[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Rules and Regulations]
[Pages 76168-76174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24367]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-8012-4]
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 Saturn Corporation in Spring Hill,
Tennessee (Saturn) to exclude (or ``delist'') a certain hazardous waste
from the lists of hazardous wastes. Saturn generates the petitioned
waste, the wastewater treatment plant (WWTP) sludge, by treating
wastewater from Saturn's chemical conversion coating of aluminum. The
waste so generated is a wastewater treatment sludge that meets the
definition of F019. Saturn petitioned EPA to grant a ``generator-
specific'' delisting because Saturn believes that its F019 waste does
not meet the criteria for which this type of waste was listed. EPA
reviewed all of the waste-specific information provided by Saturn,
performed calculations, and determined that the waste could be disposed
in a landfill without harming human health and the environment. This
action responds to Saturn's petition to delist this waste on a
generator-specific basis from the hazardous waste lists, and to public
comments on the proposed rule. EPA took into account the public
comments on the proposed rule before setting the final delisting
levels. Final delisting levels in the waste leachate are based on the
EPA, Region 6's Delisting Risk Assessment Software. In accordance with
the conditions specified in this final rule, Saturn's petitioned waste
is excluded from the requirements of hazardous waste regulations under
Subtitle C of the Resource Conservation and Recovery Act (RCRA).
DATES: Effective December 23, 2005.
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 public may copy
material from this regulatory docket at $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For general and technical information
concerning this final rule, please contact Kris Lippert, 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) 562-8605,
or call, toll free (800) 241-1754. Questions may also be e-mailed to
Ms. Lippert at [email protected].
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 Saturn Corporation,
Spring Hill, Tennessee (Saturn)
A. What Waste Did Saturn Petition EPA to Delist?
B. What Information Did Saturn 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. Regulatory Impact
VI. Congressional Review Act
VII. Executive Order 12875
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 Sec. Sec. 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, which is
recommended by EPA Headquarters in Washington, DC and all EPA Regions,
and can 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.
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, Sec. Sec. 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
[[Page 76169]]
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
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. The mixture
and derived-from rules are codified in 40 CFR 261.3 (b)(2) and
(c)(2)(i). EPA plans to address 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 Sec. Sec. 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?
Saturn manufactures Saturn automobiles, and is seeking a delisting
for the WWTP sludge generated from conversion coating on aluminum. The
WWTP sludge does not meet a hazardous waste listing definition when
steel-only automobile bodies are manufactured. However, the wastewater
treatment sludge generated at automobile manufacturing plants where
aluminum is used as a component of automobile bodies, meets the listing
definition F019 in Sec. 261.31.
Saturn petitioned EPA, Region 4, on December 13, 2004, to exclude
this F019 waste on a generator-specific basis from the lists of
hazardous wastes in 40 CFR part 261, subpart D.
The hazardous constituents of concern for which F019 was listed are
hexavalent chromium and cyanide (complexed). Saturn petitioned the EPA
to exclude its F019 waste because Saturn does not use either of these
constituents in the manufacturing process. Therefore, Saturn does not
believe that the waste meets the criteria of the listing. Saturn claims
that its F019 waste will not be hazardous because the constituents of
concern for which F019 is listed will be present only at low
concentrations and will not leach out of the waste at significant
concentrations. Saturn 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).
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). As a result of the EPA's
evaluation of Saturn's petition, the Agency is granting a delisting to
Saturn with conditions described below, on December 23, 2005. Today's
rulemaking addresses public comments received on the proposed rule and
finalizes the proposed decision to grant Saturn's petition for
delisting.
II. Summary of Delisting Petition Submitted by Saturn Corporation,
Spring Hill, Tennessee (Saturn)
A. What Waste Did Saturn Petition EPA to Delist?
Saturn petitioned EPA, Region 4, on December 13, 2004, to exclude a
maximum annual weight of 3,000 cubic yards of its F019 waste, on a
generator-specific basis, from the lists of hazardous wastes in 40 CFR
part 261, subpart D. Saturn manufactures Saturn automobiles, and is
seeking a delisting for the WWTP sludge that will be generated by
treating wastewater from Saturn's chemical conversion coating of
aluminum.
