[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42033-42039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19439]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6409-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is granting a 
petition submitted by Occidental Chemical Inc. (Occidental) to exclude 
from hazardous waste control (or delist) a certain solid

[[Page 42034]]

waste. This action responds to the petition originally submitted by 
Occidental Chemical to delist the Rockbox Residue on a ``generator 
specific'' basis from the lists of hazardous waste. The EPA received a 
notice from Oxy Vinyls, LP regarding a change in ownership. Effective 
May 1, 1999, Oxy Vinyls, LP became the owner of Occidental Chemical 
Corporation, Houston Chemical Complex, VCM Site. Oxy Vinyls has advised 
the Agency that it wishes to proceed with the petition for delisting 
submitted by Occidental Chemical. We have changed the references to 
Occidental Chemical in the conditions of the delisting to Oxy Vinyls.
    After careful analysis, the EPA has concluded that the petitioned 
waste is not hazardous waste when disposed of in Subtitle D landfills/
surface impoundments. This exclusion applies to Rockbox Residue 
generated at Oxy Vinyl's Deer Park, Texas facility. Accordingly, this 
final rule excludes the petitioned waste 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: August 3, 1999.

ADDRESSES: The public docket for this final rule is located at the U.S. 
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 ``F-
97-TXDEL-OCCDEERPK''. 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 Michelle Peace, U.S. Environmental Protection Agency, 
1445 Ross Avenue, Dallas, Texas, (214) 665-7430.

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

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this delisting?
    C. What are the limits of this exclusion?
    D. How will Oxy Vinyls manage the waste if it is delisted?
    E. When is the final delisting exclusion effective?
    F. How does this action affect states?
II. Background
    A. What is a delisting petition?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Data
    A. What wastes did Oxy Vinyls petition EPA to delist?
    B. How much wastes did Oxy Vinyls propose to delist?
    C. How did Oxy Vinyls sample and analyze the waste data in this 
petition?
IV. Public Comments Received on the Proposed Exclusion
    A. Who submitted comments on the proposed rule?
    B. Can Oxy Vinyl increase the waste volume?
    C. Why wasn't the EPACMTP used?

I. Overview Information

A. What Action Is EPA Finalizing?

    The EPA is finalizing:
    (1) The decision to grant Oxy Vinyls' petition to have their 
Rockbox Residue excluded, or delisted, from the definition of a 
hazardous waste; and
    (2) The use of the EPA Composite Model for Landfills as the fate 
and transport model to evaluate the potential impact of the petitioned 
waste on human health and the environment. The Agency used this model 
to predict the concentration of hazardous constituents released from 
the petitioned waste once it is disposed.
    After evaluating the petition, EPA proposed, on February 19, 1999 
to exclude the Oxy Vinyls' waste from the lists of hazardous wastes 
under Secs. 261.31 and 261.32 (see 64 FR 8278).

B. Why Is EPA Approving This Delisting?

    Oxy Vinyls petitioned to exclude the Rockbox Residue treatment 
residues because it does not believe that the petitioned waste meets 
the criteria for which it was listed.
    Oxy Vinyls also believes that the waste does not contain any other 
constituents that would render it 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 
HSWA of 1984. See, section 222 of HSWA, 42 U.S.C. 6921(f), and 40 CFR 
260.22(d)(2)-(4).
    For reasons stated in both the proposal and this document, EPA 
believes that Oxy Vinyls' Rockbox Residue should be excluded from 
hazardous waste control. The EPA therefore is granting a final 
exclusion to Oxy Vinyls, located in Deer Park, Texas for its Rockbox 
Residue.

C. What Are the Limits of This Exclusion?

    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 the 
Rockbox Residue is 1,000 cubic yards.

D. How Will Oxy Vinyls Manage the Waste if It Is Delisted?

    The Rockbox Residue is currently disposed of in an off-site 
hazardous waste landfill. When delisted, the waste will be disposed of 
in an off-site Subtitle D industrial landfill.

E. When Is the Final Delisting Exclusion Effective?

    This rule is effective August 3, 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).

