[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Rules and Regulations]
[Pages 3869-3873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1756]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6223-5]


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) today is granting a 
petition submitted by American Steel Cord, formerly Kokoku Steel Cord 
Corporation, to exclude (or ``delist'') certain solid wastes from the 
lists of hazardous wastes contained in Title 40 of the Code of Federal 
Regulations, Subpart D of Part 261. EPA has concluded that the 
petitioned waste is not a hazardous waste when disposed of in a 
Subtitle D landfill. This exclusion applies only to the wastewater 
treatment plant (WWTP) sludge generated by American Steel Cord in 
Scottsburg, Indiana. Today's action conditionally excludes the 
petitioned waste from the requirements of the hazardous waste 
regulations under the Resource Conservation and Recovery Act (RCRA) 
when disposed of in a Subtitle D landfill.

EFFECTIVE DATE: January 26, 1999.

ADDRESSES: The regulatory docket for this final rule which contains the 
complete petition and supporting documents is located at U.S. EPA 
Region 5, 77 W. Jackson Blvd., Chicago, IL 60604-3590, and is available 
for viewing from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays. Call Judy Kleiman at (312) 886-1482 for 
appointments. The public may copy material from the regulatory docket 
at cost of $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For technical information concerning 
this notice, contact Judy Kleiman at the address above or at (312) 886-
1842.

SUPPLEMENTARY INFORMATION:

I. Background

A. Authority

    Under Secs. 260.20 and 260.22, facilities may petition EPA to 
remove their wastes from hazardous waste control by excluding them from 
the lists of hazardous wastes contained in Subpart D of Part 261. 
Specifically, Sec. 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of Parts 260 through 
266, 268 and 273; and Sec. 260.22 provides generators the opportunity 
to petition the Administrator to exclude a waste on a ``facility-
specific'' basis from the hazardous waste lists. Petitioners must 
provide sufficient information 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. In addition, where there is 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, the Administrator must determine that such factors do 
not warrant retaining the waste as a hazardous waste.

B. History of this Rulemaking

    American Steel Cord petitioned EPA to exclude its WWTP sludge from 
hazardous waste control. After evaluating the petition, on April 15, 
1998, EPA proposed to exclude American Steel Cord's waste from the 
lists of hazardous wastes in subpart D of part 261 (see 63 FR 18354). 
This rulemaking addresses the public comments received on the proposal 
and finalizes the proposed decision to grant American Steel Cord's 
petition.

II. Disposition of Delisting Petition

American Steel Cord, Route 1 Box 357K, Scottsburg, Indiana 47170

A. Proposed Exclusion

    American Steel Cord petitioned EPA to exclude an annual volume of 
3,000 cubic yards of WWTP filtercake sludge from the list of hazardous 
wastes contained in Sec. 261.31, and subsequently provided additional 
information to complete its petition. The WWTP sludge is listed as EPA 
Hazardous Waste No. F006. The listed constituents of concern for EPA 
Hazardous Waste No. F006 are cadmium, hexavalent chromium, nickel and 
cyanide (complexed) (see Appendix VII of part 261).
    In support of its petition, American Steel Cord submitted detailed 
descriptions and schematic diagrams of its manufacturing and wastewater 
treatment processes, and analytical testing results for representative 
samples of the petitioned waste, including (1) the hazardous 
characteristics of corrosivity, reactivity, and toxicity; (2) total 
constituent analysis and Toxicity Characteristic Leaching Procedure 
(SW-846 Method 1311) analyses for the eight toxicity characteristic 
metals listed in Sec. 261.24, plus copper, nickel, thallium, vanadium, 
and zinc; (3) total constituent and Toxicity Characteristic Leaching 
Procedure (TCLP, SW-846 Method 1311) analyses for 121 volatile and 
semi-volatile organic compounds; (4) analyses for total sulfide, total 
cyanide, and TCLP analysis for cyanide; and (5) analysis for oil and 
grease.
    EPA evaluated the information and analytical data provided by 
American Steel Cord and tentatively determined that American Steel Cord 
had successfully demonstrated that the petitioned waste is not 
hazardous. See the proposed exclusion (63 FR 18354; April 15, 1998) for 
a detailed explanation of EPA's evaluation.

