[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42735-42738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17672]



40 CFR Part 261

[EPA-R01-RCRA-2012-0447; FRL-9930-54-Region-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.


SUMMARY: The Environmental Protection Agency (EPA) is amending the 
exclusion for International Business Machines Corporation (IBM) in 
Essex Junction, Vermont to reflect changes in ownership and name.

DATES: This amendment is effective on July 20, 2015.

and UST Section, Office of

[[Page 42736]]

Site Remediation and Restoration, (Mail Code: OSRR07-01), EPA Region 1, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912; telephone 
number: (617) 918-1647; fax number (617) 918-0647; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: In this document EPA is amending appendix IX 
to part 261 to reflect a change in the ownership and name of a 
particular facility. Today's notice documents the transfer of ownership 
and name change by updating appendix IX to incorporate the change in 
owner's name for the IBM Corporation, Essex Junction, Vermont facility. 
The exclusion or ``delisting'' was granted to IBM on September 13, 2012 
(see 77 FR 56558). The EPA has been notified that the transfer of 
ownership of the Essex Junction facility to GLOBALFOUNDRIES U.S. 2 LLC 
will occur on July 1, 2015. GLOBALFOUNDRIES has certified that it plans 
to comply with all the terms and conditions set forth in the delisting 
and will not change the characteristics of the wastes subject to the 
exclusion at the Essex Junction facility. This notice documents the 
change by updating appendix IX to incorporate a change in name.
    In accordance with the delisting approval, IBM has completed the 
quarterly verification testing requirements set forth in paragraph 
3.(A) and has submitted the first set of annual testing results in 
accordance with paragraph 3.(B). As part of this notice, EPA is 
clarifying the requirements for annual reporting found in paragraph 
3.(B)(iii) of the delisting approval. The paragraph currently requires 
that the annual test report include the annual testing data and the 
annual amount of waste in cubic yards disposed of during the calendar 
year. However, as a result of the timing of the delisting approval, 
annual testing occurs during August and September of each year and the 
reports are submitted to EPA soon thereafter. With this notice EPA is 
clarifying that the reporting of the annual sludge volumes shall occur 
separately from the annual testing reports. As a result, the delisting 
is being modified to include paragraph 3.(B)(iv) to reflect this 
change. We are also clarifying in paragraph 3.(B)(iii) that the annual 
testing results shall be submitted to EPA within thirty days after both 
annual samples have been taken.
    The changes to appendix IX of part 261 are effective July 20, 2015. 
The Hazardous and Solid Waste Amendments of 1984 amended section 3010 
of the Resource Conservation and Recovery Act (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. As 
described above, the facility has certified that it is prepared to 
comply with the requirements of the exclusion. Therefore, a six-month 
delay in the effective date is not necessary in this case. This 
provides the basis for making this amendment effective immediately upon 
publication under the Administrative Procedures Act pursuant to 5 
United States Code (U.S.C.) 5531(d). The EPA has determined that having 
a proposed rule and public comment on this change is unnecessary, as it 
involves only a change in company ownership, and a clarification, with 
all of the same delisting requirements remaining in effect.

List of Subjects in 40 CFR Part 261

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

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

    Dated: June 29, 2015.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
    For the reasons set out in the preamble, 40 CFR part 261 is amended 
as follows:


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. Table 1 of Appendix IX to part 261 is amended by removing the ``IBM 
Corporation'' entry and adding a new entry ``GLOBALFOUNDRIES U.S. 2 
LLC'' in alphabetical order by facility to read as follows:

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

                               Table 1--Wastes Excluded From Non-Specific Sources
               Facility                        Address                          Waste description
                                                  * * * * * * *
GLOBALFOUNDRIES U.S. 2 LLC (formerly,  Essex Junction, VT.....  Wastewater Treatment Sludge (Hazardous Waste No.
 ``IBM Corporation'').                                           F006) generated at a maximum annual rate of
                                                                 3,150 cubic yards per calendar year and
                                                                 disposed of in a Subtitle D Landfill which is
                                                                 licensed, permitted, or otherwise authorized by
                                                                 a state to accept the delisted wastewater
                                                                 treatment sludge. GLOBALFOUNDRIES U.S. 2 LLC
                                                                 must implement a testing program that meets the
                                                                 following conditions for the exclusion to be
                                                                 valid: 1. Delisting Levels: (A) All leachable
                                                                 concentrations for the following constituents
                                                                 must not exceed the following levels (mg/L for
                                                                 TCLP): Arsenic--5.0; Barium--100.0; Cadmium--
                                                                 1.0; Chromium--5.0; Lead--5.0; Mercury 0.2;
                                                                 and, Nickel--32.4.

