[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Rules and Regulations]
[Pages 62973-62979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29966]



[[Page 62973]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-7112-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA, also the Agency or 
we in this preamble) today is granting a petition to modify an 
exclusion (or delisting) from the lists of hazardous waste previously 
granted to Geological Reclamation Operations and Waste Systems, Inc. 
(GROWS). This action responds to a petition for amendment submitted by 
GROWS to increase the maximum annual volume of waste covered by its 
current exclusion.
    After careful analysis, we have concluded the petitioned waste does 
not present an unacceptable risk when disposed of in a Subtitle D 
(nonhazardous waste) landfill. This exclusion applies to wastewater 
treatment sludge filter cake generated by GROWS at its facility in 
Morrisville, Pennsylvania. Accordingly, this final amendment 
conditionally excludes a specific yearly volume of the petitioned waste 
from the requirements of the hazardous waste regulations under the 
Resource Conservation and Recovery Act (RCRA) when the petitioned waste 
is disposed of in a Subtitle D landfill which is permitted, licensed, 
or registered by a State to manage municipal or industrial solid waste.

EFFECTIVE DATE: December 4, 2001.

ADDRESSES: The RCRA regulatory docket for this final amendment is 
located at the offices of U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA, 19103-2029, and is available for you to view from 
8:30 a.m. to 5:00 p.m., Monday through Friday, except on Federal 
holidays. Please call David M. Friedman at (215) 814-3395 for 
appointments. The public may copy material from the regulatory docket 
at $0.15 per page.

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

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

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this petition for amendment?
    C. What are the limits of this exclusion?
    D. How will GROWS manage the waste under this exclusion?
    E. When is the final amendment effective?
    F. How does this action affect States?
II. Background
    A. What is a delisting petition?
    B. What regulations allow hazardous waste generators to delist 
waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Data
    A. What waste is the subject of this amendment?
    B. How much waste did GROWS propose to delist?
    C. How did GROWS sample and analyze the waste in its petition?
IV. Public Comments on the Proposed Amendment
V. Administrative Assessments

I. Overview Information

A. What Action Is EPA Finalizing?

    After evaluating GROWS' petition, we proposed to amend the current 
GROWS' delisting to increase the maximum annual waste volume covered by 
its exclusion from 1000 cubic yards to 2000 cubic yards. See 66 FR 
38969, July 26, 2001. EPA is finalizing:
    (1) The decision to grant GROWS' petition to increase the maximum 
annual waste volume covered by its exclusion from 1000 cubic yards to 
2000 cubic yards, subject to certain conditions; and
    (2) The decision to use the Delisting Risk Assessment Software, 
which includes the EPACMPT fate and transport model, to evaluate the 
potential impact of the petitioned waste on human health and the 
environment. We used this model to predict the concentration of 
hazardous constituents released from the petitioned waste, once it is 
disposed of in a Subtitle D landfill.

B. Why Is EPA Approving This Petition for Amendment?

    GROWS petitioned EPA to exclude the increased volume of its 
wastewater treatment sludge filter cake because it does not believe, 
even at the increased volume, that the petitioned waste meets the 
criteria for which it was listed.
    GROWS also believes that the waste does not contain any other 
constituents that would render it hazardous. Review of this petition 
included consideration of the original listing criteria, as well as 
factors (including additional constituents) other than those for which 
the waste was listed, as required by the Hazardous and Solid Waste 
Amendments (HSWA) of 1984. See, section 222 of HSWA, 42 U.S.C. 6921(f), 
and 40 CFR 260.22(a)(1) and (2).
    For reasons stated in both the proposed amendment and this 
document, we believe that GROWS' wastewater treatment sludge filter 
cake should continue to be excluded from hazardous waste control at the 
increased volume. Therefore, we are granting the final amendment to 
GROWS, located in Morrisville, Pennsylvania, for its wastewater 
treatment sludge filter cake, generated at a maximum annual volume of 
2000 cubic yards.

C. What Are the Limits of This Exclusion?

    This amended exclusion applies to the waste described in the 
petition only if the requirements described in Table 1 of Appendix IX 
to part 261 of Title 40 of the Code of Federal Regulations are 
satisfied. The maximum annual volume of the wastewater treatment sludge 
filter cake is 2000 cubic yards.

