[Federal Register Volume 75, Number 213 (Thursday, November 4, 2010)]
[Proposed Rules]
[Pages 67919-67925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27886]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 /
Proposed Rules
[[Page 67919]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R05-RCRA-2010-0843; SW-FRL-9221-2]
Hazardous Waste Management System; Proposed Exclusion for
Identifying and Listing Hazardous Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule and request for comment.
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SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is
proposing to grant a petition submitted by Owosso Graphic Arts Inc.
(Owosso), in Owosso Michigan to exclude (or ``delist'') up to 244 cubic
yards of wastewater treatment sludge per year from the list of
hazardous wastes.
The Agency has tentatively decided to grant the petition based on
an evaluation of waste-specific information provided by Owosso. This
proposed decision, if finalized, conditionally excludes the petitioned
waste from the requirements of hazardous waste regulations under the
Resource Conservation and Recovery Act.
We conclude that Owosso's petitioned waste is nonhazardous with
respect to the original listing criteria and that there are no other
factors which would cause the waste to be hazardous when disposed of in
a Subtitle D landfill which is permitted, licensed, or registered by a
State to manage industrial solid waste.
DATES: Comments must be received on or before December 6, 2010.
Requests for an informal hearing must reach EPA by November 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R05-
RCRA-2010-0843] by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Mail: to Christopher Lambesis, Environmental Protection
Agency, Land and Chemicals Division, (Mail Code: LR-8J), EPA Region 5,
77 West Jackson Boulevard, Chicago, IL 60604.
Hand Delivery: to Christopher Lambesis, Land and Chemicals
Division, EPA Region 5, 8th Floor, 77 West Jackson Boulevard, Chicago,
IL 60604. Such deliveries are only accepted during normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please contact Christopher Lambesis at (312) 886-
3583.
Instructions: Direct your comments to Docket ID No. [EPA-R05-RCRA-
2010-0843]. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Any person may request an informal hearing on this proposed
decision by filing a request with Bruce Sypniewski, Acting Director,
Land and Chemicals Division, Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. The request must contain
the information prescribed in 40 CFR 260.20(d).
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Records Center, 7th floor, U.S. EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. We
recommend you telephone Christopher Lambesis at (312) 886-3583 before
visiting the Region 5 office. The public may copy material from the
regulatory docket at 15 cents per page.
FOR FURTHER INFORMATION CONTACT: Christopher Lambesis, Land and
Chemicals Division, (Mail Code: LR-8J), EPA Region 5, 77 W. Jackson
Boulevard, Chicago, IL 60604; telephone number: (312) 886-3583; fax
number (312) 692-2195; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:
I. Overview Information
II. Background
A. What is a listed waste?
B. What is a delisting petition?
C. What factors must EPA consider in deciding whether to grant a
delisting petition?
III. EPA's Evaluation of the Waste Information and Data
A. What waste did Owosso petition EPA to delist?
B. How does Owosso generate the waste?
C. How did Owosso sample and analyze the waste?
D. What were the results of Owosso's analysis of the waste?
E. How did EPA evaluate the risk of delisting this waste?
F. What did EPA conclude about Owosso's waste?
IV. Conditions for Exclusion
A. When would EPA finalize the proposed delisting exclusion?
B. How will Owosso manage the waste if it is delisted?
[[Page 67920]]
C. What are the maximum allowable concentrations of hazardous
constituents in the waste?
D. How frequently must Owosso test the waste?
E. What data must Owosso submit?
F. What happens if Owosso's waste fails to meet the conditions
of the exclusion?
G. What must Owosso do if the process changes?
V. How would this action affect states?
VI. Statutory and Executive Order Reviews
I. Overview Information
The EPA is proposing to grant a petition submitted by Owosso
Graphic Arts Incorporated (Owosso) located in Owosso, Michigan to
exclude or delist an annual volume of 244 cubic yards of F006
wastewater treatment sludge from the lists of hazardous waste set forth
in Title 40 of the Code of Federal Regulations (40 CFR) 261.31. Owosso
claims that the petitioned waste does not meet the criteria for which
EPA listed it, and that there are no additional constituents or factors
which could cause the waste to be hazardous.
