[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Rules and Regulations]
[Pages 44652-44659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19285]



[[Page 44652]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-7537-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is 
granting petitions to exclude (or ``delist'') wastewater treatment 
plant sludge from conversion coating on aluminum generated by six 
automobile assembly facilities in the State of Michigan from the list 
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), and two plants owned and operated by Ford Motor 
Company (Wixom Assembly Plant-Wixom, Michigan Truck/Wayne Integrated 
Stamping and Assembly Plant-Wayne).
    Today's action conditionally excludes the petitioned wastes from 
the requirements of hazardous waste regulations under the Resource 
Conservation and Recovery Act (RCRA) when disposed of in a lined 
Subtitle D landfill which is permitted, licensed, or registered by a 
State to manage industrial solid waste. The exclusions were proposed on 
March 7, 2002 as part of an expedited process to evaluate these wastes 
under a pilot project developed with the Michigan Department of 
Environmental Quality (MDEQ). The rule also imposes testing conditions 
for wastes generated in the future to ensure that these wastes continue 
to qualify for delisting.

EFFECTIVE DATE: This rule is effective on July 30, 2003.

ADDRESSES: The RCRA regulatory docket for this final rule, number R5-
MIECOS-03, is located at the U.S. EPA Region 5, 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. Call Todd Ramaly at 
(312) 353-9317 for appointments. The public may copy material from the 
regulatory docket at $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For technical information concerning 
this document, contact Todd Ramaly at the address above or at (312) 
353-9317.

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:
I. Background
    A. What is a delisting petition?
    B. What regulations allow a waste to be delisted?
II. The Expedited Process for Delisting
    A. Why was the expedited process developed for this waste?
    B. What is the expedited process to delist F019?
III. EPA's Evaluation of These Petitions
    A. What information was submitted in support of these petitions?
    B. How did EPA evaluate the information submitted?
IV. Public Comments Received on the Proposed Exclusion
    A. Who submitted comments on the proposed rule?
    B. Comments Received and Responses From EPA
V. Final Rule Granting these Petitions
    A. What decision is EPA finalizing?
    B. What are the terms of this exclusion?
    C. When is the delisting effective?
    D. How does this action affect the states?
VI. Regulatory Impact
VII. Congressional Review Act

I. Background

A. What Is a Delisting Petition?

    A delisting petition is a request from a generator to exclude waste 
from the list of hazardous wastes under RCRA regulations. In a 
delisting petition, the petitioner must show that waste generated at a 
particular facility does not meet any of the criteria for which EPA 
listed the waste as set forth in Title 40 Code of Federal Regulations 
(40 CFR) Sec.  261.11 and the background document for the waste. In 
addition, a petitioner must demonstrate that the waste does not exhibit 
any of the hazardous waste characteristics (that is, ignitability, 
reactivity, corrosivity, and toxicity) 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. (See 40 
CFR 260.22, 42 U.S.C. 6921(f) and the background documents for a listed 
waste.)
    Generators remain obligated under RCRA to confirm that their waste 
remains nonhazardous based on the hazardous waste characteristics even 
if EPA has ``delisted'' the wastes and to ensure that future generated 
wastes meet the conditions set.

B. What Regulations Allow a Waste To Be Delisted?

    Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), facilities may 
petition the EPA to remove their wastes from hazardous waste control by 
excluding them from the lists of hazardous wastes contained in 40 CFR 
261.31 and 261.32. Specifically, 40 CFR 260.20 allows any person to 
petition the Administrator to modify or revoke any provision of parts 
260 through 266, 268, and 273 of 40 CFR. 40 CFR 260.22 provides a 
generator the opportunity to petition the Administrator to exclude a 
waste on a ``generator specific'' basis from the hazardous waste lists.

II. The Expedited Process for Delisting

A. Why Was the Expedited Process Developed for This Waste?

    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 EPA hazardous waste 
F019. 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 a 
standardized approach for gathering, submitting and evaluating data. 
Therefore, EPA, in conjunction with MDEQ, developed a pilot project to 
expedite the delisting process. This approach to making delisting 
determinations for this group of facilities is efficient while still 
being consistent with current laws and regulations and protective of 
human health and the environment.
    By removing regulatory controls under RCRA, EPA is facilitating the 
use of aluminum in cars. EPA believes that incorporating aluminum in 
cars will be advantageous to the environment since lighter cars are 
capable of achieving better fuel economy.

