[Federal Register Volume 65, Number 160 (Thursday, August 17, 2000)]
[Proposed Rules]
[Pages 50284-50310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20424]
[[Page 50283]]
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Part II
Environmental Protection Agency
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40 CFR Parts 261 and 266
Project XL Site-Specific Rulemaking for US Filter Recovery Services,
Roseville, MN, and Generators and Transporters of USFRS XL Waste;
Proposed Rule
Federal Register / Vol. 65, No. 160 / Thursday, August 17, 2000 /
Proposed Rules
[[Page 50284]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261 and 266
[FRL-6848-8]
Project XL Site-Specific Rulemaking for US Filter Recovery
Services, Roseville, Minnesota, and Generators and Transporters of
USFRS XL Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule and draft final project agreement.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing this
rule to implement a project under its Project XL (which stands for
eXcellence and Leadership) program that would provide regulatory
flexibility under the Resource Conservation and Recovery Act (RCRA), as
amended, for the US Filter Recovery Services (USFRS) facility located
at 2430 Rose Place, Roseville, Minnesota, 55113 and approved Minnesota
generators and transporters of wastes to encourage the use of waste
water treatment ion exchange resins. The principal objective of the
USFRS XL Project is to pilot a flexible, performance-based system for
managing waste waters from electroplaters, metal finishers and similar
industries who by virtue of their using USFRS water treatment ion
exchange resins generate electroplating sludges which are regulated
hazardous wastes. To achieve this objective, this proposed rule would
replace existing requirements for approved generators and transporters
with a comprehensive program designed and implemented by USFRS to
properly store and transport the USFRS water treatment ion exchange
resin wastes. The overall terms of this XL Project are contained in the
draft Final Project Agreement (FPA) of which EPA is also requesting
comments. The draft FPA is available for public review and comment at
the RCRA Docket in Arlington, Virginia, in the EPA Region V library, at
USFRS, and on the world wide web at http://www.epa.gov/projectxl/.
Following a review of the public comments and appropriate changes, the
FPA would be signed by delegates from the EPA, the Minnesota Pollution
Control Agency (MPCA), the Counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott and Washington in Minnesota, USFRS and each participating
generator and transporter.
DATES: Public Comments: Comments on the proposed rule and/or FPA must
be received on or before September 7, 2000. All comments should be
submitted in writing to the address listed below.
Public Hearing: Commenters may request a public hearing by August
24, 2000 during the public comment period. Commenters requesting a
public hearing should specify the basis for their request. If EPA
determines that there is sufficient reason to hold a public hearing, it
will do so by August 31, 2000, during the last week of the public
comment period. Requests for a public hearing should be submitted to
the address below. If a public hearing is scheduled, the date, time,
and location will be noticed through a Federal Register notice or by
contacting Mr. Robert Egan at the Region V office.
ADDRESSES: Request to Speak at Hearing: Requests for a hearing should
be mailed to the RCRA Information Center Docket Clerk (5305G), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W.,
Washington, D.C. 20460. Please send an original and two copies of all
comments, and refer to Docket Number F-2000-FRSP-FFFFF. A copy should
also be sent to Mr. Robert Egan, EPA, Region V. Mr. Egan may be
contacted at the following address: U.S. Environmental Protection
Agency, Region V, Waste, Pesticides and Toxics Division, (DRP-8J), 77
West Jackson, Chicago, Illinois, 60604, (312) 886-6212.
Comments: Written comments should be mailed to the RCRA Information
Center Docket Clerk (5305W), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, N.W., Washington, D.C. 20460. Please send an
original and two copies of all comments, and refer to Docket Number F-
2000-FRSP-FFFFF. A copy of the comments should also be sent to Mr. Egan
at U.S. EPA, Region V, Waste, Pesticides and Toxics Division (DRP-8J),
77 West Jackson, Chicago, Illinois 60604.
Viewing Project Materials: A docket containing the proposed rule,
draft FPA, supporting materials, and public comments is available for
public inspection and copying at the RCRA Information Center (RIC),
located at Crystal Gateway, 1235 Jefferson Davis Highway, First Floor,
Arlington, Virginia. The RIC is open from 9:00 am to 4:00 pm Monday
through Friday, excluding federal holidays. The public is encouraged to
phone in advance to review docket materials. Appointments can be
scheduled by phoning the Docket Office at (703) 603-9230. Refer to RCRA
docket number F-2000-FRSP-FFFFF. The public may copy a maximum of 100
pages from any regulatory docket at no charge. Additional copies cost
15 cents per page. Project materials are also available for review for
today's action on the world wide web at http://www.epa.gov/projectxl/.
A duplicate copy of the docket is available for inspection and
copying at U.S. EPA, Region V, Waste, Pesticides and Toxics Division,
77 West Jackson, Chicago, Illinois 60604 during normal business hours.
Persons wishing to view the duplicate docket at the Chicago location
are encouraged to contact Mr. Robert Egan in advance, by telephoning
(312) 886-6212.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Egan, U.S. EPA, Region V,
Waste, Pesticides and Toxics Division, 77 West Jackson, Chicago,
Illinois 60604. Mr. Egan may be contacted at (312) 886-6212. Further
information on today's action may also be obtained on the world wide
web at http://www.epa.gov/projectxl/.
SUPPLEMENTARY INFORMATION: Electroplaters, metal finishers and other
industries use large volumes of water to wash and rinse materials
during the manufacturing process. In many manufacturing processes this
wash and rinse water is used once then directed to an on-site waste
water treatment plant where it is treated to levels required by the
Clean Water Act prior to discharge to a surface water body or a local
publicly owned treatment works (POTW).
To minimize the use of potable water in the manufacturing process
USFRS has developed a water treatment system that uses an ion exchange
resin (``resin''). USFRS estimates that one gallon of its resin can
treat anywhere from 500 to 2,000 gallons of process waste waters. The
resins are contained in a canister. USFRS pays between $300 and $4,000
per canister (for the larger ones) and they expect to use each canister
for approximately 20 years. The process waste waters are directed to
the canisters. The resins within the canisters collect the metals and
other chemical contaminants that are otherwise contained in the process
waste waters. Exiting the canister is cleaned water.
USFRS anticipates that the cleaned water could be returned to the
process thus avoiding or reducing the use and treatment of potable
water in the manufacturing process. However, the collection of the
chemical contaminants on the resins results in the resins being
characterized as a listed hazardous waste--i.e., F006, waste water
treatment sludges from electroplating operations. The resins may also
exhibit a characteristic of hazardous waste as a result of the
operations of a particular
[[Page 50285]]
manufacturer. The characterization of the resin wastes as a listed
hazardous waste operates as a disincentive to a potential customer to
use the USFRS waste water treatment system since that customer must
handle, store and transport the resins according to the hazardous
wastes requirements contained in 40 CFR parts 260-265, 268, 270, 273
and 279.
The purpose of the USFRS XL Project would be to determine whether
substitute requirements imposed on USFRS and approved generators and
transporters would remove this disincentive, as well as encourage
increased use of the USFRS waste water treatment system, a decrease in
the energy associated with use of potable water in the manufacturing
process, and a decrease in the amount of hazardous chemicals discharged
to POTWs. The development and implementation of the USFRS XL Project
would be piloted at USFRS and at approved generators and transporters
of USFRS resin wastes. The approved generators and transporters would
handle, store and transport the resin wastes in accordance with
specific standards contained in proposed new part 266, subpart N of
Title 40 of the Code of Federal Regulations (``subpart N''). These
requirements would operate in lieu of the requirements imposed under
parts 261-265, 268, 270, 273 and 279 of Title 40 of the Code of Federal
Regulations. As a result, it is anticipated that the generators will
reduce their discharge of process waste waters to local POTWs. USFRS
will handle the resin wastes as hazardous waste and in accordance with
subpart N and its hazardous waste permit. The proposed rule would
impose on USFRS additional reporting and handling requirements in
exchange for the regulatory flexibility provided to the generators and
transporters. All other hazardous wastes generated by these generators
and USFRS would continue to be subject to current RCRA regulations.
The USFRS XL Project is intended to test the effectiveness of an
integrated, flexible, performance-based approach for managing hazardous
waste to determine whether this approach promotes a reduction in the
amount of hazardous chemicals which are discharged to the local POTWs
and the amount of water used in the manufacturing process.
EPA is proposing to implement the USFRS XL Project by providing the
generators and transporters with a ``temporary deferral'' from the
requirements of 40 CFR parts 261-265, 268, 270, 273 and 279 for USFRS
XL waste. The deferral is temporary in that it is only applicable for
the period of time that the waste is at the generator or during its
transport to USFRS. Additionally, the deferral is temporary in that the
deferral is applicable only during the time that this XL Project is
effective--5 years from the effective date of subpart N.
The deferral consists of designating the resin wastes by a waste
code different from those identified in 40 CFR part 261 while the waste
is at the approved generator and during its transport. To accomplish
this the proposed rule contains a new definition of ``USFRS XL waste''
and provides it with a unique EPA waste code (XL001). USFRS XL wastes
will be limited to used water treatment resin canisters and their
contents from USFRS XL waste generators located in the state of
Minnesota. The USFRS XL waste will include the resins, the wastes
contained on or within the resins and any other wastes contained within
the water treatment resin canisters. These wastes include only those
wastes generated from processes subject to the RCRA F006 hazardous
waste listing.\1\ USFRS and its generators or transporters will use the
waste code XL001 when the wastes are at the generator or in transport.
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\1\ A solid waste may be a hazardous waste if it is listed or
demonstrates a characteristic as defined by 40 CFR part 261,
subparts C and D. Certain solid wastes are considered listed
hazardous wastes because they are generated as a result of specific
manufacturing processes. Such solid wastes may also be considered
characteristic hazardous waste depending on the chemical composition
of the wastes. This XL Project is focused on the resin wastes
generated from process waste waters associated with the F006
hazardous waste listing. It is possible that for some manufacturers
the resin wastes may also be characterized as a characteristic
hazardous waste. This is acceptable for participation in the USFRS
XL project provided the waste waters were from processes associated
with the F006 hazardous waste listing.
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The deferral would also require the approved generators and
transporters and USFRS to comply with new part 266, subpart N in lieu
of 40 CFR parts 261-265, 268, 270, 273 and 279. If the approved
generator, transporter or USFRS fails to comply with the new
requirements then it will have violated RCRA and may be subject to
enforcement action for such violations. Proposed new subpart N includes
specific requirements for the management of the USFRS XL wastes in a
manner which ensures protection of human health and the environment
while providing some flexibility to encourage chemical reuse and waste
minimization. They are enforceable in the same way as current RCRA
standards are enforceable to ensure that handling of the USFRS XL
wastes would be protective of human health and the environment.
EPA has agreed to provide USFRS and approved generators and
transporters with this regulatory flexibility to determine if the
proposed regulatory approach would result in superior environmental
performance and significant cost savings to USFRS or its customers.
Today's proposed rulemaking, and the state actions described in
sections V.A & F of this preamble, will not in any way affect the
provisions or applicability of any other existing or future
regulations.
EPA is soliciting comments on this rulemaking. EPA will publish
responses to comments in a subsequent final rule. The USFRS XL Project
will enter the implementation phase after EPA promulgates the final
federal rule, the state of Minnesota adopts the required state legal
mechanisms and the participants sign the FPA. EPA, MPCA, the counties
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington in
Minnesota, USFRS and the approved generators and transporters will sign
the FPA. At the present time USFRS has only identified itself and
Pioneer Transport (a potential participating transporter) for this XL
Project. USFRS has not identified any generators as participants in
this XL Project.
The FPA may be modified at any time during this XL Project to add
generators or transporters to this XL Project. A generator or
transporter who wants to participate in this XL Project in the future
will be subject to specific requirements and an approval process
described below prior to being accepted into this XL Project. Only
generators and transporters who have met the approval process
conditions may participate in this XL Project. Consequently,
implementation of this XL Project and the proposed rules will occur for
a specific generator or transporter only after the appropriate state
and federal legal mechanisms are in place and the generator or
transporter has signed the FPA.
Outline of Today's Document
The information presented in this preamble is organized as follows:
IV. Comparison of USFRS XL Project with Current RCRA Regulations
A. XL Waste Defined
B. Substitute Requirements
1. Waste Identification and Characterization
2. EPA Identification Numbers
3. Uniform Hazardous Waste Manifest
4. Pre-transport and Transportation Requirements
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5. Accumulation and Storage Prior to Shipment
6. Reporting and Recordkeeping Requirements
7. Additional Requirements Imposed on USFRS
V. How the USFRS XL Project will result in Superior Environmental
Performance?
A. What Regulatory Changes will be Necessary to Implement this
Project?
1. Federal Regulatory Changes
2. State Regulatory Changes
B. Why is EPA Supporting this New Approach to USFRS XL Waste
Management?
C. How Have Various Stakeholders Been Involved in this Project?
D. How Will this Project Result in Cost Savings and Paperwork
Reduction?
E. How Will EPA Ensure the Integrity of the USFRS XL Project?
F. How Will the Terms of the USFRS XL Project and Proposed Rule be
Enforced?
G. How Long Will this Project Last and When Will it be Completed?
VI. Additional Information
A. How to Request a Public Hearing
B. How Does this Rule Comply With Executive Order 12866?
C. Is a Regulatory Flexibility Analysis Required?
D. Is an Information Collection Request Required for this Project
Under the Paperwork Reduction Act?
E. Does This Project Trigger the Requirements of the Unfunded
Mandates Reform Act?
F. Applicability of Proposed Subpart N under the Minnesota RCRA
Authorized Hazardous Waste Program.
1. Applicability of Rules in Authorized States
2. Effect on Minnesota Authorization
G. How Does this Rule Comply with Executive Order 13045: Protection
of Children from Environmental Health Risks and Safety Risks?
H. How Does this Rule Comply with Executive Order 13132: Federalism?
I. How Does this Rule Comply with Executive Order 13084:
Consultation and Coordination with Indian Tribal Governments?
J. Does this Rule Comply with the National Technology Transfer and
Advancement Act?
I. Authority
EPA is publishing this proposed regulation under the authority of
sections 2002, 3001, 3002, 3003, 3006, 3010, and 7004 of the Solid
Waste Disposal Act of 1970, as amended by the Resource Conservation and
Recovery Act, as amended (42 U.S.C. 6912, 6921, 6922, 6923, 6926, 6930,
and 6974).
II. Overview of Project XL
The draft FPA sets forth the intentions of EPA, MPCA, Pioneer
Transport, the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott and Washington,\2\ Minnesota and USFRS with regard to a project
developed under Project XL. Project XL is an EPA initiative to allow
regulated entities an opportunity to achieve better environmental
results at less cost.
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\2\ These counties are identified signators to the FPA since the
State has given them certain responsibilities over hazardous waste
generators, transporters and facilities within their jurisdiction.
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EPA announced Project XL--``eXcellence and Leadership''--on March
16, 1995. It is a central part of the National Performance Review and
the EPA's effort to reinvent environmental protection. See 60 FR 27282
(May 23, 1995). Under Project XL EPA provides a limited number of
private and public regulated entities an opportunity to develop their
own pilot projects to provide regulatory flexibility that will result
in environmental protection that is superior to what would be achieved
through compliance with current and reasonably anticipated future
regulations. These efforts are crucial to EPA's ability to test new
strategies that reduce regulatory burden and promote economic growth
while achieving better environmental and public health protection. EPA
intends to evaluate the results of this and other Project XL projects
to determine which specific elements of the project(s), if any, should
be more broadly applied to other regulated entities for the benefit of
both the environment and the economy.
Under Project XL, participants in four categories--facilities,
industry sectors, governmental agencies and communities--are offered
the flexibility to develop common sense, cost-effective strategies that
will replace or modify specific regulatory requirements, on the
condition that they produce and demonstrate superior environmental
performance.
The XL program is intended to allow EPA to experiment with
potentially promising regulatory approaches, both to assess whether
they provide benefits at the specific facility affected, and whether
they should be considered for wider application. Such pilot projects
allow EPA to proceed more quickly than would be possible when
undertaking changes on a nationwide basis.
Adoption of such alternative approaches or interpretations in the
context of a given XL project does not, however, signal EPA's
willingness to adopt that interpretation as a general matter, or even
in the context of other XL projects. It would be inconsistent with the
forward-looking nature of these pilot projects to adopt such innovative
approaches prematurely on a widespread basis without first determining
whether or not they are viable in practice and successful in the
particular projects that embody them. Furthermore, as EPA indicated in
announcing the XL program, EPA expects to adopt only a limited number
of carefully selected projects. These pilot projects are not intended
to be a means for piecemeal revision of entire programs. Depending on
the results in these projects, EPA may or may not be willing to
consider adopting the alternative interpretation again, either
generally or for other specific facilities.
EPA believes that adopting alternative policy approaches and
interpretations, on a limited, site-specific basis and in connection
with a carefully selected pilot project, is consistent with the
expectations of Congress about EPA's role in implementing the
environmental statutes (provided that the Agency acts within the
discretion allowed by the statute). Congress' recognition that there is
a need for experimentation and research, as well as ongoing re-
evaluation of environmental programs, is reflected in a variety of
statutory provisions, such as section 8001 of RCRA.
XL Criteria
To participate in Project XL, applicants must develop alternative
pollution reduction strategies pursuant to eight criteria: superior
environmental performance; cost savings and paperwork reduction; local
stakeholder involvement and support; test of an innovative strategy;
transferability; feasibility; identification of monitoring, reporting
and evaluation methods; and avoidance of shifting risk burden. They
must have full support of affected federal, state and tribal agencies
to be selected.
For more information about the XL criteria, readers should refer to
the two descriptive documents published in the Federal Register (60 FR
27282, May 23, 1995 and 62 FR 19872, April 23, 1997), and the December
1, 1995 ``Principles for Development of Project XL Final Project
Agreements'' document. For further discussion as to how the USFRS XL
Project addresses the XL criteria, readers should refer to the USFRS
draft FPA available from the EPA RCRA docket or Region 5 library for
this action (see ADDRESSES section of today's preamble).
XL Program Phases
Development of a Project has four basic phases: the initial pre-
proposal phase where the project sponsor comes up with an innovative
concept that it would like EPA to consider as an XL pilot; the second
phase where the
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project sponsor works with EPA and interested stakeholders in
developing its XL proposal; the third phase where EPA, local regulatory
agencies, and other interested stakeholders review the XL proposal; and
the fourth phase where the project sponsor works with EPA, local
regulatory agencies, and interested stakeholders in developing the FPA
and legal mechanisms. The XL pilot proceeds into the implementation
phase and evaluation phase after promulgation of the required federal,
state and local legal mechanisms and after the designated participants
sign the FPA.
Final Project Agreement
The FPA is a written agreement between the project sponsor,
participants and regulatory agencies. The FPA contains a detailed
description of the proposed pilot project. It addresses the eight
Project XL criteria, and the expectation of EPA that this XL Project
will meet those criteria. The FPA identifies performance goals and
indicators (monitoring schedules) which will enable USFRS to clearly
illustrate the baseline quantities and compare them to quantities
derived after implementation of the pilot. The FPA specifically
addresses the manner in which the project is expected to produce
superior environmental benefits. The FPA also discusses the
administration of the agreement, including dispute resolution and
termination. The draft FPA for the USFRS XL Project is available for
review in the docket for today's action, and also is available on the
world wide web at http://www.epa.gov/projectxl/.