B. Response to Comments

    EPA received public comment on the April 15, 1998 proposal from 
American Steel Cord and from the Environmental Defense Fund.
    Comment: American Steel Cord commented that its waste is measured 
by weight, not by volume, and that the Agency was incorrect in assuming 
a density of one when converting from tons to cubic yards. The density 
of the waste is considerably less than one, so that the petitioned 
waste was more than 950 yd\3\. Furthermore, American Steel Cord 
anticipates that the total annual volume of waste generated could 
increase to 3,000 cubic yards and requested that the exclusion be 
applied to this larger volume.
    Response: The volume specified in today's final rule has been 
increased to 3,000 cubic yards from the 950 cubic yards proposed on 
April 15, 1998. In so doing, the final allowable levels for each 
constituent have been decreased from

[[Page 3870]]

the proposed levels in accordance with the CML model.
    Comment: Commenter stated that the waste was only evaluated for 
risk under the scenario of mismanagement in a landfill, but the 
proposed delisting does not contain language limiting management of the 
delisted waste to disposal in a Subtitle D landfill.
    Response: The Agency has recently adopted the policy that new 
delistings apply only to wastes managed in the type of unit modeled in 
the delisting risk assessment. In accordance with this policy, 
enforceable language has been incorporated into the final rule stating 
that this exclusion applies only if the waste is disposed in a Subtitle 
D landfill permitted by the State.
    Comment: Commenter stated that there is no discussion of the 
possibility that the leachability might be underestimated by the TCLP 
or that this procedure may be affected by the iron content or other 
attributes of the waste such as pH.
    Response: Although no laboratory test can exactly replicate 
environmental conditions for all landfills, the Agency has developed 
the TCLP to be used as a reasonable means of predicting leachability in 
a solid waste landfill. For wastes with close to neutral pH, such as 
the filtercake from American Steel Cord which has a pH between 8.5 and 
8.9, the Agency believes that the TCLP is a reliable test in the 
absence of extreme environmental conditions. While some forms of iron 
may affect the leachability of lead bearing wastes, lead is not used in 
American Steel Cord's process and there is no significant amount of 
lead in the waste. Furthermore, there is no reason to believe that 
excess iron was introduced at any time into the process or the 
wastestream for the purpose of reducing the leachability of lead.
    Comment: Commenter stated that the Agency should consider sampling 
and other requirements that will ensure that these factors will not 
change in the future.
    Response: The exclusion requires periodic testing to verify that 
the waste will remain in compliance with the conditions of the 
exclusion. The final rule also includes language requiring American 
Steel Cord to notify the Agency of any change in process.
    Comment: Commenter stated that the Agency should consider risks 
posed by total concentrations via the air pathway. No support has been 
offered for the conclusion that appreciable air releases are unlikely.
    Response: Air modeling was done for the pathways of inhalation, 
ingestion of air borne particulates and air deposition on soil followed 
by ingestion by a child. The concentrations of all constituents in 
American Steel Cord's waste were orders of magnitude below the health 
based levels of concern for each of these pathways. A full discussion 
of the air modeling is contained in the docket.
    Comment: Commenter stated that since total concentration is used in 
evaluating risk by the air pathway, EPA should promulgate limits on 
total concentrations, as well as limits on the TCLP concentrations.
    Response: Screening levels for this waste were back calculated and 
were determined to be a thousand to a million times the levels detected 
in American Steel Cord's waste. Thus the waste is not expected to pose 
a threat by the air pathway and the Agency believes that it is not 
meaningful to set limits on totals which would be three to six orders 
of magnitude above the concentrations detected in the waste.
    Comment: Commenter stated that the proposed TCLP limit for xylene 
in this waste exceeds the allowable level for xylene in storage tanks 
in the air characteristics study.
    Response: The scenario upon which the air characteristic study was 
based is not applicable to American Steel Cord's waste. This delisting 
applies to a limited quantity of non-liquid waste which will be 
disposed in a Subtitle D landfill. Furthermore, the highest total 
concentration of xylene in any sample of this waste was 22 ppb which is 
well below air characteristics number of 200 ppm for xylene in waste 
stored in tanks.
    Comment: Commenter stated that the proposed rule only requires the 
facility to meet the applicable delisting levels but does not require 
notification of a change in process which should trigger Agency 
verification activities. The EPA should require notification of changes 
in operating conditions.
    Response: In the event of a process change, the facility is 
required to meet the established delisting limits and must perform 
testing to verify that the levels established in this rule are being 
met. The facility must also verify that no additional constituents have 
been introduced. Data obtained from verification testing must be 
submitted to EPA.
    Comment: Commenter stated that the EPA should add provisions to the 
final rule stating that the delisting is only valid when the waste is 
disposed of in a Subtitle D landfill permitted by the State, since the 
Agency has not evaluated all potential mismanagement scenarios.
    Response: Specific language has been added to paragraph 1 of the 
final rule which requires that the waste must be disposed of in a 
Subtitle D landfill.
    Comment: Commenter stated that the EPA should add provisions to the 
final rule stating that if the facility plans to dispose of the waste 
in a landfill on site, it must notify the Agency at least 60 days prior 
to first utilizing an onsite landfill.
    Response: The Agency is requiring that the waste be disposed of 
properly in a Subtitle D landfill regulated by the State. To dispose of 
the waste on site, American Steel Cord would have to construct a 
Subtitle D landfill on its property and obtain all necessary permits 
from the State of Indiana. The US EPA does not regulate which Subtitle 
D landfill the waste may be sent to, nor does the Agency routinely 
require notification of wastes disposed in units regulated by the 
State.
    Comment: Commenter stated that EPA should add provisions to the 
final rule stating that American Steel Cord must report to EPA receipt 
of any environmental data that departs from the data that were modeled 
or predicted in the initial delisting evaluation.
    Response: Language has been included in paragraph 4 of the final 
rule which requires the facility to report in writing any data which 
might indicate that the levels in paragraph 1 of this rule have been 
exceeded or that the initial delisting decision was inappropriate or 
wrong.
    Comment: Commenter stated that the proposed delisting has failed to 
include procedures for suspension or termination of the exclusion in 
the event of mismanagement of delisted waste.
    Response: The Agency has recently adopted a policy of incorporating 
language into all new exclusions which will allow the Agency to reopen, 
revoke, or otherwise suspend the delisting in a timely manner in the 
event of mismanagement. This language will establish a mechanism to 
review and act expeditiously on the delisting when additional data 
become available indicating the initial delisting decision was 
inappropriate or wrong.

