[Federal Register Volume 65, Number 160 (Thursday, August 17, 2000)]
[Proposed Rules]
[Pages 50284-50310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20424]



[[Page 50283]]

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Part II





Environmental Protection Agency





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40 CFR Parts 261 and 266



Project XL Site-Specific Rulemaking for US Filter Recovery Services, 
Roseville, MN, and Generators and Transporters of USFRS XL Waste; 
Proposed Rule

  Federal Register / Vol. 65, No. 160 / Thursday, August 17, 2000 / 
Proposed Rules  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261 and 266

[FRL-6848-8]


Project XL Site-Specific Rulemaking for US Filter Recovery 
Services, Roseville, Minnesota, and Generators and Transporters of 
USFRS XL Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and draft final project agreement.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing this 
rule to implement a project under its Project XL (which stands for 
eXcellence and Leadership) program that would provide regulatory 
flexibility under the Resource Conservation and Recovery Act (RCRA), as 
amended, for the US Filter Recovery Services (USFRS) facility located 
at 2430 Rose Place, Roseville, Minnesota, 55113 and approved Minnesota 
generators and transporters of wastes to encourage the use of waste 
water treatment ion exchange resins. The principal objective of the 
USFRS XL Project is to pilot a flexible, performance-based system for 
managing waste waters from electroplaters, metal finishers and similar 
industries who by virtue of their using USFRS water treatment ion 
exchange resins generate electroplating sludges which are regulated 
hazardous wastes. To achieve this objective, this proposed rule would 
replace existing requirements for approved generators and transporters 
with a comprehensive program designed and implemented by USFRS to 
properly store and transport the USFRS water treatment ion exchange 
resin wastes. The overall terms of this XL Project are contained in the 
draft Final Project Agreement (FPA) of which EPA is also requesting 
comments. The draft FPA is available for public review and comment at 
the RCRA Docket in Arlington, Virginia, in the EPA Region V library, at 
USFRS, and on the world wide web at http://www.epa.gov/projectxl/. 
Following a review of the public comments and appropriate changes, the 
FPA would be signed by delegates from the EPA, the Minnesota Pollution 
Control Agency (MPCA), the Counties of Anoka, Carver, Dakota, Hennepin, 
Ramsey, Scott and Washington in Minnesota, USFRS and each participating 
generator and transporter.

DATES: Public Comments: Comments on the proposed rule and/or FPA must 
be received on or before September 7, 2000. All comments should be 
submitted in writing to the address listed below.
    Public Hearing: Commenters may request a public hearing by August 
24, 2000 during the public comment period. Commenters requesting a 
public hearing should specify the basis for their request. If EPA 
determines that there is sufficient reason to hold a public hearing, it 
will do so by August 31, 2000, during the last week of the public 
comment period. Requests for a public hearing should be submitted to 
the address below. If a public hearing is scheduled, the date, time, 
and location will be noticed through a Federal Register notice or by 
contacting Mr. Robert Egan at the Region V office.

ADDRESSES: Request to Speak at Hearing: Requests for a hearing should 
be mailed to the RCRA Information Center Docket Clerk (5305G), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., 
Washington, D.C. 20460. Please send an original and two copies of all 
comments, and refer to Docket Number F-2000-FRSP-FFFFF. A copy should 
also be sent to Mr. Robert Egan, EPA, Region V. Mr. Egan may be 
contacted at the following address: U.S. Environmental Protection 
Agency, Region V, Waste, Pesticides and Toxics Division, (DRP-8J), 77 
West Jackson, Chicago, Illinois, 60604, (312) 886-6212.
    Comments: Written comments should be mailed to the RCRA Information 
Center Docket Clerk (5305W), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, N.W., Washington, D.C. 20460. Please send an 
original and two copies of all comments, and refer to Docket Number F-
2000-FRSP-FFFFF. A copy of the comments should also be sent to Mr. Egan 
at U.S. EPA, Region V, Waste, Pesticides and Toxics Division (DRP-8J), 
77 West Jackson, Chicago, Illinois 60604.
    Viewing Project Materials: A docket containing the proposed rule, 
draft FPA, supporting materials, and public comments is available for 
public inspection and copying at the RCRA Information Center (RIC), 
located at Crystal Gateway, 1235 Jefferson Davis Highway, First Floor, 
Arlington, Virginia. The RIC is open from 9:00 am to 4:00 pm Monday 
through Friday, excluding federal holidays. The public is encouraged to 
phone in advance to review docket materials. Appointments can be 
scheduled by phoning the Docket Office at (703) 603-9230. Refer to RCRA 
docket number F-2000-FRSP-FFFFF. The public may copy a maximum of 100 
pages from any regulatory docket at no charge. Additional copies cost 
15 cents per page. Project materials are also available for review for 
today's action on the world wide web at http://www.epa.gov/projectxl/.
    A duplicate copy of the docket is available for inspection and 
copying at U.S. EPA, Region V, Waste, Pesticides and Toxics Division, 
77 West Jackson, Chicago, Illinois 60604 during normal business hours. 
Persons wishing to view the duplicate docket at the Chicago location 
are encouraged to contact Mr. Robert Egan in advance, by telephoning 
(312) 886-6212.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Egan, U.S. EPA, Region V, 
Waste, Pesticides and Toxics Division, 77 West Jackson, Chicago, 
Illinois 60604. Mr. Egan may be contacted at (312) 886-6212. Further 
information on today's action may also be obtained on the world wide 
web at http://www.epa.gov/projectxl/.

SUPPLEMENTARY INFORMATION: Electroplaters, metal finishers and other 
industries use large volumes of water to wash and rinse materials 
during the manufacturing process. In many manufacturing processes this 
wash and rinse water is used once then directed to an on-site waste 
water treatment plant where it is treated to levels required by the 
Clean Water Act prior to discharge to a surface water body or a local 
publicly owned treatment works (POTW).
    To minimize the use of potable water in the manufacturing process 
USFRS has developed a water treatment system that uses an ion exchange 
resin (``resin''). USFRS estimates that one gallon of its resin can 
treat anywhere from 500 to 2,000 gallons of process waste waters. The 
resins are contained in a canister. USFRS pays between $300 and $4,000 
per canister (for the larger ones) and they expect to use each canister 
for approximately 20 years. The process waste waters are directed to 
the canisters. The resins within the canisters collect the metals and 
other chemical contaminants that are otherwise contained in the process 
waste waters. Exiting the canister is cleaned water.
    USFRS anticipates that the cleaned water could be returned to the 
process thus avoiding or reducing the use and treatment of potable 
water in the manufacturing process. However, the collection of the 
chemical contaminants on the resins results in the resins being 
characterized as a listed hazardous waste--i.e., F006, waste water 
treatment sludges from electroplating operations. The resins may also 
exhibit a characteristic of hazardous waste as a result of the 
operations of a particular

[[Page 50285]]

manufacturer. The characterization of the resin wastes as a listed 
hazardous waste operates as a disincentive to a potential customer to 
use the USFRS waste water treatment system since that customer must 
handle, store and transport the resins according to the hazardous 
wastes requirements contained in 40 CFR parts 260-265, 268, 270, 273 
and 279.
    The purpose of the USFRS XL Project would be to determine whether 
substitute requirements imposed on USFRS and approved generators and 
transporters would remove this disincentive, as well as encourage 
increased use of the USFRS waste water treatment system, a decrease in 
the energy associated with use of potable water in the manufacturing 
process, and a decrease in the amount of hazardous chemicals discharged 
to POTWs. The development and implementation of the USFRS XL Project 
would be piloted at USFRS and at approved generators and transporters 
of USFRS resin wastes. The approved generators and transporters would 
handle, store and transport the resin wastes in accordance with 
specific standards contained in proposed new part 266, subpart N of 
Title 40 of the Code of Federal Regulations (``subpart N''). These 
requirements would operate in lieu of the requirements imposed under 
parts 261-265, 268, 270, 273 and 279 of Title 40 of the Code of Federal 
Regulations. As a result, it is anticipated that the generators will 
reduce their discharge of process waste waters to local POTWs. USFRS 
will handle the resin wastes as hazardous waste and in accordance with 
subpart N and its hazardous waste permit. The proposed rule would 
impose on USFRS additional reporting and handling requirements in 
exchange for the regulatory flexibility provided to the generators and 
transporters. All other hazardous wastes generated by these generators 
and USFRS would continue to be subject to current RCRA regulations.
    The USFRS XL Project is intended to test the effectiveness of an 
integrated, flexible, performance-based approach for managing hazardous 
waste to determine whether this approach promotes a reduction in the 
amount of hazardous chemicals which are discharged to the local POTWs 
and the amount of water used in the manufacturing process.
    EPA is proposing to implement the USFRS XL Project by providing the 
generators and transporters with a ``temporary deferral'' from the 
requirements of 40 CFR parts 261-265, 268, 270, 273 and 279 for USFRS 
XL waste. The deferral is temporary in that it is only applicable for 
the period of time that the waste is at the generator or during its 
transport to USFRS. Additionally, the deferral is temporary in that the 
deferral is applicable only during the time that this XL Project is 
effective--5 years from the effective date of subpart N.
    The deferral consists of designating the resin wastes by a waste 
code different from those identified in 40 CFR part 261 while the waste 
is at the approved generator and during its transport. To accomplish 
this the proposed rule contains a new definition of ``USFRS XL waste'' 
and provides it with a unique EPA waste code (XL001). USFRS XL wastes 
will be limited to used water treatment resin canisters and their 
contents from USFRS XL waste generators located in the state of 
Minnesota. The USFRS XL waste will include the resins, the wastes 
contained on or within the resins and any other wastes contained within 
the water treatment resin canisters. These wastes include only those 
wastes generated from processes subject to the RCRA F006 hazardous 
waste listing.\1\ USFRS and its generators or transporters will use the 
waste code XL001 when the wastes are at the generator or in transport.
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    \1\ A solid waste may be a hazardous waste if it is listed or 
demonstrates a characteristic as defined by 40 CFR part 261, 
subparts C and D. Certain solid wastes are considered listed 
hazardous wastes because they are generated as a result of specific 
manufacturing processes. Such solid wastes may also be considered 
characteristic hazardous waste depending on the chemical composition 
of the wastes. This XL Project is focused on the resin wastes 
generated from process waste waters associated with the F006 
hazardous waste listing. It is possible that for some manufacturers 
the resin wastes may also be characterized as a characteristic 
hazardous waste. This is acceptable for participation in the USFRS 
XL project provided the waste waters were from processes associated 
with the F006 hazardous waste listing.
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    The deferral would also require the approved generators and 
transporters and USFRS to comply with new part 266, subpart N in lieu 
of 40 CFR parts 261-265, 268, 270, 273 and 279. If the approved 
generator, transporter or USFRS fails to comply with the new 
requirements then it will have violated RCRA and may be subject to 
enforcement action for such violations. Proposed new subpart N includes 
specific requirements for the management of the USFRS XL wastes in a 
manner which ensures protection of human health and the environment 
while providing some flexibility to encourage chemical reuse and waste 
minimization. They are enforceable in the same way as current RCRA 
standards are enforceable to ensure that handling of the USFRS XL 
wastes would be protective of human health and the environment.
    EPA has agreed to provide USFRS and approved generators and 
transporters with this regulatory flexibility to determine if the 
proposed regulatory approach would result in superior environmental 
performance and significant cost savings to USFRS or its customers.
    Today's proposed rulemaking, and the state actions described in 
sections V.A & F of this preamble, will not in any way affect the 
provisions or applicability of any other existing or future 
regulations.
    EPA is soliciting comments on this rulemaking. EPA will publish 
responses to comments in a subsequent final rule. The USFRS XL Project 
will enter the implementation phase after EPA promulgates the final 
federal rule, the state of Minnesota adopts the required state legal 
mechanisms and the participants sign the FPA. EPA, MPCA, the counties 
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington in 
Minnesota, USFRS and the approved generators and transporters will sign 
the FPA. At the present time USFRS has only identified itself and 
Pioneer Transport (a potential participating transporter) for this XL 
Project. USFRS has not identified any generators as participants in 
this XL Project.
    The FPA may be modified at any time during this XL Project to add 
generators or transporters to this XL Project. A generator or 
transporter who wants to participate in this XL Project in the future 
will be subject to specific requirements and an approval process 
described below prior to being accepted into this XL Project. Only 
generators and transporters who have met the approval process 
conditions may participate in this XL Project. Consequently, 
implementation of this XL Project and the proposed rules will occur for 
a specific generator or transporter only after the appropriate state 
and federal legal mechanisms are in place and the generator or 
transporter has signed the FPA.

Outline of Today's Document

    The information presented in this preamble is organized as follows:

IV. Comparison of USFRS XL Project with Current RCRA Regulations

A. XL Waste Defined
    B. Substitute Requirements
    1. Waste Identification and Characterization
    2. EPA Identification Numbers
    3. Uniform Hazardous Waste Manifest
    4. Pre-transport and Transportation Requirements

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    5. Accumulation and Storage Prior to Shipment
    6. Reporting and Recordkeeping Requirements
    7. Additional Requirements Imposed on USFRS

V. How the USFRS XL Project will result in Superior Environmental 
Performance?

A. What Regulatory Changes will be Necessary to Implement this 
Project?
    1. Federal Regulatory Changes
    2. State Regulatory Changes
B. Why is EPA Supporting this New Approach to USFRS XL Waste 
Management?
C. How Have Various Stakeholders Been Involved in this Project?
D. How Will this Project Result in Cost Savings and Paperwork 
Reduction?
E. How Will EPA Ensure the Integrity of the USFRS XL Project?
F. How Will the Terms of the USFRS XL Project and Proposed Rule be 
Enforced?
G. How Long Will this Project Last and When Will it be Completed?

VI. Additional Information

A. How to Request a Public Hearing
B. How Does this Rule Comply With Executive Order 12866?
C. Is a Regulatory Flexibility Analysis Required?
D. Is an Information Collection Request Required for this Project 
Under the Paperwork Reduction Act?
E. Does This Project Trigger the Requirements of the Unfunded 
Mandates Reform Act?
F. Applicability of Proposed Subpart N under the Minnesota RCRA 
Authorized Hazardous Waste Program.
    1. Applicability of Rules in Authorized States
    2. Effect on Minnesota Authorization
G. How Does this Rule Comply with Executive Order 13045: Protection 
of Children from Environmental Health Risks and Safety Risks?
H. How Does this Rule Comply with Executive Order 13132: Federalism?
I. How Does this Rule Comply with Executive Order 13084: 
Consultation and Coordination with Indian Tribal Governments?
J. Does this Rule Comply with the National Technology Transfer and 
Advancement Act?

I. Authority

    EPA is publishing this proposed regulation under the authority of 
sections 2002, 3001, 3002, 3003, 3006, 3010, and 7004 of the Solid 
Waste Disposal Act of 1970, as amended by the Resource Conservation and 
Recovery Act, as amended (42 U.S.C. 6912, 6921, 6922, 6923, 6926, 6930, 
and 6974).

II. Overview of Project XL

    The draft FPA sets forth the intentions of EPA, MPCA, Pioneer 
Transport, the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
Scott and Washington,\2\ Minnesota and USFRS with regard to a project 
developed under Project XL. Project XL is an EPA initiative to allow 
regulated entities an opportunity to achieve better environmental 
results at less cost.
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    \2\ These counties are identified signators to the FPA since the 
State has given them certain responsibilities over hazardous waste 
generators, transporters and facilities within their jurisdiction.
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    EPA announced Project XL--``eXcellence and Leadership''--on March 
16, 1995. It is a central part of the National Performance Review and 
the EPA's effort to reinvent environmental protection. See 60 FR 27282 
(May 23, 1995). Under Project XL EPA provides a limited number of 
private and public regulated entities an opportunity to develop their 
own pilot projects to provide regulatory flexibility that will result 
in environmental protection that is superior to what would be achieved 
through compliance with current and reasonably anticipated future 
regulations. These efforts are crucial to EPA's ability to test new 
strategies that reduce regulatory burden and promote economic growth 
while achieving better environmental and public health protection. EPA 
intends to evaluate the results of this and other Project XL projects 
to determine which specific elements of the project(s), if any, should 
be more broadly applied to other regulated entities for the benefit of 
both the environment and the economy.
    Under Project XL, participants in four categories--facilities, 
industry sectors, governmental agencies and communities--are offered 
the flexibility to develop common sense, cost-effective strategies that 
will replace or modify specific regulatory requirements, on the 
condition that they produce and demonstrate superior environmental 
performance.
    The XL program is intended to allow EPA to experiment with 
potentially promising regulatory approaches, both to assess whether 
they provide benefits at the specific facility affected, and whether 
they should be considered for wider application. Such pilot projects 
allow EPA to proceed more quickly than would be possible when 
undertaking changes on a nationwide basis.
    Adoption of such alternative approaches or interpretations in the 
context of a given XL project does not, however, signal EPA's 
willingness to adopt that interpretation as a general matter, or even 
in the context of other XL projects. It would be inconsistent with the 
forward-looking nature of these pilot projects to adopt such innovative 
approaches prematurely on a widespread basis without first determining 
whether or not they are viable in practice and successful in the 
particular projects that embody them. Furthermore, as EPA indicated in 
announcing the XL program, EPA expects to adopt only a limited number 
of carefully selected projects. These pilot projects are not intended 
to be a means for piecemeal revision of entire programs. Depending on 
the results in these projects, EPA may or may not be willing to 
consider adopting the alternative interpretation again, either 
generally or for other specific facilities.
    EPA believes that adopting alternative policy approaches and 
interpretations, on a limited, site-specific basis and in connection 
with a carefully selected pilot project, is consistent with the 
expectations of Congress about EPA's role in implementing the 
environmental statutes (provided that the Agency acts within the 
discretion allowed by the statute). Congress' recognition that there is 
a need for experimentation and research, as well as ongoing re-
evaluation of environmental programs, is reflected in a variety of 
statutory provisions, such as section 8001 of RCRA.

XL Criteria

    To participate in Project XL, applicants must develop alternative 
pollution reduction strategies pursuant to eight criteria: superior 
environmental performance; cost savings and paperwork reduction; local 
stakeholder involvement and support; test of an innovative strategy; 
transferability; feasibility; identification of monitoring, reporting 
and evaluation methods; and avoidance of shifting risk burden. They 
must have full support of affected federal, state and tribal agencies 
to be selected.
    For more information about the XL criteria, readers should refer to 
the two descriptive documents published in the Federal Register (60 FR 
27282, May 23, 1995 and 62 FR 19872, April 23, 1997), and the December 
1, 1995 ``Principles for Development of Project XL Final Project 
Agreements'' document. For further discussion as to how the USFRS XL 
Project addresses the XL criteria, readers should refer to the USFRS 
draft FPA available from the EPA RCRA docket or Region 5 library for 
this action (see ADDRESSES section of today's preamble).

XL Program Phases

    Development of a Project has four basic phases: the initial pre-
proposal phase where the project sponsor comes up with an innovative 
concept that it would like EPA to consider as an XL pilot; the second 
phase where the

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project sponsor works with EPA and interested stakeholders in 
developing its XL proposal; the third phase where EPA, local regulatory 
agencies, and other interested stakeholders review the XL proposal; and 
the fourth phase where the project sponsor works with EPA, local 
regulatory agencies, and interested stakeholders in developing the FPA 
and legal mechanisms. The XL pilot proceeds into the implementation 
phase and evaluation phase after promulgation of the required federal, 
state and local legal mechanisms and after the designated participants 
sign the FPA.

Final Project Agreement

    The FPA is a written agreement between the project sponsor, 
participants and regulatory agencies. The FPA contains a detailed 
description of the proposed pilot project. It addresses the eight 
Project XL criteria, and the expectation of EPA that this XL Project 
will meet those criteria. The FPA identifies performance goals and 
indicators (monitoring schedules) which will enable USFRS to clearly 
illustrate the baseline quantities and compare them to quantities 
derived after implementation of the pilot. The FPA specifically 
addresses the manner in which the project is expected to produce 
superior environmental benefits. The FPA also discusses the 
administration of the agreement, including dispute resolution and 
termination. The draft FPA for the USFRS XL Project is available for 
review in the docket for today's action, and also is available on the 
world wide web at http://www.epa.gov/projectxl/.