III. Overview of the USFRS XL Project
EPA is today requesting comments on the draft FPA and proposed
rule. These items are key provisions to implement the USFRS XL Project.
Today's proposed rule would facilitate implementation of the draft FPA
and the USFRS XL Project. After receiving and reviewing comments on the
draft FPA and proposed rule EPA will decide whether to proceed with
final approval of the USFRS XL Project. If EPA decides to proceed with
such final approval then EPA, MPCA , the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott and Washington in Minnesota, Pioneer
Transport and USFRS will sign the final FPA. Additionally, EPA will
finally promulgate the rules proposed today. The regulatory relief
provided in the final EPA rules, however, will not be federally
effective in Minnesota until the state has made changes similar changes
to its hazardous waste management program and, as necessary, EPA has
approved of those changes as part of the authorized hazardous waste
program. See section V.A & F below for a more detailed discussion of
the manner in which the state may make such changes and the
consequences of such actions.
A. Scope of the USFRS XL Project
The USFRS XL Project is limited in scope to USFRS and approved
generators and transporters and to only USFRS XL wastes from the
approved generators.
EPA and MPCA will have to approve of any generator or transporter
who is added to this XL Project. If the generator's principal place of
business is located within the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott or Washington, Minnesota then the approval of
the environmental agencies located within these counties is also
required (``county environmental agencies'' or ``county agencies.'')
EPA's approval will focus primarily on the compliance and enforcement
history of the generator or transporter. In addition to this
enforcement screen, USFRS will conduct a preliminary evaluation of the
generator or transporter.
USFRS' preliminary evaluation of a proposed generator will ensure
that the proposed generator is within the electroplating, metal working
and circuit board manufacturing industrial sectors, has a complete
USFRS application form and has a storage area which meets the standards
specified in subpart N. USFRS will conduct a waste analysis to
determine the chemical constituents anticipated in a potential
generator's waste stream and to determine such wastes' compatibility
with USFRS' resin process and canisters. If a company passes USFRS'
preliminary evaluation, USFRS may propose to EPA, MPCA and, as
appropriate, the county agencies to add it to the USFRS XL Project.
EPA, MPCA, and as appropriate, the county agencies must approve of the
company before it can be added to the USFRS XL Project. After such
approvals are received, USFRS may notify the company of its acceptance.
At that time, the company must sign the FPA and a certification that
they understand the training which USFRS provided on the proper
handling of the USFRS XL waste. USFRS will assign a unique USFRS Client
Number to the company and will also assign a unique USFRS Waste Profile
Number to the waste stream(s) that contribute to the company's
generation of the resin wastes.
USFRS' preliminary evaluation of a proposed transporter will
consist of determining whether the transporter has a current
satisfactory safety rating from the United States Department of
Transportation (USDOT), an EPA hazardous waste identification number,
and a Minnesota Uniform Hazardous Materials Registration (Minnesota
registration). USFRS will report on the results of this preliminary
evaluation to EPA, MPCA and, as appropriate, the County Agencies. USFRS
may propose a transporter who is not a licensed hazardous waste carrier
or does not have an EPA identification number. USFRS may propose to
EPA, MPCA and, as appropriate, the county agencies to add to the USFRS
XL Project any transporter, even a common carrier, who has a current
satisfactory rating from USDOT. EPA, MPCA, and as appropriate, the
county agencies must approve of the transporter before it can be added
to the USFRS XL Project. After such approvals are received, USFRS may
notify the transporter of its acceptance. At that time, the transporter
must sign the FPA and certify that it has been trained by USFRS on the
proper handling of USFRS XL wastes and understands its responsibilities
under new part 266, subpart N.
The procedures for obtaining state and local approval of a
transporter or generator may be different than the federal procedures
outlined above. USFRS must obtain the approval of EPA and MPCA in all
instances before it may add a company as a generator or transporter to
the USFRS XL Project. For potential generators and transporters whose
principal place of business is located in Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott or Washington Counties, Minnesota. USFRS will
have to obtain the approval of the appropriate county agencies. In all
instances USFRS will have to complete the preliminary evaluations
identified above prior to proposing to EPA, MPCA or the county agencies
the addition of a company to the USFRS XL Project.
The federal procedures for approving a company as a participant in
the USFRS XL Project as a generator or transporter are detailed in the
proposed rule. In summary, if a company passes USFRS' preliminary
evaluation, USFRS will notify EPA in writing of its desire to add this
company to the USFRS XL Project. EPA will have twenty one days to veto
such company's participation in the USFRS XL Project. EPA anticipates
that it will exercise this veto authority based in part on the
environmental compliance and enforcement history of the company. If
USFRS does not receive a written disapproval from EPA within the twenty
one days, the company is deemed to have EPA approval.
[[Page 50288]]
USFRS must also obtain the approval of the MPCA and county agency,
as appropriate. EPA anticipates that USFRS will seek the approval of
MPCA and the appropriate county agency at the same time that it seeks
EPA approval. MPCA and the appropriate county agency will perform a
compliance and enforcement screen. If the potential generator or
transporter passes this screen, MPCA will provide written notice to the
company and notify it of its duties and responsibilities.
After USFRS has received the approval of EPA, MPCA and the
appropriate county agency it may proceed with the next step in the
federal process for adding a generator or transporter to the USFRS XL
Project. That step will consist of USFRS notifying the potential
generator or transporter that it has received the required agency
approvals. At that time, USFRS will obtain the company's signature to
FPA and the appropriate certification. Upon request, USFRS will forward
a copy of the signed documents to EPA, MPCA and the appropriate county
agency.
On the date USFRS receives the signed FPA and certification, the
potential generator or transporter is considered part of this USFRS XL
Project. This date may be referred to as the generator or transporter
``effective date.'' The generator or transporter must handle its USFRS
XL waste generated on or after the effective date in accordance with
the requirements of part 266, subpart N. The generator or transporter
must handle USFRS XL waste generated prior to the effective date
according to the RCRA regulations applicable at that time. Proposed new
subpart N does not apply retroactively to these wastes.
The transportation of USFRS XL waste is strictly controlled and
monitored by USFRS. The generator must contact USFRS whenever it has a
shipment for pick-up. USFRS in turn will contact an approved
transporter to arrange for pick-up of the waste. The approved
transporters will be the sole transporters of these wastes. USFRS will
provide the generator with the Transportation Tracking Document prior
to the date the transporter arrives to pick-up the wastes. The
generator will ensure that the information on the Transportation
Tracking Document is correct. The generator will provide the
Transportation Tracking Document to the transporter. The transporter
will then carry the wastes to USFRS' Roseville, Minnesota facility for
treatment.
The USFRS Roseville facility will handle the USFRS XL wastes as a
hazardous waste and consistent with its hazardous waste permit.\3\
USFRS' treatment of the wastes will consist of treatment to regenerate
the resins and make them amenable for reuse in another canister. USFRS
will handle any residual wastes from the resin regeneration process
according to the RCRA hazardous waste code designation it would have
had if it were not subject to the XL001 designation (i.e., F006 and any
other appropriate waste codes). USFRS will ensure that this hazardous
waste is legitimately recycled through metal recovery.
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\3\ The conditions in proposed new subpart N must be
incorporated into USFRS' hazardous waste permit by the State of
Minnesota. This must be accomplished in time to allow USFRS to have
the revised permit before it installs the resin canisters at its
first generator approved by the agencies.
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This XL Project is limited to USFRS water treatment resin canisters
and their contents after use by a generator. The wastes include the
resins, the wastes contained on or within the resins and any other
wastes contained within the canisters. The wastes include only those
wastes which are generated from processes subject to the RCRA F006
hazardous waste listing.
B. What Problems Has USFRS Identified?
The present RCRA regulatory structure may act as a disincentive for
certain manufacturers to reduce their consumption of potable water. In
particular, electroplaters, metal finishers and other similar
industries use large volumes of water to wash and rinse materials
during the manufacturing process. In most manufacturing processes
today, wash and rinse water is used once, then discarded. This
``single-use'' waste water is usually directed to an on-site waste
water treatment plant where it is treated to levels required by the
Clean Water Act prior to discharge to a POTW or surface waters. This
single-use of water is very wasteful. A great amount of effort and cost
is expended to produce potable water for this single use. Additional
costs are incurred in treating these waste waters prior to discharge.
To minimize single water use and to encourage recycling of rinse
waters, USFRS has developed a water treatment system that uses a resin.
The resin is contained within a cylindrical canister which can be
integrated into a company's existing processes. One gallon of resin can
treat between 500 to 2,000 gallons of waste waters. The regenerated
water can then be directed back to the manufacturing process and
reused. This reduces the amount of potable water that is needed in the
manufacturing process. The resins contained within the canisters can be
regenerated and reused at USFRS' Roseville, Minnesota facility. This
regeneration process produces a regenerated resin and residual wastes
containing metals, such as copper, nickel and zinc (``sludges''). The
regenerated resin may be reused again in water treatment systems. The
residual wastes from USFRS's regeneration process may be recycled to
recover the metals contained within them.
As part of this XL Project USFRS has proposed that it will arrange
for the recycling of the sludges through metal reclamation. USFRS
anticipates that this recycling will be done by another company. USFRS
projects that the recycling of sludges will provide another
environmental benefit since it will result in less wastes being
landfilled. Furthermore, USFRS suggests that the metals that are
recovered may reduce the energy and environmental impacts from mining
and manufacturing of virgin ores.
The proposed new subpart N requires USFRS to recycle the sludges
through metal reclamation. It also requires USFRS to have its recycling
in place prior to initiation of this XL Project. Since USFRS does not
recycle these sludges itself its ability to implement this XL Project
is restricted to the availability of legitimate off-site recyclers who
are willing to accept the sludges. USFRS has indicated that there
presently are not many companies who are willing or able to do such
recycling. It has also indicated that it is committed to finding such a
company and will continue to explore such options.
This XL Project may provide sufficient environmental benefit
without the sludge reclamation requirement. The benefits may derive
from the anticipated increase in the use of the USFRS resins and the
resultant anticipated reduction in the use of potable water for
industrial processes, reduction in discharges to the POTWs and
reduction in the use of chemicals for water treatment. Consequently,
EPA may modify or delete the sludge reclamation requirements in new
subpart N based on the public comments and information submitted during
that period.
The use of water reuse systems such as USFRS's ion exchange system
by electroplaters, metal finishers and similar industries often results
in the resins and canisters being considered a listed hazardous waste
(F006) once the resins have been spent at the manufacturing plant.
However, these resins and the canisters can be
[[Page 50289]]
regenerated at USFRS' Roseville, Minnesota facility. Since the resins
and the canisters may be a RCRA hazardous waste, the manufacturer
incurs additional obligations under RCRA that it would not necessarily
incur if it had not implemented the water reuse system. The additional
regulatory obligations may act as a disincentive to a company's use of
a water reuse system and thus increases the use of potable water.
C. What Solutions Are Proposed by the USFRS XL Project?
To encourage water and waste reduction and recycling, USFRS
proposes that the canisters and resins be temporarily deferred from the
RCRA regulatory requirements contained in 40 CFR parts 261-265, 268,
270, 273 and 279. This temporary deferral would be implemented through
a proposed regulation which designates these wastes by a waste code
different from those identified in 40 CFR part 261 while the waste is
at the approved generator and during its transport to USFRS. This
deferral is premised on the fulfillment of five general requirements.
First, the generator would handle the waste in accordance with specific
standards required by the proposed rule. Second, the waste is
transported only to USFRS' Roseville, Minnesota facility and only by
approved transporters. Third, the generators and transporters are
limited to companies located in Minnesota who pass a preliminary
evaluation by USFRS and are approved by EPA, MPCA and the appropriate
county agencies. Fourth, USFRS handles the waste according to the waste
code designation it would have had but for this proposed rule (i.e.,
F006 and any other appropriate waste code). Finally, USFRS will
recycle, through metals recovery, any metals contained in these wastes.
Presented below is a more detailed discussion of these elements of the
proposed rule and draft FPA.
IV. Comparison of USFRS XL Project With Current RCRA Regulations
A. XL Waste Defined
A definition of ``USFRS XL waste'' is proposed for 40 CFR 266.301.
``USFRS XL waste'' consists of the USFRS used water treatment resin
canisters and their contents from approved USFRS generators within the
State of Minnesota. The USFRS XL wastes include the ion exchange
resins, the wastes contained on or within the ion exchange resins and
any other wastes contained within the water treatment resin canisters.
Spills of USFRS XL wastes by the generator or transporter are
considered USFRS XL waste provided the generator or transporter handles
the spill in accordance with the spill requirements of proposed 40 CFR
266.308(e) and 266.311. The USFRS XL wastes are limited to wastes which
result from processes which would be subject to the RCRA F006 hazardous
waste designation at the point of generation (i.e. waste water
treatment sludges from specified electroplating operations). This
definition of USFRS XL wastes includes only those ion exchange resin
canisters which result in reuse of substantially all of the treated
waste waters in the industrial process. These wastes may also exhibit a
characteristic of hazardous waste as a result of the operations of a
particular company. This definition does not include those ion exchange
resins canisters which result in the disposal of the treated waste
waters, without any reuse of the treated waste waters in the industrial
process. This definition does not include wastes that were generated
prior to the date a generator is added to this USFRS XL Project. USFRS
XL waste while at an approved generator and during transport shall be
identified by the waste code XL001. The XL001 waste designation applies
only to USFRS XL wastes generated by approved USFRS XL waste
generators.
An approved USFRS XL waste generator is a company located in
Minnesota who: has properly identified its wastes and processes; has
passed a preliminary evaluation by USFRS; has not been excluded by EPA,
MPCA and appropriate county agencies; has received notice of approval
from USFRS; and has signed the FPA, and a certification that it has
taken and understood the specific training required by subpart N.
USFRS will assign to approved generators a USFRS Client Number and
USFRS Waste Profile Number for USFRS XL wastes.
B. Substitute Requirements
The RCRA regulations identify specific requirements for persons who
generate, transport, treat, store or dispose of hazardous waste (40 CFR
parts 261-266, 268, 270, 273 and 279). Generators of hazardous waste
are subject to different requirements depending upon the quantity and
type of hazardous waste that they generate or accumulate in a calendar
month (40 CFR 261.5, 262.10(b) and 262.34). The RCRA regulations also
have specific provisions for the management of certain recyclable
materials (40 CFR 261.6). USFRS and approved generators and
transporters of USFRS XL waste must comply with new part 266, subpart N
instead of the regulations contained in 40 CFR 261.5, 261.6(a)(1),
parts 262-265, 268, 270, 273 and 279. Additionally, the USFRS XL waste
generator may exclude the amount of USFRS XL waste it generates when it
is determining whether it is subject to 40 CFR 261.5 or part 262.
Presented below is a summary of the substitute requirements for USFRS
and the approved generators and transporters.\4\
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\4\ Unless otherwise specified, the discussion that follows on
the RCRA requirements focuses on the requirements for large quantity
generators. The USFRS XL Project and proposed new subpart N,
however, applies to all generators, regardless of the quantity of
waste that they generate.
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1. Waste Identification and Characterization
RCRA Requirements. Generators of hazardous waste are required to
properly characterize their wastes as hazardous waste, (40 CFR 262.11).
For listed hazardous waste the generator must determine if it is listed
in subpart D of 40 CFR part 261. For characteristic hazardous waste the
generator may accomplish this characterization either by testing the
waste or applying specific knowledge of the hazardous characteristics
of the waste considering the materials or the processes used.
XL Project Requirements. USFRS XL waste would normally be
considered a listed hazardous waste (F006) and, depending on the
processes, may be considered a characteristic hazardous waste. In order
to determine all of the wastes codes appropriate for a particular waste
stream it would be necessary for a generator to test the waste or have
specific knowledge. In lieu of having this responsibility fall solely
on the generator, this XL Project proposes that USFRS and the customer
will share certain responsibilities.
Pursuant to Sec. 266.306, prior to being accepted into this XL
Project, the customer/potential generator company would properly
identify its processes and chemicals contributing to the water proposed
for treatment in the USFRS resin canisters. It may only identify those
waste streams which meet the F006 listing. The customer will accomplish
this by completing and submitting to USFRS a USFRS XL waste application
form. After being accepted into this XL Project, the customer shall
provide USFRS with prior notification of any changes in its processes.
USFRS will perform a chemical profile analysis, of the customer's waste
stream(s) and processes contributing to the water treated within the
ion exchange resin canisters. USFRS will conduct this analysis in
accordance with the test
[[Page 50290]]
methods identified in its waste analysis plan contained in its RCRA
hazardous waste permit. This waste stream analysis will substitute for
an analysis of the resins after use in the canisters. The analysis will
also ensure that the waste waters are compatible with the ion exchange
resin process and that the wastes are compatible with maintaining the
integrity of the canisters. USFRS will conduct the waste stream
analysis once for each customer prior to accepting a customer into this
XL Project. Once a customer is accepted into the XL Project, USFRS will
repeat the analysis whenever a customer provides it with notice that it
has changed its processes contributing to the USFRS XL waste.
The USFRS XL waste designation will only apply to those water
treatment resin canisters and their contents for processes identified
by the customer, evaluated by USFRS and approved by EPA, MPCA and
appropriate county agencies.
2. EPA Identification Numbers
RCRA Requirements. Persons who generate, transport, treat, store or
dispose of hazardous waste must obtain an EPA identification number,
(40 CFR 262.12 and 263.11).\5\ Generators and transporters receive an
identification number by completing and submitting to EPA a
Notification of Hazardous Waste Activity Form (EPA form 8700-12). The
notification form generally requires the generator or transporter to
identify its name, address, contact person, regulatory status (e.g.,
large quantity generator, small quantity generator, transporter,
treatment, storage or disposal facility, etc.). For a generator, the
type and estimated quantity of hazardous wastes it generates also must
be identified. Generally, it identifies the wastes by specific EPA
wastes codes (``D'', ``F'', ``K'', ``P'' or ``U''). It also requires
the generator to sign the form and certify that the information it is
providing is true, accurate and complete.
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\5\ Persons who qualify as conditionally exempt small quantity
generators are not required to submit a notification to EPA to
obtain an EPA identification number.
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XL Project Requirements. Some of the USFRS XL waste generators and
transporters may have an EPA identification number or submitted an EPA
notification form. These are not required for participation in this XL
project. Instead, USFRS XL transporters and generators will be given a
unique USFRS XL client identification number. Additionally, each
generator's USFRS XL waste will be given a unique waste profile number.
This XL Project has the biggest potential impact on the number of
generators added to the RCRA universe. Some of the potential generators
may have an EPA identification number due to other hazardous waste
activities that they conduct. USFRS anticipates, however, that a large
number of new generators may be added. These generators would not have
an EPA identification number except for their participation in this XL
Project.
USFRS proposes that instead of requiring these generators to submit
a notification form and obtain an EPA identification number, EPA would
accept the USFRS XL waste application form and its unique customer and
process waste stream number. The procedures for adding generators and
transporters to this XL Project are contained in new proposed
Secs. 266.302 and 266.303. USFRS will require all potential generators
to complete a USFRS XL waste application form. The USFRS XL waste
application form will contain information similar to that required on
the Notification Form, except that it will identify the wastes by the
``XL001'' designation in addition to the EPA waste codes. Additionally,
USFRS will assign to each approved generator a unique client number
instead of an EPA identification number. The customer will use this
number whenever it generates and transports off-site USFRS XL waste.
