Hazardous Waste Management System; Identification and Listing of Hazardous Waste, 48511-48514 [2024-12496]
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Federal Register / Vol. 89, No. 111 / Friday, June 7, 2024 / Rules and Regulations
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Dated: June 4, 2024.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Acting
Captain of the Port Lake Michigan.
[FR Doc. 2024–12641 Filed 6–6–24; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R06–RCRA–2024; FRL–11997–01–R6]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste
Environmental Protection
Agency (EPA).
ACTION: Final rule; amendment.
■
AGENCY:
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
SUMMARY:
2. Add § 165.T09–0256 to read as
follows:
■
§ 165.T09–0256 Safety Zone; Ludington
Harbor, Ludington, MI.
ddrumheller on DSK120RN23PROD with RULES1
safety zone during the marine event
must contact the COTP or an on-scene
representative to obtain permission to
do so. The COTP or an on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP or
an on-scene representative.
(a) Location. The following area is a
safety zone: All for navigable waters
within a triangle radius of position
43°57.213 N, 086°28.336 W to 43°57.177
N, 086°27.808 W to 43°57.558 N,
086°27.730 W then back to the starting
point in Ludington, MI.
(b) Enforcement period. The safety
zone described in paragraph (a) of this
section is effective on June 8, 2024, from
9 p.m. through 11 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan (COTP) or a designated
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) The ‘‘designated representative’’ of
the COTP is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Persons and vessel operators
desiring to enter or operate within the
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The Environmental Protection
Agency (EPA) is amending an exclusion
for Shell Oil Company, Deer Park, Texas
facility to reflect changes in ownership
and name.
DATES: This rule is effective June 7,
2024.
FOR FURTHER INFORMATION CONTACT:
Eshala Dixon, RCRA Permits & Solid
Waste Section (LCR–RP), Land,
Chemicals and Redevelopment Division,
EPA Region 6, 1201 Elm Street, Suite
500, Dallas, TX 75270, phone number:
214–665–6592; email address:
dixon.eshala@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. This action documents the
transfer of ownership and name change
by updating appendix IX to incorporate
the change in owner’s name for the
Shell Oil Company, Deer Park, TX
facility for the exclusion from hazardous
waste regulations for the Multi-source
(F039) landfill leachate. The exclusion
or ‘‘delisting’’ was granted to Shell Oil
Company on August 23, 2005 (see 70 FR
49187). The EPA has been notified that
the transfer of ownership of the Shell
Oil Company, Deer Park, TX facility to
Deer Park Refining Limited Partnership
(DPRLP) occurred on March 20, 2022.
DPLRP has certified that it plans to
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48511
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
Deer Park, TX facility. This action
documents the change by updating
appendix IX to incorporate a change in
name.
The changes to appendix IX to part
261 are effective June 7, 2024. 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.) 553(d). The EPA has
determined that having a proposed
rulemaking and public comment on this
change is unnecessary, as it involves
only a change in company ownership,
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.
Dated: May 29, 2024.
Melissa Smith,
Acting Director, Land, Chemicals and
Redevelopment Division, Region 6.
For the reasons set out in the
preamble, 40 CFR part 261 is amended
as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y) and 6938.
2. Amend table 1 of Appendix IX to
part 261 by removing the second entry
for ‘‘Shell Oil Company’’ ‘‘Deer Park,
TX’’ and adding an entry for ‘‘Deer Park
Refining Limited Partnership (DPRLP)’’
in alphabetical order by facility to read
as follows:
■
Appendix IX to Part 261—Waste
Excluded Under §§ 260.20 and 260.22
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Federal Register / Vol. 89, No. 111 / Friday, June 7, 2024 / Rules and Regulations
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
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Facility
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Deer Park Refining Limited
Partnership (DPRLP).
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Address
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Waste description
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Deer Park, TX ..... Multi-source landfill leachate (EPA Hazardous Waste No. F039) generated at a maximum
annual rate of 3.36 million gallons (16,619 cu. yards) per calendar year after August 23,
2005 and disposed in accordance with the TPDES permit.
The delisting levels set do not relieve DPRLP of its duty to comply with the limits set in its
TPDES permit. For the exclusion to be valid, DPRLP must implement a verification testing program that meets the following paragraphs:
(1) Delisting Levels: All total concentrations for those constituents must not exceed the following levels (mg/l). The petitioner must analyze the aqueous waste on a total basis to
measure constituents in the multi-source landfill leachate.