III. Overview of the USFRS XL Project

    EPA is today requesting comments on the draft FPA and proposed 
rule. These items are key provisions to implement the USFRS XL Project. 
Today's proposed rule would facilitate implementation of the draft FPA 
and the USFRS XL Project. After receiving and reviewing comments on the 
draft FPA and proposed rule EPA will decide whether to proceed with 
final approval of the USFRS XL Project. If EPA decides to proceed with 
such final approval then EPA, MPCA , the counties of Anoka, Carver, 
Dakota, Hennepin, Ramsey, Scott and Washington in Minnesota, Pioneer 
Transport and USFRS will sign the final FPA. Additionally, EPA will 
finally promulgate the rules proposed today. The regulatory relief 
provided in the final EPA rules, however, will not be federally 
effective in Minnesota until the state has made changes similar changes 
to its hazardous waste management program and, as necessary, EPA has 
approved of those changes as part of the authorized hazardous waste 
program. See section V.A & F below for a more detailed discussion of 
the manner in which the state may make such changes and the 
consequences of such actions.

A. Scope of the USFRS XL Project

    The USFRS XL Project is limited in scope to USFRS and approved 
generators and transporters and to only USFRS XL wastes from the 
approved generators.
    EPA and MPCA will have to approve of any generator or transporter 
who is added to this XL Project. If the generator's principal place of 
business is located within the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott or Washington, Minnesota then the approval of 
the environmental agencies located within these counties is also 
required (``county environmental agencies'' or ``county agencies.'') 
EPA's approval will focus primarily on the compliance and enforcement 
history of the generator or transporter. In addition to this 
enforcement screen, USFRS will conduct a preliminary evaluation of the 
generator or transporter.
    USFRS' preliminary evaluation of a proposed generator will ensure 
that the proposed generator is within the electroplating, metal working 
and circuit board manufacturing industrial sectors, has a complete 
USFRS application form and has a storage area which meets the standards 
specified in subpart N. USFRS will conduct a waste analysis to 
determine the chemical constituents anticipated in a potential 
generator's waste stream and to determine such wastes' compatibility 
with USFRS' resin process and canisters. If a company passes USFRS' 
preliminary evaluation, USFRS may propose to EPA, MPCA and, as 
appropriate, the county agencies to add it to the USFRS XL Project. 
EPA, MPCA, and as appropriate, the county agencies must approve of the 
company before it can be added to the USFRS XL Project. After such 
approvals are received, USFRS may notify the company of its acceptance. 
At that time, the company must sign the FPA and a certification that 
they understand the training which USFRS provided on the proper 
handling of the USFRS XL waste. USFRS will assign a unique USFRS Client 
Number to the company and will also assign a unique USFRS Waste Profile 
Number to the waste stream(s) that contribute to the company's 
generation of the resin wastes.
    USFRS' preliminary evaluation of a proposed transporter will 
consist of determining whether the transporter has a current 
satisfactory safety rating from the United States Department of 
Transportation (USDOT), an EPA hazardous waste identification number, 
and a Minnesota Uniform Hazardous Materials Registration (Minnesota 
registration). USFRS will report on the results of this preliminary 
evaluation to EPA, MPCA and, as appropriate, the County Agencies. USFRS 
may propose a transporter who is not a licensed hazardous waste carrier 
or does not have an EPA identification number. USFRS may propose to 
EPA, MPCA and, as appropriate, the county agencies to add to the USFRS 
XL Project any transporter, even a common carrier, who has a current 
satisfactory rating from USDOT. EPA, MPCA, and as appropriate, the 
county agencies must approve of the transporter before it can be added 
to the USFRS XL Project. After such approvals are received, USFRS may 
notify the transporter of its acceptance. At that time, the transporter 
must sign the FPA and certify that it has been trained by USFRS on the 
proper handling of USFRS XL wastes and understands its responsibilities 
under new part 266, subpart N.
    The procedures for obtaining state and local approval of a 
transporter or generator may be different than the federal procedures 
outlined above. USFRS must obtain the approval of EPA and MPCA in all 
instances before it may add a company as a generator or transporter to 
the USFRS XL Project. For potential generators and transporters whose 
principal place of business is located in Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott or Washington Counties, Minnesota. USFRS will 
have to obtain the approval of the appropriate county agencies. In all 
instances USFRS will have to complete the preliminary evaluations 
identified above prior to proposing to EPA, MPCA or the county agencies 
the addition of a company to the USFRS XL Project.
    The federal procedures for approving a company as a participant in 
the USFRS XL Project as a generator or transporter are detailed in the 
proposed rule. In summary, if a company passes USFRS' preliminary 
evaluation, USFRS will notify EPA in writing of its desire to add this 
company to the USFRS XL Project. EPA will have twenty one days to veto 
such company's participation in the USFRS XL Project. EPA anticipates 
that it will exercise this veto authority based in part on the 
environmental compliance and enforcement history of the company. If 
USFRS does not receive a written disapproval from EPA within the twenty 
one days, the company is deemed to have EPA approval.

[[Page 50288]]

    USFRS must also obtain the approval of the MPCA and county agency, 
as appropriate. EPA anticipates that USFRS will seek the approval of 
MPCA and the appropriate county agency at the same time that it seeks 
EPA approval. MPCA and the appropriate county agency will perform a 
compliance and enforcement screen. If the potential generator or 
transporter passes this screen, MPCA will provide written notice to the 
company and notify it of its duties and responsibilities.
    After USFRS has received the approval of EPA, MPCA and the 
appropriate county agency it may proceed with the next step in the 
federal process for adding a generator or transporter to the USFRS XL 
Project. That step will consist of USFRS notifying the potential 
generator or transporter that it has received the required agency 
approvals. At that time, USFRS will obtain the company's signature to 
FPA and the appropriate certification. Upon request, USFRS will forward 
a copy of the signed documents to EPA, MPCA and the appropriate county 
agency.
    On the date USFRS receives the signed FPA and certification, the 
potential generator or transporter is considered part of this USFRS XL 
Project. This date may be referred to as the generator or transporter 
``effective date.'' The generator or transporter must handle its USFRS 
XL waste generated on or after the effective date in accordance with 
the requirements of part 266, subpart N. The generator or transporter 
must handle USFRS XL waste generated prior to the effective date 
according to the RCRA regulations applicable at that time. Proposed new 
subpart N does not apply retroactively to these wastes.
    The transportation of USFRS XL waste is strictly controlled and 
monitored by USFRS. The generator must contact USFRS whenever it has a 
shipment for pick-up. USFRS in turn will contact an approved 
transporter to arrange for pick-up of the waste. The approved 
transporters will be the sole transporters of these wastes. USFRS will 
provide the generator with the Transportation Tracking Document prior 
to the date the transporter arrives to pick-up the wastes. The 
generator will ensure that the information on the Transportation 
Tracking Document is correct. The generator will provide the 
Transportation Tracking Document to the transporter. The transporter 
will then carry the wastes to USFRS' Roseville, Minnesota facility for 
treatment.
    The USFRS Roseville facility will handle the USFRS XL wastes as a 
hazardous waste and consistent with its hazardous waste permit.\3\ 
USFRS' treatment of the wastes will consist of treatment to regenerate 
the resins and make them amenable for reuse in another canister. USFRS 
will handle any residual wastes from the resin regeneration process 
according to the RCRA hazardous waste code designation it would have 
had if it were not subject to the XL001 designation (i.e., F006 and any 
other appropriate waste codes). USFRS will ensure that this hazardous 
waste is legitimately recycled through metal recovery.
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    \3\ The conditions in proposed new subpart N must be 
incorporated into USFRS' hazardous waste permit by the State of 
Minnesota. This must be accomplished in time to allow USFRS to have 
the revised permit before it installs the resin canisters at its 
first generator approved by the agencies.
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    This XL Project is limited to USFRS water treatment resin canisters 
and their contents after use by a generator. The wastes include the 
resins, the wastes contained on or within the resins and any other 
wastes contained within the canisters. The wastes include only those 
wastes which are generated from processes subject to the RCRA F006 
hazardous waste listing.

B. What Problems Has USFRS Identified?

    The present RCRA regulatory structure may act as a disincentive for 
certain manufacturers to reduce their consumption of potable water. In 
particular, electroplaters, metal finishers and other similar 
industries use large volumes of water to wash and rinse materials 
during the manufacturing process. In most manufacturing processes 
today, wash and rinse water is used once, then discarded. This 
``single-use'' waste water is usually directed to an on-site waste 
water treatment plant where it is treated to levels required by the 
Clean Water Act prior to discharge to a POTW or surface waters. This 
single-use of water is very wasteful. A great amount of effort and cost 
is expended to produce potable water for this single use. Additional 
costs are incurred in treating these waste waters prior to discharge.
    To minimize single water use and to encourage recycling of rinse 
waters, USFRS has developed a water treatment system that uses a resin. 
The resin is contained within a cylindrical canister which can be 
integrated into a company's existing processes. One gallon of resin can 
treat between 500 to 2,000 gallons of waste waters. The regenerated 
water can then be directed back to the manufacturing process and 
reused. This reduces the amount of potable water that is needed in the 
manufacturing process. The resins contained within the canisters can be 
regenerated and reused at USFRS' Roseville, Minnesota facility. This 
regeneration process produces a regenerated resin and residual wastes 
containing metals, such as copper, nickel and zinc (``sludges''). The 
regenerated resin may be reused again in water treatment systems. The 
residual wastes from USFRS's regeneration process may be recycled to 
recover the metals contained within them.
    As part of this XL Project USFRS has proposed that it will arrange 
for the recycling of the sludges through metal reclamation. USFRS 
anticipates that this recycling will be done by another company. USFRS 
projects that the recycling of sludges will provide another 
environmental benefit since it will result in less wastes being 
landfilled. Furthermore, USFRS suggests that the metals that are 
recovered may reduce the energy and environmental impacts from mining 
and manufacturing of virgin ores.
    The proposed new subpart N requires USFRS to recycle the sludges 
through metal reclamation. It also requires USFRS to have its recycling 
in place prior to initiation of this XL Project. Since USFRS does not 
recycle these sludges itself its ability to implement this XL Project 
is restricted to the availability of legitimate off-site recyclers who 
are willing to accept the sludges. USFRS has indicated that there 
presently are not many companies who are willing or able to do such 
recycling. It has also indicated that it is committed to finding such a 
company and will continue to explore such options.
    This XL Project may provide sufficient environmental benefit 
without the sludge reclamation requirement. The benefits may derive 
from the anticipated increase in the use of the USFRS resins and the 
resultant anticipated reduction in the use of potable water for 
industrial processes, reduction in discharges to the POTWs and 
reduction in the use of chemicals for water treatment. Consequently, 
EPA may modify or delete the sludge reclamation requirements in new 
subpart N based on the public comments and information submitted during 
that period.
    The use of water reuse systems such as USFRS's ion exchange system 
by electroplaters, metal finishers and similar industries often results 
in the resins and canisters being considered a listed hazardous waste 
(F006) once the resins have been spent at the manufacturing plant. 
However, these resins and the canisters can be

[[Page 50289]]

regenerated at USFRS' Roseville, Minnesota facility. Since the resins 
and the canisters may be a RCRA hazardous waste, the manufacturer 
incurs additional obligations under RCRA that it would not necessarily 
incur if it had not implemented the water reuse system. The additional 
regulatory obligations may act as a disincentive to a company's use of 
a water reuse system and thus increases the use of potable water.

C. What Solutions Are Proposed by the USFRS XL Project?

    To encourage water and waste reduction and recycling, USFRS 
proposes that the canisters and resins be temporarily deferred from the 
RCRA regulatory requirements contained in 40 CFR parts 261-265, 268, 
270, 273 and 279. This temporary deferral would be implemented through 
a proposed regulation which designates these wastes by a waste code 
different from those identified in 40 CFR part 261 while the waste is 
at the approved generator and during its transport to USFRS. This 
deferral is premised on the fulfillment of five general requirements. 
First, the generator would handle the waste in accordance with specific 
standards required by the proposed rule. Second, the waste is 
transported only to USFRS' Roseville, Minnesota facility and only by 
approved transporters. Third, the generators and transporters are 
limited to companies located in Minnesota who pass a preliminary 
evaluation by USFRS and are approved by EPA, MPCA and the appropriate 
county agencies. Fourth, USFRS handles the waste according to the waste 
code designation it would have had but for this proposed rule (i.e., 
F006 and any other appropriate waste code). Finally, USFRS will 
recycle, through metals recovery, any metals contained in these wastes. 
Presented below is a more detailed discussion of these elements of the 
proposed rule and draft FPA.

IV. Comparison of USFRS XL Project With Current RCRA Regulations

A. XL Waste Defined

    A definition of ``USFRS XL waste'' is proposed for 40 CFR 266.301. 
``USFRS XL waste'' consists of the USFRS used water treatment resin 
canisters and their contents from approved USFRS generators within the 
State of Minnesota. The USFRS XL wastes include the ion exchange 
resins, the wastes contained on or within the ion exchange resins and 
any other wastes contained within the water treatment resin canisters. 
Spills of USFRS XL wastes by the generator or transporter are 
considered USFRS XL waste provided the generator or transporter handles 
the spill in accordance with the spill requirements of proposed 40 CFR 
266.308(e) and 266.311. The USFRS XL wastes are limited to wastes which 
result from processes which would be subject to the RCRA F006 hazardous 
waste designation at the point of generation (i.e. waste water 
treatment sludges from specified electroplating operations). This 
definition of USFRS XL wastes includes only those ion exchange resin 
canisters which result in reuse of substantially all of the treated 
waste waters in the industrial process. These wastes may also exhibit a 
characteristic of hazardous waste as a result of the operations of a 
particular company. This definition does not include those ion exchange 
resins canisters which result in the disposal of the treated waste 
waters, without any reuse of the treated waste waters in the industrial 
process. This definition does not include wastes that were generated 
prior to the date a generator is added to this USFRS XL Project. USFRS 
XL waste while at an approved generator and during transport shall be 
identified by the waste code XL001. The XL001 waste designation applies 
only to USFRS XL wastes generated by approved USFRS XL waste 
generators.
    An approved USFRS XL waste generator is a company located in 
Minnesota who: has properly identified its wastes and processes; has 
passed a preliminary evaluation by USFRS; has not been excluded by EPA, 
MPCA and appropriate county agencies; has received notice of approval 
from USFRS; and has signed the FPA, and a certification that it has 
taken and understood the specific training required by subpart N.
    USFRS will assign to approved generators a USFRS Client Number and 
USFRS Waste Profile Number for USFRS XL wastes.

B. Substitute Requirements

    The RCRA regulations identify specific requirements for persons who 
generate, transport, treat, store or dispose of hazardous waste (40 CFR 
parts 261-266, 268, 270, 273 and 279). Generators of hazardous waste 
are subject to different requirements depending upon the quantity and 
type of hazardous waste that they generate or accumulate in a calendar 
month (40 CFR 261.5, 262.10(b) and 262.34). The RCRA regulations also 
have specific provisions for the management of certain recyclable 
materials (40 CFR 261.6). USFRS and approved generators and 
transporters of USFRS XL waste must comply with new part 266, subpart N 
instead of the regulations contained in 40 CFR 261.5, 261.6(a)(1), 
parts 262-265, 268, 270, 273 and 279. Additionally, the USFRS XL waste 
generator may exclude the amount of USFRS XL waste it generates when it 
is determining whether it is subject to 40 CFR 261.5 or part 262. 
Presented below is a summary of the substitute requirements for USFRS 
and the approved generators and transporters.\4\
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    \4\ Unless otherwise specified, the discussion that follows on 
the RCRA requirements focuses on the requirements for large quantity 
generators. The USFRS XL Project and proposed new subpart N, 
however, applies to all generators, regardless of the quantity of 
waste that they generate.
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1. Waste Identification and Characterization
    RCRA Requirements. Generators of hazardous waste are required to 
properly characterize their wastes as hazardous waste, (40 CFR 262.11). 
For listed hazardous waste the generator must determine if it is listed 
in subpart D of 40 CFR part 261. For characteristic hazardous waste the 
generator may accomplish this characterization either by testing the 
waste or applying specific knowledge of the hazardous characteristics 
of the waste considering the materials or the processes used.
    XL Project Requirements. USFRS XL waste would normally be 
considered a listed hazardous waste (F006) and, depending on the 
processes, may be considered a characteristic hazardous waste. In order 
to determine all of the wastes codes appropriate for a particular waste 
stream it would be necessary for a generator to test the waste or have 
specific knowledge. In lieu of having this responsibility fall solely 
on the generator, this XL Project proposes that USFRS and the customer 
will share certain responsibilities.
    Pursuant to Sec. 266.306, prior to being accepted into this XL 
Project, the customer/potential generator company would properly 
identify its processes and chemicals contributing to the water proposed 
for treatment in the USFRS resin canisters. It may only identify those 
waste streams which meet the F006 listing. The customer will accomplish 
this by completing and submitting to USFRS a USFRS XL waste application 
form. After being accepted into this XL Project, the customer shall 
provide USFRS with prior notification of any changes in its processes. 
USFRS will perform a chemical profile analysis, of the customer's waste 
stream(s) and processes contributing to the water treated within the 
ion exchange resin canisters. USFRS will conduct this analysis in 
accordance with the test