USFRS will also assign to each approved waste stream from the customer
a unique number known as a waste profile number.
After receiving the approval of EPA, MPCA and appropriate county
agencies, USFRS will provide its customer with an approval letter.
Pursuant to new proposed Sec. 266.319(c), USFRS will maintain a
list of the approved customers and generators \6\. USFRS will include
on that list the customer name, the USFRS client and waste profile
numbers, a summary of the results of the USFRS profile analysis and the
process waste streams approved for participation in the XL Project.
USFRS will have that list available at its Roseville, Minnesota
facility and will provide that list to EPA and MPCA on a quarterly
basis \7\. If any of the customer information is claimed as
confidential business information or trade secrets USFRS will indicate
that fact and notify EPA and MPCA. EPA will treat such material in
accordance with 40 CFR part 2.
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\6\ A distinction is made in the rules between an approved
customer and an approved generator. They are essentially the same
with the only difference being that a customer is not automatically
a generator. A customer becomes a generator when it first generates
or causes to be regulated USFRS XL waste.
\7\ USFRS will also have a list of the approved transporters,
see proposed Sec. 266.319(c).
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EPA believes that USFRS' proposed system for notifying and tracking
USFRS XL waste transporters, customers and generators is an acceptable
replacement for the EPA notification and identification number
requirements otherwise imposed upon hazardous waste generators under 40
CFR part 262. Additionally, EPA believes that this method may allow for
better tracking of the progress and benefits associated with this XL
Project since generators and their waste streams will be identified by
unique codes instead of the generic site-wide EPA identification
number. From an administrative perspective it may be better for all
USFRS XL waste not to have a unique EPA identification number since a
large percentage of these generators may have the need for such number
only because of their participation in this XL Project. Once their
participation ends so too would the need for the EPA identification
number. This in and of itself is not a justification to replace the
notification and EPA identification requirements. However, since USFRS
will track the shipments of USFRS XL waste according to the unique
USFRS customer and waste stream number and will provide EPA with a list
of those customers EPA is receiving the same information without adding
companies to the RCRA data base. Additionally, the USFRS tracking may
be an improvement on the present hazardous waste tracking system since
that system does not track the source of the waste streams. Finally,
since this XL Project is limited in time and a participant may revert
to a non-regulatory status once it quits this XL Project EPA believes
that allowing a substitute to the notification and EPA identification
number would be acceptable and may save the Agency resources.
3. Uniform Hazardous Waste Manifest
RCRA Requirements. The Uniform Hazardous Waste Manifest
(``manifest'') is used to track hazardous waste from its point of
generation to its destination, often referred to as the ``designated
facility.''
Generally, hazardous waste generators must use the manifest when
hazardous waste is transported offsite, (40 CFR 262.20(a)).\8\
Instructions for the manifest
[[Page 50291]]
require that the generator provide information about the wastes'
handlers including the name of the transporter and the designated
facility, and a description of the hazardous waste being transported.
The generator must sign the manifest certifying that a waste
minimization program is in place, and that the waste is properly
packaged, marked, labeled and placarded.
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\8\ A substitute for the manifest is allowed for certain
generators of small quantities of hazardous waste, see 40 CFR
262.20(e) and a manifest is not required for conditionally exempt
small quantity generators, see 40 CFR 261.5.
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Each time a waste is transferred (e.g., from one transporter to
another, or from a transporter to the designated facility), the
manifest must be signed to acknowledge receipt of the waste. A copy of
the manifest is retained by each individual in the transportation
chain. Once the waste is delivered to the designated facility, the
owner or operator of that facility must sign and return a copy of the
manifest to the generator. The generator must submit an exception
report to the EPA Regional Administrator if he or she still has not
received the manifest after specified time periods (45 days for large
quantity generators, and 60 days for small quantity generators). The
generator, transporter, and the designated facility must each keep
copies of the manifest for three years.
Generators are also prohibited from offering hazardous waste to
transporters or treatment, storage or disposal facilities that do not
have an EPA ID number.
XL Project Requirements. USFRS will ensure that USFRS XL waste
reaches its destination by applying strict transportation routing and
tracking requirements to the transportation of USFRS XL waste from
generators, its use select approved transporters and the use of a USFRS
Transportation Tracking Document. Proposed subpart N accomplishes this
by directly imposing these requirements on USFRS and its generators and
transporters (proposed Sec. 266.310). The requirements are summarized
below.
USFRS will control the transportation and routing of the USFRS XL
wastes from a generator and its transporters. All USFRS XL waste
generators must use a USFRS XL waste approved transporter to transport
the USFRS XL waste. The USFRS XL waste must be sent to USFRS'
Roseville, Minnesota facility. The generator must contact USFRS when it
wants to transport its USFRS XL waste. USFRS's Roseville facility has a
dedicated shipping department. That department will arrange with a
USFRS XL waste approved transporter to pick-up the generator's USFRS XL
waste within 30 days of receipt of the generator's request. USFRS'
shipping department will complete the USFRS Transportation Tracking
Document and provide it to the generator with a copy to USFRS's lab.
USFRS will include on the Transportation Tracking Document information
required by these new rules. USFRS will provide the generator with the
Transportation Tracking Document prior to the transporter arriving at
the generator's site to pick up the waste.\9\
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\9\ Proposed Sec. 266.310(a) requires USFRS to provide the
Transportation Tracking Document to the generator prior to the
arrival of the transporter at the generator. Although a specific
number of days in advance is not specified in the rule it is
expected that USFRS will provide the Transportation Tracking
Document with enough time for the generator to review the document
to ensure it is accurate and can make any necessary revisions. USFRS
anticipates that it will usually provide the Transportation Tracking
Document within 3 days of receiving a request from the generator to
pick-up its USFRS XL waste.
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USFRS's transporters must transport the USFRS XL waste to USFRS's
Roseville, Minnesota facility within 30 days of USFRS's contacting the
transporter to collect the USFRS XL waste from the generator. USFRS's
lab will track the receipt of the USFRS XL waste identified on the
Transportation Tracking Document. The proposed rules require the USFRS
XL waste to be transported to the USFRS Roseville, Minnesota facility
within 30 days of its pick-up. USFRS has indicated that this 30 days
may be necessary to facilitate scheduling shipments of XL waste in an
efficient manner. A USFRS transporter may store or arrange to store a
shipment of USFRS XL waste during that 30 day period, provided however,
it may only do so for a 10 day or less period without triggering the
facility requirements in sections 264, 265, 268 and 270 of RCRA. This
10 day limitation on the storage of USFRS XL waste by the transporter
mirrors the limitations on storage by transfer facilities contained in
section 263.12.
If the shipment is not received by USFRS within 30 days of the
USFRS transporter picking it up at the USFRS generator, USFRS will
contact the transporter to determine the disposition of the load. If
USFRS does not receive the shipment within 5 days of its scheduled
arrival date, it will notify EPA, MPCA and appropriate county agencies.
USFRS will send copy of the Transportation Tracking Document to the
USFRS generator within 5 days of USFRS' receipt of the XL001 waste from
the transporter.
USFRS will use its own trucks or those of approved transporters to
transport USFRS XL waste to USFRS's Roseville facility. USFRS has a
strict program in place for selection of qualified transporters. USFRS
contracts only with transporters who have met USFRS quality control
requirements. USFRS requires its transporters to have an EPA
identification number and a current satisfactory rating from the USDOT.
This rating is the highest rating available and includes an assessment
of the safety record of the transporter and its drivers and the
condition of the trucks. Additionally, USFRS requires its USFRS XL
waste transporters to have a Minnesota registration to transport
hazardous waste. Proposed Sec. 266.303(c) and (d) incorporates these
USFRS requirements as part of the preliminary evaluation that USFRS
must conduct prior to proposing a transporter to USEPA. The proposed
rules allow USFRS to propose any transporter, including common
carriers, as a participant. However, the transporter must be approved
by USEPA prior to being accepted , must have a satisfactory USDOT
safety rating and must complete training on the proper handling of the
USFRS XL waste and compliance with subpart N. USFRS will assign to each
transporter a unique USFRS client identification number. This number
will be used on the Transportation Tracking Document.
In lieu of the manifest, USFRS, its transporters and generators
will use a USFRS Transportation Tracking Document when transporting the
USFRS XL waste from the generator to USFRS's Roseville facility. USFRS
has provided EPA with a draft Transportation Tracking Document for use
with this XL Project. The draft Transportation Tracking Document
contains information similar to the information contained on the
manifest. Instead of an EPA identification number the generator will
use its USFRS client and waste profile numbers and the XL001 code to
identify the USFRS XL wastes it is shipping. The transporter will also
use its unique client identification number. The Transportation
Tracking Document does not contain the waste minimization statement
normally found on the manifest. The Agency believes that such a
statement is not needed since the participants to this XL project have
already committed to waste minimization, and therefore will be
minimizing the water used and potentially other chemicals. Furthermore,
as signatories to the FPA participants are certifying their intent to
reduce the amount of waste that would be disposed. Proposed
Sec. 266.310 and the definition of the USFRS XL Waste
[[Page 50292]]
Transportation Tracking Document contained in proposed Sec. 266.301
requires that USFRS obtain EPA approval of the Transportation Tracking
Document prior to using the Transportation Tracking Document and
whenever it proposes to revise it. EPA proposes to approve the draft
Transportation Tracking Document provided by USFRS. Pursuant to
proposed Secs. 266.319(d), 320 and 321 USFRS, the transporter and the
generator(s) will retain a copy of the Transportation Tracking Document
for three years for each shipment of XL wastes that it receives at its
Roseville, Minnesota facility.
This project shifts the burden of tracking the shipments from the
generator to USFRS. Consequently, pursuant to proposed Sec. 266.310(a),
USFRS, not the generator, will assume responsibility for any exception
reports. With this XL Project the generator must use USFRS or one of
its approved transporters to transport the XL wastes. USFRS will track
the receipt of the shipments at its Roseville, Minnesota facility.
Since USFRS will only use approved transporters and it completes and
tracks each generator Transportation Tracking Document, USFRS will know
of any shipment that is not received at its Roseville facility. USFRS
will use a shorter time period--five days--to gauge whether it is
necessary to take further steps to locate a shipment. If USFRS is
unable to locate the shipment within five days it will then notify EPA,
MPCA and appropriate county agencies of that fact. This XL Project is
more stringent than RCRA since it requires a preliminary evaluation of
the transporters, directs the shipments to only one facility; and
requires notice of lost shipments at an earlier time.
4. Pre-Transport and Transportation Requirements
RCRA Requirements. RCRA establishes pre-transportation and
transportation requirements for generators and transporters of
hazardous waste. The generator must properly package (40 CFR 262.30),
label (40 CFR 262.31), mark (40 CFR 262.32) and placard (40 CFR 262.33)
hazardous waste. These rules incorporate by reference the requirements
for packing, labeling, marking and placarding contained in the US DOT
regulations for transportation of hazardous materials found at 49 CFR
parts 172, 173, 178, and 179. Generators must also mark containers of
110 gallons \10\ or less of hazardous waste as follows (40 CFR
262.32(b)):
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\10\ The USDOT regulations have increased the size of the
containers from 110 gallons to 119 gallons. EPA's regulations
presently retain the 110 gallon size.
``HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If
found, contact the nearest police or public safety authority or the
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U.S. EPA.
Generator's Name and Address------------------------------------------
Manifest Document Number''--------------------------------------------
The transporter of hazardous waste must have an EPA identification
number, (40 CFR 263.11); accept hazardous waste only with an
accompanying manifest, sign and retain a copy of the manifest, and
ensure the manifest accompanies the shipment of hazardous waste, (40
CFR 263.20); and ship the hazardous waste to the designated facility or
next designated transporter, (40 CFR 263.21). Additionally, if a spill
occurs during the shipment of the hazardous waste, then the transporter
must take appropriate immediate action to protect human health and the
environment, clean up the release and notify the National Response
Center and the Department of Transportation when required, (40 CFR
263.30 and 31).
XL Project Requirements. Under this XL Project, USFRS or an
approved USFRS transporter will transport the USFRS XL wastes from the
generator to the USFRS Roseville, Minnesota facility. USFRS has an EPA
identification number and a hazardous waste permit. USFRS approved
transporters will have a current satisfactory safety rating from USDOT
and a unique USFRS customer identification. All transporters will use
the USFRS Transportation Tracking Document. Pursuant to proposed
Secs. 266.308(c) and 309 the transporters and generators will ensure
the USFRS XL wastes have affixed to the ion exchange resin canisters
the following warning statement which will be provided by USFRS:
XL001 wastes--USFRS ion exchange resin canister wastes-Federal
Law Prohibits Improper Disposal. This is USFRS XL waste from (insert
XL waste generator's name). Handle as a hazardous waste and ship
only to USFRS located at 2430 Rose Place, Roseville, MN. This waste
was placed in this container on (date) and placed in storage at
(insert USFRS XL waste generator's name) on (insert date). If found,
contact USFRS and the nearest police, public safety authority, EPA
or MPCA. The USFRS telephone number is (insert phone number). USFRS
Transportation Tracking Document Number ____________''If spilled
immediately contain the spill and prevent it from going into any
water body; collect the spilled material and place in a 55 gallon
steel drum; contact USFRS and the nearest police, public safety
authority, EPA or MPCA.
USFRS will supply these labels to the generator at the same time as
it provides the generator with the USFRS Transportation Tracking
Document. The transporters will ensure that these labels are affixed to
the containers during transport and that the XL wastes are within an
approved container.
5. Accumulation and Storage Prior to Shipment
RCRA Requirements. Generators of hazardous waste are allowed to
accumulate hazardous waste on their property from between 90 to 270
days, depending on the quantity of wastes, (40 CFR 262.34). The
generators may accumulate the hazardous waste in containers, tanks,
drip pads or containment buildings, provided each of these units meets
specific requirements for the safe storage of hazardous wastes, (40 CFR
262.34). Generally, these ``safe storage'' standards are grouped into
four broad categories of requirements: Use and Management of
Containers, Preparedness and Prevention, Contingency Plan and Emergency
Procedures and Personnel Training.
The container management standards require the generator to store
the hazardous waste in containers which are in good condition,
compatible with their contents and closed during storage (40 CFR
262.34(a)(1)(i) and 265.171, 172 and 173). The generator must meet
special requirements for ignitable, reactive or incompatible wastes (40
CFR 262.34(a)(1)(i) and 265.176 and 177). The generator is required to
inspect the condition of the containers on a weekly basis (40 CFR
262.34(a)(1)(i) and 265.174). The generator must also control volatile
emissions from the containers (40 CFR 262.34(a)(1)(i) and 265.178). If
the generator uses process vents or there is the possibility of air
emissions from the containers, then the generator must comply with
applicable special requirements contained in part 265, subparts AA, BB
and CC \11\.
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\11\ Similar requirements apply to hazardous waste stored in
tanks (40 CFR 262.34(a)(1)(ii)), stored on drip pads (40 CFR
262.34(a)(1)(iii)), and/or placed in containment buildings (40 CFR
262.34(a)(1)(iv).
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The preparedness and prevention standards require the generator to
maintain and operate the storage area so as to minimize the possibility
of fire, explosion or any unplanned sudden or non-sudden release of the
hazardous waste (40 CFR 262.34(a)(4) and 265.31); to have, where
necessary, certain equipment such as communication devices to notify
facility personnel and local emergency responders of emergencies, fire
extinguishers and an adequate supply of water or foam (40
[[Page 50293]]
CFR 262.34(a)(4) and 265.32); to routinely test and maintain such
equipment (40 CFR 262.34(a)(4) and 265.33); to have such equipment
accessible to facility personnel (40 CFR 262.34(a)(4) and 265.34); to
have adequate aisle space to allow for access in the case of fire or
spills (40 CFR 262.34(a)(4) and 265.35); to make arrangements with
local emergency response authorities (e.g., police, fire and
hospitals), as necessary, to familiarize them with the hazards posed by
the hazardous wastes (40 CFR 262.34(a)(4) and 265.37); and to have a
contingency plan designed to minimize the hazards from the fire,
explosion or unplanned sudden or non-sudden release of hazardous waste
(40 CFR 262. 34(a)(4) and 265.51) \12\.
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\12\ Small quantity generators are required to implement a
modified contingency plan, 40 CFR 262.34(d)(5)(i).
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The Contingency Plan and Emergency Procedures standards require the
contingency plan to include: the actions facility personnel would take;
the arrangements made with local emergency responders; the name,
address and telephone number of the generator's emergency coordinator;
a list of the emergency equipment and an evacuation plan, (40 CFR
262.34(a)(4) and 265.52). The generator must have an emergency
coordinator available or on call at all times, (40 CFR 262.34(a)(4) and
265.55). In the case of an imminent or actual emergency, the emergency
coordinator must undertake certain emergency procedures. Those
procedures require the emergency coordinator to activate internal
alarms; notify appropriate state or local emergency responders; assess
the nature, rate and extent of any release; take actions to ensure the
releases do not occur, recur or spread; monitor for leaks; provide for
proper treatment or disposal of the released hazardous wastes;
segregate incompatible wastes; and notify EPA and the state of the
emergency, (40 CFR 262.34(a)(4) and 265.56) \13\.
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\13\ Small quantity generators accumulating waste must comply
with the emergency procedures found at 40 CFR 262.34(d)(5)(iv)
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The Personnel Training standards require the generator to have
adequately trained personnel to handle the hazardous wastes, to comply
with the requirements of RCRA, and to appropriately respond to
emergencies (Secs. 262.34(a)(4) and 265.16 (a) and (b)). The generator
must retain records of who has been trained, their job title and job
description, and a description of the training they have taken
(Secs. 262.34(a)(4) and 265.16(d)). The generator's hazardous waste
personnel must annually review their training (Secs. 262.34(a)(4) and
265.16(c)) \14\.
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\14\ Small quantity generators must conduct personnel training,
40 CFR 262.34(d)(5)(iii).
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XL Project Requirements. The USFRS XL wastes are contained within
the resin canisters. These canisters are sealed units. The canisters
have an inlet and outlet port. These ports may be sealed once the
canisters are disconnected from the generator's processes. The
canisters are leak proof, and able to withstand certain temperatures
and certain height drops.
The wastes contained in the canisters will consist of the spent
resins and wastes accumulated on them. The hazardous wastes found on
the resins will be metals. USFRS does not anticipate the canisters will
have any volatile chemicals in them. The resins and wastes will be
neither combustible, reactive nor explosive. They are compatible with
the cylindrical canisters. The resins are tiny pellets with the metals
adhering to them via chemical attraction. The metals may not be
physically capable of separation unless they come into contact with
acids or caustic chemicals.
Given the nature of the USFRS XL waste, this XL Project's
accumulation and storage standards focus on proper training, use and
management of the containers and prevention of exposure. It imposes
more stringent use and management standards. In exchange for this
increased stringency it tailors and reduces the training, preparedness
and prevention and contingency plan requirements normally found in RCRA
to just the specific needs presented by handling of the USFRS XL waste.
