[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2337-2342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-959]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6523-3]


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 (we or EPA) is granting a 
petition submitted by BWX Technologies, Inc. (formerly Babcock & 
Wilcox), to exclude from hazardous waste control (or delist) a certain 
solid waste. This action responds to the petition originally submitted 
by BWX Technologies, Inc. to delist a wastewater treatment sludge in 
the form of a filter cake on a ``generator specific'' basis from the 
lists of hazardous waste.
    After careful analysis, we have concluded that the petitioned waste 
is not hazardous waste when disposed of in a Subtitle D landfill which 
is permitted, licensed, or registered by a State to manage municipal or 
industrial solid waste, a permitted Subtitle C landfill or a Subtitle C 
landfill which is operating under interim status. This exclusion 
applies to filter cake generated at BWX Technologies, Inc.'s Lynchburg, 
Virginia facility. Accordingly, this final rule excludes the petitioned 
waste from the requirements of the hazardous waste regulations under 
the Resource Conservation and Recovery Act (RCRA) when disposed of in a 
Subtitle D landfill which is permitted, licensed, or registered by a 
State to manage municipal or industrial solid waste, a permitted 
Subtitle C landfill or a Subtitle C landfill which is operating under 
interim status, but imposes testing conditions to ensure that the 
future-generated wastes remain qualified for delisting.

EFFECTIVE DATE: January 14, 2000.

ADDRESSES: The RCRA regulatory docket for this final rule is located at 
the offices of U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA, 
19103-2029, and is available for viewing from 8:30 a.m. to 5:00 p.m., 
Monday through Friday, excluding Federal holidays. Call David M. 
Friedman at (215) 814-3395 for appointments. The public may copy 
material from the regulatory docket at $0.15 per page. The docket for 
this final rule is also located at the offices of the Campbell County 
Administrator's Office, P.O. Box 100, Main Street--Haberer Building 2nd 
floor, Rustburg,

[[Page 2338]]

VA, 24588, and is available for viewing from 8:30 a.m. to 5:00 p.m., 
Monday through Friday, excluding holidays. Call Kathy Elliot at (804) 
332-9619 for appointments.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
document, contact David M. Friedman at the address above or at (215) 
814-3395.

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 BWX Technologies 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 Waste Did BWX Technologies Petition EPA To Delist?
    B. How Much Waste Did BWX Technologies Propose To Delist?
    C. How Did BWX Technologies 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. What Were the Comments?
    C. What is EPA's Response to the Comment?
V. Administrative Assessments
    A. Executive Order 12866: Regulatory Planning and Review
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Unfunded Mandates Reform Act
    E. The Congressional Review Act
    F. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    G. Executive Order 12875: Enhancing the Intergovernmental 
Partnership
    H. National Technology Transfer and Advancement Act of 1995
    I. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments

I. Overview Information

A. What Action Is EPA Finalizing?

    We are finalizing:
    (1) The decision to grant BWX Technologies, Inc.'s (hereinafter, 
BWX Technologies') petition to have its filter cake 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. We 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 August 4, 1999, to 
exclude BWX Technologies' waste from the lists of hazardous wastes 
found at 40 CFR 261.31 (see 64 FR 42317).

B. Why Is EPA Approving This Delisting?

    BWX Technologies petitioned to exclude its filter cake because it 
does not believe that the petitioned waste meets the criteria for which 
it was listed.
    BWX Technologies 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 factors (including additional constituents) other than those 
for which the waste was listed, as 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(a)(1) and (2).
    For reasons stated in both the proposal and this document, we 
believe that BWX Technologies' filter cake should be excluded from 
hazardous waste control. Therefore, we are granting a final exclusion 
to BWX Technologies, located in Lynchburg, Virginia for its filter 
cake.

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 appendix IX to part 261 of 
Title 40 of the Code of Federal Regulations are satisfied. The maximum 
annual volume of the filter cake is 500 cubic yards.

D. How Will BWX Technologies Manage the Waste if It Is Delisted?

    The filter cake is currently disposed of in an off-site hazardous 
waste landfill. When delisted, the waste can be disposed of in an off-
site Subtitle D industrial landfill, or it may continue to be disposed 
of in an off-site hazardous waste landfill.

E. When Is the Final Delisting Exclusion Effective?

    This rule is effective January 14, 2000. HSWA 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. For these same reasons, this rule can become 
effective immediately (that is, upon publication in the Federal 
Register) 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 
EPA's authorization to make their own delisting decisions. We describe 
these two situations below.
    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 applicable State regulatory authority to establish the 
status of their wastes under the State law.
    We have also authorized some States (for example, Delaware, 
Louisiana, 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 BWX 
Technologies transports the petitioned waste to or manages the waste in 
any State with delisting authorization, BWX Technologies must obtain 
delisting approval from that State before it can manage the waste as 
nonhazardous in that State.