[[Page 50290]]

methods identified in its waste analysis plan contained in its RCRA 
hazardous waste permit. This waste stream analysis will substitute for 
an analysis of the resins after use in the canisters. The analysis will 
also ensure that the waste waters are compatible with the ion exchange 
resin process and that the wastes are compatible with maintaining the 
integrity of the canisters. USFRS will conduct the waste stream 
analysis once for each customer prior to accepting a customer into this 
XL Project. Once a customer is accepted into the XL Project, USFRS will 
repeat the analysis whenever a customer provides it with notice that it 
has changed its processes contributing to the USFRS XL waste.
    The USFRS XL waste designation will only apply to those water 
treatment resin canisters and their contents for processes identified 
by the customer, evaluated by USFRS and approved by EPA, MPCA and 
appropriate county agencies.
2. EPA Identification Numbers
    RCRA Requirements. Persons who generate, transport, treat, store or 
dispose of hazardous waste must obtain an EPA identification number, 
(40 CFR 262.12 and 263.11).\5\ Generators and transporters receive an 
identification number by completing and submitting to EPA a 
Notification of Hazardous Waste Activity Form (EPA form 8700-12). The 
notification form generally requires the generator or transporter to 
identify its name, address, contact person, regulatory status (e.g., 
large quantity generator, small quantity generator, transporter, 
treatment, storage or disposal facility, etc.). For a generator, the 
type and estimated quantity of hazardous wastes it generates also must 
be identified. Generally, it identifies the wastes by specific EPA 
wastes codes (``D'', ``F'', ``K'', ``P'' or ``U''). It also requires 
the generator to sign the form and certify that the information it is 
providing is true, accurate and complete.
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    \5\ Persons who qualify as conditionally exempt small quantity 
generators are not required to submit a notification to EPA to 
obtain an EPA identification number.
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    XL Project Requirements. Some of the USFRS XL waste generators and 
transporters may have an EPA identification number or submitted an EPA 
notification form. These are not required for participation in this XL 
project. Instead, USFRS XL transporters and generators will be given a 
unique USFRS XL client identification number. Additionally, each 
generator's USFRS XL waste will be given a unique waste profile number.
    This XL Project has the biggest potential impact on the number of 
generators added to the RCRA universe. Some of the potential generators 
may have an EPA identification number due to other hazardous waste 
activities that they conduct. USFRS anticipates, however, that a large 
number of new generators may be added. These generators would not have 
an EPA identification number except for their participation in this XL 
Project.
    USFRS proposes that instead of requiring these generators to submit 
a notification form and obtain an EPA identification number, EPA would 
accept the USFRS XL waste application form and its unique customer and 
process waste stream number. The procedures for adding generators and 
transporters to this XL Project are contained in new proposed 
Secs. 266.302 and 266.303. USFRS will require all potential generators 
to complete a USFRS XL waste application form. The USFRS XL waste 
application form will contain information similar to that required on 
the Notification Form, except that it will identify the wastes by the 
``XL001'' designation in addition to the EPA waste codes. Additionally, 
USFRS will assign to each approved generator a unique client number 
instead of an EPA identification number. The customer will use this 
number whenever it generates and transports off-site USFRS XL waste. 
USFRS will also assign to each approved waste stream from the customer 
a unique number known as a waste profile number.
    After receiving the approval of EPA, MPCA and appropriate county 
agencies, USFRS will provide its customer with an approval letter.
    Pursuant to new proposed Sec. 266.319(c), USFRS will maintain a 
list of the approved customers and generators \6\. USFRS will include 
on that list the customer name, the USFRS client and waste profile 
numbers, a summary of the results of the USFRS profile analysis and the 
process waste streams approved for participation in the XL Project. 
USFRS will have that list available at its Roseville, Minnesota 
facility and will provide that list to EPA and MPCA on a quarterly 
basis \7\. If any of the customer information is claimed as 
confidential business information or trade secrets USFRS will indicate 
that fact and notify EPA and MPCA. EPA will treat such material in 
accordance with 40 CFR part 2.
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    \6\ A distinction is made in the rules between an approved 
customer and an approved generator. They are essentially the same 
with the only difference being that a customer is not automatically 
a generator. A customer becomes a generator when it first generates 
or causes to be regulated USFRS XL waste.
    \7\ USFRS will also have a list of the approved transporters, 
see proposed Sec. 266.319(c).
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    EPA believes that USFRS' proposed system for notifying and tracking 
USFRS XL waste transporters, customers and generators is an acceptable 
replacement for the EPA notification and identification number 
requirements otherwise imposed upon hazardous waste generators under 40 
CFR part 262. Additionally, EPA believes that this method may allow for 
better tracking of the progress and benefits associated with this XL 
Project since generators and their waste streams will be identified by 
unique codes instead of the generic site-wide EPA identification 
number. From an administrative perspective it may be better for all 
USFRS XL waste not to have a unique EPA identification number since a 
large percentage of these generators may have the need for such number 
only because of their participation in this XL Project. Once their 
participation ends so too would the need for the EPA identification 
number. This in and of itself is not a justification to replace the 
notification and EPA identification requirements. However, since USFRS 
will track the shipments of USFRS XL waste according to the unique 
USFRS customer and waste stream number and will provide EPA with a list 
of those customers EPA is receiving the same information without adding 
companies to the RCRA data base. Additionally, the USFRS tracking may 
be an improvement on the present hazardous waste tracking system since 
that system does not track the source of the waste streams. Finally, 
since this XL Project is limited in time and a participant may revert 
to a non-regulatory status once it quits this XL Project EPA believes 
that allowing a substitute to the notification and EPA identification 
number would be acceptable and may save the Agency resources.
3. Uniform Hazardous Waste Manifest
    RCRA Requirements. The Uniform Hazardous Waste Manifest 
(``manifest'') is used to track hazardous waste from its point of 
generation to its destination, often referred to as the ``designated 
facility.''
    Generally, hazardous waste generators must use the manifest when 
hazardous waste is transported offsite, (40 CFR 262.20(a)).\8\ 
Instructions for the manifest

[[Page 50291]]

require that the generator provide information about the wastes' 
handlers including the name of the transporter and the designated 
facility, and a description of the hazardous waste being transported. 
The generator must sign the manifest certifying that a waste 
minimization program is in place, and that the waste is properly 
packaged, marked, labeled and placarded.
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    \8\ A substitute for the manifest is allowed for certain 
generators of small quantities of hazardous waste, see 40 CFR 
262.20(e) and a manifest is not required for conditionally exempt 
small quantity generators, see 40 CFR 261.5.
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    Each time a waste is transferred (e.g., from one transporter to 
another, or from a transporter to the designated facility), the 
manifest must be signed to acknowledge receipt of the waste. A copy of 
the manifest is retained by each individual in the transportation 
chain. Once the waste is delivered to the designated facility, the 
owner or operator of that facility must sign and return a copy of the 
manifest to the generator. The generator must submit an exception 
report to the EPA Regional Administrator if he or she still has not 
received the manifest after specified time periods (45 days for large 
quantity generators, and 60 days for small quantity generators). The 
generator, transporter, and the designated facility must each keep 
copies of the manifest for three years.
    Generators are also prohibited from offering hazardous waste to 
transporters or treatment, storage or disposal facilities that do not 
have an EPA ID number.
    XL Project Requirements. USFRS will ensure that USFRS XL waste 
reaches its destination by applying strict transportation routing and 
tracking requirements to the transportation of USFRS XL waste from 
generators, its use select approved transporters and the use of a USFRS 
Transportation Tracking Document. Proposed subpart N accomplishes this 
by directly imposing these requirements on USFRS and its generators and 
transporters (proposed Sec. 266.310). The requirements are summarized 
below.
    USFRS will control the transportation and routing of the USFRS XL 
wastes from a generator and its transporters. All USFRS XL waste 
generators must use a USFRS XL waste approved transporter to transport 
the USFRS XL waste. The USFRS XL waste must be sent to USFRS' 
Roseville, Minnesota facility. The generator must contact USFRS when it 
wants to transport its USFRS XL waste. USFRS's Roseville facility has a 
dedicated shipping department. That department will arrange with a 
USFRS XL waste approved transporter to pick-up the generator's USFRS XL 
waste within 30 days of receipt of the generator's request. USFRS' 
shipping department will complete the USFRS Transportation Tracking 
Document and provide it to the generator with a copy to USFRS's lab. 
USFRS will include on the Transportation Tracking Document information 
required by these new rules. USFRS will provide the generator with the 
Transportation Tracking Document prior to the transporter arriving at 
the generator's site to pick up the waste.\9\
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    \9\ Proposed Sec. 266.310(a) requires USFRS to provide the 
Transportation Tracking Document to the generator prior to the 
arrival of the transporter at the generator. Although a specific 
number of days in advance is not specified in the rule it is 
expected that USFRS will provide the Transportation Tracking 
Document with enough time for the generator to review the document 
to ensure it is accurate and can make any necessary revisions. USFRS 
anticipates that it will usually provide the Transportation Tracking 
Document within 3 days of receiving a request from the generator to 
pick-up its USFRS XL waste.
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    USFRS's transporters must transport the USFRS XL waste to USFRS's 
Roseville, Minnesota facility within 30 days of USFRS's contacting the 
transporter to collect the USFRS XL waste from the generator. USFRS's 
lab will track the receipt of the USFRS XL waste identified on the 
Transportation Tracking Document. The proposed rules require the USFRS 
XL waste to be transported to the USFRS Roseville, Minnesota facility 
within 30 days of its pick-up. USFRS has indicated that this 30 days 
may be necessary to facilitate scheduling shipments of XL waste in an 
efficient manner. A USFRS transporter may store or arrange to store a 
shipment of USFRS XL waste during that 30 day period, provided however, 
it may only do so for a 10 day or less period without triggering the 
facility requirements in sections 264, 265, 268 and 270 of RCRA. This 
10 day limitation on the storage of USFRS XL waste by the transporter 
mirrors the limitations on storage by transfer facilities contained in 
section 263.12.
    If the shipment is not received by USFRS within 30 days of the 
USFRS transporter picking it up at the USFRS generator, USFRS will 
contact the transporter to determine the disposition of the load. If 
USFRS does not receive the shipment within 5 days of its scheduled 
arrival date, it will notify EPA, MPCA and appropriate county agencies. 
USFRS will send copy of the Transportation Tracking Document to the 
USFRS generator within 5 days of USFRS' receipt of the XL001 waste from 
the transporter.
    USFRS will use its own trucks or those of approved transporters to 
transport USFRS XL waste to USFRS's Roseville facility. USFRS has a 
strict program in place for selection of qualified transporters. USFRS 
contracts only with transporters who have met USFRS quality control 
requirements. USFRS requires its transporters to have an EPA 
identification number and a current satisfactory rating from the USDOT. 
This rating is the highest rating available and includes an assessment 
of the safety record of the transporter and its drivers and the 
condition of the trucks. Additionally, USFRS requires its USFRS XL 
waste transporters to have a Minnesota registration to transport 
hazardous waste. Proposed Sec. 266.303(c) and (d) incorporates these 
USFRS requirements as part of the preliminary evaluation that USFRS 
must conduct prior to proposing a transporter to USEPA. The proposed 
rules allow USFRS to propose any transporter, including common 
carriers, as a participant. However, the transporter must be approved 
by USEPA prior to being accepted , must have a satisfactory USDOT 
safety rating and must complete training on the proper handling of the 
USFRS XL waste and compliance with subpart N. USFRS will assign to each 
transporter a unique USFRS client identification number. This number 
will be used on the Transportation Tracking Document.
    In lieu of the manifest, USFRS, its transporters and generators 
will use a USFRS Transportation Tracking Document when transporting the 
USFRS XL waste from the generator to USFRS's Roseville facility. USFRS 
has provided EPA with a draft Transportation Tracking Document for use 
with this XL Project. The draft Transportation Tracking Document 
contains information similar to the information contained on the 
manifest. Instead of an EPA identification number the generator will 
use its USFRS client and waste profile numbers and the XL001 code to 
identify the USFRS XL wastes it is shipping. The transporter will also 
use its unique client identification number. The Transportation 
Tracking Document does not contain the waste minimization statement 
normally found on the manifest. The Agency believes that such a 
statement is not needed since the participants to this XL project have 
already committed to waste minimization, and therefore will be 
minimizing the water used and potentially other chemicals. Furthermore, 
as signatories to the FPA participants are certifying their intent to 
reduce the amount of waste that would be disposed. Proposed 
Sec. 266.310 and the definition of the USFRS XL Waste

[[Page 50292]]

Transportation Tracking Document contained in proposed Sec. 266.301 
requires that USFRS obtain EPA approval of the Transportation Tracking 
Document prior to using the Transportation Tracking Document and 
whenever it proposes to revise it. EPA proposes to approve the draft 
Transportation Tracking Document provided by USFRS. Pursuant to 
proposed Secs. 266.319(d), 320 and 321 USFRS, the transporter and the 
generator(s) will retain a copy of the Transportation Tracking Document 
for three years for each shipment of XL wastes that it receives at its 
Roseville, Minnesota facility.
    This project shifts the burden of tracking the shipments from the 
generator to USFRS. Consequently, pursuant to proposed Sec. 266.310(a), 
USFRS, not the generator, will assume responsibility for any exception 
reports. With this XL Project the generator must use USFRS or one of 
its approved transporters to transport the XL wastes. USFRS will track 
the receipt of the shipments at its Roseville, Minnesota facility. 
Since USFRS will only use approved transporters and it completes and 
tracks each generator Transportation Tracking Document, USFRS will know 
of any shipment that is not received at its Roseville facility. USFRS 
will use a shorter time period--five days--to gauge whether it is 
necessary to take further steps to locate a shipment. If USFRS is 
unable to locate the shipment within five days it will then notify EPA, 
MPCA and appropriate county agencies of that fact. This XL Project is 
more stringent than RCRA since it requires a preliminary evaluation of 
the transporters, directs the shipments to only one facility; and 
requires notice of lost shipments at an earlier time.
4. Pre-Transport and Transportation Requirements
    RCRA Requirements. RCRA establishes pre-transportation and 
transportation requirements for generators and transporters of 
hazardous waste. The generator must properly package (40 CFR 262.30), 
label (40 CFR 262.31), mark (40 CFR 262.32) and placard (40 CFR 262.33) 
hazardous waste. These rules incorporate by reference the requirements 
for packing, labeling, marking and placarding contained in the US DOT 
regulations for transportation of hazardous materials found at 49 CFR 
parts 172, 173, 178, and 179. Generators must also mark containers of 
110 gallons \10\ or less of hazardous waste as follows (40 CFR 
262.32(b)):
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    \10\ The USDOT regulations have increased the size of the 
containers from 110 gallons to 119 gallons. EPA's regulations 
presently retain the 110 gallon size.

    ``HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If 
found, contact the nearest police or public safety authority or the 
---------------------------------------------------------------------------
U.S. EPA.

Generator's Name and Address------------------------------------------
Manifest Document Number''--------------------------------------------

    The transporter of hazardous waste must have an EPA identification 
number, (40 CFR 263.11); accept hazardous waste only with an 
accompanying manifest, sign and retain a copy of the manifest, and 
ensure the manifest accompanies the shipment of hazardous waste, (40 
CFR 263.20); and ship the hazardous waste to the designated facility or 
next designated transporter, (40 CFR 263.21). Additionally, if a spill 
occurs during the shipment of the hazardous waste, then the transporter 
must take appropriate immediate action to protect human health and the 
environment, clean up the release and notify the National Response 
Center and the Department of Transportation when required, (40 CFR 
263.30 and 31).
    XL Project Requirements. Under this XL Project, USFRS or an 
approved USFRS transporter will transport the USFRS XL wastes from the 
generator to the USFRS Roseville, Minnesota facility. USFRS has an EPA 
identification number and a hazardous waste permit. USFRS approved 
transporters will have a current satisfactory safety rating from USDOT 
and a unique USFRS customer identification. All transporters will use 
the USFRS Transportation Tracking Document. Pursuant to proposed 
Secs. 266.308(c) and 309 the transporters and generators will ensure 
the USFRS XL wastes have affixed to the ion exchange resin canisters 
the following warning statement which will be provided by USFRS:

    XL001 wastes--USFRS ion exchange resin canister wastes-Federal 
Law Prohibits Improper Disposal. This is USFRS XL waste from (insert 
XL waste generator's name). Handle as a hazardous waste and ship 
only to USFRS located at 2430 Rose Place, Roseville, MN. This waste 
was placed in this container on (date) and placed in storage at 
(insert USFRS XL waste generator's name) on (insert date). If found, 
contact USFRS and the nearest police, public safety authority, EPA 
or MPCA. The USFRS telephone number is (insert phone number). USFRS 
Transportation Tracking Document Number ____________''If spilled 
immediately contain the spill and prevent it from going into any 
water body; collect the spilled material and place in a 55 gallon 
steel drum; contact USFRS and the nearest police, public safety 
authority, EPA or MPCA.

    USFRS will supply these labels to the generator at the same time as 
it provides the generator with the USFRS Transportation Tracking 
Document. The transporters will ensure that these labels are affixed to 
the containers during transport and that the XL wastes are within an 
approved container.
5. Accumulation and Storage Prior to Shipment
    RCRA Requirements. Generators of hazardous waste are allowed to 
accumulate hazardous waste on their property from between 90 to 270 
days, depending on the quantity of wastes, (40 CFR 262.34). The 
generators may accumulate the hazardous waste in containers, tanks, 
drip pads or containment buildings, provided each of these units meets 
specific requirements for the safe storage of hazardous wastes, (40 CFR 
262.34). Generally, these ``safe storage'' standards are grouped into 
four broad categories of requirements: Use and Management of 
Containers, Preparedness and Prevention, Contingency Plan and Emergency 
Procedures and Personnel Training.
    The container management standards require the generator to store 
the hazardous waste in containers which are in good condition, 
compatible with their contents and closed during storage (40 CFR 
262.34(a)(1)(i) and 265.171, 172 and 173). The generator must meet 
special requirements for ignitable, reactive or incompatible wastes (40 
CFR 262.34(a)(1)(i) and 265.176 and 177). The generator is required to 
inspect the condition of the containers on a weekly basis (40 CFR 
262.34(a)(1)(i) and 265.174). The generator must also control volatile 
emissions from the containers (40 CFR 262.34(a)(1)(i) and 265.178). If 
the generator uses process vents or there is the possibility of air 
emissions from the containers, then the generator must comply with 
applicable special requirements contained in part 265, subparts AA, BB 
and CC \11\.
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    \11\ Similar requirements apply to hazardous waste stored in 
tanks (40 CFR 262.34(a)(1)(ii)), stored on drip pads (40 CFR 
262.34(a)(1)(iii)), and/or placed in containment buildings (40 CFR 
262.34(a)(1)(iv).
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    The preparedness and prevention standards require the generator to 
maintain and operate the storage area so as to minimize the possibility 
of fire, explosion or any unplanned sudden or non-sudden release of the 
hazardous waste (40 CFR 262.34(a)(4) and 265.31); to have, where 
necessary, certain equipment such as communication devices to notify 
facility personnel and local emergency responders of emergencies, fire 
extinguishers and an adequate supply of water or foam (40

[[Page 50293]]

CFR 262.34(a)(4) and 265.32); to routinely test and maintain such 
equipment (40 CFR 262.34(a)(4) and 265.33); to have such equipment 
accessible to facility personnel (40 CFR 262.34(a)(4) and 265.34); to 
have adequate aisle space to allow for access in the case of fire or 
spills (40 CFR 262.34(a)(4) and 265.35); to make arrangements with 
local emergency response authorities (e.g., police, fire and 
hospitals), as necessary, to familiarize them with the hazards posed by 
the hazardous wastes (40 CFR 262.34(a)(4) and 265.37); and to have a 
contingency plan designed to minimize the hazards from the fire, 
explosion or unplanned sudden or non-sudden release of hazardous waste 
(40 CFR 262. 34(a)(4) and 265.51) \12\.
---------------------------------------------------------------------------

    \12\ Small quantity generators are required to implement a 
modified contingency plan, 40 CFR 262.34(d)(5)(i).
---------------------------------------------------------------------------

    The Contingency Plan and Emergency Procedures standards require the 
contingency plan to include: the actions facility personnel would take; 
the arrangements made with local emergency responders; the name, 
address and telephone number of the generator's emergency coordinator; 
a list of the emergency equipment and an evacuation plan, (40 CFR 
262.34(a)(4) and 265.52). The generator must have an emergency 
coordinator available or on call at all times, (40 CFR 262.34(a)(4) and 
265.55). In the case of an imminent or actual emergency, the emergency 
coordinator must undertake certain emergency procedures. Those 
procedures require the emergency coordinator to activate internal 
alarms; notify appropriate state or local emergency responders; assess 
the nature, rate and extent of any release; take actions to ensure the 
releases do not occur, recur or spread; monitor for leaks; provide for 
proper treatment or disposal of the released hazardous wastes; 
segregate incompatible wastes; and notify EPA and the state of the 
emergency, (40 CFR 262.34(a)(4) and 265.56) \13\.
---------------------------------------------------------------------------

    \13\ Small quantity generators accumulating waste must comply 
with the emergency procedures found at 40 CFR 262.34(d)(5)(iv)
---------------------------------------------------------------------------

    The Personnel Training standards require the generator to have 
adequately trained personnel to handle the hazardous wastes, to comply 
with the requirements of RCRA, and to appropriately respond to 
emergencies (Secs. 262.34(a)(4) and 265.16 (a) and (b)). The generator 
must retain records of who has been trained, their job title and job 
description, and a description of the training they have taken 
(Secs. 262.34(a)(4) and 265.16(d)). The generator's hazardous waste 
personnel must annually review their training (Secs. 262.34(a)(4) and 
265.16(c)) \14\.
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    \14\ Small quantity generators must conduct personnel training, 
40 CFR 262.34(d)(5)(iii).
---------------------------------------------------------------------------

