Hazardous Waste Management System; Identifying and Listing Hazardous Waste Exclusion, 64289-64293 [2018-27156]
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Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
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PART 70—STATE OPERATING PERMIT
PROGRAMS
5. The authority citation for part 70
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
6. Amend appendix A to part 70 by:
a. Adding paragraph (a)(3) under the
heading ‘‘Alabama’’;
■ b. Adding paragraph (d) under the
heading ‘‘Georgia’’; and
■ c. Adding paragraph (d) under the
heading ‘‘South Carolina’’.
The additions read as follows:
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Alabama
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(3) Revisions to Alabama Chapter 335–3–
16-.15(4), submitted on May 19, 2017, to
allow for electronic noticing of operating
permits, are approved on November 15, 2018.
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Georgia
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(d) Revisions to Georgia Rule 391–3–1–
.03(10) submitted on November 29, 2017, to
allow for electronic noticing of operating
permits, are approved on November 15, 2018.
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South Carolina
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(d) Revisions to South Carolina Regulation
61–62.70, submitted on September 5, 2017, to
allow for electronic noticing of operating
permits, are approved on November 15, 2018.
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[FR Doc. 2018–26247 Filed 12–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R10–RCRA–2018–0538; FRL–9987–
68–Region 10]
Hazardous Waste Management
System; Identifying and Listing
Hazardous Waste Exclusion
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) (also, ‘‘the Agency’’ in
this preamble) is granting a petition
submitted by Sandvik Special Metals
(Sandvik), in Kennewick, Washington to
exclude (or ‘‘delist’’) up to 1,500 cubic
yards of F006 wastewater treatment
SUMMARY:
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sludge per year from the list of Federal
hazardous wastes. The EPA has decided
to grant the petition based on an
evaluation of waste-specific information
provided by Sandvik and a
consideration of public comments
received. This action conditionally
excludes the petitioned waste from the
requirements of hazardous waste
regulations under the Resource
Conservation and Recovery Act (RCRA)
when disposed of in a Subtitle D landfill
permitted, licensed, or registered by a
State. The rule also imposes testing
conditions for waste generated in the
future to ensure that this waste
continues to qualify for delisting.
Subject to state-only requirements
within the State of Washington, or
federally-authorized or state-only
requirements in other states where the
subject wastes may be disposed of,
Sandvik’s petitioned waste may be
disposed of in a Subtitle D landfill
which is permitted, licensed, or
registered by a State to manage
municipal solid waste, or nonmunicipal non-hazardous waste.
DATES: This final rule is effective on
December 14, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. [EPA–R10–RCRA–2018–0538]. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through
www.regulations.gov or in hard copy at
the RCRA Records Center, 16th floor,
U.S. EPA, Region 10, 1200 6th Avenue,
Suite 155, OAW–150, Seattle,
Washington 98101. This facility is open
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The EPA recommends you
telephone Dr. David Bartus at (206) 553–
2804 before visiting the Region 10
office. The public may copy material
from the regulatory docket at 15 cents
per page.
FOR FURTHER INFORMATION CONTACT: Dr.
David Bartus, EPA, Region 10, 1200 6th
Avenue, Suite 155, OAW–150, Seattle,
Washington 98070; telephone number:
(206) 553–2804; email address:
bartus.dave@epa.gov.
As discussed in Section V below, the
Washington State Department of
Ecology is evaluating Sandvik’s petition
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under state authority. Information on
Ecology’s action may be found at
https://fortress.wa.gov/ecy/publications/
SummaryPages/1804023.html.
SUPPLEMENTARY INFORMATION: The
information in this section is organized
as follows:
I. Background
A. What is a delisting petition?
B. What regulations allow a waste to be
delisted?
II. Sandvik’s Petition
A. What waste did Sandvik petition EPA
to delist?
B. What information was submitted in
support of this petition?
III. EPA’s Evaluation and Public Comments
A. What decision is EPA finalizing and
why?
B. Public Comments Received and EPA’s
Response
IV. Final Rule
A. What are the terms of this exclusion?
B. When is the Delisting Effective?
C. How does this action affect the states?
V. Statutory and Executive Order Reviews
I. Background
A. What is a delisting petition?
A delisting petition is a request from
a generator to exclude waste from the
list of hazardous wastes under RCRA
regulations. In a delisting petition, the
petitioner must show that waste
generated at a particular facility does
not meet any of the criteria for which
EPA listed the waste as set forth in 40
CFR 261.11 and the background
document for the waste. In addition, a
petitioner must demonstrate that the
waste does not exhibit any of the
hazardous waste characteristics (that is,
ignitability, reactivity, corrosivity, and
toxicity) and must present sufficient
information for us to decide whether
factors other than those for which the
waste was listed warrant retaining it as
a hazardous waste. See 40 CFR 260.22,
Section 3001(f) of RCRA, 42 U.S.C.
6921(f) and the background documents
for a listed waste.
A generator of a waste excluded from
the hazardous waste lists of 40 CFR part
261 subpart D remains obligated under
RCRA to confirm that its waste remains
nonhazardous based on the hazardous
waste characteristics in order to
continue to manage the waste as nonhazardous. See 40 CFR 260.22(c)(4).
B. What regulations allow a waste to be
delisted?
Under 40 CFR 260.20, 260.22, and 42
U.S.C. 6921(f), facilities may petition
the EPA to remove their wastes from
hazardous waste storage and treatment
requirements by excluding them from
the lists of hazardous wastes contained
in 40 CFR 261.31 and 261.32.
