[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4590-4596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2198]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6219-2]


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) is granting a 
petition submitted by Occidental Chemical Inc. (Occidental), to exclude 
from hazardous waste control (or delist) certain solid wastes. The 
wastes being delisted consist of Rockbox Residue, and Limestone Sludge. 
This action responds to Occidental Chemical's petition to delist these 
treated wastes on a ``generator specific'' basis from the lists of 
hazardous waste. After careful analysis, the EPA has concluded that the 
petitioned wastes are not hazardous wastes when disposed of in Subtitle 
D landfills/surface impoundments. This exclusion applies to Rockbox 
Residue and Limestone Sludge generated at Occidental Chemical's 
Ingleside, Texas facility. Accordingly, this final rule excludes the 
petitioned wastes from the requirements of hazardous waste regulations 
under the Resource Conservation and Recovery Act (RCRA) when disposed 
of in Subtitle D landfills/surface impoundments but imposes testing 
conditions to ensure that the future-generated wastes remain qualified 
for delisting.

EFFECTIVE DATE: January 29, 1999.

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 9:00 a.m. to 4:00 
p.m., Monday through Friday, excluding Federal holidays. Call (214) 
665-6444 for appointments. The reference number for this docket is 
``TXDEL-OCCIDENTAL.'' 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: For general information, contact Bill 
Gallagher, at (214) 665-6775. For technical information concerning this 
notice, contact Jon Rinehart, Environmental Protection Agency, 1445 
Ross Avenue, Dallas, Texas, (214) 665-6789.

SUPPLEMENTARY INFORMATION:

I. Background

A. Authority

    Under 40 CFR 260.20 and 260.22, facilities may petition the EPA to 
remove their wastes from hazardous waste control by excluding them from 
the lists of hazardous wastes contained in Secs. 261.31 and 261.32. 
Specifically, Sec. 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of parts 260 through 
265 and 268 of Title 40 of the Code of Federal Regulations; and 
Sec. 260.22 provides generators the opportunity to petition the 
Administrator to exclude a waste on a ``generator-specific'' basis from 
the hazardous waste lists. Petitioners must provide sufficient 
information to EPA to allow the 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, the Administrator must 
determine, where he/she has a reasonable basis to believe that factors 
(including additional

[[Page 4591]]

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.

B. History of This Rulemaking

    Occidental Chemical-Ingleside petitioned the EPA to exclude from 
hazardous waste control its Limestone Sludge, Rockbox Residue, and 
Caustic Neutralized Wastewater waste generated at the wastewater 
treatment facility. The Rockbox Residue and Limestone Sludge are 
currently disposed in an off-site hazardous waste landfill. The Caustic 
Neutralized Wastewater is discharged through its National Pollution 
Discharge Elimination System (NPDES) permit. After evaluating the 
petition, EPA proposed, on May 11, 1998, to exclude all three of 
Occidental Chemical's wastes from the lists of hazardous wastes under 
Secs. 261.31 and 261.32. See 63 FR 25797. This rulemaking addresses 
public comments received on the proposal and finalizes the proposed 
decision to grant Occidental Chemical's petition.

II. Disposition of Petition

Occidental Chemical Incorporated--Ingleside, Texas 78362-0710

A. Proposed Exclusion

    Occidental Chemical petitioned EPA to exclude, from the lists of 
hazardous wastes contained in 40 CFR 261.31 and 261.32, an annual 
volume of Rockbox Residue, Limestone Sludge, and Caustic Neutralized 
Wastewater generated from the wastewater treatment plant. Specifically, 
in its petition, Occidental requested that EPA grant a standard 
exclusion for 128 cubic yards of Rockbox Residue, 1,114 cubic yards of 
Limestone Sludge, and 148,284 cubic yards of Caustic Neutralized 
Wastewater generated per calender year. The Rockbox Residue, Limestone 
Sludge, and Caustic Neutralized Wastewater are listed for six EPA 
Hazardous Waste Numbers due to the ``derived-from'' and mixture rules. 
The wastes are listed as K019, K020, F001, F003, F005 and F025. The 
listed constituents of concern for these EPA Hazardous Waste Numbers 
are shown in Table 1. See 40 CFR part 261, Appendix VII.

