[Federal Register Volume 67, Number 162 (Wednesday, August 21, 2002)]
[Rules and Regulations]
[Pages 54124-54132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRL-7264-1]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Final Exclusion

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) today is 
granting a petition submitted by the United States Department of Energy 
Savannah River Operations Office (DOE-SR) to exclude (or ``delist'') 
certain hazardous wastes from the lists of hazardous wastes under the 
Resource Conservation and Recovery Act (RCRA). DOE-SR generated the 
petitioned waste by treating wastes from various activities at the 
Savannah River Site (SRS). The petitioned waste meets the definitions 
of listed RCRA hazardous wastes F006 and F028. DOE-SR petitioned EPA to 
grant a one-time, generator-specific delisting for its F006 and F028 
waste, because DOE-SR believes that its waste does not meet the 
criteria for which theses types of wastes were listed. The waste is a 
radioactive mixed waste (RMW) because it is both a RCRA hazardous waste 
and a radioactive waste. EPA reviewed all of the waste-specific 
information provided by DOE-SR, performed calculations, and determined 
that the waste, which has a low level of radioactivity, could be 
disposed in a landfill for low-level radioactive waste without harming 
human health and the environment. The petition is for a one-time 
delisting, because the petitioned waste has been generated, will be 
completely disposed of at one time, and will not be generated again. 
Today's final rule grants DOE-SR's petition to delist its F006 and F028 
waste. No public comments on the proposed rule were received. Today's 
final action means that DOE-SR's petitioned waste will no longer be 
classified as F006 and F028, and will not be subject to regulation as a 
hazardous waste under Subtitle C of RCRA, provided that it is disposed 
in a low-level radioactive waste landfill, in accordance with the 
Atomic Energy Act. The waste will still be subject to the Atomic Energy 
Act and local, State, and Federal regulations for low-level radioactive 
solid wastes that are not RCRA hazardous wastes.

EFFECTIVE DATE: This rule is effective on August 21, 2002.

ADDRESSES: The RCRA regulatory docket for this final rule is located at 
the EPA Library, U.S. Environmental Protection Agency, Region 4, Sam 
Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 
30303, and is available for viewing from 9 a.m. to 4 p.m., Monday 
through Friday, excluding Federal holidays.
    The reference number for this docket is R4-01-02-DOESRSF. The 
public may copy material from any regulatory docket at no cost for the 
first 100 pages, and at a cost of $0.15 per page for additional copies. 
For copying at the South Carolina Department of Health and 
Environmental Control (SCDHEC), please see below.

[[Page 54125]]


FOR FURTHER INFORMATION CONTACT: For general and technical information 
concerning this final rule, please contact Judy Sophianopoulos, RCRA 
Enforcement and Compliance Branch (Mail Code 4WD-RCRA), U.S. 
Environmental Protection Agency, Region 4, Sam Nunn Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8604, 
or call, toll free (800) 241-1754, and leave a message, with your name 
and phone number, for Ms. Sophianopoulos to return your call. Questions 
may also be e-mailed to Ms. Sophianopoulos at 
[email protected]. You may also contact Myra C. Reece, 
Director, South Carolina Department of Health and Environmental 
Control, Lower Savannah District Environmental Quality Control, 218 
Beaufort Street, NE., Aiken, South Carolina 29801, Phone: (803) 641-
7670. If you wish to copy documents at SCDHEC, Lower Savannah District 
Environmental Quality Control, please contact Ms. Reece for copying 
procedures and costs.

SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed 
in the following outline:

I. Background
    A. What Is a Delisting Petition?
    B. What Laws and Regulations Give EPA the Authority to Delist 
Wastes?
    C. What is the History of this Rulemaking?
II. Summary of Delisting Petition Submitted by the United States 
Department of Energy Savannah River Operations Office (DOE-SR)
    A. What Waste Did DOE-SR Petition EPA to Delist?
    B. What Information Did DOE-SR Submit to Support This Petition?
III. EPA's Evaluation and Final Rule
    A. What Decision Is EPA Finalizing and Why?
    B. What Are the Terms of This Exclusion?
    C. When Is the Delisting Effective?
    D. How Does This Action Affect the States?
IV. Public Comments Received on the Proposed Exclusion
    A. Who Submitted Comments on the Proposed Rule?
    B. Comments and Responses From EPA
V. Analytical and Regulatory Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. What Economic and Equity Analyses Were Completed in Support 
of the Proposed Delisting for DOE-SR's Petitioned Waste: Residue 
from Treating M-Area Waste by Vitrification and Cementitious 
Treatability Samples?
    C. What Substantive Comments Were Received on the Cost/Economic 
Aspects of the Proposed Delisting for DOE-SR's Petitioned Waste: 
Residue from Treating M-Area Waste by Vitrification and Cementitious 
Treatability Samples?
    D. What Are the Potential Costs and Benefits of Today's Final
    Rule?
    E. What Consideration Was Given to Small Entities Under 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.?
    F. Was the Unfunded Mandates Reform Act Considered in this Final 
Rule?
    G. Were Equity Issues and Children's Health Considered in this 
Final Rule?
    1. Executive Order 12898: Environmental Justice
    2. Executive Order 13045: ``Protection of Children from 
Environmental Health Risks and Safety Risks''
    H. What Consideration Was Given to Tribal Governments?
    I. Were Federalism Implications Considered in Today's Final 
Rule?
    J. Were Energy Impacts Considered?
VI. Paperwork Reduction Act
VII. National Technology Transfer and Advancement Act of 1995
VIII. The Congressional Review Act (5 U.S.C. 801 et seq., as Added 
by the Small Business Regulatory Enforcement Fairness Act of 1996)

I. Background

A. What Is a Delisting Petition?

    A delisting petition is a request made by a hazardous waste 
generator to exclude one or more of his/her wastes from the lists of 
RCRA-regulated hazardous wastes in Secs. 261.31, 261.32, and 261.33 of 
Title 40 of the Code of Federal Regulations (40 CFR 261.31, 261.32, and 
261.33). The regulatory requirements for a delisting petition are in 40 
CFR 260.20 and 260.22. EPA, Region 6 has prepared a guidance manual, 
Region 6 Guidance Manual for the Petitioner,\1\ which is recommended by 
EPA Headquarters in Washington, DC and all EPA Regions.
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    \1\ This manual may be down-loaded from Region 6's Web site at 
the following URL address: http://www.epa.gov/earth1r6/6pd/rcra_c/pd-o/dlistpdf.htm.
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B. What Laws and Regulations Give EPA the Authority To Delist Wastes?