B. What Is the Expedited Process To Delist F019?

    The expedited process to delist F019 is an approach developed 
through a Memorandum of Understanding (MOU) with MDEQ for gathering and 
evaluating data in support of multiple petitions from automobile 
assembly plants. The expedited delisting process is applicable to 
wastes generated by automobile and light truck assembly plants in the 
State of Michigan which use a similar manufacturing process and 
generate similar F019 waste.

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    Based on available historical data and other information, the 
expedited process identified 70 constituents which might be of concern 
in the waste and provides that the F019 sludge generated by automobile 
assembly plants may be delisted if the levels of the 70 constituents do 
not exceed the allowable levels established for each constituent in 
this rulemaking. The maximum annual quantity of waste generated by any 
single facility which may be covered by an expedited delisting is 3,000 
cubic yards, however, delisting levels were also proposed for smaller 
quantities of waste (1,000 and 2,000 cubic yards).
    This expedited delisting process provides an opportunity for the 
automobile industry to be more efficient in preparing petitions and for 
the EPA to be more efficient in evaluating them.

III. EPA's Evaluation of These Petitions

A. What Information Was Submitted in Support of These Petitions?

    Each facility submitted certification that its process was the same 
as the process described in the MOU with MDEQ. See 67 FR 10341, March 
7, 2002. Each facility also submitted an assertion that its waste does 
not meet the criteria for which F019 waste was listed and there are no 
other factors which might cause the waste to be hazardous.
    To support its petition, each facility collected 6 samples 
representing waste generated over 6 weeks. Each sample: (1) Was 
analyzed for total analyses of the 70 constituents of concern; (2) was 
analyzed for Toxicity Characteristic Leaching Procedure (TCLP), SW-846 
Method 1311, analyses of the 70 constituents of concern; (3) was 
analyzed for oil and grease; (4) with more than 1% oil and grease was 
analyzed for leachable metals using the Extraction Procedure for Oily 
Wastes (OWEP), SW-846 Method 1330A, in lieu of Method 1311; (5) was 
analyzed for total constituent analyses for sulfide and cyanide; (6) 
was measured of pH and determination that waste is not corrosive (see 
40 CFR 261.22); and (7) had a determination made that the waste was not 
reactive or ignitable. (See 40 CFR 261.21 and 40 CFR 261.23.) All 
sampling and analysis was done in accordance with the sampling and 
analysis plan which is an appendix to the MOU and is available in the 
docket for this rule. The data submitted included the appropriate QA/QC 
information as required in the sampling and analysis plan and was 
validated by a third party.
    A few minor changes in the sampling approach were made prior to the 
sampling. Instead of sampling from six different roll-off boxes, which 
would have required multiple sampling events or long-term storage of 
full roll-off boxes, the facilities were allowed to fill 55-gallon 
drums with aliquots from each discharge from the filter press so that 
each drum represented a week's worth of sludge. All drums were then 
sampled on the same day shortly after the end of the six-week period. 
The maximum values of constituents detected in any sample of the waste 
water treatment plant sludge are summarized in the following table 
along with the maximum allowable concentrations in the waste. The table 
also includes the maximum allowable levels in groundwater, as evaluated 
by the Delisting Risk Assessment Software (DRAS). The groundwater 
levels used by DRAS are the more conservative of either the Safe 
Drinking Water Act Maximum Contaminant Level (MCL) or the value 
calculated by DRAS based on target risk levels.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Maximum concentration detected and maximum allowable delisting level (DL)           Maximum
                                                  ----------------------------------------------------------------------------------------   allowable
                   Constituent                                                                                                              groundwater
                                                      Ford       Ford      GM LGR   DL (2,000      GM      GM Flint      GM     DL (3,000  concentration
                                                     Wayne      Wixom                 yd 3)    Hamtramck    Truck     Pontiac     yd 3)      ([mu]g/L)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Constituents in Leachate (mg/L):
acetone..........................................      0.39J       <0.1       <0.1        228       0.98       0.82       0.42        171        3,750
n-butyl alcohol..................................       <0.2       <0.2       0.52        228        2.8       <1.0       <0.2        171        3,750
ethylbenzene.....................................      0.009      0.033      0.007       42.6      0.028      <0.01      0.003       31.9          700
formaldehyde.....................................       0.55       0.27        1.2       84.2          3       0.32       0.62         63        1,380
methyl ethyl ketone..............................      <0.05      <0.05      <0.05        200      <0.13        0.6      <0.05        200       22,600
toluene..........................................      0.004       0.13       <0.1       60.8       <0.1       <0.1       <0.1       45.6        1,000
trichloroethene..................................     <0.002      0.003     <0.002      0.304     <0.005      <0.01     <0.002      0.228         5.00
xylene...........................................      0.096        0.4      <0.05        608       0.23      <0.25      <0.05        456       10,000
bis (2ethylhexyl) phthalate......................       <0.1       <0.1       <0.1     0.0896       <0.1       <0.1       <0.1     0.0671         1.47
butyl benzyl phthalate...........................       <0.1       <0.1       <0.1       92.9      0.013       <0.1       <0.1       69.6        1,450
naphthalene......................................      <0.02      <0.02      <0.02         15      0.021      0.001      0.002       11.2          246
p-cresol.........................................       1.25      0.079      0.006       11.4       0.56       0.29        0.1       8.55          188
antimony.........................................    0.0088J       <0.5       <0.5      0.659       0.24       0.22       0.29      0.494         6.00
arsenic..........................................    0.0135J       0.23      0.008        0.3     0.0107     0.0071     0.0045      0.224         4.87
barium...........................................      0.59J       0.72       0.76        100       0.57       1.68        0.5        100        2,000
beryllium........................................     <0.041     <0.005     <0.005       1.33      0.001     <0.029     <0.062      0.998         4.00
cadmium..........................................     0.016J     0.003J      0.015       0.48      0.007      0.014       0.16       0.36         5.00
chromium.........................................     0.031J      <0.05      0.043       4.95      0.056       0.53       0.28       3.71          100
cobalt...........................................     0.027J     0.009J       0.13       72.1      0.032      0.035      0.027         54        2,250
lead.............................................      0.14J     0.019J       <0.1          5      0.069       1.33       0.24          5         15.0
mercury..........................................    0.0002J    <0.0002    <0.0002        0.2    <0.0003    <0.0006     0.0004        0.2         2.00
nickel...........................................      33.4J       2.86       58.3       90.5         19       28.3       23.7       67.8          750
selenium.........................................      0.51J       <0.4       0.15        1.0       0.29       0.27       0.56        1.0         50.0
silver...........................................     0.022J     0.008J      0.019        5.0      <0.06      0.021     <0.088        5.0          187
thallium.........................................    0.0029J       <0.2      0.062      0.282     0.0014    <0.0178     0.0021      0.211         2.00
tin..............................................       6.31       <0.5       <0.5        721       19.7        9.3       16.6        540       22,500
vanadium.........................................      0.01J      <0.02      <0.02       67.6      0.008      0.017       0.03       50.6          263
zinc.............................................      6.495       0.87       23.9        898       74.1         17       5.43        673       11,300
Total Constituent Concentration in Waste (mg/kg):
butanol..........................................       <2.5       <2.5        6.3         NS         20         22        9.8         NS