Multi-source landfill leachate (i) Inorganic Constituents Antimony-0.0204; Arsenic-0.385;
Barium-2.92; Copper-418.00; Chromium-5.0; Cobalt-2.25; Nickel-1.13; Selenium-0.0863;
Thallium-0.005; Vanadium-0.838
(ii) Organic Constituents Acetone-1.46; Acetophenone-1.58; Benzene-0.0222; p-Cresol0.0788; Bis(2-ethylhexyl)phthlate-15800.00; Dichloroethane, 1,2–0.0803; Ethylbenzene4.51; Fluorene-1.87; Napthalene-1.05; Phenol-9.46; Phenanthrene-1.36; Pyridine-0.0146;
2,3,7,8-TCDD equivalents as TEQ–0.0000926; Toluene-4.43; Trichloropropane0.000574; Xylenes (total)-97.60
(2) Waste Management:
(A) DPRLP must manage as hazardous all multi-source landfill leachate generated, until it
has completed initial verification testing described in paragraph (3)(A) and (B), as appropriate, and valid analyses show that paragraph (1) is satisfied.
(B) Levels of constituents measured in the samples of the multi-source landfill leachate
that do not exceed the levels set forth in paragraph (1) are non-hazardous. DPRLP can
manage and dispose of the non-hazardous multi-source landfill leachate according to all
applicable solid waste regulations.
(C) If constituent levels in a sample exceed any of the delisting levels set in paragraph (1),
DPRLP can collect one additional sample and perform expedited analyses to verify if the
constituent exceeds the delisting level. If this sample confirms the exceedance, DPRLP
must, from that point forward, treat the waste as hazardous until it is demonstrated that
the waste again meets the levels in paragraph (1).
(D) If the facility has not treated the waste, DPRLP must manage and dispose of the waste
generated under Subtitle C of RCRA from the time that it becomes aware of any exceedance
(E) Upon completion of the Verification Testing described in paragraph 3(A) and (B) as appropriate and the transmittal of the results to EPA, and if the testing results meet the requirements of paragraph (1), DPRLP may proceed to manage its multi-source landfill
leachate as non-hazardous waste. If Subsequent Verification Testing indicates an exceedance of the delisting levels in paragraph (1), DPRLP must manage the multi-source
landfill leachate as a hazardous waste until two consecutive quarterly testing samples
show levels below the delisting levels in Table I.
(3) Verification Testing Requirements: DPRLP must perform sample collection and analyses, including quality control procedures, using 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 used must meet Performance Based Measurement System Criteria in which the Data Quality Objectives demonstrate that representative samples of the DPRLP multi-source landfill leachate are collected and meet the
delisting levels in paragraph (1).
(A) Initial Verification Testing: After EPA grants the final exclusion, DPRLP must do the following:
(i) Within 60 days of this exclusions becoming final, collect four samples, before disposal,
of the multi-source landfill leachate.
(ii) The samples are to be analyzed and compared against the delisting levels in paragraph
(1).
(iii) Within sixty (60) days after this exclusion becomes final, DPRLP will report initial
verification analytical test data for the multi-source landfill leachate, including analytical
quality control information for the first thirty (30) days of operation after this exclusion becomes final. If levels of constituents measured in the samples of the multi-source landfill
leachate that do not exceed the levels set forth in paragraph (1) are also non-hazardous
in two consecutive quarters after the first thirty (30) days of operation after this exclusion
become effective, DPRLP can manage and dispose of the multi-source landfill leachate
according to all applicable solid waste regulations.
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48513
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
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Facility
(B) Subsequent Verification Testing: Following written notification by EPA, DPRLP may
substitute the testing conditions in (3)(B) for (3)(A). DPRLP must continue to monitor operating conditions, and analyze one representative sample of the multi-source landfill
leachate for each quarter of operation during the first year of waste generation. The
sample must represent the waste generated during the quarter. After the first year of analytical sampling verification sampling can be performed on a single annual sample of
the multi-source landfill leachate. The results are to be compared to the delisting levels
in paragraph (1).
(C) Termination of Testing:
(i) After the first year of quarterly testing, if the delisting levels in paragraph (1) are being
met, DPRLP may then request that EPA not require quarterly testing. After EPA notifies
DPRLP in writing, the company may end quarterly testing.