F. How Does This Action Affect States?

    Because EPA is issuing today's exclusion under the Federal RCRA 
delisting program, only States subject to Federal RCRA delisting 
provisions would be affected. This would exclude two categories of 
States: States having a dual system that includes Federal RCRA 
requirements and their own requirements, and States who have received 
our authorization to make their own delisting decisions.
    Here are the details: We allow states to impose their own non-RCRA 
regulatory requirements that are more stringent than EPA's, under 
section 3009 of RCRA. These more stringent requirements may include a 
provision that prohibits a Federally issued exclusion from taking 
effect in the State. Because a dual system (that is, both Federal 
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's 
waste, we urge petitioners to contact the State regulatory authority to 
establish the status of their wastes under the State law.
    EPA has also authorized some States (for example, Louisiana, 
Georgia,

[[Page 42035]]

Illinois) to administer a delisting program in place of the Federal 
program, that is, to make State delisting decisions. Therefore, this 
exclusion does not apply in those authorized States. If Oxy Vinyls 
transports the petitioned waste to or manages the waste in any State 
with delisting authorization, Oxy Vinyls must obtain delisting 
authorization from that State before they can manage the waste as 
nonhazardous in the State.

II. Background

A. What Is a Delisting Petition?

    A delisting petition is a request from a generator to EPA or 
another agency with jurisdiction to exclude from the list of hazardous 
wastes, wastes the generator does not consider hazardous under RCRA.

B. What Regulations Allow Facilities To Delist a Waste?

    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. Section 
260.22 provides generators the opportunity to petition the 
Administrator to exclude a waste on a ``generator-specific'' basis from 
the hazardous waste lists.

C. What Information Must the Generator Supply?

    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 
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.

III. EPA's Evaluation of the Waste Data

A. What Waste Did Oxy Vinyls Petition EPA To Delist?

    Occidental Chemical-Deer Park, now Oxy Vinyls petitioned the EPA to 
exclude from hazardous waste control its Rockbox Residue waste 
generated at the wastewater treatment facility. The Rockbox Residue is 
listed for 3 EPA Hazardous Waste Numbers due to the ``derived-from'' 
and mixture rules. The waste are listed as K019, K020, and K017. The 
listed constituents of concern for these EPA Hazardous Waste Numbers 
are shown in Table 1. See, 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.
K017...................  Epichlorohydrin, chloroethers,
                          trichloropropane, dichloropropanols.
------------------------------------------------------------------------

B. How Much Waste Did Oxy Vinyls Propose To Delist?

    Specifically, in its petition, Oxy Vinyls requested that EPA grant 
a standard exclusion for 1,000 cubic yards of Rockbox Residue generated 
per calender year.

C. How Did Oxy Vinyls Sample and Analyze the Waste Data in This 
Petition?

    In support of its petition, which included the sampling and 
analysis plan, Oxy Vinyls 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 ignitability; (8) results of the total basis for 
dioxin and furan; and (9) results of the dioxin and furan TCLP extract.

IV. Public Comments Received on the Proposed Exclusion

A. Who Submitted Comments on the Proposed Rule?

    The EPA received public comments on April 5, 1999, proposal from 
one interested party, the petitioner, Oxy Vinyls.

B. Can Oxy Vinyls Increase the Waste Volume?

    The facility would like to increase the waste volume for the 
Rockbox Residue from 238 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.
    A change in the volume of Rockbox Residue waste will not change the 
DAF, therefore the delisting levels will remain the same. The EPA 
approves the request to increase the volume of Rockbox Residue from 238 
cubic yards to 1,000 cubic yards and revising the petition.

C. Why Wasn't the EPACMTP Used?

    Oxy Vinyls felt that EPA should use the EPA Composite Model for 
Leaching Migration with Transformation Products (EPACMTP) to determine 
if the petitioned waste was a candidate for a delisting petition, in 
the proposed rule.
    The Region used the EPACMTP as a tool to preliminarily determine 
whether the wastes could meet the criteria for delisting as they 
pertain to the ground water pathway. We did not propose the Oxy Vinyls 
delisting decision based on the EPACMTP because the Region has not 
received internal concurrence or completed the external peer review 
necessary to propose the model's use in evaluating delisting petitions. 
When these reviews are complete, the Region will propose a decision 
based on the evaluation of the EPACMTP and request public comment. 
Until then, EPA must continue to use the EPACML model.

Regulatory Impact

    Under Executive Order (EO) 12866, EPA must conduct an ``assessment 
of the potential costs and benefits'' for all ``significant'' 
regulatory actions. The final 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 this

[[Page 42036]]

facility to manage its waste as nonhazardous. There is no additional 
impact therefore, due to today's final 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.

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 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 small entities.
    This rule, if promulgated, will not have an adverse economic impact 
on 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, 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.