[[Page 44654]]

 
ethylbenzene.....................................       <0.5        1.5       0.62         NS        2.8       <0.5       <0.5         NS
formaldehyde.....................................         11        5.3         24        689         60        6.4         12        535
methyl chloride..................................       <2.5       <2.5       0.84      3,720      <0.25      <0.25      <0.25      2,890
methyl ethyl ketone..............................       <2.5       <2.5       <2.5         NS       <2.5         25       <2.5         NS
toluene..........................................       <0.5       <0.5       <0.5         NS        5.8       <0.5        1.5         NS
xylene...........................................        2.1         11        3.3         NS         18       <1.5       <1.5         NS
bis (2ethylhexyl) phthalate......................        32J        <15         18         NS         30        <15        <15         NS
butyl benzyl phthalate...........................        <75        <75        <38         NS        290        <75        <75         NS
di-n-octyl phthalate.............................        27J        <15         18         NS         31        <15        <15         NS
p-cresol.........................................         23        <15         18         NS        <15        <15        <15         NS
naphthalene......................................        <15        <15       <7.5         NS         34        <15        <15         NS
antimony.........................................       <100       <100        <30         NS        174        <20        <50         NS
arsenic..........................................        12J         25         18      8,140         15         10         22      7,740
barium...........................................        306        496         57         NS        253        694        139         NS
beryllium........................................         <1        1.3         <1         NS         <1         <1         <1         NS
cadmium..........................................         <1        4.7         <1         NS        1.1         <1        1.1         NS
chromium.........................................       48.5         92        758         NS         88        223        582         NS
cobalt...........................................        2.6        4.1        5.1         NS        2.3         <1        5.1         NS
lead.............................................       39.5         46        <10         NS        498        485        266         NS
mercury..........................................      0.052       0.34      0.088       8.92       0.13       <0.1       0.04       6.34
nickel...........................................      1,170      1,270      2,460         NS        551        520        901         NS
selenium.........................................        <10         17        <20         NS        <20        <20         21         NS
silver...........................................        <10        <10         <2         NS        1.9         <1         <8         NS
thallium.........................................        <50        <50        <20         NS        <20        <20        <20         NS
tin..............................................      156.5        154      2,120         NS      1,040        242        500         NS
vanadium.........................................         <5         13          9         NS         25        6.7         19         NS
zinc.............................................      9,810      2,660      6,230         NS      9,180      3,130      8,690         NS
cyanide..........................................       <0.5       <0.5       0.68         NS       <0.5         11       0.76         NS
sulfide..........................................        231        <10        <10         NS        529         69        296        NS
--------------------------------------------------------------------------------------------------------------------------------------------------------
NS--not specified.
J--the numerical value is an estimated quantity.
DL--delisting level.
<--not detected at the specified concentration.
Note.--These levels represent the highest constituent concentration found in any one sample and do not necessarily represent the specific levels found
  in one sample.