   Table 1.--Hazardous Waste Codes Associated With Wastewater Streams
------------------------------------------------------------------------
            Waste code                Basis for characteristics/listing
------------------------------------------------------------------------
K019/K020.........................  Ethylene dichloride, 1,1,1-
                                     trichloroethane, 1,1,2-
                                     trichloroethane, 1,1,1,2-
                                     tetrachloroethane, 1,1,2,2-
                                     tetrachloroethane,
                                     trichloroethylene,
                                     tetrachloroethylene, carbon
                                     tetrachloride, chloroform, vinyl
                                     chloride, vinylidene chloride.
F001..............................  Tetrachloroethylene,
                                     trichloroethylene, methylene
                                     chloride, 1,1,1-trichloroethane,
                                     carbon tetrachloride, chlorinated
                                     fluorocarbons.
F003..............................  N.A. Waste is hazardous because it
                                     fails the test for the
                                     characteristic of ignitability,
                                     corrosivity, or reactivity.
F005..............................  Toluene, methyl ethyl ketone, carbon
                                     disulfide, isobutanol, pyridine,
                                     benzene, 2-ethoxyethanol, 2-
                                     nitropropane.
F025..............................  Chloromethane, dichloromethane,
                                     trichloromethane, carbon
                                     tetrachloride, chloroethylene, 1,1-
                                     dichloroethane, 1,2-dichloroethane,
                                     trans-1,2-dichloroethylene, 1,1-
                                     dichlorothylene, 1,1,1-
                                     trichloroethane, 1,1,2-
                                     trichloroethane, trichlorothylene,
                                     1,1,1,2-tetrachloroethane, 1,1,2,2-
                                     tetrachloroethane,
                                     tetrachloroethylene,
                                     pentachloroethane,
                                     hexachloroethane, 3-chloropropene,
                                     dichloropropane, dichloropropene, 2-
                                     chloro-1,3-butadiene, hexachloro-
                                     1,3-butadiene,
                                     hexachlorocyclopentadiene, benzene,
                                     chlorobenzene, dichlorobenzene,
                                     1,2,4-trichlorobenzene,
                                     tetrachlorobenzene,
                                     pentachlorobenzene,
                                     hexachlorobenzene, toluene,
                                     naphthalene.
------------------------------------------------------------------------

    Occidental Chemical petitioned to exclude the Rockbox Residue, 
Limestone Sludge, and Caustic Neutralized Wastewater treatment residues 
because it does not believe that the petitioned wastes meet the 
criteria for which they were listed.
    Occidental also believes that the wastes do not contain any other 
constituents that would render them hazardous. Review of this petition 
included consideration of the original listing criteria, as well as the 
additional listing criteria and 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).
    In support of its petition, which included the sampling and 
analysis plan, Occidental submitted: (1) Descriptions of its waste 
water treatment processes and the incineration activities associated 
with petitioned waste; (2) results of the total constituent list for 40 
CFR part 264, Appendix IX volatiles, semivolatiles, and metals except 
for pesticides, herbicides, and PCBs; (3) results of the constituent 
list for Appendix IX on Toxicity Characteristic Leaching Procedure 
(TCLP) extract for volatiles, semivolatiles, and metals; (4) results 
for reactive sulfide; (5) results for reactive cyanide; (6) results for 
pH; (7) results of the total basis for dioxin and furan; and (8) 
results of the dioxin and furan TCLP extract.