    On January 16, 1981, as part of its final and interim final 
regulations implementing section 3001 of RCRA, EPA published an amended 
list of hazardous wastes from non-specific and specific sources. This 
list has been amended several times, and is published in 40 CFR 261.31 
and 261.32. These wastes are listed as hazardous because they exhibit 
one or more of the characteristics of hazardous wastes identified in 
subpart C of part 261 (i.e., ignitability, corrosivity, reactivity, and 
toxicity) or meet the criteria for listing contained in Sec. 261.11 
(a)(2) or (a)(3). Discarded commercial chemical product wastes which 
meet the listing criteria are listed in Sec. 261.33(e) and (f).
    Individual waste streams may vary, however, depending on raw 
materials, industrial processes, and other factors. Thus, while a waste 
that is described in these regulations generally is hazardous, a 
specific waste from an individual facility meeting the listing 
description may not be. For this reason, Secs. 260.20 and 260.22 
provide an exclusion procedure, allowing persons to demonstrate that a 
specific waste from a particular generating facility should not be 
regulated as a hazardous waste.
    To have their wastes excluded, petitioners must show, first, that 
wastes generated at their facilities do not meet any of the criteria 
for which the wastes were listed. See Sec. 260.22(a) and the background 
documents for the listed wastes. Second, the Administrator must 
determine, where he/she has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the 
waste was listed could cause the waste to be a hazardous waste, that 
such factors do not warrant retaining the waste as a hazardous waste. 
Accordingly, a petitioner also must demonstrate that the waste does not 
exhibit any of the hazardous waste characteristics (i.e., ignitability, 
reactivity, corrosivity, and toxicity), and must present sufficient 
information for the EPA to determine whether the waste contains any 
other toxicants at hazardous levels. See Sec. 260.22(a), 42 U.S.C. 
6921(f), and the background documents for the listed wastes. Although 
wastes which are ``delisted'' (i.e., excluded) have been evaluated to 
determine whether or not they exhibit any of the characteristics of 
hazardous waste, generators remain obligated under RCRA to determine 
whether or not their wastes continue to be nonhazardous based on the 
hazardous waste characteristics (i.e., characteristics which may be 
promulgated subsequent to a delisting decision.)
    In addition, residues from the treatment, storage, or disposal of 
listed hazardous wastes and mixtures containing listed hazardous wastes 
are also considered hazardous wastes. See 40 CFR 261.3 (a)(2)(iv) and 
(c)(2)(i), referred to as the ``mixture'' and ``derived-from'' rules, 
respectively. Such wastes are also eligible for exclusion and remain 
hazardous wastes until excluded. On December 6, 1991, the U.S. Court of 
Appeals for the District of Columbia vacated the ``mixture/derived-
from'' rules and remanded them to the EPA on procedural grounds. Shell 
Oil Co. v. EPA, 950 F.2d 741 (D.C. Cir. 1991). On March 3, 1992, EPA 
reinstated the mixture and derived-from rules, and solicited comments 
on other

[[Page 54126]]

ways to regulate waste mixtures and residues (57 FR 7628). These rules 
became final on October 30, 1992 (57 FR 49278), and should be consulted 
for more information regarding waste mixtures and solid wastes derived 
from treatment, storage, or disposal of a hazardous waste. On May 16, 
2001, EPA amended the mixture and derived-from rules for certain types 
of wastes (66 FR 27218 and 66 FR 27266). The mixture and derived-from 
rules are codified in 40 CFR 261.3, paragraphs (a)(2)(iv) and 
(c)(2)(i). EPA plans to address all waste mixtures and residues when 
the final portion of the Hazardous Waste Identification Rule (HWIR) is 
promulgated.
    On October 10, 1995, the Administrator delegated to the Regional 
Administrators the authority to evaluate and approve or deny petitions 
submitted in accordance with Secs. 260.20 and 260.22 by generators 
within their Regions (National Delegation of Authority 8-19) in States 
not yet authorized to administer a delisting program in lieu of the 
Federal program. On March 11, 1996, the Regional Administrator of EPA, 
Region 4, redelegated delisting authority to the Director of the Waste 
Management Division (Regional Delegation of Authority 8-19).