The accumulation and storage requirements are contained in proposed
Sec. 266.308. The proposed rule requires the generator to store its
USFRS XL waste on an impervious surface. Pursuant to Sec. 266.302(c),
prior to accepting a customer into this XL Project, USFRS will obtain
from its customers the waste application form. This form will provide
information on the location and condition of the proposed storage area.
This information will be supplied on a site engineering form which
USFRS developed and submitted as part of the waste application form.
The generator will indicate on the site engineering form the location
and construction of the storage area for the canisters. Prior to
accepting a generator into this XL Project, USFRS will review the site
engineering form and inspect the potential generator's storage area to
determine if it is impervious. USFRS will only propose to EPA for this
XL Project persons who, among other things, have an impervious storage
area. Upon request, USFRS will provide a copy of the customer's site
engineering form and the results of USFRS' evaluation of the customer
to EPA, MPCA and appropriate county agencies.
The proposed rule limits the generator to less than 90 days for the
on-site storage of its USFRS XL waste. The generator must store the
USFRS XL wastes in the water treatment resin canisters and separately
from its other wastes or materials, including explosive or ignitable
wastes or materials. The generator will ensure that the canisters are
closed and disconnected from the process(es). It will place on the
canisters a label which indicates its name and location, contents of
the canister and the date the canister was placed in storage. The
generator will ensure that there is adequate aisle space to determine
the condition of the canisters and to respond to any leaks from the
canisters during their storage. The generator will inspect the
condition of the canisters weekly while they are stored on-site. The
generator will maintain a log of these inspections. The log will
indicate the date the canister was placed in storage, the condition of
the canister, the date of the inspection, the person conducting the
inspection and the condition of the canisters and the storage area at
the time of the inspection.
Pursuant to proposed Sec. 266.313, the generator will retain the
ability to legally treat or dispose of its wastes contributing to its
USFRS XL waste stream in the event that it is no longer a participant
in this XL Project. In most cases this will mean that the generator
would have to make arrangements with its local POTW whereby the POTW
would agree to take the generators' wastewater on 60 days notice. The
POTW serving the Counties of Anoka, Hennepin, Ramsey, Washington,
Dakota, Carver and Scott, known as the Metropolitan Council of
Environmental Services (MCES) has advised EPA that it will be able to
accept the wastewater of those generators who participate in this XL
Project in its district on 60 days notice.
Generators will comply with tailored closure requirements of
proposed Sec. 266.312. If and when a generator's participation is
terminated in this XL Project, USFRS will pick up all of the
generator's canisters. Generally, proposed Sec. 266.315 provides USFRS
and the generator sixty days to complete the closure activities
required by proposed Sec. 266.312. USFRS will collect the generator's
USFRS XL waste within thirty days of notice of the customer's
[[Page 50294]]
discontinuance in the program. The generator will remove from the
storage area any USFRS XL wastes and clean any related contamination.
The generator will retain records of all activities it has undertaken
to decontaminate its storage area and equipment.
Within the same sixty days, the generator will provide USFRS with
access to visit the generator. The purpose of this access is to allow
USFRS to determine if all of the USFRS XL waste has been removed. USFRS
has developed a systems discontinuation form that it will use to
document its visual observations during this visit. Pursuant to
proposed Sec. 266.312(b) USFRS will provide a summary of its
observations at the generator of the condition of the storage area and
the removal of all USFRS XL Waste. USFRS may use its systems
discontinuation form. USFRS will provide the summary to the customer to
EPA, MPCA and appropriate county agencies. Pursuant to Secs. 266.319(d)
and 266.320 USFRS and the USFRS XL waste generator will maintain
records of their compliance with the requirements of Sec. 266.312,
including a copy of the systems discontinuation form or its EPA
approved equivalent summary.
Abbreviated closure requirements are specified in proposed
Sec. 266.314 for those companies who have not generated USFRS XL wastes
at the time their participation is terminated. All that is required of
these companies is that notice of their termination is provided and
that they implement the alternative treatment or disposal required by
Sec. 266.313. This truncated closure is appropriate for these companies
(i.e., USFRS XL waste approved customers) because at the time of their
termination they will not have generated any USFRS XL waste.
Consequently, the requirements related to decontamination and off-site
shipment contained in proposed Sec. 266.312 are not appropriate.
Proposed Sec. 266.308(e) specifies the generators responsibilities
for spilled or leaked USFRS XL waste on-site. If there is a leak or
spill of USFRS XL waste in the generator's storage area, then the
generator will immediately contain and collect the wastes. It is
anticipated that the spilled or leaked materials may consist of water
and/or resins. The generator will place spilled or leaked resins in a
55 gallon steel drum which is compatible with the spilled or leaked
resins. When allowed by the local POTW, the generator will direct water
spilled from the canisters to its drainage system for permitted
discharge to the local POTW, and notify the POTW. Otherwise, the
generator will place the spilled or leaked water and resin from the
canister(s) in a steel 55 gallon drum which is compatible with the
spilled or leaked water and resin. The generator will store and label
the spilled or leaked USFRS XL wastes in accordance with the
requirements for USFRS XL wastes. The generator will notify USFRS and
MPCA of the spill or leak and arrange with USFRS for the transport of
any such spilled or leaked USFRS XL wastes with the next scheduled
shipment of USFRS XL wastes.
This XL Project and the proposed rule do not impose on the
generator a requirement for an internal communication device. It
eliminates the need for fire extinguishers, water or foam. It also
eliminates the written contingency plan and an emergency coordinator at
the generator. Instead, proposed Sec. 266.308(i) requires the generator
to have an external communication device, such as a telephone. It also
requires in proposed Sec. 266.308(a) and (b) that the generator store
the wastes in a manner which should all but eliminate the potential for
a release to the environment or an emergency. In particular, it
requires the generator to segregate the USFRS XL wastes from other
wastes and to store it on an impervious pad. Proposed Sec. 266.308(d)
and (e) require the generator to inspect the storage area on a weekly
basis and to immediately respond to spills or leaks of the USFRS XL
waste.
Prior to generating any USFRS XL waste, pursuant to proposed
Sec. 266.308(h) the generator must designate a contact person
responsible for handling the USFRS XL wastes and responding to any
releases of the wastes. It also requires USFRS to provide that person
with adequate training on how to handle the USFRS XL waste and any
releases. USFRS is required to provide each company (generators and
transporters) with adequate training through the use of a training
module (``USFRS training module''). USFRS may use any recorded
communication media that it believes is appropriate for the training
module (e.g., printed brochures, videos, etc.) Pursuant to proposed
Sec. 266.304 USFRS will submit this module to EPA, MPCA and the
appropriate county agency early enough such that it may obtain the
necessary approvals prior to accepting the first shipment of USFRS XL
waste. Further, pursuant to the proposed rule, the USFRS training
module will, at a minimum, identify the hazards presented by the USFRS
XL waste, the steps needed to install and replace the ion exchange
resin canisters, the requirements imposed by these rules, the
procedures to follow in the event of a release of the USFRS XL wastes
and the proper procedures to decontaminate equipment, structures and
material in the event that the generator no longer participates in the
XL Project. Prior to approving a person as a participant into the USFRS
XL Project, USFRS will obtain a signed certification from that person.
The certification will state that the person has reviewed, viewed or
read the training materials and agrees to follow it. As part of this
certification the potential generator will identify the individual
responsible for its compliance with the conditions of these rules, the
individual's job title and a description of his or her duties.
Pursuant to proposed Sec. 266.305, USFRS will provide every
potential generator with a material safety data sheet (``USFRS MSDS'')
for the resin contained in the canister. USFRS will provide this at the
time the company applies to USFRS for participation in this Xl Project.
The USFRS MSDS will comply with the requirements for MSDS imposed by
the Occupational Safety and Health Administration (OSHA) ). Pursuant to
proposed Sec. 266.308(h) the generator will maintain and exhibit in a
prominent location a copy of the USFRS MSDS on its property and will
provide a copy of it to local police and fire departments and to the
local hospital. USFRS will ensure that the MSDS prominently instructs
individuals in the proper handling and emergency response procedures
for handling spills or leaks of the USFRS XL wastes at the generator or
while in transit to USFRS. The USFRS MSDS will also accompany each
shipment of USFRS XL wastes.
If an imminent or actual emergency occurs which threatens the
release of USFRS XL waste at the generator site, then the generator
will notify the EPA, MPCA, USFRS and the appropriate local emergency
responders and county agencies. The generator will take actions to
ensure the releases do not occur, recur or spread; contact USFRS to
arrange for the transport and disposal of the USFRS XL wastes; and make
a written recording of the event and its actions in response to such
event.
6. Reporting and Recordkeeping Requirements
RCRA Requirements. Generators of hazardous waste must complete and
submit certain reports and documents. Generally, the RCRA regulations
require the generator to retain these reports or documents for three
years. The generator must retain copies of all manifests for three
years, (40 CFR 262.40). Under federal requirements,
[[Page 50295]]
only large quantity generators must complete and retain copies of a
biennial report of hazardous waste activity, (40 CFR 262.40(b) and 41).
In the State of Minnesota, the requirement is for an annual report.
The annual report generally requires the generator to identify for
that calendar year the amount and type of hazardous waste that it
generated and transported off-site. It requires the generator to
identify the transporters and facilities that it used for its hazardous
waste transport, treatment and disposal. It also requires the generator
to identify the efforts it has taken during the year to reduce the
volume and toxicity of wastes produced. The generator must also keep
records of all waste analyses or similar determinations of the
characteristics of its hazardous wastes, (40 CFR 262.40(c)). Generators
who store hazardous waste on-site in containers, tanks, drip pads, or
containment buildings must also have a contingency plan on-site and
provide copies to State and local responders (40 CFR 262.34(a)(4) and
265.53). They must report to EPA any emergency and retain a copy of
such reports (40 CFR 262.34(a)(4) and 265.56(j)).
XL Project Requirements. Proposed Secs. 266.319, 320 and 321
present the recordkeeping and reporting requirements for USFRS, the
generators and transporters. Under the proposed rules, the generator
will not be required to retain copies of the waste analysis or annual
reports. Instead the burden will shift to USFRS to retain equivalent
information to that contained within these reports. In particular,
USFRS will retain for three years a copy of all approval letters to its
approved customers and generators of USFRS XL wastes; any
correspondence with its approved customers or generators relevant to
their participation in this XL Project; a copy of the approved
customer's and generator's XL Waste application form, site engineering
form, summary of its generator closure review pursuant to Sec. 266.312;
waste analysis, and its review analyses of the approved customer's or
generator's storage area; and the Transportation Tracking Document for
each shipment of USFRS XL waste.
Each generator will be required to retain for three years records
of any spill or emergency notifications and other duties imposed
pursuant to proposed Sec. 266.308(g); the signed FPA, certification;
its weekly inspection log required by Sec. 266.308(d); its compliance
with the training requirements of Sec. 266.308(h); and its records of
compliance with the decontamination requirements of Sec. 266.312.
Each transporter will retain for three years a copy of the USFRS XL
Waste FPA, its certification; a copy of the signed Transportation
Tracking Document for USFRS XL waste it transported; and its record of
any notification of spills or leaks of USFRS XL wastes required by
Sec. 266.311.
In addition to the records listed above, USFRS will develop and
submit certain additional reports, lists and documents. Many of these
reports and documents are in lieu of requiring the same or similar
information from its customer (e.g., annual reports or contingency
plan). The reporting requirements are presented in proposed
Sec. 266.319 according to their frequency: annual reports (proposed
Sec. 266.319(a)), semi-annual reports (proposed Sec. 266.319(b)) and
quarterly reports (proposed Sec. 266.319(c)). A summary of each report
is presented below.
Quarterly reports are presented in proposed Sec. 266.319(c) and
consist of status reports on generator and transporter participation in
the XL Project. Separate lists, with similar information, will be
reported for each. The generator list is summarized in this paragraph.
USFRS will identify on the XL participant list information on its
preliminary evaluation of the transporters and generators, the dates of
EPA, MPCA and appropriate county approvals, the effective date of a
company being added to the USFRS XL Project and any termination date.
For the generators, USFRS will also include a summary of USFRS's
profile analysis, the generator's process waste streams approved for
participation in the XL Project and the condition of the customer's
storage area at the time of its application to USFRS. For generators
who discontinue participation in this XL Project, USFRS will include on
the XL generator list the date of the notice of termination of its
participation, the date USFRS removed the last ion exchange canister,
and the date of the USFRS review of the generator's decontamination
efforts. USFRS will update the XL participant list as persons are added
to or eliminated from this XL Project. USFRS will have the XL generator
list available for review by EPA or MPCA at its Roseville, Minnesota
facility. USFRS will send a copy of the XL generator list to EPA, MPCA
and appropriate county agencies on a quarterly basis.
The annual report requirements are presented in proposed
Sec. 266.319(a) and are intended to provide a substitute for the
hazardous waste biennial report. USFRS will provide an annual report on
all USFRS XL wastes. USFRS will include in the annual report, at a
minimum, each USFRS XL waste generator, the quantity of USFRS XL waste
that USFRS received from each generator during the calendar year and a
certification by USFRS that those wastes were treated at USFRS in
accordance with the requirements imposed by new part 266, subpart N.
USFRS will include information on the amount of metals it reclaimed and
recycled from the resins.
USFRS will develop and track certain information that will be used
to determine the environmental benefits derived from the USFRS XL
Project. From the generators USFRS will report on an annual basis the
following information: the amount of water recycled by the generators,
the pretreatment chemicals and energy the generators did not use as a
result of participating in this USFRS XL Project, the amount of water
discharged to the local POTW before and during this project, the amount
of sludge recovered by USFRS before and during this project, the amount
of sludge recovered instead of being disposed by a generator (if the
generator disposed of the sludge prior to participating in this
project), the quantity of material (ion exchange resins, other
wastewater treatment sludge, residues) collected from each facility
(monthly), the frequency of canister replacement in terms of process
volume, the constituents in the material (ion exchange resins,
wastewater treatment sludge, residues) collected at each facility
(e.g., recoverable metals, contaminants/non-recoverable materials), and
constituents in the material (ion exchange resins, wastewater treatment
sludge, residues) disposed by each facility (e.g., contaminants/non-
recoverable material).
USFRS will report on an annual basis the following information from
its facility: quantity of material (ion exchange resins, wastewater
treatment sludge, residues) to be processed, quantity of metals
recovered, the constituents of the recovered material (ion exchange
resins, wastewater treatment sludge, residues), quantity and
constituents of the non-recoverable material (ion exchange resins,
wastewater treatment sludge, residues) and how it was disposed.
USFRS shall report on an annual basis the following information
from the metal reclamation facility it uses to recycle sludges: the
quantity of each metal recovered.
Pursuant to proposed Sec. 266.319(b), USFRS will collect and report
on a semi-annual basis financial information related to the costs and
savings realized
[[Page 50296]]
as a result of implementation of this project and sufficient
information for EPA to determine the amount of superior environmental
benefit resulting from this project. Pursuant to proposed
Sec. 266.319(b)(1), the report will contain information which includes,
but is not limited to: 1. The volume of waste collected and recycled,
2. The amount of metals recycled, 3. The volume of recycled material
sold to others, 4. Data regarding the management of the ion exchange
canisters, 5. The constituents of the sludge and 6. Information
regarding how the sludge and residues are managed.
Additionally, proposed Sec. 266.319(b)(2) requires USFRS to report
certain financial information related to implementation of this XL
Project. It specifies that USFRS will collect baseline and XL costs.
The baseline costs shall be calculated using two scenarios: 1. typical
charges (prior to the XL Project) for pretreating and disposing
effluent wastewater under the applicable Clean Water Act requirements
and the costs for manifesting, transporting and disposing of F006
sludges; and 2. typical charges that would be incurred if wastes were
recycled in compliance with RCRA and requirements for manifesting and
transportation of those hazardous wastes (including tax obligations
under both scenarios). The XL costs will include the current costs to
the generator for completing bills of lading, the current
transportation costs for XL wastes, the generator's cost to install the
ion exchange canisters, and the cost to USFRS of metals reclamation
off-site (including costs associated with transportation and disposal).
USFRS will compare the baseline costs to the XL costs and provide an
analysis of whether the project is resulting in cost savings for the
generators and which aspects of the XL Project produce these savings.
7. Additional Requirements Imposed on USFRS
RCRA Requirements. Companies which treat, store or dispose of
hazardous waste must comply with a permit issued for such activities.
The permit will contain the specific requirements which the company
must meet.
XL Project Requirements. USFRS has a RCRA permit which allows it to
receive the USFRS XL wastes. Pursuant to proposed Sec. 266.307 once
USFRS receives the USFRS XL waste at its Roseville, Minnesota facility,
the waste will lose its USFRS XL waste designation (XL001) and must be
handled as a fully regulated hazardous waste (i.e, as F006 and any
other applicable hazardous waste code designation). USFRS will
determine the appropriate designation of the waste based on its waste
profile analysis and knowledge of the waste stream. USFRS will comply
with all terms and conditions of its RCRA permit for handling these
hazardous wastes. USFRS will also be responsible for the conditions and
terms identified in items 1-6 above as applicable to USFRS--e.g., waste
profiling, use of the Transportation Tracking Document, generator
annual report, training module, MSDS, discontinuation review of the
customer, and transportation of waste to the Roseville, Minnesota
facility. USFRS will arrange for the recycling through metals recovery
of the metals which are contained in the generator's USFRS XL wastes.
Pursuant to proposed Sec. 266.307(b) USFRS may not accept any customers
into this Project unless and until it has arranged for recycling of the
metals contained in the XL001 wastes it receives. This rule further
requires USFRS recycle the metals contained in the XL001 waste it
receives throughout the duration of the XL Project.
To ensure proper coordination of responses to spills, leaks or
emergencies of USFRS XL waste at the generator or while in transit,
proposed Sec. 266.307(c) requires USFRS to have a spill response
coordinator. This person will receive all calls from generators and
transporters regarding spills, leaks or emergencies related to the
USFRS Xl wastes. This person shall also be responsible for coordinating
the proper response to such spills, leaks or emergencies.
V. How the USFRS XL Project Will Result in Superior Environmental
Performance
A. What Regulatory Changes Will be Necessary to Implement this Project?
1. Federal Regulatory Changes
The purpose of today's proposed regulatory changes are to provide
generators and transporters of USFRS XL waste with alternative
requirements for the proper handling and transportation of those
wastes. The USFRS XL wastes are F006 hazardous wastes. Additionally,
some of this F006 waste may be characterized as characteristically
hazardous waste (i.e., ``D'' wastes) depending on the concentration of
the constituents in the waste streams at each individual generator.
Consequently, the USFRS XL wastes would be subject to the requirements
of 40 CFR parts 261-265, 268, 270, 273 and 279. However, today's
proposal would provide the USFRS XL wastes with a separate waste code
while they are at approved generators and transporters. It also
proposes to substitute tailored management requirements for the
approved generators and transporters and USFRS. Consequently, in order
to implement this regulatory flexibility EPA is proposing to provide a
``temporary deferral'' from the requirements of 40 CFR parts 261-265,
268, 270, 273 and 279 for USFRS XL waste while it is at the generator
and during its transport to USFRS. The generators and transporters
would have to manage the wastes in accordance with new part 266,
subpart N in lieu of 40 CFR parts 261-265, 268, 270, 273 and 279. If a
generator or transporter fails to comply with the new requirements,
then it will have violated those requirements and may be subject to
enforcement action for such violations. The deferral is temporary in
that it is only applicable for the period of time that the waste is at
the generator or in transport and not when it reaches USFRS.