Paperwork Reduction Act

    Information collection and recordkeeping requirements associated 
with this proposed rule have been approved by the Office of Management 
and Budget (OMB) under the provisions of the Paperwork Reduction Act of 
1980 (Public Law 96-511, 44 U.S.C. 3501 et seq.) and have been assigned 
OMB Control Number 2050-0053.

Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(UMRA), Public Law 104-4, which was signed into law on March 22, 1995, 
EPA 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 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. The 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, the proposed 
delisting does not establish any regulatory requirements for small 
governments and so does not require a small government agency plan 
under UMRA section 203.

Congressional Review Act

    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.

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.

 Executive Order 13045

    The Executive Order 13045 is entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997). This order applies to any rule that EPA determines (1) is 
economically significant as defined under Executive Order 12866, and 
(2) the environmental health or safety risk addressed by the rule has 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.

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 meaningful and timely

[[Page 42037]]

input'' in the development of regulatory policies on matters that 
significantly or uniquely affect their communities of Indian tribal 
governments. 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.

National Technology Transfer and Advancement Act

    Under section 12(d) if the National Technology Transfer and 
Advancement Act, the Agency is directed to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices, 
etc.) developed or adopted by voluntary consensus standard bodies. 
Where available and potentially applicable voluntary consensus 
standards are not used by EPA, the Act requires that Agency to provide 
Congress, through the OMB, an explanation of the reasons for not using 
such standards.
    This rule does not establish any new technical standards and thus, 
the Agency has no need to consider the use of voluntary consensus 
standards in developing this final rule.

Lists of Subjects in 40 CFR Part 261

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

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

    Dated: July 14, 1999.
Robert E. Hannesschlager,
Acting Director, Multimedia Planning and Permitting Division, Region 6.

    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 Table 2 of Appendix IX, 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 2.--Wastes Excluded From Specific Sources
----------------------------------------------------------------------------------------------------------------
                 Facility                                   Address                       Waste description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Oxy Vinyls...............................  Deer Park, Texas........................  Rockbox Residue, (at a
                                                                                      maximum generation of
                                                                                      1,000 cubic yards per
                                                                                      calender year) generated
                                                                                      by Oxy Vinyls using the
                                                                                      wastewater treatment
                                                                                      process to treat the
                                                                                      Rockbox Residue (EPA
                                                                                      Hazardous Waste No. K017,
                                                                                      K019, and K020).
                                                                                     Oxy Vinyls 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 must
                                                                                      be measured in the waste
                                                                                      leachate by the method
                                                                                      specified in 40 CFR
                                                                                      261.24.
                                                                                     (A) Rockbox Residue:
                                                                                     (i) Inorganic Constituents:
                                                                                      Barium--200; Chromium--
                                                                                      5.0; Copper--130;
                                                                                      Lead+1.5; Tin--2,100;
                                                                                      Vanadium--30; Zinc--1,000
                                                                                     (ii) Organic Constituents:
                                                                                      Acetone--400;
                                                                                      Dichloromethane--1.0;
                                                                                      Dimethylphthalate--4,000;
                                                                                      Xylene--10,000; 2,3,7,8-
                                                                                      TCDD Equivalent--
                                                                                      0.00000006
                                                                                     (2) Waste Holding and
                                                                                      Handling: Oxy Vinyls must
                                                                                      store in accordance with
                                                                                      its RCRA permit, or
                                                                                      continue to dispose of as
                                                                                      hazardous waste all
                                                                                      Rockbox Residue 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 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 set in
                                                                                      Condition 1, 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, Oxy Vinyls may
                                                                                      replace the testing
                                                                                      required in Condition
                                                                                      (3)(A) with the testing
                                                                                      required in Condition
                                                                                      (3)(B). Oxy Vinyls 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) When the
                                                                                      Rockbox unit is
                                                                                      decommissioned for clean
                                                                                      out, after the final
                                                                                      exclusion is granted, Oxy
                                                                                      Vinyls 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 Condition 1. No later
                                                                                      than 90 days after the
                                                                                      Rockbox unit is
                                                                                      decommissioned for clean
                                                                                      out the first two times
                                                                                      after this exclusion
                                                                                      becomes final, Oxy Vinyls
                                                                                      must report the
                                                                                      operational and analytical
                                                                                      test data, including
                                                                                      quality control
                                                                                      information.