C. What is the History of This Rulemaking?

    The United States Department of Energy Savannah River Operations 
Office (DOE-SR), Aiken, South Carolina (DOE-SR), is seeking a delisting 
for vitrified radioactive mixed waste (RMW) generated at the Savannah 
River Site (SRS) in Aiken, South Carolina. The petitioned waste meets 
the listing definitions of F006 and F028 in Sec. 261.31\2\ and was 
generated by vitrification treatment of F006 and F027\3\ waste from the 
SRS--Area where nuclear reactor components were produced. The 
petitioned waste also includes a small volume of non-vitrified waste 
which consists of cementitious treatability samples (EPA Hazardous 
Waste No. F006).
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    \2\ F006: ``Wastewater treatment sludges from electroplating 
operations except from the following processes: (1) Sulfuric acid 
anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc 
plating (segregated basis) on carbon steel; (4) aluminum or zinc-
aluminum plating on carbon steel; and (6) chemical etching and 
milling of aluminum.''
    F028: ``Residues resulting from the incineration or thermal 
treatment of soil contaminated with EPA Hazardous Waste Nos. F020, 
F021, F023, F026, and F027.''
    \3\ F027: ``Discarded unused formulations containing tri-, 
tetra-, or pentachlorophenol or discarded unused formulations 
containing compounds derived from these chlorophenols. (This listing 
does not include formulations containing Hexachlorophene synthesized 
from prepurified 2,4,5-tri-chlorophenol as the sole component.)''
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    The hazardous constituents of concern \4\ for which F006 was listed 
are cadmium, hexavalent chromium, nickel, and cyanide (complexed). F028 
was listed for tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, 
penta-, and hexachlorodibenzofurans; tri-, tetra-, and 
pentachlorophenols and their chlorophenoxy derivative acids, esters, 
ethers, amine and other salts. DOE-SR petitioned the EPA to exclude its 
F028 waste (generated from thermal treatment of F027 waste) and F006 
waste because DOE-SR believes that the petitioned waste does not meet 
the criteria for which the waste was listed. DOE-SR claims that its 
F006 and F028 waste will not be hazardous because the constituents of 
concern for which F006 and F028 are listed are either not present or 
present only at such low concentrations that the waste does not meet 
the criteria in Sec. 261.11(a)(3) for listing a waste as hazardous. 
DOE-SR also believes that this waste will not be hazardous for any 
other reason (i.e., there will be no additional constituents or factors 
that could cause the waste to be hazardous \5\). Review of this 
petition included consideration of the original listing criteria, as 
well as the additional factors required by the Hazardous and Solid 
Waste Amendments (HSWA) of 1984. See section 222 of HSWA, 42 U.S.C. 
6921(f), and 40 CFR 260.22(d)(2)-(4).
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    \4\ The hazardous constituents of concern for every listed waste 
are in Appendix VII of Part 261--Basis for Listing Hazardous Waste.
    \5\ Note that the waste remains subject to the Atomic Energy Act 
because of its radioactivity.
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    DOE-SR petitioned EPA, Region 4, in September 1996 and submitted 
revised petitions in September 1998 and September 2000, to exclude this 
F006 and F028 waste, on a one-time, generator-specific basis, from the 
lists of hazardous wastes in 40 CFR part 261, subpart D.
    As a result of the EPA's evaluation of DOE-SR's petition, the 
Agency proposed to grant a delisting to DOE-SR on March 15, 2002. See 
67 FR 11639-11651, March 15, 2002 for details. EPA received no public 
comments on the proposed rule and today's rulemaking finalizes the 
proposed decision to grant DOE-SR's petition for delisting.

II. Summary of Delisting Petition Submitted by the United States 
Department of Energy Savannah River Operations Office (DOE-SR)

A. What Waste Did DOE-SR Petition EPA To Delist?

    DOE-SR petitioned EPA, Region 4, in September 1996 and submitted 
revised petitions in September 1998 and September 2000, to exclude 538 
cubic yards of vitrified F006 and F028 waste and 0.12 cubic yards of 
cementitious treatability sample F006 waste, on a one-time, generator-
specific basis, from the lists of hazardous wastes in 40 CFR part 261, 
subpart D. DOE-SR treated ten waste streams generated in the Savannah 
River Site M-Area from 1983 through 1999, by vitrification. The 
treatment residue of all these streams is the 538 cubic yards of 
petitioned waste. The 0.12 cubic yards of petitioned waste comes from 
treatability studies of cementing F006 waste, and is referred to as 
cementitious treatability samples.

B. What Information Did DOE-SR Submit To Support This Petition?

    In support of its petition, DOE-SR submitted: (1) Descriptions \6\ 
of the waste streams that contributed to the petitioned waste, the 
areas where the contributing waste streams were generated, and the 
vitrification treatment process that generated the petitioned waste; 
(2) Material Safety Data Sheets (MSDSs) for all chemicals used in 
processes that generated the waste streams from which the petitioned 
waste was derived and the vitrification process that generated the 
petitioned waste; (3) the total volume of petitioned waste generated; 
(4) results of analysis of untreated waste and the petitioned waste for 
all constituents in appendix VIII of 40 CFR part 261 or appendix IX of 
part 264; (5) results of the analysis of leachate obtained by means of 
the Toxicity Characteristic Leaching Procedure ((TCLP), SW-846 Method 
1311), from the petitioned waste and historical results obtained by the 
Extraction Procedure Toxicity leaching method ((EPTox), SW-846 Method 
1310); (6) results of the determinations for the hazardous 
characteristics of ignitability, corrosivity, and reactivity, in these 
wastes; and (7) results of the analysis of the petitioned waste by 
means of the Multiple Extraction Procedure (MEP), SW-846 Method 
1320\7\.
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    \6\ Detailed descriptions may be found in the DOE-SR's Approved 
Site Treatment Plan (1996), developed pursuant to the Federal 
Facility Compliance Act of 1992.
    \7\ ``SW-846'' means EPAs Publication SW-846, ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods.'' Methods in this 
publication are referred to in today's final rule as ``SW-846,'' 
followed by the appropriate method number.

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[[Page 54127]]

    Please see the proposed rule, 67 FR 11639-11651, March 15, 2002 for 
details on DOE-SR's analytical data, vitrification process, and 
generation process for the petitioned waste. A summary of analytical 
data was presented in Preamble Section II, Table 1B of the proposed 
rule (67 FR 11639-11651, March 15, 2002). EPA does not generally verify 
submitted test data before proposing delisting decisions. The sworn 
affidavit submitted with this petition binds the petitioner to present 
truthful and accurate results. The Agency, however, has maintained a 
spot-check sampling and analysis program to verify the representative 
nature of data for some percentage of the submitted petitions. A spot-
check visit to a selected facility may be initiated before or after 
granting a delisting. Section 3007 of RCRA gives EPA the authority to 
conduct inspections to determine if a delisted waste is meeting the 
delisting conditions.

