Hazardous Waste Management System; Identification and Listing of Hazardous Waste, 82515-82517 [2024-23274]
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 10,
2024. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section in this issue of the Federal
Register, rather than file an immediate
petition for judicial review of this direct
final rule, so that EPA can withdraw
this direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Industrial
facilities, Intergovernmental relations,
Reporting and recordkeeping
requirements, Waste treatment and
disposal.
ddrumheller on DSK120RN23PROD with RULES1
Dated: October 2, 2024.
David Cash,
Regional Administrator, EPA Region 1.
For the reasons stated in the
preamble, part 62 of chapter I, title 40
of the Code of Federal Regulations is
amended as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLAN
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
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Authority: 42 U.S.C. 7401 et seq.
■
2. Revise § 62.4980 to read as follows:
§ 62.4980 Identification of Plan—negative
declaration.
On May 3, 2018, the Maine
Department of Environmental Protection
submitted a letter certifying no existing
sources subject to 40 CFR part 60,
subpart DDDD operate within the State’s
jurisdiction.
■ 3. Revise § 62.5475 to read as follows:
§ 62.5475 Identification of Plan—negative
declaration.
On December 18, 2018, the
Massachusetts Department of
Environmental Protection submitted a
letter certifying no existing sources
subject to 40 CFR part 60, subpart DDDD
operate within the Commonwealth’s
jurisdiction.
[FR Doc. 2024–23172 Filed 10–10–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R06–RCRA–2024; FRL–12229–01–R6]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is amending an exclusion
for Bayer Material Science LLC,
Baytown, Texas facility to reflect
changes in ownership and name.
DATES: This rule is effective October 11,
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
Bayer Material Science LLC, Baytown,
TX facility for the exclusion from
hazardous waste (K027) (K104) (K111)
and (K112) from the wastewater
treatment plant. The exclusion or
SUMMARY:
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82515
‘‘delisting’’ was granted to Bayer
Material Science LLC on July 25, 2005
(see 70 FR 49187). The EPA has been
notified that the transfer of ownership of
the Bayer Material Science LLC,
Baytown, TX facility to Covestro
Industrial Park Baytown occurred on
September 1st 2015. Covestro 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 Baytown, 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 October 11, 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: September 30, 2024.
Helena Healy,
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 ‘‘Bayer Material Science LLC’’
‘‘Baytown, TX’’ and adding an entry for
‘‘Covestro Industrial Park Baytown’’ in
alphabetical order by facility.
■
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
The addition reads as follows:
Appendix IX to Part 261—Waste
Excluded Under §§ 260.20 and 260.22
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
*
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Facility
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Covestro Industrial
Park Baytown.
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Address
Waste description
*
Baytown, TX ........
*
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Outfall 007 Treated Effluent (EPA hazardous Waste No. K027, K104, K111 and K112) generated at
a maximum rate of 18,071,150 cubic yards (5.475 billion gallons) per calendar year after July 25,
2005, as it exits the Outfall Tank and disposed in accordance with the TPDES permit.
The delisting levels set do not relieve Bayer of its duty to comply with the limits set in its TPDES
permit. For the exclusion to be valid, Covestro must implement a verification testing program that
meets the following Paragraphs:
(1) Delisting Levels: All concentrations for those constituents must not exceed the maximum allowable concentrations in mg/kg specified in the paragraph.
Outfall 007 Treated Effluent Total Concentrations (mg/kg): Antimony-0.0816; Arsenic-0.385,
Barium-22.2; Chromium-153.0; Copper-3620.0;Cyanide-0.46;Mercury-0.0323;Nickel11.3;Selenium-0.23;Thallium-0.0334;Vanadium-8.38;Zinc;112.0;Acetone-14.6;Acetophenone15.8;Aniline-0.680;Benzene-0.0590; Bis(2ethylhexyl)phthalate-1260.0;
Bromodichloromethane-0.0719; Chloroform-0.077; Di-n-octyl phthalate-454.0;2,4-Dinitrotoluene-0.00451; Diphenylamine-11.8; 1,4-Dioxana-1.76; Di-n-butyl phthalate-149.0;
Fluoranthaene-24.6; Methylene chloride-0.029; Methyl ethyl ketone-87.9; Nitrobenzene0.0788; m-phenylenediamine-0.879;Pyrene-39.0;1,1,1,2-Tetrachloroethane-0.703; o-Toluidine0.0171; p-Toluidine-0.215; 2,4-Toluenediamine-0.00121. Toluene diisocyanate-0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-hazardous cannot begin until compliance with the limits set in
paragraph (1) for the treated effluent has occurred for two consecutive quarterly sampling
events and those reports have been approved by the EPA.