Based on our review described in section III, we agree with the
petitioner that the waste is nonhazardous. We reviewed the description
of the process which generates the waste and the analytical data
submitted by Owosso. We believe that the petitioned waste does not meet
the criteria for which the waste was listed, and that there are no
other factors which might cause the waste to be hazardous.
II. Background
A. What is a listed waste?
The EPA published an amended list of hazardous wastes from
nonspecific and specific sources on January 16, 1981, as part of its
final and interim final regulations implementing section 3001 of
Resource Conservation and Recovery Act (RCRA). The EPA has amended this
list several times and published it in 40 CFR 261.31 and 261.32.
We list these wastes as hazardous because: (1) They typically and
frequently exhibit one or more of the characteristics of hazardous
wastes identified in subpart C of part 261 (that is, ignitability,
corrosivity, reactivity, and toxicity) or (2) they meet the criteria
for listing contained in Sec. 261.11(a)(2) or (3).
B. What is a delisting petition?
Individual waste streams may vary depending on raw materials,
industrial processes, and other factors. Thus, while a waste described
in the regulations generally is hazardous, a specific waste from an
individual facility meeting the listing description may not be.
A procedure to exclude or delist a waste is provided in 40 CFR
260.20 and 260.22 which allows a person, or a facility, to submit a
petition to the EPA or to an authorized state demonstrating that a
specific waste from a particular generating facility is not hazardous.
In a delisting petition, the petitioner must show that a waste does
not meet any of the criteria for listed wastes in 40 CFR 261.11 and
that the waste does not exhibit any of the hazardous waste
characteristics of ignitability, reactivity, corrosivity, or toxicity.
The petitioner must present sufficient information for us to decide
whether any factors in addition to those for which the waste was listed
warrant retaining it as a hazardous waste. (See Sec. 260.22, 42 United
States Code--U.S.C.--6921(f) and the background documents for the
listed wastes.)
If a delisting petition is granted, the generator remains obligated
under RCRA to confirm that the waste remains nonhazardous.
C. What factors must EPA consider in deciding whether to grant a
delisting petition?
In reviewing this petition, we considered the original listing
criteria and the additional factors required by the Hazardous and Solid
Waste Amendments of 1984 (HSWA). See section 222 of HSWA, 42 U.S.C.
6921(f), and 40 CFR 260.22(d)(2)-(4). We evaluated the petitioned waste
against the listing criteria and factors cited in Sec. 261.11(a)(2)
and (3).
Besides considering the criteria in 40 CFR 260.22(a), 261.11(a)(2)
and (3), 42 U.S.C. 6921(f), and in the background documents for the
listed wastes, EPA must consider any factors (including additional
constituents) other than those for which we listed the waste if these
additional factors could cause the waste to be hazardous.
Our tentative decision to delist waste from Owosso's facility is
based on our evaluation of the waste for factors or criteria which
could cause the waste to be hazardous. These factors included: (1)
Whether the waste is considered acutely toxic; (2) the toxicity of the
constituents; (3) the concentration of the constituents in the waste;
(4) the tendency of the constituents to migrate and to bioaccumulate;
(5) the persistence in the environment of any constituents once
released from the waste; (6) plausible and specific types of management
of the petitioned waste; (7) the quantity of waste produced; and (8)
waste variability.
EPA must also consider as hazardous wastes mixtures containing
listed hazardous wastes and wastes derived from treating, storing, or
disposing of listed hazardous waste. See 40 CFR 261.3(a)(2)(iv) and
(c)(2)(i), called the ``mixture'' and ``derived-from'' rules,
respectively. Mixture and derived-from wastes are also eligible for
exclusion but remain hazardous until excluded.
