[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Proposed Rules]
[Pages 10341-10353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5314]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-7153-3]


Hazardous Waste Management System; Proposed Exclusions for 
Identifying and Listing Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rules and request for comment.

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SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is 
proposing to exclude (or ``delist'') wastewater treatment plant sludge 
(from conversion coating on aluminum) generated by 11 automobile 
assembly facilities in the State of Michigan from the lists of 
hazardous wastes. The facilities include three plants owned and 
operated by General Motors Corporation (GM)(Pontiac East-Pontiac, 
Hamtramck-Detroit, Flint Truck-Flint), one plant owned and operated by 
GM with an onsite wastewater treatment plant owned by the City of 
Lansing and operated by Trigen/Cinergy-USFOS of Lansing LLC (Lansing 
Grand River-Lansing), three plants owned and operated by Ford Motor 
Company (Wixom Assembly Plant-Wixom, Michigan Truck/Wayne Integrated 
Stamping and Assembly Plant-Wayne, Dearborn Assembly-Dearborn), one 
plant owned and operated by Auto Alliance International Inc. (AAI), a 
Ford/Mazda joint venture company (Auto Alliance International Inc.-Flat 
Rock), and three plants owned and operated by DaimlerChrysler 
Corporation (Sterling Heights Assembly Plant-Sterling Heights, Warren 
Truck Plant-Warren, Jefferson North Assembly Plant-Jefferson).
    The Agency is proposing to use an expedited process to evaluate 
these wastes under a pilot project developed with the Michigan 
Department of Environmental Quality (MDEQ). EPA requests comments on 
the pilot project. Each of these 11 facilities voluntarily requested to 
participate in the pilot project. Based on its evaluation of historical 
data, the Agency has

[[Page 10342]]

tentatively decided to grant an exclusion for each of these facilities, 
conditioned in part upon the facility's demonstration that the waste is 
nonhazardous. These proposed decisions, if finalized, will 
conditionally exclude these wastes from the requirements of hazardous 
waste regulations under the Resource Conservation and Recovery Act 
(RCRA).

DATES: We will accept public comments on these proposed decisions until 
April 22, 2002. We will stamp comments postmarked after the close of 
the comment period as ``late.'' These ``late'' comments may not be 
considered in formulating a final decision. Comments which are meant to 
relate to a single facility or a subset of the 11 facilities must 
identify the facility(s) to which the comment applies.
    Any person may request a hearing on any of these proposed decisions 
by filing a request with Robert Springer, Director, Waste, Pesticides 
and Toxics Division (D-8J), EPA Region 5, 77 W. Jackson Blvd., Chicago, 
Illinois 60604. Your request for a hearing must reach EPA by March 22, 
2002. The request must contain the information prescribed in 40 CFR 
260.20(d).

ADDRESSES:  Please send two copies of your comments to Todd Ramaly, 
Waste Management Branch (DW-8J), EPA Region 5, 77 W. Jackson Blvd., 
Chicago, IL, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: The docket for these proposed rules is 
located at 77 W. Jackson Blvd., Chicago, IL 60604, and is available for 
viewing from 8 a.m. to 4 p.m., Monday through Friday, excluding federal 
holidays. The public may copy material from the docket at $0.15 per 
page. For technical information concerning this document or to make 
appointment to view the docket, contact Todd Ramaly at the address 
above or at 312-353-9317.

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

I. Overview
    A. What action is EPA proposing?
    B. Why is EPA proposing to grant, on an expedited basis, these 
delistings?
    C. What is unique about today's proposals?
II. Background
    A. What is the history of the delisting program?
    B. What is a delisting petition, and what does it require of a 
petitioner?
    C. What factors must EPA consider in deciding whether to grant a 
delisting petition?
    D. How will these actions affect the States?
III. The Expedited Delisting Project
    A. What is the Expedited Delisting Project?
    B. Does the project amend EPA's delisting petition regulations?
    C. Who is eligible to participate in the project?
    D. How does the project address wastes not yet generated?
    E. What is the standard automotive assembly plant process that 
generates F019 waste?
    F. What information will each facility submit under the project?
    G. What is required by the project's sampling and analysis plan?
    H. When would EPA finalize the proposed delistings?
    I. What support is MDEQ providing EPA in implementing the 
project?
IV. EPA's Evaluation of Waste Information and Data
    A. What information and analyses did EPA consider in developing 
these proposed delistings?
    B. How did EPA establish risk levels for these wastes?
    C. What are the maximum allowable concentrations of hazardous 
constituents in the waste?
    D. How will EPA evaluate the exclusion demonstration?
V. Conditions for Exclusion
    A. How will the petitioners manage the waste if it is delisted?
    B. How frequently must each facility test the waste?
    C. What must the facility do if the process changes?
    D. What happens if a facility's waste fails to meet the 
conditions of the exclusion?
VI. Regulatory Impact
VII. Regulatory Flexibility Act
VIII. Paperwork Reduction Act
IX. Unfunded Mandates Reform Act
X. Executive Order 12875
XI. Executive Order 13045
XII. Executive Order 13084
XIII. National Technology Transfer And Advancement Act

I. Overview

A. What Action Is EPA Proposing?

    The EPA is tentatively proposing to grant petitions to exclude, or 
delist, from the definition of hazardous waste, wastewater treatment 
sludge generated at 11 automotive assembly facilities in Michigan. As a 
pilot project, the EPA proposes to exclude these wastes using an 
expedited process. Prior to finalizing our decision, we will compare 
constituent levels in the waste to maximum allowable concentration 
levels established by a fate and transport model.

B. Why Is EPA Proposing To Grant, on an Expedited Basis, These 
Delistings?

    Automobile manufacturers are adding aluminum to automobiles, which 
may result in increased fuel economy. However, when aluminum is 
conversion coated in the automobile assembly process, the resulting 
wastewater treatment sludge must be managed as hazardous waste (listed 
as ``F019''). Previously, EPA granted has petitions to delist F019 
waste at automobile assembly plants. Based on available historical data 
and other information, EPA believes that a number of automotive 
assembly plants use a similar manufacturing process which generates a 
similar F019 waste likely to be nonhazardous. This similarity of 
manufacturing processes and the resultant wastes provides an 
opportunity for the automobile industry to be more efficient in 
submitting delisting petitions and EPA in evaluating them. Efficiency 
may be gained and time saved by using standardized approaches for 
gathering, submitting and evaluating data. Therefore, EPA, in 
conjunction with MDEQ, developed a pilot project to expedite the 
delisting process. EPA believes that the project will be a more 
efficient way of making delisting determinations for this group of 
facilities. At the same time, EPA believes that these delisting 
determinations will be consistent with current laws and regulations and 
will be protective of human health and the environment.

C. What Is Unique About Today's Proposals?

    Today's proposals, while consistent with the delisting petition 
regulations at 40 CFR 260.20 and 260.22, are unique in several 
important ways. Specifically, we are taking a standardized approach for 
the evaluation of petitions from multiple automotive assembly plants. 
In addition, EPA is identifying constituents of concern based on 
available historical data from waste generated at automotive assembly 
plants. Once the petitioner submits the analytical results of 
demonstration samples under Sec. 260.22, EPA will determine whether the 
waste meets the maximum allowable concentration levels set forth in 
this proposal. Generally, EPA identifies constituents of concern for a 
particular facility from an analysis of its waste rather than relying 
on industry-wide historical data. By participating in the project, 
facilities agree that, if their waste is excluded, it must be disposed 
in a Subtitle D landfill with a liner and a leachate collection system. 
Typically, EPA only requires that excluded waste be disposed in a 
Subtitle D landfill, which may include older facilities that are 
unlined and without a leachate collection system. Finally, while we 
usually propose delistings one at a time, today we are proposing to 
simultaneously grant delistings for multiple facilities.
    In addition to the proposed delistings, EPA is requesting comment 
on the pilot

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project to expedite these delistings, which is described in section 
III, below.

