[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Rules and Regulations]
[Pages 21153-21159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8189]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[R5-MIECOS-01; SW-FRL-7902-9]


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 a petition to exclude (or ``delist'') wastewater treatment 
plant sludge from conversion coating on aluminum generated by the Ford 
Motor Company Dearborn Truck Assembly Plant (DTP) in Dearborn, Michigan 
from the list of hazardous wastes.
    Today's action conditionally excludes the petitioned waste 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 exclusion was proposed on 
March 7, 2002 as part of an expedited process to evaluate this waste 
under a pilot project developed with the Michigan Department of 
Environmental Quality (MDEQ). The rule also imposes testing conditions 
for waste generated in the future to ensure that this waste continues 
to qualify for delisting.

DATES: This rule is effective on April 25, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. R5-MIECOS-01. All documents in the docket are listed in the index. 
Publicly available docket materials are available in hard copy at the 
U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604. This Docket 
Facility is open from 8 a.m. to 4 p.m., Monday through Friday, 
excluding Federal holidays. The public may copy material from the 
regulatory docket at $0.15 per page. Contact Judy Kleiman for 
appointments at the address above, by email at [email protected] or 
by calling (312) 886-1482.

FOR FURTHER INFORMATION CONTACT: For technical information concerning 
this document, contact Judy Kleiman, Waste, Pesticides, and Toxics 
Division, (Mail Code: DW-8J), U.S. EPA Region 5, 77 W. Jackson Blvd., 
Chicago, IL 60604; telephone number: (312) 886-1482; fax number: (312) 
353-4788; e-mail address: [email protected].

[[Page 21154]]


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?
    C. What waste did DTP petition to delist?
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 This Petition
    A. What information was submitted in support of this petition?
    B. How did EPA evaluate the information submitted?
IV. Public Comments Received on the Proposed Expedited Process
    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. Statutory and Executive Order Reviews

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) 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 from the lists of hazardous wastes on a ``generator specific'' 
basis.

C. What Waste Did DTP Petition To Delist?

    DTP petitioned to exclude wastewater treatment sludge resulting 
from a zinc phosphating conversion coating process on truck bodies 
which have aluminum components. When treated, the wastewater from the 
conversion coating on aluminum results in a listed waste, F019. The 
wastewater from the phosphating process entering the wastewater 
treatment plant combines with wastewaters from other operations at the 
plant including cleaning and rinsing operations, electrocoating 
processes, vehicle leak testing, and floor scrubbing. Wastewaters 
include alkaline cleaners, surfactants, organic detergents, rinse 
conditioners from cleaning operations and overflows and rinse water 
from electrocoating. All sludge from the treatment of this wastewater 
is regulated as RCRA hazardous waste F019.

II. The Expedited Process for Delisting

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

    Automobile manufacturers are adding aluminum components to 
automobile and light truck bodies. When aluminum is conversion coated 
in a zinc phosphating process in automobile assembly plants, the 
resulting wastewater treatment sludge must be managed as EPA hazardous 
waste F019. F019 wastes generated at other auto assembly plants using 
the same zinc phosphating and wastewater treatment processes have been 
shown 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 for EPA to be more 
efficient 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.
    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. Delisting levels were also proposed for smaller quantities 
of 1,000 and 2,000 cubic yards.

III. EPA's Evaluation of This Petition

A. What Information Was Submitted in Support of This Petition?

    DTP submitted certification that its process was the same as the 
process described in the MOU between Region 5 and MDEQ. See 67 FR 
10341, March 7, 2002. The facility also asserted 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 exclusion demonstration, Ford Dearborn collected six 
samples representing waste generated over a seven week period.\1\ Each 
sample was analyzed for: (1) Total analyses of 69 \2\ constituents of 
concern;

[[Page 21155]]