III. EPA's Evaluation and Final Rule

A. What Decision Is EPA Finalizing and Why?

    In today's final rule, EPA is finalizing the delisting exactly as 
proposed in 67 FR 11639-11651, March 15, 2002. Appendix IX, Table 1 of 
40 CFR part 261 is amended as proposed (67 FR 11650-11651). Table 1 
below, which is a reproduction of Table 2 of the proposed rule (67 FR 
11645-11646), summarizes delisting and risk levels calculated by DRAS 
for DOE-SR's petitioned waste.

     Table 1: Delisting and Risk Levels Calculated by DRAS With EPACMTP Model for DOE-SR's Petitioned Waste
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                                                                                               DRAS-calculated
                                                                         DRAS-calculated     hazard quotient for
          Constituent              Delisting level          DAF          risk for maximum          maximum
                                     (mg/l TCLP)                         concentration of   concentration of non-
                                                                       carcinogen in waste   carcinogen in waste
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Arsenic........................  0.0649............  1,330             3.47  x  10-\7\      ....................
Barium.........................  * 5,070; 3,860      1,930             ...................  5.66  x  10-\6\
                                  Based on MCL.
Beryllium (Carcinogenic Effect)  Not Enough          7.21  x  10\3\    2.13  x  10-\11\     ....................
                                  Information:
                                  Effect Based on
                                  Inhalation 28.8
                                  Based on MCL.
Beryllium (Non-Carcinogenic      541; 28.8 Based on  7.21  x  10\3\    ...................  2.16  x  10-\6\
 Effect).                         MCL
Cadmium (Carcinogenic Effect)..  Not Enough          2,080             4.17  x  10-\15\     ....................
                                  Information:
                                  Effect Based on
                                  Inhalation; 10.4
                                  Based on MCL.
Cadmium (Non-Carcinogenic        * 39; 10.4 Based    2,080             ...................  1.15  x  10-\4\
 Effect).                         on MCL
Chromium (Hexavalent;            Not Enough          1,070             5.30  x  10-\12\     ....................
 Carcinogenic Effect).            Information:
                                  Effect Based on
                                  Inhalation; 107
                                  Based on MCL.
Chromium (Not Hexavalent; Non-   * 1.50  x  10\7\;   2.67  x  10\5\    ...................  5.48  x  10-\7\
 Carcinogenic Effect).            2.67  x  10\4\
                                  Based on MCL.
Lead...........................  * 5,200...........  3.46  x  10\5\    ...................  (**)
Nickel.........................  1,960.............  2,610             ...................  5.64  x  10-\4\
Silver.........................  * 266.............  1420              ...................  3.71  x  10-\5\
Fluoride.......................  Not Enough          1,250             ...................  (***)
                                  Information;
                                  4,990 Based on
                                  MCL.
Acetonitrile...................  847...............  1,320             ...................  6.00  x  10-\7\
Total Hazard Quotient for All    ..................  ................  ...................  1.09  x  10-\3\
 Waste Constituents.
Total Carcinogenic Risk for the  ..................  ................  3.48  x  10-\7\      ....................
 Waste (due to Arsenic,
 Beryllium, Cadmium, and
 Hexavalent Chromium).
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* These levels are all greater than the Toxicity Characteristic (TC) regulatory level in 40 CFR 261.24. A waste
  cannot be delisted if it exhibits a hazardous characteristic; therefore, the delisting level for each of these
  constituents could not be greater than the TC level of 100 for Barium; 1.0 for Cadmium; 5.0 for Chromium; 5.0
  for Lead; and 5.0 for Silver. MCL = Maximum Contaminant Level of National Primary Drinking Water Standards.
** Not Enough Information: There is No Reference Dose for Lead.
*** Not Enough Information.

    After reviewing the analytical data and information on processes 
and vitrification feed materials that DOE-SR submitted in the delisting 
petition, EPA developed a list of constituents of concern and 
calculated delisting levels and risks using Region 6 Delisting Risk 
Assessment Software (DRAS) and Dilution Attenuation Factors (DAFs) from 
the EPA Composite Model for Landfills with Transformation Products 
(EPACMTP) (67 FR 11639-11651, March 15, 2002). EPA requested public 
comment on this proposed method of calculating delisting levels and 
risks for DOE-SR's petitioned waste. No public comments were received.
    EPA also requested comment on three additional methods of 
evaluating DOE-SR's delisting petition and determining delisting 
levels: (1) Use of the Multiple Extraction Procedure (MEP), SW-846 
Method 1320, to evaluate the long-term resistance of the waste to 
leaching in a landfill; (2) comparing total concentrations of 
constituents in the waste to the results obtained by DRAS for total 
concentrations; and (3) comparing concentrations of constituents in the 
waste and waste leachate to the Land Disposal Restrictions (LDR) 
Universal Treatment Standards. (1) The MEP results for DOE-SR's 
petitioned waste indicated long-term resistance to leaching in a 
landfill. For example, less than 1% of

[[Page 54128]]

the available nickel would be expected to leach from the waste in more 
than 100 years (67 FR 11646). (2) Total concentrations of constituents 
in the petitioned waste were several orders of magnitude below results 
obtained by DRAS for total concentrations. The maximum reported total 
concentrations for DOE-SR's petitioned waste were all below the 
following levels (mg/kg): Arsenic--10; Barium--200; Beryllium--10; 
Cadmium--10; Chromium--500; Lead--200; Nickel--10,000; Silver--20; 
Acetonitrile--1.0, and Fluoride--1.0. (3) The petitioned waste meets 
the LDR Universal Treatment Standards, as required by the Federal 
Facility Compliance Agreement. No public comments were received.