II. Background

A. What Is the History of the Delisting Program?

    The EPA published an amended list of hazardous wastes from 
nonspecific and specific sources on January 16, 1981, as part of its 
final and interim final regulations implementing section 3001 of RCRA. 
The EPA has amended this list several times and published it in 40 CFR 
261.31 and 261.32.
    We list these wastes as hazardous because: (1) they typically and 
frequently exhibit one or more of the characteristics of hazardous 
wastes identified in subpart C of part 261 (that is, ignitability, 
corrosivity, reactivity, and toxicity) or (2) they meet the criteria 
for listing contained in Sec. 261.11(a)(2) or (3).
    Individual waste streams may vary depending on raw materials, 
industrial processes, and other factors. Thus, while a waste described 
in these regulations generally is hazardous, a specific waste from an 
individual facility that meets the listing description may not be.
    For this reason, Secs. 260.20 and 260.22 provide an exclusion 
procedure, called delisting, which allows a person to demonstrate that 
EPA should not regulate a specific waste from a particular generating 
facility as a hazardous waste.

B. What Is a Delisting Petition, and What Does It Require of a 
Petitioner?

    A delisting petition is a request from a facility to EPA or an 
authorized state to exclude wastes from the list of hazardous wastes. 
The petitioner must show that the waste generated at a particular 
facility does not meet any of the criteria for listed wastes. The 
criteria for which EPA lists a waste are in 40 CFR 261.11 and in the 
background documents for the listed wastes.
    In addition, a petitioner must demonstrate that the waste does not 
exhibit any of the hazardous waste characteristics and must present 
sufficient information for us to decide whether factors other than 
those for which the waste was listed warrant retaining it as a 
hazardous waste. (40 CFR 260.22, 42 U.S.C. 6921(f) and the background 
documents for a listed waste.)
    Once a waste has been delisted, a generator remains obligated under 
RCRA to confirm that its waste remains nonhazardous.

C. What Factors Must EPA Consider in Deciding Whether To Grant a 
Delisting Petition?

    Besides considering the criteria in 40 CFR 260.22(a), 42 U.S.C. 
6921(f), and in the background documents for the listed wastes, EPA 
must consider any factors (including additional constituents) other 
than those for which we listed the waste if these additional factors 
could cause the waste to be hazardous. (See The Hazardous and Solid 
Waste Amendments (HSWA) of 1984.)
    EPA must also consider mixtures containing listed hazardous wastes 
and wastes derived from treatment of listed hazardous waste as 
hazardous wastes. See 40 CFR 261.3(a)(2)(iv) and (c)(2)(i), called the 
``mixture'' and ``derived-from'' rules, respectively. These wastes are 
also eligible for exclusion but remain hazardous wastes until excluded.

D. How Will These Actions Affect States?

    Because EPA is proposing today's exclusions under the federal RCRA 
delisting program, only states subject to federal RCRA delisting 
provisions would be affected. These exclusions may not be effective in 
states having a dual system that includes federal RCRA requirements and 
their own requirements, or in states which have received our 
authorization to make their own delisting decisions.
    EPA allows states to impose their own non-RCRA regulatory 
requirements that are more stringent than EPA's, under section 3009 of 
RCRA. These more stringent requirements may include a provision that 
prohibits a federally issued exclusion from taking effect in the state. 
Because a dual system (that is, both federal (RCRA) and state (non-
RCRA) programs) may regulate a petitioner's waste, we urge the 
petitioners to contact the state regulatory authority to establish the 
status of its waste under the state law.
    EPA has also authorized some states to administer a delisting 
program in place of the federal program, that is, to make state 
delisting decisions. Therefore, this exclusion does not apply in those 
authorized states. If a facility transports the petitioned waste to or 
manages the waste in any state with delisting authorization, it must 
obtain a delisting from that state before the facility can manage the 
waste as nonhazardous in that state.

III. The Expedited Delisting Project

A. What Is the Expedited Delisting Project?

    On December 21, 2001, EPA signed a Memorandum of Understanding with 
the MDEQ to implement the pilot project titled: ``Expedited Delisting 
of Aluminum Phosphating Sludge for Automobile Assembly Operations'' 
(hereinafter the ``Expedited Delisting Project'' or ``project''). In 
February 2002, the Agencies amended the Memorandum of Understanding to 
modify the eligibility requirements. A copy of the Amended Memorandum 
of Understanding (MOU) is available in the docket for these proposed 
rules. The Agencies agreed to implement the terms of the MOU as a five-
year project. The purpose of the project is to more efficiently process 
delisting petitions from automobile assembly plants that generate F109 
waste without using the hazardous constituents for which F019 was 
originally listed. The similarity of waste at these automotive assembly 
plants gives EPA and industry an opportunity to be more efficient.
    EPA and MDEQ developed the project under the ``Joint EPA/State 
Agreement to Pursue Regulatory Innovation'' which encourages states to 
propose innovative approaches to environmental regulation to ``find 
new, better, and more efficient and effective ways to improve 
environmental protection.'' See, 63 FR 24785, May 5, 1998. Consistent 
with the joint agreement, the project was developed with the input of 
``stakeholders,'' i.e., representatives of the automobile industry 
(Ford Motor Company and General Motors Corporation) and an 
environmental organization (The Ecology Center). In December 2001, MDEQ 
notified the stakeholders that the agencies had signed the MOU.
    As described in section I.C, above, the Expedited Delisting Project 
takes a new approach in the way EPA implements its delisting 
regulations for a group of similar facilities. Because of the 
availability of historical data and the similarities among these 
facilities, EPA and MDEQ developed, under the Expedited Delisting 
Project, a uniform approach for the submission and evaluation of 
petitions made by automotive assembly plants to delist F019 waste. 
First, EPA usually requires the petitioner to submit a manufacturing 
process description specific to its facility. However, under the 
Expedited Delisting Project, each facility must certify that it uses 
the standard automotive assembly manufacturing process that generates 
F019 waste. Second, EPA requires a petitioner to

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submit analytical results of demonstration samples. Generally, 
petitioners work separately with EPA to develop a sampling and analysis 
plan to comply with this section. Under the project, each petitioner 
will use the same pre-approved sampling and analysis plan. Third, EPA 
identifies constituents of concern and sets maximum allowable 
concentrations for those constituents in the waste separately for each 
facility. Under the project, EPA is establishing a set constituents of 
concern and corresponding maximum allowable concentrations that are the 
same for a group of automotive assembly facilities.
    Another significant innovation is that the facilities participating 
in the project will dispose of excluded waste in a lined landfill with 
a leachate collection system. Generally, under previous exclusions, 
wastes may be sent to any Subtitle D landfill, including older 
facilities that may not be lined or have a leachate collection system.
    Finally, today EPA is simultaneously proposing multiple delistings. 
Typically, EPA proposes delistings one at a time.
    EPA requests comments on the Expedited Delisting Project described 
in this section.

B. Does the Project Amend EPA's Delisting Petition Regulations?

    The Expedited Delisting Project is not an amendment to the 
delisting petition regulations at 40 CFR 260.20 and 260.22. Rather, the 
project represents a new approach in EPA's implementation of these 
delisting petition regulations. Participation in the project is 
voluntary. Automobile assembly plants not participating may follow the 
usual process for delisting.
    Today's description of the Expedited Delisting Project (apart from 
the proposed delistings themselves) provides guidance to EPA, 
facilities participating in the project, and the general public on how 
EPA intends to exercise its discretion in implementing the statutory 
and regulatory provisions that concern the delisting of F019 waste 
generated by automotive assembly plants in Michigan. The statutory 
provisions and EPA regulations described in this project contain 
legally binding requirements. This project does not substitute for 
those provisions or regulations, nor is it a regulation itself. 
However, the proposed delistings, if finalized, will be rules imposing 
legally binding requirements. EPA retains the discretion to adopt 
approaches on a case-by-case basis that differ from the project where 
appropriate. Any decisions regarding a particular facility's waste will 
be made based on the statute and regulations. EPA will consider whether 
or not the project is appropriate in a particular situation. The 
project will be subject to periodic evaluation and may be revised 
without public notice.