III. EPA's Evaluation of the Waste Information and Data
A. What waste did Owosso petition EPA to delist?
In May 2005, Owosso petitioned EPA to exclude an annual volume of
244 cubic yards of F006 wastewater treatment sludges generated at its
facility located in Owosso, Michigan from the list of hazardous wastes
contained in 40 CFR 261.31. F006 is defined in Sec. 261.31 as
``Wastewater treatment sludges from electroplating operations * * *''
Owosso claims that the petitioned waste does not meet the criteria for
which F006 was listed (i.e., cadmium, hexavalent chromium, nickel and
complexed cyanide) and that there are no other factors which would
cause the waste to be hazardous.
B. How does Owosso generate the waste?
Owosso Graphic Arts conducts chemical etching of magnesium plates
to produce photoengraved dies for the printing and foil stamping
industries. Owosso Graphic Arts also etches other metals using ferric
chloride to produce similar products. The magnesium etching process is
physically separated from that of the other metals and share no common
equipment, piping or waste handling procedures.
A desired pattern is applied to a magnesium plate in the form of a
printed laminate sensitive to ultra-violet (UV) light. After UV
exposure, the magnesium plate is exposed to a spray of developing agent
in a self-contained unit that washes away areas of laminate where
etching is to occur. The solvent trichloroethylene (TCE) was used as
the developing agent until December 2007 when an aqueous solution
(Hydro-Coat) containing inorganic sodium salt and a surfactant replaced
TCE.
The aqueous developer was used until September 2008 when Owosso
began using the solvent n-methyl 2-pyrrolidone (NMP) as the developing
agent.
Nitric acid is used to etch the surface of magnesium plates to
create the contoured die surface. The developed plate is cleaned with a
mild (1-2 percent) nitric acid solution to remove the remaining
protective coating from
[[Page 67921]]
the plate. The cleaning solution is discharged to a publicly owned
treatment works (POTW) subject to the Clean Water Act.
The plate is placed in one of several self-contained etching units
varying in size and equipped with reservoirs of nitric acid-based
etching solution (nitric acid, water, Mag-O 20 detergent). The
reservoir may contain between 200-400 liters of etching solution
depending on the size of the etching unit. Each magnesium plate is
weighed prior to entering the etching process and again once etching is
completed. The difference between the initial weight and the post-
etching weight is used to calculate the amount of magnesium residual
remaining in the etching solution reservoir. The amount of metal
residue introduced into the etching solution varies based on the size
of the plate being etched and depth of the etching required by
individual projects.
Operators of the system may adjust the strength of the acid between
etching events to balance the acid content of the solution for optimal
etching performance. Once the metal concentration becomes too great to
provide optimal etching, the nitric acid solution is considered spent
and is transferred to a wastewater treatment process for
neutralization.
Wastewater treatment sludge is produced in a batch process in which
spent etchant (nitric acid based etching solution described above) is
pumped to a holding tank to await treatment. Transfer of approximately
500 gallons of spent etchant into the holding tank occurs on a daily
basis.
The used etchant is combined with sodium hydroxide and water to
neutralize the spent etchant prior to discharge to the City of Owosso's
POTW. The neutralization process requires a residence time of
approximately 30 minutes for complete neutralization of the spent acid
solution. The treated solution is allowed to settle for 12 hours to
allow solids to precipitate and settle to the bottom of the tank. The
supernatant liquid is decanted for discharge to the POTW.
Dewatering of precipitate formed during wastewater treatment occurs
in a filter press adjacent to the tank containment area. The filter
press is emptied into three steel gondolas prior to being placed in a
lined roll-off container.