D. How Will GROWS Manage the Waste Under This Exclusion?

    The wastewater treatment sludge filter cake is currently being 
disposed of in a Subtitle D landfill under the provisions of the 
existing exclusion. This final amendment will allow GROWS to dispose of 
the specified increased volume of waste in a similar manner.

E. When Is the Final Amendment Effective?

    This rule is effective December 4, 2001. HSWA amended section 3010 
of RCRA to allow rules to become effective in less than six months when 
the regulated community does not need the six-month period to come into 
compliance. That is the case here because this rule reduces, rather 
than increases, the existing requirements for persons generating 
hazardous wastes. For these same reasons, this rule can become 
effective immediately (that is, upon publication in the Federal 
Register) under the Administrative Procedure Act, pursuant to 5 U.S.C. 
553(d).

F. How Does This Action Affect States?

    Because EPA is issuing today's exclusion under the Federal RCRA 
delisting program, only States subject to Federal RCRA delisting 
provisions would be directly affected. This would exclude two 
categories of States: States having a dual system that includes Federal 
RCRA requirements and their own requirements, and States who have 
received EPA's authorization to make their own delisting decisions. We 
describe these two situations below.
    We allow states to impose their own non-RCRA regulatory 
requirements that are more stringent than EPA's, under Section 3009 of 
RCRA. These more stringent requirements may include a

[[Page 62974]]

provision that prohibits a Federally issued exclusion from taking 
effect in the State, or that prohibits a Federally issued exclusion 
from taking effect in the State until the State approves the exclusion 
through a separate State administrative action. Because a dual system 
(that is, both Federal and State programs) may regulate a petitioner's 
waste, we urge petitioners to contact the applicable State regulatory 
authorities or agencies to establish the status of their waste under 
that State's program.
    We have also authorized some States (for example, Delaware and 
Pennsylvania) to administer a delisting program in place of the Federal 
program; that is, to make State delisting decisions. Therefore, this 
exclusion does not necessarily apply within those authorized States. If 
GROWS transports the petitioned waste to, or manages the waste in, any 
State with delisting authorization, GROWS must obtain delisting 
approval from that State before it can manage the waste as nonhazardous 
in that State.
    Today, we are finalizing GROWS' petition for amendment, even though 
the GROWS' facility is located in a State which has recently been 
granted authorization for the delisting program, and with the knowledge 
that the amended exclusion is not automatically effective in a State 
authorized by EPA to make delisting decisions. Nevertheless, we take 
this action for the following reasons.
    GROWS was granted its current Federal delisting exclusion on August 
20, 1991 (56 FR 41286). For reasons described elsewhere in this 
preamble, on June 12, 2000, GROWS petitioned EPA for an amendment to 
this exclusion. This petition was received prior to November 27, 2000, 
the effective date of Pennsylvania's delisting authorization. Upon 
receiving the GROWS' petition, we began our evaluation of it in 
consultation with the Pennsylvania Department of Environmental 
Protection.
    The evaluation of this petition was performed using a significant 
improvement to the methodology previously used by EPA to evaluate risk, 
as described in detail in the July 26, 2001 proposed amendment (66 FR 
38969). The process of amendment also provides an opportunity to update 
other conditions of the current exclusion.
    In order for this amendment to be effective in an authorized State, 
that State must adopt this amendment through its State administrative 
process.

II. Background

A. What Is a Delisting Petition?

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

B. What Regulations Allow Hazardous Waste Generators to Delist Waste?

    Under 40 CFR 260.20 and 260.22, a generator may petition EPA to 
remove its waste from hazardous waste control by excluding it from the 
lists of hazardous wastes contained in 40 CFR 261.31, 261.32 and 
261.33. Specifically, 40 CFR 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of parts 260 through 
266, 268 and 273 of Title 40 of the Code of Federal Regulations. 40 CFR 
260.22 provides generators the opportunity to petition the 
Administrator to exclude a waste on a ``generator-specific'' basis from 
the hazardous waste lists. A generator can petition EPA for an 
amendment to an existing exclusion under these same provisions of the 
Code of Federal Regulations.