(ii) Following cancellation of the quarterly testing, DPRLP must continue to test a representative sample for all constituents listed in paragraph (1) annually.
(4) Changes in Operating Conditions: If DPRLP significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or
could significantly affect the composition or type of waste generated as established
under paragraph (1) (by illustration, but not limitation, changes in equipment or operating
conditions of the treatment process), it must notify EPA in writing; it may no longer handle the wastes generated from the new process as nonhazardous until the wastes meet
the delisting levels set in paragraph (1) and it has received written approval to do so
from EPA.
(5) Data Submittals: DPRLP must submit the information described below. If DPRLP fails
to submit the required data within the specified time or maintain the required records onsite for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in paragraph 6. DPRLP must:
(A) Submit the data obtained through paragraph 3 to the Section Supervisor, RCRA Corrective Action, UST, Solid Waste and Permit Branch, EPA Region 6, 1201 Elm Street,
Suite 500, Dallas, Texas 75270, Mail Code, (6LCR–RC) within the time specified.
(B) Compile records of operating conditions and analytical data from paragraph (3), summarized, and maintained on-site for a minimum of five years.
(C) Furnish these records and data when EPA or the state of Texas request them for inspection.
(D) Send along with all data a signed copy of the following certification statement, to attest
to the truth and accuracy of the data submitted:
Under civil and criminal penalty of law for the making or submission of false or fraudulent
statements or representations (pursuant to the applicable provisions of the Federal
Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I
certify that the information contained in or accompanying this document is true, accurate
and complete.
As to the (those) identified section(s) of this document for which I cannot personally verify
its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification
that this information is true, accurate and complete.
If any of this information is determined by EPA in its sole discretion to be false, inaccurate
or incomplete, and upon conveyance of this fact to the company, I recognize and agree
that this exclusion of waste will be void as if it never had effect or to the extent directed
by EPA and that the company will be liable for any actions taken in contravention of the
company’s RCRA and CERCLA obligations premised upon the company’s reliance on
the void exclusion.
(6) Reopener:
(A) If, anytime after disposal of the delisted waste, DPRLP possesses or is otherwise
made aware of any environmental data (including but not limited to leachate data or
groundwater monitoring data) or any other data relevant to the delisted waste indicating
that any constituent identified for the delisting verification testing is at a level higher than
the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data.
(B) If the annual testing of the waste does not meet the delisting requirements in paragraph 1, DPRLP must report the data, in writing, to the Division Director within 10 days
of first possessing or being made aware of that data.
(C) If DPRLP fails to submit the information described in paragraphs (5), (6)(A) or (6)(B) or
if any other information is received from any source, the Division Director will make a
preliminary determination as to whether the reported information requires EPA action to
protect human health and/or the environment. Further action may include suspending, or
revoking the exclusion, or other appropriate response necessary to protect human health
and the environment.
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Federal Register / Vol. 89, No. 111 / Friday, June 7, 2024 / Rules and Regulations
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
(D) If the Division Director determines that the reported information does require action, he
will notify the facility in writing of the actions the Division Director believes are necessary
to protect human health and the environment. The notice shall include a statement of
the proposed action and a statement providing the facility with an opportunity to present
information as to why the proposed action by EPA is not necessary. The facility shall
have 10 days from the date of the Division Director’s notice to present such information.
(E) Following the receipt of information from the facility described in paragraph (6)(D) or if
no information is presented under paragraph (6)(D), the Division Director will issue a
final written determination describing the actions that are necessary to protect human
health and/or the environment. Any required action described in the Division Director’s
determination shall become effective immediately, unless the Division Director provides
otherwise.
(7) Notification Requirements: DPRLP must do the following before transporting the
delisted waste. Failure to provide this notification will result in a violation of the delisting
petition and a possible revocation of the decision.
(A) Provide a one-time written notification to any state regulatory agency to which or
through which it will transport the delisted waste described above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written notification if it ships the delisted waste into a different disposal facility.
(C) Failure to provide this notification will result in a violation of the delisting exclusion and
a possible revocation of the decision.
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[FR Doc. 2024–12496 Filed 6–6–24; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 8 and 20
[WC Docket Nos. 23–320, 17–108; FCC 24–
52, FR ID 224122]
Safeguarding and Securing the Open
Internet; Restoring Internet Freedom;
Correction
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
The Federal Communications
Commission (FCC) is correcting an error
in the DATES section of a document that
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SUMMARY:
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was published in the Federal Register
on May 22, 2024.