C. Who Is Eligible To Participate in the Project?

    The MOU states the eligibility requirements for the project, which 
are summarized in this section. Subject to approval, Michigan 
automobile or light duty truck assembly facilities, which use, or 
intend to use, the zinc phosphating process on aluminum described in 
the MOU, are eligible to participate in the Expedited Delisting 
Project. Consistent with the MOU, the facility must submit to the EPA 
and the MDEQ a letter requesting to participate in the Expedited 
Delisting Project to delist its F019 wastewater treatment sludge.
    In January 2002, a total of 14 facilities requested to participate 
in the project. In February of 2002, MDEQ, with EPA approval, notified 
11 plants \1\ that they are eligible to participate in the Expedited 
Delisting Project. Of the 11 participating facilities, the following 
are currently using aluminum and are generating F019 waste: Ford Motor 
Company--Michigan Truck Plant and Wayne Integrated Stamping and 
Assembly Plant, 38303 Michigan Avenue/37625 Michigan Avenue, Wayne, MI 
48184, RCRA ID No. MID 000809228/MID 0005379706; Ford Motor Company--
Wixom Assembly Plant, 28801 Wixom Road, Wixom, MI 48393, RCRA ID No. 
MID 005379714; General Motors--Flint Truck, G-3100 Van Slyke Road, 
Flint, MI 48551, RCRA ID No. MID005356951; General Motors--Hamtramck, 
2500 E. General Motors Blvd., Detroit, MI 48211, RCRA ID No. 
MID980795488; General Motors--Pontiac East, 2100 S. Opdyke Road, 
Pontiac, MI 48341, RCRA ID No. MID0053546902; Trigen/Cinergy-USFOS of 
Lansing LLC at General Motors Corporation--Lansing Grand River, 920 
Townsend Ave., Lansing, MI 48921, RCRA ID No. MIK211915624. The 
following participating facilities are not yet using aluminum and do 
not generate F019 at this time: Ford Motor Company--Dearborn Assembly 
Plant, 3001 Miller Road, Dearborn, MI 48121, RCRA ID No. MID 000809764; 
Auto Alliance International Inc. (Ford/Mazda Joint Venture Company), 1 
International Drive, Flat Rock, MI 84134-9498, RCRA ID No. MID 
981953912; DaimlerChrysler--Jefferson North Assembly Plant, 2101 Conner 
Avenue, Detroit, MI 84215, RCRA ID No. MID985569987; DaimlerChrysler--
Warren Truck Assembly Plant, 21500 Mound Round, Warren, MI 48091, RCRA 
ID No. MID005358007; DaimlerChrysler--Sterling Heights Assembly Plant, 
38111 Van Dyke, Sterling Heights, MI 48312, RCRA ID No. MID980896690.
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    \1\ Three facilities withdrew their requests to participate at 
this time, but may request to participate in the future.
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D. How Does the Project Address Wastes Not Yet Generated?

    The project will include some facilities which do not yet perform 
the conversion coating on aluminum resulting in F019. We grant up-front 
delistings for wastes that have not yet been generated, but will be 
generated in the future, based on available data (e.g. pilot scale 
system data). Consistent with previous up-front delistings, the up-
front delistings proposed today will be contingent upon verification 
testing of the waste water treatment sludge once the facility begins 
conversion coating on aluminum (see section V.A., Conditions for 
Exclusion).

E. What Is the Standard Automotive Assembly Plant Process That 
Generates F019 Waste?

    F019 is a wastewater treatment sludge generated from rinses and 
overflows from the conversion coating of aluminum. Wastewaters from 
other automobile assembly operations, including electrocoating and 
spray booth operations, are commingled with the conversion coating 
wastewater prior to treatment. The conversion coating, electrocoating 
and spray booth operations which may contribute constituents of concern 
in the sludge are summarized in this section.
    Prior to the zinc phosphating process, fully assembled metal car 
bodies, parts, and spaceframe assemblies are cleaned with various 
alkaline cleaners, surfactants, and/or organic detergents. Following 
cleaning, rinse conditioners are employed to create nucleation sites 
prior to conversion coating. In the conversion coating step, parts are 
sprayed with or immersed in a zinc phosphate solution to create a 
uniform surface for painting. A sealer may be applied after conversion 
coating and a buffer is sometimes added during this step. Rinses and 
overflows from the conversion coating process are likely to contain 
trivalent chromium, nickel, and zinc. The zinc phosphating process used 
at these facilities today does not use hexavalent chromium or cyanide, 
for which F019 was originally listed.

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    Following the phosphating process, the metal parts are immersed in 
a bath where an electrocoating of paint is applied. Any undeposited 
paint is rinsed and recovered in subsequent stages prior to oven 
baking.
    After conversion coating and electrocoating, various paints and top 
coats are applied to the automobile bodies/parts in spray booths. Some 
facilities use a water curtain to control emissions which is discharged 
to the wastewater treatment plant.
    Overflows and rinse water from the electrocoating process and 
wastewater from the paint booths can contain hazardous constituents 
such as metals, organic solvents or formaldehyde.
    Typical wastewater treatment plant operations begin with separation 
of large particles. The wastewater is then sent to various thickeners 
and clarifiers where water and solids are further separated. The pH of 
the wastewater might be adjusted and flocculents and coagulants may be 
added to facilitate the thickening process. The sludge from the 
thickeners and clarifiers is dewatered in a filter press.

F. What Information Will Each Facility Submit Under the Project?

    Each facility participating in the project must submit a brief 
written application, consistent with the MOU, demonstrating that its 
waste qualifies for exclusion or delisting (the ``exclusion 
demonstration'').\2\ The exclusion demonstration must show the 
following on the basis of sampling data consistent with the approved 
sampling and analysis plan: (1) That the wastewater treatment sludge 
meets the criteria set forth in the Table of Maximum Allowable 
Concentrations; (2) that the wastewater treatment sludge is not 
characteristically hazardous waste under 40 CFR part 261, subpart C; 
and (3) that the wastewater treatment sludge does not contain other 
hazardous waste listed under part 261, subpart D.
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    \2\ Trigen/Cinergy-USFOS of Lansing LLC (Trigen) must submit its 
exclusion demonstration jointly with GM. Trigen must also certify, 
in accordance with 40 CFR 260.22(i)(12), that (1) the Trigen 
wastewater treatment plant is located on the GM Lansing Grand River 
facility property and (2) the Trigen wastewater treatment plant does 
not receive any waste or wastewater from sources other than the GM 
Lansing Grand River facility.
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    Each exclusion demonstration shall also include the following: (1) 
All sampling data required by and consistent with the approved sampling 
and analysis plan; (2) a description of the waste, including, but not 
limited to, (i) any factors which may cause the waste to be a hazardous 
waste, and (ii) the maximum annual quantities of waste covered by the 
demonstration; (3) a statement that the facility is an automobile 
assembly facility using the standard manufacturing processes as stated 
in the MOU; \3\ (4) an assertion that the F019 waste does not meet the 
criteria for which this type of waste was listed as a hazardous waste; 
(5) the certification as required by Sec. 260.22(i)(12).
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    \3\ To the extent that a participating facility's process 
differs from the process set forth in the MOU, the facility shall 
describe any such differences that might result in a hazardous 
constituent being present in the wastewater treatment sludge that is 
not covered by the demonstration, i.e., not included in the Table of 
Maximum Allowable Concentrations. Facilities that identify 
differences that the EPA believes will not materially impact 
wastewater treatment sludge quality may still be considered for 
delisting consistent with the time frame set forth in section III.H, 
below.
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G. What Is Required by the Project's Sampling and Analysis Plan?

    The sampling and analysis plan describes the sampling objectives, 
sampling strategy, collection procedures, and quality assurance/quality 
control (QA/QC) procedures in detail. The plan also discusses the 
procedures that all facilities participating in the project will use 
for sample labeling and documentation, equipment preparation and 
cleaning, and sample shipment. Each facility will collect composite 
samples from each of six roll-off boxes of wastewater treatment sludge 
over at least six weeks at each facility.
    When aluminum is first conversion coated at a facility which does 
not currently use aluminum, the facility will collect initial 
verification samples from each of four roll-off boxes and will analyze 
them for the constituents of concern. When production using conversion 
coating on aluminum first reaches 50 units a day, additional samples 
from each of four roll-off boxes will be collected and analyzed for the 
constituents of concern.
    Each facility will also conduct quarterly verification sampling.
    All data collected must include the appropriate QA/QC information 
and be subject to data validation as described in the approved sampling 
and analysis plan. Each facility will submit the analytical methods and 
detection levels to be used prior to sampling.
    The sampling and analysis plan is an appendix to the MOU for the 
Expedited Delisting Project and is available in the docket.