The delisting for the treated effluent applies only during periods of TPDES compliance.
(B) If constituent levels in any sample taken by Covestro exceed any of the delisting levels set in
paragraph (1) for the treated effluent, Covestro must do the following: (i) notify EPA in accordance with paragraph (6) and (ii) Manage and dispose the treated effluent as hazardous waste
generated under Subtitle C of RCRA (iii) Routine inspection and regular maintenance of the effluent pipe line must occur to prevent spills and leaks of the treated effluent prior to discharge.
(1) Testing Requirements: Sample collection and analyses, including quality control procedures,
must be performed using appropriate methods. As applicable to the method-defined parameters
of concern, analyses requiring the use of SW–846 methods incorporated by references 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 (used
EPA method 1664, Rev A), 9071B and 9095B. Methods must meet Performance based Measurement System Criteria in which Data Quality objectives are to demonstrate that representative
samples of the Covestro treated effluent meet the delisting levels in paragraph (1).
(A) Quarterly Testing: Upon the exclusion becoming final, Covestro may perform quarterly analytical
testing by sampling and analyzing the treated effluent as follows (i) Collect two representative
composite samples of the treated effluent at quarterly intervals after EPA grants the final exclusion. The first composite samples may be taken at any time after EPA grants the final approval.
Sampling should be performed in accordance with the sampling plan approved by EPA in support
of the exclusion. (ii) Analyze the samples for all constituents listed in paragraph (1). Any composite sample taken that exceeds the delisting levels listed in paragraph (1) for the treated effluent must be disposed of as a hazardous waste in accordance with the applicable hazardous
waste requirements in its TPDES discharge permit. (iii) Within thirty (30) days after taking its first
quarterly sample, Covestro will report its first quarterly analytical test date to EPA. If levels of constituents measured in the samples of the treated effluent do not exceed the levels set forth in
paragraph (1) of this exclusion for two consecutive quarters, Covestro can mange and dispose
the nonhazardous treated effluent according to all applicable solid waste regulations.
(B) Annual Testing: (i) If Covestro completes the four (4) quarterly testing events specified in paragraph (3) (A) above and no samples contains a constituent with a level which exceeds the limits
set forth in paragraph (1), Covestro may begin annual testing as follows: Covestro must test two
representative composite samples of the treated effluent for all constituents listed in paragraph (1)
at least once per calendar year. (ii) The samples for the annual testing shall be a representative
composite sample according to appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW–846 methods incorporated by reference in 40
CFR 260.11 must be used with substitution. As applicable the SW–846 methods might include
Methods 0010, 0020, 0023A, 0030, 0031, 0040, 0050, 0051,0060, 0061, 1010A, 1020A, 1110A
1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (used EPA
Method 1664 Rev. A) 9071B and 9005B. Methods must meet Performance Based Management
System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of the Covestro treated effluent testing taken for the second and subsequent annual testing
events shall be taken within the same calendar month as he first annual sample taken.
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
(1) Changes in Operating Conditions: If Covestro significantly changes the process describes in its
petition or starts any process that generates(s) the waste that may or could affect the composition
or type of waste generated as established under paragraph (1) (by illustration, but nit limitation
changes in equipment or operating conditions of the treatment process), it must notify EPA in
writing; it may no longer handle the waste generated from the new process as nonhazardous until
the waste meet the delisting levels set in paragraphs (1) and it has received written approval to
do so from EPA. Covestro must submit a modification to the petition complete with full sampling
and analysis for circumstances where volume changes and/or additional waste codes are added
to the waste stream.
(2) Data Submittals: Covestro must submit the information described below. If Covestro 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). Covestro must: (i) 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. (ii) Compile records of analytical data from paragraph (3), summarized, and maintained
on-site for a minimum of five years. (iii) Furnish these records and data when either EPA or the
State of Texas request them for inspection. (iv) Send along with all data signed copy of 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 documents is true, accurate and complete.
Also, 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 a 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 ole 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 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.’’
(3) Reopener: (i) If, any time after disposal of the delisted waste Covestro possess 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 including that any constituent
identified for the delisting verification testing is at level higher than the delisting level allowed by
the Division Director within 10 days of first possessing or being made aware of that data. (ii) If either the quarterly or annual testing of the waste does not meet the delisting requirements in paragraph (1) Covestro must report the data, in writing, to the Division Director with 10 days of first
possessing or being made aware of that data. (iii) if Covestro fails to submit the information described in paragraph (5), (6)(i), or (6)(ii) 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. (iv) if the Division Director determines that the reported information
requires action by EPA, the Division Director 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 EPA action is not necessary. The facility
shall have 10 days from the date of the Division Director’s notice to present such information. (v)
Following the receipt of information from the facility described in paragraph (6)(iv) or (if no information is presented under paragraph (6)(iv)(ii) the initial receipt of information described in paragraphs (5)(6)(i) or (6)(ii), the Division Director will issue a final written determination describing
EPA actions that are necessary to protect human health and/or the environment. Any required action described in the Division Directors’ determination shall become effective immediately, unless
the Division Director provides otherwise.