Specifically, 40 CFR 260.20 allows any
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person to petition the Administrator to
modify or revoke any provision of 40
CFR parts 260 through 266, 268, and
27340 CFR 260.22 provides a generator
the opportunity to petition the
Administrator to exclude a waste from
the lists of hazardous wastes on a
‘‘generator specific’’ basis.
II. Sandvik’s Petition
A. What waste did Sandvik petition EPA
to delist?
On April 27, 2018, Sandvik petitioned
the EPA to exclude an annual volume of
up to 1,500 cubic yards of F006
wastewater treatment sludges generated
at its facility located in Kennewick,
Washington from the list of hazardous
wastes contained in 40 CFR 261.31.
F006 is defined in 40 CFR 261.31 as
‘‘Wastewater treatment sludges from
electroplating operations . . .’’ Sandvik
claims that the petitioned waste does
not meet the criteria for which F006 was
listed (i.e., cadmium, hexavalent
chromium, nickel and complexed
cyanide) and that there are no other
factors which would cause the waste to
be a hazardous waste.
B. What information was submitted in
support of this petition?
Sandvik conducted a detailed
chemical analysis of their WWTF sludge
according to a written sampling and
analysis plan (SAP), provided as
Attachment 2 to the delisting petition.
Sandvik also asserted in its analysis that
its waste does not meet the criteria for
which F006 waste was listed and there
are no other factors that might cause the
waste to be a hazardous waste.
To support its assertion that the waste
should be excluded, Sandvik collected
numerous samples of the waste for
analysis as documented in the preamble
to the EPA’s proposed delisting
rulemaking. The EPA assessed
Sandvik’s data presented in the petition
with respect to its intended use, and
found the data were of sufficient quality
and quantity to satisfy delisting decision
criteria.
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III. EPA’s Evaluation and Public
Comments
A. What decision is EPA finalizing and
why?
Today the EPA is finalizing an
exclusion for up to 1,500 cubic yards of
wastewater treatment sludge generated
annually at the Sandvik facility in
Kennewick, Washington. Sandvik
petitioned EPA to exclude, or delist, the
wastewater treatment sludge because
Sandvik believed that the petitioned
waste does not meet the criteria for
which it was listed and that there are no
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additional constituents or factors which
could cause the waste to be a hazardous
waste. Review of this petition included
consideration of the original listing
criteria, as well as the additional factors
required by the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
See 42 U.S.C. 6921(f), and 40 CFR
260.22(d)(2) through (4).
The EPA proposed on September 12,
2018 (83 FR 46126) to exclude or delist
the wastewater treatment sludge
generated at Sandvik’s facility from the
list of hazardous wastes in 40 CFR
261.31 and accepted public comment on
the proposed rulemaking. The EPA
considered all comments received, and
for reasons stated in both the proposal
and this document, has determined that
the wastewater treatment sludge from
Sandvik’s facility should be excluded
from hazardous waste control.
B. Public Comments Received and
EPA’s Response
The EPA received six public
comments on the proposed rulemaking.
Three of these comments supported the
EPA’s proposed exclusion (comments
0020, 0021 and 0023). Comment 0020
did raise a concern regarding the effect
of the proposed delisting on residents of
Kennewick. The EPA appreciates this
concern, noting that the analysis
supporting the proposed exclusion
clearly documents that management of
Sandvik’s waste under the exclusion
will be fully protective of residents both
Kennewick, Washington and any solid
waste landfill that may receive
Sandvik’s delisted waste. Comment 21
suggested that annual verification
sampling and analysis could be done
more frequently. Based on
documentation provided by Sandvik
regarding the highly-regulated nature of
Sandvik’s production process that is
expected to result in the petitioned
waste to remain largely consistent over
time, the EPA does not believe that a
requirement to perform verification
sampling and analysis more frequently
than annually is warranted.
One commenter (comment 0022)
raised questions concerning glass
recycling not relevant to the proposed
exclusion.
Two comments recommended that the
EPA perform additional analysis before
finalizing the proposed exclusion.
Comment 0019 stated that more
research is needed regarding the effects
of arsenic groundwater contamination,
and on the direction of groundwater
from the receiving landfill. This
commenter also requested that the
sludge be tested for the characteristics of
ignitability, reactivity and corrosivity.
Sandvik used the Delisting Risk
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Assessment Software (DRAS) model to
develop and document compliance with
delisting criteria on a constituentspecific basis, including arsenic. The
DRAS model reflects established science
and policy regarding multipath analysis
including groundwater. The results of
this modeling indicate to the EPA that
no additional research is needed prior to
finalization of the requested exclusion.
Regarding the commenter’s question
regarding the direction of groundwater
flow from the receiving landfill, EPA
does not exercise direct control over a
receiving landfill through the delisting
process. Rather, the EPA specifies as a
condition of this delisting that the
receiving landfill be licensed, permitted,
or otherwise authorized by a state as a
municipal solid waste landfill subject to
40 CFR part 258, or non-municipal, nonhazardous industrial waste landfill
subject to 40 CFR 257.5 through 257.30.
The EPA has added clarifying language
to this effect in Condition 2 of this
exclusion. This ensures that questions
such as the direction of groundwater
flow and appropriate groundwater
monitoring of the receiving landfill are
appropriately considered through state
approval of the receiving landfill. The
EPA has determined that this approach
is fully protective of human health and
the environment with respect to the
receiving landfill’s acceptance of wastes
excluded under today’s action. Finally,
Federal delisting regulations clearly
state that candidate wastes cannot
exhibit a hazardous characteristic.