B. What Are the Terms of This Exclusion?

    In today's final rule, EPA is excluding DOE-SR's petitioned waste 
from being listed as F006 and F028, based on descriptions of waste 
management and waste history, evaluation of the results of waste sample 
analysis, and on the requirement that DOE-SR's petitioned waste must be 
disposed in accordance with the Atomic Energy Act. This exclusion is 
valid only if the petitioner disposes of the waste in a low-level 
radioactive waste landfill in accordance with the Atomic Energy Act, as 
required by the amended Table 1 of appendix IX of 40 CFR part 261. 
Under these conditions, the petitioned waste is not subject to 
regulation under 40 CFR parts 262 through 268 and the permitting 
standards of 40 CFR part 270. Although management of the waste covered 
by this petition is relieved from Subtitle C jurisdiction, the waste 
remains a solid waste under RCRA and a low-level radioactive waste 
under the Atomic Energy Act. As such, the waste must be handled in 
accordance with all applicable Federal, State, and local solid waste 
management and low-level radioactive waste regulations. Pursuant to 
RCRA section 3007, EPA may also sample and analyze the waste to verify 
reported analytical data.

C. When Is the Delisting Effective?

    This final rule is effective on August 21, 2002. The Hazardous and 
Solid Waste Amendments of 1984 amended section 3010 of RCRA to allow 
rules to become effective in less than six months when the regulated 
community does not need the six-month period to come into compliance. 
That is the case here, because this final rule reduces the existing 
requirements for the petitioner. In light of the unnecessary hardship 
and expense that would be imposed on this petitioner by an effective 
date six months after publication and the fact that a six-month 
deadline is not necessary to achieve the purpose of section 3010, EPA 
believes that this exclusion should be effective immediately upon final 
publication. These reasons also provide a basis for making this rule 
effective immediately, upon final publication, under the Administrative 
Procedure Act, pursuant to 5 U.S.C. 553(d).

D. How Does This Action Affect the States?

    This final rule is issued under the Federal (RCRA) delisting 
program. States, however, are allowed to impose their own, non-RCRA 
regulatory requirements that are more stringent than EPA's, pursuant to 
section 3009 of RCRA. These more stringent requirements may include a 
provision which prohibits a Federally issued exclusion from taking 
effect in the States. Because a petitioner's waste may be regulated 
under a dual system (i.e., both Federal and State programs), 
petitioners are urged to contact State regulatory authorities to 
determine the current status of their wastes under the State laws. 
Furthermore, some States are authorized to administer a delisting 
program in lieu of the Federal program, i.e., to make their own 
delisting decisions. Therefore this final exclusion does not apply in 
those authorized States. If the petitioned waste will be transported to 
any State with delisting authorization, SRS must obtain delisting 
authorization from that State before the waste may be managed as 
nonhazardous in that State.
    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 overall 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 under RCRA sections 
3007, 3008, 3013, and 7003. Authorized States also have independent 
authority to bring enforcement actions under State law. A State may 
receive authorization by following the approval process described under 
40 CFR part 271.
    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. The State must adopt such 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. Authorized States are required to modify their programs only 
when EPA promulgates Federal requirements that are more stringent or 
broader in scope than existing Federal requirements. RCRA section 3009 
allows the States to impose standards more stringent than those in the 
Federal program. See also 40 CFR 271.1(i). Therefore, authorized States 
are not required to adopt Federal regulations, both HSWA and non-HSWA, 
that are considered less stringent.
    Today's final rule is promulgated pursuant to HSWA authority, and 
contains provisions that are less stringent than the current Federal 
program. The final exclusion for DOE-SR's petitioned waste would be 
less stringent. Consequently, States would not be required to adopt 
this final exclusion as a condition of authorization of their hazardous 
waste programs.

IV. Public Comments Received on the Proposed Exclusion

A. Who Submitted Comments on the Proposed Rule?

    No one submitted comments on the proposed rule to EPA.

B. Comments and Responses From EPA

    EPA did not receive any comments.

V. Analytical and Regulatory Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, EPA must determine whether a 
regulatory action is significant and, therefore, subject to 
comprehensive review by the Office of Management and Budget (OMB), and 
the other provisions of the Executive Order. A significant regulatory 
action is defined by the Order as one that may:

[[Page 54129]]

--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, or State, local, or tribal governments or 
communities;
--Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency;
--Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or rights and obligations or recipients thereof; 
or
--Raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in Executive Order 
12866.
    EPA has determined that today's final rule is not a significant 
regulatory action as defined by Executive Order 12866 and is, 
therefore, not subject to OMB comprehensive review and the other 
provisions of the Executive Order.

B. What Economic and Equity Analyses Were Completed in Support of the 
Proposed Delisting for DOE-SR's Petitioned Waste: Residue From Treating 
M-Area Waste by Vitrification and Cementitious Treatability Samples?

    No economic and equity analyses were required in support of the 
March 15, 2002 proposed rule. The proposed rule applies only to a one-
time generated waste at a single facility. Therefore the proposal would 
have had no generalized effect on industrial compliance costs and would 
have reduced compliance costs for the single facility, DOE-SR Savannah 
River Site.

C. What Substantive Comments Were Received on the Cost/Economic Aspects 
of the Proposed Delisting for DOE-SR's Petitioned Waste: Residue From 
Treating M-Area Waste by Vitrification and Cementitious Treatability 
Samples?

    EPA received no public comments on the proposed rule to delist DO-
ESR's petitioned waste.