C. How did Owosso sample and analyze the petitioned waste?
Owosso collected a sample of the waste in July 2004 for total oil
and grease (SW-846 Method 9071B), volatiles (SW-846 Method 8260B), semi
volatiles and pesticides (SW-846 Method 8270C), polychlorinated
biphenyls--PCBs--(SW-846 Method 8082), and metals (SW-846 Method 6010B
except for mercury--SW-846 Method 7471). Owosso sampled the sludge
again in August 2004 for oil and grease (SW-846 Method 9071B). Owosso
continued to characterize the waste based on a November 2004 Sampling
and Analysis Plan. Due to the small waste stream size, EPA and Owosso
agreed to conservatively estimate constituent leaching by dividing the
total result by 20. This simulates the TCLP test with the assumption
that all of the constituent in the total would leach. Owosso collected
five composite samples of the waste between December 2004 and March
2005 and analyzed them for bromomethane and chloromethane (SW-846
Method 8260B), cyanide (SW-846 Method 9012A), sulfide (SW-846 Method
9034), antimony and arsenic (SW-846 Method 6020B), cadmium, chromium,
copper, lead, nickel, and zinc (SW-846 Method 6010B). This subset of
constituents was comprised of waste constituents detected in prior
sampling events and the constituents for which the waste was listed.
EPA later asked for additional analysis for trichloroethylene (TCE)
since Owosso's process includes TCE as a graphic image developer and
may be expected in the waste. Accordingly, Owosso collected additional
grab samples of the waste in November 2007 for full-scan total volatile
analysis (SW-846 Methods 5035 & 8260B). TCE was detected, however,
Owosso had replaced the TCE developer with the aqueous developing agent
by this time. To confirm that concentrations of TCE in the waste were
decreasing since TCE was no longer used and only residual TCE remained
in the process, Owosso collected three additional grab samples for
volatile analysis in April and May of 2008 (SW-846 Method 5035 &
8260B).
Owosso collected four composite samples of the sludge and one
sample of the raw product NMP in March 2010. The samples were analyzed
by a modified SW-846 8270 method for tentatively identifies compounds
(TICs). The raw product NMP sample was used to determine the NMP
retention time in order to aid in the analysis of the composite
samples. The concentration of TICs with similar mass spectra and
retention time to NMP were added to the overall concentration because
they may be derivatives of NMP.
D. What were the results of Owosso's analysis of its waste?
The table below presents the maximum observed total concentrations
for all detected constituents for which maximum allowable total and
leachate concentrations were available. Leachate concentrations were
estimated by dividing the total concentration by 20 (the dilution
factor from the TCLP test). Total concentrations are expressed in
milligrams per kilogram (mg/kg). Leachate concentrations are expressed
in milligrams per liter (mg/L). Owosso submitted a signed statement
certifying accuracy and responsibility of the results. See 40 CFR
260.22(i)(12).
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Maximum observed concentration Maximum allowable
-------------------------------- concentration
Constituent detected Total \1\ (mg/ TCLP \2\ (mg/ -------------------------------- GW (mg/L)
kg) L) Total (mg/kg) TCLP (mg/L)
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Volatile Organic Compounds
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bromomethane.................... 3.8 0.19 172,000 none 0.026
chloromethane................... 1.9 0.095 none 178 0.39
n-methyl,2-pyrrolidone.......... 15.79 E 0.79 none 734 1.65
trichloroethylene............... 1.1 0.055 975,000 \4\ 0.5 0.005
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Metals
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antimony........................ 47 2.4 none 3.15 0.006
arsenic......................... 2.0 0.10 4,580 \3\ 0.25 \3\ 0.0005
cadmium......................... 3.8 0.19 121,000 \4\ 1.0 0.005
chromium........................ 35 1.8 \5\ 2,590 \4\ 5.0 0.1
[[Page 67922]]
copper.......................... 1,020 51 none 700 1.3
cyanide......................... 20 1.0 none 91 0.2
lead............................ 24 1.2 none \4\ 5.0 0.015
nickel.......................... 35 1.8 905,000 400 0.750
zinc............................ 14,000 700 none 6,000 11.3
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\1\ Converted to dry weight basis.
\2\ Estimated from the total concentration (Total/20).