B. How Did EPA Evaluate the Information Submitted?

    EPA compared the analytical results submitted by each facility to 
the maximum allowable levels calculated by the DRAS and set forth in 
the proposed rule (March 7, 2002, 67 FR 10341). All constituents 
compared favorably to the allowable levels, although acrylamide, 
arsenic, antimony and thallium required supplemental analyses to 
determine that they were not present at levels which would pose a 
threat.
    Acrylamide: Samples were initially analyzed for acrylamide using 
SW-846 Method 8316. The levels reported using method 8316 were in 
excess of the delisting levels, although the data validation report 
stated that this analytical method was not sufficiently selective for 
acrylamide in the sludge. Acrylamide is a trace contaminant in the 
flocculant-aide used at waste water treatment plants. The facilities 
submitted a detailed mass balance which concluded that the maximum 
possible acrylamide that could be in the sludge would be much lower 
than the reported detections. Rather than accept a mass balance in lieu 
of the reported analytical results, EPA required further supplemental 
analyses by a more sensitive method using SW-846 Method 8032A in 
Selected Ion Monitoring (SIM) mode. Four additional samples 
representing two days of waste were collected at each facility. No 
acrylamide was detected above the level of concern.
    Arsenic, Thallium, and Antimony: Estimated levels of leachable 
arsenic reported in some samples exceeded the delisting level, while 
estimated levels of leachable thallium and antimony in some samples, 
resulted in an aggregate hazard index (HI) in excess of 1.0. Samples 
which were reanalyzed for these constituents using the more sensitive 
Method 6020 were well below the allowable levels both individually and 
in the aggregate. The sample from GM-Lansing Grand River was not 
reanalyzed for thallium and when combined with the nickel in these 
samples, the hazard index remained in excess of one at an annual volume 
of 3,000 cubic yards. To assure that the total HI remains below one, GM 
has requested that the annual volume of delisted waste at the Lansing 
Grand River plant be changed to 2,000 cubic yards, since the estimated 
risk from this waste decreases as the volume decreases.
    Hexachlorobenzene, hexachlorobutadiene, pentachlorophenol, and 2,4 
dinitrotoluene: The initial detection levels for these constituents 
were significantly higher than the allowable levels. To achieve lower 
detection levels for these constituents, samples from each facility 
were reanalyzed by Method 8270 using selective ion monitoring (SIM) 
mode. These constituents were not detected using this more sensitive 
method, although some detection levels were still above the allowable 
delisting level. We believe the analysis indicates these constituents 
are not present in the waste.
    Methyl methacrylate: Ford did not analyze the samples for methyl 
methacrylate. For the annual volume

[[Page 44655]]

which Ford will be disposing, the allowable concentration for methyl 
methacrylate is too high to be a practical concern.

IV. Public Comments Received on the Proposed Exclusion

A. Who Submitted Comments on the Proposed Rule?

    The EPA received public comments on the proposed notice published 
on March 7, 2002 from Alliance of Automobile Manufacturers, Honda of 
America Mfg., Inc., Alcoa Inc., and The Aluminum Association. All 
commenters were supportive of the proposal and suggested expanding the 
project and revising the listing.