C. What Information Must the Generator Supply?

    A petitioner must provide sufficient information to allow EPA to 
determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. In 
addition, the Administrator must determine that the waste is not 
hazardous for any other reason.

III. EPA's Evaluation of the Waste Data

A. What Waste Is the Subject of This Amendment?

    GROWS operates a commercial landfill and wastewater treatment plant 
in Morrisville, Pennsylvania. On November 13, 1986, GROWS petitioned 
EPA under the provisions in 40 CFR 260.20 and 260.22 to exclude from 
hazardous waste regulation a wastewater treatment sludge filter cake 
derived from the treatment of landfill leachate. This leachate 
originates, in part, from its closed landfill containing a mixture of 
solid wastes and hazardous wastes. The wastewater treatment plant also 
treats non-hazardous leachate from non-hazardous waste landfills.
    A full description of these wastes and the Agency's evaluation of 
the 1986 GROWS' petition are contained in the ``Proposed Rule and 
Request for Comments'' published in the Federal Register on September 
17, 1990 (55 FR 38090).
    After evaluating public comment on the proposed rule, we published 
a final decision in the Federal Register on August 20, 1991 (56 FR 
41286), to exclude GROWS' wastewater treatment sludge filter cake 
derived from the treatment of EPA Hazardous Waste No. F039 (multi-
source leachate) from the list of hazardous wastes found in 40 CFR 
261.31.
    EPA's final decision in 1991 was conditioned on the volume of waste 
identified in the 1986 GROWS' petition. Specifically, the exclusion 
granted by EPA is limited to a maximum annual volume of 1000 cubic 
yards. Any additional waste volume in excess of this limit generated by 
GROWS in a calendar year had to be managed as hazardous waste.

B. How Much Waste Did GROWS Propose To Delist?

    As a result of an increase in wastewater treatment sludge filter 
cake production associated with an increase in the efficiency of the 
wastewater treatment operation, GROWS petitioned EPA on June 12, 2000, 
for an amendment to its August 20, 1991 final exclusion. In its 
petition, GROWS requested an increase in the maximum annual waste 
volume that is covered by its exclusion from 1000 cubic yards to 2000 
cubic yards.

C. How Did GROWS Sample and Analyze the Waste in Its Petition?

    The exclusion which we granted to GROWS on August 20, 1991, is a 
conditional exclusion. In order for its exclusion to remain effective, 
GROWS must verify that its waste meets prescribed delisting levels.
    To support its petition for amendment, GROWS submitted its 
verification testing results from the past two years to EPA. This 
submission consisted of the results of twenty-seven (27) analyses 
conducted on samples collected for the time period from December 15, 
1997, until December 10, 1999.
    The verification testing program prescribed by EPA in the August 
20, 1991 exclusion requires GROWS to analyze metal constituents using 
the Toxicity Characteristic Leaching Procedure (TCLP), cyanide using a 
distilled water leaching procedure, and organics using total 
constituent analysis.
    In addition to the two most recent years of verification testing 
results mentioned above, we also requested that GROWS submit the 
results of total constituent analyses for a minimum of four samples for 
the inorganic

[[Page 62975]]

constituents. This was necessary because both total constituent 
analysis data and leachate data are now used in assessing the potential 
risk from disposal of a petitioned waste, and there is no reliable way 
to estimate actual total constituent concentrations of the inorganic 
constituents from leachate data.
    Because the verification testing program specified by the current 
exclusion for GROWS does not require TCLP testing for organic 
constituents, we evaluated this request for an amendment by calculating 
theoretical maximum leachate concentrations for the organic 
constituents by applying the most conservative assumption. The 
procedure for determining the theoretical maximum leachate 
concentrations from total constituent analysis concentrations is 
described in the proposed amendment. See 66 FR 38969, July 26, 2001.

IV. Public Comments on the Proposed Amendment

    We received no public comments on the GROWS' proposed amendment.