\3\ Set at groundwater concentration corresponding to 1 x 10 -\5\ excess cancer risk.
\4\ Based on the toxicity characteristic in 40 CFR 261 subpart C.
\5\ Based on assuming 100% hexavalent chromium.
E--Estimated (Constituent not present in calibration standard. Calculated using total peak area from
reconstructed ion chromatogram w/response factor of 1. Concentration converted to dry weight and represents
the sum of NMP and NMP-like TICs).
E. How did EPA evaluate the risk of delisting this waste?
For this delisting determination, we assumed that the waste would
be disposed in a Subtitle D landfill and we considered transport of
waste constituents through ground water, surface water and air. We
evaluated Owosso's petitioned waste using the Agency's Delisting Risk
Assessment Software (DRAS) to predict the concentration of hazardous
constituents that might be released from the petitioned waste and to
determine if the waste would pose a threat. To predict the potential
for release to groundwater from landfilled wastes and subsequent routes
of exposure to a receptor, the DRAS uses dilution attenuation factors
derived from EPA's Composite Model for leachate migration with
Transformation Products. From a release to ground water, the DRAS
considers routes of exposure to a human receptor of ingestion of
contaminated ground water, inhalation from groundwater while showering
and dermal contact from groundwater while bathing.
From a release to surface water by erosion of waste from an open
landfill into storm water run-off, DRAS evaluates the exposure to a
human receptor by fish ingestion and ingestion of drinking water. From
a release of waste particles and volatile emissions to air from the
surface of an open landfill, DRAS considers routes of exposure of
inhalation of volatile constituents, inhalation of particles, and air
deposition of particles on residential soil and subsequent ingestion of
the contaminated soil by a child. The technical support document and
the user's guide to DRAS are included in the docket.
At a target cancer risk of 1 x 10-\6\ and a target
hazard quotient of 1.0, the DRAS program determined maximum allowable
concentrations for each constituent in both the waste and the leachate
at an annual waste volume of 244 cubic yards. However, since naturally
occurring concentrations of arsenic are often higher than allowable
concentrations set by the DRAS at a risk of 1 x 10-\6\, EPA
set the allowable concentration of leachable arsenic at a target cancer
risk of 1 x 10-\5\, which corresponds to a concentration at
the point of exposure of approximately one twentieth of the existing
Safe Drinking Water Act (SDWA) Maximum Contaminant Level (MCL). Arsenic
is not expected to be a major constituent of concern in this waste.
We used the maximum estimated annual waste volume and the maximum
reported total and estimated leachate concentrations as inputs to
estimate the constituent concentrations in the ground water, soil,
surface water or air. If, using an appropriate analytical method, a
constituent was not detected in any sample, it was considered not to be
present in the waste.
F. What did EPA conclude about Owosso's waste?
The maximum reported concentrations of the hazardous constituents
found in this waste are presented in the table above. The table also
presents the maximum allowable concentrations. The concentrations of
all constituents in both the waste and the leachate are below the
allowable concentrations. We, therefore, conclude that Owosso's
wastewater treatment sludge is not a substantial or potential hazard to
human health and the environment when disposed of in a Subtitle D
landfill.
We, therefore, propose to grant an exclusion for this waste. If
this exclusion is finalized, Owosso must dispose of this waste in a
Subtitle D landfill permitted or licensed by a state, and will remain
obligated to verify that the waste meets the allowable concentrations
set forth here. Owosso must also continue to determine whether the
waste is identified in subpart C of 40 CFR pursuant to Sec. 261.11(c).
IV. Conditions for Exclusion
A. When would EPA finalize the proposed delisting exclusion?
HSWA specifically requires the EPA to provide notice and an
opportunity for comment before granting or denying a final exclusion.
Thus, EPA will not make a final decision or grant an exclusion until it
has addressed all timely public comments on today's proposal, including
any at public hearings.