B. Comments Received and Responses from EPA

    (1) EPA should revise the F019 listing to specify that wastewater 
treatment sludge from zinc phosphating operations is not within the 
scope of the listing. Data gathered as a result of the Expedited 
Delisting Project together with the available historical data, should 
provide enough data to fully characterize this waste and to justify a 
revision of the listing.
    The Agency is now considering revising the F019 listing. EPA is 
examining the data collected as a result of this project, as well as 
past data, as a basis for a possible revision to the F019 listing.
    (2) EPA should issue an interpretive rule clarifying that zinc 
phosphating operations are outside the scope of the F019 listing.
    An interpretive rule presents administrative and technical 
difficulties. A revision to the listing will require a rulemaking 
process. See response to comment (1) above.
    (3) Automobile assembly facilities outside of Michigan would like 
to take advantage of the precedent set by this expedited delisting 
project to delist F019 generated by similar operations in other states 
and regions.
    The Agency believes that the expedited delisting procedures and 
requirements set forth in this proposal are appropriate for similar 
automotive assembly facilities outside the State of Michigan, subject 
to the discretion of the regulatory agency (state or region).
    (4) Alternatives to landfilling like recycling should be allowed 
within the petition process.
    The Agency does not delist wastes which are recycled because the 
model used to estimate risk is based only on disposal of waste in a 
Subtitle D landfill. The risk which might result from any other 
scenario is not evaluated by the delisting program. However, the Agency 
encourages safe recycling, and variances and exclusions from the 
definition of solid and hazardous wastes are available for wastes which 
are recycled.
    (5) Analytical methods should be specified in the pre-approved 
common sampling plan instead of requiring each participant to submit a 
site-specific list of methods.
    Allowing the petitioner to choose an analytical method which meets 
the data quality objectives specific to the delisting petition provides 
flexibility. Data quality objectives will vary depending on the 
allowable levels which are a function of the volume of petitioned 
waste. The Agency believes that the flexibility of performance based 
methods results in better data.
    (6) Detection limits should not be required prior to sampling since 
they cannot be adequately predicted without a way to estimate matrix 
effects.
    Although matrix effects cannot be assessed in advance of laboratory 
analysis, a laboratory should be able to provide estimated detection 
levels and reporting levels which are lower than, or at least equal to, 
the allowable delisting level for each constituent.
    (7) Since the process generating the sludge is extremely stable, 
verification sampling should be conducted on an annual, instead of 
quarterly, basis. The requirement that any process change be promptly 
reported and the exclusion suspended until EPA gives written approval 
that the delisting can continue is an adequate safeguard justifying the 
decrease in sample event frequency.
    Verification data submitted in conjunction with past delistings of 
this waste have shown significant variation on a quarterly basis over 
longer periods of time. Annual sampling would not detect such 
variations. Once enough verification data are collected to support a 
statistical analysis, a change in the frequency of verification 
sampling and/or sampling parameters may be considered.
    (8) The final Federal Register should make it clear that assembly 
plants that manufacture light trucks are also eligible for the project.
    Today's notice specifically defines eligible facilities as 
inclusive of manufacturers of light trucks.
    (9) The table of maximum allowable levels in the March 7, 2002 
proposed rule contains errors in the columns for vinyl chloride.
    The error was caused by a missing space or tab in the table. 
Although vinyl chloride was not detected in the waste at any of the six 
facilities, the maximum allowable concentrations proposed for 1,000 
cubic yards of waste should have been a total of 178 milligrams per 
kilogram (mg/kg) and 0.00384 milligrams per liter (mg/L) in the TCLP. 
For 2,000 cubic yards of waste, 115 mg/kg total and 0.00234 mg/L TCLP 
were proposed. For 3,000 cubic yards of waste, 89.4 mg/kg total and 
0.00175 mg/L TCLP were proposed.

V. Final Rule Granting these Petitions

A. What Decision Is EPA Finalizing?

    Today the EPA is finalizing exclusions to conditionally delist 
wastewater treatment plant sludge from conversion coating on aluminum 
generated at the following facilities: (1) General Motors Corporation, 
Pontiac East Plant, in Pontiac, Michigan (3,000 cubic yards annually); 
(2) General Motors Corporation, Hamtramck Plant, in Detroit, Michigan 
(3,000 cubic yards annually); (3) General Motors Corporation, Flint 
Truck, in Flint, Michigan (3,000 cubic yards annually); (4) General 
Motors Corporation, City of Lansing, and Trigen/Cinergy-USFOS of 
Lansing LLC, Lansing Grand River Plant, in Lansing, Michigan (2,000 
cubic yards annually); (5) Ford Motor Company, Wixom Assembly Plant, in 
Wixom, Michigan (2,000 cubic yards annually); and (6) Ford Motor 
Company, Michigan Truck/Wayne Integrated Stamping and Assembly Plant, 
in Wayne, Michigan (2,000 cubic yards annually).
    On March 7,2002, EPA proposed to exclude or delist these wastewater 
treatment sludges from the list of hazardous wastes in 40 CFR 261.31 
and accepted public comment on the proposed rule (67 FR 10341). EPA 
considered all comments received, and for reasons stated in both the 
proposal and this document, we believe that these wastes should be 
excluded from hazardous waste control.