B. What Information Did Saturn Submit To Support This Petition?
In support of its petition, also described in the proposed rule on
August 31, 2005 (see 70 FR 51696-51705, August 31, 2005), Saturn has
submitted laboratory analysis of its WWTP sludge. The laboratory
analysis submitted includes the following: (1) Analysis performed on
samples of its dewatered WWTP sludge taken and analyzed by EPA (2)
analysis of the dewatered WWTP sludge performed by Saturn on split
samples provided to the facility by EPA and (3) analysis of the
dewatered WWTP sludge performed by Saturn on samples taken by the
facility.
The analysis performed by Saturn on the split samples of the WWTP
sludge provided to the facility by EPA was submitted for laboratory
testing for the entire 40 CFR part 264 Appendix IX constituent list
(including volatile organic compounds (VOCs), semi-volatile organic
compounds (SVOCs), metals, and PCBs) and hexavalent chromium, TCLP
metals, cyanide, and total solids. Based on the laboratory data, data
validation results, and Saturn's communications with the EPA, Saturn
prepared a Sampling and Analysis Plan which was submitted to the EPA
and approved.
In accordance with the approved Sampling and Analysis Plan and to
support its petition, Saturn collected additional WWTP sludge samples
for laboratory testing. The samples were collected from six roll-off
containers representing waste generated at Saturn over a seven-week
period. The samples were analyzed as follows: (1) Samples for VOC
analyses (total and TCLP) were collected from six roll-off containers.
The first sample was analyzed for the 40 CFR part 264 Appendix IX VOC
constituent list (total and TCLP). VOCs (total and TCLP) detected in
the first sample were tested in the samples collected from the second
through the sixth roll-off containers. (2) Samples from the six roll-
off containers were analyzed for total and TCLP bis(2-
ethylhexyl)phthalate. (3) Samples from the six roll-off containers were
analyzed for total and TCLP metals (antimony, arsenic, barium,
beryllium, chromium, cobalt, copper, lead, mercury, nickel, thallium,
tin, vanadium, and zinc) and for hexavalent chromium. (4) Samples from
the six roll-off containers were analyzed for corrosivity, total and
TCLP cyanide, ignitability, sulfide, oil and grease, and total solids.
The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method
1311, was used as the extraction procedure for testing the volatile and
semi-volatile constituents of concerns. Leachable metals were tested
using the Extraction Procedure for Oily Wastes (OWEP), SW-846 Method
1330A. The pH of each sample was measured using SW-846 Method 9045C,
and a determination was made that the waste was not ignitable,
corrosive, or reactive (see 40 CFR 261.21-261.23). Oil and grease was
analyzed using SW-846 Method 9071B, total sulfide was tested using SW-
846 Method 9034, and total cyanide was performed using Method SW-846
Method 9012A.
Composite and grab samples of dewatered WWTP sludge were collected
[[Page 76170]]
in accordance with the approved Sampling and Analysis Plan on August
19, 2004 and submitted for laboratory testing.
Upon receipt of the laboratory testing results, the data was
validated by a third party. The maximum values of constituents detected
in any sample of the WWTP sludge or in a TCLP extract of the WWTP
sludge are summarized in Table 1.