Additionally, this deferral expires when the XL Project is terminated.
This XL Project will last no more than five years from the effective
date of the new part 266, subpart N.
Today's proposal would also impose on USFRS additional handling,
record keeping and reporting requirements for the USFRS XL wastes
(XL001) it receives from the generators and transporters. These
requirements complement the regulatory flexibility granted to the
generators and transporters. These requirements are necessary for the
successful completion of this XL Project. The new requirements are
contained in new proposed part 266, subpart N.
This site-specific rule would add a new paragraph (v) to 40 CFR
261.6, and new Subpart N to part 266 to clarify that USFRS XL wastes
(XL001) generated and transported by approved USFRS XL waste generators
and transporters would be exempt from Sec. 261.5, parts 262-266 (except
266, subpart N), 268, 270, 273 and 279. Instead these persons would be
regulated by a new part 266, subpart N.
New part 266, subpart N would contain the procedures necessary to
implement this regulatory flexibility and would fully describe the
requirements imposed on USFRS, and the approved generators and
transporters as detailed above in sections IV. A & B.
EPA is proposing to add the following definitions to Sec. 266.301
to implement this XL Project: County Environmental Agencies or County
Agencies, USFRS, USFRS XL Waste, USFRS XL Waste Application Form, USFRS
XL Waste Approved Customer, USFRS XL Waste
[[Page 50297]]
Approved Transporter, USFRS XL Waste Transportation Tracking Document,,
USFRS XL Waste Final Project Agreement, USFRS XL Waste Generator, USFRS
Waste Training Module, USFRS XL Waste Material Safety Data Sheet, USFRS
XL Waste Project or USFRS XL Project, and USFRS XL Waste Transporter.
2. State Regulatory Changes
The state of Minnesota is authorized under section 3006 of RCRA to
implement the federal RCRA program. Thus, Minnesota's regulations
operate in lieu of the federal regulations adopted pursuant to RCRA.
EPA may directly implement and enforce new federal regulations in an
authorized state only if those regulations are adopted pursuant to
EPA's statutory authority granted by the Hazardous and Solid Waste
Amendments of 1984, (HSWA) . Minnesota's and EPA's regulations require
companies that treat, store or dispose of hazardous waste to have a
permit or interim status. If a company has interim status it must
comply with the requirements of 40 CFR part 265 and Minn. R. 7001.0650
and Minn. R. 7045.0552 to 7045.0648. If a company has a permit then it
must comply with the permit. A company with a permit does not have to
comply with new regulatory requirements (with certain exceptions) until
such time that the permit is modified to incorporate those new
requirements. 40 CFR 270.4. Minnesota has a similar provision, Minn. R.
7001.0150, subp. 2.P.
Minnesota's hazardous waste management regulations, codified in
Minn. R. Chs. 7001 and 7045 contain equivalent or more stringent,
requirements as compared to the Federal regulations at 40 CFR parts
260-266, 268, 270, 273 and 279 for hazardous waste. None of the
regulations proposed with today's proposal are promulgated pursuant to
EPA's HSWA authority. Consequently, the approved generators,
transporters and USFRS are subject to the Minnesota state regulations
until such time as these new regulations are adopted by the state of
Minnesota or an equivalent state legal mechanism is used. Therefore,
conforming state regulatory changes or legal mechanisms must be
implemented in addition to the proposed federal changes for companies
to enter into this XL Project. Section F below describes the changes
that may be necessary and the options available to Minnesota to
implement the flexibility provided by the proposed federal rules.
B. Why is EPA Supporting this New Approach to USFRS XL Waste
Management?
EPA is supporting this new approach because it believes that it
will provide superior environmental performance by promoting recycling
of water and recovery and reuse of metals that would otherwise be land
disposed. USFRS and its customers will be complying with requirements
that are as protective of public health and the environment as the RCRA
requirements that would otherwise be applicable. EPA also believes that
implementation of this project will result in a significant cost
savings to the participating customers (see section D below). The
success of this project will be evaluated on an ongoing basis and will
determine whether this new approach to waste management should be
extended to other areas of the country.
C. How Have Various Stakeholders Been Involved in this Project?
Stakeholder involvement is essential for the success of this
innovative environmental program. Nine public meetings were held to
inform the general public and environmental groups about the project
and to invite their comments and participation. Additional public
meetings may be held during implementation of the FPA based on public
interest or as decided by direct participants. Stakeholder input and
community goals have been and will continue to be considered throughout
project implementation. USFRS shall report on a quarterly basis efforts
to maintain stakeholder involvement and public access to information in
accordance with the requirements of the new subpart N.
D. How Will this Project Result in Cost Savings and Paperwork
Reduction?
EPA believes that this project has the potential for cost savings
by making recycling of water and waste more cost competitive with
traditional treatment/disposal options. Costs savings may include those
associated with: purchase of additional potable water for single use;
capital and operating costs to treat mildly contaminated waste waters
so that they meet pretreatment standards prior to discharge; discharge
fees associates with wastewater discharge (including permits,
monitoring and sewer access charges); transport and disposal of
hazardous waste sludges; and taxes paid to local authorities.\15\ A
cost comparison will be conducted during project implementation to
evaluate the cost savings. EPA believes that the paperwork burden for
the generator will be reduced as compared to current RCRA requirements.
USFRS will be required to retain and submit certain reports which RCRA
would normally require of its customers, and report ongoing
environmental performance and success in meeting its targets. For
further information about the impacts of this rule on paperwork
reduction, please see section VI.D.
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\15\ The counties each will decide whether to exempt the XL 001
waste from normal hazardous waste taxation.
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E. How Will EPA Ensure the Integrity of this XL Project?
EPA will ensure the integrity of this project through the
regulations that it is proposing today, its prior approval of the
generators and transporters, its normal enforcement and oversight
authority and coordination and cooperation with the state of Minnesota
and appropriate county agencies.
The rules proposed today will be the primary vehicle EPA will use
to ensure that USFRS and all generators or transporters of USFRS XL
waste handle the USFRS XL wastes in a manner which is acceptable to
EPA. According to the proposed rules, USFRS XL wastes may only be sent
to USFRS' Roseville, Minnesota facility. That facility has a RCRA
permit and must comply with the proposed rules. The proposed rules
require USFRS to conduct a preliminary evaluation of any generator or
transporter that it proposes to add to this XL Project. The rules
specify the conditions and elements for such preliminary evaluations.
For generators these requirements include appropriate training in
handling the USFRS XL wastes, proper identification of their processes
and an appropriately designed storage area. For the transporters these
requirements include a satisfactory safety rating from the USDOT and
training on the proper handling of the USFRS XL wastes. Once this pre-
screening is completed, final approval is subject to EPA, MPCA and
appropriate county agency oversight.
F. How Will the Terms of the USFRS XL Project and Proposed Rule be
Enforced?
All XL projects must include a legally enforceable mechanism to
ensure accountability and superior environmental performance. EPA
retains its full range of enforcement options under the proposed rule.
Thus, once there is a federally enforceable mechanism in place, if EPA
determines that a company is not in compliance with it then EPA and,
under certain conditions, private citizens may take enforcement action
against that company and may terminate that
[[Page 50298]]
person's continued participation in the project (section 3005(d),
3006(d) and 3008(a) of RCRA). In the event EPA terminates a person's
continued participation in this XL Project, EPA will use the criteria
and procedures identified in the proposed rules, not those contained in
Minnesota's rules or statutes. (See proposed Sec. 266.314-318). The
enforcement response on the part of EPA would vary depending upon the
actual performance of each generator, transporter and USFRS, the
mechanism the State uses to implement this XL Project and the severity
of any violation.
EPA will enforce the existing Minnesota hazardous waste management
regulations which are part of the Minnesota authorized hazardous waste
program. The flexibility proposed in the proposed regulations will not
be available to USFRS, its generators and transporters until EPA
promulgates these regulations and the State of Minnesota adopts
equivalent flexibility which is federally applicable and enforceable.
The instrument selected for the State's implementation of this XL
Project must be one that is clearly federally enforceable.
Once all of the required federal and state legal authorities are in
place, EPA will retain a role in evaluating this XL Project and each
generator and transporter. EPA will evaluate each generator and
transporter prior to it being accepted into the program. Additionally,
once this XL Project is effective EPA may routinely inspect any of the
participants to determine their compliance. If EPA determines that a
participant has violated a particular provision of the proposed rules,
then that participant may be subject to civil or criminal penalties
pursuant to section 3008 of RCRA.
Today's proposed rule includes a termination provisions in
Sec. 266.314-318. EPA will use the termination provisions of today's
rules independent of any contained within the Minnesota rules. Today's
proposed rules recognize that a company may terminate its participation
in the USFRS XL Project voluntarily and at any time; even before
generating or transporting USFRS XL waste. Additionally, a company may
be automatically terminated upon a change in ownership or at the
conclusion of this Project. EPA, MPCA or the appropriate county agency
may terminate a company's participation as a result of violations of
the regulations. In the case of EPA initiated termination the rules
provide the company with notice and an opportunity to correct any
violations. This opportunity to correct the violation does not
compromise EPA's authority to initiate an enforcement action against
the company for the non-compliance.
The proposed rule provides the federal procedures and time frame
for termination of a company's continued participation in the USFRS XL
Project. MPCA or the County Agencies may have their own procedures for
terminating the participation of a person from their version of this
federal USFRS XL Project. EPA is not bound by and will not follow those
State or County procedures to terminate a person's continued
participation in this USFRS XL Project. State or local procedures may
be different but are expected to be equivalent in terms of the criteria
and notice provisions.
In the event of a termination, the participant must remove the
USFRS XL waste, take appropriate steps to decontaminate and return to
compliance with RCRA.\16\ The participants are provided with time to
take these steps if the termination is the result of a change in
ownership or a termination by EPA , MPCA or the appropriate county
agency. USFRS XL waste transporters will have 30 days after receipt of
EPA's notice of termination or a change in ownership to complete the
termination procedures required by the proposed rules and return to
compliance with RCRA. USFRS XL waste generators will have 60 days and
USFRS will have 120 days. During the 30, 60 and 120 transition periods,
the provisions of proposed subpart N would continue to apply in full.
At the conclusion of the transition periods, the applicable RCRA
regulations would again apply to the participant.
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\16\ If a generator or transporter elects to terminate its
participation prior to ever generating or transporting USFRS XL
waste the rules provide a truncated termination procedure. This
procedure does not require removal or decontamination of USFRS XL
waste since none have been generated or transported. It also
provides for a shorter time for notice to EPA, MPCA and the
appropriate county agencies. (See proposed Secs. 266.314 and
266.316).
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The rationale for the transition period is to allow sufficient time
for the participant to reinstate the operational and administrative
infrastructure necessary for proper RCRA compliance. EPA selected
different time frames for the transporters, generators and USFRS based
on the complexity of the activities they may have to engage in to
return to compliance with RCRA.
USFRS XL waste transporters should be able to return to compliance
with RCRA earlier since their obligations are expressed in terms of
transportation of the USFRS XL waste. Since transportation of those
wastes would normally be required within 30 days of receipt of the
shipment, the USFRS XL waste transporter should be able to ship any
loads in its possession within the 30-day transition period.
USFRS XL waste generators need a longer transition time since they
will have to remove the USFRS XL waste on-site, decontaminate any
storage area and may need to make process changes. USFRS XL waste
generators may also have to (1) make new hazardous waste
determinations, (2) re-train facility personnel, (3) obtain the
necessary state and local approvals for any changes in its waste water
discharge to the POTW, or ensure a suitable alternative which complies
with environmental statutes and regulations, (4) establish systems for
proper record keeping and reporting, (5) obtain an EPA identification
number, and (6) acquire funding and resources which were unnecessary
under the XL Project (e.g., additional funding might be needed for the
re-negotiation of contract terms with hazardous waste contractors who
might be needed for additional hazardous waste pick-ups).
In the case of USFRS, a longer transition time is provided since
its termination will effectively terminate the participation of all of
the XL Project generators and transporters. All of the activities
identified above for the USFRS XL waste generators and transporters
will have to be undertaken as well as USFRS's closure of the project.
Thus a longer period of time is necessary. EPA believes that 120 days
is a reasonable time period. For the reasons presented in the preceding
paragraphs and since the proposed rule would be fully applicable during
any transition period, EPA is confident that the 30/60/120-day time
frames are protective of human health and the environment.
G. How Long Will this Project Last and When Will it be Completed?
As with all XL projects testing alternative environmental
protection strategies, the term of this XL Project is one of limited
duration. Today's proposed rule would set the term of the XL Project at
five years after the effective date of this rule.
Because Project XL is a voluntary and experimental program, today's
proposed rule contains provisions that allow the project to conclude
prior to the end of the five years in the event that it is desirable or
necessary to do so. For example, an early conclusion would be warranted
if the project's environmental benefits do not meet the Project XL
requirement for the achievement of superior environmental results. In
addition, new laws or regulations may become applicable to the wastes
during the project term which might render the
[[Page 50299]]
project impractical, or might contain regulatory requirements that
supersede the superior environmental benefits that are being achieved
under this XL Project. Similarly, the participants may also ask to
discontinue participation in this XL Project prior to the five years if
the experimental project does not provide sufficient benefits for them
to justify continued participation.
If an early conclusion to the project is determined to be
appropriate, today's rule provides a mechanism for EPA to legally
conclude the project prior to the five years. A notice of termination
will trigger a transition period described above in section F of this
preamble. While EPA, the state and county environmental agencies and
the participants have broad discretion and latitude to initiate an
early conclusion of the project, all are expected to exercise their
good faith and judgment in determining whether exercising this option
is appropriate.
EPA reserves the discretion to terminate a project and the FPA in
the event a participant fails to comply with or meet its obligations in
the proposed rule, or its supplementary commitments contained in the
FPA. The FPA and the proposed rule also provide for the participant's
return to compliance with existing RCRA regulatory requirements
following termination.
VI. Additional Information
A. How to Request a Public Hearing
A public hearing will be held, if requested, to provide opportunity
for interested persons to make oral presentations regarding this
regulation in accordance with 40 CFR part 25. Persons wishing to make
an oral presentation on the site specific rule to implement the U.S.
Filter XL Project should contact Mr. Robert Egan of the Region 5 EPA
office, at the address given in the ADDRESSES section of this document.
Any member of the public may file a written statement before the
hearing, or after the hearing, to be received by EPA no later than
August 24, 2000. Written statements should be sent to EPA at the
address given in the ADDRESSES section of this document. If a public
hearing is held, a verbatim transcript of the hearing, and written
statements provided at the hearing will be available for inspection and
copying during normal business hours at the EPA addresses for docket
inspection given in the ADDRESSES section of this preamble.
B. How Does this Rule Comply with Executive Order 12866?
Because this rules affects only U.S. Filter, its transporters and
its customers, it is not a rule of general applicability. It is
therefore, not subject to OMB review and Executive Order 12866. In
addition, OMB has agreed that review of site-specific rules under
Project XL is not necessary. Further, under Executive Order 12866, the
Agency first must determine whether the regulatory action is
``significant'' and therefore subject to Office of Management and
Budget (OMB) review and the requirements of the Executive Order. The
Order defines ``significant regulatory action'' as one that is likely
to result in a rule that may: (1) have an annual effect on the economy
of $100 million or more or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety in State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants, user
fees, or loan programs of the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Because the annualized cost of this proposed rule would be
significantly less than $100 million and would not meet any of the
other criteria specified in the Executive Order and because this
proposed rule affects only USFRS and its transporters and generators,
it is not a rule of general applicability or a ``significant regulatory
action'' and therefore not subject to OMB review. Further today's
proposed rule does not apply to any entity unless they choose on a
voluntary basis to participate in this XL Project. Finally, OMB has
agreed that review of site specific rules under Project XL is not
necessary.
Executive Order 12866 also encourages agencies to provide a
meaningful public comment period, and suggests that in most cases the
comment period should be 60 days. However, in consideration of the very
limited scope of today's rulemaking and the considerable public
involvement in the development of the draft FPA, the EPA considers 30
days to be sufficient in providing a meaningful public comment period
for today's action.
C. Is a Regulatory Flexibility Analysis Required?
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et. seq. generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Under section 605(b) of the RFA, however, if the head of an agency
certifies that a rule will not have a significant economic impact on a
substantial number of small entities, the statute does not require the
agency to prepare a regulatory flexibility analysis. Pursuant to
section 605(b), the Administrator certifies that this proposal, if
promulgated, will not have a significant economic impact on a
substantial number of small entities for the reasons explained below.
Consequently, EPA has not prepared a regulatory flexibility analysis.
Small entities include small businesses, small organizations and
small governmental jurisdictions. For purposes of assessing the impacts
of today's proposed rule on small entities, small entity is defined as
: (1) a small business according to RFA default definitions for small
business (based on SBA size standards); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
Today's rule amends EPA's RCRA Regulations to modify the handling
and reporting requirements for certain hazardous waste generators and
transporters, as well as for USFRS. USFRS is not a small entity. The
modifications authorized by the rule would reduce costs to the
generators to whom it applies and those modifications should have no
impact on costs to the transporters. EPA has concluded, therefore, that
the rule will not have a significant economic impact on a substantial
number of small entities.
D. Is an Information Collection Request Required for this Project Under
the Paperwork Reduction Act?
The information collection requirements in this proposed rule have
been submitted for approval to the
[[Page 50300]]
Office of Management and Budget (OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. An Information Collection Request (ICR)
document has been prepared by EPA (ICR No. 1755.04, OMB Control No.
2010-0026) and a copy may be obtained from Sandy Farmer by mail at OP
Regulatory Information Division; U.S. Environmental Protection Agency
(2137); 1200 Pennsylvania Avenue, N.W.; Washington, D.C. 20460, by e-
mail at farmer.sandy.epa.gov, or by calling (202) 260-2740. A copy also
may be downloaded off the internet at http://www.epa.gov/icr. EPA is
requiring that information be collected regarding which generators and
transporters are eligible for regulatory flexibility under the USFRS XL
Project. Information is also needed in order to keep generators,
transporters, USFRS, and emergency response teams abreast of XL 001
waste, its contents, and when it is shipped and received. Finally
information is needed to determine whether the project produces
superior economic and environmental benefits. The success of the
project will help determine whether it should be extended to other
areas of the country. Participation in the project is voluntary;
however, if a generator or transporter decides to participate, EPA
requires the filing of this information. Quarterly reports will be
publicly available. The estimated total cost burden of collecting the
information is $224,940/year and the estimated total length of time to
collect it is 3906 hours/year. The estimated total number of
respondents is 90. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, or disclose or
provide information to or for a Federal Agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR Chapter 15. EPA will amend the
various regulations to list the information requirements, if any,
contained in the final rule. Comments are requested on the Agency's
need for this information, the accuracy of the provided burden
estimates, and any suggested methods for minimizing respondent burden,
including through the use of automated collection techniques. Send
comments on the ICR to the Director, OP Regulatory Division; U.S.
Environmental Protection Agency (2137); 1200 Pennsylvania Avenue, N.W.;
Washington, D.C. 20460; and to the Office of Information and Regulatory
Affairs. Office of Management and Budget, 725 17th St., N.W.,
Washington, D.C. 20503, marked ``Attention: Desk Officer for EPA.''