H. When Would EPA Finalize the Proposed Delistings?

    HSWA specifically requires EPA to provide notice and an opportunity 
for comment before granting or denying a final exclusion. Thus, EPA 
will not make a final decision or grant an exclusion until it has 
considered and addressed all timely public comments on today's 
proposal, including any comments made at public hearings. For those 
facilities named in today's proposal which submit their exclusion 
demonstrations in a timely manner, EPA Region 5 will decide whether or 
not to exclude their waste within 128 days after the close of the 
public comment period. The exclusions will become effective on the 
publication date of the final rule in the Federal Register.
    Since these rules would reduce the existing requirements, the 
regulated community does not need a six-month period to come into 
compliance in accordance with section 3010 of RCRA as amended by HSWA.

I. What Support Is MDEQ Providing EPA in Implementing the Project?

    MDEQ will be providing important assistance to EPA during the life 
of the project. MDEQ will provide technical support in reviewing 
exclusion demonstrations and all verification sampling data and will 
participate in periodic evaluations of the project.

IV. EPA's Evaluation of Waste Information and Data

A. What Information and Analyses Did EPA Consider in Developing These 
Proposed Delistings?

    The EPA reviewed existing data submitted in support of five 
petitions to delist automotive assembly plant F019 sludge. Three were 
granted by EPA: GM in Lake Orion, Michigan (62 FR 55344, October 24, 
1997); GM in Lansing, Michigan (65 FR 31096, May 16, 2000); and BMW 
Manufacturing Corporation in Greer, South Carolina (66 FR 21877, May 2, 
2001). Petitions to exclude F019 at GM plants located in Lordstown, 
Ohio and Oklahoma City, Oklahoma have not been acted upon by EPA. The 
F019 waste from these facilities was sampled in accordance with 
approved sampling and analysis plans and analyzed for a comprehensive 
list of constituents. These analyses included total and Toxicity 
Characteristic Leaching Procedure (TCLP) analysis for volatile and 
semivolatile organic compounds and metals. These wastes were also 
analyzed for cyanide, sulfide, fluoride, formaldehyde, pH, and other 
parameters.
    EPA also considered an industry database submitted jointly by the 
Aluminum Association and the Alliance of Automobile Manufacturers. This 
database contained waste data generated

[[Page 10346]]

over ten years and included a range of analyses of F019 and non-F019 
wastewater treatment plant sludge generated at some automotive assembly 
plants. The analytes and number of samples collected varied by plant 
and the database did not include QA/QC information.
    EPA used the available historical data in conjunction with a fate 
and transport model to define a list of approximately 70 constituents 
of concern for the exclusion demonstration analysis. Specifically, EPA 
compared the maximum observed concentration of any hazardous 
constituent detected at least once in any of the historical data to the 
most conservative delisting levels developed for the project. EPA 
identified a constituent for analysis if the observed value was within 
three orders of magnitude of this delisting level. The list of 70 
constituents of concern also included the non-pesticide constituents in 
40 CFR 261.24 and constituents associated with painting operations.

B. How Did EPA Establish Risk Levels for These Wastes?

    In developing this proposal, we considered the original listing 
criteria and the additional factors required by the HSWA. See section 
222 of HSWA, 42 U.S.C. 6921(f), and 40 CFR 260.22 (d)(2)-(4). We 
evaluated the petitioned waste against the listing criteria and factors 
cited in 40 CFR 261.11(a)(2) and (3). These factors include: (1) 
Whether the waste is considered acutely toxic; (2) the toxicity of the 
constituents; (3) the concentration of the constituents in the waste; 
(4) the tendency of the hazardous constituents to migrate and to 
bioaccumulate; (5) its persistence in the environment once released 
from the waste; (6) plausible and specific types of management of the 
petitioned waste; (7) the quantity of waste produced; and (8) waste 
variability.
    Consistent with previous proposed delistings, EPA identified 
plausible exposure routes (ground water, surface water, air) for 
hazardous constituents present in the petitioned waste based on 
improper management of a Subtitle D landfill. To evaluate the waste, we 
used the Delisting Risk Assessment Software program (DRAS), a Windows 
based software tool, to estimate the potential release of hazardous 
constituents from the waste and to predict the risk associated with 
those releases. For a detailed description of the DRAS program and 
revisions see 65 FR 58015, September 27, 2000; 65 FR 59000, November 7, 
2000; and 65 FR 75879, December 5, 2000.
    Today's proposal contains one proposed revision to the DRAS 
program. Previously, the Henry's Law Constant used to estimate the 
volatilization rate of formaldehyde in groundwater for the shower-
inhalation scenario was estimated using a relationship based on 
molecular weight, solubility, and pure vapor pressure taken from the 
Handbook of Chemical Property Estimation Methods, W.J. Lyman, W.F. 
Reehl, and D.H. Rosenblatt, 1982, McGraw-Hill Book Company, New York, 
New York. In 1988, Eric A. Betterton and Michael R. Hoffman published 
Henry's Law Constants of Some Environmentally Important Aldehydes in 
Environmental Science and Technology, Volume 22, Number 12, in which 
observed Henry's Law constants for low concentrations of aldehydes in 
water were lower than those expected using the earlier relationship. 
These empirical results reflect the increased affinity for water by 
formaldehyde. We believe these empirical results more accurately 
reflect the conditions modeled in the DRAS groundwater inhalation 
scenario and we are using the revised Henry's Law constant for this 
proposal. A technical support document for the DRAS program, as well as 
documentation of the formaldehyde references, are available in the 
docket.

C. What Are the Maximum Allowable Concentrations of Hazardous 
Constituents in the Waste?

    The following table gives the maximum allowable concentration 
levels for the 70 constituents of concern based on a target cancer risk 
of 1  x  10-\6\ and a target hazard quotient of one. The 
levels are expressed both as total constituent concentrations and TCLP 
concentrations. Since the allowable levels are dependent on the annual 
volume generated, the table includes allowable levels at three 
different volumes which span the typical range of waste generated. The 
table also includes the maximum allowable groundwater concentration 
expected at the disposal site.

                                          Table of Maximum Allowable Concentrations Expedited Delisting Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Maximum allowable concentrations in the waste                    Maximum
                                                            ------------------------------------------------------------------------------   allowable
                                                                 1000 cubic yards          2000 cubic yards          3000 cubic yards       groundwater
                  Constituent                      CAS #    ------------------------------------------------------------------------------ concentration
                                                              Total (mg/                Total (mg/                Total (mg/                (g/
                                                                 kg)      TCLP (mg/L)      kg)      TCLP (mg/L)      kg)      TCLP (mg/L)        L)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
acetone.......................................      67-64-1           NA          375           NA          228           NA          171         3,750
acetonitrile..................................      75-05-8           NA         64.2           NA         39.2           NA         29.3           643
acrylonitrile.................................     107-13-1        6,370       0.0128        4,120       0.0078        3,200      0.00584         0.135
allyl chloride................................     107-05-1        2,540        0.563        1,640        0.344        1,270        0.257          10.7
benzene.......................................      71-43-2           NA        0.238           NA        0.145           NA        0.109          2.50
carbon tetrachloride..........................      56-23-5           NA       0.0738           NA        0.045           NA       0.0337         0.562
chlorobenzene.................................     108-90-7           NA         9.98           NA         6.08           NA         4.56           100
chloroform....................................      67-66-3           NA        0.128        6,530       0.0779        5,080       0.0583          1.35
1,1 dichloroethane............................      75-34-3           NA         19.7           NA           12           NA            9         3,750
1,2 dichloroethane............................     107-06-2           NA      0.00422           NA      0.00257        9,800      0.00193         0.800
1,1-dichloroethylene..........................      75-35-4        1,340        0.015          867      0.00702          674      0.00526         0.122
cis-1,2 dichloroethylene......................     156-59-2           NA         6.98           NA         4.26           NA         3.19          70.0
trans-1,2 dichloroethylene....................     156-60-5           NA         9.98           NA         6.08           NA         4.56           100
ethylbenzene..................................     100-41-4           NA         69.8           NA         42.6           NA         31.9           700
formaldehyde..................................      50-00-0        1,070          138          689         84.2          535           63         1,380
methyl chloride (chloromethane)...............      74-87-3        5,760        0.295        3,720        0.180        2,890        0.135          5.63
methyl ethyl ketone...........................      78-93-3           NA          200           NA          200           NA          200        22,600
methyl isobutyl ketone........................     108-10-1           NA          300           NA          183           NA          137         3,000