DATES: This correction is effective June
7, 2024.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Chris
Laughlin, Wireline Competition Bureau,
at 202–418–2193.
SUPPLEMENTARY INFORMATION: The FCC
is correcting a compliance date in the
Declaratory Ruling, Report and Order,
Order, and Order on Reconsideration,
published as a final rule in the Federal
Register of May 22, 2024, at 89 FR
45404, for when China Mobile
International (USA) Inc., China Telecom
(Americas) Corporation, China Unicom
(Americas) Operations Limited, Pacific
Networks Corp., and ComNet (USA)
LLC, and their affiliates and subsidiaries
as defined pursuant to 47 CFR 2.903(c),
shall discontinue any and all provision
of broadband internet access service.
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Correction
Accordingly, in FR Doc. 2024–10674,
published in the Federal Register of
May 22, 2024 (89 FR 45404), on page
45404, in the first column, correct the
second paragraph of the DATES section
to read as follows:
‘‘As of September 20, 2024, China
Mobile International (USA) Inc., China
Telecom (Americas) Corporation, China
Unicom (Americas) Operations Limited,
Pacific Networks Corp., and ComNet
(USA) LLC, and their affiliates and
subsidiaries as defined pursuant to 47
CFR 2.903(c), shall discontinue any and
all provision of broadband internet
access service.’’
Marlene Dortch,
Secretary.
[FR Doc. 2024–12565 Filed 6–6–24; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Rules and Regulations]
[Pages 48511-48514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12496]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R06-RCRA-2024; FRL-11997-01-R6]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is amending an
exclusion for Shell Oil Company, Deer Park, Texas facility to reflect
changes in ownership and name.
DATES: This rule is effective June 7, 2024.
FOR FURTHER INFORMATION CONTACT: Eshala Dixon, RCRA Permits & Solid
Waste Section (LCR-RP), Land, Chemicals and Redevelopment Division, EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, TX 75270, phone number:
214-665-6592; email address: [email protected].
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. This action documents the transfer of ownership
and name change by updating appendix IX to incorporate the change in
owner's name for the Shell Oil Company, Deer Park, TX facility for the
exclusion from hazardous waste regulations for the Multi-source (F039)
landfill leachate. The exclusion or ``delisting'' was granted to Shell
Oil Company on August 23, 2005 (see 70 FR 49187). The EPA has been
notified that the transfer of ownership of the Shell Oil Company, Deer
Park, TX facility to Deer Park Refining Limited Partnership (DPRLP)
occurred on March 20, 2022. DPLRP 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 Deer Park, TX facility. This action documents the change by
updating appendix IX to incorporate a change in name.
The changes to appendix IX to part 261 are effective June 7, 2024.
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.) 553(d). The EPA has determined that having
a proposed rulemaking and public comment on this change is unnecessary,
as it involves only a change in company ownership, 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.
Dated: May 29, 2024.
Melissa Smith,
Acting Director, Land, Chemicals and Redevelopment Division, Region 6.
For the reasons set out in the preamble, 40 CFR part 261 is amended
as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and
6938.
0
2. Amend table 1 of Appendix IX to part 261 by removing the second
entry for ``Shell Oil Company'' ``Deer Park, TX'' and adding an entry
for ``Deer Park Refining Limited Partnership (DPRLP)'' in alphabetical
order by facility to read as follows:
Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and
260.22
[[Page 48512]]
Table 1--Wastes Excluded From Non-Specific Sources
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Facility Address.................... Waste description
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Deer Park Refining Limited Partnership Deer Park, TX.............. Multi-source landfill leachate (EPA
(DPRLP). Hazardous Waste No. F039) generated at a
maximum annual rate of 3.36 million
gallons (16,619 cu. yards) per calendar
year after August 23, 2005 and disposed
in accordance with the TPDES permit.
The delisting levels set do not relieve
DPRLP of its duty to comply with the
limits set in its TPDES permit. For the
exclusion to be valid, DPRLP must
implement a verification testing program
that meets the following paragraphs:
(1) Delisting Levels: All total
concentrations for those constituents
must not exceed the following levels (mg/
l). The petitioner must analyze the
aqueous waste on a total basis to
measure constituents in the multi-source
landfill leachate.