B. Summary of Comments and Responses

    The EPA received public comment on May 11, 1998, on the delisting 
proposal from two interested parties, the Environmental Defense Fund 
(EDF) and the petitioner, Occidental Chemical.
Comment
    Efficacy of the TCLP. In a recent delisting decision, EPA concluded 
that the TCLP may not accurately predict leachability in a highly 
alkaline waste. Based on that decision, the EDF commented on the 
efficacy of the TCLP and suggested that the pH be tested on the 
Limestone Sludge and Rockbox Residue as the pH of the Limestone Sludge 
is 9.55. It was suggested that the TCLP values may vary with changing 
pH values.
Response
    Caustic Neutralized Wastewater is not being delisted. The EPA does 
not expect the pH of the Limestone Sludge or Rockbox Residue to vary 
greatly, based upon historical data submitted by the company. The 
Limestone Sludge was tested for pH on six different occasions. The 
values were as follows: (1) 8.81, (2) 7.97, (3) 8.03, (4) 7.95, (5) 
8.19, (6) 9.55, which are in standard units. In a recent delisting 
action, to which the commenter referred, EPA determined, based upon 
unusually high pH values which sometimes exceeded 13, that the accuracy 
of the TCLP results was skewed. See 62 FR 41009 (July 31, 1997). There 
has been no indication that pH levels of the Limestone Sludge or 
Rockbox Residue even approach this

[[Page 4592]]

magnitude. Additionally, waste that was the subject of the earlier 
action was disposed of in a monofill, a fact which is at odds with the 
premise of the TCLP. The TCLP was designed to predict codisposal in a 
municipal landfill not a monofill. Occidental will dispose of its waste 
in a Subtitle D landfill where codisposal will occur. At this time EPA 
has no reason to believe the TCLP is not an efficacious test as applied 
to these wastes.
    The EPA will revise the requirements for the verification testing 
to include pH testing for the wastes Rockbox Residue and Limestone 
Sludge. Verification sampling will determine if the waste will continue 
to be delisted.
    Air Pathway Risk Analysis. A comment was received concerning the 
air pathway risk analysis performed by EPA. First, it was suggested 
that EPA did not evaluate the risk from storing the waste in tanks 
prior to disposal in a landfill. Second, a comment was made that the 
distance of 1,000 feet from the source to a potential receptor used in 
analysis of an air pathway was too a great distance. Third, a comment 
was made concerning the active life of the landfill used in the model. 
The model used 18.6 years when the commenter suggested that 40 years 
should instead be used. Fourth, it was suggested that EPA failed to 
consider the disposal of other Occidental wastes in the landfill, 
therefore, a cumulative affect should have been modeled.
Response
    The wastes were modeled using a landfill life of 40 years as 
opposed to 18.6 years and a distance of 150 feet to the nearest 
receptor as opposed to 1,000 feet. There was no change in the delisting 
values; therefore, the delisting will be approved based on this 
evaluation. This analysis will be included in the RCRA public docket 
for today's decision additionally, EPA similarly adjusted these factors 
to determine the effect on the modeling for air emissions. The results 
were not significantly impacted. The commenter noted that other studies 
have been used with the different landfill life lengths. In listing 
determinations like the Petroleum Refining Listing Determination, a 
landfill life of 30 years was used in lieu of 20 years. For listing 
determinations, waste disposal of materials may already be managed in a 
nonhazardous landfill. In contrast, a petitioned waste is hazardous 
until it has been delisted, thus, the waste should be managed in a 
hazardous waste landfill until the petition is finalized. According to 
the 1986 Landfill Survey Act, the planned landfill units average 
approximately 21.3 years of life. The active units in the recalculation 
average less than 20 years. Currently, until further studies have been 
completed, EPA will continue to use a basis of 20 years after the 
active landfill life. The model that is utilized by EPA only considers 
the waste that is being delisted and no other Occidental waste that is 
co-disposed at a landfill.
Comment
    Comment was also made concerning storage of these wastes in tanks. 
The position was taken that they should be considered in an air pathway 
risk analysis.
Response
    These tanks are covered so it is not appropriate to consider an air 
pathway risk for this petition.
Comment
    Due to the presence of dioxin in the Occidental waste, the 
commenter felt that a more comprehensive risk evaluation should be done 
before the delisting petition could be approved.
Response
    The concentration of the dioxin in this waste is very low, 
therefore EPA felt the evaluation that was done was adequate.
    Use of the EPACMTP Model. Occidental felt that the EPACMTP model, 
which was used in the initial screening to determine if the petitioned 
waste was a candidate for a delisting petition, should be utilized in 
the proposed Federal Register. This model was used as a tool to 
preliminarily determine whether the wastes could meet the criteria for 
delisting.
Response
    The EPACML model was utilized because it is the model used in all 
previously approved delisting petitions. In order for the EPACMTP to 
actually be used in approval of a delisting petition, the model itself 
would have to have been proposed for formal adoption and opportunity 
for public comment on its adoption would have been necessary. The EPA 
felt instead that if the waste streams could pass the delisting levels 
using the EPACML model, then that model would continue to be used in 
the petitions. Until the Agency has completed its adoption of the 
EPCMTP model for delisting, the EPACML model will continue to be used.
    Typographical Errors and Corrections. There were mathematical 
errors found in the petition and in the consistent use of nondetectable 
constituents in the delisting evaluation.
Response
    The mathematical errors will be corrected in the final Federal 
Register. The nondetectable total constituents will be included.
    Addition of Brine Sludge. The facility proposes to add brine sludge 
upstream of the rockbox to help neutralize the acid stream prior to 
entering the rockbox tank. This material is currently being disposed in 
a Class 1 nonhazardous landfill. The facility feels that this is a 
method of recycle/reuse.
Response
    No analysis of brine sludge after it is mixed with Rockbox Residue 
has been provided to EPA, therefore, is unable to adequately assess 
effect on the delisted waste streams. The brine sludge may not be added 
to the delisted waste streams until a petition containing the required 
delisting criteria is submitted and approved allowing EPA to evaluate 
its merit.