(2) Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 
1311, analyses of 69 constituents of concern; (3) oil and grease; and 
(4) total constituent analyses for sulfide and cyanide. In addition, 
the pH of each sample was measured and a determination was made that 
the waste was not ignitable, corrosive or reactive (see 40 CFR 261.21-
261.23). With the exception of the minor change noted here, all 
sampling and analyses were 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. Instead of sampling directly from six different 
roll-off boxes which would have required multiple sampling events or 
long-term storage of full roll-off boxes, DTP collected representative 
amounts of sludge each week from June 8 through July 27, 2004. The 
sludge for each week was placed in a separate drum. On July 27, 2004, 
composite and grab samples were collected from each of the six drums.
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    \1\ Because the plant was shut down from July 4-11, 2004, the 
time necessary to collect 6 samples was extended to 7 weeks.
    \2\ The expedited delisting project originally required analysis 
of 70 constituents. However, the analysis of acrylamide required 
extreme methods to achieve a detection level at the level of 
concern. Since no acrylamide was detected in any sample analyzed by 
the original facilities participating in the expedited delisting 
project, the Agency decided it would not be appropriate to require 
analysis for acrylamide.
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    The maximum values of constituents detected in any sample of the 
waste and in a TCLP extract of that waste are summarized in the 
following table. The data submitted included the appropriate QA/QC 
information validated by a third party.
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    \3\ In the proposed rule, the allowable level for TCLP PCP was 
set at 0.004 mg/L for participants generating 2,000 cubic yards 
annually. This value was based on child-dermal exposure to 
contaminated groundwater, but the model was found to overestimate 
this exposure by using an inappropriate exposure duration. This 
error in the software has since been corrected. Using the correct 
exposure factors, the limiting pathway is adult-dermal exposure to 
contaminated groundwater with an allowable level of 0.009 mg/L.

----------------------------------------------------------------------------------------------------------------
                                 Maximum observed concentration         Maximum allowable
                               ---------------------------------          concentration
     Constituent detected                                       --------------------------------    GW (ug/L)
                                 Total  (mg/kg)    TCLP (mg/L)    Total (mg/kg)    TCLP (mg/L)
----------------------------------------------------------------------------------------------------------------
                                           Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
formaldehyde..................             13            0.64               700          80            1,400
n-butyl alcohol...............         < 26 R          < 0.5 R               NA         230            4,000
toluene.......................            < 0.5          0.0021              NA          60            1,000
-------------------------------
                                         Semivolatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
bis(2-ethylhexyl) phthalate...              1.9        < 0.005               NA           0.09             1.5
p-cresol......................            < 1.5          0.042               NA          11              200
di-n-octylphthalate...........              1.9          0.003               NA           0.11             1.3
pentachlorophenol.............            < 1.5          0.0045           3,000       \3\ 0.009            0.15
-------------------------------
                                                     Metals
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arsenic.......................           < 50          < 0.02             8,000           0.3              5
barium........................           1700            1.02                NA         100            2,000
chromium......................             49          < 0.05                NA           5              100
cobalt........................              1.7          0.03                NA          70            2,000
lead..........................             36          < 0.1                 NA           5               15
nickel........................           2610           38.9                 NA          90              800
silver........................            288          < 0.05                NA           5              200
tin...........................            292          < 0.5                 NA         700           20,000
vanadium......................            226            0.02                NA          70              300
zinc..........................         14,200           27.4                 NA         900           11,000
-------------------------------
                                                  Miscellaneous
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corrosivity (pH)..............
                                          2 < x < 12.5                       NA
Oil & grease..................                8020
                                               NA                            NA
sulfide.......................                 36
                                       See 40 CFR 261.23                    NA
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R-- The numerical value is not useable.
<-- Not detected at the specified concentration.
NA--not applicable.
 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 DTP to the maximum 
allowable levels calculated by the DRAS and set forth in the proposed 
rule (67 FR 10341, March 7, 2002). The maximum allowable levels for 
constituents detected in the waste or a TCLP extract of the waste are 
summarized in the table above, along with the observed levels. The 
table also includes the maximum allowable levels in groundwater at a 
potential receptor well, as evaluated by the Delisting Risk Assessment 
Software (DRAS). These levels are the more conservative of either the 
Safe Drinking Water Act Maximum Contaminant Level (MCL) or the health-
based value calculated by DRAS based on the target cancer risk level of 
10-\6\. For arsenic, the target cancer risk was set at 
10-\4\ in consideration of the MCL and the potential for 
natural occurrence. The maximum allowable groundwater concentration and 
delisting level for arsenic correspond to a drinking water 
concentration less than one half the current MCL of 10 [mu]g/L.
    EPA also used the DRAS program to estimate the aggregate cancer 
risk and hazard index for constituents detected in the waste. The 
aggregate cancer risk is the cumulative total of all individual 
constituent cancer risks. The hazard