[[Page 10347]]

 
methyl methacrylate...........................      80-62-6           NA           NA           NA           NA           NA        7,690        52,700
methylene chloride............................      75-09-2           NA        0.473           NA        0.288           NA        0.216             5
n-butyl alcohol...............................      71-36-3           NA          375           NA          228           NA          171         3,750
styrene.......................................     100-42-5           NA         9.98           NA         6.08           NA         4.56           100
1,1,1,2-tetrachloroethane.....................     630-20-6           NA        0.399           NA        0.243           NA        0.182          2.81
1,1,2,2-tetrachloroethane.....................      79-34-5          274        0.720          152        0.439          108        0.329         0.366
tetrachloroethylene...........................     127-18-4           NA         0.14           NA       0.0855           NA        0.064          1.40
toluene.......................................     108-88-3           NA         99.8           NA         60.8           NA         45.6         1,000
1,1,1-trichloroethane.........................      71-55-6           NA           20           NA         12.2           NA         9.11           200
1,1,2-trichloroethane.........................      79-00-5           NA        0.128           NA        0.078           NA       0.0584          1.28
trichloroethylene.............................      79-01-6           NA          0.5           NA        0.304           NA        0.228          5.00
vinyl acetate.................................     108-05-4           NA        1,440           NA          879           NA          658        15,200
vinyl chloride................................      75-01-4  178 0.00384          115      0.00234         89.4      0.00175       0.0384
xylene........................................      95-47-6           NA          998           NA          608           NA          456        10,000
                                                   108-38-3
                                                   106-42-3
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Semivolatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
acrylamide....................................      79-06-1        2,940      0.00196        2,710       0.0012        2,580       0.0009        0.0163
bis(2-ethylhexyl) phthalate...................     117-81-7           NA        0.147           NA       0.0896           NA       0.0671          1.47
butyl benzyl phthalate........................      85-68-7           NA          152           NA         92.9           NA         69.6         1,450
o-cresol......................................      95-48-7           NA          187           NA          114           NA         85.5         1,875
m-cresol......................................     108-39-4           NA          187           NA          114           NA         85.5         1,875
p-cresol......................................     106-44-5           NA         18.7           NA         11.4           NA         8.55           188
1,4-dichlorobenzene...........................     106-46-7           NA        0.227           NA        0.139           NA        0.104          2.40
2,4-dimethylphenol............................     105-67-9           NA         74.9           NA         45.7           NA         34.2           750
2,4-dinitrotoluene............................     121-14-2           NA       0.0107           NA      0.00654           NA       0.0049         0.107
di-n-octyl phthalate..........................     117-84-0           NA        0.184           NA        0.112           NA       0.0839          1.30
hexachlorobenzene.............................     118-74-1         2.84     0.000159         1.58  9.67 x 10-5         1.12  7.24 x 10-5       0.00168
hexachlorobutadiene...........................      87-68-3          537       0.0158          299      0.00961          212       0.0072         0.167
hexachloroethane..............................      67-72-1           NA        0.289           NA        0.176           NA        0.132          3.06
naphthalene...................................      91-20-3           NA         24.5           NA           15           NA         11.2           246
nitrobenzene..................................      98-95-3           NA         1.87           NA         1.14           NA        0.855          18.8
pentachlorophenol.............................      87-86-5        4,980      0.00672        2,770        0.004        1,960      0.00307        0.0711
pyridine......................................     110-86-1           NA         3.75           NA         2.28           NA         1.71          37.4
2,4,5-trichlorophenol.........................      95-95-4           NA          150           NA         91.6           NA         68.6         1,500
2,4,6-trichlorophenol.........................      88-06-2           NA        0.453           NA        0.276           NA        0.207          4.79
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Metals
--------------------------------------------------------------------------------------------------------------------------------------------------------
antimony......................................    7440-36-0           NA         1.08           NA        0.659           NA        0.494          6.00
arsenic.......................................    7440-38-2        8,820        0.492        8,140          0.3        7,740        0.224          4.87
barium........................................    7440-39-3           NA          100           NA          100           NA          100         2,000
beryllium.....................................    7440-41-7           NA         2.18           NA         1.33           NA        0.998          4.00
cadmium.......................................    7440-43-9           NA        0.788           NA         0.48           NA         0.36          5.00
chromium......................................    7440-47-3           NA            5           NA         4.95           NA         3.71           100
cobalt........................................    7440-48-4           NA          118           NA         72.1           NA           54         2,250
lead..........................................    7439-92-1           NA            5           NA            5           NA            5          15.0
mercury.......................................    7439-97-6           16          0.2         8.92          0.2         6.34          0.2          2.00
nickel........................................    7440-02-0           NA          148           NA         90.5           NA         67.8           750
selenium......................................    7782-49-2           NA          1.0           NA          1.0           NA          1.0          50.0
silver........................................    7440-22-4           NA          5.0           NA          5.0           NA          5.0           187
thallium......................................    7440-28-0           NA        0.462           NA        0.282           NA        0.211          2.00
tin...........................................    7440-31-5           NA        1,180           NA          721           NA          540        22,500
vanadium......................................    7440-62-2           NA          111           NA         67.6           NA         50.6           263
zinc..........................................    7440-66-6           NA        1,470           NA          898           NA          673        11,300
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Miscellaneous
--------------------------------------------------------------------------------------------------------------------------------------------------------
corrosivity (pH)..............................           NA                       2.0  pH  12.5    See 40 CFR 261.22                                 NA
cyanide.......................................      57-12-5                      18.9                      11.5                      8.63           200
ignitability..................................           NA                   flashpoint > 140 deg.F    See 40 CFR 261.21                            NA
reactivity....................................           NA                                See 40 CFR 261.23                                         NA
sulfide.......................................   18496-25-8                                See 40 CFR 261.23                                        NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
NA: The program did not calculate a delisting level for this constituent, or the delisting level was higher than those levels expected to be found in
  the waste. In the event high levels are discovered, the constituent will be evaluated and a delisting level set in accordance with the methodology
  used to set delisting levels for the other constituents.

[[Page 10348]]

 
Total cyanide and sulfide analysis will also be conducted, although delisting levels for total concentrations have not been established for cyanide and
  sulfide. The results will be used to support a qualitative statement by the petitioner that the waste is not reactive as defined in 40 CFR 261.23.

D. How Will EPA Evaluate the Exclusion Demonstration?

    EPA will confirm that sample collection, data analysis, and 
elements of QA/QC analysis are in accordance with the approved sampling 
and analysis plan. EPA will compare the maximum value of each 
constituent detected at a given facility to the maximum allowable 
concentration levels set forth in this proposal.
    The EPA will use the DRAS program to estimate the aggregate cancer 
risk and hazard index for each facility's waste. The aggregate cancer 
risk is the cumulative total of all individual constituent cancer 
risks. The hazard index is a similar cumulative total of non-cancer 
effects. The target aggregate cancer risk is 1  x  10-\5\ 
and the target hazard index is one.
    In addition, EPA will review any process information which differs 
from the standard process described above.

V. Conditions for Exclusion

A. How Will the Petitioners Manage the Waste if It Is Delisted?

    If the petitioned waste is delisted, the facility must dispose of 
it in a lined landfill with leachate collection, which is licensed, 
permitted, or otherwise authorized to accept the delisted wastewater 
treatment sludge in accordance with 40 CFR part 258 and certify to this 
annually.
    The facilities granted an up-front exclusion must conduct initial 
verification testing. These facilities must handle the wastewater 
treatment sludge generated after aluminum parts are first subjected to 
conversion coating as hazardous until 15 calendar days after EPA 
receives the initial verification data. If EPA notifies the facility 
during the 15-day period that the data is unacceptable, the facility 
must continue the handle the waste as hazardous.