Increase in Waste Volume

Comment
    The facility would like to increase the waste volume for the 
Rockbox Residue from 128 cubic yards to 1,000 cubic yards per year. The 
plant apparently has gathered information that additional waste will be 
generated and therefore requests that the increased annual volume be 
allowed.
Response
    A change in the volume of Rockbox Residue waste will not change the 
Dilution Attenuation Factor (DAF), therefore the delisting levels will 
remain the same. The EPA approves the request to increase the volume of 
Rockbox Residue from 128 cubic yards to 1,000 cubic yards and revising 
the exclusion.

Removal of Caustic Neutralized Wastewater

Comment
    The facility has reconsidered its request for delisting the Caustic 
Neutralized Wastewater and has decided to remove the request for 
delisting this waste.
Response
    The facility was planning on managing this waste in the same manner 
regardless of whether the delisting petition was approved or denied. 
Therefore, delisting of this waste stream will not be made final.

Conclusions

    For reasons stated in both the proposal and this document, EPA 
believes that Occidental Chemical's

[[Page 4593]]

Limestone Sludge, and Rockbox Residue should be excluded from hazardous 
waste control. The EPA therefore is granting a final exclusion to 
Occidental Chemical, located in Ingleside, Texas, for its Limestone 
Sludge and Rockbox Residue. This exclusion applies to the waste 
described in the petition only if the requirements described in Table 1 
of part 261 and the conditions contained herein are satisfied. The 
maximum annual volume of Limestone Sludge is 1,114 cubic yards and the 
Rockbox Residue is 1,000 cubic yards.
    Although management of the waste covered by this petition is 
relieved from Subtitle C jurisdiction, the generator of the waste in an 
on-site facility, must either treat, store, or dispose of the waste or 
ensure that the waste is delivered to an off-site storage, treatment, 
or disposal facility which is permitted, licensed or registered by a 
state to manage municipal 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 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 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 wastes 
under the State law.
    Furthermore, some States (e.g., Louisiana, Georgia, Illinois) 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 or managed in any State with delisting 
authorization, Occidental must obtain delisting authorization from that 
State before the waste can be managed as non-hazardous in the State.