Sandvik’s petition documents
compliance with this requirement based
on data characterizing the waste as of
the date of Sandvik’s petition, and
conditions of the final exclusion ensure
future compliance with this
requirement.
Comment 24 stated that the proposed
rule should not go into effect without an
independent evaluation of the waste
water sought to be excluded, and that it
is inappropriate to rely on the
evaluation of the petitioner alone. The
EPA has performed an extensive and
detailed review of Sandvik’s petition,
providing exactly the independent
analysis requested by the commenter.
The EPA does not believe further
independent analysis of Sandvik’s
petition is necessary or warranted.
The EPA also received comments
from the Washington State Department
of Ecology. In addition to editorial and
clarification suggestions, Ecology
requested more specific language
regarding the scope of solid waste
landfills eligible to receive wastes
managed under this exclusion, and
requested a condition be added
requiring Sandvik to provide Ecology
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with a copy of verification data
generated pursuant to this exclusion.
The EPA has included revised language
that better defines those solid waste
landfills eligible to receive wastes
managed under this exclusion, and that
requires Sandvik to provide Ecology
with a copy of verification data.
IV. Final Rule
A. What are the terms of this exclusion?
Sandvik must dispose of this waste in
a subtitle D landfill licensed, permitted
or otherwise authorized by a state, and
will remain obligated to verify that the
waste meets the allowable
concentrations set forth here. Sandvik
must also continue to determine that the
waste does not exhibit any of the
characteristics of hazardous waste in 40
CFR part 261 subpart C. This exclusion
applies only to a maximum annual
volume of 1,500 cubic yards per
calendar year and is effective only if all
conditions contained in this rule are
satisfied. Should Sandvik generate
candidate wastes in excess of this
quantity, they must be managed as
hazardous waste. Sandvik may not
apply such excess amount to the 1500
cubic yard limit of the following year.
B. When is the delisting effective?
This rule is effective December 14,
2018. The Hazardous and Solid Waste
Amendments of 1984 amended section
3010 of RCRA, 42 U.S.C. 6930(b)(1), to
allow rules to become effective in less
than six months when the regulated
community does not need the six-month
period to come into compliance. This
rule reduces rather than increases the
existing requirements and, therefore, is
effective immediately upon publication
under the Administrative Procedure
Act, pursuant to 5 U.S.C. 553(d).
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C. How does this action affect the
States?
Today’s exclusion is being issued
under the Federal RCRA delisting
program. Therefore, only states subject
to Federal RCRA delisting provisions
would be affected. This exclusion is not
effective in states that have received
authorization to make their own
delisting decisions. Also, the exclusion
may not be effective in states having a
dual system that includes Federal RCRA
requirements and their own
requirements. The EPA allows states to
impose their own regulatory
requirements that are more stringent
than EPA’s, under Section 3009 of
RCRA. These more stringent
requirements may include a provision
that prohibits a federally issued
exclusion from taking effect in the state.
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As noted in the proposed rule preamble,
the Washington State Department of
Ecology is expected to make a parallel
decision under their separate state
authority. The EPA also notes that if
Sandvik transports the petitioned waste
to or manages the waste in any state
with delisting authorization or their
own state-only delisting requirements, it
must obtain a delisting from that state
before it can manage the waste as
nonhazardous in that state. The EPA
urges the petitioner to contact the state
regulatory authority in each state to or
through which it may wish to ship its
waste to establish the status of its wastes
under the state’s laws.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is exempt from review by
the Office of Management and Budget
because it is a rule of particular
applicability, not general applicability.
The action approves a delisting petition
under RCRA for the petitioned waste at
a particular facility.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is considered an
Executive Order 13771 deregulatory
action. This final rule provides
meaningful burden reduction by
allowing the petitioner to manage an
estimated annual quantity of 1,500
cubic yards of residual solids a year
under RCRA Subtitle D management
standards rather than the more stringent
RCRA Subtitle C standards. This action
will significantly reduce the costs
associated with the on-site management,
transportation and disposal of this waste
stream by shifting its management from
RCRA Subtitle C hazardous waste
management to RCRA Subtitle D
nonhazardous waste management.
C. Paperwork Reduction Act
This action 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 only applies to a particular
facility.
D. Regulatory Flexibility Act
Because this rule is of particular
applicability relating to a particular
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facility, it is not subject to the regulatory
flexibility provision of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
F. Unfunded Mandates Reform Act
This action does not contain any
unfunded mandate as described in the
Unfunded Mandates Reform Act (2
U.S.C. 1531–1538) and does not
significantly or uniquely affect small
governments. The action imposes no
new enforceable duty on any state,
local, or tribal governments or the
private sector.
G. Executive Order 13132: Federalism
This action 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.
H. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action applies only to
a particular facility on non-tribal land.
Thus, Executive Order 13175 does not
apply to this action.
I. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. The health and safety risks of
the petitioned waste were evaluated
using the EPA’s Delisting Risk
Assessment Software (DRAS), which
considers health and safety risks to
children. Use of the DRAS is described
in section III.E of the proposed delisting.
The technical support document and
the user’s guide for DRAS are available
at https://www.epa.gov/hw/hazardouswaste-delisting-risk-assessmentsoftware-dras.
J. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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K. National Technology Transfer and
Advancement Act
This action does not involve technical
standards as described by the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note).
L. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations, and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
The EPA has determined that this action
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 EPA’s risk
assessment, as described in section III.E
in the proposed delisting, did not
identify unacceptable risks from
management of this material in an
authorized or permitted RCRA Subtitle
D solid waste landfill (e.g. municipal
solid waste landfill or commercial/
industrial solid waste landfill).