Include the ICR number in any correspondence. Since OMB is required to
make a decision concerning the ICR between 30 and 60 days after August
17, 2000, a comment to OMB is best assured of having its full effect if
OMB receives it by September 18, 2000. The final rule will respond to
any OMB or public comments on the information collection requirements
contained in this proposal.
E. Does This Project Trigger the Requirements of the Unfunded Mandates
Reform Act?
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
As noted above, this proposed rule is limited to USFRS and certain
of its customers and transporters. This proposed rule would create no
federal mandate because it is a voluntary program proposed by USFRS.
Further, EPA is imposing no enforceable duties that are anticipated to
be more expensive or more onerous for the parties that would exist
without this proposed rule. The rule does not change the authorization
status of the State. Since the proposed rule is a relaxation of the
federal regulatory program, it will not take effect until the State
adopts the rule. The State is under no federal obligation to adopt less
stringent requirements. EPA has also determined that this proposed rule
does not contain a Federal mandate that may result in expenditures of
$100 million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. Thus, today's
proposed rule is not subject to the requirements of sections 202 and
205 of the UMRA. EPA has also determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small governments. Nevertheless, in developing this proposed rule, EPA
worked closely with MPCA, Ramsey, Hennepin, Anoka, Dakota, Carver,
Scott and Washington Counties and received meaningful and timely input
in the development of this proposed rule.
F. Applicability of Proposed Subpart N under the Minnesota RCRA
Authorized Hazardous Waste Program
1. Applicability of Rules in Authorized States
Under section 3006 of RCRA, EPA may authorize qualified States to
administer the RCRA hazardous waste program within the State. See 40
CFR part 271 for the standards and requirements for authorization.
Following authorization, the State requirements authorized by EPA apply
in lieu of equivalent Federal requirements and become Federally
enforceable as requirements of RCRA. EPA maintains independent
authority to bring enforcement actions for violations of the authorized
requirements under RCRA sections 3007, 3008, 3013, and
[[Page 50301]]
7003. Authorized States also have independent authority to bring
enforcement actions under State law. Additionally, citizens are
provided with the opportunity to commence a civil action under section
7002 of RCRA for violations of the authorized program.
After a State receives initial authorization, new Federal
requirements promulgated under RCRA authority existing prior to the
1984 Hazardous and Solid Waste Amendments (HSWA) do not apply in that
State until the State adopts and receives authorization for equivalent
State requirements. Until these actions are completed, the State
requirements which EPA previously authorized are the federally
enforceable rules that apply pursuant to RCRA. The State must adopt any
new more stringent Federal requirements to maintain authorization.
In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), new
Federal requirements and prohibitions imposed pursuant to HSWA,
provisions take effect in authorized States at the same time that they
take effect in unauthorized States. Although authorized States are
still required to update their hazardous waste programs to remain
equivalent to the Federal program, EPA carries out HSWA requirements
and prohibitions in authorized States, including the issuance of new
permits implementing those requirements, until EPA authorizes the State
to do so.
2. Effect on Minnesota Authorization
Today's proposed rules, if finalized, would be promulgated pursuant
to EPA's non-HSWA authority, rather than its HSWA authority. Minnesota
has received authority to administer most of the RCRA program; thus,
authorized provisions of its hazardous waste program are administered
and enforced in lieu of the federal program equivalent. Minnesota has
received authority to administer hazardous waste standards for
generators, transporters and facilities that treat, store or dispose of
hazardous waste. As a result of this authorization, the substantive
requirements contained in today's proposed rules, if finalized, will
not be effective in Minnesota until the State adopts equivalent legal
mechanisms or requirements as state law that are authorized by EPA.
It is EPA's understanding that subsequent to the promulgation of
this rule, Minnesota intends to propose rules or other legal mechanisms
containing requirements equivalent to those imposed by new part 266,
subpart N. Minnesota may accomplish this through a number of
mechanisms. One mechanism is for Minnesota to revise its existing
hazardous waste rules to mirror the changes contained in today's
proposed rules. If Minnesota revises its rules in this manner then it
will have to submit them to EPA for review and approval as part of the
authorized state program. Until such time, EPA and citizens may enforce
the previously authorized state rules, which do not provide the
flexibility afforded by today's proposed rule.
Minnesota also may choose to rely on its existing statutory and
regulatory authority under RCRA to issue a variance to individual or
categories of companies covered by today's proposed rules. To the
extent that MPCA relies on existing statutory and regulatory authority
which is part of the authorized state hazardous waste program, then
further federal review and authorization would not be necessary.
Through its existing hazardous waste management statutes and
regulations--Minn. Stat. section 116.07, subd. 5 and chapter 7045 of
Minnesota Rules (Minn. R. ch. 7045), the MPCA has specific authority to
provide regulatory flexibility through the inclusion of variances in
state-issued RCRA permits. Minn. R. 7045.0060 sets out the procedural
and substantive requirements for issuance of a variance. It allows a
variance from any requirement of the hazardous waste rules--including
Minnesota's regulation of the generators, transporters and facilities.
However, this authority is limited in a manner such that Minnesota may
not grant a variance which would result in noncompliance with the
federal hazardous waste regulations.
Any appropriate variance validly issued pursuant to the state's
authorized RCRA program would be immediately applicable pursuant to
RCRA and therefore federally enforceable. In order for such a variance
to be immediately federally enforceable, thus replacing the current
authorized requirements, it would have to meet the substantive criteria
of Minn. R. 7045.0060 (i.e., not result in noncompliance with the EPA
regulations); in this case, that would mean that the variance would
have to incorporate all of the conditions which are the same as those
identified in new part 266, subpart N.
Another mechanism that Minnesota has indicated it might use to
implement new part 266, subpart N is the Minnesota Environmental
Regulatory Innovations Act, also known as the Minnesota XL statute (MS
114C). The Minnesota XL statute is not part of the authorized state
hazardous waste management program, and without itself being federally
approved cannot legally change or vary any requirement of the state's
federally-approved RCRA program, nor would it have any legal effect on
the applicable RCRA requirements and the federal or citizen suit
enforcement authorities provided under RCRA. As such, it would not
affect the enforceability of the requirements of today's proposed XL
rule or the state-issued variance, as described in the previous
paragraph.
The Minnesota XL statute allows the MPCA to issue XL permits which
may vary the substantive requirements of state rules and local
ordinance as a method of implementing XL projects. It also allows the
State to substitute the specific public participation requirements of
the XL statute for those detailed in MPCA permit rules. The statute
identifies procedural elements which include a draft permit, public
noticing of the draft permit, a public comment period and an
opportunity for a hearing prior to issuance of a final permit. Once a
permit is issued it may be revoked, after notice and an opportunity to
request a hearing, and for specific reasons, including significant non-
compliance with the permit.
Minnesota has indicated that it could, under its XL statute, issue
a general permit to the category of generators covered by today's rule
and a specific permit to USFRS. As specific generators are approved
MPCA believes that it could add them to the general permit. Minnesota
believes that the conditions imposed upon the generators and USFRS
could be the same as those imposed by new part 266, subpart N. These
state law XL permits would not be federally enforceable, and thus would
have no legal effect on the federal applicability and enforceability of
the current federally authorized rules, today's proposed rule (if
finalized) or the variance issued by the state pursuant to its
authorized regulations, until the State receives authorization for the
changes. After authorization by EPA, these State XL permits would be
federally enforceable.
Whatever instrument the State selects to implement the federal XL
project it must be one that is clearly federally enforceable.
G. How Does this Rule Comply with Executive Order 13045: Protection of
Children from Environmental Health Risks and Safety Risks?
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant,''
as defined under Executive
[[Page 50302]]
Order 12866; and (2) concerns an environmental health or safety risk
that EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it is not economically
significant as defined in Executive Order 12866 and because the Agency
does not have reason to believe the environmental, health or safety
risks addressed by this action present a disproportionate risk to
children. The proposed rule has no identifiable direct impact upon the
health and/or safety risks to children and adoption of the proposed
regulatory changes would not disproportionately affect children.
Finally, all XL projects must demonstrate superior environmental
performance. Therefore, EPA anticipates that the proposed rulemaking
will benefit all people, including children. The proposed rulemaking is
thus in compliance with the intent and requirements of the Executive
Order.
H. How Does this Rule Comply with Executive Order 13132 on Federalism?
Executive Order 13132, entitled ``Federalism'' (64 FR 43255),
August 10, 1999), requires EPA to develop an accountable process to
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' is
defined in the Executive Order to include regulations that 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.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation.
This proposed rule does not have federalism implications. It will
not have substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The requirements outlined in
today's proposed rule would apply only to the USFRS facility and
generators and transporters of USFRS XL waste and will not take effect
unless Minnesota chooses to adopt equivalent legal mechanisms or
requirements under state law. Thus, the requirements of Section 6 of
the Executive Order do not apply to this rule. Although Section 6 of
Executive Order 13132 does not apply to this rule, EPA did fully
coordinate and consult with State and local officials in developing
this rule.
I. How Does this Rule Comply with Executive Order 13084: Consultation
and Coordination with Indian Tribal Governments?
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's proposed rule does not
significantly or uniquely affect the communities of Indian tribal
governments. EPA anticipates that the generators who will take
advantage of this rulemaking will be in Ramsey and Hennepin Counties.
There are no communities of Indian tribal governments located in the
vicinity of Ramsey and Hennepin Counties. Further, as stated above, all
XL projects must demonstrate superior environmental performance.
Therefore, EPA anticipates that the proposed rulemaking will benefit
all people, including any Indian Tribal communities. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
J. Does this Rule Comply with the National Technology Transfer and
Advancement Act?
Section 12(d) of NTTAA, Public Law 104-113, section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary standards. This proposed
rulemaking sets alternative handling and paperwork requirements for
certain hazardous wastes; it does not set technical standards. EPA is
not considering the use of any voluntary consensus standards.
List of Subjects
40 CFR Part 261
Environmental Protection, Hazardous Waste, Recycling, Reporting and
Recordkeeping Requirements.
40 CFR Part 266
Environmental Protection, Hazardous Waste, Recycling, Reporting and
Recordkeeping Requirements.
Dated: August 4, 2000.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, parts 261 and 266 of
Chapter I of title 40 of the Code of Federal Regulations are proposed
to be 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.
Subpart A--General
2. Section 261.6 is amended by revising paragraph (a)(2)
introductory
[[Page 50303]]
text and by adding paragraph (a)(2)(v) to read as follows:
Sec. 261.6 Requirements for recyclable materials
(a) * * *
(2) The following recyclable materials are not subject to the
requirements of this section but are regulated under subparts C through
N of part 266 of this chapter and all applicable provisions in parts
270 and 124 of this chapter:
* * * * *
(v) U.S.Filter Recovery Services XL waste (subpart N).
* * * * *
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
1. The authority citation for part 266 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922-6925, 6934 and 6937.
2. Part 266 is amended by adding a new subpart N to read as
follows:
Subpart N--Standards applicable to U.S. Filter Recovery Services XL
waste and U.S.Filter Recovery Services, Inc.
Sec. 266.300 Purpose, scope, and applicability.
The purpose of this subpart is to implement the U.S. Filter
Recovery Services (USFRS) eXcellence in Leadership (XL) Project. Any
person who is a USFRS XL waste generator or transporter must handle the
USFRS XL waste in accordance with the requirements contained within
this subpart. The standards and requirements of this subpart also apply
to USFRS and its facility located at 2430 Rose Place, Roseville,
Minnesota. These requirements are imposed on USFRS in addition to any
requirements contained in its RCRA hazardous waste permit or other
applicable state or federal law. USFRS XL waste generators and
transporters are not required to comply with the requirements of 40 CFR
261.5, parts 262 through 266 (except this subpart N), parts 268, 270,
273 and 279 provided they manage USFRS XL waste in compliance with the
requirements of this subpart N.
Sec. 266.301 Definitions.
County Environmental Agencies or County Agencies means the counties
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington in
Minnesota.
USFRS means U.S. Filter Recovery Services, Inc. whose principal
place of business for the purposes of these rules is 2430 Rose Place,
Roseville, Minnesota.
USFRS XL Waste means one or more USFRS used water treatment resin
canisters and their contents from a USFRS XL waste generator located
within the State of Minnesota. USFRS XL waste includes the ion exchange
resins, the wastes contained on or within the ion exchange resins and
any other wastes contained within the water treatment resin canisters.
USFRS XL waste also includes spills of XL waste which are handled in
accordance with the requirements in this subpart. USFRS XL waste is
limited to wastes which are derived from processes subject to the EPA
F006 waste code designation (i.e. waste water treatment sludges from
specified electroplating operations). These wastes may also exhibit a
characteristic of hazardous waste as a result of the operations of a
particular company. This definition includes only those ion exchange
resin canisters which result in reuse of substantially all of the
treated waste waters in the industrial process. This definition does
not include those ion exchange resins canisters which result in the
disposal of the treated waste waters, without any reuse of the treated
waste waters in the industrial process. This definition does not
include wastes that were generated prior to the date a generator is
added to this USFRS XL Project. USFRS XL waste shall be identified by
the waste code XL001.
USFRS XL Waste Application Form means the form approved by EPA and
Minnesota Pollution Control Agency (MPCA) as part of the USFRS XL Waste
Project or subsequently modified by USFRS and approved by EPA and MPCA
and used for characterization of the chemical constituents of a
person's USFRS XL waste. The USFRS XL Waste Application Form shall
include all attachments by USFRS or the applicant, including but not
limited to, the USFRS Site Engineering Form, Systems Engineering Form
and any waste analysis.
USFRS XL Waste Approved Customer means only those persons located
in Minnesota who have properly identified their wastes and processes on
the USFRS XL waste application form; have not been excluded by EPA,
MPCA or the County Agencies from participation in the USFRS XL waste
project; have signed the USFRS XL waste Final Project Agreement (FPA);
have certified that they have read and understand the USFRS XL waste
training module; and have not generated USFRS XL wastes.
USFRS XL waste approved transporter means a transporter located
within the State of Minnesota who has a satisfactory safety rating from
the United States Department of Transportation (USDOT) in the last
year; has not been excluded by EPA, MPCA or the County Agencies from
participation in the USFRS XL waste project; has signed the USFRS XL
waste FPA; and has signed a certification that it has been trained by
USFRS on the proper handling of USFRS XL wastes and understands its
responsibilities under this subpart.
USFRS XL Waste Facility or USFRS Facility means the U.S.Filter
Recovery Service, Inc. operations located at 2430 Rose Place,
Roseville, Minnesota.
USFRS XL Waste Final Project Agreement (FPA) means the agreement
signed by USFRS, EPA, MPCA, the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott and Washington in Minnesota, Pioneer Transport
and USFRS XL waste customers, generators and transporters. The FPA may
be modified to add or delete participants, subject to the approval of
EPA and MPCA.
USFRS XL Waste Generator means a USFRS XL waste approved customer
who generates or generated USFRS XL waste.
USFRS XL Waste Project, USFRS XL Project or XL Project means the
program identified in the Final Project Agreement and this part for the
generation, transportation and subsequent treatment, storage and
disposal of USFRS XL waste.
USFRS XL waste training module means the recorded training program
approved by EPA and MPCA as part of the USFRS XL Waste Project or
subsequently modified by USFRS and approved by EPA and MPCA and
developed by USFRS for the purpose of informing USFRS XL waste approved
customers, generators and transporters of the special requirements
imposed on them by this part and the proper method of handling USFRS XL
wastes.
USFRS XL Waste Transportation Tracking Document means the
Transportation Tracking Document developed by USFRS which was approved
by EPA and the MPCA as part of the USFRS XL Waste Project or
subsequently modified by USFRS and approved by EPA and MPCA; and used
when USFRS XL waste is transported off-site from a generator.
USFRS XL Waste Transporter means USFRS or a USFRS XL waste approved
transporter who transports USFRS XL waste.
Sec. 266. 302 Procedures for adding persons as generators to EPA's
USFRS XL Project.
(a) Any person who wishes to participate in the USFRS XL Project as
[[Page 50304]]
a generator must obtain the approval of the EPA and the Minnesota
Pollution Control Agency (MPCA). The approval of the County Agency is
also required if that person will generate USFRS XL waste at a location
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or
Washington, Minnesota. The procedures identified in this subpart are to
be followed to obtain EPA approval to add a person to the federal USFRS
XL Project. USFRS and a proposed generator must also comply with the
procedures identified by the MPCA, and appropriate County Agencies. A
person may not be added to the federal USFRS XL Project unless it has
the approval of EPA, MPCA and as appropriate the County Agencies.
(b) USFRS is the only entity which may propose to add a person as a
generator to the USFRS XL Project. USFRS may propose to EPA to add
persons to the USFRS XL Project at any time provided, USFRS complies
with the requirements of this section. Prior to being considered a
USFRS XL waste generator, a person must first be approved as a USFRS XL
waste approved customer. Only a USFRS XL waste approved customer may
become a USFRS XL waste generator. A person becomes a USFRS XL waste
generator after it first generates or causes USFRS XL waste to be
regulated.
(c) USFRS will conduct a preliminary evaluation of any person it
wishes to propose to EPA to add to the USFRS XL Project as a generator.
USFRS will complete this preliminary evaluation prior to proposing to
EPA to add such a person to the USFRS XL Project. The preliminary
evaluation will consist of the following activities: USFRS will require
any person who wishes to become a USFRS XL waste generator to complete
and sign the USFRS XL Waste Application Form; USFRS will complete the
waste characterization required by 40 CFR 266.306(b); USFRS will
evaluate the person's storage area for the USFRS XL waste to determine
whether it meets the standards of this subpart N; and USFRS will
provide the person with a copy of the USFRS XL waste MSDS, FPA and
training module.
(d) After successfully completing the activities identified in
paragraph (c) of this section, USFRS will provide EPA with the name and
such other information as the Agency may require to determine if a
person may participate in the USFRS XL Project as a generator. USFRS
will propose for inclusion into the USFRS XL Project only those
person(s) whose wastes are compatible with the ion exchange process and
canisters, whose storage area meets the standards in this subpart N,
and whose process will be able to reuse substantially all of its waste
water. EPA's approval shall be effective within twenty one days of
EPA's receipt of USFRS's written notice proposing to add a person to
the USFRS XL Project unless EPA, within that time period, provides
USFRS with a written notice rejecting such person.
(e) After securing the approval of EPA, MPCA and the County
Agencies, USFRS shall notify the person it proposed to add to the USFRS
XL Project in writing that it is approved for participation in the
USFRS XL Project. USFRS will assign to that person a unique client
number and waste profile number for each waste stream approved for this
XL project. USFRS will obtain from that person a copy of the signed
USFRS XL waste FPA and a certification that it has read and agrees to
follow the USFRS XL waste training module. USFRS shall also ensure that
as part of this certification the approved customer identifies its
contact person as required by 40 CFR 266.308(h). Upon request by EPA,
USFRS will provide EPA with a copy of the signed documents or other
documents it requests.