Multi-source landfill leachate (i)
Inorganic Constituents Antimony-0.0204;
Arsenic-0.385; Barium-2.92; Copper-
418.00; Chromium-5.0; Cobalt-2.25;
Nickel-1.13; Selenium-0.0863; Thallium-
0.005; Vanadium-0.838
(ii) Organic Constituents Acetone-1.46;
Acetophenone-1.58; Benzene-0.0222; p-
Cresol-0.0788; Bis(2-ethylhexyl)phthlate-
15800.00; Dichloroethane, 1,2-0.0803;
Ethylbenzene-4.51; Fluorene-1.87;
Napthalene-1.05; Phenol-9.46;
Phenanthrene-1.36; Pyridine-0.0146;
2,3,7,8-TCDD equivalents as TEQ-
0.0000926; Toluene-4.43;
Trichloropropane-0.000574; Xylenes
(total)-97.60
(2) Waste Management:
(A) DPRLP must manage as hazardous all
multi-source landfill leachate
generated, until it has completed
initial verification testing described
in paragraph (3)(A) and (B), as
appropriate, and valid analyses show
that paragraph (1) is satisfied.
(B) Levels of constituents measured in
the samples of the multi-source landfill
leachate that do not exceed the levels
set forth in paragraph (1) are non-
hazardous. DPRLP can manage and dispose
of the non-hazardous multi-source
landfill leachate according to all
applicable solid waste regulations.
(C) If constituent levels in a sample
exceed any of the delisting levels set
in paragraph (1), DPRLP can collect one
additional sample and perform expedited
analyses to verify if the constituent
exceeds the delisting level. If this
sample confirms the exceedance, DPRLP
must, from that point forward, treat the
waste as hazardous until it is
demonstrated that the waste again meets
the levels in paragraph (1).
(D) If the facility has not treated the
waste, DPRLP must manage and dispose of
the waste generated under Subtitle C of
RCRA from the time that it becomes aware
of any exceedance
(E) Upon completion of the Verification
Testing described in paragraph 3(A) and
(B) as appropriate and the transmittal
of the results to EPA, and if the
testing results meet the requirements of
paragraph (1), DPRLP may proceed to
manage its multi-source landfill
leachate as non-hazardous waste. If
Subsequent Verification Testing
indicates an exceedance of the delisting
levels in paragraph (1), DPRLP must
manage the multi-source landfill
leachate as a hazardous waste until two
consecutive quarterly testing samples
show levels below the delisting levels
in Table I.
(3) Verification Testing Requirements:
DPRLP must perform sample collection and
analyses, including quality control
procedures, using 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 used must meet
Performance Based Measurement System
Criteria in which the Data Quality
Objectives demonstrate that
representative samples of the DPRLP
multi-source landfill leachate are
collected and meet the delisting levels
in paragraph (1).
(A) Initial Verification Testing: After
EPA grants the final exclusion, DPRLP
must do the following:
(i) Within 60 days of this exclusions
becoming final, collect four samples,
before disposal, of the multi-source
landfill leachate.
(ii) The samples are to be analyzed and
compared against the delisting levels in
paragraph (1).
(iii) Within sixty (60) days after this
exclusion becomes final, DPRLP will
report initial verification analytical
test data for the multi-source landfill
leachate, including analytical quality
control information for the first thirty
(30) days of operation after this
exclusion becomes final. If levels of
constituents measured in the samples of
the multi-source landfill leachate that
do not exceed the levels set forth in
paragraph (1) are also non-hazardous in
two consecutive quarters after the first
thirty (30) days of operation after this
exclusion become effective, DPRLP can
manage and dispose of the multi-source
landfill leachate according to all
applicable solid waste regulations.
[[Page 48513]]
(B) Subsequent Verification Testing:
Following written notification by EPA,
DPRLP may substitute the testing
conditions in (3)(B) for (3)(A). DPRLP
must continue to monitor operating
conditions, and analyze one
representative sample of the multi-
source landfill leachate for each
quarter of operation during the first
year of waste generation. The sample
must represent the waste generated
during the quarter. After the first year
of analytical sampling verification
sampling can be performed on a single
annual sample of the multi-source
landfill leachate. The results are to be
compared to the delisting levels in
paragraph (1).
(C) Termination of Testing:
(i) After the first year of quarterly
testing, if the delisting levels in
paragraph (1) are being met, DPRLP may
then request that EPA not require
quarterly testing. After EPA notifies
DPRLP in writing, the company may end
quarterly testing.
