least 30
                                                     days after the
                                                     first set. (ii)
                                                     Analyze the samples
                                                     for all
                                                     constituents listed
                                                     in paragraph (1).
                                                     Any waste regarding
                                                     which a composite
                                                     sample is taken
                                                     that exceeds the
                                                     delisting levels
                                                     listed in paragraph
                                                     (1) for the sludge
                                                     must be disposed as
                                                     hazardous waste in
                                                     accordance with the
                                                     applicable
                                                     hazardous waste
                                                     requirements from
                                                     the time that John
                                                     Deere becomes aware
                                                     of any exceedance.
                                                     (iii) Within thirty
                                                     (30) days after
                                                     taking each
                                                     quarterly sample,
                                                     John Deere will
                                                     report its
                                                     analytical test
                                                     data to EPA. If
                                                     levels of
                                                     constituents
                                                     measured in the
                                                     samples of the
                                                     sludge do not
                                                     exceed the levels
                                                     set forth in
                                                     paragraph (1) of
                                                     this exclusion for
                                                     two consecutive
                                                     quarters, and EPA
                                                     concurs with those
                                                     findings, John
                                                     Deere can manage
                                                     and dispose the non-
                                                     hazardous sludge
                                                     according to all
                                                     applicable solid
                                                     waste regulations.
                                                     (B) Annual Testing:
                                                     (i) If John Deere
                                                     completes the
                                                     quarterly testing
                                                     specified in
                                                     paragraph (3) above
                                                     and no sample
                                                     contains a
                                                     constituent at a
                                                     level which exceeds
                                                     the limits set
                                                     forth in paragraph
                                                     (1), John Deere may
                                                     begin annual
                                                     testing as follows:
                                                     John Deere must
                                                     test two
                                                     representative
                                                     composite samples
                                                     of the WWTS Filter
                                                     Cake (following the
                                                     same protocols as
                                                     specified for
                                                     quarterly sampling,
                                                     above) for all
                                                     constituents listed
                                                     in paragraph (1) at
                                                     least once per
                                                     calendar year. (ii)
                                                     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. (iii)
                                                     John Deere shall
                                                     submit an annual
                                                     testing report to
                                                     EPA with its annual
                                                     test results,
                                                     within thirty (30)
                                                     days after taking
                                                     each annual sample.
                                                     The annual testing
                                                     report also shall
                                                     include the total
                                                     amount of waste in
                                                     tons disposed
                                                     during the calendar
                                                     year.
                                                    4. Changes in
                                                     Operating
                                                     Conditions: If John
                                                     Deere significantly
                                                     changes the
                                                     manufacturing or
                                                     treatment process
                                                     described in the
                                                     petition, or the
                                                     chemicals used in
                                                     the manufacturing
                                                     or treatment
                                                     process, it must
                                                     notify the EPA in
                                                     writing and may no
                                                     longer handle the
                                                     WWTS Filter Cake
                                                     generated from the
                                                     new process as non-
                                                     hazardous unless
                                                     and until the WWTS
                                                     Filter Cake is
                                                     shown to meet the
                                                     delisting levels
                                                     set in
                                                     paragraph(1), John
                                                     Deere demonstrates
                                                     that no new
                                                     hazardous
                                                     constituents listed
                                                     in appendix VIII of
                                                     part 261 have been
                                                     introduced, and
                                                     John Deere has
                                                     received written
                                                     approval from EPA
                                                     to manage the
                                                     wastes from the new
                                                     process under this
                                                     exclusion. While
                                                     the EPA may provide
                                                     written approval of
                                                     certain changes, if
                                                     there are changes
                                                     that the EPA
                                                     determines are
                                                     highly significant,
                                                     the EPA may instead
                                                     require John Deere
                                                     to file a new
                                                     delisting petition.
                                                    5. Data Submittals
                                                     and Recordkeeping:
                                                     John Deere must
                                                     submit the
                                                     information
                                                     described below. If
                                                     John Deere 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). John
                                                     Deere must: (A)
                                                     Submit the data
                                                     obtained through
                                                     paragraph (3) to
                                                     the Chief, Waste
                                                     Remediation and
                                                     Permits Branch,
                                                     U.S. EPA Region 7,
                                                     11201 Renner
                                                     Boulevard, Lenexa
                                                     KS 66219, within
                                                     the time specified.
                                                     All supporting data
                                                     can be submitted on
                                                     CD-ROM or some
                                                     comparable
                                                     electronic media;
                                                     (B) Compile,
                                                     summarize, and
                                                     maintain on site
                                                     for a minimum of
                                                     five years and make
                                                     available for
                                                     inspection records
                                                     of operating
                                                     conditions,
                                                     including monthly
                                                     and annual volumes
                                                     of WWTS Filter Cake
                                                     generated,
                                                     analytical data,
                                                     including quality
                                                     control information
                                                     and, copies of the
                                                     notification(s)
                                                     required in
                                                     paragraph (7); (C)
                                                     Submit with all
                                                     data a signed copy
                                                     of the
                                                     certification
                                                     statement in 40 CFR
                                                     260.22(i)(12).

[[Page 70113]]

 
                                                    6. Reopener: (A) If,
                                                     any time after
                                                     disposal of the
                                                     delisted waste,
                                                     John Deere
                                                     possesses or is
                                                     otherwise made
                                                     aware of any
                                                     environmental data
                                                     (including but not
                                                     limited to leachate
                                                     data or groundwater
                                                     monitoring data) or
                                                     any other relevant
                                                     data to the
                                                     delisted waste
                                                     indicating that any
                                                     constituent is at a
                                                     concentration in
                                                     the leachate higher
                                                     than the specified
                                                     delisting
                                                     concentration, then
                                                     John Deere must
                                                     report such data,
                                                     in writing, to the
                                                     Chief, Waste
                                                     Remediation and
                                                     Permits Branch,
                                                     U.S. EPA Region 7,
                                                     11201 Renner
                                                     Boulevard, Lenexa
                                                     KS 66219 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, EPA
                                                     Region 7, 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 John Deere
                                                     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
                                                     John Deere with an
                                                     opportunity to
                                                     present information
                                                     as to why the
                                                     proposed Agency
                                                     action is not
                                                     necessary or to
                                                     suggest an
                                                     alternative action.
                                                     John Deere shall
                                                     have 30 days from
                                                     the date of the
                                                     Regional
                                                     Administrator's
                                                     notice to present
                                                     the information.
                                                     (D) If after 30
                                                     days John Deere
                                                     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.
                                                    7. Notification
                                                     Requirements: John
                                                     Deere must do the
                                                     following before
                                                     transporting the
                                                     delisted waste: (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 the one-time
                                                     written
                                                     notification if it
                                                     ships the delisted
                                                     waste into a
                                                     different disposal
                                                     facility. Failure
                                                     to provide this
                                                     notification will
                                                     result in a
                                                     violation of the
                                                     delisting petition
                                                     and a possible
                                                     revocation of the
                                                     decision.
 
                              * * * * * * *
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* * * * *
[FR Doc. 2014-27780 Filed 11-24-14; 8:45 am]
BILLING CODE 6560-50-P
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