B. What Are the Terms of This Exclusion?

    The facilities must dispose of the waste in a lined Subtitle D 
landfill which is permitted, licensed, or registered by a state to 
manage industrial waste. The facilities must verify on a quarterly 
basis that the concentrations of the constituents of concern do not 
exceed the allowable levels set forth in this exclusion by obtaining 
and analyzing a representative sample of the waste according to the 
current waste analysis plan modified to include the improved 
methodologies discussed in section III. B.
    The list of constituents for verification is a subset of those 
initially tested for and is based on the occurrence of

[[Page 44656]]

constituents at the majority of facilities and the concentrations 
relative to the allowable levels. Since all the facilities include 
significant amounts of nickel in the leachate and nickel combines with 
thallium targeting the liver and cadmium targeting the kidney, the 
total hazard index from nickel and thallium combined and/or nickel and 
cadmium combined shall not exceed 1.0.
    This exclusion applies only to the maximum annual volumes cited in 
section V.A. of this preamble and is effective only if all conditions 
contained in this rule are satisfied.

C. When Is the Delisting Effective?

    This rule is effective July 30, 2003. The Hazardous and Solid Waste 
Amendments of 1984 amended section 3010 of RCRA to allow rules to 
become effective in less than six months when the regulated community 
does not need the six-month period to come into compliance. This rule 
reduces rather than increases the existing requirements and, therefore, 
is effective immediately upon publication under the Administrative 
Procedure Act, pursuant to 5 U.S.C. 553(d).

D. How Does This Action Affect the States?

    Today's exclusion is being issued under the federal RCRA delisting 
program. Therefore, only states subject to federal RCRA delisting 
provisions would be affected. This exclusion is not effective in states 
which have received authorization to make their own delisting 
decisions. Also, the exclusion may not be effective in states having a 
dual system that includes federal RCRA requirements and their own 
requirements. EPA allows states to impose their own regulatory 
requirements that are more stringent than EPA's, under section 3009 of 
RCRA. These more stringent requirements may include a provision that 
prohibits a federally issued exclusion from taking effect in the state. 
Because a dual system (that is, both federal (RCRA) and state (non-
RCRA) programs) may regulate a petitioner's waste, we urge petitioners 
to contact the state regulatory authority to establish the status of 
their wastes under the state law.
    EPA has also authorized some states 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 participating 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 it can 
manage the waste as nonhazardous in the state.

VI. Regulatory Impact

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), these 
rules are not of general applicability and therefore are not regulatory 
actions subject to review by the Office of Management and Budget. 
Because these rules are each of particular applicability relating to a 
particular facility, they are not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or 
to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of 
1995 (UMRA) (Pub. L. 104-4). Because each of the rules will affect only 
a particular facility, each rule will not significantly or uniquely 
affect small governments, as specified in section 203 of UMRA, or 
communities of tribal governments, as specified in Executive Order 
13175 (65 FR 67249, November 6, 2000). For the same reason, each rule 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). These rules also are not subject to Executive Order 13045 
(62 FR 19885, April 23, 1997), because they are not economically 
significant.
    These rules do not involve technical standards; thus, the 
requirements of section 12(c) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing these rules, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. These rules do not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

VII. Congressional Review Act

    The Congressional Review Act (5 U.S.C. 801 et seq.) as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of Congress and to the Comptroller General of the United 
States. EPA will submit a report containing these rules and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, the Comptroller General of the United States prior to 
publication of the final rule in the Federal Register. Each of these 
rules is not a ``major rule'' as defined by 5 U.S.C. 804(2). These 
rules will become effective on the date of publication in the Federal 
Register.

List of Subjects in 40 CFR Part 261

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

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

    Dated: July 21, 2003.
Margaret M. Guerriero,
Acting Director, Waste, Pesticides and Toxics Division.