D. What Are the Potential Costs and Benefits of Today's Final Rule?

    The value of any regulatory action is traditionally measured by the 
net change in social welfare that it generates. All other factors being 
equal, a rule that generates positive net welfare would be advantageous 
to society, while a rule that results in negative net welfare to 
society should be avoided.
    Today's final rule applies to a one-time generated waste at a 
single facility. Therefore, EPA has determined that the rule is not 
expected to have any generalized economic, health, or environmental 
effects on society.

E. What Consideration Was Given to Small Entities Under 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.?

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures 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. Small entities include small businesses, 
small organizations, and small governmental jurisdictions. For purposes 
of assessing the impacts of today's final rule on small entities, a 
small entity is defined either by the number of employees or by the 
annual dollar amount of sales/revenues. The level at which an entity is 
considered small is determined for each North American Industrial 
Classification System (NAICS) code by the Small Business Administration 
(SBA).
    EPA has examined the potential effects today's final rule may have 
on small entities, as required by the RFA/Small Business Regulatory 
Enforcement Fairness Act (SBREFA). Today's final rule affects a one-
time generated waste at a single facility, DOE-SR Savannah River Site. 
Therefore, EPA has determined and certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities.

F. Was the Unfunded Mandates Reform Act Considered in This Final Rule?

    Executive Order 12875, ``Enhancing the Intergovernmental 
Partnership'' (October 26, 1993), called on federal agencies to provide 
a statement supporting the need to issue any regulation containing an 
unfunded federal mandate and describing prior consultation with 
representatives of affected state, local, and tribal governments.
    Signed into law on March 22, 1995, the Unfunded Mandates Reform Act 
(UMRA) supersedes Executive Order 12875, reiterating the previously 
established directives while also imposing additional requirements for 
federal agencies issuing any regulation containing an unfunded mandate.
    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 
single 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 that alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, the Agency must develop a small government agency plan, as 
required under section 203 of UMRA. This 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.
    Today's final rule is not subject to the requirements of sections 
202 and 205 of UMRA. Today's final rule will not result in $100 million 
or more in incremental expenditures. The aggregate annualized 
incremental social costs for today's final rule are projected to be 
near zero. Furthermore, today's final rule is not subject to the 
requirements of section 203 of UMRA. Section 203 requires agencies to 
develop a small government Agency plan before establishing any 
regulatory requirements that may significantly or uniquely affect small 
governments, including tribal governments. EPA has determined that this 
final rule will not significantly or uniquely affect small governments.

G. Were Equity Issues and Children's Health Considered in This Final 
Rule?

    By applicable executive order, we are required to consider the 
impacts of today's rule with regard to environmental justice and 
children's health.

[[Page 54130]]

1. Executive Order 12898: Environmental Justice
    Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Population'' (February 
11, 1994), is designed to address the environmental and human health 
conditions of minority and low-income populations. EPA is committed to 
addressing environmental justice concerns and has assumed a leadership 
role in environmental justice initiatives to enhance environmental 
quality for all citizens of the United States. The Agency's goals are 
to ensure that no segment of the population, regardless of race, color, 
national origin, income, or net worth bears disproportionately high and 
adverse human health and environmental impacts as a result of EPA's 
policies, programs, and activities. In response to Executive Order 
12898, and to concerns voiced by many groups outside the Agency, EPA's 
Office of Solid Waste and Emergency Response (OSWER) formed an 
Environmental Justice Task Force to analyze the array of environmental 
justice issues specific to waste programs and to develop an overall 
strategy to identify and address these issues (OSWER Directive No. 
9200.3-17). Today's final rule applies to a one-time generated waste at 
a single facility. We have no data indicating that today's final rule 
would result in disproportionately negative impacts on minority or low 
income communities.
2. Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks''
    ``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 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. Today's final rule is not 
subject to the Executive Order because it is not economically 
significant, as defined in Executive Order 12866.''

H. What Consideration Was Given to Tribal Governments?

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    Today's final rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in the Order. Today's final 
rule will not significantly or uniquely affect the communities of 
Indian tribal governments, nor impose substantial direct compliance 
costs on them.

I. Were Federalism Implications Considered in Today's Final 
Determination?

    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'' are 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.''
    Today's final rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in the Order. Thus, Executive Order 13132 does not apply 
to this final rule.

J. Were Energy Impacts Considered?

    Executive Order 13211, ``Actions Concerning Regulations That Affect 
Energy Supply, Distribution, or Use'' (May 18, 2001), addresses the 
need for regulatory actions to more fully consider the potential energy 
impacts of the proposed rule and resulting actions. Under the Order, 
agencies are required to prepare a Statement of Energy Effects when a 
regulatory action may have significant adverse effects on energy 
supply, distribution, or use, including impacts on price and foreign 
supplies. Additionally, the requirements obligate agencies to consider 
reasonable alternatives to regulatory actions with adverse effects and 
the impacts the alternatives might have upon energy supply, 
distribution, or use.
    Today's final rule applies to a one-time generated waste at a 
single facility and is not likely to have any significant adverse 
impact on factors affecting energy supply. EPA believes that Executive 
Order 13211 is not relevant to this action.

VI. Paperwork Reduction Act

    This final determination does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). Because there are no paperwork requirements as 
part of this final rule, EPA is not required to prepare an Information 
Collection Request (ICR) in support of today's action.

VII. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (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 consensus standards.
    This final rule involves evaluation of environmental monitoring or 
measurement. Consistent with the Agency's Performance Based Measurement 
System (``PBMS''), EPA proposed not to require the use of specific, 
prescribed analytical methods, except when required by regulation in 40 
CFR parts 260 through 270. Therefore, today's final rule allows the use 
of any method that meets the prescribed performance criteria. The

[[Page 54131]]

PBMS approach is intended to be more flexible and cost-effective for 
the regulated community; it is also intended to encourage innovation in 
analytical technology and improved data quality. EPA is not precluding 
the use of any method, whether it constitutes a voluntary consensus 
standard or not, as long as it meets the performance criteria 
specified. Measurements were completed by the facility prior to 
publication of the proposed rule and EPA evaluated the data before 
publishing the proposed rule and promulgating today's final rule.