    XL Project Requirements. The USFRS XL wastes are contained within 
the resin canisters. These canisters are sealed units. The canisters 
have an inlet and outlet port. These ports may be sealed once the 
canisters are disconnected from the generator's processes. The 
canisters are leak proof, and able to withstand certain temperatures 
and certain height drops.
    The wastes contained in the canisters will consist of the spent 
resins and wastes accumulated on them. The hazardous wastes found on 
the resins will be metals. USFRS does not anticipate the canisters will 
have any volatile chemicals in them. The resins and wastes will be 
neither combustible, reactive nor explosive. They are compatible with 
the cylindrical canisters. The resins are tiny pellets with the metals 
adhering to them via chemical attraction. The metals may not be 
physically capable of separation unless they come into contact with 
acids or caustic chemicals.
    Given the nature of the USFRS XL waste, this XL Project's 
accumulation and storage standards focus on proper training, use and 
management of the containers and prevention of exposure. It imposes 
more stringent use and management standards. In exchange for this 
increased stringency it tailors and reduces the training, preparedness 
and prevention and contingency plan requirements normally found in RCRA 
to just the specific needs presented by handling of the USFRS XL waste.
    The accumulation and storage requirements are contained in proposed 
Sec. 266.308. The proposed rule requires the generator to store its 
USFRS XL waste on an impervious surface. Pursuant to Sec. 266.302(c), 
prior to accepting a customer into this XL Project, USFRS will obtain 
from its customers the waste application form. This form will provide 
information on the location and condition of the proposed storage area. 
This information will be supplied on a site engineering form which 
USFRS developed and submitted as part of the waste application form. 
The generator will indicate on the site engineering form the location 
and construction of the storage area for the canisters. Prior to 
accepting a generator into this XL Project, USFRS will review the site 
engineering form and inspect the potential generator's storage area to 
determine if it is impervious. USFRS will only propose to EPA for this 
XL Project persons who, among other things, have an impervious storage 
area. Upon request, USFRS will provide a copy of the customer's site 
engineering form and the results of USFRS' evaluation of the customer 
to EPA, MPCA and appropriate county agencies.
    The proposed rule limits the generator to less than 90 days for the 
on-site storage of its USFRS XL waste. The generator must store the 
USFRS XL wastes in the water treatment resin canisters and separately 
from its other wastes or materials, including explosive or ignitable 
wastes or materials. The generator will ensure that the canisters are 
closed and disconnected from the process(es). It will place on the 
canisters a label which indicates its name and location, contents of 
the canister and the date the canister was placed in storage. The 
generator will ensure that there is adequate aisle space to determine 
the condition of the canisters and to respond to any leaks from the 
canisters during their storage. The generator will inspect the 
condition of the canisters weekly while they are stored on-site. The 
generator will maintain a log of these inspections. The log will 
indicate the date the canister was placed in storage, the condition of 
the canister, the date of the inspection, the person conducting the 
inspection and the condition of the canisters and the storage area at 
the time of the inspection.
    Pursuant to proposed Sec. 266.313, the generator will retain the 
ability to legally treat or dispose of its wastes contributing to its 
USFRS XL waste stream in the event that it is no longer a participant 
in this XL Project. In most cases this will mean that the generator 
would have to make arrangements with its local POTW whereby the POTW 
would agree to take the generators' wastewater on 60 days notice. The 
POTW serving the Counties of Anoka, Hennepin, Ramsey, Washington, 
Dakota, Carver and Scott, known as the Metropolitan Council of 
Environmental Services (MCES) has advised EPA that it will be able to 
accept the wastewater of those generators who participate in this XL 
Project in its district on 60 days notice.
    Generators will comply with tailored closure requirements of 
proposed Sec. 266.312. If and when a generator's participation is 
terminated in this XL Project, USFRS will pick up all of the 
generator's canisters. Generally, proposed Sec. 266.315 provides USFRS 
and the generator sixty days to complete the closure activities 
required by proposed Sec. 266.312. USFRS will collect the generator's 
USFRS XL waste within thirty days of notice of the customer's

[[Page 50294]]

discontinuance in the program. The generator will remove from the 
storage area any USFRS XL wastes and clean any related contamination. 
The generator will retain records of all activities it has undertaken 
to decontaminate its storage area and equipment.
    Within the same sixty days, the generator will provide USFRS with 
access to visit the generator. The purpose of this access is to allow 
USFRS to determine if all of the USFRS XL waste has been removed. USFRS 
has developed a systems discontinuation form that it will use to 
document its visual observations during this visit. Pursuant to 
proposed Sec. 266.312(b) USFRS will provide a summary of its 
observations at the generator of the condition of the storage area and 
the removal of all USFRS XL Waste. USFRS may use its systems 
discontinuation form. USFRS will provide the summary to the customer to 
EPA, MPCA and appropriate county agencies. Pursuant to Secs. 266.319(d) 
and 266.320 USFRS and the USFRS XL waste generator will maintain 
records of their compliance with the requirements of Sec. 266.312, 
including a copy of the systems discontinuation form or its EPA 
approved equivalent summary.
    Abbreviated closure requirements are specified in proposed 
Sec. 266.314 for those companies who have not generated USFRS XL wastes 
at the time their participation is terminated. All that is required of 
these companies is that notice of their termination is provided and 
that they implement the alternative treatment or disposal required by 
Sec. 266.313. This truncated closure is appropriate for these companies 
(i.e., USFRS XL waste approved customers) because at the time of their 
termination they will not have generated any USFRS XL waste. 
Consequently, the requirements related to decontamination and off-site 
shipment contained in proposed Sec. 266.312 are not appropriate.
    Proposed Sec. 266.308(e) specifies the generators responsibilities 
for spilled or leaked USFRS XL waste on-site. If there is a leak or 
spill of USFRS XL waste in the generator's storage area, then the 
generator will immediately contain and collect the wastes. It is 
anticipated that the spilled or leaked materials may consist of water 
and/or resins. The generator will place spilled or leaked resins in a 
55 gallon steel drum which is compatible with the spilled or leaked 
resins. When allowed by the local POTW, the generator will direct water 
spilled from the canisters to its drainage system for permitted 
discharge to the local POTW, and notify the POTW. Otherwise, the 
generator will place the spilled or leaked water and resin from the 
canister(s) in a steel 55 gallon drum which is compatible with the 
spilled or leaked water and resin. The generator will store and label 
the spilled or leaked USFRS XL wastes in accordance with the 
requirements for USFRS XL wastes. The generator will notify USFRS and 
MPCA of the spill or leak and arrange with USFRS for the transport of 
any such spilled or leaked USFRS XL wastes with the next scheduled 
shipment of USFRS XL wastes.
    This XL Project and the proposed rule do not impose on the 
generator a requirement for an internal communication device. It 
eliminates the need for fire extinguishers, water or foam. It also 
eliminates the written contingency plan and an emergency coordinator at 
the generator. Instead, proposed Sec. 266.308(i) requires the generator 
to have an external communication device, such as a telephone. It also 
requires in proposed Sec. 266.308(a) and (b) that the generator store 
the wastes in a manner which should all but eliminate the potential for 
a release to the environment or an emergency. In particular, it 
requires the generator to segregate the USFRS XL wastes from other 
wastes and to store it on an impervious pad. Proposed Sec. 266.308(d) 
and (e) require the generator to inspect the storage area on a weekly 
basis and to immediately respond to spills or leaks of the USFRS XL 
waste.
    Prior to generating any USFRS XL waste, pursuant to proposed 
Sec. 266.308(h) the generator must designate a contact person 
responsible for handling the USFRS XL wastes and responding to any 
releases of the wastes. It also requires USFRS to provide that person 
with adequate training on how to handle the USFRS XL waste and any 
releases. USFRS is required to provide each company (generators and 
transporters) with adequate training through the use of a training 
module (``USFRS training module''). USFRS may use any recorded 
communication media that it believes is appropriate for the training 
module (e.g., printed brochures, videos, etc.) Pursuant to proposed 
Sec. 266.304 USFRS will submit this module to EPA, MPCA and the 
appropriate county agency early enough such that it may obtain the 
necessary approvals prior to accepting the first shipment of USFRS XL 
waste. Further, pursuant to the proposed rule, the USFRS training 
module will, at a minimum, identify the hazards presented by the USFRS 
XL waste, the steps needed to install and replace the ion exchange 
resin canisters, the requirements imposed by these rules, the 
procedures to follow in the event of a release of the USFRS XL wastes 
and the proper procedures to decontaminate equipment, structures and 
material in the event that the generator no longer participates in the 
XL Project. Prior to approving a person as a participant into the USFRS 
XL Project, USFRS will obtain a signed certification from that person. 
The certification will state that the person has reviewed, viewed or 
read the training materials and agrees to follow it. As part of this 
certification the potential generator will identify the individual 
responsible for its compliance with the conditions of these rules, the 
individual's job title and a description of his or her duties.
    Pursuant to proposed Sec. 266.305, USFRS will provide every 
potential generator with a material safety data sheet (``USFRS MSDS'') 
for the resin contained in the canister. USFRS will provide this at the 
time the company applies to USFRS for participation in this Xl Project. 
The USFRS MSDS will comply with the requirements for MSDS imposed by 
the Occupational Safety and Health Administration (OSHA) ). Pursuant to 
proposed Sec. 266.308(h) the generator will maintain and exhibit in a 
prominent location a copy of the USFRS MSDS on its property and will 
provide a copy of it to local police and fire departments and to the 
local hospital. USFRS will ensure that the MSDS prominently instructs 
individuals in the proper handling and emergency response procedures 
for handling spills or leaks of the USFRS XL wastes at the generator or 
while in transit to USFRS. The USFRS MSDS will also accompany each 
shipment of USFRS XL wastes.
    If an imminent or actual emergency occurs which threatens the 
release of USFRS XL waste at the generator site, then the generator 
will notify the EPA, MPCA, USFRS and the appropriate local emergency 
responders and county agencies. The generator will take actions to 
ensure the releases do not occur, recur or spread; contact USFRS to 
arrange for the transport and disposal of the USFRS XL wastes; and make 
a written recording of the event and its actions in response to such 
event.
6. Reporting and Recordkeeping Requirements
    RCRA Requirements. Generators of hazardous waste must complete and 
submit certain reports and documents. Generally, the RCRA regulations 
require the generator to retain these reports or documents for three 
years. The generator must retain copies of all manifests for three 
years, (40 CFR 262.40). Under federal requirements,

[[Page 50295]]

only large quantity generators must complete and retain copies of a 
biennial report of hazardous waste activity, (40 CFR 262.40(b) and 41). 
In the State of Minnesota, the requirement is for an annual report.
    The annual report generally requires the generator to identify for 
that calendar year the amount and type of hazardous waste that it 
generated and transported off-site. It requires the generator to 
identify the transporters and facilities that it used for its hazardous 
waste transport, treatment and disposal. It also requires the generator 
to identify the efforts it has taken during the year to reduce the 
volume and toxicity of wastes produced. The generator must also keep 
records of all waste analyses or similar determinations of the 
characteristics of its hazardous wastes, (40 CFR 262.40(c)). Generators 
who store hazardous waste on-site in containers, tanks, drip pads, or 
containment buildings must also have a contingency plan on-site and 
provide copies to State and local responders (40 CFR 262.34(a)(4) and 
265.53). They must report to EPA any emergency and retain a copy of 
such reports (40 CFR 262.34(a)(4) and 265.56(j)).
    XL Project Requirements. Proposed Secs. 266.319, 320 and 321 
present the recordkeeping and reporting requirements for USFRS, the 
generators and transporters. Under the proposed rules, the generator 
will not be required to retain copies of the waste analysis or annual 
reports. Instead the burden will shift to USFRS to retain equivalent 
information to that contained within these reports. In particular, 
USFRS will retain for three years a copy of all approval letters to its 
approved customers and generators of USFRS XL wastes; any 
correspondence with its approved customers or generators relevant to 
their participation in this XL Project; a copy of the approved 
customer's and generator's XL Waste application form, site engineering 
form, summary of its generator closure review pursuant to Sec. 266.312; 
waste analysis, and its review analyses of the approved customer's or 
generator's storage area; and the Transportation Tracking Document for 
each shipment of USFRS XL waste.
    Each generator will be required to retain for three years records 
of any spill or emergency notifications and other duties imposed 
pursuant to proposed Sec. 266.308(g); the signed FPA, certification; 
its weekly inspection log required by Sec. 266.308(d); its compliance 
with the training requirements of Sec. 266.308(h); and its records of 
compliance with the decontamination requirements of Sec. 266.312.
    Each transporter will retain for three years a copy of the USFRS XL 
Waste FPA, its certification; a copy of the signed Transportation 
Tracking Document for USFRS XL waste it transported; and its record of 
any notification of spills or leaks of USFRS XL wastes required by 
Sec. 266.311.
    In addition to the records listed above, USFRS will develop and 
submit certain additional reports, lists and documents. Many of these 
reports and documents are in lieu of requiring the same or similar 
information from its customer (e.g., annual reports or contingency 
plan). The reporting requirements are presented in proposed 
Sec. 266.319 according to their frequency: annual reports (proposed 
Sec. 266.319(a)), semi-annual reports (proposed Sec. 266.319(b)) and 
quarterly reports (proposed Sec. 266.319(c)). A summary of each report 
is presented below.
    Quarterly reports are presented in proposed Sec. 266.319(c) and 
consist of status reports on generator and transporter participation in 
the XL Project. Separate lists, with similar information, will be 
reported for each. The generator list is summarized in this paragraph. 
USFRS will identify on the XL participant list information on its 
preliminary evaluation of the transporters and generators, the dates of 
EPA, MPCA and appropriate county approvals, the effective date of a 
company being added to the USFRS XL Project and any termination date. 
For the generators, USFRS will also include a summary of USFRS's 
profile analysis, the generator's process waste streams approved for 
participation in the XL Project and the condition of the customer's 
storage area at the time of its application to USFRS. For generators 
who discontinue participation in this XL Project, USFRS will include on 
the XL generator list the date of the notice of termination of its 
participation, the date USFRS removed the last ion exchange canister, 
and the date of the USFRS review of the generator's decontamination 
efforts. USFRS will update the XL participant list as persons are added 
to or eliminated from this XL Project. USFRS will have the XL generator 
list available for review by EPA or MPCA at its Roseville, Minnesota 
facility. USFRS will send a copy of the XL generator list to EPA, MPCA 
and appropriate county agencies on a quarterly basis.
    The annual report requirements are presented in proposed 
Sec. 266.319(a) and are intended to provide a substitute for the 
hazardous waste biennial report. USFRS will provide an annual report on 
all USFRS XL wastes. USFRS will include in the annual report, at a 
minimum, each USFRS XL waste generator, the quantity of USFRS XL waste 
that USFRS received from each generator during the calendar year and a 
certification by USFRS that those wastes were treated at USFRS in 
accordance with the requirements imposed by new part 266, subpart N. 
USFRS will include information on the amount of metals it reclaimed and 
recycled from the resins.
    USFRS will develop and track certain information that will be used 
to determine the environmental benefits derived from the USFRS XL 
Project. From the generators USFRS will report on an annual basis the 
following information: the amount of water recycled by the generators, 
the pretreatment chemicals and energy the generators did not use as a 
result of participating in this USFRS XL Project, the amount of water 
discharged to the local POTW before and during this project, the amount 
of sludge recovered by USFRS before and during this project, the amount 
of sludge recovered instead of being disposed by a generator (if the 
generator disposed of the sludge prior to participating in this 
project), the quantity of material (ion exchange resins, other 
wastewater treatment sludge, residues) collected from each facility 
(monthly), the frequency of canister replacement in terms of process 
volume, the constituents in the material (ion exchange resins, 
wastewater treatment sludge, residues) collected at each facility 
(e.g., recoverable metals, contaminants/non-recoverable materials), and 
constituents in the material (ion exchange resins, wastewater treatment 
sludge, residues) disposed by each facility (e.g., contaminants/non-
recoverable material).
    USFRS will report on an annual basis the following information from 
its facility: quantity of material (ion exchange resins, wastewater 
treatment sludge, residues) to be processed, quantity of metals 
recovered, the constituents of the recovered material (ion exchange 
resins, wastewater treatment sludge, residues), quantity and 
constituents of the non-recoverable material (ion exchange resins, 
wastewater treatment sludge, residues) and how it was disposed.
    USFRS shall report on an annual basis the following information 
from the metal reclamation facility it uses to recycle sludges: the 
quantity of each metal recovered.
    Pursuant to proposed Sec. 266.319(b), USFRS will collect and report 
on a semi-annual basis financial information related to the costs and 
savings realized

[[Page 50296]]

as a result of implementation of this project and sufficient 
information for EPA to determine the amount of superior environmental 
benefit resulting from this project. Pursuant to proposed 
Sec. 266.319(b)(1), the report will contain information which includes, 
but is not limited to: 1. The volume of waste collected and recycled, 
2. The amount of metals recycled, 3. The volume of recycled material 
sold to others, 4. Data regarding the management of the ion exchange 
canisters, 5. The constituents of the sludge and 6. Information 
regarding how the sludge and residues are managed.
    Additionally, proposed Sec. 266.319(b)(2) requires USFRS to report 
certain financial information related to implementation of this XL 
Project. It specifies that USFRS will collect baseline and XL costs. 
The baseline costs shall be calculated using two scenarios: 1. typical 
charges (prior to the XL Project) for pretreating and disposing 
effluent wastewater under the applicable Clean Water Act requirements 
and the costs for manifesting, transporting and disposing of F006 
sludges; and 2. typical charges that would be incurred if wastes were 
recycled in compliance with RCRA and requirements for manifesting and 
transportation of those hazardous wastes (including tax obligations 
under both scenarios). The XL costs will include the current costs to 
the generator for completing bills of lading, the current 
transportation costs for XL wastes, the generator's cost to install the 
ion exchange canisters, and the cost to USFRS of metals reclamation 
off-site (including costs associated with transportation and disposal). 
USFRS will compare the baseline costs to the XL costs and provide an 
analysis of whether the project is resulting in cost savings for the 
generators and which aspects of the XL Project produce these savings.
7. Additional Requirements Imposed on USFRS
    RCRA Requirements. Companies which treat, store or dispose of 
hazardous waste must comply with a permit issued for such activities. 
The permit will contain the specific requirements which the company 
must meet.
    XL Project Requirements. USFRS has a RCRA permit which allows it to 
receive the USFRS XL wastes. Pursuant to proposed Sec. 266.307 once 
USFRS receives the USFRS XL waste at its Roseville, Minnesota facility, 
the waste will lose its USFRS XL waste designation (XL001) and must be 
handled as a fully regulated hazardous waste (i.e, as F006 and any 
other applicable hazardous waste code designation). USFRS will 
determine the appropriate designation of the waste based on its waste 
profile analysis and knowledge of the waste stream. USFRS will comply 
with all terms and conditions of its RCRA permit for handling these 
hazardous wastes. USFRS will also be responsible for the conditions and 
terms identified in items 1-6 above as applicable to USFRS--e.g., waste 
profiling, use of the Transportation Tracking Document, generator 
annual report, training module, MSDS, discontinuation review of the 
customer, and transportation of waste to the Roseville, Minnesota 
facility. USFRS will arrange for the recycling through metals recovery 
of the metals which are contained in the generator's USFRS XL wastes. 
Pursuant to proposed Sec. 266.307(b) USFRS may not accept any customers 
into this Project unless and until it has arranged for recycling of the 
metals contained in the XL001 wastes it receives. This rule further 
requires USFRS recycle the metals contained in the XL001 waste it 
receives throughout the duration of the XL Project.
    To ensure proper coordination of responses to spills, leaks or 
emergencies of USFRS XL waste at the generator or while in transit, 
proposed Sec. 266.307(c) requires USFRS to have a spill response 
coordinator. This person will receive all calls from generators and 
transporters regarding spills, leaks or emergencies related to the 
USFRS Xl wastes. This person shall also be responsible for coordinating 
the proper response to such spills, leaks or emergencies.