V. Administrative Assessments

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a rule of general applicability and therefore is not a 
``regulatory action'' subject to review by the Office of Management and 
Budget. Because this action is a rule of particular applicability 
relating to a particular facility, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202, 203, and 205 of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because the rule will affect 
only one facility, it will not significantly or uniquely affect small 
governments, as specified in section 203 of UMRA, or communities of 
Indian tribal governments, as specified in Executive Order 13175 (65 FR 
67249, November 6, 2000). For the same reason, this rule will not 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, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 
rule also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant.
    This rule does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272) do not apply. This rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq. as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not 
required to submit a rule report regarding today's action under section 
801 because this is a rule of particular applicability.

List of Subjects in 40 CFR Part 261

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

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

    Dated: November 26, 2001.
Donald S. Welsh,
Regional Administrator, Region III.

    For the reasons set forth in the preamble, 40 CFR Part 261 is 
amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

Appendix IX of Part 261--[Amended]

    2. In Table 1 of Appendix IX of Part 261, the entry for 
``Geological Reclamation Operations and Waste Systems, Inc., 
Morrisville, PA'' is revised to read as follows:

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

[[Page 62976]]



                               Table 1--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
             Facility                             Address                           Waste description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Geological Reclamation Operations   Morrisville, Pennsylvania.........  Wastewater treatment sludge filter cake
 and Waste Systems, Inc.                                                 from the treatment of EPA Hazardous
                                                                         Waste No. F039, generated at a maximum
                                                                         annual rate of 2000 cubic yards, after
                                                                         December 4, 2001, and disposed of in a
                                                                         Subtitle D landfill. The exclusion
                                                                         covers the filter cake resulting from
                                                                         the treatment of hazardous waste
                                                                         leachate derived from only ``old''
                                                                         GROWS and non-hazardous leachate
                                                                         derived from only non-hazardous waste
                                                                         sources. The exclusion does not address
                                                                         the waste disposed of in the ``old''
                                                                         GROWS' Landfill or the grit generated
                                                                         during the removal of heavy solids from
                                                                         the landfill leachate. To ensure that
                                                                         hazardous constituents are not present
                                                                         in the filter cake at levels of
                                                                         regulatory concern, GROWS must
                                                                         implement a testing program for the
                                                                         petitioned waste. This testing program
                                                                         must meet the conditions listed below
                                                                         in order for the exclusion to be valid:
                                                                        (1) Testing: Sample collection and
                                                                         analyses, including quality control
                                                                         (QC) procedures, must be performed
                                                                         according to SW-846 methodologies.
                                                                        (A) Sample Collection: Each batch of
                                                                         waste generated over a four-week period
                                                                         must be collected in containers with a
                                                                         maximum capacity of 20-cubic yards. At
                                                                         the end of the four-week period, each
                                                                         container must be divided into four
                                                                         quadrants and a single, full-depth core
                                                                         sample shall be collected from each
                                                                         quadrant. All of the full-depth core
                                                                         samples then must be composited under
                                                                         laboratory conditions to produce one
                                                                         representative composite sample for the
                                                                         four-week period.
                                                                        (B) Sample Analysis: Each four-week
                                                                         composite sample must be analyzed for
                                                                         all of the constituents listed in
                                                                         Condition (3). The analytical data,
                                                                         including quality control information,
                                                                         must be submitted to The Waste and
                                                                         Chemicals Management Division, U.S. EPA
                                                                         Region III, 1650 Arch Street,
                                                                         Philadelphia, PA 19103, and the
                                                                         Pennsylvania Department of
                                                                         Environmental Protection, Bureau of