Since this rule would reduce the existing requirements for persons
generating hazardous wastes, the regulated community does not need a
six-month period to come into compliance in accordance with section
3010 of RCRA as amended by HSWA.
B. How will Owosso manage the waste if it is delisted?
If the petitioned waste is delisted, Owosso must dispose of it in a
Subtitle D landfill which is permitted, licensed, or registered by a
state to manage industrial waste.
C. What are the maximum allowable concentrations of hazardous
constituents in the waste?
Concentrations measured in the TCLP (or Oily Waste Extraction
Procedure, where appropriate) extract of the waste of the following
constituents must not exceed the following (mg/l): Antimony--3.15;
arsenic--0.25; cadmium--1; chromium--5; lead--5; and zinc--6,000.
D. How frequently must Owosso test the waste?
Owosso must analyze a representative sample of the wastewater
treatment sludges on an annual basis to demonstrate that the
constituents of concern in the petitioned waste do not exceed the
concentrations of concern in section IV.C above. Owosso must use
[[Page 67923]]
methods with sufficient analytical sensitivity and appropriate quality
control procedures. SW-846 Method 1311 must be used for generation of
the leachate extract used in the testing of the delisting levels if oil
and grease comprise less than one percent of the waste. SW-846 Method
1330A must be used for generation of the leaching extract if oil and
grease comprise 1 percent or more of the waste. SW-846 Method 9071B
must be used for determination of oil and grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated by reference in 40 CFR 260.11. A
total analysis of the waste (accounting for any filterable liquids and
the dilution factor inherent in the TCLP method) may be used to
estimate the TCLP concentration as provided for in section 1.2 of
Method 1311.
E. What data must Owosso submit?
Owosso must submit the data obtained through annual verification
testing to U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL
60604, upon the anniversary of the effective date of this exclusion.
Owosso must compile, summarize, and maintain on site records of
operating conditions and analytical data. Owosso 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).
F. What happens if Owosso fails to meet the conditions of the
exclusion?
If Owosso violates the terms and conditions established in the
exclusion, the Agency may start procedures to withdraw the exclusion.
If the verification testing of the waste does not meet the
delisting concentrations described in section IV.C above or other data
(including but not limited to leachate data or groundwater monitoring
data) relevant to the delisted waste indicates that any constituent is
at a concentration in the leachate higher than the specified delisting
concentration, or is in the groundwater at a concentration higher than
the maximum allowable groundwater concentration (in the table in
Section III.D.), Owosso must notify the Agency within 10 days of first
possessing or being made aware of the data. The exclusion will be
suspended and the waste managed as hazardous until Owosso has received
written approval from the Agency to continue the exclusion. Owosso may
provide sampling results which support the continuation of the
delisting exclusion.
The EPA has the authority under RCRA and the Administrative
Procedures Act, 5 U.S.C. 551 (1978) et seq. to reopen a delisting
decision if we receive new information indicating that the conditions
of this exclusion have been violated, or are otherwise not being met.
G. What must Owosso do if the process changes?
If Owosso significantly changes the manufacturing or treatment
process or the chemicals used in the manufacturing or treatment
process, Owosso may not handle the wastewater treatment sludge
generated from the new process under this exclusion until it has
demonstrated to the EPA that the waste meets the concentrations set in
section IV.C and that no new hazardous constituents listed in Appendix
VIII of 40 CFR part 261 have been introduced. Owosso must manage wastes
generated after the process change as hazardous waste until Owosso has
received written notice from EPA that the delisting is reinstated.
V. How would this action affect the states?
Because EPA is issuing today's exclusion under the federal RCRA
delisting program, only states subject to federal RCRA delisting
provisions would be affected. This exclusion may not be effective in
states which have received our authorization to make their own
delisting decisions.
EPA allows states to impose their own non-RCRA regulatory
requirements that are more stringent than EPA's, under section 3009 of
RCRA. These more stringent requirements may include a provision that
prohibits a federally issued exclusion from taking effect in the state.