B. How Frequently Must Each Facility Test the Waste?

    After the exclusion becomes effective, and any necessary inital 
verification testing has been completed, each facility shall collect 
and analyze a representative sample on a quarterly basis to verify that 
the waste continues to meet the requirements of this proposal. The 
sample must be collected in accordance with the approved sampling plan. 
The verification samples need to be analyzed for only those 
constituents which were originally detected in the exclusion 
demonstration.
    Each facility must submit the verification data on an annual basis. 
The annual submittal of verification data and disposal certification 
must be made to both Region 5 Waste Management Branch, U.S. EPA, at 77 
West Jackson Boulevard, Mail Code DW-8J, Chicago, Illinois 60604 and 
MDEQ, Waste Management Division, Hazardous Waste Program Section, at 
P.O. Box 30241, Lansing, Michigan 48909. The facility must compile, 
summarize, and maintain on site for a minimum of five years records of 
operating conditions and analytical data. The facility must make these 
records available for inspection. All data must be accompanied by a 
signed copy of the certification statement in 40 CFR 260.22(i)(12).

C. What Must the Facility Do if the Process Changes?

    If a facility significantly changes the manufacturing process, the 
treatment process, or the chemicals used, the facility may not handle 
the sludge generated from the new process under this exclusion until it 
has demonstrated to the EPA that the waste meets the criteria set in 
section IV.C and that no new hazardous constituents listed in appendix 
VIII of 40 CFR part 261 have been introduced. The facility must manage 
wastes generated after the process change as hazardous waste until it 
receives written approval for continuance of the exclusion from the 
Agency.

D. What Happens if a Facility's Waste Fails To Meet the Conditions of 
the Exclusion?

    If a facility with sludge excluded under this project violates the 
terms and conditions established in the exclusion, the Agency may 
suspend the exclusion or may start procedures to withdraw the 
exclusion.
    If the quarterly testing of the waste does not meet the delisting 
levels described in section IV.C above, the facility must notify the 
EPA and MDEQ immediately at the addresses listed in section V.B, above. 
The exclusion will be suspended and the waste managed as hazardous 
until the facility has received written approval for continuance of the 
exclusion from the Agency. The facility may provide any information and 
sampling results that support the continuation of the delisting 
exclusion.
    The EPA has the authority under RCRA and the Administrative 
Procedures Act, 5 U.S.C. 551 (1978) et seq. (APA), to reopen a 
delisting decision if we receive information indicating that the 
conditions of this exclusion have been violated.

VI. Regulatory Impact

    Under Executive Order 12866, EPA must conduct an ``assessment of 
the potential costs and benefits'' for all ``significant'' regulatory 
actions.
    The proposal to grant an exclusion is not significant, since its 
effect, if promulgated, would be to reduce the overall costs and 
economic impact of EPA's hazardous waste management regulations. This 
reduction would be achieved by excluding waste generated at a specific 
facility from EPA's lists of hazardous wastes, thus enabling a facility 
to manage its waste as nonhazardous.
    Because there is no additional impact from today's proposed rule, 
this proposal would not be a significant regulation, and no cost/
benefit assessment is required. The Office of Management and Budget 
(OMB) has also exempted this rule from the requirement for OMB review 
under section (6) of Executive Order 12866.

VII. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, whenever an 
agency is required to publish a general notice of rulemaking for any 
proposed or final rule, it must prepare and make available for public 
comment a regulatory flexibility analysis which describes the impact of 
the rule on small entities (that is, small businesses, small 
organizations, and small governmental jurisdictions). No regulatory 
flexibility analysis is required, however, if the Administrator or 
delegated representative certifies that the rule will not have any 
impact on small entities.
    This rule, if promulgated, will not have an adverse economic impact 
on small entities since its effect would be to reduce the overall costs 
of EPA's hazardous waste regulations and would be limited to eleven 
facilities. Accordingly, the Agency certifies that this proposed 
regulation, if promulgated, will not have a significant economic impact 
on a substantial number of small entities. This regulation, therefore, 
does not require a regulatory flexibility analysis.

VIII. Paperwork Reduction Act

    Information collection and recordkeeping requirements associated

[[Page 10349]]

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

IX. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(UMRA), Public Law 104-4, which was signed into law on March 22, 1995, 
EPA generally must prepare a written statement for rules with federal 
mandates that may result in estimated costs to state, local, and tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more in any one year.
    When such a statement is required for EPA rules, under section 205 
of the UMRA EPA must identify and consider alternatives, including the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. EPA must select that alternative, 
unless the Administrator explains in the final rule why it was not 
selected or it is inconsistent with law.
    Before EPA establishes regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, EPA must develop under section 203 of the UMRA a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, giving them meaningful and timely input in 
the development of EPA regulatory proposals with significant federal 
intergovernmental mandates, and informing, educating, and advising them 
on compliance with the regulatory requirements.
    The UMRA generally defines a federal mandate for regulatory 
purposes as one that imposes an enforceable duty upon state, local, or 
tribal governments or the private sector.
    The EPA finds that today's delisting decision is deregulatory in 
nature and does not impose any enforceable duty on any state, local, or 
tribal governments or the private sector estimated to cost $100 million 
or more in any one year. In addition, the proposed delisting decision 
does not establish any regulatory requirements for small governments 
and so does not require a small government agency plan under UMRA 
section 203.

X. Executive Order 12875

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

XI. Executive Order 13045

    The Executive Order 13045 is entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997). This order applies to any rule that EPA determines (1) is 
economically significant as defined under Executive Order 12866, and 
(2) the environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This 
proposed rule is not subject to Executive Order 13045 because this is 
not an economically significant regulatory action as defined by 
Executive Order 12866.

XII. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments.
    If the mandate is unfunded, EPA must provide to the OMB, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to meaningful and timely input'' in the 
development of regulatory policies on matters that significantly or 
uniquely affect their communities of Indian tribal governments. This 
action does not involve or impose any requirements that affect Indian 
Tribes. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

XIII. National Technology Transfer And Advancement Act

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

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: February 22, 2002.
Robert Springer,
Director, Waste, Pesticides and Toxics Division.

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


[[Page 10350]]


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

    2. In Table 1 of appendix IX of part 261 it is proposed to add the 
following waste streams in alphabetical order by facility to read as 
follows:

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

           Table 1.--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
       Facility and address                   Waste description
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Auto Alliance International Inc.    Waste water treatment plant sludge,
 (Ford/Mazda Joint Venture           F019, that is generated by Auto
 Company)--Flat Rock, Michigan.      Alliance International Inc., Flat
                                     Rock, Michigan at a maximum annual
                                     rate of (insert annual volume)
                                     cubic yards per year. The sludge
                                     must be disposed of in a lined
                                     landfill with leachate collection,
                                     which is licensed, permitted, or
                                     otherwise authorized to accept the
                                     delisted wastewater treatment
                                     sludge in accordance with 40 CFR
                                     part 258. The exclusion becomes
                                     effective as of (insert final
                                     publication date).
                                    1. Delisting Levels: The total
                                     constituent concentrations and TCLP
                                     concentrations measured in any
                                     sample may not exceed the following
                                     levels: (insert constituents and
                                     delisting levels from section IV.C
                                     of the preamble)
                                    2. Initial Verification Testing: a.
                                     When aluminum parts are first
                                     subjected to conversion coating,
                                     the facility must collect 4
                                     additional samples and analyze them
                                     for the constituents listed in
                                     paragraph (1) using the
                                     methodologies specified in an EPA-
                                     approved sampling plan. The
                                     facility must manage as hazardous
                                     all wastewater treatment sludge
                                     generated after aluminum parts are
                                     first subjected to conversion
                                     coating, until 15 calendar days
                                     after EPA receives valid data
                                     demonstrating that paragraph (1) is
                                     satisfied, unless EPA notifies the
                                     facility during the 15-day period
                                     that the data is unacceptable.
                                    b. When production using conversion
                                     coating on aluminum first reaches
                                     50 units a day, the facility must
                                     collect 4 additional samples and
                                     analyze them for the constituents
                                     listed in paragraph (1) using the
                                     methodologies specified in an EPA-
                                     approved sampling plan.
                                    c. The verification data required in
                                     paragraphs (2.a) and (2.b) must be
                                     submitted as soon as the data
                                     becomes available.
                                    3. Quarterly Verification Testing:
                                     After the facility satisfies the
                                     requirements of paragraph (2.a), it
                                     must, on a quarterly basis, collect
                                     and analyze one sample of the waste
                                     for the constituents detected in
                                     pre-aluminum sampling and the
                                     sampling required in paragraph (2)
                                     using the methodologies specified
                                     in an EPA-approved sampling plan.
                                    4. Changes in Operating Conditions:
                                     The facility must notify the EPA in
                                     writing if the manufacturing
                                     process, the chemicals used in the
                                     manufacturing process, the
                                     treatment process, or the chemicals
                                     used in the treatment process
                                     significantly change. The facility
                                     must handle wastes generated after
                                     the process change as hazardous
                                     until it has demonstrated that the
                                     wastes continue to meet the
                                     delisting levels and that no new
                                     hazardous constituents listed in
                                     appendix VIII of part 261 have been
                                     introduced and it has received
                                     written approval from EPA.
                                    5. Data Submittals: The facility
                                     must submit the data obtained
                                     through verification testing or as
                                     required by other conditions of
                                     this rule to both U.S. EPA Region
                                     5, Waste Management Branch (DW-8J),
                                     77 W. Jackson Blvd., Chicago, IL
                                     60604 and MDEQ, Waste Management
                                     Division, Hazardous Waste Program
                                     Section, at P.O. Box 30241,
                                     Lansing, Michigan 48909. The
                                     quarterly verification data and
                                     certification of proper disposal
                                     must be submitted annually upon the
                                     anniversary of the effective date
                                     of this exclusion. The facility
                                     must compile, summarize, and
                                     maintain on site for a minimum of
                                     five years records of operating
                                     conditions and analytical data. The
                                     facility must make these records
                                     available for inspection. All data
                                     must be accompanied by a signed
                                     copy of the certification statement
                                     in 40 CFR 260.22(i)(12).
                                    6. Reopener Language--(a) If,
                                     anytime after disposal of the
                                     delisted waste, the facility
                                     possesses or is otherwise made
                                     aware of any data (including but
                                     not limited to leachate data or
                                     groundwater monitoring data) or any
                                     other data relevant to the delisted
                                     waste indicating that any
                                     constituent identified in paragraph
                                     (1) is at a level in the leachate
                                     higher than the delisting level
                                     established in paragraph (1), or is
                                     at a level in the groundwater
                                     higher than the point of exposure
                                     groundwater levels referenced by
                                     the model, then the facility must
                                     report such data, in writing, to
                                     the Regional Administrator within
                                     10 days of first possessing or
                                     being made aware of that data.
                                    (b) Based on the information
                                     described in paragraph (a) and any
                                     other information received from any
                                     source, the Regional Administrator
                                     will make a preliminary
                                     determination as to whether the
                                     reported information requires
                                     Agency action to protect human
                                     health or the environment. Further
                                     action may include suspending, or
                                     revoking the exclusion, or other
                                     appropriate response necessary to
                                     protect human health and the
                                     environment.

[[Page 10351]]

 
                                    (c) If the Regional Administrator
                                     determines that the reported
                                     information does require Agency
                                     action, the Regional Administrator
                                     will notify the facility in writing
                                     of the actions the Regional
                                     Administrator believes are
                                     necessary to protect human health
                                     and the environment. The notice
                                     shall include a statement of the
                                     proposed action and a statement
                                     providing the facility with an
                                     opportunity to present information
                                     as to why the proposed Agency
                                     action is not necessary or to
                                     suggest an alternative action. The
                                     facility shall have 30 days from
                                     the date of the Regional
                                     Administrator's notice to present
                                     the information.
                                    (d) If after 30 days the facility
                                     presents no further information,
                                     the Regional Administrator will
                                     issue a final written determination
                                     describing the Agency actions that
                                     are necessary to protect human
                                     health or the environment. Any
                                     required action described in the
                                     Regional Administrator's
                                     determination shall become
                                     effective immediately, unless the
                                     Regional Administrator provides
                                     otherwise.
DaimlerChrysler Corporation,        Waste water treatment plant sludge,
 Jefferson North Assembly Plant--    F019, that is generated by
 Detroit, Michigan.                  DaimlerChrysler Corporation at the
                                     Jefferson North Assembly Plant,
                                     Detroit, Michigan at a maximum
                                     annual rate of (insert annual
                                     volume) cubic yards per year. The
                                     sludge must be disposed of in a
                                     lined landfill with leachate
                                     collection, which is licensed,
                                     permitted, or otherwise authorized
                                     to accept the delisted wastewater
                                     treatment sludge in accordance with
                                     40 CFR part 258. The exclusion
                                     becomes effective as of (insert
                                     final publication date). The
                                     conditions in paragraphs (1)
                                     through (6) for Auto Alliance
                                     International Inc., Flat Rock,
                                     Michigan apply.
DaimlerChrysler Corporation,        Waste water treatment plant sludge,
 Sterling Heights Assembly Plant--   F019, that is generated by
 Sterling Heights, Michigan.         DaimlerChrysler Corporation at the
                                     Sterling Heights Assembly Plant,
                                     Sterling Heights, Michigan at a
                                     maximum annual rate of (insert
                                     annual volume) cubic yards per
                                     year. The sludge must be disposed
                                     of in a lined landfill with
                                     leachate collection, which is
                                     licensed, permitted, or otherwise
                                     authorized to accept the delisted
                                     wastewater treatment sludge in
                                     accordance with 40 CFR part 258.
                                     The exclusion becomes effective as
                                     of (insert final publication date).
                                     The conditions in paragraphs (1)
                                     through (6) for Auto Alliance
                                     International Inc., Flat Rock,
                                     Michigan apply.
DaimlerChrysler Corporation,        Waste water treatment plant sludge,
 Warren Truck Assembly Plant--       F019, that is generated by
 Warren, Michigan.                   DaimlerChrysler Corporation at the
                                     Warren Truck Assembly Plant,
                                     Warren, Michigan at a maximum
                                     annual rate of (insert annual
                                     volume) cubic yards per year. The
                                     sludge must be disposed of in a
                                     lined landfill with leachate
                                     collection, which is licensed,
                                     permitted, or otherwise authorized
                                     to accept the delisted wastewater
                                     treatment sludge in accordance with
                                     40 CFR part 258. The exclusion
                                     becomes effective as of (insert
                                     final publication date). The
                                     conditions in paragraphs (1)
                                     through (6) for Auto Alliance
                                     International Inc., Flat Rock,
                                     Michigan apply.
Ford Motor Company, Dearborn        Waste water treatment plant sludge,
 Assembly Plant--Dearborn,           F019, that is generated by Ford
 Michigan.                           Motor Company at the Dearborn
                                     Assembly Plant, Dearborn, Michigan
                                     at a maximum annual rate of (insert
                                     annual volume) cubic yards per
                                     year. The sludge must be disposed
                                     of in a lined landfill with
                                     leachate collection, which is
                                     licensed, permitted, or otherwise
                                     authorized to accept the delisted
                                     wastewater treatment sludge in
                                     accordance with 40 CFR part 258.
                                     The exclusion becomes effective as
                                     of (insert final publication date).
                                     The conditions in paragraphs (1)
                                     through (6) for Auto Alliance
                                     International Inc., Flat Rock,
                                     Michigan apply.
Ford Motor Company, Michigan Truck  Waste water treatment plant sludge,
 Plant and Wayne Integrated          F019, that is generated by Ford
 Stamping and Assembly Plant--       Motor Company at the Wayne
 Wayne, Michigan.                    Integrated Stamping and Assembly
                                     Plant from wastewaters from both
                                     the Wayne Integrated Stamping and
                                     Assembly Plant and the Michigan
                                     Truck Plant, Wayne, Michigan at a
                                     maximum annual rate of (insert
                                     annual volume) cubic yards per
                                     year. The sludge must be disposed
                                     of in a lined landfill with
                                     leachate collection, which is
                                     licensed, permitted, or otherwise
                                     authorized to accept the delisted
                                     wastewater treatment sludge in
                                     accordance with 40 CFR part 258.
                                     The exclusion becomes effective as
                                     of (insert final publication date).
                                    1. Delisting Levels: The total
                                     constituent concentrations and TCLP
                                     concentrations measured in any
                                     sample may not exceed the following
                                     levels: (insert constituents of
                                     concern and delisting levels based
                                     on the annual volume of waste).
                                    2. Quarterly Verification Testing:
                                     The facility must show that the
                                     waste does not contain constituents
                                     listed in paragraph (1) that exceed
                                     the delisting levels specified in
                                     paragraph (1) by collecting and
                                     analyzing one waste sample on a
                                     quarterly basis. The samples must
                                     be collected and analyzed in
                                     accordance with the approved
                                     sampling plan.
                                    3. Other Conditions: The conditions
                                     in paragraphs (4) through (6) for
                                     Auto Alliance International Inc.,
                                     Flat Rock, Michigan also apply.
Ford Motor Company, Wixom Assembly  Waste water treatment plant sludge,
 Plant--Wixom, Michigan.             F019, that is generated by Ford
                                     Motor Company at the Wixom Assembly
                                     Plant, Wixom, Michigan at a maximum
                                     annual rate of (insert annual
                                     volume) cubic yards per year. The
                                     sludge must be disposed of in a
                                     lined landfill with leachate
                                     collection, which is licensed,
                                     permitted, or otherwise authorized
                                     to accept the delisted wastewater
                                     treatment sludge in accordance with
                                     40 CFR Part 258. The exclusion
                                     becomes effective as of (insert
                                     final publication date).