IV. Effective Date

    This rule is effective January 29, 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, rather than increases, 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, 
pursuant to 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. This proposal to grant an exclusion is not significant, since 
its effect, if promulgated, would be to reduce the overall costs and 
economic impact of EPA's hazardous waste management regulations. This 
reduction would be achieved by excluding waste generated at a specific 
facility from EPA's lists of hazardous wastes, thereby enabling a 
facility to treat its waste as non-hazardous. There is no additional 
impact due to today's rule. Therefore, this proposal would not be a 
significant regulation, and no cost/benefit assessment is required. 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. 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 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.

VII. Executive Order 13045

    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 E.O. 
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 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.

VIII. 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, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other 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. This action does not involve or impose any requirements 
that affect Indian Tribes. Accordingly, the requirements of section 
3(b) of E.O. 13084 do not apply to this rule.

IX. 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

[[Page 4594]]

available for public comment a regulatory flexibility analysis which 
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, if promulgated, will not have any adverse economic 
impact on any small entities since its effect would be to reduce the 
overall costs of EPA's hazardous waste regulations and would be limited 
to one facility. Accordingly, I hereby certify that this proposed 
regulation, if promulgated, will not have a significant economic impact 
on a substantial number of small entities. This regulation, therefore, 
does not require a regulatory flexibility analysis.

X. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedures Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined in section 804 (2) of the 
APA as amended.

XI. Paperwork Reduction Act

    Information collection and recordkeeping requirements associated 
with this proposed rule have been approved by the 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.

XII. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(UMRA), P.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. The 
EPA must select that alternative, unless 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 delisting decision is deregulatory in nature and 
does not impose any enforceable duty on any State, local, or tribal 
governments or the private sector. In addition, the proposed 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.

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 29, 1998.
William N. Rhea,
Acting Director, Multimedia Planning and Permitting.

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

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

    2. In 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--Wastes Excluded Under Secs. 260.20 and 260.22

           Table 1.--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
       Facility                 Address             Waste description
------------------------------------------------------------------------
 
*                  *                  *                    *
                    *                  *                  *
Occidental Chemical...  Ingleside, Texas......  Limestone Sludge, (at a
                                                 maximum generation
                                                 1,114 cubic yards per
                                                 calender year) Rockbox
                                                 Residue, (at a maximum
                                                 generation of 1,000
                                                 cubic yards per
                                                 calender year)
                                                 generated by Occidental
                                                 Chemical using the
                                                 wastewater treatment
                                                 process to treat the
                                                 Rockbox Residue and the
                                                 Limestone Sludge (EPA
                                                 Hazardous Waste No.
                                                 F025, F001, F003, and
                                                 F005) generated at
                                                 Occidental Chemical.
                                                Occidental Chemical must
                                                 implement a testing
                                                 program that meets the
                                                 following conditions
                                                 for the exclusion to be
                                                 valid:
                                                (1) Delisting Levels:
                                                 All concentrations for
                                                 the following
                                                 constituents must not
                                                 exceed the following
                                                 levels (ppm). The
                                                 Rockbox Residue and the
                                                 Limestone Sludge, must
                                                 be measured in the
                                                 waste leachate by the
                                                 method specified in 40
                                                 CFR Part 261.24.
                                                (A) Rockbox Residue
                                                (i) Inorganic
                                                 Constituents: Barium-
                                                 100; Chromium-5; Copper-
                                                 130; Lead-1.5; Selenium-
                                                 1; Tin-2100; Vanadium-
                                                 30; Zinc-1,000
                                                (ii) Organic
                                                 Constituents: Acetone-
                                                 400;
                                                 Bromodichloromethane-
                                                 0.14; Bromoform-1.0;
                                                 Chlorodibromethane-0.1;
                                                 Chloroform-1.0;
                                                 Dichloromethane-1.0;
                                                 Ethylbenzene-7,000;
                                                 2,3,7,8-TCDD Equivalent-
                                                 0.00000006
                                                (B) Limestone Sludge
                                                (i) Inorganic
                                                 Constituents: Antimony-
                                                 0.6; Arsenic-5; Barium-
                                                 100; Beryllium-0.4;
                                                 Chromium-5; Cobalt-210;
                                                 Copper-130; Lead-1.5;
                                                 Nickel-70; Selenium-5;
                                                 Silver-5; Vanadium-30;
                                                 Zinc-1,000
                                                (ii) Organic
                                                 Constituents Acetone-
                                                 400; Bromoform-1.0;
                                                 Chlorodibromomethane-
                                                 0.1; Dichloromethane-
                                                 1.0; Diethyl phthalate-
                                                 3,000, Ethylbenzene-
                                                 7,000; 1,1,1-
                                                 Trichloroethane-20;
                                                 Toluene-700;
                                                 Trichlorofluoromethane-
                                                 1,000, Xylene-10,000,
                                                 2,3,7,8-TCDD Equivalent-
                                                 0.00000006;