Therefore, the 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.
M. Congressional Review Act
This action is exempt from the
Congressional Review Act (5 U.S.C. 801
et seq.) because it is a rule of particular
applicability.
List of Subjects in 40 CFR Part 261
Environmental protection; Hazardous
waste, Recycling, and Reporting and
recordkeeping requirements.
Dated: December 6, 2018.
Lisa McArthur,
Acting Director, Office of Air and Waste.
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:
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Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
2. Amend Table 1 of appendix IX to
part 261 by adding the waste stream
entry ‘‘Sandvik Special Metals’’ in
alphabetical order by facility to read as
follows:
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Appendix IX to Part 261—Wastes
Excluded Under §§ 260.20 and 260.22
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Facility
Address
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Sandvik Special Metals.
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Waste description
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Kennewick,
Washington.
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Wastewater treatment sludges, F006, generated at Sandvik Special Metals (Sandvik) facility in Kennewick,
Washington at a maximum annual rate of 1,500 cubic yards per calendar year. The sludge must be disposed
of in a landfill which is licensed, permitted, or otherwise authorized by a state to manage municipal solid
waste subject to 40 CFR part 258, or non-municipal, non-hazardous industrial waste subject to 40 CFR
257.5 through 257.30. The exclusion becomes effective as of December 14, 2018.
1. Delisting Levels: (A) The constituent concentrations in a representative sample of the waste must not exceed the following levels: Total concentrations (mg/kg): Arsenic¥9,840; Cadmium¥37,100; Chromium¥77,500; Cobalt¥103,000. TCLP Concentrations (mg/l in the waste extract): Arsenic¥0.042; Barium¥100; Cadmium¥0.451; Chromium¥5.00; Cobalt¥1.06; Copper¥120; Fluoride¥194; Lead¥2.95;
Nickel¥66.4; Silver¥5.00; Vanadium¥16.9; Zinc¥992. (B) Sandvik must also demonstrate that the waste
does not exhibit any hazardous waste characteristic in 40 CFR 261, Subpart C based on a representative
sample of the waste.
2. Annual Verification Testing and Disposal: To verify that the waste does not exceed the delisting concentrations specified in Sections 1.A and I.B, Sandvik must collect and analyze one representative waste sample
with coolant on an annual basis no later than each anniversary of the effective date of this delisting using
methods with appropriate detection concentrations and elements of quality control. If both titanium and zirconium products have been in production and contributed to candidate wastes within the three-month period
prior to each anniversary of the effective date of this delisting, samples of waste from both manufacturing
processes must be collected for that verification period. Otherwise, sampling only of that material in production within the specified three-month period is required. Sampling and analytical data must be provided to the
EPA, with a copy to the Washington State Department of Ecology, no later 60 days following each anniversary of the effective date of this delisting, or such later date as the EPA may agree to in writing. Sandvik
must conduct all verification sampling and analysis according to a written sampling and analysis plan and associated quality assurance project plan that ensures analytical data are suitable for their intended use, which
must be made available to the EPA upon request. Sandvik’s annual submission must also include a certification that all wastes satisfying the delisting concentrations in Conditions 1.A and 1.B have been disposed of
in a landfill which is licensed, permitted, or otherwise authorized by a state to manage municipal solid waste
subject to 40 CFR part 258, or non-municipal, non-hazardous industrial waste subject to 40 CFR 257.5
through 257.30.
3. Changes in Operating Conditions: Sandvik must notify the EPA in writing if it significantly changes the manufacturing process, the chemicals used in the manufacturing process, the treatment process, or the chemicals
used in the treatment process. Sandvik must handle wastes generated after the process change as hazardous waste until it has demonstrated that the wastes continue to meet the delisting concentrations in sections 1.A and B, demonstrated that no new hazardous constituents listed in 40 CFR Part 261 Appendix VIII
have been introduced into the manufacturing process or waste treatment process, and it has received written
approval from the EPA that it may continue to manage the waste as non-hazardous waste.
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TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
4. Data Submittals: Sandvik must submit the data obtained through verification testing or as required by other
conditions of this rule to the Director, Office of Air and Waste, U.S. EPA Region 10, 1200 6th Avenue Suite
155, OAW–150, Seattle, Washington, 98070 or his or her equivalent. The annual verification data and certification of proper disposal must be submitted within 60 days after each anniversary of the effective date of
this delisting exclusion, or such later date as the EPA may agree to in writing. Sandvik must compile, summarize, and maintain on-site for a minimum of five years, records of analytical data required by this rule, and
operating conditions relevant to those data. Sandvik must make these records available for inspection. All
data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). If
Sandvik fails to submit the required data within the specified time or maintain the required records on-site for
the specified time, the EPA may, at its discretion, consider such failure a sufficient basis to reopen the exclusion as described in paragraph 5.
5. Reopener Language—(A) If, any time after disposal of the delisted waste, Sandvik possesses or is otherwise made aware of any data relevant to the delisted waste indicating that any constituent is at a higher concentration than the specified delisting concentration or exhibits any of the characteristics of hazardous waste
in 40 CFR part 261 Subpart C, then Sandvik must report such data, in writing, to the Director, Office of Air
and Waste, EPA, Region 10, or his or her equivalent, within 10 days of first possessing or being made
aware of that data, whichever is earlier.