                                                                         Land Recycling and Waste Management,
                                                                         Rachel Carson State Office Building,
                                                                         400 Market Street, 14th Floor,
                                                                         Harrisburg, PA 17105. Data from the
                                                                         annual verification testing must be
                                                                         compiled and submitted to EPA and the
                                                                         Pennsylvania Department of
                                                                         Environmental Protection within sixty
                                                                         (60) days from the end of the calendar
                                                                         year. All data must be accompanied by a
                                                                         signed copy of the statement set forth
                                                                         in 40 CFR 260.22(i)(12) to certify to
                                                                         the truth and accuracy of the data
                                                                         submitted. Records of operating
                                                                         conditions and analytical data must be
                                                                         compiled, summarized, and maintained on-
                                                                         site for a minimum of three years and
                                                                         must be furnished upon request by any
                                                                         employee or representative of EPA or
                                                                         the Pennsylvania Department of
                                                                         Environmental Protection, and made
                                                                         available for inspection.
                                                                        (2) Waste Holding: The dewatered filter
                                                                         cake must be stored as hazardous until
                                                                         the verification analyses are
                                                                         completed. If the four-week composite
                                                                         sample does not exceed any of the
                                                                         delisting levels set forth in Condition
                                                                         (3), the filter cake waste
                                                                         corresponding to this sample may be
                                                                         managed and disposed of in accordance
                                                                         with all applicable solid waste
                                                                         regulations. If the four-week composite
                                                                         sample exceeds any of the delisting
                                                                         levels set forth in Condition (3), the
                                                                         filter cake waste generated during the
                                                                         time period corresponding to the four-
                                                                         week composite sample must be retreated
                                                                         until it meets these levels (analyses
                                                                         must be repeated) or managed and
                                                                         disposed of in accordance with Subtitle
                                                                         C of RCRA. Filter cake which is
                                                                         generated but for which analyses are
                                                                         not complete or valid must be managed
                                                                         and disposed of in accordance with
                                                                         Subtitle C of RCRA, until valid
                                                                         analyses demonstrate that the waste
                                                                         meets the delisting levels.
                                                                        (3) Delisting Levels: If the
                                                                         concentrations in the four-week
                                                                         composite sample of the filter cake
                                                                         waste for any of the hazardous
                                                                         constituents listed below exceed their
                                                                         respective maximum allowable
                                                                         concentrations (mg/l or mg/kg) also
                                                                         listed below, the four-week batch of
                                                                         failing filter cake waste must either
                                                                         be retreated until it meets these
                                                                         levels or managed and disposed of in
                                                                         accordance with Subtitle C of RCRA.
                                                                         GROWS has the option of determining
                                                                         whether the filter cake waste exceeds
                                                                         the maximum allowable concentrations
                                                                         for the organic constituents by either
                                                                         performing the analysis on a TCLP
                                                                         leachate of the waste or performing
                                                                         total constituent analysis on the
                                                                         waste, and then comparing the results
                                                                         to the corresponding maximum allowable
                                                                         concentration level.
                                                                       -----------------------------------------