[[Page 4595]]

 
                                                (2) Waste Holding and
                                                 Handling: Occidental
                                                 Chemical must store in
                                                 accordance with its
                                                 RCRA permit, or
                                                 continue to dispose of
                                                 as hazardous waste all
                                                 Rockbox Residue and the
                                                 Limestone Sludge
                                                 generated until the
                                                 verification testing
                                                 described in Condition
                                                 (3)(B), as appropriate,
                                                 is completed and valid
                                                 analyses demonstrate
                                                 that condition (3) is
                                                 satisfied. If the
                                                 levels of constituents
                                                 measured in the samples
                                                 of the Rockbox Residue
                                                 and the Limestone
                                                 Sludge do not exceed
                                                 the levels set forth in
                                                 Condition (1), then the
                                                 waste is nonhazardous
                                                 and may be managed and
                                                 disposed of in
                                                 accordance with all
                                                 applicable solid waste
                                                 regulations. If
                                                 constituent levels in a
                                                 sample exceed any of
                                                 the delisting levels
                                                 waste generated during
                                                 the time period
                                                 corresponding to this
                                                 sample must be managed
                                                 and disposed of in
                                                 accordance with
                                                 Subtitle C of RCRA.
                                                (3) Verification Testing
                                                 Requirements: Sample
                                                 collection and
                                                 analyses, including
                                                 quality control
                                                 procedures, must be
                                                 performed according to
                                                 SW-846 methodologies.
                                                 If EPA judges the
                                                 incineration process to
                                                 be effective under the
                                                 operating conditions
                                                 used during the initial
                                                 verification testing,
                                                 Occidental Chemical may
                                                 replace the testing
                                                 required in Condition
                                                 (3)(A) with the testing
                                                 required in Condition
                                                 (3)(B). Occidental
                                                 Chemical must continue
                                                 to test as specified in
                                                 Condition (3)(A) until
                                                 and unless notified by
                                                 EPA in writing that
                                                 testing in Condition
                                                 (3)(A) may be replaced
                                                 by Condition (3)(B).
                                                (A) Initial Verification
                                                 Testing: (i) During the
                                                 first 40 operating days
                                                 of the Incinerator
                                                 Offgas Treatment System
                                                 after the final
                                                 exclusion is granted,
                                                 Occidental Chemical
                                                 must collect and
                                                 analyze composites of
                                                 the Limestone Sludge.
                                                 Daily composites must
                                                 be representative grab
                                                 samples collected every
                                                 6 hours during each
                                                 unit operating cycle.
                                                 The two wastes must be
                                                 analyzed, prior to
                                                 disposal, for all of
                                                 the constituents listed
                                                 in Paragraph 1. The
                                                 waste must also be
                                                 analyzed for pH.
                                                 Occidental Chemical
                                                 must report the
                                                 operational and
                                                 analytical test data,
                                                 including quality
                                                 control information,
                                                 obtained during this
                                                 initial period no later
                                                 than 90 days after the
                                                 generation of the two
                                                 wastes.
                                                (ii) When the Rockbox
                                                 unit is decommissioned
                                                 for cleanout, after the
                                                 final exclusion is
                                                 granted, Occidental
                                                 Chemical must collect
                                                 and analyze composites
                                                 of the Rockbox Residue.
                                                 Two composites must be
                                                 composed of
                                                 representative grab
                                                 samples collected from
                                                 the Rockbox unit. The
                                                 waste must be analyzed,
                                                 prior to disposal, for
                                                 all of the constituents
                                                 listed in Paragraph 1.
                                                 The waste must be
                                                 analyzed for pH. No
                                                 later than 90 days
                                                 after the Rockbox is
                                                 decommissioned for
                                                 cleanout the first two
                                                 times after this
                                                 exclusion becomes
                                                 final, Occidental
                                                 Chemical must report
                                                 the operational and
                                                 analytical test data,
                                                 including quality
                                                 control information.
                                                (B) Subsequent
                                                 Verification Testing:
                                                 Following written