0
For the reasons set out in the preamble, 40 CFR part 261 is amended as 
follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

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


0
2. In Table 1 of Appendix IX of part 261 the following wastestreams are 
added in alphabetical order by facility to read as follows:

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

[[Page 44657]]



                               Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
                Facility and address                                       Waste description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Ford Motor Company, Michigan Truck Plant and Wayne
 Integrated Stamping and Assembly Plant.
    --Wayne, Michigan...............................  Waste water treatment plant sludge, F019, that is
                                                       generated by Ford Motor Company at the Wayne 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 2,000 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 July 30, 2003.
                                                      1. Delisting Levels: (A) The TCLP concentrations measured
                                                       in any sample may not exceed the following levels (mg/L):
                                                       Antimony--0.659; Arsenic--0.3; Cadmium--0.48; Chromium--
                                                       4.95; Lead--5; Nickel--90.5; Selenium--1; Thallium--
                                                       0.282; Tin--721; Zinc--898; p-Cresol--11.4; and
                                                       Formaldehyde--84.2. (B) The total concentrations measured
                                                       in any sample may not exceed the following levels (mg/
                                                       kg): Mercury--8.92; and Formaldehyde--689. (C) The sum of
                                                       the ratios of the TCLP concentrations to the delisting
                                                       levels for nickel and thallium and for nickel and cadmium
                                                       shall not exceed 1.0.
                                                      2. Quarterly Verification Testing: To verify that the
                                                       waste does not exceed the specified delisting levels, the
                                                       facility must collect and analyze one waste sample on a
                                                       quarterly basis.
                                                      3. 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.
                                                      4. 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).
                                                      5. 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)
                                                       relevant to the delisted waste indicating that any
                                                       constituent is at a level in the leachate higher than the
                                                       specified delisting level, or is in the groundwater at a
                                                       concentration higher than the maximum allowable
                                                       groundwater concentration in paragraph (e), 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.
                                                         (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.
                                                         (e) Maximum Allowable Groundwater Concentrations (ug/
                                                          L): Antimony--6; Arsenic--4.87; Cadmium--5; Chromium--
                                                          100; Lead--15; Nickel--750; Selenium--50; Thallium--2;
                                                          Tin--22,500; Zinc--11,300; p-Cresol--188; and
                                                          Formaldehyde--1,380.
Ford Motor Company, Wixom Assembly Plant:
    --Wixom, Michigan...............................  Waste water treatment plant sludge, F019, that is
                                                       generated by Ford Motor Company at the Wixom Assembly
                                                       Plant, Wixom, Michigan at a maximum annual rate of 2,000
                                                       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 July 30, 2003. The conditions in paragraphs (2)
                                                       through (5) for Ford Motor Company--Michigan Truck Plant
                                                       and Wayne Integrated Stamping Plant--Wayne, Michigan also
                                                       apply.
                                                      Delisting Levels: (A) The TCLP concentrations measured in
                                                       any sample may not exceed the following levels (mg/L):
                                                       Antimony--0.659; Arsenic--0.3; Cadmium--0.48; Chromium--
                                                       4.95; Lead--5; Nickel--90.5; Selenium--1; Thallium--
                                                       0.282; Tin--721; Zinc--898; p-Cresol--11.4; and
                                                       Formaldehyde--84.2. (B) The total concentrations measured
                                                       in any sample may not exceed the following levels (mg/
                                                       kg): Mercury--8.92; and Formaldehyde--689. (C) The sum of
                                                       the ratios of the TCLP concentrations to the delisting
                                                       levels for nickel and thallium and for nickel and cadmium
                                                       shall not exceed 1.0.

[[Page 44658]]