(B) Based on the information described in paragraph (A) and any other information received from any source,
the EPA 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 EPA determines that the reported information requires it to act, the EPA will notify Sandvik in writing
of the actions it believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing Sandvik with an opportunity to present
information as to why the proposed EPA action is not necessary or to suggest an alternative action. Sandvik
shall have 30 days from the date of the EPA’s notice to present the information.
(D) If after 30 days Sandvik presents no further information or after a review of any submitted information, the
EPA will issue a final written determination describing the EPA actions that are necessary to protect human
health or the environment. Any required action described in the EPA’s determination shall become effective
immediately unless the EPA provides otherwise.
*
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[FR Doc. 2018–27156 Filed 12–13–18; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180207141–8999–02]
*
62281, in the issue of Monday,
December 3, 2018, make the following
correction:
On page 62280, in the first column,
instruction 11 should read, ‘‘11. In
§ 660.333, revise paragraphs (b)(1),
(c)(1), and (d)(1) to read as follows:’’.
[FR Doc. C1–2018–26194 Filed 12–13–18; 8:45 am]
RIN 0648–BH74
BILLING CODE 1300–01–D
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Groundfish Bottom Trawl and
Midwater Trawl Gear in the Trawl
Rationalization Program
Correction
amozie on DSK3GDR082PROD with RULES
In rule document 2018–26194,
appearing on pages 62269 through
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]]>Agencies
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64289-64293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27156]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R10-RCRA-2018-0538; FRL-9987-68-Region 10]
Hazardous Waste Management System; Identifying and Listing
Hazardous Waste Exclusion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) (also, ``the
Agency'' in this preamble) is granting a petition submitted by Sandvik
Special Metals (Sandvik), in Kennewick, Washington to exclude (or
``delist'') up to 1,500 cubic yards of F006 wastewater treatment sludge
per year from the list of Federal hazardous wastes. The EPA has decided
to grant the petition based on an evaluation of waste-specific
information provided by Sandvik and a consideration of public comments
received. This action conditionally excludes the petitioned waste from
the requirements of hazardous waste regulations under the Resource
Conservation and Recovery Act (RCRA) when disposed of in a Subtitle D
landfill permitted, licensed, or registered by a State. The rule also
imposes testing conditions for waste generated in the future to ensure
that this waste continues to qualify for delisting. Subject to state-
only requirements within the State of Washington, or federally-
authorized or state-only requirements in other states where the subject
wastes may be disposed of, Sandvik's petitioned waste may be disposed
of in a Subtitle D landfill which is permitted, licensed, or registered
by a State to manage municipal solid waste, or non-municipal non-
hazardous waste.
DATES: This final rule is effective on December 14, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. [EPA-R10-RCRA-2018-0538]. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through www.regulations.gov or in hard copy at
the RCRA Records Center, 16th floor, U.S. EPA, Region 10, 1200 6th
Avenue, Suite 155, OAW-150, Seattle, Washington 98101. This facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The EPA recommends you telephone Dr. David Bartus at (206)
553-2804 before visiting the Region 10 office. The public may copy
material from the regulatory docket at 15 cents per page.
FOR FURTHER INFORMATION CONTACT: Dr. David Bartus, EPA, Region 10, 1200
6th Avenue, Suite 155, OAW-150, Seattle, Washington 98070; telephone
number: (206) 553-2804; email address: [email protected].
As discussed in Section V below, the Washington State Department of
Ecology is evaluating Sandvik's petition under state authority.
Information on Ecology's action may be found at https://fortress.wa.gov/ecy/publications/SummaryPages/1804023.html.
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:
I. Background
A. What is a delisting petition?
B. What regulations allow a waste to be delisted?
II. Sandvik's Petition
A. What waste did Sandvik petition EPA to delist?
B. What information was submitted in support of this petition?
III. EPA's Evaluation and Public Comments
A. What decision is EPA finalizing and why?
B. Public Comments Received and EPA's Response
IV. Final Rule
A. What are the terms of this exclusion?
B. When is the Delisting Effective?
C. How does this action affect the states?
V. Statutory and Executive Order Reviews
I. Background
A. What is a delisting petition?
A delisting petition is a request from a generator to exclude waste
from the list of hazardous wastes under RCRA regulations. In a
delisting petition, the petitioner must show that waste generated at a
particular facility does not meet any of the criteria for which EPA
listed the waste as set forth in 40 CFR 261.11 and the background
document for the waste. In addition, a petitioner must demonstrate that
the waste does not exhibit any of the hazardous waste characteristics
(that is, ignitability, reactivity, corrosivity, and toxicity) and must
present sufficient information for us to decide whether factors other
than those for which the waste was listed warrant retaining it as a
hazardous waste. See 40 CFR 260.22, Section 3001(f) of RCRA, 42 U.S.C.
6921(f) and the background documents for a listed waste.
A generator of a waste excluded from the hazardous waste lists of
40 CFR part 261 subpart D remains obligated under RCRA to confirm that
its waste remains nonhazardous based on the hazardous waste
characteristics in order to continue to manage the waste as non-
hazardous. See 40 CFR 260.22(c)(4).
B. What regulations allow a waste to be delisted?
Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), facilities may
petition the EPA to remove their wastes from hazardous waste storage
and treatment requirements by excluding them from the lists of
hazardous wastes contained in 40 CFR 261.31 and 261.32. Specifically,
40 CFR 260.20 allows any
[[Page 64290]]
person to petition the Administrator to modify or revoke any provision
of 40 CFR parts 260 through 266, 268, and 27340 CFR 260.22 provides a
generator the opportunity to petition the Administrator to exclude a
waste from the lists of hazardous wastes on a ``generator specific''
basis.