(ii) Following cancellation of the
quarterly testing, DPRLP must continue
to test a representative sample for all
constituents listed in paragraph (1)
annually.
(4) Changes in Operating Conditions: If
DPRLP significantly changes the process
described in its petition or starts any
processes that generate(s) the waste
that may or could significantly affect
the composition or type of waste
generated as established under paragraph
(1) (by illustration, but not
limitation, changes in equipment or
operating conditions of the treatment
process), it must notify EPA in writing;
it may no longer handle the wastes
generated from the new process as
nonhazardous until the wastes meet the
delisting levels set in paragraph (1)
and it has received written approval to
do so from EPA.
(5) Data Submittals: DPRLP must submit
the information described below. If
DPRLP 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. DPRLP must:
(A) Submit the data obtained through
paragraph 3 to the Section Supervisor,
RCRA Corrective Action, UST, Solid Waste
and Permit Branch, EPA Region 6, 1201
Elm Street, Suite 500, Dallas, Texas
75270, Mail Code, (6LCR-RC) within the
time specified.
(B) Compile records of operating
conditions and analytical data from
paragraph (3), summarized, and
maintained on-site for a minimum of five
years.
(C) Furnish these records and data when
EPA or the state of Texas request them
for inspection.
(D) Send along with all data a signed
copy of the following certification
statement, to attest to the truth and
accuracy of the data submitted:
Under civil and criminal penalty of law
for the making or submission of false or
fraudulent statements or representations
(pursuant to the applicable provisions
of the Federal Code, which include, but
may not be limited to, 18 U.S.C. 1001
and 42 U.S.C. 6928), I certify that the
information contained in or accompanying
this document is true, accurate and
complete.
As to the (those) identified section(s)
of this document for which I cannot
personally verify its (their) truth and
accuracy, I certify as the company
official having supervisory
responsibility for the persons who,
acting under my direct instructions,
made the verification that this
information is true, accurate and
complete.
If any of this information is determined
by EPA in its sole discretion to be
false, inaccurate or incomplete, and
upon conveyance of this fact to the
company, I recognize and agree that this
exclusion of waste will be void as if it
never had effect or to the extent
directed by EPA and that the company
will be liable for any actions taken in
contravention of the company's RCRA and
CERCLA obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener:
(A) If, anytime after disposal of the
delisted waste, DPRLP possesses or is
otherwise made aware of any
environmental data (including but not
limited to leachate data or groundwater
monitoring data) or any other data
relevant to the delisted waste
indicating that any constituent
identified for the delisting
verification testing is at a level
higher than the delisting level allowed
by the Division Director in granting the
petition, then the facility must report
the data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of that
data.
(B) If the annual testing of the waste
does not meet the delisting requirements
in paragraph 1, DPRLP must report the
data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of that
data.
(C) If DPRLP fails to submit the
information described in paragraphs (5),
(6)(A) or (6)(B) or if any other
information is received from any source,
the Division Director will make a
preliminary determination as to whether
the reported information requires EPA
action to protect human health and/or
the environment. Further action may
include suspending, or revoking the
exclusion, or other appropriate response
necessary to protect human health and
the environment.
[[Page 48514]]
(D) If the Division Director determines
that the reported information does
require action, he will notify the
facility in writing of the actions the
Division Director believes are necessary
to protect human health and the
environment. The notice shall include a
statement of the proposed action and a
statement providing the facility with an
opportunity to present information as to
why the proposed action by EPA is not
necessary. The facility shall have 10
days from the date of the Division
Director's notice to present such
information.
(E) Following the receipt of information
from the facility described in paragraph
(6)(D) or if no information is presented
under paragraph (6)(D), the Division
Director will issue a final written
determination describing the actions
that are necessary to protect human
health and/or the environment. Any
required action described in the
Division Director's determination shall
become effective immediately, unless the
Division Director provides otherwise.
(7) Notification Requirements: DPRLP must
do the following before transporting the
delisted waste. Failure to provide this
notification will result in a violation
of the delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state regulatory
agency to which or through which it will
transport the delisted waste described
above for disposal, 60 days before
beginning such activities.
(B) Update the one-time written
notification if it ships the delisted
waste into a different disposal
facility.
(C) Failure to provide this notification
will result in a violation of the
delisting exclusion and a possible
revocation of the decision.
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[FR Doc. 2024-12496 Filed 6-6-24; 8:45 am]
BILLING CODE 6560-50-P