                                                 notification by EPA,
                                                 Occidental Chemical may
                                                 substitute the testing
                                                 conditions in (3)(B)
                                                 for (3)(A)(i).
                                                 Occidental Chemical
                                                 must continue to
                                                 monitor operating
                                                 conditions, analyze
                                                 samples representative
                                                 of each quarter of
                                                 operation during the
                                                 first year of waste
                                                 generation. The samples
                                                 must represent the
                                                 waste generated over
                                                 one quarter. (This
                                                 provision does not
                                                 apply to the Rockbox
                                                 Residue.)
                                                (C)Termination of
                                                 Organic Testing for the
                                                 Limestone Sludge:
                                                 Occidental Chemical
                                                 must continue testing
                                                 as required under
                                                 Condition (3)(B) for
                                                 organic constituents
                                                 specified under
                                                 Condition (3)(B) for
                                                 organic constituents
                                                 specified in Condition
                                                 (1)(A)(ii) and
                                                 (1)(B)(ii) until the
                                                 analyses submitted
                                                 under Condition (3)(B)
                                                 show a minimum of two
                                                 consecutive quarterly
                                                 samples below the
                                                 delisting levels in
                                                 Condition (1)(A)(ii)
                                                 and (1)(B)(ii),
                                                 Occidental Chemical may
                                                 then request that
                                                 quarterly organic
                                                 testing be terminated.
                                                 After EPA notifies
                                                 Occidental Chemical in
                                                 writing it may
                                                 terminate quarterly
                                                 organic testing.
                                                 Following termination
                                                 of the quarterly
                                                 testing, Occidental
                                                 Chemical must continue
                                                 to test a
                                                 representative
                                                 composite sample for
                                                 all constituents listed
                                                 in Condition (1) on an
                                                 annual basis (no later
                                                 than twelve months
                                                 after exclusion).
                                                (4) Changes in Operating
                                                 Conditions: If
                                                 Occidental Chemical
                                                 significantly changes
                                                 the process which
                                                 generate(s) the
                                                 waste(s) and which may
                                                 or could affect the
                                                 composition or type
                                                 waste(s) generated as
                                                 established under
                                                 Condition (1) (by
                                                 illustration, but not
                                                 limitation, change in
                                                 equipment or operating
                                                 conditions of the
                                                 treatment process),
                                                 Occidental Chemical
                                                 must notify the EPA in
                                                 writing and may no
                                                 longer handle the
                                                 wastes generated from
                                                 the new process or no
                                                 longer discharges as
                                                 nonhazardous until the
                                                 wastes meet the
                                                 delisting levels set
                                                 Condition (1) and it
                                                 has received written
                                                 approval to do so from
                                                 EPA.
                                                (5) Data Submittals: The
                                                 data obtained through
                                                 Condition 3 must be
                                                 submitted to Mr.
                                                 William Gallagher,
                                                 Chief, Region 6
                                                 Delisting Program, U.S.
                                                 EPA, 1445 Ross Avenue,
                                                 Dallas, Texas 75202-
                                                 2733, Mail Code, (6PD-
                                                 O) within the time
                                                 period specified.
                                                 Records of operating
                                                 conditions and
                                                 analytical data from
                                                 Condition (1) must be
                                                 compiled, summarized,
                                                 and maintained on site
                                                 for a minimum of five
                                                 years. These records
                                                 and data must be
                                                 furnished upon request
                                                 by EPA, or the State of
                                                 Texas, and made
                                                 available for
                                                 inspection. Failure to
                                                 submit the required
                                                 data within the
                                                 specified time period
                                                 or maintain the
                                                 required records on
                                                 site for the specified
                                                 time will be considered
                                                 by EPA, at its
                                                 discretion, sufficient
                                                 basis to revoke the
                                                 exclusion to the extent
                                                 directed by EPA. All
                                                 data must be
                                                 accompanied by 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. Sec.  1001 and
                                                 42 U.S.C. Sec.  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.
                                                In the event that 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.