C. Changes to Proposed Verification Testing Conditions

    In the proposed rulemaking, EPA included delisting levels for 23 
constituents which would be protective of human health and the 
environment and which could not be exceeded in a TCLP extract of the 
petitioned waste. These levels have been lowered in today's rule to 
allow for an increased volume. In addition, the proposed levels of 200 
mg/l for barium, 10 mg/l for chromium, 5 mg/l for selenium and 20 mg/l 
for silver have been lowered to the levels set in the hazardous waste

[[Page 3871]]

toxicity characteristic in Sec. 261.24 to ensure that the petitioned 
waste, even though protective of human health and the environment, 
remains below the TC levels.
    Levels in the proposed rule were based on ``Docket Report on 
Health-Based Levels and Solubilities Used in the Evaluation of 
Delisting Petitions,'' December 1994. This document was revised in May, 
1996, and the health based level for benzo butyl phthlate was changed 
from .01 mg/l to 7.0 mg/l, the health based level for 1,4-
dichlorobenzene was changed from .075 mg/l to .004 mg/l, and the health 
based level for cis 1,2-dichloroethene was changed from .07 mg/l to .4 
mg/l. The delisting levels in today's final rule are based on the more 
recent health based numbers.
    The proposed rule incorrectly allowed for a level of 10 mg/l 
chloroform. Under the proposed rule, the correct level should have been 
1 mg/l. Under today's rule, the increased volume lowers the level for 
chloroform to .68 mg/l.
    Paragraph 1 in Table 1 of Appendix IX to Part 261 now reads 1. 
Verification Testing: American Steel Cord must implement an annual 
testing program to demonstrate, based on the analysis of a minimum of 
four representative samples, that the constituent concentrations 
measured in the TCLP extract of the waste are within specific levels. 
The constituent concentrations must not exceed the following levels 
(mg/l) which are back-calculated from the delisting health-based levels 
and a DAF of 68. Arsenic--3.4 Barium--100; Cadmium--.34; Chromium--5; 
Copper--88.4; Lead--1.02; Mercury--.136; Nickel--6.8; Selenium--1; 
Silver--5; Zinc--680; Cyanide--13.6; Acetone--272; Benzo butyl 
phthlate--476; Chloroform--.68; 1,4-Dichlorobenzene--.272; cis 1,2-
Dichloroethene--27.2; Methylene chloride--.34; Naphthalene--68; 
Styrene--6.8; Tetrachloroethene--.34; Toluene--68; and Xylene--680. 
American Steel Cord must measure and record the pH of the waste using 
SW 846 method 9045 and must record all pH measurements performed in 
accordance with the TCLP.