[[Page 62977]]


 
                                                                                              Maximum Allowable Leachate
                                                                      (A) Inorganics                 Conc. (mg/l)
 
                                                                Constituent:
                                                                  Arsenic.................  3.00e-01
                                                                  Barium..................  2.34e+01
                                                                  Cadmium.................  1.80e-01
                                                                  Chromium................  5.00e+00
                                                                  Lead....................  5.00e+00
                                                                  Mercury.................  7.70e-02
                                                                  Nickel..................  9.05e+00
                                                                  Selenium................  6.97e-01
                                                                  Silver..................  1.23e+00
                                                                  Cyanide.................  4.33e+00
                                                                  Cyanide extractions must
                                                                   be conducted using
                                                                   distilled water in
                                                                   place of the leaching
                                                                   media specified in the
                                                                   TCLP procedure.
                                                                 ---------------------------------------------------------------------------------------
 


 
                                                                                              Maximum allowable leachate   Maximum allowable total conc.
                                                                       (B) Organics                  conc. (mg/l)                     (mg/kg)
 
                                                                Constituent:
                                                                  Acetone.................  2.28e+01                       4.56e+02
                                                                  Acetonitrile............  3.92e+00                       7.84e+01
                                                                  Acetophenone............  2.28e+01                       4.56e+02
                                                                  Acrolein................  1.53e+03                       3.06e+04
                                                                  Acrylonitrile...........  7.80e-03                       1.56e-01
                                                                  Aldrin..................  5.81e-06                       1.16e-04
                                                                  Aniline.................  7.39e-01                       1.48e+01
                                                                  Anthracene..............  8.00e+00                       1.60e+02
                                                                  Benz(a)anthracene.......  1.93e-04                       3.86e-03
                                                                  Benzene.................  1.45e-01                       2.90e+00
                                                                  Benzo(a)pyrene..........  1.18e-05                       2.36e-04
                                                                  Benzo(b)fluoranthene....  1.07e-04                       2.14e-03
                                                                  Benzo(k)fluoranthene....  1.49e-03                       2.98e-02
                                                                  Bis(2-chloroethyl)ether.  3.19e-02                       6.38e-01
                                                                  Bis(2-                    8.96e-02                       1.79e+00
                                                                   ethylhexyl)phthalate.
                                                                  Bromodichloromethane....  6.80e-02                       1.36e+00
                                                                  Bromoform                 5.33e-01                       1.07e+01
                                                                   (Tribromomethane).
                                                                  Butyl-4,6-dinitrophenol,  2.28e-01                       4.56e+00
                                                                   2-sec-(Dinoseb).
                                                                  Butylbenzylphthalate....  9.29e+00                       1.86e+02
                                                                  Carbon disulfide........  2.28e+01                       4.56e+02
                                                                  Carbon tetrachloride....  4.50e-02                       9.00e-01
                                                                  Chlordane...............  5.11e-04                       1.02e-02
                                                                  Chloro-3-methylphenol 4-  2.97e+02                       5.94e+03
                                                                  Chloroaniline, p-.......  9.14e-01                       1.83e+01
                                                                  Chlorobenzene...........  6.08e+00                       1.22e+02
                                                                  Chlorobenzilate.........  4.85e-02                       9.70e-01
                                                                  Chlorodibromomethane....  5.02e-02                       1.00e+00
                                                                  Chloroform..............  7.79e-02                       1.56e+00
                                                                  Chlorophenol, 2-........  1.14e+00                       2.28e+01
                                                                  Chrysene................  2.04e-02                       4.08e-01
                                                                  Cresol..................  1.14e+00                       2.28e+01
                                                                  DDD.....................  5.83e-04                       1.17e-02
                                                                  DDE.....................  1.37e-04                       2.74e-03
                                                                  DDT.....................  2.57e-04                       5.14e-03
                                                                  Dibenz(a,h)anthracene...  5.59e-06                       1.12e-04
                                                                  Dibromo-3-chloropropane,  3.51e-03                       7.02e-02
                                                                   1,2-.
                                                                  Dichlorobenzene 1,3-....  9.35e+00                       1.87e+02
                                                                  Dichlorobenzene, 1,2-...  1.25e+01                       2.50e+02
                                                                  Dichlorobenzene, 1,4-...  1.39e-01                       2.78e+00
                                                                  Dichlorobenzidine, 3,3'-  9.36e-03                       1.87e-01
                                                                  Dichlorodifluoromethane.  4.57e+01                       9.14e+02
                                                                  Dichloroethane, 1,1-....  1.20e+00                       2.40e+01
                                                                  Dichloroethane, 1,2-....  2.57e-03                       5.14e-02
                                                                  Dichloroethylene, 1,1-..  7.02e-03                       1.40e-01
                                                                  Dichloroethylene, trans-  4.57e+00                       9.14e+01
                                                                   1,2-.
                                                                  Dichlorophenol, 2,4-....  6.85e-01                       1.37e+01
                                                                  Dichlorophenoxyacetic     2.28e+00                       4.56e+01
                                                                   acid, 2,4-(2,4-D).
                                                                  Dichloropropane, 1,2-...  1.14e-01                       2.28e+00
                                                                  Dichloropropene, 1,3-...  2.34e-02                       4.68e-01
                                                                  Dieldrin................  6.23e+01                       1.25e+03
                                                                  Diethyl phthalate.......  2.21e+02                       4.42e+03
                                                                  Dimethoate..............  6.01e+01                       1.20e+03

[[Page 62978]]