II. Sandvik's Petition
A. What waste did Sandvik petition EPA to delist?
On April 27, 2018, Sandvik petitioned the EPA to exclude an annual
volume of up to 1,500 cubic yards of F006 wastewater treatment sludges
generated at its facility located in Kennewick, Washington from the
list of hazardous wastes contained in 40 CFR 261.31. F006 is defined in
40 CFR 261.31 as ``Wastewater treatment sludges from electroplating
operations . . .'' Sandvik claims that the petitioned waste does not
meet the criteria for which F006 was listed (i.e., cadmium, hexavalent
chromium, nickel and complexed cyanide) and that there are no other
factors which would cause the waste to be a hazardous waste.
B. What information was submitted in support of this petition?
Sandvik conducted a detailed chemical analysis of their WWTF sludge
according to a written sampling and analysis plan (SAP), provided as
Attachment 2 to the delisting petition. Sandvik also asserted in its
analysis that its waste does not meet the criteria for which F006 waste
was listed and there are no other factors that might cause the waste to
be a hazardous waste.
To support its assertion that the waste should be excluded, Sandvik
collected numerous samples of the waste for analysis as documented in
the preamble to the EPA's proposed delisting rulemaking. The EPA
assessed Sandvik's data presented in the petition with respect to its
intended use, and found the data were of sufficient quality and
quantity to satisfy delisting decision criteria.
III. EPA's Evaluation and Public Comments
A. What decision is EPA finalizing and why?
Today the EPA is finalizing an exclusion for up to 1,500 cubic
yards of wastewater treatment sludge generated annually at the Sandvik
facility in Kennewick, Washington. Sandvik petitioned EPA to exclude,
or delist, the wastewater treatment sludge because Sandvik believed
that the petitioned waste does not meet the criteria for which it was
listed and that there are no additional constituents or factors which
could cause the waste to be a hazardous waste. Review of this petition
included consideration of the original listing criteria, as well as the
additional factors required by the Hazardous and Solid Waste Amendments
of 1984 (HSWA). See 42 U.S.C. 6921(f), and 40 CFR 260.22(d)(2) through
(4).
The EPA proposed on September 12, 2018 (83 FR 46126) to exclude or
delist the wastewater treatment sludge generated at Sandvik's facility
from the list of hazardous wastes in 40 CFR 261.31 and accepted public
comment on the proposed rulemaking. The EPA considered all comments
received, and for reasons stated in both the proposal and this
document, has determined that the wastewater treatment sludge from
Sandvik's facility should be excluded from hazardous waste control.
B. Public Comments Received and EPA's Response
The EPA received six public comments on the proposed rulemaking.
Three of these comments supported the EPA's proposed exclusion
(comments 0020, 0021 and 0023). Comment 0020 did raise a concern
regarding the effect of the proposed delisting on residents of
Kennewick. The EPA appreciates this concern, noting that the analysis
supporting the proposed exclusion clearly documents that management of
Sandvik's waste under the exclusion will be fully protective of
residents both Kennewick, Washington and any solid waste landfill that
may receive Sandvik's delisted waste. Comment 21 suggested that annual
verification sampling and analysis could be done more frequently. Based
on documentation provided by Sandvik regarding the highly-regulated
nature of Sandvik's production process that is expected to result in
the petitioned waste to remain largely consistent over time, the EPA
does not believe that a requirement to perform verification sampling
and analysis more frequently than annually is warranted.
One commenter (comment 0022) raised questions concerning glass
recycling not relevant to the proposed exclusion.
Two comments recommended that the EPA perform additional analysis
before finalizing the proposed exclusion. Comment 0019 stated that more
research is needed regarding the effects of arsenic groundwater
contamination, and on the direction of groundwater from the receiving
landfill. This commenter also requested that the sludge be tested for
the characteristics of ignitability, reactivity and corrosivity.
Sandvik used the Delisting Risk Assessment Software (DRAS) model to
develop and document compliance with delisting criteria on a
constituent-specific basis, including arsenic. The DRAS model reflects
established science and policy regarding multipath analysis including
groundwater. The results of this modeling indicate to the EPA that no
additional research is needed prior to finalization of the requested
exclusion. Regarding the commenter's question regarding the direction
of groundwater flow from the receiving landfill, EPA does not exercise
direct control over a receiving landfill through the delisting process.
Rather, the EPA specifies as a condition of this delisting that the
receiving landfill be licensed, permitted, or otherwise authorized by a
state as a municipal solid waste landfill subject to 40 CFR part 258,
or non-municipal, non-hazardous industrial waste landfill subject to 40
CFR 257.5 through 257.30. The EPA has added clarifying language to this
effect in Condition 2 of this exclusion. This ensures that questions
such as the direction of groundwater flow and appropriate groundwater
monitoring of the receiving landfill are appropriately considered
through state approval of the receiving landfill. The EPA has
determined that this approach is fully protective of human health and
the environment with respect to the receiving landfill's acceptance of
wastes excluded under today's action. Finally, Federal delisting
regulations clearly state that candidate wastes cannot exhibit a
hazardous characteristic. Sandvik's petition documents compliance with
this requirement based on data characterizing the waste as of the date
of Sandvik's petition, and conditions of the final exclusion ensure
future compliance with this requirement.