VIII. The Congressional Review Act (5 U.S.C. 801 et seq., as Added 
by the Small Business Regulatory Enforcement Fairness Act of 1996)

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States.
    The EPA is not required to submit a rule report regarding today's 
action under section 801 because this is a rule of particular 
applicability. Section 804 exempts from section 801 the following types 
of rules: rules of particular applicability; rules relating to agency 
management or personnel; and rules of agency organization, procedures, 
or practice that do not substantially affect the rights or obligations 
of non-agency parties. See 5 U.S.C. 804(3). A ``major rule'' cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will become effective on the date of publication as a 
final rule in the Federal Register.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: August 8, 2002.
Jewell A. Harper,
Acting Director, Waste Management Division.

    For the reasons set out in the preamble, 40 CFR part 261 is amended 
as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

    2. In Table 1 of appendix IX, part 261 add the following 
wastestream in alphabetical order by facility to read as follows:

Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 
260.22.

                               Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
                 Facility                                     Address                       Waste description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Savannah River Site (SRS).................  Aiken, South Carolina.....................  Vitrified waste (EPA
                                                                                         Hazardous Waste Nos.
                                                                                         F006 and F028) that the
                                                                                         United States
                                                                                         Department of Energy
                                                                                         Savannah River
                                                                                         Operations Office (DOE-
                                                                                         SR) generated by
                                                                                         treating the following
                                                                                         waste streams from the
                                                                                         M-Area of the Savannah
                                                                                         River Site (SRS) in
                                                                                         Aiken, South Carolina,
                                                                                         as designated in the
                                                                                         SRS Site Treatment
                                                                                         Plan: W-004, Plating
                                                                                         Line Sludge from
                                                                                         Supernate Treatment; W-
                                                                                         995, Mark 15 Filter
                                                                                         Cake; W-029, Sludge
                                                                                         Treatability Samples
                                                                                         (glass and
                                                                                         cementitious); W-031,
                                                                                         Uranium/Chromium
                                                                                         Solution; W-037, High
                                                                                         Nickel Plating Line
                                                                                         Sludge; W-038, Plating
                                                                                         Line Sump Material; W-
                                                                                         039, Nickel Plating
                                                                                         Line Solution; W-048,
                                                                                         Soils from Spill
                                                                                         Remediation and
                                                                                         Sampling Programs; W-
                                                                                         054, Uranium/Lead
                                                                                         Solution; W-082, Soils
                                                                                         from Chemicals, Metals,
                                                                                         and Pesticides Pits
                                                                                         Excavation; and Dilute
                                                                                         Effluent Treatment
                                                                                         Facility (DETF)
                                                                                         Filtercake (no Site
                                                                                         Treatment Plan code).
                                                                                         This is a one-time
                                                                                         exclusion for 538 cubic
                                                                                         yards of waste
                                                                                         (hereinafter referred
                                                                                         to as ``DOE-SR
                                                                                         Vitrified Waste'') that
                                                                                         was generated from 1996
                                                                                         through 1999 and 0.12
                                                                                         cubic yard of
                                                                                         cementitious
                                                                                         treatability samples
                                                                                         (hereinafter referred
                                                                                         to as ``CTS'')
                                                                                         generated from 1988
                                                                                         through 1991 (EPA
                                                                                         Hazardous Waste No.
                                                                                         F006). The one-time
                                                                                         exclusion for these
                                                                                         wastes is contingent on
                                                                                         their being disposed in
                                                                                         a low-level radioactive
                                                                                         waste landfill, in
                                                                                         accordance with the
                                                                                         Atomic Energy Act,
                                                                                         after [insert date of
                                                                                         final rule.] DOE-SR has
                                                                                         demonstrated that
                                                                                         concentrations of toxic
                                                                                         constituents in the DOE-
                                                                                         SR Vitrified Waste and
                                                                                         CTS do not exceed the
                                                                                         following levels:
                                                                                           (1) TCLP
                                                                                            Concentrations: All
                                                                                            leachable
                                                                                            concentrations for
                                                                                            these metals did not
                                                                                            exceed the Land
                                                                                            Disposal
                                                                                            Restrictions (LDR)
                                                                                            Universal Treatment
                                                                                            Standards (UTS): (mg/
                                                                                            l TCLP): Arsenic--
                                                                                            5.0; Barium--21;
                                                                                            Beryllium--1.22;
                                                                                            Cadmium--0.11;
                                                                                            Chromium--0.60;
                                                                                            Lead--0.75; Nickel--
                                                                                            11; and Silver--
                                                                                            0.14. In addition,
                                                                                            none of the metals
                                                                                            in the DOE-SR
                                                                                            Vitrified Waste
                                                                                            exceeded the
                                                                                            allowable delisting
                                                                                            levels of the EPA,
                                                                                            Region 6 Delisting
                                                                                            Risk Assessment
                                                                                            Software (DRAS): (mg/
                                                                                            l TCLP): Arsenic--
                                                                                            0.0649; Barium--
                                                                                            100.0; Beryllium--
                                                                                            0.40; Cadmium--1.0;
                                                                                            Chromium--5.0; Lead--
                                                                                            5.0; Nickel--10.0;
                                                                                            and Silver--5.0.
                                                                                            These metal
                                                                                            concentrations were
                                                                                            measured in the
                                                                                            waste leachate
                                                                                            obtained by the
                                                                                            method specified in
                                                                                            40 CFR 261.24.
                                                                                           Total Concentrations
                                                                                            in Unextracted
                                                                                            Waste: The total
                                                                                            concentrations in
                                                                                            the DOE-SR Vitrified
                                                                                            Waste, not the waste
                                                                                            leachate, did not
                                                                                            exceed the following
                                                                                            levels (mg/kg):
                                                                                            Arsenic--10; Barium--
                                                                                            200; Beryllium--10;
                                                                                            Cadmium--10;
                                                                                            Chromium--500; Lead--
                                                                                            200; Nickel--10,000;
                                                                                            Silver--20;
                                                                                            Acetonitrile--1.0,
                                                                                            which is below the
                                                                                            LDR UTS of 38 mg/kg;
                                                                                            and Fluoride--1.0