Table 1.--Maximum Total and TCLP Concentrations in the Dewatered WWTP Sludge and Corresponding Delisting Limits
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Maximum concentration observed\1\ Maximum allowable delisting level (3,000 cubic yards)
Constituent -------------------------------------------------------------------------------------------------------------------------------- Maximum allowable groundwater
Total (mg/kg) TCLP (mg/l) Total (mg/kg) TCLP (mg/l) concentration ([mu]g/l)
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Volatile Organic Compounds
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Acetone.......................... < 7.5......................... 1.7........................... 141,000,000................... 171........................... 3,750
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Semi-Volatile Organic Compounds
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Bis(2-ethylhexyl)phthalate....... < 25.......................... < 0.0050...................... 51,400........................ 0.146......................... 1.50
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Metals
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Antimony......................... 56............................ < 0.05 J...................... 374,000....................... 0.494......................... 6.0
Arsenic.......................... < 50.......................... < 0.02........................ 312,000....................... 0.224......................... 5.0
Barium........................... 94............................ < 0.35........................ 10,400,000.................... 100........................... 2,000
Beryllium........................ 3.1........................... < 0.029....................... 16,200........................ 0.998......................... 4.0
Chromium......................... 1,310 J....................... < 0.16........................ 10,300,000.................... 5.0........................... 100
Chromium (hexavalent)............ < 4.2......................... NT............................ 3,320......................... 3.71.......................... NA
Cobalt........................... 3.6........................... < 0.038....................... 84,400,000.................... NA............................ 2,250
Copper........................... 91............................ 0.25.......................... 56,300,000.................... 21,800........................ 1,300
Lead............................. 108........................... < 0.19........................ 500,000....................... 5.0........................... 15.0
Mercury.......................... 0.47.......................... < 0.0006...................... 1.82.......................... 0.195......................... 2.00
Nickel........................... 4,400......................... 24.2 J........................ 2,430,000..................... 67.8.......................... 750
Thallium......................... < 20.......................... < 0.026....................... 2,140......................... 0.211......................... 2.00
Tin.............................. < 100......................... 3.18.......................... 844,000,000................... NA............................ 22,500
Vanadium......................... 9.9 J......................... < 0.27........................ 9,850,000..................... 50.6.......................... 263
Zinc............................. 17,200........................ 5.72.......................... 17,200,000.................... 673........................... 11,300
Cyanide.......................... 0.52.......................... < 0.05........................ 1,180,000..................... 8.63.......................... 200
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\1\ These levels represent the highest concentration of each constituent found in any one sample and do not necessarily represent the specific levels found in one sample.
< Not detected at the specified concentration.
NA Not applicable.
NT Not tested.
J Estimated Concentration.
III. EPA's Evaluation and Final Rule
A. What Decision Is EPA Finalizing and Why?
For reasons stated in both the proposal and this final rule, EPA
believes that Saturn's petitioned waste should be excluded from
hazardous waste control. EPA, therefore, is granting a final generator-
specific exclusion to Saturn, of Spring Hill, Tennessee, for a maximum
annual generation rate of 3,000 cubic yards of the waste described in
its petition as EPA Hazardous Waste Number F019. This waste is required
to undergo verification testing before being considered as excluded
from Subtitle C regulation. Requirements for waste to be land disposed
have been included in this exclusion. The exclusion applies only to the
waste as described in Saturn's petition, dated December 2004.
Although management of the waste covered by this petition is
relieved from Subtitle C jurisdiction, the generator of the delisted
waste must either treat, store, or dispose of the waste in an on-site
facility, or ensure that the waste is delivered to an off-site storage,
treatment, or disposal facility, either of which is permitted, licensed
or registered by a State to manage municipal or industrial solid waste.
Alternatively, the delisted waste may be delivered to a facility that
beneficially uses or reuses, or legitimately recycles or reclaims the
waste, or treats the waste prior to such beneficial use, reuse,
recycling, or reclamation. See 40 CFR part 260, appendix I.
Nonhazardous waste management is subject to all applicable Federal,
state, and local regulations.
B. What Are the Terms of This Exclusion?
In the rule proposed on August 31, 2005 (see 70 FR 51696-51705,
August 31, 2005), delisting levels were calculated using the Delisting
Risk Assessment Software program (DRAS), a Windows-based software tool.
The DRAS estimated the potential release of hazardous constituents from
the petitioned waste and predicted the risk associated with those
releases. The DRAS uses EPA's Composite Model for Leachate Migration
with Transformation Products (EPACMTP) to predict the potential for
release of hazardous constituents to groundwater from landfilled wastes
and subsequent potential routes of exposure to a receptor. In the DRAS
model, the EPA used the maximum estimated waste volume and maximum
reported total and leachate concentrations in the groundwater, soil,
surface water or air. The DRAS program back calculated a maximum
allowable concentration level that would not exceed protective levels
in both the waste and the leachate for each constituent at the annual
waste volume of 3,000 cubic yards.
[[Page 76171]]
The maximum allowable levels for constituents detected in the WWTP
sludge or the leachate from the sludge are summarized in Table 1,
above. Table 1 also includes the maximum allowable levels in
groundwater at a potential receptor well, as evaluated by the DRAS.