Comment 24 stated that the proposed rule should not go into effect
without an independent evaluation of the waste water sought to be
excluded, and that it is inappropriate to rely on the evaluation of the
petitioner alone. The EPA has performed an extensive and detailed
review of Sandvik's petition, providing exactly the independent
analysis requested by the commenter. The EPA does not believe further
independent analysis of Sandvik's petition is necessary or warranted.
The EPA also received comments from the Washington State Department
of Ecology. In addition to editorial and clarification suggestions,
Ecology requested more specific language regarding the scope of solid
waste landfills eligible to receive wastes managed under this
exclusion, and requested a condition be added requiring Sandvik to
provide Ecology
[[Page 64291]]
with a copy of verification data generated pursuant to this exclusion.
The EPA has included revised language that better defines those solid
waste landfills eligible to receive wastes managed under this
exclusion, and that requires Sandvik to provide Ecology with a copy of
verification data.
IV. Final Rule
A. What are the terms of this exclusion?
Sandvik must dispose of this waste in a subtitle D landfill
licensed, permitted or otherwise authorized by a state, and will remain
obligated to verify that the waste meets the allowable concentrations
set forth here. Sandvik must also continue to determine that the waste
does not exhibit any of the characteristics of hazardous waste in 40
CFR part 261 subpart C. This exclusion applies only to a maximum annual
volume of 1,500 cubic yards per calendar year and is effective only if
all conditions contained in this rule are satisfied. Should Sandvik
generate candidate wastes in excess of this quantity, they must be
managed as hazardous waste. Sandvik may not apply such excess amount to
the 1500 cubic yard limit of the following year.
B. When is the delisting effective?
This rule is effective December 14, 2018. The Hazardous and Solid
Waste Amendments of 1984 amended section 3010 of RCRA, 42 U.S.C.
6930(b)(1), to allow rules to become effective in less than six months
when the regulated community does not need the six-month period to come
into compliance. This rule reduces rather than increases the existing
requirements and, therefore, is effective immediately upon publication
under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(d).
C. How does this action affect the States?
Today's exclusion is being issued under the Federal RCRA delisting
program. Therefore, only states subject to Federal RCRA delisting
provisions would be affected. This exclusion is not effective in states
that have received authorization to make their own delisting decisions.
Also, the exclusion may not be effective in states having a dual system
that includes Federal RCRA requirements and their own requirements. The
EPA allows states to impose their own regulatory requirements that are
more stringent than EPA's, under Section 3009 of RCRA. These more
stringent requirements may include a provision that prohibits a
federally issued exclusion from taking effect in the state. As noted in
the proposed rule preamble, the Washington State Department of Ecology
is expected to make a parallel decision under their separate state
authority. The EPA also notes that if Sandvik transports the petitioned
waste to or manages the waste in any state with delisting authorization
or their own state-only delisting requirements, it must obtain a
delisting from that state before it can manage the waste as
nonhazardous in that state. The EPA urges the petitioner to contact the
state regulatory authority in each state to or through which it may
wish to ship its waste to establish the status of its wastes under the
state's laws.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by the Office of Management and
Budget because it is a rule of particular applicability, not general
applicability. The action approves a delisting petition under RCRA for
the petitioned waste at a particular facility.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is considered an Executive Order 13771 deregulatory
action. This final rule provides meaningful burden reduction by
allowing the petitioner to manage an estimated annual quantity of 1,500
cubic yards of residual solids a year under RCRA Subtitle D management
standards rather than the more stringent RCRA Subtitle C standards.
This action will significantly reduce the costs associated with the on-
site management, transportation and disposal of this waste stream by
shifting its management from RCRA Subtitle C hazardous waste management
to RCRA Subtitle D nonhazardous waste management.
C. Paperwork Reduction Act
This action 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 only applies to a particular facility.
D. Regulatory Flexibility Act
Because this rule is of particular applicability relating to a
particular facility, it is not subject to the regulatory flexibility
provision of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
F. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538) and does not
significantly or uniquely affect small governments. The action imposes
no new enforceable duty on any state, local, or tribal governments or
the private sector.
G. Executive Order 13132: Federalism
This action 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.
H. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action applies only to a particular
facility on non-tribal land. Thus, Executive Order 13175 does not apply
to this action.
I. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The health and safety risks of the petitioned waste were
evaluated using the EPA's Delisting Risk Assessment Software (DRAS),
which considers health and safety risks to children. Use of the DRAS is
described in section III.E of the proposed delisting. The technical
support document and the user's guide for DRAS are available at https://www.epa.gov/hw/hazardous-waste-delisting-risk-assessment-software-dras.
J. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
[[Page 64292]]
K. National Technology Transfer and Advancement Act
This action does not involve technical standards as described by
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note).
L. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
EPA has determined that this action 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 EPA's risk
assessment, as described in section III.E in the proposed delisting,
did not identify unacceptable risks from management of this material in
an authorized or permitted RCRA Subtitle D solid waste landfill (e.g.
municipal solid waste landfill or commercial/industrial solid waste
landfill). Therefore, the 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.
M. Congressional Review Act
This action is exempt from the Congressional Review Act (5 U.S.C.
801 et seq.) because it is a rule of particular applicability.
List of Subjects in 40 CFR Part 261
Environmental protection; Hazardous waste, Recycling, and Reporting
and recordkeeping requirements.
Dated: December 6, 2018.
Lisa McArthur,
Acting Director, Office of Air and Waste.