 
                                                                  Dimethyl phthalate......  1.20e+02                       2.40e+03
                                                                  Dimethylbenz(a)anthracen  1.55e-06                       3.10e-05
                                                                   e, 7,12-.
                                                                  Dimethylphenol, 2,4-....  4.57e+00                       9.14e+01
                                                                  Di-n-butyl phthalate....  5.29e+00                       1.06e+02
                                                                  Dinitrobenzene, 1,3-....  2.28e-02                       4.56e-01
                                                                  Dinitromethylphenol, 4,6- 2.16e-02                       4.32e-01
                                                                   ,2-.
                                                                  Dinitrophenol, 2,4-.....  4.57e-01                       9.14e+00
                                                                  Dinitrotoluene, 2,6-....  6.54e-03                       1.31e-01
                                                                  Di-n-octyl phthalate....  1.12e-02                       2.24e-01
                                                                  Dioxane, 1,4-...........  3.83e-01                       7.66e+00
                                                                  Diphenylamine...........  3.76e+00                       7.52e+01
                                                                  Disulfoton..............  3.80e+02                       7.60e+03
                                                                  Endosulfan..............  1.37e+00                       2.74e+01
                                                                  Endrin..................  2.00e-02                       4.00e-01
                                                                  Ethylbenzene............  1.66e+01                       3.32e+02
                                                                  Ethylene Dibromide......  4.13e-03                       8.26e-02
                                                                  Fluoranthene............  5.16e-01                       1.03e+01
                                                                  Fluorene................  1.78e+00                       3.56e+01
                                                                  Heptachlor..............  8.00e-03                       1.60e-01
                                                                  Heptachlor epoxide......  8.00e-03                       1.60e-01
                                                                  Hexachloro-1,3-butadiene  9.61e-03                       1.92e-01
                                                                  Hexachlorobenzene.......  9.67e-05                       1.93e-03
                                                                  Hexachlorocyclohexane,    4.00e-01                       8.00e+00
                                                                   gamma-(Lindane).
                                                                  Hexachlorocyclopentadien  1.66e+04                       3.32e+05
                                                                   e.
                                                                  Hexachloroethane........  1.76e-01                       3.52e+00
                                                                  Hexachlorophene.........  3.13e-04                       6.26e-03
                                                                  Indeno(1,2,3-cd) pyrene.  6.04e-05                       1.21e-03
                                                                  Isobutyl alcohol........  6.85e+01                       1.37e+03
                                                                  Isophorone..............  4.44e+00                       8.88e+01
                                                                  Methacrylonitrile.......  2.28e-02                       4.56e-01
                                                                  Methoxychlor............  1.00e+01                       2.00e+02
                                                                  Methyl bromide            1.28e+02                       2.56e+03
                                                                   (Bromomethane).
                                                                  Methyl chloride           1.80e-01                       3.60e+00
                                                                   (Chloromethane).
                                                                  Methyl ethyl ketone.....  1.37e+02                       2.74e+03
                                                                  Methyl isobutyl ketone..  1.83e+01                       3.66e+02
                                                                  Methyl methacrylate.....  1.03e+03                       2.06e+04
                                                                  Methyl parathion........  1.27e+02                       2.54e+03
                                                                  Methylene chloride......  2.88e-01                       5.76e+00
                                                                  Naphthalene.............  1.50e+00                       3.00e+01
                                                                  Nitrobenzene............  1.14e-01                       2.28e+00
                                                                  Nitrosodiethylamine.....  2.81e-05                       5.62e-04
                                                                  Nitrosodimethylamine....  8.26e-05                       1.65e-03
                                                                  Nitrosodi-n-butylamine..  7.80e-04                       1.56e-02
                                                                  N-Nitrosodi-n-            6.02e-04                       1.20e-02
                                                                   propylamine.
                                                                  N-Nitrosodiphenylamine..  8.60e-01                       1.72e+01
                                                                  N-Nitrosopyrrolidine....  2.01e-03                       4.02e-02
                                                                  Pentachlorobenzene......  1.15e-02                       2.30e-01
                                                                  Pentachloronitrobenzene   5.00e-03                       1.00e-01
                                                                   (PCNB).
                                                                  Pentachlorophenol.......  4.10e-03                       8.20e-02
                                                                  Phenanthrene............  2.09e-01                       4.18e+00
                                                                  Phenol..................  1.37e+02                       2.74e+03
                                                                  Polychlorinated           3.00e-05                       6.00e-04
                                                                   biphenyls.
                                                                  Pronamide...............  1.71e+01                       3.42e+02
                                                                  Pyrene..................  3.96e-01                       7.92e+00
                                                                  Pyridine................  2.28e-01                       4.56e+00
                                                                  Styrene.................  6.08e+00                       1.22e+02
                                                                  Tetrachlorobenzene,       9.43e-03                       1.89e-01
                                                                   1,2,4,5-.
                                                                  Tetrachloroethane,        4.39e-01                       8.78e+00
                                                                   1,1,2,2-.
                                                                  Tetrachloroethylene.....  8.55e-02                       1.71e+00
                                                                  Tetrachlorophenol,        1.81e+00                       3.62e+01
                                                                   2,3,4,6-.
                                                                  Tetraethyl                3.01e+05                       6.02e+06
                                                                   dithiopyrophosphate
                                                                   (Sulfotep).
                                                                  Toluene.................  4.57e+01                       9.14e+02
                                                                  Toxaphene...............  5.00e-01                       1.00e+01
                                                                  Trichlorobenzene, 1,2,4-  7.24e-01                       1.45e+01
                                                                  Trichloroethane, 1,1,1-.  7.60e+00                       1.52e+02
                                                                  Trichloroethane, 1,1,2-.  7.80e-02                       1.56e+00
                                                                  Trichloroethylene.......  3.04e-01                       6.08e+00
                                                                  Trichlorofluoromethane..  6.85e+01                       1.37e+03
                                                                  Trichlorophenol, 2,4,5-.  9.16e+00                       1.83e+02
                                                                  Trichlorophenol, 2,4,6-.  2.76e-01                       5.52e+00
                                                                  Trichlorophenoxyacetic    2.28e+00                       4.56e+01
                                                                   acid, 2,4,5-(245-T).
                                                                  Trichlorophenoxypropioni  1.00e+00                       2.00e+01
                                                                   c acid, 2,4,5-(Silvex).

