[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Rules and Regulations]
[Pages 51678-51683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20848]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2008-0456; SW-FRL-9191-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Environmental Protection Agency (EPA) is granting a petition 
submitted by Occidental Chemical Corporation (OxyChem) to exclude (or 
delist) its wastewater treatment biosludge generated by its Ingleside, 
Texas facility from the lists of hazardous wastes. This final rule 
responds to the petition submitted by OxyChem to delist K019, K020, 
F025, F001, F003, and F005 waste resulting from the treatment of 
wastewaters from the manufacturing processes at its facility.
    After careful analysis and use of the Delisting Risk Assessment 
Software (DRAS), EPA has concluded that the petitioned waste is not 
hazardous waste. This exclusion applies to 7,500 cubic yards per year 
of the K019, K020, F025, F001, F003, and F005 waste. Accordingly, this 
final rule excludes the petitioned waste from the requirements of 
hazardous waste regulations under the Resource Conservation and 
Recovery Act (RCRA) when it is disposed in a Subtitle D Landfill.

DATES: Effective Date: August 23, 2010.

ADDRESSES: The public docket for this final rule is located at the 
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202, and is available for viewing in the EPA Freedom of 
Information Act review room on the 7th floor from 8 a.m. to 4 p.m., 
Monday through Friday, excluding Federal holidays. Call (214) 665-6444 
for appointments. The reference number for this docket is EPA-R06-RCRA-
2009-0108. The public may copy material from any regulatory docket at 
no cost for the first 100 pages and at a cost of $0.15 per page for 
additional copies.

FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the 
Corrective Action and Waste Minimization Section, Multimedia Planning 
and Permitting Division (6PD-C), Environmental Protection Agency Region 
6, 1445 Ross Avenue, Dallas, Texas 75202. For technical information 
concerning this notice, contact Wendy Jacques, Environmental Protection 
Agency Region 6, 1445 Ross Avenue, (6PD-F), Dallas, Texas 75202, at 
(214) 665-7395, or [email protected].

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this action?
    C. What are the limits of this exclusion?
    D. How will OxyChem manage the waste if it is delisted?
    E. When is the final delisting exclusion effective?
    F. How does this final rule affect States?
II. Background
    A. What is a delisting petition?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did OxyChem petition EPA to delist?
    B. How much waste did OxyChem propose to delist?
    C. How did OxyChem sample and analyze the waste data in this 
petition?
IV. Public Comments Received on the Proposed Exclusion
    A. Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    After evaluating the petition, EPA proposed, on July 9, 2009, to 
exclude the wastewater treatment biosludge from the lists of hazardous 
waste under 40 CFR 261.31 and 261.32 (see 73 FR 54760). EPA is 
finalizing the decision to grant OxyChem's delisting petition to have 
its wastewater treatment biosludge managed and disposed as non-
hazardous waste provided certain verification and monitoring conditions 
are met.

B. Why is EPA approving this action?

    OxyChem's petition requests a delisting from K019, K020, F025, 
F001, F003, and F005 wastes listed under 40 CFR 260.20 and 260.22. 
OxyChem does not believe that the petitioned wastes meet the criteria 
for which EPA listed it. OxyChem also believes no additional 
constituents or factors could cause the waste to be hazardous. EPA's 
review of this petition included consideration of the original listing 
criteria and the additional factors required by the Hazardous and Solid 
Waste Amendments of 1984. See section 3001(f) of RCRA, 42 U.S.C. 
6921(f), and 40 CFR 260.22(d)(1)-(4) (hereinafter all sectional 
references are to 40 CFR unless otherwise indicated). In making the 
final delisting determination, EPA evaluated the petitioned waste 
against the listing criteria and factors cited in Sec.  261.11(a)(2) 
and (a)(3). Based on this review, EPA agrees with the petitioner that 
the waste is non-hazardous with respect to the original listing 
criteria. If EPA had found, based on this review, that the waste 
remained hazardous based on the factors for which the waste as 
originally listed, EPA would have proposed to deny the petition. EPA 
evaluated the waste with respect to other factors or criteria to assess 
whether there is a reasonable basis to believe that such additional 
factors could cause the waste to be hazardous. EPA considered whether 
the waste is