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 Owosso manages the waste in any state with
delisting authorization, Owosso must obtain delisting authorization
from that state before it can manage the waste as nonhazardous in that
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 DRAS, which considers health and safety
risks to 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,
[[Page 67924]]
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct.
List of Subjects in 40 CFR Part 261
Hazardous waste, Recycling, and Reporting and recordkeeping
requirements.
Authority: Section 3001(f) RCRA, 42 U.S.C. 6921(f).
Dated: October 26, 2010.
Bruce F. Sypniewski,
Acting Director, Land and Chemicals Division.
For the reasons set out in the preamble, EPA proposes to amend 40
CFR part 261 as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
2. In Table 1 of Appendix IX to part 261 add the following waste
stream in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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Owosso Graphic Arts.................. Owosso, Michigan....... Wastewater treatment sludges, F006, generated at
Owosso Graphic Arts (Owosso) facility in
Owosso, Michigan at a maximum annual rate of
244 cubic yards per year. The sludge must be
disposed of in a Subtitle D landfill which is
licensed, permitted, or otherwise authorized by
a state to accept the delisted wastewater
treatment sludge. The exclusion becomes
effective as of [insert final publication
date].
1. Delisting Levels: (A) The constituent
concentrations measured in a leachate extract
may not exceed the following concentrations (mg/
L): antimony--3.15; arsenic--0.25; cadmium--1;
chromium--5; lead--5; and zinc--6,000. (B)
Maximum allowable groundwater concentrations
(mg/L) are as follows: antimony--0.006;
arsenic--0.0005; cadmium--0.005; chromium--0.1;
lead--0.015; and zinc--11.3.
2. Annual Verification Testing: To verify that
the waste does not exceed the specified
delisting concentrations, Owosso must collect
and analyze one waste sample on an annual basis
using methods with appropriate detection
concentrations and elements of quality control.
SW-846 Method 1311 must be used for generation
of the leachate extract used in the testing of
the delisting levels if oil and grease comprise
less than 1 percent of the waste. SW-846 Method
1330A must be used for generation of the
leaching extract if oil and grease comprise 1
percent or more of the waste. SW-846 Method
9071B must be used for determination of oil and
grease. SW-846 Methods 1311, 1330A, and 9071B
are incorporated by reference in 40 CFR 260.11.
A total analysis of the waste (accounting for
any filterable liquids and the dilution factor
inherent in the TCLP method) may be used to
estimate the TCLP concentration as provided for
in section 1.2 of Method 1311.
3. Changes in Operating Conditions: Owosso 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. Owosso must handle wastes
generated after the process change as hazardous
until it has: Demonstrated that the wastes
continue to meet the delisting concentrations
in section 1.; demonstrated 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: Owosso must submit the data
obtained through verification testing or as
required by other conditions of this rule to
U.S. EPA Region 5, RCRA Delisting Program (LR-
8J), 77 W. Jackson Boulevard, Chicago, IL
60604. The annual verification data and
certification of proper disposal must be
submitted upon the anniversary of the effective
date of this exclusion. Owosso must compile,
summarize, and maintain on site for a minimum
of five years records of operating conditions
and analytical data. Owosso 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).
[[Page 67925]]
5. Reopener Language--(A) If, anytime after
disposal of the delisted waste, Owosso
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 concentration in the
leachate higher than the specified delisting
concentration, or is in the groundwater at a
concentration higher than the maximum allowable
groundwater concentration in paragraph (1),
then Owosso 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 Owosso 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 Owosso with an opportunity
to present information as to why the proposed
Agency action is not necessary or to suggest an
alternative action. Owosso shall have 30 days
from the date of the Regional Administrator's
notice to present the information. (D) If after
30 days Owosso presents no further information
or after a review of any submitted 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.
* * * * * * *
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[FR Doc. 2010-27886 Filed 11-3-10; 8:45 am]
BILLING CODE 6560-50-P