[[Page 10352]]

 
                                    1. Delisting Levels: The total
                                     constituent concentrations and TCLP
                                     concentrations measured in any
                                     sample may not exceed the following
                                     levels: (insert constituents of
                                     concern and delisting levels based
                                     on the annual volume of waste).
                                    2. Quarterly Verification Testing:
                                     The facility must show that the
                                     waste does not contain constituents
                                     listed in paragraph (1) that exceed
                                     the delisting levels specified in
                                     paragraph (1) by collecting and
                                     analyzing one waste sample on a
                                     quarterly basis. The samples must
                                     be collected and analyzed in
                                     accordance with the approved
                                     sampling plan.
                                    3. Other Conditions: The conditions
                                     in paragraphs (4) through (6) for
                                     Auto Alliance International Inc.,
                                     Flat Rock, Michigan also apply.
General Motors Corporation, Flint   Waste water treatment plant sludge,
 Truck--Flint, Michigan.             F019, that is generated by General
                                     Motors Corporation at Flint Truck,
                                     Flint, Michigan at a maximum annual
                                     rate of (insert annual volume)
                                     cubic yards per year. The sludge
                                     must be disposed of in a lined
                                     landfill with leachate collection,
                                     which is licensed, permitted, or
                                     otherwise authorized to accept the
                                     delisted wastewater treatment
                                     sludge in accordance with 40 CFR
                                     part 258. The exclusion becomes
                                     effective as of (insert final
                                     publication date).
                                    1. Delisting Levels: The total
                                     constituent concentrations and TCLP
                                     concentrations measured in any
                                     sample may not exceed the following
                                     levels: (insert constituents of
                                     concern and delisting levels based
                                     on the annual volume of waste).
                                    2. Quarterly Verification Testing:
                                     The facility must show that the
                                     waste does not contain constituents
                                     listed in paragraph (1) that exceed
                                     the delisting levels specified in
                                     paragraph (1) by collecting and
                                     analyzing one waste sample on a
                                     quarterly basis. The samples must
                                     be collected and analyzed in
                                     accordance with the approved
                                     sampling plan.
                                    3. Other Conditions: The conditions
                                     in paragraphs (4) through (6) for
                                     Auto Alliance International Inc.,
                                     Flat Rock, Michigan also apply.
General Motors Corporation,         Waste water treatment plant sludge,
 Hamtramck--Detroit, Michigan.       F019, that is generated by General
                                     Motors Corporation at Hamtramck,
                                     Detroit, Michigan at a maximum
                                     annual rate of (annual volume)
                                     cubic yards per year. The sludge
                                     must be disposed of in a lined
                                     landfill with leachate collection,
                                     which is licensed, permitted, or
                                     otherwise authorized to accept the
                                     delisted wastewater treatment
                                     sludge in accordance with 40 CFR
                                     part 258. The exclusion becomes
                                     effective as of (insert final
                                     publication date).
                                    1. Delisting Levels: The total
                                     constituent concentrations and TCLP
                                     concentrations measured in any
                                     sample may not exceed the following
                                     levels: (insert constituents of
                                     concern and delisting levels based
                                     on the annual volume of waste).
                                    2. Quarterly Verification Testing:
                                     The facility must show that the
                                     waste does not contain constituents
                                     listed in paragraph (1) that exceed
                                     the delisting levels specified in
                                     paragraph (1) by collecting and
                                     analyzing one waste sample on a
                                     quarterly basis. The samples must
                                     be collected and analyzed in
                                     accordance with the approved
                                     sampling plan.
                                    3. Other Conditions: The conditions
                                     in paragraphs (4) through (6) for
                                     Auto Alliance International Inc.,
                                     Flat Rock, Michigan also apply.
General Motors Corporation,         Waste water treatment plant sludge,
 Pontiac East--Pontiac, Michigan.    F019, that is generated by General
                                     Motors Corporation at Pontiac East,
                                     Pontiac, Michigan at a maximum
                                     annual rate of (insert annual
                                     volume) cubic yards per year. The
                                     sludge must be disposed of in a
                                     lined landfill with leachate
                                     collection, which is licensed,
                                     permitted, or otherwise authorized
                                     to accept the delisted wastewater
                                     treatment sludge in accordance with
                                     40 CFR part 258. The exclusion
                                     becomes effective as of (insert
                                     final publication date).
                                    1. Delisting Levels: The total
                                     constituent concentrations and TCLP
                                     concentrations measured in any
                                     sample may not exceed the following
                                     levels: (insert constituents of
                                     concern and delisting levels based
                                     on the annual volume of waste).
                                    2. Quarterly Verification Testing:
                                     The facility must show that the
                                     waste does not contain constituents
                                     listed in paragraph (1) that exceed
                                     the delisting levels specified in
                                     paragraph (1) by collecting and
                                     analyzing one waste sample on a
                                     quarterly basis. The samples must
                                     be collected and analyzed in
                                     accordance with the approved
                                     sampling plan.
                                    3. Other Conditions: The conditions
                                     in paragraphs (4) through (6) for
                                     Auto Alliance International Inc.,
                                     Flat Rock, Michigan also apply.
Trigen/Cinergy-USFOS of Lansing     Waste water treatment plant sludge,
 LLC at General Motors               F019, that is generated at General
 Corporation, Lansing Grand River--  Motors Corporation's Lansing Grand
 Lansing, Michigan.                  River (GM--Grand River) facility by
                                     Trigen/Cinergy-USFOS of Lansing LLC
                                     exclusively from wastewaters from
                                     GM--Grand River, Lansing, Michigan
                                     at a maximum annual rate of (insert
                                     annual volume) cubic yards per
                                     year. The sludge must be disposed
                                     of in a lined landfill with
                                     leachate collection, which is
                                     licensed, permitted, or otherwise
                                     authorized to accept the delisted
                                     wastewater treatment sludge in
                                     accordance with 40 CFR Part 258.
                                     The exclusion becomes effective as
                                     of (insert final publication date).
                                    1. Delisting Levels: The total
                                     constituent concentrations and TCLP
                                     concentrations measured in any
                                     sample may not exceed the following
                                     levels: (insert constituents of
                                     concern and delisting levels based
                                     on the annual volume of waste).

[[Page 10353]]

 
                                    2. Quarterly Verification Testing:
                                     The facility must show that the
                                     waste does not contain constituents
                                     listed in paragraph (1) that exceed
                                     the delisting levels specified in
                                     paragraph (1) by collecting and
                                     analyzing one waste sample on a
                                     quarterly basis. The samples must
                                     be collected and analyzed in
                                     accordance with the approved
                                     sampling plan.
                                    3. Other Conditions: The conditions
                                     in paragraphs (4) through (6) for
                                     Auto Alliance International Inc.,
                                     Flat Rock, Michigan also apply.
 
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[FR Doc. 02-5314 Filed 3-6-02; 8:45 am]
BILLING CODE 6560-50-P