[[Page 54132]]

 
                                                                                           (2) Data Records:
                                                                                            Records of
                                                                                            analytical data for
                                                                                            the petitioned waste
                                                                                            must be maintained
                                                                                            by DOE-SR for a
                                                                                            minimum of three
                                                                                            years, and must be
                                                                                            furnished upon
                                                                                            request by EPA or
                                                                                            the State of South
                                                                                            Carolina, and made
                                                                                            available for
                                                                                            inspection. Failure
                                                                                            to maintain the
                                                                                            required records for
                                                                                            the specified time
                                                                                            will be considered
                                                                                            by EPA, at its
                                                                                            discretion,
                                                                                            sufficient basis to
                                                                                            revoke the exclusion
                                                                                            to the extent
                                                                                            directed by EPA. All
                                                                                            data must be
                                                                                            maintained with a
                                                                                            signed copy of the
                                                                                            certification
                                                                                            statement in 40 CFR
                                                                                            260.22(i)(12).
                                                                                           (3) Reopener
                                                                                            Language: (A) If, at
                                                                                            any time after
                                                                                            disposal of the
                                                                                            delisted waste, DOE-
                                                                                            SR possesses or is
                                                                                            otherwise made aware
                                                                                            of any environmental
                                                                                            data (including but
                                                                                            not limited to
                                                                                            leachate data or
                                                                                            groundwater
                                                                                            monitoring data) or
                                                                                            any other data
                                                                                            relevant to the
                                                                                            delisted waste
                                                                                            indicating that any
                                                                                            constituent is
                                                                                            identified at a
                                                                                            level higher than
                                                                                            the delisting level
                                                                                            allowed by EPA in
                                                                                            granting the
                                                                                            petition, DOE-SR
                                                                                            must report the
                                                                                            data, in writing, to
                                                                                            EPA within 10 days
                                                                                            of first possessing
                                                                                            or being made aware
                                                                                            of that data. (B)
                                                                                            Based on the
                                                                                            information
                                                                                            described in
                                                                                            paragraph (3)(A) and
                                                                                            any other
                                                                                            information received
                                                                                            from any source, EPA
                                                                                            will make a
                                                                                            preliminary
                                                                                            determination as to
                                                                                            whether the reported
                                                                                            information requires
                                                                                            that EPA take action
                                                                                            to protect human
                                                                                            health or the
                                                                                            environment. Further
                                                                                            action may include
                                                                                            suspending or
                                                                                            revoking the
                                                                                            exclusion, or other
                                                                                            appropriate response
                                                                                            necessary to protect
                                                                                            human health and the
                                                                                            environment. (C) If
                                                                                            EPA determines that
                                                                                            the reported
                                                                                            information does
                                                                                            require Agency
                                                                                            action, EPA will
                                                                                            notify the facility
                                                                                            in writing of the
                                                                                            action believed
                                                                                            necessary to protect
                                                                                            human health and the
                                                                                            environment. The
                                                                                            notice shall include
                                                                                            a statement of the
                                                                                            proposed action and
                                                                                            a statement
                                                                                            providing DOE-SR
                                                                                            with an opportunity
                                                                                            to present
                                                                                            information as to
                                                                                            why the proposed
                                                                                            action is not
                                                                                            necessary. DOE-SR
                                                                                            shall have 10 days
                                                                                            from the date of
                                                                                            EPA's notice to
                                                                                            present such
                                                                                            information.(E)
                                                                                            Following the
                                                                                            receipt of
                                                                                            information from DOE-
                                                                                            SR, as described in
                                                                                            paragraph (3)(D), or
                                                                                            if no such
                                                                                            information is
                                                                                            received within 10
                                                                                            days, EPA will issue
                                                                                            a final written
                                                                                            determination
                                                                                            describing the
                                                                                            Agency actions that
                                                                                            are necessary to
                                                                                            protect human health
                                                                                            or the environment,
                                                                                            given the
                                                                                            information received
                                                                                            in accordance with
                                                                                            paragraphs (3)(A) or
                                                                                            (3)(B). Any required
                                                                                            action described in
                                                                                            EPA's determination
                                                                                            shall become
                                                                                            effective
                                                                                            immediately, unless
                                                                                            EPA provides
                                                                                            otherwise.
                                                                                           (4) Notification
                                                                                            Requirements: DOE-SR
                                                                                            must provide a one-
                                                                                            time written
                                                                                            notification to any
                                                                                            State Regulatory
                                                                                            Agency in a State to
                                                                                            which or through
                                                                                            which the delisted
                                                                                            waste described
                                                                                            above will be
                                                                                            transported, at
                                                                                            least 60 days prior
                                                                                            to the commencement
                                                                                            of such activities.
                                                                                            Failure to provide
                                                                                            such a notification
                                                                                            will result in a
                                                                                            violation of the
                                                                                            delisting conditions
                                                                                            and a possible
                                                                                            revocation of the
                                                                                            decision to delist.
----------------------------------------------------------------------------------------------------------------


  
  
[FR Doc. 02-21287 Filed 8-20-02; 8:45 am]
BILLING CODE 6560-50-P