In conclusion, Saturn must dispose of the WWTP sludge in a lined
Subtitle D landfill which is permitted, licensed, or registered by a
State to manage industrial waste. This exclusion applies only to a
maximum annual volume of 3,000 cubic yards and is effective only if all
conditions contained in this rule are satisfied. Specifically,
concentrations measured in the TCLP (or OWEP, where appropriate)
extract of Saturn's WWTP sludge must not exceed the following levels
(mg/l): antimony--0.494; arsenic--0.224; total chromium--3.71; lead--
5.0; nickel--68; thallium--0.211; and zinc--673.
If Saturn violates the terms and conditions established in the
exclusion, the EPA will initiate procedures to withdraw the exclusion.
Where there is an immediate threat to human health and the environment,
the EPA will evaluate the need for enforcement activities on a case-by-
case basis.
C. When Is the Delisting Effective?
This rule is effective on December 23, 2005. 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 rule reduces the existing
requirements for persons generating hazardous wastes. 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?
The final exclusion being granted today 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 (RCRA)
and State (non-RCRA) 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 exclusion does not apply in those
authorized States. If the petitioned waste will be transported to and
managed in any State with delisting authorization, Saturn must obtain
delisting authorization from that State before the waste may be managed
as nonhazardous in that State.
IV. Public Comments Received on the Proposed Exclusion
A. Who Submitted Comments on the Proposed Rule?
EPA received public comments on the proposed rule published in 70
FR 51696-51705, August 31, 2005, from Saturn Corporation, Spring Hill,
Tennessee (Saturn), the petitioner, and Alliance of Automobile
Manufacturers, Washington, DC.
B. Comments and Responses From EPA
Comment: Saturn stated that it supports EPA's efforts to delist the
WWTP sludge generated at its Spring Hill, Tennessee facility. In
addition to its support, Saturn also highlighted a few minor typing
errors as well as a few minor wording changes for clarification
concerning the quarterly verification sampling in Table 1 of Appendix
IX to part 261 as well as the submittals of the quarterly and annual
sampling verification testing in Table 1 of Appendix IX to Part 261.
Response: EPA incorporated Saturn's suggested minor typing errors
and clarifications into today's final rule.
Comment: Alliance of Automobile Manufacturers state that it is also
in support of EPA in granting this delisting petition and that it
believes that the F019 listing itself should be revised to exclude
wastewater treatment sludges from automotive industry conversion
coating on aluminum when hexavalent chromium and cyanides are not used
in the process.
Response: Today's final rule is site-specific and waste-specific;
it applies only to Saturn's plant in Spring Hill, Tennessee, and only
to the petitioned waste. A revision of the F019 listing would require a
separate rule-making. EPA understands the Alliance's concern about the
need to revise the F019 listing, but is unable to address this concern
at this time.
V. Regulatory Impact
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a rule of general applicability and therefore is not a
``regulatory action'' subject to review by the Office of Management and
Budget. Because this action is a rule of particular applicability
relating to a facility, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of
1995 (UMRA) (Pub. L. 104-4). Because the rule will affect only one
facility, it will not significantly or uniquely affect small
governments, as specified in section 203 of UMRA, or communities of
tribal governments, as specified in Executive Order 13084 (63 FR 27655,
May 10, 1998). For the same reason, this rule 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 Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This rule does not involve
technical standards; thus, the requirements of section 12(c) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
VI. Congressional Review Act
The Congressional Review Act (5 U.S.C. 801 et seq.) as added by the
Small Business Regulatory Enforcement
[[Page 76172]]
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 Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, the Comptroller General of the
United States prior to publication of the final rule in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will become effective on the date of publication in
the Federal Register.
VII. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a state, local,
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
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: December 1, 2005.
Beverly H. Banister,
Acting Director, Waste Management Division.
0
For the reasons set out in the preamble, 40 CFR part 261 is amended as
follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
0
2. 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
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Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Saturn Corporation.................. Spring Hill, Tennessee...................... Dewatered wastewater
treatment plant (WWTP)
sludge (EPA Hazardous Waste
No. F019) generated at a
maximum rate of 3,000 cubic
yards per calendar year.
The sludge must be disposed
in a lined, Subtitle D
landfill with leachate
collection that is
licensed, permitted, or
otherwise authorized to
accept the delisted WWTP
sludge in accordance with
40 CFR part 258. The
exclusion becomes effective
on December 23, 2005.