V. How the USFRS XL Project Will Result in Superior Environmental 
Performance

A. What Regulatory Changes Will be Necessary to Implement this Project?

1. Federal Regulatory Changes
    The purpose of today's proposed regulatory changes are to provide 
generators and transporters of USFRS XL waste with alternative 
requirements for the proper handling and transportation of those 
wastes. The USFRS XL wastes are F006 hazardous wastes. Additionally, 
some of this F006 waste may be characterized as characteristically 
hazardous waste (i.e., ``D'' wastes) depending on the concentration of 
the constituents in the waste streams at each individual generator. 
Consequently, the USFRS XL wastes would be subject to the requirements 
of 40 CFR parts 261-265, 268, 270, 273 and 279. However, today's 
proposal would provide the USFRS XL wastes with a separate waste code 
while they are at approved generators and transporters. It also 
proposes to substitute tailored management requirements for the 
approved generators and transporters and USFRS. Consequently, in order 
to implement this regulatory flexibility EPA is proposing to provide a 
``temporary deferral'' from the requirements of 40 CFR parts 261-265, 
268, 270, 273 and 279 for USFRS XL waste while it is at the generator 
and during its transport to USFRS. The generators and transporters 
would have to manage the wastes in accordance with new part 266, 
subpart N in lieu of 40 CFR parts 261-265, 268, 270, 273 and 279. If a 
generator or transporter fails to comply with the new requirements, 
then it will have violated those requirements and may be subject to 
enforcement action for such violations. The deferral is temporary in 
that it is only applicable for the period of time that the waste is at 
the generator or in transport and not when it reaches USFRS. 
Additionally, this deferral expires when the XL Project is terminated. 
This XL Project will last no more than five years from the effective 
date of the new part 266, subpart N.
    Today's proposal would also impose on USFRS additional handling, 
record keeping and reporting requirements for the USFRS XL wastes 
(XL001) it receives from the generators and transporters. These 
requirements complement the regulatory flexibility granted to the 
generators and transporters. These requirements are necessary for the 
successful completion of this XL Project. The new requirements are 
contained in new proposed part 266, subpart N.
    This site-specific rule would add a new paragraph (v) to 40 CFR 
261.6, and new Subpart N to part 266 to clarify that USFRS XL wastes 
(XL001) generated and transported by approved USFRS XL waste generators 
and transporters would be exempt from Sec. 261.5, parts 262-266 (except 
266, subpart N), 268, 270, 273 and 279. Instead these persons would be 
regulated by a new part 266, subpart N.
    New part 266, subpart N would contain the procedures necessary to 
implement this regulatory flexibility and would fully describe the 
requirements imposed on USFRS, and the approved generators and 
transporters as detailed above in sections IV. A & B.
    EPA is proposing to add the following definitions to Sec. 266.301 
to implement this XL Project: County Environmental Agencies or County 
Agencies, USFRS, USFRS XL Waste, USFRS XL Waste Application Form, USFRS 
XL Waste Approved Customer, USFRS XL Waste

[[Page 50297]]

Approved Transporter, USFRS XL Waste Transportation Tracking Document,, 
USFRS XL Waste Final Project Agreement, USFRS XL Waste Generator, USFRS 
Waste Training Module, USFRS XL Waste Material Safety Data Sheet, USFRS 
XL Waste Project or USFRS XL Project, and USFRS XL Waste Transporter.
2. State Regulatory Changes
    The state of Minnesota is authorized under section 3006 of RCRA to 
implement the federal RCRA program. Thus, Minnesota's regulations 
operate in lieu of the federal regulations adopted pursuant to RCRA. 
EPA may directly implement and enforce new federal regulations in an 
authorized state only if those regulations are adopted pursuant to 
EPA's statutory authority granted by the Hazardous and Solid Waste 
Amendments of 1984, (HSWA) . Minnesota's and EPA's regulations require 
companies that treat, store or dispose of hazardous waste to have a 
permit or interim status. If a company has interim status it must 
comply with the requirements of 40 CFR part 265 and Minn. R. 7001.0650 
and Minn. R. 7045.0552 to 7045.0648. If a company has a permit then it 
must comply with the permit. A company with a permit does not have to 
comply with new regulatory requirements (with certain exceptions) until 
such time that the permit is modified to incorporate those new 
requirements. 40 CFR 270.4. Minnesota has a similar provision, Minn. R. 
7001.0150, subp. 2.P.
    Minnesota's hazardous waste management regulations, codified in 
Minn. R. Chs. 7001 and 7045 contain equivalent or more stringent, 
requirements as compared to the Federal regulations at 40 CFR parts 
260-266, 268, 270, 273 and 279 for hazardous waste. None of the 
regulations proposed with today's proposal are promulgated pursuant to 
EPA's HSWA authority. Consequently, the approved generators, 
transporters and USFRS are subject to the Minnesota state regulations 
until such time as these new regulations are adopted by the state of 
Minnesota or an equivalent state legal mechanism is used. Therefore, 
conforming state regulatory changes or legal mechanisms must be 
implemented in addition to the proposed federal changes for companies 
to enter into this XL Project. Section F below describes the changes 
that may be necessary and the options available to Minnesota to 
implement the flexibility provided by the proposed federal rules.

B. Why is EPA Supporting this New Approach to USFRS XL Waste 
Management?

    EPA is supporting this new approach because it believes that it 
will provide superior environmental performance by promoting recycling 
of water and recovery and reuse of metals that would otherwise be land 
disposed. USFRS and its customers will be complying with requirements 
that are as protective of public health and the environment as the RCRA 
requirements that would otherwise be applicable. EPA also believes that 
implementation of this project will result in a significant cost 
savings to the participating customers (see section D below). The 
success of this project will be evaluated on an ongoing basis and will 
determine whether this new approach to waste management should be 
extended to other areas of the country.

C. How Have Various Stakeholders Been Involved in this Project?

    Stakeholder involvement is essential for the success of this 
innovative environmental program. Nine public meetings were held to 
inform the general public and environmental groups about the project 
and to invite their comments and participation. Additional public 
meetings may be held during implementation of the FPA based on public 
interest or as decided by direct participants. Stakeholder input and 
community goals have been and will continue to be considered throughout 
project implementation. USFRS shall report on a quarterly basis efforts 
to maintain stakeholder involvement and public access to information in 
accordance with the requirements of the new subpart N.

D. How Will this Project Result in Cost Savings and Paperwork 
Reduction?

    EPA believes that this project has the potential for cost savings 
by making recycling of water and waste more cost competitive with 
traditional treatment/disposal options. Costs savings may include those 
associated with: purchase of additional potable water for single use; 
capital and operating costs to treat mildly contaminated waste waters 
so that they meet pretreatment standards prior to discharge; discharge 
fees associates with wastewater discharge (including permits, 
monitoring and sewer access charges); transport and disposal of 
hazardous waste sludges; and taxes paid to local authorities.\15\ A 
cost comparison will be conducted during project implementation to 
evaluate the cost savings. EPA believes that the paperwork burden for 
the generator will be reduced as compared to current RCRA requirements. 
USFRS will be required to retain and submit certain reports which RCRA 
would normally require of its customers, and report ongoing 
environmental performance and success in meeting its targets. For 
further information about the impacts of this rule on paperwork 
reduction, please see section VI.D.
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    \15\ The counties each will decide whether to exempt the XL 001 
waste from normal hazardous waste taxation.
---------------------------------------------------------------------------

E. How Will EPA Ensure the Integrity of this XL Project?

    EPA will ensure the integrity of this project through the 
regulations that it is proposing today, its prior approval of the 
generators and transporters, its normal enforcement and oversight 
authority and coordination and cooperation with the state of Minnesota 
and appropriate county agencies.
    The rules proposed today will be the primary vehicle EPA will use 
to ensure that USFRS and all generators or transporters of USFRS XL 
waste handle the USFRS XL wastes in a manner which is acceptable to 
EPA. According to the proposed rules, USFRS XL wastes may only be sent 
to USFRS' Roseville, Minnesota facility. That facility has a RCRA 
permit and must comply with the proposed rules. The proposed rules 
require USFRS to conduct a preliminary evaluation of any generator or 
transporter that it proposes to add to this XL Project. The rules 
specify the conditions and elements for such preliminary evaluations. 
For generators these requirements include appropriate training in 
handling the USFRS XL wastes, proper identification of their processes 
and an appropriately designed storage area. For the transporters these 
requirements include a satisfactory safety rating from the USDOT and 
training on the proper handling of the USFRS XL wastes. Once this pre-
screening is completed, final approval is subject to EPA, MPCA and 
appropriate county agency oversight.

F. How Will the Terms of the USFRS XL Project and Proposed Rule be 
Enforced?

    All XL projects must include a legally enforceable mechanism to 
ensure accountability and superior environmental performance. EPA 
retains its full range of enforcement options under the proposed rule. 
Thus, once there is a federally enforceable mechanism in place, if EPA 
determines that a company is not in compliance with it then EPA and, 
under certain conditions, private citizens may take enforcement action 
against that company and may terminate that

[[Page 50298]]

person's continued participation in the project (section 3005(d), 
3006(d) and 3008(a) of RCRA). In the event EPA terminates a person's 
continued participation in this XL Project, EPA will use the criteria 
and procedures identified in the proposed rules, not those contained in 
Minnesota's rules or statutes. (See proposed Sec. 266.314-318). The 
enforcement response on the part of EPA would vary depending upon the 
actual performance of each generator, transporter and USFRS, the 
mechanism the State uses to implement this XL Project and the severity 
of any violation.
    EPA will enforce the existing Minnesota hazardous waste management 
regulations which are part of the Minnesota authorized hazardous waste 
program. The flexibility proposed in the proposed regulations will not 
be available to USFRS, its generators and transporters until EPA 
promulgates these regulations and the State of Minnesota adopts 
equivalent flexibility which is federally applicable and enforceable. 
The instrument selected for the State's implementation of this XL 
Project must be one that is clearly federally enforceable.
    Once all of the required federal and state legal authorities are in 
place, EPA will retain a role in evaluating this XL Project and each 
generator and transporter. EPA will evaluate each generator and 
transporter prior to it being accepted into the program. Additionally, 
once this XL Project is effective EPA may routinely inspect any of the 
participants to determine their compliance. If EPA determines that a 
participant has violated a particular provision of the proposed rules, 
then that participant may be subject to civil or criminal penalties 
pursuant to section 3008 of RCRA.
    Today's proposed rule includes a termination provisions in 
Sec. 266.314-318. EPA will use the termination provisions of today's 
rules independent of any contained within the Minnesota rules. Today's 
proposed rules recognize that a company may terminate its participation 
in the USFRS XL Project voluntarily and at any time; even before 
generating or transporting USFRS XL waste. Additionally, a company may 
be automatically terminated upon a change in ownership or at the 
conclusion of this Project. EPA, MPCA or the appropriate county agency 
may terminate a company's participation as a result of violations of 
the regulations. In the case of EPA initiated termination the rules 
provide the company with notice and an opportunity to correct any 
violations. This opportunity to correct the violation does not 
compromise EPA's authority to initiate an enforcement action against 
the company for the non-compliance.
    The proposed rule provides the federal procedures and time frame 
for termination of a company's continued participation in the USFRS XL 
Project. MPCA or the County Agencies may have their own procedures for 
terminating the participation of a person from their version of this 
federal USFRS XL Project. EPA is not bound by and will not follow those 
State or County procedures to terminate a person's continued 
participation in this USFRS XL Project. State or local procedures may 
be different but are expected to be equivalent in terms of the criteria 
and notice provisions.
    In the event of a termination, the participant must remove the 
USFRS XL waste, take appropriate steps to decontaminate and return to 
compliance with RCRA.\16\ The participants are provided with time to 
take these steps if the termination is the result of a change in 
ownership or a termination by EPA , MPCA or the appropriate county 
agency. USFRS XL waste transporters will have 30 days after receipt of 
EPA's notice of termination or a change in ownership to complete the 
termination procedures required by the proposed rules and return to 
compliance with RCRA. USFRS XL waste generators will have 60 days and 
USFRS will have 120 days. During the 30, 60 and 120 transition periods, 
the provisions of proposed subpart N would continue to apply in full. 
At the conclusion of the transition periods, the applicable RCRA 
regulations would again apply to the participant.
---------------------------------------------------------------------------

    \16\ If a generator or transporter elects to terminate its 
participation prior to ever generating or transporting USFRS XL 
waste the rules provide a truncated termination procedure. This 
procedure does not require removal or decontamination of USFRS XL 
waste since none have been generated or transported. It also 
provides for a shorter time for notice to EPA, MPCA and the 
appropriate county agencies. (See proposed Secs. 266.314 and 
266.316).
---------------------------------------------------------------------------

    The rationale for the transition period is to allow sufficient time 
for the participant to reinstate the operational and administrative 
infrastructure necessary for proper RCRA compliance. EPA selected 
different time frames for the transporters, generators and USFRS based 
on the complexity of the activities they may have to engage in to 
return to compliance with RCRA.
    USFRS XL waste transporters should be able to return to compliance 
with RCRA earlier since their obligations are expressed in terms of 
transportation of the USFRS XL waste. Since transportation of those 
wastes would normally be required within 30 days of receipt of the 
shipment, the USFRS XL waste transporter should be able to ship any 
loads in its possession within the 30-day transition period.
    USFRS XL waste generators need a longer transition time since they 
will have to remove the USFRS XL waste on-site, decontaminate any 
storage area and may need to make process changes. USFRS XL waste 
generators may also have to (1) make new hazardous waste 
determinations, (2) re-train facility personnel, (3) obtain the 
necessary state and local approvals for any changes in its waste water 
discharge to the POTW, or ensure a suitable alternative which complies 
with environmental statutes and regulations, (4) establish systems for 
proper record keeping and reporting, (5) obtain an EPA identification 
number, and (6) acquire funding and resources which were unnecessary 
under the XL Project (e.g., additional funding might be needed for the 
re-negotiation of contract terms with hazardous waste contractors who 
might be needed for additional hazardous waste pick-ups).
    In the case of USFRS, a longer transition time is provided since 
its termination will effectively terminate the participation of all of 
the XL Project generators and transporters. All of the activities 
identified above for the USFRS XL waste generators and transporters 
will have to be undertaken as well as USFRS's closure of the project. 
Thus a longer period of time is necessary. EPA believes that 120 days 
is a reasonable time period. For the reasons presented in the preceding 
paragraphs and since the proposed rule would be fully applicable during 
any transition period, EPA is confident that the 30/60/120-day time 
frames are protective of human health and the environment.

G. How Long Will this Project Last and When Will it be Completed?

    As with all XL projects testing alternative environmental 
protection strategies, the term of this XL Project is one of limited 
duration. Today's proposed rule would set the term of the XL Project at 
five years after the effective date of this rule.
    Because Project XL is a voluntary and experimental program, today's 
proposed rule contains provisions that allow the project to conclude 
prior to the end of the five years in the event that it is desirable or 
necessary to do so. For example, an early conclusion would be warranted 
if the project's environmental benefits do not meet the Project XL 
requirement for the achievement of superior environmental results. In 
addition, new laws or regulations may become applicable to the wastes 
during the project term which might render the

[[Page 50299]]

project impractical, or might contain regulatory requirements that 
supersede the superior environmental benefits that are being achieved 
under this XL Project. Similarly, the participants may also ask to 
discontinue participation in this XL Project prior to the five years if 
the experimental project does not provide sufficient benefits for them 
to justify continued participation.
    If an early conclusion to the project is determined to be 
appropriate, today's rule provides a mechanism for EPA to legally 
conclude the project prior to the five years. A notice of termination 
will trigger a transition period described above in section F of this 
preamble. While EPA, the state and county environmental agencies and 
the participants have broad discretion and latitude to initiate an 
early conclusion of the project, all are expected to exercise their 
good faith and judgment in determining whether exercising this option 
is appropriate.
    EPA reserves the discretion to terminate a project and the FPA in 
the event a participant fails to comply with or meet its obligations in 
the proposed rule, or its supplementary commitments contained in the 
FPA. The FPA and the proposed rule also provide for the participant's 
return to compliance with existing RCRA regulatory requirements 
following termination.

VI. Additional Information

A. How to Request a Public Hearing

    A public hearing will be held, if requested, to provide opportunity 
for interested persons to make oral presentations regarding this 
regulation in accordance with 40 CFR part 25. Persons wishing to make 
an oral presentation on the site specific rule to implement the U.S. 
Filter XL Project should contact Mr. Robert Egan of the Region 5 EPA 
office, at the address given in the ADDRESSES section of this document. 
Any member of the public may file a written statement before the 
hearing, or after the hearing, to be received by EPA no later than 
August 24, 2000. Written statements should be sent to EPA at the 
address given in the ADDRESSES section of this document. If a public 
hearing is held, a verbatim transcript of the hearing, and written 
statements provided at the hearing will be available for inspection and 
copying during normal business hours at the EPA addresses for docket 
inspection given in the ADDRESSES section of this preamble.

B. How Does this Rule Comply with Executive Order 12866?

    Because this rules affects only U.S. Filter, its transporters and 
its customers, it is not a rule of general applicability. It is 
therefore, not subject to OMB review and Executive Order 12866. In 
addition, OMB has agreed that review of site-specific rules under 
Project XL is not necessary. Further, under Executive Order 12866, the 
Agency first must determine whether the regulatory action is 
``significant'' and therefore subject to Office of Management and 
Budget (OMB) review and the requirements of the Executive Order. The 
Order defines ``significant regulatory action'' as 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 in 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 entitlement, grants, user 
fees, or loan programs of 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 
the Executive Order.
    Because the annualized cost of this proposed rule would be 
significantly less than $100 million and would not meet any of the 
other criteria specified in the Executive Order and because this 
proposed rule affects only USFRS and its transporters and generators, 
it is not a rule of general applicability or a ``significant regulatory 
action'' and therefore not subject to OMB review. Further today's 
proposed rule does not apply to any entity unless they choose on a 
voluntary basis to participate in this XL Project. Finally, OMB has 
agreed that review of site specific rules under Project XL is not 
necessary.
    Executive Order 12866 also encourages agencies to provide a 
meaningful public comment period, and suggests that in most cases the 
comment period should be 60 days. However, in consideration of the very 
limited scope of today's rulemaking and the considerable public 
involvement in the development of the draft FPA, the EPA considers 30 
days to be sufficient in providing a meaningful public comment period 
for today's action.

C. Is a Regulatory Flexibility Analysis Required?

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et. seq. generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Under section 605(b) of the RFA, however, if the head of an agency 
certifies that a rule will not have a significant economic impact on a 
substantial number of small entities, the statute does not require the 
agency to prepare a regulatory flexibility analysis. Pursuant to 
section 605(b), the Administrator certifies that this proposal, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities for the reasons explained below. 
Consequently, EPA has not prepared a regulatory flexibility analysis.
    Small entities include small businesses, small organizations and 
small governmental jurisdictions. For purposes of assessing the impacts 
of today's proposed rule on small entities, small entity is defined as 
: (1) a small business according to RFA default definitions for small 
business (based on SBA size standards); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    Today's rule amends EPA's RCRA Regulations to modify the handling 
and reporting requirements for certain hazardous waste generators and 
transporters, as well as for USFRS. USFRS is not a small entity. The 
modifications authorized by the rule would reduce costs to the 
generators to whom it applies and those modifications should have no 
impact on costs to the transporters. EPA has concluded, therefore, that 
the rule will not have a significant economic impact on a substantial 
number of small entities.

D. Is an Information Collection Request Required for this Project Under 
the Paperwork Reduction Act?

    The information collection requirements in this proposed rule have 
been submitted for approval to the

[[Page 50300]]

Office of Management and Budget (OMB) under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. An Information Collection Request (ICR) 
document has been prepared by EPA (ICR No. 1755.04, OMB Control No. 
2010-0026) and a copy may be obtained from Sandy Farmer by mail at OP 
Regulatory Information Division; U.S. Environmental Protection Agency 
(2137); 1200 Pennsylvania Avenue, N.W.; Washington, D.C. 20460, by e-
mail at farmer.sandy.epa.gov, or by calling (202) 260-2740. A copy also 
may be downloaded off the internet at http://www.epa.gov/icr. EPA is 
requiring that information be collected regarding which generators and 
transporters are eligible for regulatory flexibility under the USFRS XL 
Project. Information is also needed in order to keep generators, 
transporters, USFRS, and emergency response teams abreast of XL 001 
waste, its contents, and when it is shipped and received. Finally 
information is needed to determine whether the project produces 
superior economic and environmental benefits. The success of the 
project will help determine whether it should be extended to other 
areas of the country. Participation in the project is voluntary; 
however, if a generator or transporter decides to participate, EPA 
requires the filing of this information. Quarterly reports will be 
publicly available. The estimated total cost burden of collecting the 
information is $224,940/year and the estimated total length of time to 
collect it is 3906 hours/year. The estimated total number of 
respondents is 90. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, or disclose or 
provide information to or for a Federal Agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations are 
listed in 40 CFR part 9 and 48 CFR Chapter 15. EPA will amend the 
various regulations to list the information requirements, if any, 
contained in the final rule. Comments are requested on the Agency's 
need for this information, the accuracy of the provided burden 
estimates, and any suggested methods for minimizing respondent burden, 
including through the use of automated collection techniques. Send 
comments on the ICR to the Director, OP Regulatory Division; U.S. 
Environmental Protection Agency (2137); 1200 Pennsylvania Avenue, N.W.; 
Washington, D.C. 20460; and to the Office of Information and Regulatory 
Affairs. Office of Management and Budget, 725 17th St., N.W., 
Washington, D.C. 20503, marked ``Attention: Desk Officer for EPA.'' 
Include the ICR number in any correspondence. Since OMB is required to 
make a decision concerning the ICR between 30 and 60 days after August 
17, 2000, a comment to OMB is best assured of having its full effect if 
OMB receives it by September 18, 2000. The final rule will respond to 
any OMB or public comments on the information collection requirements 
contained in this proposal.