[[Page 51679]]

acutely toxic, the concentration of the constituents in the waste, 
their tendency to migrate and to bioaccumulate, their persistence in 
the environment once released from the waste, plausible and specific 
types of management of the petitioned waste, the quantities of waste 
generated, and waste variability. EPA believes that the petitioned 
waste does not meet the listing criteria and thus should not be a 
listed waste. EPA's final decision to delist the waste water treatment 
biosludge from OxyChem's facility is based on the information submitted 
in support of this rule, including descriptions of the wastes and 
analytical data from the Ingleside, Texas facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in the petition only 
if the requirements described in 40 CFR part 261, Appendix IX, Table 1 
and the conditions contained herein are satisfied.

D. How will OxyChem manage the waste if it is delisted?

    The wastewater treatment biosludge from OxyChem will be disposed of 
in a RCRA Subtitle D landfill.

E. When is the final delisting exclusion effective?

    This rule is effective August 23, 2010. The Hazardous and Solid 
Waste Amendments of 1984 amended Section 3010 of RCRA, 42 U.S.C. 
6930(b)(1) allows rules to become effective less than six months after 
the rule is published when the regulated community does not need the 
six-month period to come into compliance. That is the case here because 
this rule reduces, rather than increases, the existing requirements for 
persons generating hazardous waste. This reduction in existing 
requirements also provides a basis for making this rule effective 
immediately, upon publication, under the Administrative Procedure Act, 
pursuant to 5 U.S.C. 553(d).

F. How does this final rule affect States?

    Because EPA is issuing this exclusion under the Federal RCRA 
delisting program, only States subject to Federal RCRA delisting 
provisions would be affected. This would exclude States which have 
received authorization from EPA to make their own delisting decisions.
    EPA allows States to impose their own non-RCRA regulatory 
requirements that are more stringent than EPA's, under section 3009 of 
RCRA, 42 U.S.C. 6929. These more stringent requirements may include a 
provision that prohibits a Federally issued exclusion from taking 
effect in the State. Because a dual system (that is, both Federal 
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's 
waste, EPA urges petitioners to contact the State regulatory authority 
to establish the status of their wastes under the State law.
    EPA has also authorized some States (for example, Louisiana, 
Oklahoma, Georgia, and Illinois) to administer a RCRA delisting program 
in place of the Federal program; that is, to make State delisting 
decisions. Therefore, this exclusion does not apply in those authorized 
States unless that State makes the rule part of its authorized program. 
If OxyChem transports the petitioned waste to or manages the waste in 
any State with delisting authorization, OxyChem must obtain delisting 
authorization from that State before it can manage the waste as non-
hazardous in the State.

II. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to EPA, or 
another agency with jurisdiction, to exclude or delist from the RCRA 
list of hazardous waste, certain wastes the generator believes should 
not be considered hazardous under RCRA.

B. What regulations allow facilities to delist a waste?

    Under Sec. Sec.  260.20 and 260.22, facilities may petition EPA to 
remove their wastes from hazardous waste regulation by excluding them 
from the lists of hazardous wastes contained in Sec. Sec.  261.31 and 
261.32. Specifically, Sec.  260.20 allows any person to petition the 
Administrator to modify or revoke any provision of 40 CFR parts 260 
through 265 and 268. Section 260.22 provides generators the opportunity 
to petition the Administrator to exclude a waste from a particular 
generating facility from the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow EPA 
to determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. Based 
on the complete application, 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. The generator 
must also supply information to demonstrate that the waste does not 
exhibit any of the characteristics defined in Sec.  261.21-Sec.  
261.24.

III. EPA's Evaluation of the Waste Information and Data

A. What waste did OxyChem petition EPA to delist?

    On September 20, 2007, OxyChem petitioned EPA to exclude from the 
lists of hazardous wastes contained in Sec.  261.31, wastewater 
treatment biosludge (K019, K020, F025, F001, F003, and F005) generated 
from its facility located in Ingleside, Texas. The waste falls under 
the classification of listed waste pursuant to Sec.  261.31.