[[Page 42038]]

 
                                                                                     (B) Subsequent Verification
                                                                                      Testing: Following written
                                                                                      notification by EPA, Oxy
                                                                                      Vinyls may substitute the
                                                                                      testing conditions in
                                                                                      (3)(B) for (3)(A)(i). Oxy
                                                                                      Vinyls must continue to
                                                                                      monitor operating
                                                                                      conditions, analyze
                                                                                      samples representative of
                                                                                      each cleanout of the
                                                                                      Rockbox of operation
                                                                                      during the first year of
                                                                                      waste generation.
                                                                                     (C) Termination of Organic
                                                                                      Testing for the Rockbox
                                                                                      Residue: Oxy Vinyls 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) until the
                                                                                      analyses submitted under
                                                                                      Condition (3)(B) show a
                                                                                      minimum of two consecutive
                                                                                      annual samples below the
                                                                                      delisting levels in
                                                                                      Condition (1)(A)(ii), Oxy
                                                                                      Vinyls may then request
                                                                                      that annual organic
                                                                                      testing be terminated.
                                                                                      Following termination of
                                                                                      the quarterly testing, Oxy
                                                                                      Vinyls 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 Oxy Vinyls
                                                                                      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), Oxy
                                                                                      Vinyls 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. 1001 and 42 U.S.C.
                                                                                      6928), I certify that the
                                                                                      information contained in
                                                                                      or accompanying this
                                                                                      document is true, accurate
                                                                                      and complete.
                                                                                      As to the (those)
                                                                                      identified section(s) of
                                                                                      this document for which I
                                                                                      cannot personally verify
                                                                                      its (their) truth and
                                                                                      accuracy, I certify as the
                                                                                      company official having
                                                                                      supervisory responsibility
                                                                                      for the persons who,
                                                                                      acting under my direct
                                                                                      instructions, made the
                                                                                      verification that this
                                                                                      information is true,
                                                                                      accurate and complete.
                                                                                      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.
                                                                                     (6) Reopener Language:
                                                                                     (A) If, anytime after
                                                                                      disposal of the delisted
                                                                                      waste, Oxy Vinyls
                                                                                      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 for
                                                                                      the delisting verification
                                                                                      testing is at level higher
                                                                                      than the delisting level
                                                                                      allowed by the Director in
                                                                                      granting the petition,
                                                                                      then the facility must
                                                                                      report the data, in
                                                                                      writing, to the Director
                                                                                      within 10 days of first
                                                                                      possessing or being made
                                                                                      aware of that data.
                                                                                     (B) If the annual testing
                                                                                      of the waste does not meet
                                                                                      the delisting requirements
                                                                                      in Paragraph 1, Oxy Vinyls
                                                                                      must report the data, in
                                                                                      writing, to the Director
                                                                                      within 10 days of first
                                                                                      possessing or being made
                                                                                      aware of that data.
                                                                                     (C) Based on the
                                                                                      information described in
                                                                                      paragraphs (A) or (B) and
                                                                                      any other information
                                                                                      received from any source,
                                                                                      the Director 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.

[[Page 42039]]

 
                                                                                     (D) If the Director
                                                                                      determines that the
                                                                                      reported information does
                                                                                      require Agency action, the
                                                                                      Director will notify the
                                                                                      facility in writing of the
                                                                                      actions the Director
                                                                                      believes are necessary to
                                                                                      protect human health and
                                                                                      the environment. The
                                                                                      notice shall include a
                                                                                      statement of the proposed
                                                                                      action and a statement
                                                                                      providing the facility
                                                                                      with an opportunity to
                                                                                      present information as to
                                                                                      why the proposed Agency
                                                                                      action is not necessary.
                                                                                      The facility shall have 10
                                                                                      days from the date of the
                                                                                      Director's notice to
                                                                                      present such information.
                                                                                     (E) Following the receipt
                                                                                      of information from the
                                                                                      facility described in
                                                                                      paragraph (D) or (if no
                                                                                      information is presented
                                                                                      under paragraph (D)) the
                                                                                      initial receipt of
                                                                                      information described in
                                                                                      paragraphs (A) or (B), the
                                                                                      Director 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
                                                                                      Director's determination
                                                                                      shall become effective
                                                                                      immediately, unless the
                                                                                      Director provides
                                                                                      otherwise.
                                                                                     (7) Notification
                                                                                      Requirements: Oxy Vinyls
                                                                                      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.
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* * * * *
[FR Doc. 99-19439 Filed 8-2-99; 8:45 am]
BILLING CODE 6560-50-P