For the exclusion to be
valid, Saturn must
implement a verification
testing program that meets
the following conditions:
1. Delisting Levels: The
constituent concentrations
in an extract of the waste
must not exceed the
following maximum allowable
concentrations in mg/l:
antimony--0.494; arsenic--
0.224; total chromium--
3.71; lead--5.0; nickel--
68; thallium--0.211; and
zinc--673. Sample
collection and analyses,
including quality control
procedures, must be
performed using appropriate
methods. As applicable to
the method-defined
parameters of concern,
analyses requiring the use
of SW-846 methods
incorporated by reference
in 40 CFR 260.11 must be
used without substitution.
As applicable, the SW-846
methods might include
Methods 0010, 0011, 0020,
0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061,
1010A, 1020B, 1110A, 1310B,
1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA
Method 1664, Rev. A),
9071B, and 9095B. Methods
must meet Performance Based
Measurement System Criteria
in which the Data Quality
Objectives are to
demonstrate that
representative samples of
Saturn's sludge meet the
delisting levels in this
condition.
2. Waste Holding and
Handling:
(a) Saturn must accumulate
the hazardous waste
dewatered WWTP sludge in
accordance with the
applicable regulations of
40 CFR 262.34 and continue
to dispose of the dewatered
WWTP sludge as hazardous
waste until the results of
the first quarterly
verification testing are
available.
(b) After the first
quarterly verification
sampling event described in
Condition (3) has been
completed and the
laboratory data
demonstrates that no
constituent is present in
the sample at a level which
exceeds the delisting
levels set in Condition
(1), Saturn can manage and
dispose of the dewatered
WWTP sludge as nonhazardous
according to all applicable
solid waste regulations.
(c) If constituent levels in
any sample taken by Saturn
exceed any of the delisting
levels set in Condition
(1), Saturn must do the
following:
(i) Notify EPA in accordance
with Condition (7) and
(ii) Manage and dispose the
dewatered WWTP sludge as
hazardous waste generated
under Subtitle C of RCRA.
[[Page 76173]]
3. Quarterly Testing
Requirements: Upon this
exclusion becoming final,
Saturn may perform
quarterly analytical
testing by sampling and
analyzing the dewatered
WWTP sludge as follows:
(i) Collect one
representative composite
sample (consisting of four
grab samples) of the
hazardous waste dewatered
WWTP sludge at any time
after EPA grants the final
delisting. In addition,
collect the second, third,
and fourth quarterly
samples at approximately
ninety (90)-day intervals
after EPA grants the final
exclusion.
(ii) Analyze the samples for
all constituents listed in
Condition (1). Any roll-
offs from which the
composite sample is taken
exceeding the delisting
levels listed in Condition
(1) must be disposed as
hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45)
days after taking its first
quarterly sample, Saturn
will report its first
quarterly analytical test
data to EPA and will
include the certification
statement required in
condition (6). If levels of
constituents measured in
the sample of the dewatered
WWTP sludge do not exceed
the levels set forth in
Condition (1) of this
exclusion, Saturn can
manage and dispose the
nonhazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
4. Annual Verification
Testing:
(i) If Saturn completes the
quarterly testing specified
in Condition (3) above, and
no sample contains a
constituent with a level
which exceeds the limits
set forth in Condition (1),
Saturn may begin annual
verification testing on an
annual basis. Saturn must
collect and analyze one
sample of the WWTP sludge
on an annual basis as
follows: Saturn must test
one representative
composite sample of the
dewatered WWTP sludge for
all constituents listed in
Condition (1) at least once
per calendar year.
(ii) The sample collected
for annual verification
testing shall be a
representative composite
sample consisting of four
grab samples that will be
collected in accordance
with the appropriate
methods described in
Condition (1).
(iii) The sample for the
annual testing for the
second and subsequent
annual testing events shall
be collected within the
same calendar month as the
first annual verification
sample. Saturn will report
the results of the annual
verification testing to EPA
on an annual basis and will
include the certification
statement required by
Condition (6).
5. Changes in Operating
Conditions: Saturn must
notify EPA in writing when
significant changes in the
manufacturing or wastewater
treatment processes are
implemented. EPA will
determine whether these
changes will result in
additional constituents of
concern. If so, EPA will
notify Saturn in writing
that Saturn's sludge must
be managed as hazardous
waste F019 until Saturn has
demonstrated that the
wastes meet the delisting
levels set forth in
Condition (1) and any
levels established by EPA
for the additional
constituents of concern,
and Saturn has received
written approval from EPA.
