Hazardous Waste Management System; Identification and Listing of Hazardous Waste Amendment, 42735-42738 [2015-17672]
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42735
Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 18, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
reference, Intergovernmental relations,
Nitrogen dioxide, Sulfur dioxide,
Reporting and recordkeeping
requirements.
Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42. U.S.C. 7401 et seq.
Subpart II—North Carolina
2. Section 52.1770(c) is amended
under Table 1, at Subchapter 2D Air
Pollution Control Requirements, Section
.0400 Ambient Air Quality Standards by
revising the entries for ‘‘.0402,’’ and
‘‘.0407’’ to read as follows:
■
§ 52.1770
*
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State effective
date
Title/subject
EPA approval date
Explanation
Subchapter 2D Air Pollution Control Requirements
*
*
*
*
*
*
*
Section .0400 Ambient Air Quality Standards
*
Sect .0402 .........................
*
*
*
Sulfur Dioxide .............................................................
*
9/1/2011
*
7/20/2015 [Insert citation
of publication].
*
Sect .0407 .........................
*
*
*
Nitrogen Dioxide .........................................................
*
9/1/2011
*
7/20/2015 [Insert citation
of publication].
*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2015–17683 Filed 7–17–15; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
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40 CFR Part 261
[EPA–R01–RCRA–2012–0447; FRL–9930–
54–Region–1]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste Amendment
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule; amendment.
The Environmental Protection
Agency (EPA) is amending the
exclusion for International Business
Machines Corporation (IBM) in Essex
Junction, Vermont to reflect changes in
ownership and name.
DATES: This amendment is effective on
July 20, 2015.
FOR FURTHER INFORMATION CONTACT:
Sharon Leitch, RCRA Waste
Management and UST Section, Office of
SUMMARY:
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
Site Remediation and Restoration, (Mail
Code: OSRR07–01), EPA Region 1, 5
Post Office Square, Suite 100, Boston,
MA 02109–3912; telephone number:
(617) 918–1647; fax number (617) 918–
0647; email address: leitch.sharon@
epa.gov.
SUPPLEMENTARY INFORMATION: In this
document EPA is amending appendix
IX to part 261 to reflect a change in the
ownership and name of a particular
facility. Today’s notice documents the
transfer of ownership and name change
by updating appendix IX to incorporate
the change in owner’s name for the IBM
Corporation, Essex Junction, Vermont
facility. The exclusion or ‘‘delisting’’
was granted to IBM on September 13,
2012 (see 77 FR 56558). The EPA has
been notified that the transfer of
ownership of the Essex Junction facility
to GLOBALFOUNDRIES U.S. 2 LLC will
occur on July 1, 2015.
GLOBALFOUNDRIES has certified that
it plans to comply with all the terms
and conditions set forth in the delisting
and will not change the characteristics
of the wastes subject to the exclusion at
the Essex Junction facility. This notice
documents the change by updating
appendix IX to incorporate a change in
name.
In accordance with the delisting
approval, IBM has completed the
quarterly verification testing
requirements set forth in paragraph
3.(A) and has submitted the first set of
annual testing results in accordance
with paragraph 3.(B). As part of this
notice, EPA is clarifying the
requirements for annual reporting found
in paragraph 3.(B)(iii) of the delisting
approval. The paragraph currently
requires that the annual test report
include the annual testing data and the
annual amount of waste in cubic yards
disposed of during the calendar year.
However, as a result of the timing of the
delisting approval, annual testing occurs
during August and September of each
year and the reports are submitted to
EPA soon thereafter. With this notice
EPA is clarifying that the reporting of
the annual sludge volumes shall occur
separately from the annual testing
reports. As a result, the delisting is
being modified to include paragraph
3.(B)(iv) to reflect this change. We are
also clarifying in paragraph 3.(B)(iii)
that the annual testing results shall be
submitted to EPA within thirty days
after both annual samples have been
taken.