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. Amend Table 1 of appendix IX to part 261 by adding the waste stream
entry ``Sandvik Special Metals'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Sandvik Special Metals............... Kennewick, Washington.. Wastewater treatment sludges, F006, generated at
Sandvik Special Metals (Sandvik) facility in
Kennewick, Washington at a maximum annual rate
of 1,500 cubic yards per calendar year. The
sludge must be disposed of in a landfill which
is licensed, permitted, or otherwise authorized
by a state to manage municipal solid waste
subject to 40 CFR part 258, or non-municipal,
non-hazardous industrial waste subject to 40
CFR 257.5 through 257.30. The exclusion becomes
effective as of December 14, 2018.
1. Delisting Levels: (A) The constituent
concentrations in a representative sample of
the waste must not exceed the following levels:
Total concentrations (mg/kg): Arsenic-9,840;
Cadmium-37,100; Chromium-77,500; Cobalt-
103,000. TCLP Concentrations (mg/l in the waste
extract): Arsenic-0.042; Barium-100; Cadmium-
0.451; Chromium-5.00; Cobalt-1.06; Copper-120;
Fluoride-194; Lead-2.95; Nickel-66.4; Silver-
5.00; Vanadium-16.9; Zinc-992. (B) Sandvik must
also demonstrate that the waste does not
exhibit any hazardous waste characteristic in
40 CFR 261, Subpart C based on a representative
sample of the waste.
2. Annual Verification Testing and Disposal: To
verify that the waste does not exceed the
delisting concentrations specified in Sections
1.A and I.B, Sandvik must collect and analyze
one representative waste sample with coolant on
an annual basis no later than each anniversary
of the effective date of this delisting using
methods with appropriate detection
concentrations and elements of quality control.
If both titanium and zirconium products have
been in production and contributed to candidate
wastes within the three-month period prior to
each anniversary of the effective date of this
delisting, samples of waste from both
manufacturing processes must be collected for
that verification period. Otherwise, sampling
only of that material in production within the
specified three-month period is required.
Sampling and analytical data must be provided
to the EPA, with a copy to the Washington State
Department of Ecology, no later 60 days
following each anniversary of the effective
date of this delisting, or such later date as
the EPA may agree to in writing. Sandvik must
conduct all verification sampling and analysis
according to a written sampling and analysis
plan and associated quality assurance project
plan that ensures analytical data are suitable
for their intended use, which must be made
available to the EPA upon request. Sandvik's
annual submission must also include a
certification that all wastes satisfying the
delisting concentrations in Conditions 1.A and
1.B have been disposed of in a landfill which
is licensed, permitted, or otherwise authorized
by a state to manage municipal solid waste
subject to 40 CFR part 258, or non-municipal,
non-hazardous industrial waste subject to 40
CFR 257.5 through 257.30.
3. Changes in Operating Conditions: Sandvik must
notify the EPA in writing if it significantly
changes the manufacturing process, the
chemicals used in the manufacturing process,
the treatment process, or the chemicals used in
the treatment process. Sandvik must handle
wastes generated after the process change as
hazardous waste until it has demonstrated that
the wastes continue to meet the delisting
concentrations in sections 1.A and B,
demonstrated that no new hazardous constituents
listed in 40 CFR Part 261 Appendix VIII have
been introduced into the manufacturing process
or waste treatment process, and it has received
written approval from the EPA that it may
continue to manage the waste as non-hazardous
waste.
[[Page 64293]]
4. Data Submittals: Sandvik must submit the data
obtained through verification testing or as
required by other conditions of this rule to
the Director, Office of Air and Waste, U.S. EPA
Region 10, 1200 6th Avenue Suite 155, OAW-150,
Seattle, Washington, 98070 or his or her
equivalent. The annual verification data and
certification of proper disposal must be
submitted within 60 days after each anniversary
of the effective date of this delisting
exclusion, or such later date as the EPA may
agree to in writing. Sandvik must compile,
summarize, and maintain on-site for a minimum
of five years, records of analytical data
required by this rule, and operating conditions
relevant to those data. Sandvik must make these
records available for inspection. All data must
be accompanied by a signed copy of the
certification statement in 40 CFR
260.22(i)(12). If Sandvik fails to submit the
required data within the specified time or
maintain the required records on-site for the
specified time, the EPA may, at its discretion,
consider such failure a sufficient basis to
reopen the exclusion as described in paragraph
5.
5. Reopener Language--(A) If, any time after
disposal of the delisted waste, Sandvik
possesses or is otherwise made aware of any
data relevant to the delisted waste indicating
that any constituent is at a higher
concentration than the specified delisting
concentration or exhibits any of the
characteristics of hazardous waste in 40 CFR
part 261 Subpart C, then Sandvik must report
such data, in writing, to the Director, Office
of Air and Waste, EPA, Region 10, or his or her
equivalent, within 10 days of first possessing
or being made aware of that data, whichever is
earlier.
(B) Based on the information described in
paragraph (A) and any other information
received from any source, the EPA 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 EPA determines that the reported
information requires it to act, the EPA will
notify Sandvik in writing of the actions it
believes are necessary to protect human health
and the environment. The notice shall include a
statement of the proposed action and a
statement providing Sandvik with an opportunity
to present information as to why the proposed
EPA action is not necessary or to suggest an
alternative action. Sandvik shall have 30 days
from the date of the EPA's notice to present
the information.
(D) If after 30 days Sandvik presents no further
information or after a review of any submitted
information, the EPA will issue a final written
determination describing the EPA actions that
are necessary to protect human health or the
environment. Any required action described in
the EPA's determination shall become effective
immediately unless the EPA provides otherwise.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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[FR Doc. 2018-27156 Filed 12-13-18; 8:45 am]
BILLING CODE 6560-50-P