If EPA determines that the
changes do not result in
additional constituents of
concern, EPA will notify
Saturn, in writing, that
Saturn must verify that
Saturn's sludge continues
to meet Condition (1)
delisting levels.
6. Data Submittals: Saturn
must submit data obtained
through verification
testing at Saturn or as
required by other
conditions of this rule to:
Chief, North Section, RCRA
Enforcement and Compliance
Branch, Waste Management
Division, U.S.
Environmental Protection
Agency Region 4, Sam Nunn
Atlanta Federal Center, 61
Forsyth Street SW.,
Atlanta, Georgia 30303. If
Saturn fails to submit the
required data within the
specified time or maintain
the required records on-
site for the specified
time, the EPA, at its
discretion, will consider
this sufficient basis to re-
open the exclusion as
described in Condition (7).
Saturn must:
(A) Submit the data obtained
through Condition (3)
within the time specified.
The quarterly verification
data must be submitted to
EPA in accordance with
Condition (3). The annual
verification data and
certification statement of
proper disposal must be
submitted to EPA annually
upon the anniversary of the
effective date of this
exclusion. All data must be
accompanied by a signed
copy of the certification
statement in 40 CFR
260.22(i)(12).
(B) Compile, Summarize, and
Maintain Records: Saturn
must compile, summarize,
and maintain at Saturn
records of operating
conditions and analytical
data records of analytical
data from Condition (3),
summarized, and maintained
on-site for a minimum of
five years. Saturn must
furnish these records and
data when either the EPA or
the State of Tennessee
requests them for
inspection.
(C) Send along with all data
a signed copy of the
following certification
statement, to attest to the
truth and accuracy of the
data submitted: ``I certify
under penalty of law that I
have personally examined
and am familiar with the
information submitted in
this demonstration and all
attached documents, and
that, based on my inquiry
of those individuals
immediately responsible for
getting the information, I
believe that the submitted
information is true,
accurate, and complete. I
am aware that there are
significant penalties for
sending false information,
including the possibility
of fine and imprisonment.''
7. Reopener.
[[Page 76174]]
(A) If, at any time after
disposal of the delisted
waste, Saturn possesses or
is otherwise made aware of
any data (including but not
limited to leachate data or
groundwater monitoring
data) relevant to the
delisted WWTP sludge at
Saturn indicating that any
constituent is at a level
in the leachate higher than
the specified delisting
level or TCLP regulatory
level, then Saturn must
report the data, in
writing, to the Regional
Administrator within ten
(10) days of first
possessing or being made
aware of that data.
(B) Based upon the
information described in
Paragraph (A) and any other
information received from
any source, the EPA
Regional Administrator will
make a preliminary
determination as to whether
the reported information
requires EPA action to
protect human health or the
environment. Further action
may include suspending, or
revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(C) If the Regional
Administrator determines
that the reported
information does require
EPA action, the Regional
Administrator will notify
Saturn in writing of the
actions the Regional
Administrator believes are
necessary to protect human
health and the environment.
The notification shall
include a statement of the
proposed action and a
statement providing Saturn
with an opportunity to
present information as to
why the proposed EPA action
is not necessary. Saturn
shall have ten (10) days
from the date of the
Regional Administrator's
notice to present the
information.
(D) Following the receipt of
information from Saturn, or
if Saturn presents no
further information after
10 days, the Regional
Administrator will issue a
final written determination
describing the EPA actions
that are necessary to
protect human health or the
environment. Any required
action described in the
Regional Administrator's
determination shall become
effective immediately,
unless the Regional
Administrator provides
otherwise.
8. Notification
Requirements: Before
transporting the delisted
waste, Saturn must provide
a one-time written
notification to any State
Regulatory Agency to which
or through which it will
transport the delisted WWTP
sludge for disposal. The
notification will be
updated if Saturn
transports the delisted
WWTP sludge to a different
disposal facility. Failure
to provide this
notification will result in
a violation of the
delisting variance and a
possible revocation of the
decision.
* * * * * * *
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[FR Doc. 05-24367 Filed 12-22-05; 8:45 am]
BILLING CODE 6560-50-P