II. Background

A. What Is a Delisting Petition?

    A delisting petition is a formal request from a generator to EPA or 
another agency with jurisdiction to exclude from the lists of hazardous 
waste regulated by RCRA, a waste that the generator does not consider 
hazardous.

B. What Regulations Allow Facilities To Delist a Waste?

    Under 40 CFR 260.20 and 260.22, facilities may petition EPA to 
remove their wastes from hazardous waste control by excluding them from 
the lists of hazardous wastes contained in 40 CFR 261.31, 261.32 and 
261.33.

[[Page 2339]]

Specifically, 40 CFR 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of parts 260 through 
266, 268 and 273 of Title 40 of the Code of Federal Regulations. 40 CFR 
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 allow EPA to 
determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. In 
addition, the Administrator must determine that the waste is not 
hazardous for any other reason.

III. EPA's Evaluation of the Waste Data

A. What Waste Did BWX Technologies Petition EPA To Delist?

    BWX Technologies petitioned EPA to exclude from hazardous waste 
control the filter cake solids generated by its wastewater treatment 
facility. This filter cake results from the treatment of wastewaters in 
the pickle acid treatment system and it is a listed hazardous waste, 
EPA Hazardous Waste F006. The listed constituents of concern for this 
EPA Hazardous Waste F006 are cadmium, hexavalent chromium, nickel and 
complexed cyanide (see 40 CFR part 261, appendix VII).

B. How Much Waste Did BWX Technologies Propose To Delist?

    Specifically, in a March 11, 1999 update to its original petition, 
BWX Technologies requested that EPA grant a standard exclusion for 
filter cake solids generated at a rate of 300 cubic yards per calender 
year.

C. How Did BWX Technologies Sample and Analyze the Waste Data in This 
Petition?

    In support of its petition, BWX Technologies submitted detailed 
descriptions of its manufacturing and wastewater treatment processes, a 
schematic diagram of the wastewater treatment process, and analytical 
testing results for representative samples of the petitioned wastes, 
including: (1) The hazardous characteristics of ignitability and 
corrosivity; (2) total oil and grease; (3) Toxicity Characteristic 
Leaching Procedure (TCLP, SW-846 Method 1311) analysis for volatile and 
semi-volatile organic compounds and Toxicity Characteristic (TC) metals 
plus antimony, beryllium, cobalt, copper, nickel, thallium, tin, 
vanadium and zinc; (4) total constituent analysis for volatile and 
semi-volatile organic compounds and TC metals plus antimony, beryllium, 
cobalt, copper, nickel, thallium, tin, vanadium and zinc; (5) total 
cyanide, total sulfide, total fluoride and total formaldehyde; and (6) 
TCLP analysis for fluoride. BWX Technologies developed a list of 
constituents of concern by comparing a list of all raw materials used 
in the plant that could possibly appear in the petitioned waste with 
those found in 40 CFR parts 261, appendix VIII and 264, appendix IX. 
Based on a knowledge of its metal working processes and other processes 
at the facility and of the treatment operation, BWX Technologies 
determined that certain classes of chemical constituents would not be 
anticipated to be present in the filter cake. These chemicals include 
semi-volatile organic constituents (except those constituents listed in 
40 CFR 261.24), pesticides, herbicides, dioxins and furans.

IV. Public Comments Received on the Proposed Exclusion

A. Who Submitted Comments on the Proposed Rule?

    We received public comments on the August 4, 1999 proposed 
exclusion from only one interested party. This was the petitioner, BWX 
Technologies.

B. What Were the Comments?

    BWX Technologies requested an increase in the maximum waste volume 
that is covered by this exclusion for the filter cake solids from 300 
cubic yards per calendar year in the proposed exclusion to 500 cubic 
yards per calendar year. This request is being made in anticipation of 
an increase in production levels at the Lynchburg, VA facility.

C. What is EPA's Response to the Comment?

    This requested change in the volume of filter cake solids will not 
change the results of EPA's evaluation of the petition for the 
following reasons.
    We evaluated the potential impacts from disposal of the filter cake 
solids on the ground water, surface water and air exposure pathways. 
The model that we used for evaluating the potential ground water 
contamination does so by calculating a dilution/attenuation factor 
(DAF) which can vary from 100 for smaller annual volumes of waste 
(i.e., less than 1000 cubic yards per year) to 10 for larger annual 
volumes of waste (i.e., 400,000 cubic yards per year or more). Because 
the requested change to 500 cubic yards per year is still below the 
1000 cubic yard per year threshold, the DAF used in evaluating the 
potential impact on ground water will not change; that is, the DAF will 
remain 100 (which was the DAF used in our evaluation for the proposed 
rule).
    In addition, there is no change in the evaluation that we did of 
the potential impacts from disposal of the filter cake solids on the 
surface water and air exposure pathways since our evaluation for the 
proposed rule was done using a waste volume of 500 cubic yards. The 
results of all these evaluations are contained in the RCRA public 
docket for today's rule.
    Therefore, we approve the request to increase the volume of filter 
cake solids covered by this exclusion from 300 cubic yards to 500 cubic 
yards per calendar year.