B. How much waste did OxyChem propose to delist?

    Specifically, in its petition, OxyChem requested that EPA grant a 
standard exclusion for 7,500 cubic yards per year of biosludge 
resulting from the treatment of wastewaters from the manufacturing 
processes at its facility.

C. How did OxyChem sample and analyze the waste data in this petition?

    To support its petition, OxyChem submitted:
     Analytical results of the toxicity characteristic leaching 
procedure and total constituent analysis for volatile and semi volatile 
organics, pesticides, herbicides, dioxins/furans, PCBs and metals for 
four wastewater treatment biosludge samples;
     Analytical results from multiple pH leaching of metals; 
and
     Descriptions of the waste water treatment process.

IV. Public Comments Received on the Proposed Exclusion

A. Who submitted comments on the proposed rule?

    The EPA received a Freedom of Information request for OxyChem's 
original delisting petition and all supporting documents from Arnold & 
Porter LLP. The EPA submitted OxyChem's original delisting petition and 
all supporting documents, excluding all confidential material, to 
Arnold & Porter LLP. No specific comments were received.
    EPA discovered an error in the proposed exclusion for the total 
concentration limit for 2,3,7,8-TCDD in the proposed rule. The 
calculated value for the delisting limit for 2,3,7,8-TCDD should be 
5.23E-04 mg/kg instead of 4.30E-05 mg/kg as was proposed. This

[[Page 51680]]

change does not materially affect the proposal.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this rule is not of general applicability 
and therefore is not a regulatory action subject to review by the 
Office of Management and Budget (OMB). 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.) because it applies to a 
particular facility only. Because this rule is of particular 
applicability relating to a particular 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 
this rule will affect only a particular facility, it will not 
significantly or uniquely affect small governments, as specified in 
section 203 of UMRA. Because this rule will affect only a particular 
facility, this final rule does not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, ``Federalism'', (64 
FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply 
to this rule.
    Similarly, because this rule will affect only a particular 
facility, this final rule does not have Tribal implications, as 
specified in Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, 
Executive Order 13175 does not apply to this rule. This rule also is 
not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant as defined in 
Executive Order 12866, and because the Agency does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children. The basis for this 
belief is that the Agency used the DRAS program, which considers health 
and safety risks to infants and children, to calculate the maximum 
allowable concentrations for this rule. This rule is not subject to 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866. This rule does not involve technical 
standards; thus, the requirements of section 12(d) 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, ``Civil 
Justice Reform'', (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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report which includes a copy of the rule to 
each House of the Congress and to the Comptroller General of the United 
States. Section 804 exempts from section 801 the following types of 
rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability.

Lists of Subjects in 40 CFR Part 261

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

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

    Dated: August 11, 2010.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division, Region 6.

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 Tables 1 and 2 of Appendix IX of Part 261 add the following waste 
stream in alphabetical order by facility to read as follows:

Appendix IX to Part 261--Waste Excluded Under Sec. Sec.  260.20 and 
260.22

                                Table 1--Waste Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
                Facility                            Address                        Waste description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Oxychem.................................  Ingleside, TX..............  Wastewater Treatment Biosludge (EPA
                                                                        Hazardous Waste Number K019, K020, F025,
                                                                        F001, F003, and F005) generated at a
                                                                        maximum rate of 7,500 cubic yards per
                                                                        calendar year after August 23, 2010.
                                                                       For the exclusion to be valid, OxyChem
                                                                        must implement a verification testing
                                                                        program that meets the following
                                                                        Paragraphs:
                                                                       (1)(A) Delisting Levels: All
                                                                        concentrations for those constituents
                                                                        must not exceed the maximum allowable
                                                                        concentrations in mg/l specified in this
                                                                        paragraph.
                                                                       Wastewater treatment biosludge Leachable
                                                                        Concentrations (mg/l): Antimony--0.111;
                                                                        Acetone--533; Arsenic--0.178; Barium--
                                                                        36.9; Bis(2-ethylhexyl)phthalate--6.15;
                                                                        Chromium--2.32; Copper--26.5;
                                                                        Ethylbenzene--11.1; Methylene Chloride--
                                                                        0.0809; Naphthalene--0.0355; Nickel--
                                                                        13.8; Phenanthrene--2.72; Toluene--15.5;
                                                                        Trichloroethane--11900;
                                                                        Trichloroethylene--0.0794; Vanadium--
                                                                        1.00; Zinc--202.
                                                                       (B) Total Concentration Limits in mg/Kg:
                                                                        Tetrachlorodibenzo-p-dioxin (TCDD)
                                                                        2,3,7,8 Equivalent--5.23 E-04
                                                                       (2) Waste Holding and Handling:

[[Page 51681]]

 
                                                                       (A) Waste classification as non-hazardous
                                                                        can not begin until compliance with the
                                                                        limits set in paragraph (1) for
                                                                        wastewater treatment biosludge has
                                                                        occurred for four consecutive weekly
                                                                        sampling events.
                                                                       (B) If constituent levels in any annual
                                                                        sample and retest sample taken by
                                                                        OxyChem exceed any of the delisting
                                                                        levels set in paragraph (1) for the
                                                                        wastewater treatment biosludge, OxyChem
                                                                        must do the following:
                                                                       (i) Notify EPA in accordance with
                                                                        paragraph (6) and
                                                                       (ii) Manage and dispose the wastewater
                                                                        treatment biosludge as hazardous waste
                                                                        generated under Subtitle C of RCRA.
                                                                       (3) Testing Requirements:
                                                                       Upon this exclusion becoming final,
                                                                        OxyChem must perform analytical testing
                                                                        by sampling and analyzing the wastewater
                                                                        treatment biosludge as follows:
                                                                       (A) Initial Verification Testing:
                                                                       (i) Collect four representative composite
                                                                        samples of the wastewater treatment
                                                                        biosludge at weekly intervals after EPA
                                                                        grants the final exclusion. The first
                                                                        composite sample may be taken at any
                                                                        time after EPA grants the final
                                                                        approval. Sampling must be performed in
                                                                        accordance with the sampling plan
                                                                        approved by EPA in support of the
                                                                        exclusion.
                                                                       (ii) Analyze the samples for all
                                                                        constituents listed in paragraph (1).
                                                                        Any composite sample taken that exceeds
                                                                        the delisting levels listed in paragraph
                                                                        (1) indicates that the wastewater
                                                                        treatment biosludge must continue to be
                                                                        disposed as hazardous waste in
                                                                        accordance with the applicable hazardous
                                                                        waste requirements until such time that
                                                                        four consecutive weekly samples indicate
                                                                        compliance with delisting levels listed
                                                                        in paragraph (1).
                                                                       (iii) Within sixty (60) days after taking
                                                                        its last weekly sample, OxyChem will
                                                                        report its analytical test data to EPA.
                                                                        If levels of constituents measured in
                                                                        the samples of the wastewater treatment
                                                                        biosludge do not exceed the levels set
                                                                        forth in paragraph (1) of this exclusion
                                                                        for four consecutive weeks, OxyChem can
                                                                        manage and dispose the non-hazardous
                                                                        wastewater treatment biosludge according
                                                                        to all applicable solid waste
                                                                        regulations.
                                                                       (B) Annual Testing:
                                                                       (i) If OxyChem completes the weekly
                                                                        testing specified in paragraph (3) above
                                                                        and no sample contains a constituent at
                                                                        a level which exceeds the limits set
                                                                        forth in paragraph (1), OxyChem must
                                                                        begin annual testing as follows: OxyChem
                                                                        must test a representative composite
                                                                        sample of the wastewater treatment
                                                                        biosludge for all constituents listed in
                                                                        paragraph (1) at least once per calendar
                                                                        year. If any measured constituent
                                                                        concentration exceeds the delisting
                                                                        levels set forth in paragraph (1),
                                                                        OxyChem must collect an additional
                                                                        representative composite sample within
                                                                        10 days of being made aware of the
                                                                        exceedence and test it expeditiously for
                                                                        the constituent(s) which exceeded
                                                                        delisting levels in the original annual
                                                                        sample.
                                                                       (ii) The samples for the annual testing
                                                                        shall be a representative composite
                                                                        sample according to appropriate methods.
                                                                        As applicable to the method-defined
                                                                        parameters of concern, analyses
                                                                        requiring the use of SW-846 methods
                                                                        incorporated by reference in 40 CFR
                                                                        260.11 must be used 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
                                                                        samples of the OxyChem wastewater
                                                                        treatment biosludge are representative
                                                                        for all constituents listed in paragraph
                                                                        (1).
                                                                       (iii) The samples for the annual testing
                                                                        taken for the second and subsequent
                                                                        annual testing events shall be taken
                                                                        within the same calendar month as the
                                                                        first annual sample taken.
                                                                       (iv) The annual testing report should
                                                                        include the total amount of delisted
                                                                        waste in cubic yards disposed during the
                                                                        calendar year.
                                                                       (4) Changes in Operating Conditions: If
                                                                        OxyChem significantly changes the
                                                                        process described in its petition or
                                                                        starts any processes that generate(s)
                                                                        the waste that may or could affect the
                                                                        composition or type of waste generated
                                                                        (by illustration, but not limitation,
                                                                        changes in equipment or operating
                                                                        conditions of the treatment process), it
                                                                        must notify EPA in writing and it may no
                                                                        longer handle the wastes generated from
                                                                        the new process as non-hazardous until
                                                                        the wastes meet the delisting levels set
                                                                        in paragraph (1) and it has received
                                                                        written approval to do so from EPA.
                                                                       OxyChem must submit a modification to the
                                                                        petition complete with full sampling and
                                                                        analysis for circumstances where the
                                                                        waste volume changes and/or additional
                                                                        waste codes are added to the waste
                                                                        stream.