[[Page 62979]]

 
                                                                  Trichloropropane, 1,2,3-  7.69e-04                       1.54e-02
                                                                  Trinitrobenzene, sym-...  6.49e+00                       1.30e+02
                                                                  Vinyl chloride..........  2.34e-03                       4.68e-02
                                                                  Xylenes (total).........  3.20e+02                       6.40e+03
                                                               -----------------------------------------------------------------------------------------
 


                                                                 (4) Changes in Operating Conditions: If GROWS
                                                                  significantly changes the treatment process or
                                                                  the chemicals used in the treatment process,
                                                                  GROWS may not manage the treatment sludge
                                                                  filter cake generated from the new process
                                                                  under this exclusion until it has met the
                                                                  following conditions: (a) GROWS must
                                                                  demonstrate that the waste meets the delisting
                                                                  levels set forth in Paragraph 3; (b) it must
                                                                  demonstrate that no new hazardous constituents
                                                                  listed in Appendix VIII of Part 261 have been
                                                                  introduced into the manufacturing or treatment
                                                                  process: and (c) it must obtain prior written
                                                                  approval from EPA and the Pennsylvania
                                                                  Department of Environmental Protection to
                                                                  manage the waste under this exclusion.
                                                                 (5) Reopener:
                                                                 (a) If GROWS discovers that a condition at the
                                                                  facility or an assumption related to the
                                                                  disposal of the excluded waste that was
                                                                  modeled or predicted in the petition does not
                                                                  occur as modeled or predicted, then GROWS must
                                                                  report any information relevant to that
                                                                  condition, in writing, to the Regional
                                                                  Administrator or his delegate and to the
                                                                  Pennsylvania Department of Environmental
                                                                  Protection within 10 days of discovering that
                                                                  condition.
                                                                 (b) Upon receiving information described in
                                                                  paragraph (a) of this section, regardless of
                                                                  its source, the Regional Administrator or his
                                                                  delegate and the Pennsylvania Department of
                                                                  Environmental Protection will determine
                                                                  whether the reported condition requires
                                                                  further action. Further action may include
                                                                  repealing the exclusion, modifying the
                                                                  exclusion, or other appropriate response
                                                                  necessary to protect human health and the
                                                                  environment.
 
*                  *                  *                  *                  *                  *
                                                        *
 

[FR Doc. 01-29966 Filed 12-3-01; 8:45 am]
BILLING CODE 6560-50-P