V. Administrative Assessments

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, EPA must determine whether a 
regulatory action is ``significant'' and, therefore, subject to OMB 
review and the other provisions of the Executive Order. A ``significant 
regulatory action'' is one that is likely to result in a rule that may: 
(1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in Executive Order 
12866.
    Pursuant to Executive Order 12866 it has been determined that this 
rule is not a ``significant regulatory action'' and is therefore not 
subject to OMB review.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act(5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996) 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 effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions).

[[Page 2340]]

However, no regulatory flexibility analysis is required if the head of 
an agency or delegated representative certifies the rule will not have 
a significant economic impact on a substantial number of small 
entities.
    SBREFA amended the Regulatory Flexibility Act to require Federal 
Agencies to provide a statement of the factual basis for certifying 
that a rule will not have a significant economic impact on a 
substantial number of 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 rules. 
Accordingly, I hereby certify that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule, therefore, does not require a regulatory flexibility 
analysis.

C. Paperwork Reduction Act

    Information collection and recordkeeping requirements associated 
with this 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.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. The proposed delisting decision is 
deregulatory, and imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Thus, today's rule is not 
subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, EPA has determined that this proposed rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments and, therefore, no small government agency plan is 
required under section 203 of the UMRA.

E. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, (CRA) 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Rules of particular applicability are 
exempt, however, from the CRA. See 5 U.S.C. 804(3). Inasmuch as this 
action affects only one facility, it is a rule of particular 
applicability which is exempt from the requirements of the CRA and the 
EPA is not required to submit a rule report regarding today's action 
under section 801.

F. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    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 Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
economically significant as defined in Executive Order 12866, and 
because the Agency does not have reason to believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children.

G. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting with these governments, Executive Order 12875 requires EPA 
to 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, any 
written communications from the governments, and a statement supporting 
the need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply.

H. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, (15 U.S.C. 272) directs EPA 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, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. The NTTAA directs

[[Page 2341]]

EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This rulemaking 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 proposed rule.

I. Executive Order 13084: Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly 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, or EPA consults with those 
governments. If EPA complies by consulting with these governments, 
Executive Order 13084 requires EPA to 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 
officials 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. There is no impact to tribal 
governments as the result of today's proposed delisting decision. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this proposed 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: December 13, 1999.
Thomas C. Voltaggio,
Acting Regional Administrator, Region 3.
    For the reasons set out in the preamble, 40 CFR part 261 is amended 
as follows:

PART 261--[AMENDED]

    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 1 of appendix IX, part 261 add the following waste 
stream in alphabetical order by facility to read as follows:

Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 
260.22.