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[FR Doc. 2024–23274 Filed 10–10–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82515-82517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23274]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R06-RCRA-2024; FRL-12229-01-R6]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is amending an
exclusion for Bayer Material Science LLC, Baytown, Texas facility to
reflect changes in ownership and name.
DATES: This rule is effective October 11, 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 Bayer Material Science LLC, Baytown, TX facility
for the exclusion from hazardous waste (K027) (K104) (K111) and (K112)
from the wastewater treatment plant. The exclusion or ``delisting'' was
granted to Bayer Material Science LLC on July 25, 2005 (see 70 FR
49187). The EPA has been notified that the transfer of ownership of the
Bayer Material Science LLC, Baytown, TX facility to Covestro Industrial
Park Baytown occurred on September 1st 2015. Covestro 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 Baytown, 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 October 11,
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: September 30, 2024.
Helena Healy,
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 ``Bayer Material Science LLC'' ``Baytown, TX'' and adding an
entry for ``Covestro Industrial Park Baytown'' in alphabetical order by
facility.
[[Page 82516]]
The addition reads as follows:
Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Facility Address...................... Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Covestro Industrial Park Baytown Baytown, TX.................. Outfall 007 Treated Effluent (EPA hazardous
Waste No. K027, K104, K111 and K112) generated
at a maximum rate of 18,071,150 cubic yards
(5.475 billion gallons) per calendar year
after July 25, 2005, as it exits the Outfall
Tank and disposed in accordance with the TPDES
permit.
The delisting levels set do not relieve Bayer
of its duty to comply with the limits set in
its TPDES permit. For the exclusion to be
valid, Covestro must implement a verification
testing program that meets the following
Paragraphs:
(1) Delisting Levels: All concentrations for
those constituents must not exceed the maximum
allowable concentrations in mg/kg specified in
the paragraph.
Outfall 007 Treated Effluent Total
Concentrations (mg/kg): Antimony-0.0816;
Arsenic-0.385, Barium-22.2; Chromium-153.0;
Copper-3620.0;Cyanide-0.46;Mercury-
0.0323;Nickel-11.3;Selenium-0.23;Thallium-
0.0334;Vanadium-8.38;Zinc;112.0;Acetone-
14.6;Acetophenone-15.8;Aniline-
0.680;Benzene-0.0590;
Bis(2ethylhexyl)phthalate-1260.0;
Bromodichloromethane-0.0719; Chloroform-
0.077; Di-n-octyl phthalate-454.0;2,4-
Dinitrotoluene-0.00451; Diphenylamine-11.8;
1,4-Dioxana-1.76; Di-n-butyl phthalate-
149.0; Fluoranthaene-24.6; Methylene
chloride-0.029; Methyl ethyl ketone-87.9;
Nitrobenzene-0.0788; m-phenylenediamine-
0.879;Pyrene-39.0;1,1,1,2-Tetrachloroethane-
0.703; o-Toluidine-0.0171; p-Toluidine-
0.215; 2,4-Toluenediamine-0.00121. Toluene
diisocyanate-0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-hazardous
cannot begin until compliance with the
limits set in paragraph (1) for the treated
effluent has occurred for two consecutive
quarterly sampling events and those reports
have been approved by the EPA.
The delisting for the treated effluent applies
only during periods of TPDES compliance.
(B) If constituent levels in any sample taken
by Covestro exceed any of the delisting levels
set in paragraph (1) for the treated effluent,
Covestro must do the following: (i) notify EPA
in accordance with paragraph (6) and (ii)
Manage and dispose the treated effluent as
hazardous waste generated under Subtitle C of
RCRA (iii) Routine inspection and regular
maintenance of the effluent pipe line must
occur to prevent spills and leaks of the
treated effluent prior to discharge.
(1) Testing Requirements: Sample collection and
analyses, including quality control
procedures, must be performed using
appropriate methods. As applicable to the
method-defined parameters of concern, analyses
requiring the use of SW-846 methods
incorporated by references 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 (used EPA
method 1664, Rev A), 9071B and 9095B. Methods
must meet Performance based Measurement System
Criteria in which Data Quality objectives are
to demonstrate that representative samples of
the Covestro treated effluent meet the
delisting levels in paragraph (1).