E. Does This Project Trigger the Requirements of the 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 why the 
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.
    As noted above, this proposed rule is limited to USFRS and certain 
of its customers and transporters. This proposed rule would create no 
federal mandate because it is a voluntary program proposed by USFRS. 
Further, EPA is imposing no enforceable duties that are anticipated to 
be more expensive or more onerous for the parties that would exist 
without this proposed rule. The rule does not change the authorization 
status of the State. Since the proposed rule is a relaxation of the 
federal regulatory program, it will not take effect until the State 
adopts the rule. The State is under no federal obligation to adopt less 
stringent requirements. EPA has also determined that this proposed rule 
does not contain a Federal mandate that may result in expenditures of 
$100 million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any one year. Thus, today's 
proposed rule is not subject to the requirements of sections 202 and 
205 of the UMRA. EPA has also determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. Nevertheless, in developing this proposed rule, EPA 
worked closely with MPCA, Ramsey, Hennepin, Anoka, Dakota, Carver, 
Scott and Washington Counties and received meaningful and timely input 
in the development of this proposed rule.

F. Applicability of Proposed Subpart N under the Minnesota RCRA 
Authorized Hazardous Waste Program

1. Applicability of Rules in Authorized States
    Under section 3006 of RCRA, EPA may authorize qualified States to 
administer the RCRA hazardous waste program within the State. See 40 
CFR part 271 for the standards and requirements for authorization. 
Following authorization, the State requirements authorized by EPA apply 
in lieu of equivalent Federal requirements and become Federally 
enforceable as requirements of RCRA. EPA maintains independent 
authority to bring enforcement actions for violations of the authorized 
requirements under RCRA sections 3007, 3008, 3013, and

[[Page 50301]]

7003. Authorized States also have independent authority to bring 
enforcement actions under State law. Additionally, citizens are 
provided with the opportunity to commence a civil action under section 
7002 of RCRA for violations of the authorized program.
    After a State receives initial authorization, new Federal 
requirements promulgated under RCRA authority existing prior to the 
1984 Hazardous and Solid Waste Amendments (HSWA) do not apply in that 
State until the State adopts and receives authorization for equivalent 
State requirements. Until these actions are completed, the State 
requirements which EPA previously authorized are the federally 
enforceable rules that apply pursuant to RCRA. The State must adopt any 
new more stringent Federal requirements to maintain authorization.
    In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), new 
Federal requirements and prohibitions imposed pursuant to HSWA, 
provisions take effect in authorized States at the same time that they 
take effect in unauthorized States. Although authorized States are 
still required to update their hazardous waste programs to remain 
equivalent to the Federal program, EPA carries out HSWA requirements 
and prohibitions in authorized States, including the issuance of new 
permits implementing those requirements, until EPA authorizes the State 
to do so.
2. Effect on Minnesota Authorization
    Today's proposed rules, if finalized, would be promulgated pursuant 
to EPA's non-HSWA authority, rather than its HSWA authority. Minnesota 
has received authority to administer most of the RCRA program; thus, 
authorized provisions of its hazardous waste program are administered 
and enforced in lieu of the federal program equivalent. Minnesota has 
received authority to administer hazardous waste standards for 
generators, transporters and facilities that treat, store or dispose of 
hazardous waste. As a result of this authorization, the substantive 
requirements contained in today's proposed rules, if finalized, will 
not be effective in Minnesota until the State adopts equivalent legal 
mechanisms or requirements as state law that are authorized by EPA.
    It is EPA's understanding that subsequent to the promulgation of 
this rule, Minnesota intends to propose rules or other legal mechanisms 
containing requirements equivalent to those imposed by new part 266, 
subpart N. Minnesota may accomplish this through a number of 
mechanisms. One mechanism is for Minnesota to revise its existing 
hazardous waste rules to mirror the changes contained in today's 
proposed rules. If Minnesota revises its rules in this manner then it 
will have to submit them to EPA for review and approval as part of the 
authorized state program. Until such time, EPA and citizens may enforce 
the previously authorized state rules, which do not provide the 
flexibility afforded by today's proposed rule.
    Minnesota also may choose to rely on its existing statutory and 
regulatory authority under RCRA to issue a variance to individual or 
categories of companies covered by today's proposed rules. To the 
extent that MPCA relies on existing statutory and regulatory authority 
which is part of the authorized state hazardous waste program, then 
further federal review and authorization would not be necessary.
    Through its existing hazardous waste management statutes and 
regulations--Minn. Stat. section 116.07, subd. 5 and chapter 7045 of 
Minnesota Rules (Minn. R. ch. 7045), the MPCA has specific authority to 
provide regulatory flexibility through the inclusion of variances in 
state-issued RCRA permits. Minn. R. 7045.0060 sets out the procedural 
and substantive requirements for issuance of a variance. It allows a 
variance from any requirement of the hazardous waste rules--including 
Minnesota's regulation of the generators, transporters and facilities. 
However, this authority is limited in a manner such that Minnesota may 
not grant a variance which would result in noncompliance with the 
federal hazardous waste regulations.
    Any appropriate variance validly issued pursuant to the state's 
authorized RCRA program would be immediately applicable pursuant to 
RCRA and therefore federally enforceable. In order for such a variance 
to be immediately federally enforceable, thus replacing the current 
authorized requirements, it would have to meet the substantive criteria 
of Minn. R. 7045.0060 (i.e., not result in noncompliance with the EPA 
regulations); in this case, that would mean that the variance would 
have to incorporate all of the conditions which are the same as those 
identified in new part 266, subpart N.
    Another mechanism that Minnesota has indicated it might use to 
implement new part 266, subpart N is the Minnesota Environmental 
Regulatory Innovations Act, also known as the Minnesota XL statute (MS 
114C). The Minnesota XL statute is not part of the authorized state 
hazardous waste management program, and without itself being federally 
approved cannot legally change or vary any requirement of the state's 
federally-approved RCRA program, nor would it have any legal effect on 
the applicable RCRA requirements and the federal or citizen suit 
enforcement authorities provided under RCRA. As such, it would not 
affect the enforceability of the requirements of today's proposed XL 
rule or the state-issued variance, as described in the previous 
paragraph.
    The Minnesota XL statute allows the MPCA to issue XL permits which 
may vary the substantive requirements of state rules and local 
ordinance as a method of implementing XL projects. It also allows the 
State to substitute the specific public participation requirements of 
the XL statute for those detailed in MPCA permit rules. The statute 
identifies procedural elements which include a draft permit, public 
noticing of the draft permit, a public comment period and an 
opportunity for a hearing prior to issuance of a final permit. Once a 
permit is issued it may be revoked, after notice and an opportunity to 
request a hearing, and for specific reasons, including significant non-
compliance with the permit.
    Minnesota has indicated that it could, under its XL statute, issue 
a general permit to the category of generators covered by today's rule 
and a specific permit to USFRS. As specific generators are approved 
MPCA believes that it could add them to the general permit. Minnesota 
believes that the conditions imposed upon the generators and USFRS 
could be the same as those imposed by new part 266, subpart N. These 
state law XL permits would not be federally enforceable, and thus would 
have no legal effect on the federal applicability and enforceability of 
the current federally authorized rules, today's proposed rule (if 
finalized) or the variance issued by the state pursuant to its 
authorized regulations, until the State receives authorization for the 
changes. After authorization by EPA, these State XL permits would be 
federally enforceable.
    Whatever instrument the State selects to implement the federal XL 
project it must be one that is clearly federally enforceable.

G. How Does this Rule Comply with 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

[[Page 50302]]

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.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This proposed 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. The proposed rule has no identifiable direct impact upon the 
health and/or safety risks to children and adoption of the proposed 
regulatory changes would not disproportionately affect children. 
Finally, all XL projects must demonstrate superior environmental 
performance. Therefore, EPA anticipates that the proposed rulemaking 
will benefit all people, including children. The proposed rulemaking is 
thus in compliance with the intent and requirements of the Executive 
Order.

H. How Does this Rule Comply with Executive Order 13132 on Federalism?

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255), 
August 10, 1999), requires EPA to develop an accountable process to 
ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' is 
defined in the Executive Order to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This proposed rule does not have federalism implications. It will 
not have substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The requirements outlined in 
today's proposed rule would apply only to the USFRS facility and 
generators and transporters of USFRS XL waste and will not take effect 
unless Minnesota chooses to adopt equivalent legal mechanisms or 
requirements under state law. Thus, the requirements of Section 6 of 
the Executive Order do not apply to this rule. Although Section 6 of 
Executive Order 13132 does not apply to this rule, EPA did fully 
coordinate and consult with State and local officials in developing 
this rule.

I. How Does this Rule Comply with 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, 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 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 proposed rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. EPA anticipates that the generators who will take 
advantage of this rulemaking will be in Ramsey and Hennepin Counties. 
There are no communities of Indian tribal governments located in the 
vicinity of Ramsey and Hennepin Counties. Further, as stated above, all 
XL projects must demonstrate superior environmental performance. 
Therefore, EPA anticipates that the proposed rulemaking will benefit 
all people, including any Indian Tribal communities. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

J. Does this Rule Comply with the National Technology Transfer and 
Advancement Act?

    Section 12(d) of NTTAA, Public Law 104-113, section 12(d) (15 
U.S.C. 272 note) 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 EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary standards. This proposed 
rulemaking sets alternative handling and paperwork requirements for 
certain hazardous wastes; it does not set technical standards. EPA is 
not considering the use of any voluntary consensus standards.

List of Subjects

40 CFR Part 261

    Environmental Protection, Hazardous Waste, Recycling, Reporting and 
Recordkeeping Requirements.

40 CFR Part 266

    Environmental Protection, Hazardous Waste, Recycling, Reporting and 
Recordkeeping Requirements.

    Dated: August 4, 2000.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, parts 261 and 266 of 
Chapter I of title 40 of the Code of Federal Regulations are proposed 
to be 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, 6924(y) and 
6938.

Subpart A--General

    2. Section 261.6 is amended by revising paragraph (a)(2) 
introductory

[[Page 50303]]

text and by adding paragraph (a)(2)(v) to read as follows:


Sec. 261.6  Requirements for recyclable materials

    (a) * * *
    (2) The following recyclable materials are not subject to the 
requirements of this section but are regulated under subparts C through 
N of part 266 of this chapter and all applicable provisions in parts 
270 and 124 of this chapter:
* * * * *
    (v) U.S.Filter Recovery Services XL waste (subpart N).
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

    1. The authority citation for part 266 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922-6925, 6934 and 6937.
    2. Part 266 is amended by adding a new subpart N to read as 
follows:

Subpart N--Standards applicable to U.S. Filter Recovery Services XL 
waste and U.S.Filter Recovery Services, Inc.


Sec. 266.300  Purpose, scope, and applicability.

    The purpose of this subpart is to implement the U.S. Filter 
Recovery Services (USFRS) eXcellence in Leadership (XL) Project. Any 
person who is a USFRS XL waste generator or transporter must handle the 
USFRS XL waste in accordance with the requirements contained within 
this subpart. The standards and requirements of this subpart also apply 
to USFRS and its facility located at 2430 Rose Place, Roseville, 
Minnesota. These requirements are imposed on USFRS in addition to any 
requirements contained in its RCRA hazardous waste permit or other 
applicable state or federal law. USFRS XL waste generators and 
transporters are not required to comply with the requirements of 40 CFR 
261.5, parts 262 through 266 (except this subpart N), parts 268, 270, 
273 and 279 provided they manage USFRS XL waste in compliance with the 
requirements of this subpart N.


Sec. 266.301  Definitions.

    County Environmental Agencies or County Agencies means the counties 
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington in 
Minnesota.
    USFRS means U.S. Filter Recovery Services, Inc. whose principal 
place of business for the purposes of these rules is 2430 Rose Place, 
Roseville, Minnesota.
    USFRS XL Waste means one or more USFRS used water treatment resin 
canisters and their contents from a USFRS XL waste generator located 
within the State of Minnesota. USFRS XL waste includes the ion exchange 
resins, the wastes contained on or within the ion exchange resins and 
any other wastes contained within the water treatment resin canisters. 
USFRS XL waste also includes spills of XL waste which are handled in 
accordance with the requirements in this subpart. USFRS XL waste is 
limited to wastes which are derived from processes subject to the EPA 
F006 waste code designation (i.e. waste water treatment sludges from 
specified electroplating operations). These wastes may also exhibit a 
characteristic of hazardous waste as a result of the operations of a 
particular company. This definition includes only those ion exchange 
resin canisters which result in reuse of substantially all of the 
treated waste waters in the industrial process. This definition does 
not include those ion exchange resins canisters which result in the 
disposal of the treated waste waters, without any reuse of the treated 
waste waters in the industrial process. This definition does not 
include wastes that were generated prior to the date a generator is 
added to this USFRS XL Project. USFRS XL waste shall be identified by 
the waste code XL001.
    USFRS XL Waste Application Form means the form approved by EPA and 
Minnesota Pollution Control Agency (MPCA) as part of the USFRS XL Waste 
Project or subsequently modified by USFRS and approved by EPA and MPCA 
and used for characterization of the chemical constituents of a 
person's USFRS XL waste. The USFRS XL Waste Application Form shall 
include all attachments by USFRS or the applicant, including but not 
limited to, the USFRS Site Engineering Form, Systems Engineering Form 
and any waste analysis.
    USFRS XL Waste Approved Customer means only those persons located 
in Minnesota who have properly identified their wastes and processes on 
the USFRS XL waste application form; have not been excluded by EPA, 
MPCA or the County Agencies from participation in the USFRS XL waste 
project; have signed the USFRS XL waste Final Project Agreement (FPA); 
have certified that they have read and understand the USFRS XL waste 
training module; and have not generated USFRS XL wastes.
    USFRS XL waste approved transporter means a transporter located 
within the State of Minnesota who has a satisfactory safety rating from 
the United States Department of Transportation (USDOT) in the last 
year; has not been excluded by EPA, MPCA or the County Agencies from 
participation in the USFRS XL waste project; has signed the USFRS XL 
waste FPA; and has signed a certification that it has been trained by 
USFRS on the proper handling of USFRS XL wastes and understands its 
responsibilities under this subpart.
    USFRS XL Waste Facility or USFRS Facility means the U.S.Filter 
Recovery Service, Inc. operations located at 2430 Rose Place, 
Roseville, Minnesota.
    USFRS XL Waste Final Project Agreement (FPA) means the agreement 
signed by USFRS, EPA, MPCA, the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott and Washington in Minnesota, Pioneer Transport 
and USFRS XL waste customers, generators and transporters. The FPA may 
be modified to add or delete participants, subject to the approval of 
EPA and MPCA.
    USFRS XL Waste Generator means a USFRS XL waste approved customer 
who generates or generated USFRS XL waste.
    USFRS XL Waste Project, USFRS XL Project or XL Project means the 
program identified in the Final Project Agreement and this part for the 
generation, transportation and subsequent treatment, storage and 
disposal of USFRS XL waste.
    USFRS XL waste training module means the recorded training program 
approved by EPA and MPCA as part of the USFRS XL Waste Project or 
subsequently modified by USFRS and approved by EPA and MPCA and 
developed by USFRS for the purpose of informing USFRS XL waste approved 
customers, generators and transporters of the special requirements 
imposed on them by this part and the proper method of handling USFRS XL 
wastes.
    USFRS XL Waste Transportation Tracking Document means the 
Transportation Tracking Document developed by USFRS which was approved 
by EPA and the MPCA as part of the USFRS XL Waste Project or 
subsequently modified by USFRS and approved by EPA and MPCA; and used 
when USFRS XL waste is transported off-site from a generator.
    USFRS XL Waste Transporter means USFRS or a USFRS XL waste approved 
transporter who transports USFRS XL waste.


Sec. 266. 302  Procedures for adding persons as generators to EPA's 
USFRS XL Project.

    (a) Any person who wishes to participate in the USFRS XL Project as

[[Page 50304]]

a generator must obtain the approval of the EPA and the Minnesota 
Pollution Control Agency (MPCA). The approval of the County Agency is 
also required if that person will generate USFRS XL waste at a location 
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or 
Washington, Minnesota. The procedures identified in this subpart are to 
be followed to obtain EPA approval to add a person to the federal USFRS 
XL Project. USFRS and a proposed generator must also comply with the 
procedures identified by the MPCA, and appropriate County Agencies. A 
person may not be added to the federal USFRS XL Project unless it has 
the approval of EPA, MPCA and as appropriate the County Agencies.
    (b) USFRS is the only entity which may propose to add a person as a 
generator to the USFRS XL Project. USFRS may propose to EPA to add 
persons to the USFRS XL Project at any time provided, USFRS complies 
with the requirements of this section. Prior to being considered a 
USFRS XL waste generator, a person must first be approved as a USFRS XL 
waste approved customer. Only a USFRS XL waste approved customer may 
become a USFRS XL waste generator. A person becomes a USFRS XL waste 
generator after it first generates or causes USFRS XL waste to be 
regulated.
    (c) USFRS will conduct a preliminary evaluation of any person it 
wishes to propose to EPA to add to the USFRS XL Project as a generator. 
USFRS will complete this preliminary evaluation prior to proposing to 
EPA to add such a person to the USFRS XL Project. The preliminary 
evaluation will consist of the following activities: USFRS will require 
any person who wishes to become a USFRS XL waste generator to complete 
and sign the USFRS XL Waste Application Form; USFRS will complete the 
waste characterization required by 40 CFR 266.306(b); USFRS will 
evaluate the person's storage area for the USFRS XL waste to determine 
whether it meets the standards of this subpart N; and USFRS will 
provide the person with a copy of the USFRS XL waste MSDS, FPA and 
training module.
    (d) After successfully completing the activities identified in 
paragraph (c) of this section, USFRS will provide EPA with the name and 
such other information as the Agency may require to determine if a 
person may participate in the USFRS XL Project as a generator. USFRS 
will propose for inclusion into the USFRS XL Project only those 
person(s) whose wastes are compatible with the ion exchange process and 
canisters, whose storage area meets the standards in this subpart N, 
and whose process will be able to reuse substantially all of its waste 
water. EPA's approval shall be effective within twenty one days of 
EPA's receipt of USFRS's written notice proposing to add a person to 
the USFRS XL Project unless EPA, within that time period, provides 
USFRS with a written notice rejecting such person.
    (e) After securing the approval of EPA, MPCA and the County 
Agencies, USFRS shall notify the person it proposed to add to the USFRS 
XL Project in writing that it is approved for participation in the 
USFRS XL Project. USFRS will assign to that person a unique client 
number and waste profile number for each waste stream approved for this 
XL project. USFRS will obtain from that person a copy of the signed 
USFRS XL waste FPA and a certification that it has read and agrees to 
follow the USFRS XL waste training module. USFRS shall also ensure that 
as part of this certification the approved customer identifies its 
contact person as required by 40 CFR 266.308(h). Upon request by EPA, 
USFRS will provide EPA with a copy of the signed documents or other 
documents it requests.
    (f) USFRS will accept USFRS XL waste only from those persons who 
have received the approval of EPA, MPCA and, as appropriate, the County 
Agencies and who have signed the USFRS XL Project FPA and the 
certification identified in paragraph (e) of this section. A person's 
participation in this USFRS XL Project is effective after EPA, MPCA 
and, as appropriate, the County Agency approve of them and on the date 
that USFRS receives the signed USFRS XL waste FPA and certification. At 
that time the person is a USFRS XL waste approved customer. A USFRS XL 
waste approved customer becomes a USFRS XL waste generator when it 
first generates or causes USFRS wastes to be regulated. A USFRS XL 
waste generator must handle all USFRS XL wastes generated after the 
effective date of it being added to the USFRS XL Project in accordance 
with the provisions of this subpart N. USFRS XL waste that is generated 
prior to this date is not subject to this subpart N and it must be 
handled according to the appropriate hazardous waste characterization 
for that waste, (e.g., F006 and any other applicable waste code).
    (g) USFRS will require a USFRS XL waste approved customer and 
generator to update the USFRS XL waste application form prior to it 
adding to or modifying the waste streams or processes it identified on 
its initial USFRS XL waste application form. USFRS will notify EPA, 
MPCA and as appropriate, the County Agencies whenever a customer or 
generator notifies USFRS that it has or will add or modify waste 
streams or processes. EPA will notify USFRS if any further EPA 
approvals are required.