                               Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
                 Facility                                   Address                       Waste description.
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
BWX Technologies.........................  Lynchburg, VA...........................  Wastewater treatment sludge
                                                                                      from electroplating
                                                                                      operations (EPA Hazardous
                                                                                      Waste No. F006) generated
                                                                                      at a maximum annual rate
                                                                                      of 500 cubic yards per
                                                                                      year, after January 14,
                                                                                      2000, and disposed of in a
                                                                                      Subtitle D landfill. BWX
                                                                                      Technologies must meet the
                                                                                      following conditions for
                                                                                      the exclusion to be valid:
                                                                                     (1) Delisting Levels: All
                                                                                      leachable concentrations
                                                                                      for the following
                                                                                      constituents measure using
                                                                                      the SW-846 method 1311
                                                                                      (the TCLP) must not exceed
                                                                                      the following levels (mg/
                                                                                      l). (a) Inorganic
                                                                                      constituents--Antimony-
                                                                                      0.6; Arsenic-5.0; Barium-
                                                                                      100; Beryllium-0.4;
                                                                                      Cadmium-0.5; Chromium-5.0;
                                                                                      Cobalt-210; Copper-130;
                                                                                      Lead-1.5; Mercury-0.2;
                                                                                      Nickel-70; Silver-5.0;
                                                                                      Thallium-0.2; Tin-2100;
                                                                                      Zinc-1000; Fluoride-400.
                                                                                      (b) Organic constituents--
                                                                                      Acetone-400; Methylene
                                                                                      Chloride-0.5.
                                                                                     (2) Verification testing
                                                                                      schedule: BWX Technologies
                                                                                      must analyze a
                                                                                      representative sample of
                                                                                      the filter cake from the
                                                                                      pickle acid treatment
                                                                                      system on an annual,
                                                                                      calendar year basis using
                                                                                      methods with appropriate
                                                                                      detection levels and
                                                                                      quality control
                                                                                      procedures. If the level
                                                                                      of any constituent
                                                                                      measured in the sample of
                                                                                      filter cake exceeds the
                                                                                      levels set forth in
                                                                                      Paragraph 1, then the
                                                                                      waste is hazardous and
                                                                                      must be managed in
                                                                                      accordance with Subtitle C
                                                                                      of RCRA. Data from the
                                                                                      annual verification
                                                                                      testing must be submitted
                                                                                      to EPA within 60 days of
                                                                                      the sampling event.
                                                                                     (3) Changes in Operating
                                                                                      Conditions: If BWX
                                                                                      Technologies significantly
                                                                                      changes the manufacturing
                                                                                      or treatment process
                                                                                      described in the petition,
                                                                                      or the chemicals used in
                                                                                      the manufacturing or
                                                                                      treatment process, BWX
                                                                                      Technologies may not
                                                                                      manage the filter cake
                                                                                      generated from the new
                                                                                      process under this
                                                                                      exclusion until it has met
                                                                                      the following conditions:
                                                                                      (a) BWX Technologies must
                                                                                      demonstrate that the waste
                                                                                      meets the delisting levels
                                                                                      set forth in Paragraph 1;
                                                                                      (b) it must demonstrate
                                                                                      that no new hazardous
                                                                                      constituents listed in
                                                                                      appendix VIII of part 261
                                                                                      have been introduced into
                                                                                      the manufacturing or
                                                                                      treatment process: and (c)
                                                                                      it must obtain prior
                                                                                      written approval from EPA
                                                                                      to manage the waste under
                                                                                      this exclusion.
                                                                                     (4) Data Submittals: The
                                                                                      data obtained under
                                                                                      Paragraphs 2 and 3 must be
                                                                                      submitted to The Waste and
                                                                                      Chemicals Management
                                                                                      Division, U.S. EPA Region
                                                                                      III, 1650 Arch Street,
                                                                                      Philadelphia, PA 19103.
                                                                                      Records of operating
                                                                                      conditions and analytical
                                                                                      data must be compiled,
                                                                                      summarized, and maintained
                                                                                      on site for a minimum of
                                                                                      five years and must be
                                                                                      furnished upon request by
                                                                                      EPA or the Commonwealth of
                                                                                      Virginia, and made
                                                                                      available for inspection.
                                                                                      Failure to submit the
                                                                                      required data within the
                                                                                      specified time period or
                                                                                      to maintain the required
                                                                                      records on site for the
                                                                                      specified time period will
                                                                                      be considered by EPA, at
                                                                                      its discretion, sufficient
                                                                                      basis to revoke the
                                                                                      exclusion to the extent
                                                                                      determined necessary by
                                                                                      EPA. All data must be
                                                                                      accompanied by a signed
                                                                                      copy of the certification
                                                                                      statement set forth in 40
                                                                                      CFR 260.22(i)(12) to
                                                                                      attest to the truth and
                                                                                      accuracy of the data
                                                                                      submitted.

[[Page 2342]]

 
                                                                                     (5) Reopener:
                                                                                     (a) If BWX Technologies
                                                                                      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 BWX
                                                                                      Technologies must report
                                                                                      any information relevant
                                                                                      to that condition, in
                                                                                      writing, to the Regional
                                                                                      Administrator or his
                                                                                      delegate within 10 days of
                                                                                      discovering that
                                                                                      condition.
                                                                                     (b) Upon receiving
                                                                                      information described in
                                                                                      paragraph (a) of this
                                                                                      section, regardless of its
                                                                                      source, the Regional
                                                                                      Administrator or his
                                                                                      delegate will determine
                                                                                      whether the reported
                                                                                      condition requires further
                                                                                      action. Further action may
                                                                                      include repealing the
                                                                                      exclusion, modifying the
                                                                                      exclusion, or other
                                                                                      appropriate response
                                                                                      necessary to protect human
                                                                                      health and the
                                                                                      environment.
                                                                                     (6) Notification
                                                                                      Requirements: BWX
                                                                                      Technologies 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 be
                                                                                      deemed to be a violation
                                                                                      of this exclusion and may
                                                                                      result in a revocation of
                                                                                      the decision.
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[FR Doc. 00-959 Filed 1-13-00; 8:45 am]
BILLING CODE 6560-50-P