[[Page 51682]]

 
                                                                       (5) Data Submittals: OxyChem must submit
                                                                        the information described below. If
                                                                        OxyChem fails to submit the required
                                                                        data within the specified time or
                                                                        maintain the required records on-site
                                                                        for the specified time, EPA, at its
                                                                        discretion, will consider this
                                                                        sufficient basis to reopen the exclusion
                                                                        as described in paragraph (6). OxyChem
                                                                        must:
                                                                       (A) Submit the data obtained through
                                                                        paragraph 3 to the Chief, Corrective
                                                                        Action and Waste Minimization Section,
                                                                        Multimedia Planning and Permitting
                                                                        Division, U.S. Environmental Protection
                                                                        Agency Region 6, 1445 Ross Ave., Dallas,
                                                                        Texas 75202, within the time specified.
                                                                        All supporting data can be submitted on
                                                                        CD-ROM or comparable electronic media.
                                                                       (B) Compile records of analytical data
                                                                        from paragraph (3), summarized, and
                                                                        maintained on-site for a minimum of five
                                                                        years.
                                                                       (C) Furnish these records and data when
                                                                        either EPA or the State of Texas
                                                                        requests them for inspection.
                                                                       (D) Send along with all data a signed
                                                                        copy of the following certification
                                                                        statement, to attest to the truth and
                                                                        accuracy of the data submitted:
                                                                       ``Under civil and criminal penalty of law
                                                                        for the making or submission of false or
                                                                        fraudulent statements or representations
                                                                        (pursuant to the applicable provisions
                                                                        of the Federal Code, which include, but
                                                                        may not be limited to, 18 U.S.C. 1001
                                                                        and 42 U.S.C. 6928), I certify that the
                                                                        information contained in or accompanying
                                                                        this document is true, accurate and
                                                                        complete.
                                                                       As to the (those) identified section(s)
                                                                        of this document for which I cannot
                                                                        personally verify its (their) truth and
                                                                        accuracy, I certify as the company
                                                                        official having supervisory
                                                                        responsibility for the persons who,
                                                                        acting under my direct instructions,
                                                                        made the verification that this
                                                                        information is true, accurate and
                                                                        complete.
                                                                       If any of this information is determined
                                                                        by EPA in its sole discretion to be
                                                                        false, inaccurate or incomplete, and
                                                                        upon conveyance of this fact to the
                                                                        company, I recognize and agree that this
                                                                        exclusion of waste will be void as if it
                                                                        never had effect or to the extent
                                                                        directed by EPA and that the company
                                                                        will be liable for any actions taken in
                                                                        contravention of the company's RCRA and
                                                                        CERCLA obligations premised upon the
                                                                        company's reliance on the void
                                                                        exclusion.''
                                                                       (6) Reopener
                                                                       (A) If, anytime after disposal of the
                                                                        delisted waste OxyChem possesses or is
                                                                        otherwise made aware of any
                                                                        environmental data (including but not
                                                                        limited to leachate data or ground water
                                                                        monitoring data) or any other data
                                                                        relevant to the delisted waste
                                                                        indicating that any constituent
                                                                        identified for the delisting
                                                                        verification testing is at level higher
                                                                        than the delisting level allowed by the
                                                                        Division Director in granting the
                                                                        petition, then the facility must report
                                                                        the data, in writing, to the Division
                                                                        Director within 10 days of first
                                                                        possessing or being made aware of that
                                                                        data.
                                                                       (B) If either the annual testing (and