D. Final Agency Decision

    For the reasons stated in both the proposal and this notice, EPA 
has concluded that American Steel Cord's petitioned waste may be 
excluded from hazardous waste control. EPA, therefore, is granting a 
final exclusion for the WWTP sludge generated by American Steel Cord at 
its facility in Scottsburg, Indiana. This exclusion applies to the 
waste described in the petition only if the requirements described in 
Table 1 of part 261 Appendix IX are satisfied.
    Although management of the waste covered by this exclusion is 
removed from Subtitle C jurisdiction, this exclusion applies only where 
this waste is disposed of in a Subtitle D landfill which is permitted, 
licensed, or registered by a state to manage municipal and/or 
industrial solid waste.

III. Limited Effect of Federal Exclusion

    The final exclusion being granted today is issued under the Federal 
(RCRA) delisting program. States, however, are allowed to impose (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 State. 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 the State 
regulatory authority to determine the current status of their waste 
under State law.
    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 any 
State with delisting authorization, American Steel Cord must obtain 
delisting authorization from that State before the waste may be managed 
as nonhazardous in the State.

IV. Effective Date

    This rule is effective Janaury 26, 1999. 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. These reasons also provide a basis 
for making this rule effective immediately, upon publication, under the 
Administrative Procedure Act, 5 U.S.C. 553(d).

V. Regulatory Impact

    Under Executive Order 12866, EPA must conduct an ``assessment of 
the potential costs and benefits'' for all ``significant'' regulatory 
actions. The effect of this rule is to reduce the overall costs and 
economic impact of EPA's hazardous waste management regulations. This 
reduction is achieved by excluding waste generated at a specific 
facility from EPA's lists of hazardous wastes, thereby enabling this 
facility to treat its waste as non-hazardous. Therefore, this rule does 
not represent a significant regulatory action under the Executive 
Order, and no assessment of costs and benefits is necessary. The Office 
of Management and Budget (OMB) has also exempted this rule from the 
requirement for OMB review under section (6) of Executive Order 12866.

VI. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612, 
whenever an agency is required to publish a general notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the impact of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
No regulatory flexibility analysis is required, however, if the 
Administrator or delegated representative certifies that the rule will 
not have any impact on any small entities.
    This rule will not have an adverse economic impact on any small 
entities since its effect would be to reduce the overall costs of EPA's 
hazardous waste regulations. Accordingly, I hereby certify that this 
regulation will not have a significant economic impact on a substantial 
number of small entities. This regulation, therefore, does not require 
a regulatory flexibility analysis.

VII. Paperwork Reduction Act

    Information collection and record-keeping requirements associated 
with this final rule have been approved by OMB under the provisions of 
the Paperwork Reduction Act of 1980 (Pub. L. 96-511, 44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2050-0053.

VIII. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(UMRA), Pub. L. 104-4, which was signed into law on March 22, 1995, EPA 
generally must prepare a written statement for rules with Federal 
mandates that may result in estimated costs to State, local, and tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more in any one year. When such a statement is required for EPA 
rules, under section 205 of the UMRA, EPA must identify and consider 
alternatives, including the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. EPA 
must select that alternative, unless

[[Page 3872]]

the Administrator explains in the final rule why it was not selected or 
it is inconsistent with law. Before EPA establishes regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must develop under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, giving 
them meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising them on compliance with the 
regulatory requirements. The UMRA generally defines a Federal mandate 
for regulatory purposes as one that imposes an enforceable duty upon 
State, local or tribal governments or the private sector. EPA finds 
that today's proposed delisting decision is deregulatory in nature and 
does not impose any enforceable duty upon State, local or tribal 
governments or the private sector. In addition, today's delisting 
decision does not establish any regulatory requirements for small 
governments and so does not require a small government agency plan 
under UMRA section 203.

IX. Submission to Congress and General Accounting Office

    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 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.

X. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    Protection of Children from Environmental Health Risks and Safety 
Risks' (62 FR 19885, April 23, 1997) applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency. This final rule is not subject 
to E.O. 13045 because this is not an economically significant 
regulatory action as defined by E.O. 12866 and the environmental health 
or safety risks addressed by this action do not have a disproportionate 
effect on children.

XI. Executive Order 12875

    Under E.O. 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, E.O. 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 E.O. 12875 do not apply to this rule.