The changes to appendix IX of part
261 are effective July 20, 2015. The
Hazardous and Solid Waste
Amendments of 1984 amended section
3010 of the Resource Conservation and
Recovery Act (RCRA) to allow rules to
become effective in less than six months
when the regulated community does not
need the six-month period to come into
compliance. As described above, the
facility has certified that it is prepared
to comply with the requirements of the
exclusion. Therefore, a six-month delay
in the effective date is not necessary in
this case. This provides the basis for
making this amendment effective
immediately upon publication under
the Administrative Procedures Act
pursuant to 5 United States Code
(U.S.C.) 5531(d). The EPA has
determined that having a proposed rule
and public comment on this change is
unnecessary, as it involves only a
change in company ownership, and a
clarification, with all of the same
delisting requirements remaining in
effect.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
Authority: Section 3001(f) RCRA, 42
U.S.C. 6921(f)
Dated: June 29, 2015.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
For the reasons set out in the
preamble, 40 CFR part 261 is amended
as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
2. Table 1 of Appendix IX to part 261
is amended by removing the ‘‘IBM
Corporation’’ entry and adding a new
entry ‘‘GLOBALFOUNDRIES U.S. 2
LLC’’ in alphabetical order by facility to
read as follows:
■
Appendix IX to Part 261—Waste
Excluded Under §§ 260.20 and 260.22
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Facility
Address
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GLOBALFOUNDRIES U.S. 2 LLC
(formerly, ‘‘IBM Corporation’’).
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Waste description
*
Essex Junction, VT
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Wastewater Treatment Sludge (Hazardous Waste No. F006) generated at a maximum annual rate of 3,150 cubic yards 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 wastewater treatment sludge. GLOBALFOUNDRIES U.S. 2
LLC must implement a testing program that meets the following conditions for the
exclusion to be valid: 1. Delisting Levels: (A) All leachable concentrations 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.
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42737
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
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2. Waste Handling and Holding: (A) GLOBALFOUNDRIES U.S. 2 LLC must manage
as hazardous all WWTP sludge 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 by EPA. (B) Levels of constituents
measured in the samples of the WWTP sludge that do not exceed the levels set
forth in paragraph (1) for two consecutive quarterly sampling events are non-hazardous. After approval is received from EPA, GLOBALFOUNDRIES U.S. 2 LLC
can manage and dispose of the non-hazardous WWTP sludge 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,
GLOBALFOUNDRIES U.S. 2 LLC 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). GLOBALFOUNDRIES U.S. 2 LLC must manage and dispose of
the waste generated under Subtitle C of RCRA from the time that it becomes
aware of any exceedance.
3. Verification Testing Requirements: GLOBALFOUNDRIES U.S. 2 LLC must perform sample collection and analyses in accordance with the approved Quality Assurance Project Plan dated January 27, 2011. 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, 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 GLOBALFOUNDRIES U.S. 2 LLC
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 GLOBALFOUNDRIES U.S. 2 LLC 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 WWTP sludge 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
GLOBALFOUNDRIES U.S. 2 LLC becomes aware of any exceedance. (iii) Within
thirty (30) days after taking each quarterly sample, GLOBALFOUNDRIES U.S. 2
LLC 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,
GLOBALFOUNDRIES U.S. 2 LLC can manage and dispose the non-hazardous
sludge according to all applicable solid waste regulations. (B) Annual Testing: (i) If
GLOBALFOUNDRIES U.S. 2 LLC 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), GLOBALFOUNDRIES U.S. 2 LLC may
begin annual testing as follows: GLOBALFOUNDRIES U.S. 2 LLC must test two
representative composite samples of the wastewater treatment sludge (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)
GLOBALFOUNDRIES U.S. 2 LLC shall submit an annual testing report to EPA
with all of its annual test results, within thirty (30) days after taking the two annual
samples. (iv) GLOBALFOUNDRIES U.S. 2 LLC shall submit to EPA in January of
each year the total amount of waste in cubic yards disposed during the previous
calendar year.
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
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4. Changes in Operating Conditions: If GLOBALFOUNDRIES U.S. 2 LLC 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 wastes generated from the new
process as non-hazardous unless and until the wastes are shown to meet the
delisting levels set in paragraph (1), GLOBALFOUNDRIES U.S. 2 LLC demonstrates that no new hazardous constituents listed in appendix VIII of part 261
have been introduced, and GLOBALFOUNDRIES U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2 LLC to file a new delisting petition.
5. Data Submittals and Recordkeeping: GLOBALFOUNDRIES U.S. 2 LLC must submit the information described below. If GLOBALFOUNDRIES U.S. 2 LLC 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).
GLOBALFOUNDRIES U.S. 2 LLC must: (A) Submit the data obtained through
paragraph (3) to the Chief, RCRA Waste Management & UST Section, U.S. EPA
Region 1, (OSRR07–1), 5 Post Office Square, Suite 100, Boston, MA 02109–
3912, 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 WWTP sludge 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).