                                                                        retest, if applicable) of the waste does
                                                                        not meet the delisting requirements in
                                                                        paragraph 1, OxyChem must report the
                                                                        data, in writing, to the Division
                                                                        Director within 10 days of first
                                                                        possessing or being made aware of that
                                                                        data.
                                                                       (C) If OxyChem fails to submit the
                                                                        information described in paragraphs (5),
                                                                        (6)(A) or (6)(B) or if any other
                                                                        information is received from any source,
                                                                        the Division Director will make a
                                                                        preliminary determination as to whether
                                                                        the reported information requires EPA
                                                                        action to protect human health and/or
                                                                        the environment. Further action may
                                                                        include suspending, or revoking the
                                                                        exclusion, or other appropriate response
                                                                        necessary to protect human health and
                                                                        the environment.
                                                                       (D) If the Division Director determines
                                                                        that the reported information requires
                                                                        action by EPA, the Division Director
                                                                        will notify the facility in writing of
                                                                        the actions the Division Director
                                                                        believes are necessary to protect human
                                                                        health and the environment. The notice
                                                                        shall include a statement of the
                                                                        proposed action and a statement
                                                                        providing the facility with an
                                                                        opportunity to present information as to
                                                                        why the proposed EPA action is not
                                                                        necessary. The facility shall have 10
                                                                        days from receipt of the Division
                                                                        Director's notice to present such
                                                                        information.
                                                                       (E) Following the receipt of information
                                                                        from the facility described in paragraph
                                                                        (6)(D) or (if no information is
                                                                        presented under paragraph (6)(D)) the
                                                                        initial receipt of information described
                                                                        in paragraphs (5), (6)(A) or (6)(B), the
                                                                        Division Director will issue a final
                                                                        written determination describing EPA
                                                                        actions that are necessary to protect
                                                                        human health and/or the environment. Any
                                                                        required action described in the
                                                                        Division Director's determination shall
                                                                        become effective immediately, unless the
                                                                        Division Director provides otherwise.
                                                                       (7) Notification Requirements:
                                                                       OxyChem must do the following before
                                                                        transporting the delisted waste. Failure
                                                                        to provide this notification will result
                                                                        in a violation of the delisting petition
                                                                        and a possible revocation of the
                                                                        decision.
                                                                       (A) Provide a one-time written
                                                                        notification to any State Regulatory
                                                                        Agency to which or through which it will
                                                                        transport the delisted waste described
                                                                        above for disposal, 60 days before
                                                                        beginning such activities.

[[Page 51683]]

 
                                                                       (B) Update one-time written notification,
                                                                        if it ships the delisted waste into a
                                                                        different disposal facility.
                                                                       (C) 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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                                  Table 2--Waste Excluded From Specific Sources
----------------------------------------------------------------------------------------------------------------
                Facility                            Address                        Waste description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Oxychem.................................  ...........................  Wastewater Treatment Biosludge (EPA
                                                                        Hazardous Waste Number K019, K020, F025,
                                                                        F001, F003, and F005) generated at a
                                                                        maximum rate of 7,500 cubic yards per
                                                                        calendar year after August 23, 2010.
                                                                       Oxychem must implement the testing
                                                                        program in Table 1. Wastes Excluded from
                                                                        Non-Specific Sources for the petition to
                                                                        be valid.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-20848 Filed 8-20-10; 8:45 am]
BILLING CODE 6560-50-P