(f) USFRS will accept USFRS XL waste only from those persons who
have received the approval of EPA, MPCA and, as appropriate, the County
Agencies and who have signed the USFRS XL Project FPA and the
certification identified in paragraph (e) of this section. A person's
participation in this USFRS XL Project is effective after EPA, MPCA
and, as appropriate, the County Agency approve of them and on the date
that USFRS receives the signed USFRS XL waste FPA and certification. At
that time the person is a USFRS XL waste approved customer. A USFRS XL
waste approved customer becomes a USFRS XL waste generator when it
first generates or causes USFRS wastes to be regulated. A USFRS XL
waste generator must handle all USFRS XL wastes generated after the
effective date of it being added to the USFRS XL Project in accordance
with the provisions of this subpart N. USFRS XL waste that is generated
prior to this date is not subject to this subpart N and it must be
handled according to the appropriate hazardous waste characterization
for that waste, (e.g., F006 and any other applicable waste code).
(g) USFRS will require a USFRS XL waste approved customer and
generator to update the USFRS XL waste application form prior to it
adding to or modifying the waste streams or processes it identified on
its initial USFRS XL waste application form. USFRS will notify EPA,
MPCA and as appropriate, the County Agencies whenever a customer or
generator notifies USFRS that it has or will add or modify waste
streams or processes. EPA will notify USFRS if any further EPA
approvals are required.
Sec. 266. 303 Procedures for adding persons as transporters to EPA's
USFRS XL Project.
(a) Any person who wishes to participate in the USFRS XL Project as
a transporter must obtain the approval of the EPA and the MPCA. The
approval of the County Agencies is also required if that person's
principal place of business is located in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott or Washington. The procedures
identified in this subpart are to be followed to obtain EPA approval to
add a person as a transporter to the federal USFRS XL Project. USFRS
and a proposed transporter must also comply with the procedures
identified by the MPCA, and as appropriate the County Agencies. A
person may not be added to the federal USFRS XL Project unless it has
received the approval of EPA, MPCA and as appropriate the County
Agencies.
(b) USFRS is the only entity which may propose to EPA to add a
person as a transporter to the USFRS XL Project.
(c) USFRS and Pioneer Transport are approved USFRS XL waste
transporters. USFRS may propose to EPA to add other persons as USFRS XL
waste transporters provided USFRS complies with the requirements of
this section. USFRS will conduct a preliminary evaluation of any person
who it proposes to add as a USFRS XL waste transporter. As part of that
preliminary evaluation USFRS will ascertain whether the transporter has
a valid EPA identification number, a valid Minnesota hazardous
materials registration (``Minnesota registration'') and a satisfactory
safety rating from USDOT within the last year.
(d) After successfully completing the activities identified in
paragraph (c) of this section, USFRS will provide EPA with the name of
the transporter, the unique USFRS client identification number for the
transporter, the results of its preliminary evaluation identified in
paragraph (c) of this section, and other information as EPA may require
to determine if that person may participate in the USFRS XL Project.
USFRS will propose for inclusion into the USFRS XL Project only those
person(s) who have a satisfactory safety rating from USDOT. EPA's
approval shall be effective within twenty one days of its receipt of
USFRS's written notice proposing to add a person to the USFRS XL
Project unless EPA, within that time
[[Page 50305]]
period, provides USFRS with a written notice rejecting such person.
(e) After receiving the approval of EPA, MPCA and as appropriate
the County Agencies USFRS shall notify the person in writing that it is
approved for participation in the USFRS XL Project. USFRS will obtain
from that person a copy of the signed USFRS XL waste FPA and a
certification that it has been trained by USFRS on the proper handling
of USFRS XL wastes and understands its responsibilities under this
subpart N.
(f) USFRS will allow only USFRS XL approved transporters to
transport USFRS XL wastes. A person's participation in this USFRS XL
Project is effective after it receives the approval of EPA, MPCA and
the County Agencies, as appropriate, and on the date that USFRS
receives the signed USFRS XL waste, FPA and certification. A USFRS XL
waste approved transporter becomes a USFRS XL waste transporter when it
first transports or accepts for transport USFRS XL waste.
(g) USFRS will require a USFRS XL waste approved transporter or
USFRS XL waste transporter to notify it of any change in its rating
from USDOT, its Minnesota registration or its EPA identification
number. USFRS will notify EPA, MPCA and, the appropriate County
Agencies in writing of any such changes. EPA will notify USFRS in
writing of any additional information or steps that may be required as
a result of such changes.
Sec. 266.304 USFRS requirements related to the development, use and
content of USFRS XL Waste Training Module.
(a) USFRS will develop, implement and maintain a USFRS XL Waste
Training Module. USFRS will provide this training module to every
person who applies for participation in the USFRS XL Project. USFRS may
use any recorded communication media that is appropriate for
communicating the requirements of this subpart (e.g., printed
brochures, videos, etc.).
(b) The Training Module will, at a minimum, identify the hazards
presented by the USFRS XL waste: for generators, explain how to handle
the installation and replacement of the ion exchange resin canisters;
and explain the requirements imposed on the generator or transporter
pursuant to this part.
(c) USFRS shall submit this training module to EPA for approval
prior to accepting the first shipment of USFRS XL wastes.
Sec. 266.305 USFRS requirements relative to the development, use and
content of USFRS XL Waste MSDS.
USFRS will develop a material safety data sheet (MSDS) for the
resins contained in the USFRS XL waste. The MSDS will comply with the
requirements for MSDS imposed by the Occupational Safety and Health
Administration (OSHA). USFRS will provide a copy of this MSDS to every
person who applies for participation in the USFRS XL Project. USFRS
will ensure that the MSDS prominently instructs individuals in the
proper handling and emergency response procedures for spills or leaks
of the USFRS XL wastes.
Sec. 266.306 Waste characterization.
(a) Submission of USFRS XL Waste Application Form by USFRS XL Waste
Generator. A person who proposes to participate in the USFRS XL Project
as a generator of USFRS XL wastes must properly identify the wastes and
processes which contribute to the production of the USFRS XL waste at
its company. For the purposes of this subpart N it shall identify only
those waste streams which meet the F006 listing and shall identify them
on the USFRS XL waste application form. It shall complete and submit to
USFRS the USFRS XL Waste Application Form. It shall update and submit
to USFRS the XL Waste Application prior to changing any process which
contributes to the USFRS XL waste it generates.
(b) USFRS Waste Profile Analyses. For any person which USFRS
proposes to add to the USFRS XL Project as a generator, USFRS will
perform a waste profile analysis of the waste stream(s) and process(es)
which will contribute to the USFRS XL waste at that company. USFRS will
update such analyses whenever a USFRS XL waste generator notifies USFRS
of a change or modification to its waste stream or process contributing
to its USFRS XL waste. USFRS will include in the waste profile analysis
a complete chemical analysis of the waste stream(s) and a determination
of its compatibility with the ion exchange resin process and canisters.
USFRS shall complete such analysis in accordance with the testing
methods identified in the waste analysis plan contained within its RCRA
hazardous waste permit. USFRS shall assign to each generator a unique
customer identification number and waste profile number.
Sec. 266.307 USFRS XL waste identification, handling, and recycling.
(a) USFRS XL waste will be denoted by the hazard waste code XL001
while it is handled by the USFRS XL waste generator or transporter. At
the USFRS facility, the USFRS XL waste will be denoted by the waste
code(s) it would have had at the generator but for its characterization
as USFRS XL waste (i.e., F006 and any other applicable characteristic
waste code). USFRS and others who may receive residuals from the USFRS
XL waste will handle the USFRS XL waste and residuals according to the
wastes code(s) it would have had at the generator (i.e., F006 and the
appropriate characteristic hazardous waste code) and not according to
the XL001 designation. USFRS shall handle the USFRS XL waste at its
facility in accordance with its State issued RCRA hazardous waste
permit and any applicable Federal requirements.
(b) USFRS may not accept any customers into this Project unless and
until it has arranged for recycling of the metals contained in the
XL001 wastes it receives. USFRS shall continue to recycle the metals
contained in the XL001 waste it receives throughout the duration of the
XL Project.
(c) USFRS shall identify a spill response coordinator at its
facility. This person shall be responsible for coordinating the proper
response to any spill, leaks or emergencies of USFRS XL wastes at the
generator or during transport. He will also be responsible for
receiving the calls from the generators and transporters required by
this subpart N for such spills, leaks or emergencies.
Sec. 266.308 Accumulation and storage prior to off-site transport.
A USFRS waste generator may store its USFRS XL waste on-site for
less than 90 days, provided it complies with the following:
(a) Condition and use of containers. Except as provided in
paragraph (e) of this section, the USFRS waste generator will store the
USFRS XL waste in the USFRS water treatment resin canisters. At the
time it places the canister in storage it will ensure that the water
treatment resin canisters are disconnected from any processes and are
sealed. It will ensure that the USFRS XL wastes are not mixed with
other solid wastes. It will affix to the canisters a warning statement
containing the information presented in paragraph (c) of this section.
(b) Condition of storage area. It will store the USFRS XL waste on
an impervious surface. The USFRS waste generator will store the USFRS
XL waste separately from other wastes or materials and will ensure that
there is adequate aisle space to determine the condition of the USFRS
XL waste and
[[Page 50306]]
to notice and respond to any leaks of USFRS XL waste.
(c) Pre-transport requirements. It will place the following warning
statement prominently on the USFRS XL waste XL001 wastes--USFRS ion
exchange resin canister wastes--Federal Law Prohibits Improper
Disposal. This is USFRS XL waste from (insert XL waste generator's
name). Handle as a hazardous waste and ship only to USFRS located at
2430 Rose Place, Roseville, MN. This waste was placed in this container
on (date) and placed in storage at (insert USFRS XL waste generator's
name) on (insert date). If found, contact USFRS and the nearest police,
public safety authority, EPA or MPCA. The USFRS telephone number is
(insert phone number). USFRS Transportation Tracking Document Number
____''. If spilled immediately contain the spill and prevent it from
going into any water body; collect the spilled material and place in a
55 gallon steel drum; contact USFRS and the nearest police, public
safety authority, EPA or MPCA.
(d) Inspections. The USFRS waste generator will inspect the
condition of the USFRS XL waste weekly while it is in storage at its
company. It will maintain a log of these inspections. The log will
indicate the date the USFRS XL waste was placed in storage, the
condition of the water treatment resin canister at that time, the
date(s) of the inspection, the person conducting the inspection, and
the condition of the water treatment resin canisters and the storage
area at the time of the inspection.
(e) Response to spills or leaks. The USFRS waste generator will
immediately contain and collect any spill or leak of USFRS XL wastes.
It will orally notify USFRS, and the duty officer at MPCA (Non-metro:
1-800-422-0798; Metro: 651-649-5451) within 24 hours of discovery of
the spill or leak. It will place any spilled or leaked materials in a
55 gallon steel drum compatible with the USFRS XL wastes and comply
with the requirements of paragraphs (a) to (c) of this section. It will
arrange with USFRS for the disposal of that spilled or leaked material
with the next shipment of USFRS XL wastes from its company. If allowed
by the local POTW it may discharge any leaked or spilled water to its
permitted drainage system. Otherwise, such wasters will be sent to
USFRS.
(f) Decontamination of storage area. The USFRS waste generator will
decontaminate all areas, equipment or soils used for or contaminated
with USFRS XL waste no later than the dates provided in section
Secs. 266.312, 266.314 and 266.315.
(g) USFRS XL Waste MSDS. It shall maintain and exhibit in a
prominent location the USFRS MSDS. It shall provide a copy of the USFRS
XL waste MSDS to all local entities responsible for responding to
releases of hazardous materials or wastes, (e.g., local police and fire
departments, hospitals, etc.). It shall retain documentation of its
efforts to comply with this paragraph (g).
(h) Contact person. No later than the date that it signs the FPA it
will designate to USFRS a person who is responsible for handling its
USFRS XL waste and its compliance with this subpart. That person shall
complete training for the proper handling of USFRS XL waste and shall
certify that he has read and understands the requirements imposed by
this subpart N and the USFRS XL waste training module. That person
shall also be responsible for responding to spills or leaks at the
generator.
(i) Communication devices. It shall have an operating communication
device (e.g., telephone, alarm, etc.) which allows the contact person
to notify the appropriate state, local and federal officials and local
hospitals and company personnel in case of an emergency.
Sec. 266.309 USFRS XL waste transporter pre-transport requirements.
A USFRS XL waste transporter will ensure that the USFRS XL waste is
withinan approved container which prominently displays the following
warning statement: XL001 wastes--USFRS ion exchange resin canister
wastes--Federal Law Prohibits Improper Disposal. This is USFRS XL waste
from (insert XL waste generator's name). Handle as a hazardous waste
and ship only to USFRS located at 2430 Rose Place, Roseville, MN. This
waste was placed in this container on (date) and placed in storage at
(insert USFRS XL waste generator's name) on (insert date). If found,
contact USFRS and the nearest police, public safety authority, MPCA or
EPA. The USFRS telephone number is (insert phone number). USFRS
Transportation Tracking Document Number ____''. If spilled immediately
contain the spill and prevent it from going into any water body;
collect the spilled material and place in a 55 gallon steel drum;
contact USFRS and the nearest police, public safety authority, EPA or
MPCA.
Sec. 266.310 USFRS XL Waste Transport and Transportation Tracking
Document.
A USFRS XL Transportation Tracking Document and USFRS XL Waste MSDS
will accompany every shipment of USFRS XL waste from a USFRS XL waste
generator off-site. Each canister will have the warning statement
required by Secs. 266.308(c) and 266.309 affixed to it. USFRS, and the
USFRS XL waste generator and transporter shall comply with the
following requirements:
(a) USFRS. USFRS will require each USFRS XL waste generator to
contact USFRS to arrange for the transportation of the USFRS XL waste.
USFRS will contact and use only USFRS XL waste transporters to
transport the USFRS XL waste. USFRS will arrange for the USFRS XL waste
transporter to pick-up the USFRS XL waste within 30 days of a USFRS'
receipt of a request from a USFRS XL waste generator for such services.
USFRS will complete and send to the USFRS XL waste generator the USFRS
XL waste Transportation Tracking Document and warning statement
identified in Secs. 266.308(c) and 266.309 prior to the arrival of the
transporter at the generator. USFRS will include on the Transportation
Tracking Document all information EPA determines is required to comply
with this subpart N. USFRS will direct the USFRS XL waste transporter
to ship the USFRS XL waste to its facility at 2430 Rose Place,
Roseville, Minnesota within 30 days of its pick-up from a USFRS XL
waste generator. If a shipment is not received within 30 days, USFRS
will contact the transporter to determine the disposition of the load.
If USFRS does not receive the shipment within 5 days of its scheduled
arrival date, it will notify EPA, MPCA, the USFRS XL generator and as
appropriate the County Agencies. USFRS will send a copy of the
Transportation Tracking Document to the USFRS XL waste generator within
5 days of USFRS' receipt of the XL001 waste from the transporter.
(b) USFRS XL waste generators. A USFRS XL waste generator must
contact USFRS for the off-site transport, treatment, storage or
disposal of USFRS XL wastes. A USFRS waste generator will use only a
USFRS XL waste transporter to transport the USFRS XL waste to the USFRS
Roseville, Minnesota facility located at 2430 Rose Place. It must
verify the accuracy of the USFRS XL Waste Transportation Tracking
Document and warning statement, make any corrections to them that are
necessary and sign the Transportation Tracking Document. It must affix
the warning statement to each canister and provide a copy of the USFRS
XL Waste Transportation Tracking Document and USFRS XL waste MSDS to
the USFRS XL waste
[[Page 50307]]
transporter at the time it provides the transporter with the USFRS XL
waste.
(c) USFRS XL waste transporter. A USFRS XL waste transporter shall
verify the accuracy of the information contained on the USFRS XL Waste
Transportation Tracking Document and on the canister warning statement.
It shall sign and date the USFRS Transportation Tracking Document for
each shipment of USFRS XL waste it transports and carry it with each
shipment that it carries. It shall carry the USFRS XL waste MSDS with
each shipment. It shall pick-up each shipment of USFRS XL waste within
30 days of it receiving a request for such services from USFRS. It
shall deliver each shipment of USFRS XL waste to the USFRS Roseville,
Minnesota facility located at 2430 Rose Place within 30 days of it
being picked-up at a USFRS XL waste generator. A USFRS transporter may
store XL waste for no more than 10 days at a transfer facility without
being subject to regulation under 40 CFR parts 264, 265, 268, and 270
for the storage of those wastes.
Sec. 266.311 Releases of USFRS XL waste during transport.
In the event of a release of USFRS XL waste during transportation,
a USFRS XL waste transporter must take appropriate immediate action to
protect human health and the environment, including preventing the
spilled material from entering a water system or a water body. The
USFRS XL waste transporter also must comply with the provisions of
Sec. 263.31. The USFRS XL waste transporter will contact USFRS and the
nearest police, public safety authority, EPA or MPCA, provide any
emergency responder with a copy of the USFRS XL waste MSDS, handle the
spilled material in accordance with the USFRS XL waste MSDS and the
direction of any governmental entity charged with emergency response
authority; and transport any spilled USFRS XL waste and contaminated
soils or equipment to the USFRS facility located at 2430 Rose Place,
Roseville, Minnesota in a metal 55 gallon drum compatible with the
wastes.
Sec. 266.312 USFRS XL Waste Generator Closure.
(a) Generator responsibilities. At the time of termination of a
USFRS XL generator's participation in the USFRS XL Project, the USFRS
XL waste generator will disconnect its process(es) from the water
treatment resin canisters; implement the alternative treatment or
disposal required by Sec. 266.313; arrange for the transport to USFRS
of all USFRS XL waste that it has in storage; decontaminate any
contamination resulting from the storage or handling of USFRS XL waste;
and document its efforts to comply with this closure requirement.
(b) USFRS responsibilities. Prior to termination of a USFRS XL
waste generator's participation in the USFRS XL Waste Project USFRS
will remove all of the USFRS XL waste in the generator's storage area.
USFRS will inspect the USFRS XL waste generator to determine if all
USFRS XL wastes have been removed and to document the condition of the
USFRS XL waste storage area. USFRS will provide a written summary to
the customer, EPA, MPCA and as appropriate the County Agencies of its
evaluation pursuant to this paragraph (b).
Sec. 266.313 USFRS XL waste generator requirements to maintain
alternate treatment or disposal capacity.
During the period that it is participating in the USFRS XL waste
Project, a USFRS XL waste generator shall maintain the ability to
legally treat or dispose of its process wastes contributing to the
USFRS XL waste by methods other than through transportation and
treatment to USFRS' Roseville, Minnesota facility. A USFRS XL waste
generator may use this alternative treatment or disposal method only
after it has discontinued participation in this XL Project.
Sec. 266.314 Termination of a USFRS XL waste approved customer's
participation in the USFRS XL Project.
The provisions in this section apply to a USFRS XL waste approved
customer who has not yet generated USFRS XL waste. If a USFRS XL waste
approved customer has generated or first caused to be regulated USFRS
XL waste, then it is a USFRS XL waste generator and must comply with
the termination provisions contained in Sec. 266.315. The following
procedures are to be followed to terminate a person's participation in
the federal USFRS XL Project. A USFRS waste approved customer's
participation in the USFRS XL Project will terminate [Date 5 years from
effective date of final rule], but may terminate earlier either
voluntarily, upon changes in ownership, or upon notice by USFRS, EPA,
MPCA or the appropriate County Agency.