6. Reopener Language—(A) If, anytime, after disposal of the delisted waste,
GLOBALFOUNDRIES U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2 LLC must report such
data, in writing, to the Regional Administrator and to the Vermont Agency of Natural Resources Secretary within 10 days of first possessing or being made aware
of that data. (B) Based on the information described in paragraph (A) and any
other information received from any source, the Regional Administrator will make
a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include
suspending, or revoking the exclusion, or other appropriate response necessary to
protect human health and the environment. (C) If the Regional Administrator determines that the reported information does require Agency action, the Regional
Administrator will notify GLOBALFOUNDRIES U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2 LLC with an opportunity to
present information as to why the proposed Agency action is not necessary or to
suggest an alternative action. GLOBALFOUNDRIES U.S. 2 LLC shall have 30
days from the date of the Regional Administrator’s notice to present the information. (D) If after 30 days GLOBALFOUNDRIES U.S. 2 LLC 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: GLOBALFOUNDRIES U.S. 2 LLC 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
to 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. 2015–17672 Filed 7–17–15; 8:45 am]
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]]>Agencies
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42735-42738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17672]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R01-RCRA-2012-0447; FRL-9930-54-Region-1]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is amending the
exclusion for International Business Machines Corporation (IBM) in
Essex Junction, Vermont to reflect changes in ownership and name.
DATES: This amendment is effective on July 20, 2015.
FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management
and UST Section, Office of
[[Page 42736]]
Site Remediation and Restoration, (Mail Code: OSRR07-01), EPA Region 1,
5 Post Office Square, Suite 100, Boston, MA 02109-3912; telephone
number: (617) 918-1647; fax number (617) 918-0647; email address:
leitch.sharon@epa.gov.
SUPPLEMENTARY INFORMATION: In this document EPA is amending appendix IX
to part 261 to reflect a change in the ownership and name of a
particular facility. Today's notice documents the transfer of ownership
and name change by updating appendix IX to incorporate the change in
owner's name for the IBM Corporation, Essex Junction, Vermont facility.
The exclusion or ``delisting'' was granted to IBM on September 13, 2012
(see 77 FR 56558). The EPA has been notified that the transfer of
ownership of the Essex Junction facility to GLOBALFOUNDRIES U.S. 2 LLC
will occur on July 1, 2015. GLOBALFOUNDRIES has certified that it plans
to comply with all the terms and conditions set forth in the delisting
and will not change the characteristics of the wastes subject to the
exclusion at the Essex Junction facility. This notice documents the
change by updating appendix IX to incorporate a change in name.
In accordance with the delisting approval, IBM has completed the
quarterly verification testing requirements set forth in paragraph
3.(A) and has submitted the first set of annual testing results in
accordance with paragraph 3.(B). As part of this notice, EPA is
clarifying the requirements for annual reporting found in paragraph
3.(B)(iii) of the delisting approval. The paragraph currently requires
that the annual test report include the annual testing data and the
annual amount of waste in cubic yards disposed of during the calendar
year. However, as a result of the timing of the delisting approval,
annual testing occurs during August and September of each year and the
reports are submitted to EPA soon thereafter. With this notice EPA is
clarifying that the reporting of the annual sludge volumes shall occur
separately from the annual testing reports. As a result, the delisting
is being modified to include paragraph 3.(B)(iv) to reflect this
change. We are also clarifying in paragraph 3.(B)(iii) that the annual
testing results shall be submitted to EPA within thirty days after both
annual samples have been taken.
The changes to appendix IX of part 261 are effective July 20, 2015.
The Hazardous and Solid Waste Amendments of 1984 amended section 3010
of the Resource Conservation and Recovery Act (RCRA) to allow rules to
become effective in less than six months when the regulated community
does not need the six-month period to come into compliance. As
described above, the facility has certified that it is prepared to
comply with the requirements of the exclusion. Therefore, a six-month
delay in the effective date is not necessary in this case. This
provides the basis for making this amendment effective immediately upon
publication under the Administrative Procedures Act pursuant to 5
United States Code (U.S.C.) 5531(d). The EPA has determined that having
a proposed rule and public comment on this change is unnecessary, as it
involves only a change in company ownership, and a clarification, with
all of the same delisting requirements remaining in effect.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Authority: Section 3001(f) RCRA, 42 U.S.C. 6921(f)
Dated: June 29, 2015.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
For the reasons set out in the preamble, 40 CFR part 261 is amended
as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
0
2. Table 1 of Appendix IX to part 261 is amended by removing the ``IBM
Corporation'' entry and adding a new entry ``GLOBALFOUNDRIES U.S. 2
LLC'' in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
GLOBALFOUNDRIES U.S. 2 LLC (formerly, Essex Junction, VT..... Wastewater Treatment Sludge (Hazardous Waste No.
``IBM Corporation''). F006) generated at a maximum annual rate of
3,150 cubic yards 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 wastewater
treatment sludge. GLOBALFOUNDRIES U.S. 2 LLC
must implement a testing program that meets the
following conditions for the exclusion to be
valid: 1. Delisting Levels: (A) All leachable
concentrations 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.