[[Page 21156]]

index is a similar cumulative total of non-cancer effects. The target 
aggregate cancer risk is 1x10-\5\ and the target hazard 
index is one. The wastewater treatment plant sludge at DTP met both of 
these criteria.

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) Comment: 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.
    EPA Response: 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) Comment: EPA should issue an interpretive rule clarifying that 
zinc phosphating operations are outside the scope of the F019 listing.
    EPA Response: 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) Comment: 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.
    EPA Response: 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) Comment: Alternatives to landfilling like recycling should be 
allowed within the petition process.
    EPA Response: 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) Comment: 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.
    EPA Response: 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) Comment: Detection limits should not be required prior to 
sampling since they cannot be adequately predicted without a way to 
estimate matrix effects.
    EPA Response: 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) Comment: 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.
    EPA Response: 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) Comment: The final Federal Register should make it clear that 
assembly plants that manufacture light trucks are also eligible for the 
project.
    EPA Response: Today's notice specifically defines eligible 
facilities as inclusive of manufacturers of light trucks.
    (9) Comment: The table of maximum allowable levels in the March 7, 
2002 proposed rule contains errors in the columns for vinyl chloride.
    EPA Response: The error was caused by a missing space or tab in the 
table. The maximum allowable concentrations proposed for 2,000 cubic 
yards of waste should have been 115 mg/kg total and 0.00234 mg/L TCLP.

V. Final Rule Granting These Petitions

A. What Decision Is EPA Finalizing?

    Today the EPA is finalizing an exclusion to conditionally delist an 
annual volume of 2,000 cubic yards of wastewater treatment plant sludge 
generated at DTP from conversion coating on aluminum.
    On March 7, 2002, EPA proposed to exclude or delist this wastewater 
treatment sludge 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 we believe that this waste should 
be excluded from hazardous waste control.

B. What Are the Terms of This Exclusion?

    DTP must dispose of the waste in a lined subtitle D landfill which 
is permitted, licensed, or registered by a state to manage industrial 
solid waste. DTP must obtain and analyze on a quarterly basis a 
representative sample of the waste in accordance with the waste 
analysis plan. DTP must verify that the concentrations of the 
constituents of concern do not exceed the allowable levels set forth in 
this exclusion. The list of constituents for verification is a subset 
of those initially tested for and is based on the occurrence of 
constituents at the majority of facilities participating in the 
expedited process to delist F019 and the concentrations detected 
relative to the allowable levels.
    This exclusion applies only to a maximum annual volume of 2,000 
cubic yards and is effective only if all conditions contained in this 
rule are satisfied.

C. When Is the Delisting Effective?

    This rule is effective April 25, 2005. 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).

[[Page 21157]]

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. 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. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this rule is not of general applicability 
and therefore is not a regulatory action subject to review by the 
Office of Management and Budget (OMB). This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a 
particular facility only. Because this rule is of particular 
applicability relating to a particular facility, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because 
this rule will affect only a particular facility, it will not 
significantly or uniquely affect small governments, as specified in 
section 203 of UMRA.
    Because this rule will affect only a particular facility, this 
final rule does not have federalism implications. It 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, ``Federalism,'' (64 FR 43255, 
August 10, 1999). Thus, Executive Order 13132 does not apply to this 
rule. Similarly, because this rule will affect only a particular 
facility, this final rule does not have tribal implications, as 
specified in Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, 
Executive Order 13175 does not apply to this rule.
    This rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant as defined in Executive Order 12866, and because the Agency 
does not have reason to believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. The basis for this belief is that the Agency used the DRAS 
program, which considers health and safety risks to infants and 
children, to calculate the maximum allowable concentrations for this 
rule.
    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it is not 
a significant regulatory action under Executive Order 12866.
    This rule does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
    As required by section 3 of Executive Order 12988, ``Civil Justice 
Reform,'' (61 FR 4729, February 7, 1996), in issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report which includes a copy of the rule to 
each House of the Congress and to the Comptroller General of the United 
States. Section 804 exempts from section 801 the following types of 
rules (1) rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability.