 
General Motors Corporation, Flint Truck:
    --Flint, Michigan...............................  Waste water treatment plant sludge, F019, that is
                                                       generated by General Motors Corporation at Flint Truck,
                                                       Flint, Michigan at a maximum annual rate of 3,000 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 July 30,
                                                       2003. The conditions in paragraphs (2) through (5) for
                                                       Ford Motor Company--Michigan Truck Plant and Wayne
                                                       Integrated Stamping Plant--Wayne, Michigan also apply.
                                                      Delisting Levels: (A) The TCLP concentrations measured in
                                                       any sample may not exceed the following levels (mg/L):
                                                       Antimony--0.494; Arsenic--0.224; Cadmium--0.36; Chromium--
                                                       3.71; Lead--5; Nickel--67.8; Selenium--1; Thallium--
                                                       0.211; Tin--540; Zinc--673; p-Cresol--8.55; and
                                                       Formaldehyde--63. (B) The total concentrations measured
                                                       in any sample may not exceed the following levels (mg/
                                                       kg): Mercury--6.34; and Formaldehyde--535. (C) The sum of
                                                       the ratios of the TCLP concentration to the delisting
                                                       level for nickel and thallium and for nickel and cadmium
                                                       shall not exceed 1.0.
General Motors Corporation, Hamtramck:
    --Detroit, Michigan.............................  Waste water treatment plant sludge, F019, that is
                                                       generated by General Motors Corporation at Hamtramck,
                                                       Detroit, Michigan at a maximum annual rate of 3,000 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 July 30,
                                                       2003. The conditions in paragraphs (2) through (5) for
                                                       Ford Motor Company--Michigan Truck Plant and Wayne
                                                       Integrated Stamping Plant--Wayne, Michigan also apply. A
                                                       maximum allowable groundwater concentration of 3,750
                                                       [mu]g/L for n-butyl alcohol is added to paragraph (5)(e).
                                                      Delisting Levels: (A) The TCLP concentrations measured in
                                                       any sample may not exceed the following levels (mg/L):
                                                       Antimony--0.494; Arsenic--0.224; Cadmium--0.36; Chromium--
                                                       3.71; Lead--5; Nickel--67.8; Selenium--1; Thallium--
                                                       0.211; Tin--540; Zinc--673; p-Cresol--8.55; Formaldehyde--
                                                       63; and n-Butyl alcohol--171. (B) The total
                                                       concentrations measured in any sample may not exceed the
                                                       following levels (mg/kg): Mercury--6.34; and
                                                       Formaldehyde--535. (C) The sum of the ratios of the TCLP
                                                       concentration to the delisting level for nickel and
                                                       thallium and for nickel and cadmium shall not exceed 1.0.
General Motors Corporation, Pontiac East:
    --Pontiac, Michigan.............................  Waste water treatment plant sludge, F019, that is
                                                       generated by General Motors Corporation at Pontiac East,
                                                       Pontiac, Michigan at a maximum annual rate of 3,000 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 July 30,
                                                       2003. The conditions in paragraphs (2) through (5) for
                                                       Ford Motor Company--Michigan Truck Plant and Wayne
                                                       Integrated Stamping Plant--Wayne, Michigan also apply.
                                                      Delisting Levels: (A) The TCLP concentrations measured in
                                                       any sample may not exceed the following levels (mg/L):
                                                       Antimony--0.494; Arsenic--0.224; Cadmium--0.36; Chromium--
                                                       3.71; Lead--5; Nickel--67.8; Selenium--1; Thallium--
                                                       0.211; Tin--540; Zinc--673; p-Cresol--8.55; and
                                                       Formaldehyde--63. (B) The total concentrations measured
                                                       in any sample may not exceed the following levels (mg/
                                                       kg): Mercury--6.34; and Formaldehyde--535. (C) The sum of
                                                       the ratios of the TCLP concentrations to the delisting
                                                       levels for nickel and thallium and for nickel and cadmium
                                                       shall not exceed 1.0.
Trigen/Cinergy-USFOS of Lansing LLC at General
 Motors Corporation, Lansing Grand River:
    --Lansing, Michigan.............................  Waste water treatment plant sludge, F019, that is
                                                       generated at General Motors Corporation's Lansing Grand
                                                       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
                                                       2,000 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 July 30, 2003. The conditions in paragraphs (2)
                                                       through (5) for Ford Motor Company--Michigan Truck Plant
                                                       and Wayne Integrated Stamping Plant--Wayne, Michigan also
                                                       apply.
                                                      Delisting Levels: (A) The TCLP concentrations measured in
                                                       any sample may not exceed the following levels (mg/L):
                                                       Antimony--0.659; Arsenic--0.3; Cadmium--0.48; Chromium--
                                                       4.95; Lead--5; Nickel--90.5; Selenium--1; Thallium--
                                                       0.282; Tin--721; Zinc--898; p-Cresol--11.4; and
                                                       Formaldehyde--84.2. (B) The total concentrations measured
                                                       in any sample may not exceed the following levels (mg/
                                                       kg): Mercury--8.92; and Formaldehyde--689. (C) The sum of
                                                       the ratios of the TCLP concentrations to the delisting
                                                       levels for nickel and thallium and for nickel and cadmium
                                                       shall not exceed 1.0.
----------------------------------------------------------------------------------------------------------------


[[Page 44659]]

[FR Doc. 03-19285 Filed 7-29-03; 8:45 am]
BILLING CODE 6560-50-P