Sec. 266. 303  Procedures for adding persons as transporters to EPA's 
USFRS XL Project.

    (a) Any person who wishes to participate in the USFRS XL Project as 
a transporter must obtain the approval of the EPA and the MPCA. The 
approval of the County Agencies is also required if that person's 
principal place of business is located in the counties of Anoka, 
Carver, Dakota, Hennepin, Ramsey, Scott or Washington. The procedures 
identified in this subpart are to be followed to obtain EPA approval to 
add a person as a transporter to the federal USFRS XL Project. USFRS 
and a proposed transporter must also comply with the procedures 
identified by the MPCA, and as appropriate the County Agencies. A 
person may not be added to the federal USFRS XL Project unless it has 
received the approval of EPA, MPCA and as appropriate the County 
Agencies.
    (b) USFRS is the only entity which may propose to EPA to add a 
person as a transporter to the USFRS XL Project.
    (c) USFRS and Pioneer Transport are approved USFRS XL waste 
transporters. USFRS may propose to EPA to add other persons as USFRS XL 
waste transporters provided USFRS complies with the requirements of 
this section. USFRS will conduct a preliminary evaluation of any person 
who it proposes to add as a USFRS XL waste transporter. As part of that 
preliminary evaluation USFRS will ascertain whether the transporter has 
a valid EPA identification number, a valid Minnesota hazardous 
materials registration (``Minnesota registration'') and a satisfactory 
safety rating from USDOT within the last year.
    (d) After successfully completing the activities identified in 
paragraph (c) of this section, USFRS will provide EPA with the name of 
the transporter, the unique USFRS client identification number for the 
transporter, the results of its preliminary evaluation identified in 
paragraph (c) of this section, and other information as EPA may require 
to determine if that person may participate in the USFRS XL Project. 
USFRS will propose for inclusion into the USFRS XL Project only those 
person(s) who have a satisfactory safety rating from USDOT. EPA's 
approval shall be effective within twenty one days of its receipt of 
USFRS's written notice proposing to add a person to the USFRS XL 
Project unless EPA, within that time

[[Page 50305]]

period, provides USFRS with a written notice rejecting such person.
    (e) After receiving the approval of EPA, MPCA and as appropriate 
the County Agencies USFRS shall notify the person in writing that it is 
approved for participation in the USFRS XL Project. USFRS will obtain 
from that person a copy of the signed USFRS XL waste FPA and a 
certification that it has been trained by USFRS on the proper handling 
of USFRS XL wastes and understands its responsibilities under this 
subpart N.
    (f) USFRS will allow only USFRS XL approved transporters to 
transport USFRS XL wastes. A person's participation in this USFRS XL 
Project is effective after it receives the approval of EPA, MPCA and 
the County Agencies, as appropriate, and on the date that USFRS 
receives the signed USFRS XL waste, FPA and certification. A USFRS XL 
waste approved transporter becomes a USFRS XL waste transporter when it 
first transports or accepts for transport USFRS XL waste.
    (g) USFRS will require a USFRS XL waste approved transporter or 
USFRS XL waste transporter to notify it of any change in its rating 
from USDOT, its Minnesota registration or its EPA identification 
number. USFRS will notify EPA, MPCA and, the appropriate County 
Agencies in writing of any such changes. EPA will notify USFRS in 
writing of any additional information or steps that may be required as 
a result of such changes.


Sec. 266.304  USFRS requirements related to the development, use and 
content of USFRS XL Waste Training Module.

    (a) USFRS will develop, implement and maintain a USFRS XL Waste 
Training Module. USFRS will provide this training module to every 
person who applies for participation in the USFRS XL Project. USFRS may 
use any recorded communication media that is appropriate for 
communicating the requirements of this subpart (e.g., printed 
brochures, videos, etc.).
    (b) The Training Module will, at a minimum, identify the hazards 
presented by the USFRS XL waste: for generators, explain how to handle 
the installation and replacement of the ion exchange resin canisters; 
and explain the requirements imposed on the generator or transporter 
pursuant to this part.
    (c) USFRS shall submit this training module to EPA for approval 
prior to accepting the first shipment of USFRS XL wastes.


Sec. 266.305  USFRS requirements relative to the development, use and 
content of USFRS XL Waste MSDS.

    USFRS will develop a material safety data sheet (MSDS) for the 
resins contained in the USFRS XL waste. The MSDS will comply with the 
requirements for MSDS imposed by the Occupational Safety and Health 
Administration (OSHA). USFRS will provide a copy of this MSDS to every 
person who applies for participation in the USFRS XL Project. USFRS 
will ensure that the MSDS prominently instructs individuals in the 
proper handling and emergency response procedures for spills or leaks 
of the USFRS XL wastes.


Sec. 266.306  Waste characterization.

    (a) Submission of USFRS XL Waste Application Form by USFRS XL Waste 
Generator. A person who proposes to participate in the USFRS XL Project 
as a generator of USFRS XL wastes must properly identify the wastes and 
processes which contribute to the production of the USFRS XL waste at 
its company. For the purposes of this subpart N it shall identify only 
those waste streams which meet the F006 listing and shall identify them 
on the USFRS XL waste application form. It shall complete and submit to 
USFRS the USFRS XL Waste Application Form. It shall update and submit 
to USFRS the XL Waste Application prior to changing any process which 
contributes to the USFRS XL waste it generates.
    (b) USFRS Waste Profile Analyses. For any person which USFRS 
proposes to add to the USFRS XL Project as a generator, USFRS will 
perform a waste profile analysis of the waste stream(s) and process(es) 
which will contribute to the USFRS XL waste at that company. USFRS will 
update such analyses whenever a USFRS XL waste generator notifies USFRS 
of a change or modification to its waste stream or process contributing 
to its USFRS XL waste. USFRS will include in the waste profile analysis 
a complete chemical analysis of the waste stream(s) and a determination 
of its compatibility with the ion exchange resin process and canisters. 
USFRS shall complete such analysis in accordance with the testing 
methods identified in the waste analysis plan contained within its RCRA 
hazardous waste permit. USFRS shall assign to each generator a unique 
customer identification number and waste profile number.


Sec. 266.307  USFRS XL waste identification, handling, and recycling.

    (a) USFRS XL waste will be denoted by the hazard waste code XL001 
while it is handled by the USFRS XL waste generator or transporter. At 
the USFRS facility, the USFRS XL waste will be denoted by the waste 
code(s) it would have had at the generator but for its characterization 
as USFRS XL waste (i.e., F006 and any other applicable characteristic 
waste code). USFRS and others who may receive residuals from the USFRS 
XL waste will handle the USFRS XL waste and residuals according to the 
wastes code(s) it would have had at the generator (i.e., F006 and the 
appropriate characteristic hazardous waste code) and not according to 
the XL001 designation. USFRS shall handle the USFRS XL waste at its 
facility in accordance with its State issued RCRA hazardous waste 
permit and any applicable Federal requirements.
    (b) USFRS may not accept any customers into this Project unless and 
until it has arranged for recycling of the metals contained in the 
XL001 wastes it receives. USFRS shall continue to recycle the metals 
contained in the XL001 waste it receives throughout the duration of the 
XL Project.
    (c) USFRS shall identify a spill response coordinator at its 
facility. This person shall be responsible for coordinating the proper 
response to any spill, leaks or emergencies of USFRS XL wastes at the 
generator or during transport. He will also be responsible for 
receiving the calls from the generators and transporters required by 
this subpart N for such spills, leaks or emergencies.


Sec. 266.308  Accumulation and storage prior to off-site transport.

    A USFRS waste generator may store its USFRS XL waste on-site for 
less than 90 days, provided it complies with the following:
    (a) Condition and use of containers. Except as provided in 
paragraph (e) of this section, the USFRS waste generator will store the 
USFRS XL waste in the USFRS water treatment resin canisters. At the 
time it places the canister in storage it will ensure that the water 
treatment resin canisters are disconnected from any processes and are 
sealed. It will ensure that the USFRS XL wastes are not mixed with 
other solid wastes. It will affix to the canisters a warning statement 
containing the information presented in paragraph (c) of this section.
    (b) Condition of storage area. It will store the USFRS XL waste on 
an impervious surface. The USFRS waste generator will store the USFRS 
XL waste separately from other wastes or materials and will ensure that 
there is adequate aisle space to determine the condition of the USFRS 
XL waste and

[[Page 50306]]

to notice and respond to any leaks of USFRS XL waste.
    (c) Pre-transport requirements. It will place the following warning 
statement prominently on the USFRS XL waste XL001 wastes--USFRS ion 
exchange resin canister wastes--Federal Law Prohibits Improper 
Disposal. This is USFRS XL waste from (insert XL waste generator's 
name). Handle as a hazardous waste and ship only to USFRS located at 
2430 Rose Place, Roseville, MN. This waste was placed in this container 
on (date) and placed in storage at (insert USFRS XL waste generator's 
name) on (insert date). If found, contact USFRS and the nearest police, 
public safety authority, EPA or MPCA. The USFRS telephone number is 
(insert phone number). USFRS Transportation Tracking Document Number 
____''. If spilled immediately contain the spill and prevent it from 
going into any water body; collect the spilled material and place in a 
55 gallon steel drum; contact USFRS and the nearest police, public 
safety authority, EPA or MPCA.
    (d) Inspections. The USFRS waste generator will inspect the 
condition of the USFRS XL waste weekly while it is in storage at its 
company. It will maintain a log of these inspections. The log will 
indicate the date the USFRS XL waste was placed in storage, the 
condition of the water treatment resin canister at that time, the 
date(s) of the inspection, the person conducting the inspection, and 
the condition of the water treatment resin canisters and the storage 
area at the time of the inspection.
    (e) Response to spills or leaks. The USFRS waste generator will 
immediately contain and collect any spill or leak of USFRS XL wastes. 
It will orally notify USFRS, and the duty officer at MPCA (Non-metro: 
1-800-422-0798; Metro: 651-649-5451) within 24 hours of discovery of 
the spill or leak. It will place any spilled or leaked materials in a 
55 gallon steel drum compatible with the USFRS XL wastes and comply 
with the requirements of paragraphs (a) to (c) of this section. It will 
arrange with USFRS for the disposal of that spilled or leaked material 
with the next shipment of USFRS XL wastes from its company. If allowed 
by the local POTW it may discharge any leaked or spilled water to its 
permitted drainage system. Otherwise, such wasters will be sent to 
USFRS.
    (f) Decontamination of storage area. The USFRS waste generator will 
decontaminate all areas, equipment or soils used for or contaminated 
with USFRS XL waste no later than the dates provided in section 
Secs. 266.312, 266.314 and 266.315.
    (g) USFRS XL Waste MSDS. It shall maintain and exhibit in a 
prominent location the USFRS MSDS. It shall provide a copy of the USFRS 
XL waste MSDS to all local entities responsible for responding to 
releases of hazardous materials or wastes, (e.g., local police and fire 
departments, hospitals, etc.). It shall retain documentation of its 
efforts to comply with this paragraph (g).
    (h) Contact person. No later than the date that it signs the FPA it 
will designate to USFRS a person who is responsible for handling its 
USFRS XL waste and its compliance with this subpart. That person shall 
complete training for the proper handling of USFRS XL waste and shall 
certify that he has read and understands the requirements imposed by 
this subpart N and the USFRS XL waste training module. That person 
shall also be responsible for responding to spills or leaks at the 
generator.
    (i) Communication devices. It shall have an operating communication 
device (e.g., telephone, alarm, etc.) which allows the contact person 
to notify the appropriate state, local and federal officials and local 
hospitals and company personnel in case of an emergency.


Sec. 266.309  USFRS XL waste transporter pre-transport requirements.

    A USFRS XL waste transporter will ensure that the USFRS XL waste is 
withinan approved container which prominently displays the following 
warning statement: XL001 wastes--USFRS ion exchange resin canister 
wastes--Federal Law Prohibits Improper Disposal. This is USFRS XL waste 
from (insert XL waste generator's name). Handle as a hazardous waste 
and ship only to USFRS located at 2430 Rose Place, Roseville, MN. This 
waste was placed in this container on (date) and placed in storage at 
(insert USFRS XL waste generator's name) on (insert date). If found, 
contact USFRS and the nearest police, public safety authority, MPCA or 
EPA. The USFRS telephone number is (insert phone number). USFRS 
Transportation Tracking Document Number ____''. If spilled immediately 
contain the spill and prevent it from going into any water body; 
collect the spilled material and place in a 55 gallon steel drum; 
contact USFRS and the nearest police, public safety authority, EPA or 
MPCA.


Sec. 266.310  USFRS XL Waste Transport and Transportation Tracking 
Document.

    A USFRS XL Transportation Tracking Document and USFRS XL Waste MSDS 
will accompany every shipment of USFRS XL waste from a USFRS XL waste 
generator off-site. Each canister will have the warning statement 
required by Secs. 266.308(c) and 266.309 affixed to it. USFRS, and the 
USFRS XL waste generator and transporter shall comply with the 
following requirements:
    (a) USFRS. USFRS will require each USFRS XL waste generator to 
contact USFRS to arrange for the transportation of the USFRS XL waste. 
USFRS will contact and use only USFRS XL waste transporters to 
transport the USFRS XL waste. USFRS will arrange for the USFRS XL waste 
transporter to pick-up the USFRS XL waste within 30 days of a USFRS' 
receipt of a request from a USFRS XL waste generator for such services. 
USFRS will complete and send to the USFRS XL waste generator the USFRS 
XL waste Transportation Tracking Document and warning statement 
identified in Secs. 266.308(c) and 266.309 prior to the arrival of the 
transporter at the generator. USFRS will include on the Transportation 
Tracking Document all information EPA determines is required to comply 
with this subpart N. USFRS will direct the USFRS XL waste transporter 
to ship the USFRS XL waste to its facility at 2430 Rose Place, 
Roseville, Minnesota within 30 days of its pick-up from a USFRS XL 
waste generator. If a shipment is not received within 30 days, USFRS 
will contact the transporter to determine the disposition of the load. 
If USFRS does not receive the shipment within 5 days of its scheduled 
arrival date, it will notify EPA, MPCA, the USFRS XL generator and as 
appropriate the County Agencies. USFRS will send a copy of the 
Transportation Tracking Document to the USFRS XL waste generator within 
5 days of USFRS' receipt of the XL001 waste from the transporter.
    (b) USFRS XL waste generators. A USFRS XL waste generator must 
contact USFRS for the off-site transport, treatment, storage or 
disposal of USFRS XL wastes. A USFRS waste generator will use only a 
USFRS XL waste transporter to transport the USFRS XL waste to the USFRS 
Roseville, Minnesota facility located at 2430 Rose Place. It must 
verify the accuracy of the USFRS XL Waste Transportation Tracking 
Document and warning statement, make any corrections to them that are 
necessary and sign the Transportation Tracking Document. It must affix 
the warning statement to each canister and provide a copy of the USFRS 
XL Waste Transportation Tracking Document and USFRS XL waste MSDS to 
the USFRS XL waste

[[Page 50307]]

transporter at the time it provides the transporter with the USFRS XL 
waste.
    (c) USFRS XL waste transporter. A USFRS XL waste transporter shall 
verify the accuracy of the information contained on the USFRS XL Waste 
Transportation Tracking Document and on the canister warning statement. 
It shall sign and date the USFRS Transportation Tracking Document for 
each shipment of USFRS XL waste it transports and carry it with each 
shipment that it carries. It shall carry the USFRS XL waste MSDS with 
each shipment. It shall pick-up each shipment of USFRS XL waste within 
30 days of it receiving a request for such services from USFRS. It 
shall deliver each shipment of USFRS XL waste to the USFRS Roseville, 
Minnesota facility located at 2430 Rose Place within 30 days of it 
being picked-up at a USFRS XL waste generator. A USFRS transporter may 
store XL waste for no more than 10 days at a transfer facility without 
being subject to regulation under 40 CFR parts 264, 265, 268, and 270 
for the storage of those wastes.


Sec. 266.311  Releases of USFRS XL waste during transport.

    In the event of a release of USFRS XL waste during transportation, 
a USFRS XL waste transporter must take appropriate immediate action to 
protect human health and the environment, including preventing the 
spilled material from entering a water system or a water body. The 
USFRS XL waste transporter also must comply with the provisions of 
Sec. 263.31. The USFRS XL waste transporter will contact USFRS and the 
nearest police, public safety authority, EPA or MPCA, provide any 
emergency responder with a copy of the USFRS XL waste MSDS, handle the 
spilled material in accordance with the USFRS XL waste MSDS and the 
direction of any governmental entity charged with emergency response 
authority; and transport any spilled USFRS XL waste and contaminated 
soils or equipment to the USFRS facility located at 2430 Rose Place, 
Roseville, Minnesota in a metal 55 gallon drum compatible with the 
wastes.


Sec. 266.312  USFRS XL Waste Generator Closure.

    (a) Generator responsibilities. At the time of termination of a 
USFRS XL generator's participation in the USFRS XL Project, the USFRS 
XL waste generator will disconnect its process(es) from the water 
treatment resin canisters; implement the alternative treatment or 
disposal required by Sec. 266.313; arrange for the transport to USFRS 
of all USFRS XL waste that it has in storage; decontaminate any 
contamination resulting from the storage or handling of USFRS XL waste; 
and document its efforts to comply with this closure requirement.
    (b) USFRS responsibilities. Prior to termination of a USFRS XL 
waste generator's participation in the USFRS XL Waste Project USFRS 
will remove all of the USFRS XL waste in the generator's storage area. 
USFRS will inspect the USFRS XL waste generator to determine if all 
USFRS XL wastes have been removed and to document the condition of the 
USFRS XL waste storage area. USFRS will provide a written summary to 
the customer, EPA, MPCA and as appropriate the County Agencies of its 
evaluation pursuant to this paragraph (b).


Sec. 266.313  USFRS XL waste generator requirements to maintain 
alternate treatment or disposal capacity.

    During the period that it is participating in the USFRS XL waste 
Project, a USFRS XL waste generator shall maintain the ability to 
legally treat or dispose of its process wastes contributing to the 
USFRS XL waste by methods other than through transportation and 
treatment to USFRS' Roseville, Minnesota facility. A USFRS XL waste 
generator may use this alternative treatment or disposal method only 
after it has discontinued participation in this XL Project.


Sec. 266.314  Termination of a USFRS XL waste approved customer's 
participation in the USFRS XL Project.