XII. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 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 21, 1998.
Margaret McCue,
Acting Director, Waste, Pesticides and Toxics Division.
    For the reasons set out in the preamble, 40 CFR Part 261 is amended 
as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

    2. Table 1 of Appendix IX of Part 261 is amended to add the 
following waste stream 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
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[[Page 3873]]

 
*                  *                *                    *                  *                  *
                                                        *
American Steel Cord..................  Scottsburg, IN.........  Wastewater treatment plant (WWTP) sludge from
                                                                 electroplating operations (EPA Hazardous Waste
                                                                 No. F006) generated at a maximum annual rate of
                                                                 3,000 cubic yards per year, after January 26,
                                                                 1999, and disposed of in a Subtitle D landfill.
                                                                1. Verification Testing: American Steel Cord
                                                                 must implement an annual testing program to
                                                                 demonstrate, based on the analysis of a minimum
                                                                 of four representative samples, that the
                                                                 constituent concentrations measured in the TCLP
                                                                 extract of the waste are within specific
                                                                 levels. The constituent concentrations must not
                                                                 exceed the following levels (mg/l) which are
                                                                 back-calculated from the delisting health-based
                                                                 levels and a DAF of 68. Arsenic--3.4; Barium--
                                                                 100; Cadmium--.34; Chromium--5; Copper--88.4.;
                                                                 Lead--1.02; Mercury--.136; Nickel--6.8.;
                                                                 Selenium--1; Silver--5; Zinc--680; Cyanide--
                                                                 13.6; Acetone--272; Benzo butyl phthlate--476;
                                                                 Chloroform--.68; 1,4-Dichlorobenzene--.272; cis-
                                                                 1,2-Dichloroethene--27.2; Methylene chloride--
                                                                 .34; Naphthalene--68; Styrene--6.8;
                                                                 Tetrachloroethene--.34; Toluene--68; and
                                                                 Xylene--680. American Steel Cord must measure
                                                                 and record the pH of the waste using SW 846
                                                                 method 9045 and must record all pH measurements
                                                                 performed in accordance with the TCLP.
                                                                2. Changes in Operating Conditions: If American
                                                                 Steel Cord significantly changes the
                                                                 manufacturing or treatment process or the
                                                                 chemicals used in the manufacturing or
                                                                 treatment process, American Steel Cord may
                                                                 handle the WWTP filter press sludge generated
                                                                 from the new process under this exclusion only
                                                                 after the facility has demonstrated that the
                                                                 waste meets the levels set forth in paragraph 1
                                                                 and that no new hazardous constituents listed
                                                                 in Appendix VIII of Part 261 have been
                                                                 introduced.
                                                                3. Data Submittals: The data obtained through
                                                                 annual verification testing or compliance with
                                                                 paragraph 2 must be submitted to U.S. EPA
                                                                 Region 5, 77 W. Jackson Blvd., Chicago, IL
                                                                 60604-3590, within 60 days of sampling. Records
                                                                 of operating conditions and analytical data
                                                                 must be compiled, summarized, and maintained on
                                                                 site for a minimum of five years and must be
                                                                 made available for inspection. All data must be
                                                                 accompanied by a signed copy of the
                                                                 certification statement in 260.22(I)(12).
                                                                4. (a) If, anytime after disposal of the
                                                                 delisted waste, American Steel Cord possesses
                                                                 or is otherwise made aware of any environmental
                                                                 data (including but not limited to leachate
                                                                 data or groundwater monitoring data) or any
                                                                 other data relevant to the delisted waste
                                                                 indicating that any constituent identified in
                                                                 Condition (1) is at a level in the leachate
                                                                 higher than the delisting level established in
                                                                 Condition (1), or is at a level in the ground
                                                                 water or soil higher than the health based
                                                                 level, then American Steel Cord must report
                                                                 such data, in writing, to the Regional
                                                                 Administrator within 10 days of first
                                                                 possessing or being made aware of that data.
                                                                (b) Based on the information described in
                                                                 paragraph (a) and any other information
                                                                 received from any source, the Regional
                                                                 Administrator will make a preliminary
                                                                 determination as to whether the reported
                                                                 information requires Agency 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
                                                                 Agency action, the Regional Administrator will
                                                                 notify the facility in writing of the actions
                                                                 the Regional Administrator 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 Agency action is not necessary or
                                                                 to suggest an alternative action. The facility
                                                                 shall have 10 days from the date of the
                                                                 Regional Administrator's notice to present such
                                                                 information.
                                                                (d) Following the receipt of information from
                                                                 the facility described in paragraph (c) or (if
                                                                 no information is presented under paragraph (c)
                                                                 the initial receipt of information described in
                                                                 paragraph (a), the Regional Administrator will
                                                                 issue a final written determination describing
                                                                 the Agency 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.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-1756 Filed 1-25-99; 8:45 am]
BILLING CODE 6560-50-P