[[Page 42737]]
2. Waste Handling and Holding: (A)
GLOBALFOUNDRIES U.S. 2 LLC must manage as
hazardous all WWTP sludge 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 by EPA. (B)
Levels of constituents measured in the samples
of the WWTP sludge that do not exceed the
levels set forth in paragraph (1) for two
consecutive quarterly sampling events are non-
hazardous. After approval is received from EPA,
GLOBALFOUNDRIES U.S. 2 LLC can manage and
dispose of the non-hazardous WWTP sludge
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, GLOBALFOUNDRIES U.S. 2
LLC 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). GLOBALFOUNDRIES U.S. 2 LLC must
manage and dispose of the waste generated under
Subtitle C of RCRA from the time that it
becomes aware of any exceedance.
3. Verification Testing Requirements:
GLOBALFOUNDRIES U.S. 2 LLC must perform sample
collection and analyses in accordance with the
approved Quality Assurance Project Plan dated
January 27, 2011. 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, 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 GLOBALFOUNDRIES
U.S. 2 LLC 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 GLOBALFOUNDRIES
U.S. 2 LLC 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 WWTP sludge 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 GLOBALFOUNDRIES U.S. 2 LLC
becomes aware of any exceedance. (iii) Within
thirty (30) days after taking each quarterly
sample, GLOBALFOUNDRIES U.S. 2 LLC 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, GLOBALFOUNDRIES U.S. 2 LLC can
manage and dispose the non-hazardous sludge
according to all applicable solid waste
regulations. (B) Annual Testing: (i) If
GLOBALFOUNDRIES U.S. 2 LLC 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), GLOBALFOUNDRIES U.S. 2 LLC may
begin annual testing as follows:
GLOBALFOUNDRIES U.S. 2 LLC must test two
representative composite samples of the
wastewater treatment sludge (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)
GLOBALFOUNDRIES U.S. 2 LLC shall submit an
annual testing report to EPA with all of its
annual test results, within thirty (30) days
after taking the two annual samples. (iv)
GLOBALFOUNDRIES U.S. 2 LLC shall submit to EPA
in January of each year the total amount of
waste in cubic yards disposed during the
previous calendar year.
[[Page 42738]]
4. Changes in Operating Conditions: If
GLOBALFOUNDRIES U.S. 2 LLC 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 wastes generated from the new
process as non-hazardous unless and until the
wastes are shown to meet the delisting levels
set in paragraph (1), GLOBALFOUNDRIES U.S. 2
LLC demonstrates that no new hazardous
constituents listed in appendix VIII of part
261 have been introduced, and GLOBALFOUNDRIES
U.S. 2 LLC 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
GLOBALFOUNDRIES U.S. 2 LLC to file a new
delisting petition.
5. Data Submittals and Recordkeeping:
GLOBALFOUNDRIES U.S. 2 LLC must submit the
information described below. If GLOBALFOUNDRIES
U.S. 2 LLC 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). GLOBALFOUNDRIES
U.S. 2 LLC must: (A) Submit the data obtained
through paragraph (3) to the Chief, RCRA Waste
Management & UST Section, U.S. EPA Region 1,
(OSRR07-1), 5 Post Office Square, Suite 100,
Boston, MA 02109-3912, 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 WWTP
sludge 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).
6. Reopener Language--(A) If, anytime, after
disposal of the delisted waste, GLOBALFOUNDRIES
U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2 LLC
must report such data, in writing, to the
Regional Administrator and to the Vermont
Agency of Natural Resources Secretary within 10
days of first possessing or being made aware of
that data. (B) Based on the information
described in paragraph (A) and any other
information received from any source, the
Regional Administrator will make a preliminary
determination as to whether the reported
information requires Agency action to protect
human health or the environment. Further action
may include suspending, or revoking the
exclusion, or other appropriate response
necessary to protect human health and the
environment. (C) If the Regional Administrator
determines that the reported information does
require Agency action, the Regional
Administrator will notify GLOBALFOUNDRIES U.S.
2 LLC 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
GLOBALFOUNDRIES U.S. 2 LLC with an opportunity
to present information as to why the proposed
Agency action is not necessary or to suggest an
alternative action. GLOBALFOUNDRIES U.S. 2 LLC
shall have 30 days from the date of the
Regional Administrator's notice to present the
information. (D) If after 30 days
GLOBALFOUNDRIES U.S. 2 LLC 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: GLOBALFOUNDRIES
U.S. 2 LLC 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 to 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. 2015-17672 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P