    The provisions in this section apply to a USFRS XL waste approved 
customer who has not yet generated USFRS XL waste. If a USFRS XL waste 
approved customer has generated or first caused to be regulated USFRS 
XL waste, then it is a USFRS XL waste generator and must comply with 
the termination provisions contained in Sec. 266.315. The following 
procedures are to be followed to terminate a person's participation in 
the federal USFRS XL Project. A USFRS waste approved customer's 
participation in the USFRS XL Project will terminate [Date 5 years from 
effective date of final rule], but may terminate earlier either 
voluntarily, upon changes in ownership, or upon notice by USFRS, EPA, 
MPCA or the appropriate County Agency.
    (a) Termination by the USFRS XL waste approved customer. A USFRS XL 
waste approved customer may terminate its participation in the USFRS XL 
Project at any time prior to its first generating USFRS XL wastes. The 
USFRS XL waste approved customer will provide 5 days written notice to 
USFRS, EPA, MPCA and as appropriate the County Agencies its desire to 
discontinue participation in the USFRS XL Project. No further action is 
required by such USFRS XL waste approved customer.
    (b) Change in ownership. A USFRS XL waste approved customer will be 
automatically terminated upon a change in ownership. A USFRS XL waste 
approved customer must notify USFRS, EPA, MPCA and as appropriate the 
County Agencies within 5 days of a change in its ownership.
    (c) Termination by EPA, MPCA, County Agency or USFRS. If EPA or 
USFRS propose to terminate a USFRS XL waste approved customer they 
shall provide it with 5 days written notice. If MPCA or the County 
Agency propose to terminate such person they shall follow their own 
procedures and provide EPA and USFRS with the results of such 
proceedings. If MPCA or the County Agency terminates such person's 
participation in the federal USFRS XL Project, such person will be 
automatically terminated without further proceedings under this subpart 
N.


Sec. 266.315  Termination of a USFRS XL waste generator's participation 
in the USFRS XL Project.

    The procedures identified in this subpart are to be followed to 
terminate a waste generator's participation in the federal USFRS XL 
Project. A USFRS waste generator's participation in the USFRS XL 
Project will terminate [Date 5 years from effective date of final 
rule], but may terminate earlier either voluntarily, upon changes in 
ownership, or upon notice by USFRS, EPA, MPCA or the County Agency.
    (a) Termination by the USFRS XL waste generator. The USFRS XL waste 
generator will provide 60 days written notice to USFRS, EPA, MPCA and 
the County Agencies of its desire to discontinue participation in the 
USFRS XL Project. Within the 60 days the USFRS XL waste generator shall 
accomplish the closure required by Sec. 266.312.
    (b) Termination by EPA, MPCA or the County Agency. EPA, MPCA or the 
County Agency may terminate a USFRS XL waste generator's participation. 
If EPA proposes to terminate such person's participation then it will 
provide the generator with written notice. EPA retains the right to 
terminate a USFRS XL waste generator's participation in the USFRS XL 
Project if the USFRS XL waste generator is in non-compliance with the 
requirements of this subpart. In the event of

[[Page 50308]]

termination by EPA, EPA will provide USFRS, the USFRS XL waste 
generator, MPCA, and as appropriate the County Agencies with 15 days 
written notice of its intent to terminate a generator's continued 
participation in the USFRS XL Project. During this period, which 
commences on receipt of the notice to terminate by the generator, the 
generator will have the opportunity to come back into compliance or to 
provide a written explanation as to why it was not in compliance and 
how it intends to return to compliance. If, upon review of the written 
explanation EPA re-issues a written notice terminating the generator 
from this XL Project the generator shall close in accordance with 
Sec. 266.312. The USFRS XL waste generator shall complete the closure 
and comply with Sec. 266.312 within sixty days of EPA's re-issuance of 
the notice of termination. If MPCA or the County Agency propose to 
terminate such person they shall follow their own procedures and 
provide EPA and USFRS with the results of such proceedings. If MPCA or 
the County Agency terminates such person's participation in the federal 
USFRS XL Project, that person's participation will be automatically 
terminated without further proceedings under this rule and such person 
must comply with the closure requirements contained in Sec. 266.312.
    (c) Termination by USFRS. USFRS may terminate a USFRS XL waste 
generator's participation in the USFRS XL Project only after providing 
60 days written notice to the generator, EPA, MPCA and the county 
agency. Within this time USFRS will arrange for the transport to its 
facility of the USFRS XL waste in storage. Additionally, USFRS will 
inspect the USFRS XL waste generator in accordance with 
Sec. 266.312(b).
    (d) Termination as a result of changes in ownership. A USFRS XL 
waste generator will provide written notice to USFRS, EPA, MPCA and as 
appropriate the County Agencies of a change in its ownership. It will 
provide such notice within 10 days of the change in ownership. Within 
the 60 days of the change in ownership the USFRS XL waste generator 
shall accomplish the closure required by Sec. 266.312.


Sec. 266.316  Termination of a USFRS XL waste approved transporter's 
participation in the USFRS XL Project.

    The provisions in this subpart apply to a USFRS XL waste approved 
transporter who has not transported or accepted for transport USFRS XL 
waste. If a USFRS XL waste approved transporter has transported or 
accepted for transport USFRS XL waste it is a USFRS XL waste 
transporter and must comply with the termination provisions contained 
in Sec. 266.317. The procedures identified in this subpart are to be 
followed to terminate a person's participation in the federal USFRS XL 
Project. MPCA or the County Agencies may have their own procedures for 
terminating the participation of a person from their version of this 
Federal USFRS XL Project. EPA is not bound by and will not follow those 
State or County procedures to terminate a person's continued 
participation in this USFRS XL Project. A USFRS waste approved 
transporter's participation in the USFRS XL Project will terminate 
[Date 5 years from effective date of final rule], but may terminate 
earlier either voluntarily, upon changes in ownership, or upon notice 
by USFRS, EPA, MPCA or the County Agency.
    (a) Termination by the USFRS XL waste approved transporter. A USFRS 
XL waste approved transporter may terminate its participation in the 
USFRS XL Project at any time prior to its first transporting or 
accepting for transport USFRS XL wastes. The USFRS XL waste approved 
transporter will provide 5 days written notice to USFRS, EPA, MPCA, and 
as appropriate the County Agencies of its desire to discontinue 
participation in the USFRS XL Project. No further action is required by 
such USFRS XL waste approved transporter.
    (b) Change in ownership. A USFRS XL waste approved transporter will 
be automatically terminated upon a change in ownership. A USFRS XL 
waste approved transporter must notify USFRS, EPA, MPCA and as 
appropriate the County Agencies within 5 days of a change in its 
ownership.
    (c) Termination by EPA, MPCA, the County Agencies or USFRS. EPA, 
MPCA, the County Agencies and USFRS may also terminate a USFRS XL waste 
approved transporter's participation in the USFRS XL. If EPA or USFRS 
propose such termination they will provide the transporter, each other, 
MPCA and the appropriate County Agencies with 5 days written notice.


Sec. 266.317  Termination of a USFRS XL waste transporter's 
participation in the USFRS XL Project.

    The procedures identified in this subpart are to be followed to 
terminate a person's participation in the federal USFRS XL Project. 
MPCA or the County Agencies may have their own procedures for 
terminating the participation of a person from their version of this 
Federal USFRS XL Project. EPA is not bound by and will not follow those 
State or County procedures to terminate a person's continued 
participation in this USFRS XL Project. A USFRS waste transporter's 
participation in the USFRS XL Project will terminate [Date 5 years from 
effective date of final rule], but may terminate earlier either 
voluntarily, upon a change in ownership of the transporter, or upon 
notice by USFRS, EPA, MPCA or the County Agency.
    (a) Termination by the USFRS XL waste transporter--voluntary and 
changes in ownership. The USFRS XL waste transporter will provide 10 
days written notice to USFRS, EPA, MPCA and as appropriate the County 
Agencies of its desire to discontinue participation in the USFRS XL 
Project or of a change in ownership. Within 30 days of that notice the 
USFRS XL waste transporter will ensure that all of its shipments of 
USFRS XL waste are delivered to the USFRS facility.
    (b) Termination by EPA, MPCA or the County Agencies. EPA, MPCA or 
the County Agencies may terminate a USFRS XL waste transporter's 
participation in the USFRS XL Project. If MPCA or the County Agency 
propose to terminate such person they shall follow their own procedures 
and provide EPA and USFRS with the results of such proceedings. If MPCA 
or the County Agency does terminate such person's participation, such 
person's participation in the Federal USFRS XL Project will be 
automatically terminated without further proceedings under this subpart 
and the transporter shall ensure that all shipments of XL waste are 
delivered to the USFRS facility within 30 days of notice of 
termination. If EPA proposes to terminate a transporter's participation 
in the USFRS XL Project EPA will provide such person, MPCA, the County 
Agency and USFRS with a 30 days written notice prior to terminating 
such person's participation in the USFRS XL Project. EPA retains the 
right to terminate a USFRS XL waste transporters participation in the 
USFRS XL Project if the USFRS XL waste transporter is not in compliance 
with the requirements of this subpart N. During this period, which 
commences on receipt of the notice by the transporter, the USFRS XL 
waste transporter will have the opportunity to come back into 
compliance or to provide a written explanation as to why it was not in 
compliance and how it intends to return to compliance. If, upon review 
of the written explanation EPA re-issues a written notice terminating 
the USFRS XL waste transporter from this XL Project the USFRS XL waste 
transporter shall ensure that all shipments of USFRS XL waste are 
delivered to the USFRS facility within 30 days of such re-issued 
notice.

[[Page 50309]]

    (c) Termination by USFRS. USFRS may terminate a USFRS XL waste 
transporter's participation in the USFRS XL Project only after 
providing 30 days written notice to the transporter, EPA, MPCA and as 
appropriate the County Agencies. Within this time USFRS will arrange 
for the transport to its facility of the USFRS XL waste in the 
possession of the USFRS XL waste transporter.
    (d) Change in ownership. A USFRS XL waste transporter will be 
automatically terminated upon a change in ownership. A USFRS XL waste 
transporter must notify USFRS, EPA, the County Agencies and MPCA within 
5 days of a change in its ownership.


Sec. 266.318  Termination of USFRS' participation in this XL Project.

    The procedures identified in this subpart are to be followed to 
terminate USFRS' participation in the federal USFRS XL Project. MPCA or 
the County Agencies may have their own procedures for terminating 
USFRS' participation from their version of this federal USFRS XL 
Project. EPA is not bound by and will not follow those State or County 
procedures to terminate USFRS' continued participation in this USFRS XL 
Project. USFRS' participation in the USFRS XL Project will terminate 
[Date 5 years from effective date of final rule], but may terminate 
earlier either voluntarily, upon a change in ownership of USFRS, or 
upon notice of EPA, MPCA or as appropriate the County Agency. If there 
is a change of ownership at USFRS, USFRS shall give EPA, MPCA and the 
appropriate County Agencies 30 days notice of the change. EPA will 
notify USFRS if its participation in this USFRS XL Project will 
terminate. The USFRS XL Waste Project is terminated if USFRS'' 
participation is terminated. In such an instance USFRS must supply EPA, 
MPCA and the County Agencies with a proposed schedule for transitioning 
all USFRS XL Project participants to compliance with the RCRA 
requirements within 120 days of a notice to terminate pursuant to this 
section.
    (a) USFRS' termination of its participation in this XL Project--
voluntary termination. USFRS will provide written notice to all USFRS 
XL Project participants (e.g., USFRS XL waste approved customers and 
approved transporters, USFRS XL waste generators and transporters), 
EPA, MPCA and the County Agencies of its desire to discontinue 
participation in the USFRS XL Project (``voluntary termination'') USFRS 
will provide its notice of voluntary termination 120 days prior to the 
date it proposes to terminate this XL Project. Within this 120 days 
USFRS will arrange for the transition of it and the USFRS XL waste 
Project participants to return to compliance with the RCRA 
requirements. During this time all USFRS XL Project participants will 
complete all closure activities required by Sec. 266.312.
    (b) Termination as a result in a change of ownership of USFRS. 
USFRS will provide written notice to EPA, MPCA and the County Agencies 
of any change in ownership of USFRS. USFRS will provide this notice 
within 30 days of the change in ownership. Within 90 days of USFRS's 
notice of a change in ownership USFRS will arrange for the transition 
of all USFRS XL waste Project participants to return to compliance with 
the RCRA requirements. All USFRS XL waste Project participants will 
complete all closure activities required by Sec. 266.312.
    (c) EPA or MPCA termination of the USFRS XL Project.
    (1) EPA or MPCA may terminate this XL Project after providing 
written notice to USFRS. EPA retains the right to terminate this XL 
Project if:
    (i) USFRS is in non-compliance with the requirements of this 
subpart;
    (ii) This Project does not provide superior environmental benefit; 
or
    (iii) There is repeated non-compliance by USFRS XL waste generators 
or transporters.
    (2) In the event of termination by EPA, EPA will provide USFRS, 
MPCA and the County Agencies with 30 days written notice of its intent 
to terminate USFRS' participation in this XL Project. During this 
period, which commences on receipt of the notice by USFRS, USFRS will 
have the opportunity to come back into compliance, to provide a written 
explanation as to why it was not in compliance and how it intends to 
return to compliance or otherwise respond to the reasons for EPA's 
proposed termination. If, upon review of the written explanation EPA 
re-issues a written notice terminating this XL Project then USFRS shall 
submit to EPA within 30 days of its receipt of the re-issued notice its 
plan for transitioning all USFRS XL waste Project participants to 
compliance with the RCRA requirements. This transition plan shall 
contain a proposed schedule which accomplishes compliance with RCRA 
within 120 days of EPA's re-issued written notice.


Sec. 266.319  USFRS recordkeeping and reporting requirements.

    (a) Annual reporting. USFRS will provide an annual report, on 
October 1, on all USFRS XL wastes. It will provide the information 
separately for each USFRS XL waste generator. The annual report, at a 
minimum, will include:
    (1) An identification of each USFRS XL waste generator who sent 
USFRS XL wastes to USFRS; the quantity of XL waste that USFRS received 
from each USFRS XL waste generator during the calendar year and a 
certification by USFRS that those USFRS XL wastes were treated and 
recycled at USFRS in accordance with this subpart N;
    (2) The amount of water recycled by the generators, the 
pretreatment chemicals and energy the generators did not use as a 
result of participating in this USFRS XL Project, the amount of water 
discharged to the local POTW before and during this project, the amount 
of sludge recovered by USFRS before and during this project, the amount 
of sludge recovered as opposed to disposed of by a generator (if the 
generator disposed of the sludge prior to participating in this 
project), the quantity of material (ion exchange resins, other 
wastewater treatment sludge, residues) collected from each facility 
(monthly), the frequency of canister replacement in terms of process 
volume, the constituents in the material (ion exchange resins, other 
wastewater treatment sludge, residues) collected at each facility 
(e.g., recoverable metals, contaminants/non-recoverable materials), and 
constituents in the material (ion exchange resins, other wastewater 
treatment sludge, residues) disposed by each facility (e.g., 
contaminants/non-recoverable material);
    (3) Quantity of material (ion exchange resins, other wastewater 
treatment sludge, residues) to be processed from the XL waste at the 
USFRS Roseville facility, quantity of the metals recovered from the XL 
waste at the USFRS Roseville facility, the constituents of the 
recovered material (ion exchange resins, other wastewater treatment 
sludge, residues from the XL waste), quantity and constituents of the 
non-recoverable material from the XL waste (ion exchange resins, other 
wastewater treatment sludge, residues), and how it was disposed of; and
    (4) The quantity of each metal recovered at each metals reclamation 
facility it uses for this Project.
    (b) Quarterly reporting. USFRS will submit a quarterly report to 
EPA, MPCA and the County Agencies on October 1, January 1, April 1 and 
July 1 which will include:
    (1) Sufficient information for EPA to determine the amount of 
superior environmental benefit resulting from this project. That report 
will, at a minimum, contain information which includes, but is not 
limited to: the

[[Page 50310]]

volume of water and waste collected and recycled; the amount of metals 
recycled; the volume of recycled material sold to others; data 
regarding the management of the ion exchange canisters; the 
constituents of the sludge; and information regarding how the sludge 
and residues are managed;
    (2) Financial information related to the costs and savings realized 
as a result of implementation of this project. USFRS will collect 
baseline and XL costs.
    (i) The baseline costs shall be calculated using two scenarios:
    (A) Typical expenses (including any hazardous waste taxes) of the 
generator (prior to the XL Project) for pretreating and disposing 
effluent wastewater under the applicable Clean Water Act requirements 
and the costs for manifesting, transporting and disposing of F006 
sludges; and
    (B) Typical expenses of the generator that would be incurred if 
waste were recycled in compliance with RCRA and requirements for 
manifesting and transportation of those hazardous wastes (including tax 
obligations under both scenarios).
    (ii) The XL costs will include the costs to the generator for 
completing the Transportation Tracking Document, the transportation 
costs for XL wastes, the generator's cost to install the ion exchange 
canisters, any other costs the generator incurs such as cleaning up any 
spills, payment of hazardous waste taxes, etc., the cost to USFRS of 
metals reclamation off-site (including costs associated with 
transportation or disposal). USFRS will compare the baseline costs to 
the XL costs and provide an analysis of whether the project is 
resulting in cost savings for generators and which aspects of the XL 
Project produce any savings.
    USFRS will also submit any of the information required in 
paragraphs (b)(2)(i) (A) and (B) of this section upon request by EPA, 
MPCA or the County Agency;
    (3) A list of all USFRS XL Waste Approved Customers and Generators. 
USFRS shall include on that list the customer and generator's name, a 
summary of the results of the USFRS waste characterization of the 
customer and generator's waste stream(s) and process(es), the 
customer's and generator's process waste streams approved for 
participation in the USFRS XL Waste Project, the unique client number 
USFRS has assigned to the customer and generator and its waste stream, 
the date of USFRS notice to EPA and MPCA proposing to add the customer 
and generator to the USFRS XL Project; the date on which USFRS notified 
the customer that it is approved for participation in this USFRS XL 
Project; and the date USFRS received the signed FPA and certification 
from the customer or generator. The list shall also contain the date of 
any notice of termination, and if there is a termination, the date on 
which USFRS recovered all of its USFRS XL wastes from the generator and 
the date USFRS conducted its visual evaluation of the condition of the 
USFRS XL waste storage areas and notice of compliance with 
Sec. 266.312. USFRS will update its waste customer and generator list 
when new customers and generators have been approved by EPA, MPCA and 
the County Agencies or when a customer or generator has been terminated 
from this XL Project; and
    (4) A list of all USFRS XL Waste Approved Transporters. USFRS shall 
include on this list the transporter's unique USFRS client number, the 
transporter's name, and if available, EPA identification number and its 
Minnesota registration number, the date of USFRS notice to EPA and MPCA 
proposing to add the transporter to the USFRS XL Project; the date on 
which USFRS notified the transporter that it is a USFRS XL Waste 
Approved Transporter; and the date on which it received the signed 
USFRS XL waste FPA and certification. The list shall also contain the 
date of any notice of termination, and if there is a termination, the 
date on which USFRS recovered all of its USFRS XL wastes from the 
transporter. This USFRS XL waste transporter list may be modified upon 
approval of EPA and MPCA.
    (c) Recordkeeping. USFRS will retain for three years a copy of 
USFRS XL waste application forms, and correspondence with each USFRS XL 
waste approved customer and generator; records of any spill or leak 
notifications it receives; records of its compliance with this subpart 
N; and the USFRS XL waste Transportation Tracking Document for each 
shipment from a USFRS XL waste generator.


Sec. 266.320  USFRS XL waste generator recordkeeping and reporting 
requirement.

    A USFRS XL waste generator will retain for three years a copy of 
the USFRS XL Waste FPA, with all appropriate signatures; its USFRS XL 
waste certification; its log of weekly inspections required by 
Sec. 266.308(d); its record of any notification of spills or leaks of 
its USFRS XL wastes required by Sec. 266.308(e); its compliance with 
the training and facility contact requirements of Sec. 266.308(h); a 
copy of the signed Transportation Tracking Document for USFRS XL waste 
it generated; and documentation of its compliance with Sec. 266.312.


Sec. 266.321  USFRS XL waste transporter recordkeeping and reporting 
requirement.

    A USFRS XL waste transporter will retain for three years a copy of 
the USFRS XL Waste FPA, with all appropriate signatures; its USFRS XL 
waste certification; a copy of the signed Transportation Tracking 
Document for USFRS XL waste it transported; and its record of any 
notification of spills or leaks of its USFRS XL wastes required by 
Sec. 266.311.


Sec. 266.322  Effective dates.

    This subpart N is effective from [Effective date of final rule] 
until [Date 5 years from effective date of final rule].

[FR Doc. 00-20424 Filed 8-16-00; 8:45 am]
BILLING CODE 6560-50-P