List of Subjects in 40 CFR Part 261

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

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

    Dated: April 14, 2005.
Bruce Sypniewski,
Acting Director, Waste, Pesticides and Toxics Division.

0
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

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:

[[Page 21158]]

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

                                                   Table 1.--Wastes Excluded From Non-Specific Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Facility                                            Address                                   Waste description
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Ford Motor Company, Dearborn Truck Assembly Plant..........  Dearborn, Michigan.......................  Wastewater treatment plant sludge, F019, that is
                                                                                                         generated by Ford Motor Company at the Dearborn
                                                                                                         Truck Asembly Plant 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 April 25, 2005.
                                                                                                        1. Delisting Levels: (A) The concentrations in a
                                                                                                         TCLP extract of the waste measured in any
                                                                                                         sample may not exceed the following levels (mg/
                                                                                                         L): antimony--0.7; arsenic--0.3; barium--100;
                                                                                                         cadmium--0.5; chromium--5; lead--5; nickel--90;
                                                                                                         selenium--1; thallium--0.3; zinc--900; p-
                                                                                                         cresol--11; di-n-octyl phthlate--0.11;
                                                                                                         formaldehyde--80; and pentachlorophenol--0.009.
                                                                                                         (B) The total concentration measured in any
                                                                                                         sample may not exceed the following levels (mg/
                                                                                                         kg): mercury--9; and formaldehyde--700.
                                                                                                        2. Quarterly Verification Testing: To verify
                                                                                                         that the waste does not exceed the specified
                                                                                                         delisting levels, Dearborn Truck Assembly Plant
                                                                                                         must collect and analyze one representative
                                                                                                         sample of the waste on a quarterly basis.
                                                                                                        3. Changes in Operating Conditions: Dearborn
                                                                                                         Truck Assembly Plant 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 change significantly.
                                                                                                         Dearborn Truck Assembly Plant 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: Dearborn Truck Assembly
                                                                                                         Plant [Redln Off] 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. Dearborn
                                                                                                         Truck Assembly Plant must compile, summarize
                                                                                                         and maintain on site for a minimum of five
                                                                                                         years records of operating conditions and
                                                                                                         analytical data. Dearborn Truck Assembly Plant
                                                                                                         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, Dearborn Truck
                                                                                                         Assembly Plant 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 Dearborn
                                                                                                         Truck Assembly Plant 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 21159]]

 
                                                                                                        (c) If the Regional Administrator determines
                                                                                                         that the reported information does require
                                                                                                         Agency action, the Regional Administrator will
                                                                                                         notify Dearborn Truck Assembly Plant 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 Dearborn Truck Assembly
                                                                                                         Plant with an opportunity to present
                                                                                                         information as to why the proposed Agency
                                                                                                         action is not necessary or to suggest an
                                                                                                         alternative action. Dearborn Truck Assembly
                                                                                                         Plant shall have 30 days from the date of the
                                                                                                         Regional Administrator's notice to present the
                                                                                                         information.
                                                                                                        (d) If after 30 days the Dearborn Truck Assembly
                                                                                                         Plant 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
                                                                                                         ([mu]g/L): antimony--6; arsenic--5; barium--
                                                                                                         2,000; cadmium--5; chromium--100; lead--15;
                                                                                                         nickel--800; selenium--50; thallium--2; tin--
                                                                                                         20,000; zinc--11,000; p-Cresol--200; Di-n-octyl
                                                                                                         phthlate--1.3; Formaldehyde--1,400; and
                                                                                                         Pentachlorophenol--0.15.
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[FR Doc. 05-8189 Filed 4-22-05; 8:45 am]
BILLING CODE 6560-50-P