(a) Termination by the USFRS XL waste approved customer. A USFRS XL
waste approved customer may terminate its participation in the USFRS XL
Project at any time prior to its first generating USFRS XL wastes. The
USFRS XL waste approved customer will provide 5 days written notice to
USFRS, EPA, MPCA and as appropriate the County Agencies its desire to
discontinue participation in the USFRS XL Project. No further action is
required by such USFRS XL waste approved customer.
(b) Change in ownership. A USFRS XL waste approved customer will be
automatically terminated upon a change in ownership. A USFRS XL waste
approved customer must notify USFRS, EPA, MPCA and as appropriate the
County Agencies within 5 days of a change in its ownership.
(c) Termination by EPA, MPCA, County Agency or USFRS. If EPA or
USFRS propose to terminate a USFRS XL waste approved customer they
shall provide it with 5 days written notice. If MPCA or the County
Agency propose to terminate such person they shall follow their own
procedures and provide EPA and USFRS with the results of such
proceedings. If MPCA or the County Agency terminates such person's
participation in the federal USFRS XL Project, such person will be
automatically terminated without further proceedings under this subpart
N.
Sec. 266.315 Termination of a USFRS XL waste generator's participation
in the USFRS XL Project.
The procedures identified in this subpart are to be followed to
terminate a waste generator's participation in the federal USFRS XL
Project. A USFRS waste generator's participation in the USFRS XL
Project will terminate [Date 5 years from effective date of final
rule], but may terminate earlier either voluntarily, upon changes in
ownership, or upon notice by USFRS, EPA, MPCA or the County Agency.
(a) Termination by the USFRS XL waste generator. The USFRS XL waste
generator will provide 60 days written notice to USFRS, EPA, MPCA and
the County Agencies of its desire to discontinue participation in the
USFRS XL Project. Within the 60 days the USFRS XL waste generator shall
accomplish the closure required by Sec. 266.312.
(b) Termination by EPA, MPCA or the County Agency. EPA, MPCA or the
County Agency may terminate a USFRS XL waste generator's participation.
If EPA proposes to terminate such person's participation then it will
provide the generator with written notice. EPA retains the right to
terminate a USFRS XL waste generator's participation in the USFRS XL
Project if the USFRS XL waste generator is in non-compliance with the
requirements of this subpart. In the event of
[[Page 50308]]
termination by EPA, EPA will provide USFRS, the USFRS XL waste
generator, MPCA, and as appropriate the County Agencies with 15 days
written notice of its intent to terminate a generator's continued
participation in the USFRS XL Project. During this period, which
commences on receipt of the notice to terminate by the generator, the
generator will have the opportunity to come back into compliance or to
provide a written explanation as to why it was not in compliance and
how it intends to return to compliance. If, upon review of the written
explanation EPA re-issues a written notice terminating the generator
from this XL Project the generator shall close in accordance with
Sec. 266.312. The USFRS XL waste generator shall complete the closure
and comply with Sec. 266.312 within sixty days of EPA's re-issuance of
the notice of termination. If MPCA or the County Agency propose to
terminate such person they shall follow their own procedures and
provide EPA and USFRS with the results of such proceedings. If MPCA or
the County Agency terminates such person's participation in the federal
USFRS XL Project, that person's participation will be automatically
terminated without further proceedings under this rule and such person
must comply with the closure requirements contained in Sec. 266.312.
(c) Termination by USFRS. USFRS may terminate a USFRS XL waste
generator's participation in the USFRS XL Project only after providing
60 days written notice to the generator, EPA, MPCA and the county
agency. Within this time USFRS will arrange for the transport to its
facility of the USFRS XL waste in storage. Additionally, USFRS will
inspect the USFRS XL waste generator in accordance with
Sec. 266.312(b).
(d) Termination as a result of changes in ownership. A USFRS XL
waste generator will provide written notice to USFRS, EPA, MPCA and as
appropriate the County Agencies of a change in its ownership. It will
provide such notice within 10 days of the change in ownership. Within
the 60 days of the change in ownership the USFRS XL waste generator
shall accomplish the closure required by Sec. 266.312.
Sec. 266.316 Termination of a USFRS XL waste approved transporter's
participation in the USFRS XL Project.
The provisions in this subpart apply to a USFRS XL waste approved
transporter who has not transported or accepted for transport USFRS XL
waste. If a USFRS XL waste approved transporter has transported or
accepted for transport USFRS XL waste it is a USFRS XL waste
transporter and must comply with the termination provisions contained
in Sec. 266.317. The procedures identified in this subpart are to be
followed to terminate a person's participation in the federal USFRS XL
Project. MPCA or the County Agencies may have their own procedures for
terminating the participation of a person from their version of this
Federal USFRS XL Project. EPA is not bound by and will not follow those
State or County procedures to terminate a person's continued
participation in this USFRS XL Project. A USFRS waste approved
transporter's participation in the USFRS XL Project will terminate
[Date 5 years from effective date of final rule], but may terminate
earlier either voluntarily, upon changes in ownership, or upon notice
by USFRS, EPA, MPCA or the County Agency.
(a) Termination by the USFRS XL waste approved transporter. A USFRS
XL waste approved transporter may terminate its participation in the
USFRS XL Project at any time prior to its first transporting or
accepting for transport USFRS XL wastes. The USFRS XL waste approved
transporter will provide 5 days written notice to USFRS, EPA, MPCA, and
as appropriate the County Agencies of its desire to discontinue
participation in the USFRS XL Project. No further action is required by
such USFRS XL waste approved transporter.
(b) Change in ownership. A USFRS XL waste approved transporter will
be automatically terminated upon a change in ownership. A USFRS XL
waste approved transporter must notify USFRS, EPA, MPCA and as
appropriate the County Agencies within 5 days of a change in its
ownership.
(c) Termination by EPA, MPCA, the County Agencies or USFRS. EPA,
MPCA, the County Agencies and USFRS may also terminate a USFRS XL waste
approved transporter's participation in the USFRS XL. If EPA or USFRS
propose such termination they will provide the transporter, each other,
MPCA and the appropriate County Agencies with 5 days written notice.
Sec. 266.317 Termination of a USFRS XL waste transporter's
participation in the USFRS XL Project.
The procedures identified in this subpart are to be followed to
terminate a person's participation in the federal USFRS XL Project.
MPCA or the County Agencies may have their own procedures for
terminating the participation of a person from their version of this
Federal USFRS XL Project. EPA is not bound by and will not follow those
State or County procedures to terminate a person's continued
participation in this USFRS XL Project. A USFRS waste transporter's
participation in the USFRS XL Project will terminate [Date 5 years from
effective date of final rule], but may terminate earlier either
voluntarily, upon a change in ownership of the transporter, or upon
notice by USFRS, EPA, MPCA or the County Agency.
(a) Termination by the USFRS XL waste transporter--voluntary and
changes in ownership. The USFRS XL waste transporter will provide 10
days written notice to USFRS, EPA, MPCA and as appropriate the County
Agencies of its desire to discontinue participation in the USFRS XL
Project or of a change in ownership. Within 30 days of that notice the
USFRS XL waste transporter will ensure that all of its shipments of
USFRS XL waste are delivered to the USFRS facility.
(b) Termination by EPA, MPCA or the County Agencies. EPA, MPCA or
the County Agencies may terminate a USFRS XL waste transporter's
participation in the USFRS XL Project. If MPCA or the County Agency
propose to terminate such person they shall follow their own procedures
and provide EPA and USFRS with the results of such proceedings. If MPCA
or the County Agency does terminate such person's participation, such
person's participation in the Federal USFRS XL Project will be
automatically terminated without further proceedings under this subpart
and the transporter shall ensure that all shipments of XL waste are
delivered to the USFRS facility within 30 days of notice of
termination. If EPA proposes to terminate a transporter's participation
in the USFRS XL Project EPA will provide such person, MPCA, the County
Agency and USFRS with a 30 days written notice prior to terminating
such person's participation in the USFRS XL Project. EPA retains the
right to terminate a USFRS XL waste transporters participation in the
USFRS XL Project if the USFRS XL waste transporter is not in compliance
with the requirements of this subpart N. During this period, which
commences on receipt of the notice by the transporter, the USFRS XL
waste transporter will have the opportunity to come back into
compliance or to provide a written explanation as to why it was not in
compliance and how it intends to return to compliance. If, upon review
of the written explanation EPA re-issues a written notice terminating
the USFRS XL waste transporter from this XL Project the USFRS XL waste
transporter shall ensure that all shipments of USFRS XL waste are
delivered to the USFRS facility within 30 days of such re-issued
notice.
[[Page 50309]]
(c) Termination by USFRS. USFRS may terminate a USFRS XL waste
transporter's participation in the USFRS XL Project only after
providing 30 days written notice to the transporter, EPA, MPCA and as
appropriate the County Agencies. Within this time USFRS will arrange
for the transport to its facility of the USFRS XL waste in the
possession of the USFRS XL waste transporter.
(d) Change in ownership. A USFRS XL waste transporter will be
automatically terminated upon a change in ownership. A USFRS XL waste
transporter must notify USFRS, EPA, the County Agencies and MPCA within
5 days of a change in its ownership.
Sec. 266.318 Termination of USFRS' participation in this XL Project.
The procedures identified in this subpart are to be followed to
terminate USFRS' participation in the federal USFRS XL Project. MPCA or
the County Agencies may have their own procedures for terminating
USFRS' participation from their version of this federal USFRS XL
Project. EPA is not bound by and will not follow those State or County
procedures to terminate USFRS' continued participation in this USFRS XL
Project. USFRS' participation in the USFRS XL Project will terminate
[Date 5 years from effective date of final rule], but may terminate
earlier either voluntarily, upon a change in ownership of USFRS, or
upon notice of EPA, MPCA or as appropriate the County Agency. If there
is a change of ownership at USFRS, USFRS shall give EPA, MPCA and the
appropriate County Agencies 30 days notice of the change. EPA will
notify USFRS if its participation in this USFRS XL Project will
terminate. The USFRS XL Waste Project is terminated if USFRS''
participation is terminated. In such an instance USFRS must supply EPA,
MPCA and the County Agencies with a proposed schedule for transitioning
all USFRS XL Project participants to compliance with the RCRA
requirements within 120 days of a notice to terminate pursuant to this
section.
(a) USFRS' termination of its participation in this XL Project--
voluntary termination. USFRS will provide written notice to all USFRS
XL Project participants (e.g., USFRS XL waste approved customers and
approved transporters, USFRS XL waste generators and transporters),
EPA, MPCA and the County Agencies of its desire to discontinue
participation in the USFRS XL Project (``voluntary termination'') USFRS
will provide its notice of voluntary termination 120 days prior to the
date it proposes to terminate this XL Project. Within this 120 days
USFRS will arrange for the transition of it and the USFRS XL waste
Project participants to return to compliance with the RCRA
requirements. During this time all USFRS XL Project participants will
complete all closure activities required by Sec. 266.312.
(b) Termination as a result in a change of ownership of USFRS.
USFRS will provide written notice to EPA, MPCA and the County Agencies
of any change in ownership of USFRS. USFRS will provide this notice
within 30 days of the change in ownership. Within 90 days of USFRS's
notice of a change in ownership USFRS will arrange for the transition
of all USFRS XL waste Project participants to return to compliance with
the RCRA requirements. All USFRS XL waste Project participants will
complete all closure activities required by Sec. 266.312.
(c) EPA or MPCA termination of the USFRS XL Project.
(1) EPA or MPCA may terminate this XL Project after providing
written notice to USFRS. EPA retains the right to terminate this XL
Project if:
(i) USFRS is in non-compliance with the requirements of this
subpart;
(ii) This Project does not provide superior environmental benefit;
or
(iii) There is repeated non-compliance by USFRS XL waste generators
or transporters.
(2) In the event of termination by EPA, EPA will provide USFRS,
MPCA and the County Agencies with 30 days written notice of its intent
to terminate USFRS' participation in this XL Project. During this
period, which commences on receipt of the notice by USFRS, USFRS will
have the opportunity to come back into compliance, to provide a written
explanation as to why it was not in compliance and how it intends to
return to compliance or otherwise respond to the reasons for EPA's
proposed termination. If, upon review of the written explanation EPA
re-issues a written notice terminating this XL Project then USFRS shall
submit to EPA within 30 days of its receipt of the re-issued notice its
plan for transitioning all USFRS XL waste Project participants to
compliance with the RCRA requirements. This transition plan shall
contain a proposed schedule which accomplishes compliance with RCRA
within 120 days of EPA's re-issued written notice.
Sec. 266.319 USFRS recordkeeping and reporting requirements.
(a) Annual reporting. USFRS will provide an annual report, on
October 1, on all USFRS XL wastes. It will provide the information
separately for each USFRS XL waste generator. The annual report, at a
minimum, will include:
(1) An identification of each USFRS XL waste generator who sent
USFRS XL wastes to USFRS; the quantity of XL waste that USFRS received
from each USFRS XL waste generator during the calendar year and a
certification by USFRS that those USFRS XL wastes were treated and
recycled at USFRS in accordance with this subpart N;
(2) The amount of water recycled by the generators, the
pretreatment chemicals and energy the generators did not use as a
result of participating in this USFRS XL Project, the amount of water
discharged to the local POTW before and during this project, the amount
of sludge recovered by USFRS before and during this project, the amount
of sludge recovered as opposed to disposed of by a generator (if the
generator disposed of the sludge prior to participating in this
project), the quantity of material (ion exchange resins, other
wastewater treatment sludge, residues) collected from each facility
(monthly), the frequency of canister replacement in terms of process
volume, the constituents in the material (ion exchange resins, other
wastewater treatment sludge, residues) collected at each facility
(e.g., recoverable metals, contaminants/non-recoverable materials), and
constituents in the material (ion exchange resins, other wastewater
treatment sludge, residues) disposed by each facility (e.g.,
contaminants/non-recoverable material);
(3) Quantity of material (ion exchange resins, other wastewater
treatment sludge, residues) to be processed from the XL waste at the
USFRS Roseville facility, quantity of the metals recovered from the XL
waste at the USFRS Roseville facility, the constituents of the
recovered material (ion exchange resins, other wastewater treatment
sludge, residues from the XL waste), quantity and constituents of the
non-recoverable material from the XL waste (ion exchange resins, other
wastewater treatment sludge, residues), and how it was disposed of; and
(4) The quantity of each metal recovered at each metals reclamation
facility it uses for this Project.
(b) Quarterly reporting. USFRS will submit a quarterly report to
EPA, MPCA and the County Agencies on October 1, January 1, April 1 and
July 1 which will include:
(1) Sufficient information for EPA to determine the amount of
superior environmental benefit resulting from this project. That report
will, at a minimum, contain information which includes, but is not
limited to: the
[[Page 50310]]
volume of water and waste collected and recycled; the amount of metals
recycled; the volume of recycled material sold to others; data
regarding the management of the ion exchange canisters; the
constituents of the sludge; and information regarding how the sludge
and residues are managed;
(2) Financial information related to the costs and savings realized
as a result of implementation of this project. USFRS will collect
baseline and XL costs.
(i) The baseline costs shall be calculated using two scenarios:
(A) Typical expenses (including any hazardous waste taxes) of the
generator (prior to the XL Project) for pretreating and disposing
effluent wastewater under the applicable Clean Water Act requirements
and the costs for manifesting, transporting and disposing of F006
sludges; and
(B) Typical expenses of the generator that would be incurred if
waste were recycled in compliance with RCRA and requirements for
manifesting and transportation of those hazardous wastes (including tax
obligations under both scenarios).
(ii) The XL costs will include the costs to the generator for
completing the Transportation Tracking Document, the transportation
costs for XL wastes, the generator's cost to install the ion exchange
canisters, any other costs the generator incurs such as cleaning up any
spills, payment of hazardous waste taxes, etc., the cost to USFRS of
metals reclamation off-site (including costs associated with
transportation or disposal). USFRS will compare the baseline costs to
the XL costs and provide an analysis of whether the project is
resulting in cost savings for generators and which aspects of the XL
Project produce any savings.
USFRS will also submit any of the information required in
paragraphs (b)(2)(i) (A) and (B) of this section upon request by EPA,
MPCA or the County Agency;
(3) A list of all USFRS XL Waste Approved Customers and Generators.
USFRS shall include on that list the customer and generator's name, a
summary of the results of the USFRS waste characterization of the
customer and generator's waste stream(s) and process(es), the
customer's and generator's process waste streams approved for
participation in the USFRS XL Waste Project, the unique client number
USFRS has assigned to the customer and generator and its waste stream,
the date of USFRS notice to EPA and MPCA proposing to add the customer
and generator to the USFRS XL Project; the date on which USFRS notified
the customer that it is approved for participation in this USFRS XL
Project; and the date USFRS received the signed FPA and certification
from the customer or generator. The list shall also contain the date of
any notice of termination, and if there is a termination, the date on
which USFRS recovered all of its USFRS XL wastes from the generator and
the date USFRS conducted its visual evaluation of the condition of the
USFRS XL waste storage areas and notice of compliance with
Sec. 266.312. USFRS will update its waste customer and generator list
when new customers and generators have been approved by EPA, MPCA and
the County Agencies or when a customer or generator has been terminated
from this XL Project; and
(4) A list of all USFRS XL Waste Approved Transporters. USFRS shall
include on this list the transporter's unique USFRS client number, the
transporter's name, and if available, EPA identification number and its
Minnesota registration number, the date of USFRS notice to EPA and MPCA
proposing to add the transporter to the USFRS XL Project; the date on
which USFRS notified the transporter that it is a USFRS XL Waste
Approved Transporter; and the date on which it received the signed
USFRS XL waste FPA and certification. The list shall also contain the
date of any notice of termination, and if there is a termination, the
date on which USFRS recovered all of its USFRS XL wastes from the
transporter. This USFRS XL waste transporter list may be modified upon
approval of EPA and MPCA.
(c) Recordkeeping. USFRS will retain for three years a copy of
USFRS XL waste application forms, and correspondence with each USFRS XL
waste approved customer and generator; records of any spill or leak
notifications it receives; records of its compliance with this subpart
N; and the USFRS XL waste Transportation Tracking Document for each
shipment from a USFRS XL waste generator.
Sec. 266.320 USFRS XL waste generator recordkeeping and reporting
requirement.
A USFRS XL waste generator will retain for three years a copy of
the USFRS XL Waste FPA, with all appropriate signatures; its USFRS XL
waste certification; its log of weekly inspections required by
Sec. 266.308(d); its record of any notification of spills or leaks of
its USFRS XL wastes required by Sec. 266.308(e); its compliance with
the training and facility contact requirements of Sec. 266.308(h); a
copy of the signed Transportation Tracking Document for USFRS XL waste
it generated; and documentation of its compliance with Sec. 266.312.
Sec. 266.321 USFRS XL waste transporter recordkeeping and reporting
requirement.
A USFRS XL waste transporter will retain for three years a copy of
the USFRS XL Waste FPA, with all appropriate signatures; its USFRS XL
waste certification; a copy of the signed Transportation Tracking
Document for USFRS XL waste it transported; and its record of any
notification of spills or leaks of its USFRS XL wastes required by
Sec. 266.311.
Sec. 266.322 Effective dates.
This subpart N is effective from [Effective date of final rule]
until [Date 5 years from effective date of final rule].
[FR Doc. 00-20424 Filed 8-16-00; 8:45 am]
BILLING CODE 6560-50-P