(A) Quarterly Testing: Upon the exclusion
becoming final, Covestro may perform quarterly
analytical testing by sampling and analyzing
the treated effluent as follows (i) Collect
two representative composite samples of the
treated effluent at quarterly intervals after
EPA grants the final exclusion. The first
composite samples may be taken at any time
after EPA grants the final approval. Sampling
should be performed in accordance with the
sampling plan approved by EPA in support of
the exclusion. (ii) Analyze the samples for
all constituents listed in paragraph (1). Any
composite sample taken that exceeds the
delisting levels listed in paragraph (1) for
the treated effluent must be disposed of as a
hazardous waste in accordance with the
applicable hazardous waste requirements in its
TPDES discharge permit. (iii) Within thirty
(30) days after taking its first quarterly
sample, Covestro will report its first
quarterly analytical test date to EPA. If
levels of constituents measured in the samples
of the treated effluent do not exceed the
levels set forth in paragraph (1) of this
exclusion for two consecutive quarters,
Covestro can mange and dispose the
nonhazardous treated effluent according to all
applicable solid waste regulations.
(B) Annual Testing: (i) If Covestro completes
the four (4) quarterly testing events
specified in paragraph (3) (A) above and no
samples contains a constituent with a level
which exceeds the limits set forth in
paragraph (1), Covestro may begin annual
testing as follows: Covestro must test two
representative composite samples of the
treated effluent for all constituents listed
in paragraph (1) at least once per calendar
year. (ii) The samples for the annual testing
shall be a representative composite sample
according to appropriate methods. As
applicable to the method-defined parameters of
concern, analyses requiring the use of SW-846
methods incorporated by reference in 40 CFR
260.11 must be used with substitution. As
applicable the SW-846 methods might include
Methods 0010, 0020, 0023A, 0030, 0031, 0040,
0050, 0051,0060, 0061, 1010A, 1020A, 1110A
1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B,
9040C, 9045D, 9060A, 9070A (used EPA Method
1664 Rev. A) 9071B and 9005B. Methods must
meet Performance Based Management System
Criteria in which the Data Quality Objectives
are to demonstrate that representative samples
of the Covestro treated effluent testing taken
for the second and subsequent annual testing
events shall be taken within the same calendar
month as he first annual sample taken.
[[Page 82517]]
(1) Changes in Operating Conditions: If
Covestro significantly changes the process
describes in its petition or starts any
process that generates(s) the waste that may
or could affect the composition or type of
waste generated as established under paragraph
(1) (by illustration, but nit limitation
changes in equipment or operating conditions
of the treatment process), it must notify EPA
in writing; it may no longer handle the waste
generated from the new process as nonhazardous
until the waste meet the delisting levels set
in paragraphs (1) and it has received written
approval to do so from EPA. Covestro must
submit a modification to the petition complete
with full sampling and analysis for
circumstances where volume changes and/or
additional waste codes are added to the waste
stream.
(2) Data Submittals: Covestro must submit the
information described below. If Covestro 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). Covestro must: (i)
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. (ii) Compile
records of analytical data from paragraph (3),
summarized, and maintained on-site for a
minimum of five years. (iii) Furnish these
records and data when either EPA or the State
of Texas request them for inspection. (iv)
Send along with all data signed copy of
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 documents is true, accurate
and complete.
Also, 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 a
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 ole 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
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.''
(3) Reopener: (i) If, any time after disposal
of the delisted waste Covestro possess 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 including that
any constituent identified for the delisting
verification testing is at level higher than
the delisting level allowed by the Division
Director within 10 days of first possessing or
being made aware of that data. (ii) If either
the quarterly or annual testing of the waste
does not meet the delisting requirements in
paragraph (1) Covestro must report the data,
in writing, to the Division Director with 10
days of first possessing or being made aware
of that data. (iii) if Covestro fails to
submit the information described in paragraph
(5), (6)(i), or (6)(ii) 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. (iv) if the Division Director
determines that the reported information
requires action by EPA, the Division Director
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 EPA action is not necessary. The
facility shall have 10 days from the date of
the Division Director's notice to present such
information. (v) Following the receipt of
information from the facility described in
paragraph (6)(iv) or (if no information is
presented under paragraph (6)(iv)(ii) the
initial receipt of information described in
paragraphs (5)(6)(i) or (6)(ii), the Division
Director will issue a final written
determination describing EPA actions that are
necessary to protect human health and/or the
environment. Any required action described in
the Division Directors' determination shall
become effective immediately, unless the
Division Director provides otherwise.
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[FR Doc. 2024-23274 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P