[[Page 4596]]

 
                                                (6) Reopener: (a) If
                                                 Occidental Chemical
                                                 discovers that a
                                                 condition at the
                                                 facility or an
                                                 assumption related to
                                                 the disposal of the
                                                 excluded waste that was
                                                 modeled or predicted in
                                                 the petition does not
                                                 occur as modeled or
                                                 predicted, then
                                                 Occidental Chemical
                                                 must report any
                                                 information relevant to
                                                 that condition, in
                                                 writing, to the
                                                 Director of the
                                                 Multimedia Planning and
                                                 Permitting Division or
                                                 his delegate within 10
                                                 days of discovering
                                                 that condition. (b)
                                                 Upon receiving
                                                 information described
                                                 in paragraph (a) from
                                                 any source, the
                                                 Director or his
                                                 delegate will determine
                                                 whether the reported
                                                 condition requires
                                                 further action. Further
                                                 action may include
                                                 revoking the exclusion,
                                                 modifying the
                                                 exclusion, or other
                                                 appropriate response
                                                 necessary to protect
                                                 human health and the
                                                 environment.
                                                (7) Notification
                                                 Requirements:
                                                 Occidental Chemical
                                                 must provide a one-time
                                                 written notification to
                                                 any State Regulatory
                                                 Agency to which or
                                                 through which the
                                                 delisted waste
                                                 described above will be
                                                 transported for
                                                 disposal at least 60
                                                 days prior to the
                                                 commencement of such
                                                 activities. Failure to
                                                 provide such a
                                                 notification will
                                                 result in a violation
                                                 of the delisting
                                                 petition and a possible
                                                 revocation of the
                                                 decision.
------------------------------------------------------------------------


        Table 2.--Wastes Excluded From Excluded Specific Sources
------------------------------------------------------------------------
       Facility                 Address             Waste description
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Occidental Chemical...  Ingleside, Texas......  Limestone Sludge, (at a
                                                 maximum generation of
                                                 1,114 cubic yards per
                                                 calendar year) Rockbox
                                                 Residue, (at a maximum
                                                 generation of 1,000
                                                 cubic yards per
                                                 calendar year)
                                                 generated by Occidental
                                                 Chemical using the
                                                 wastewater treatment
                                                 process to treat the
                                                 Rockbox Residue and the
                                                 Limestone Sludge (EPA
                                                 Hazardous Waste No.
                                                 K019, K020). Occidental
                                                 Chemical must implement
                                                 a testing program that
                                                 meets conditions found
                                                 in Table 1. Wastes
                                                 Excluded From Non-
                                                 Specific Sources from
                                                 the petition to be
                                                 valid.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

[FR Doc. 99-2198 Filed 1-28-99; 8:45 am]
BILLING CODE 6560-50-P