[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)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   Volatile Organic Compounds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Acetone..........................  < 7.5.........................  1.7...........................  141,000,000...................  171...........................  3,750
----------------------------------
                                                                                 Semi-Volatile Organic Compounds
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Bis(2-ethylhexyl)phthalate.......  < 25..........................  < 0.0050......................  51,400........................  0.146.........................  1.50
----------------------------------
                                                                                             Metals
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\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
----------------------------------------------------------------------------------------------------------------
              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