[[Page 42737]]

                                                                2. Waste Handling and Holding: (A)
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must manage as
                                                                 hazardous all WWTP sludge generated until it
                                                                 has completed initial verification testing
                                                                 described in paragraph (3)(A) and valid
                                                                 analyses show that paragraph (1) is satisfied
                                                                 and written approval is received by EPA. (B)
                                                                 Levels of constituents measured in the samples
                                                                 of the WWTP sludge that do not exceed the
                                                                 levels set forth in paragraph (1) for two
                                                                 consecutive quarterly sampling events are non-
                                                                 hazardous. After approval is received from EPA,
                                                                 GLOBALFOUNDRIES U.S. 2 LLC can manage and
                                                                 dispose of the non-hazardous WWTP sludge
                                                                 according to all applicable solid waste
                                                                 regulations. (C) Not withstanding having
                                                                 received the initial approval from EPA, if
                                                                 constituent levels in a later sample exceed any
                                                                 of the Delisting Levels set in paragraph (1),
                                                                 from that point forward, GLOBALFOUNDRIES U.S. 2
                                                                 LLC must treat all the waste covered by this
                                                                 exclusion as hazardous until it is demonstrated
                                                                 that the waste again meets the levels in
                                                                 paragraph (1). GLOBALFOUNDRIES U.S. 2 LLC must
                                                                 manage and dispose of the waste generated under
                                                                 Subtitle C of RCRA from the time that it
                                                                 becomes aware of any exceedance.
                                                                3. Verification Testing Requirements:
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must perform sample
                                                                 collection and analyses in accordance with the
                                                                 approved Quality Assurance Project Plan dated
                                                                 January 27, 2011. All samples shall be
                                                                 representative composite samples according to
                                                                 appropriate methods. As applicable to the
                                                                 method-defined parameters of concern, analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11 must
                                                                 be used without substitution. As applicable,
                                                                 the SW-846 methods might include Methods 0010,
                                                                 0011, 0020, 0023A, 0030, 0031, 0040, 0050,
                                                                 0051, 0060, 0061, 1010A, 1020B,1110A, 1310B,
                                                                 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C,
                                                                 9045D, 9060A, 9070A (uses EPA Method 1664, Rev.
                                                                 A), 9071B, and 9095B. Methods must meet
                                                                 Performance Based Measurement System Criteria
                                                                 in which the Data Quality Objectives are to
                                                                 demonstrate that samples of the GLOBALFOUNDRIES
                                                                 U.S. 2 LLC sludge are representative for all
                                                                 constituents listed in paragraph (1). To verify
                                                                 that the waste does not exceed the specified
                                                                 delisting concentrations, for one year after
                                                                 the final exclusion is granted GLOBALFOUNDRIES
                                                                 U.S. 2 LLC must perform quarterly analytical
                                                                 testing by sampling and analyzing the WWTP
                                                                 sludge as follows: (A) Quarterly Testing: (i)
                                                                 Collect two representative composite samples of
                                                                 the WWTP sludge at quarterly intervals after
                                                                 EPA grants the final exclusion. The first
                                                                 composite samples must be taken within 30 days
                                                                 after EPA grants the final approval. The second
                                                                 set of samples must be taken at least 30 days
                                                                 after the first set. (ii) Analyze the samples
                                                                 for all constituents listed in paragraph (1).
                                                                 Any waste regarding which a composite sample is
                                                                 taken that exceeds the delisting levels listed
                                                                 in paragraph (1) for the sludge must be
                                                                 disposed as hazardous waste in accordance with
                                                                 the applicable hazardous waste requirements
                                                                 from the time that GLOBALFOUNDRIES U.S. 2 LLC
                                                                 becomes aware of any exceedance. (iii) Within
                                                                 thirty (30) days after taking each quarterly
                                                                 sample, GLOBALFOUNDRIES U.S. 2 LLC will report
                                                                 its analytical test data to EPA. If levels of
                                                                 constituents measured in the samples of the
                                                                 sludge do not exceed the levels set forth in
                                                                 paragraph (1) of this exclusion for two
                                                                 consecutive quarters, and EPA concurs with
                                                                 those findings, GLOBALFOUNDRIES U.S. 2 LLC can
                                                                 manage and dispose the non-hazardous sludge
                                                                 according to all applicable solid waste
                                                                 regulations. (B) Annual Testing: (i) If
                                                                 GLOBALFOUNDRIES U.S. 2 LLC completes the
                                                                 quarterly testing specified in paragraph (3)
                                                                 above and no sample contains a constituent at a
                                                                 level which exceeds the limits set forth in
                                                                 paragraph (1), GLOBALFOUNDRIES U.S. 2 LLC may
                                                                 begin annual testing as follows:
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must test two
                                                                 representative composite samples of the
                                                                 wastewater treatment sludge (following the same
                                                                 protocols as specified for quarterly sampling,
                                                                 above) for all constituents listed in paragraph
                                                                 (1) at least once per calendar year. (ii) The
                                                                 samples for the annual testing taken for the
                                                                 second and subsequent annual testing events
                                                                 shall be taken within the same calendar month
                                                                 as the first annual sample taken. (iii)
                                                                 GLOBALFOUNDRIES U.S. 2 LLC shall submit an
                                                                 annual testing report to EPA with all of its
                                                                 annual test results, within thirty (30) days
                                                                 after taking the two annual samples. (iv)
                                                                 GLOBALFOUNDRIES U.S. 2 LLC shall submit to EPA
                                                                 in January of each year the total amount of
                                                                 waste in cubic yards disposed during the
                                                                 previous calendar year.

[[Page 42738]]

                                                                4. Changes in Operating Conditions: If
                                                                 GLOBALFOUNDRIES U.S. 2 LLC significantly
                                                                 changes the manufacturing or treatment process
                                                                 described in the petition, or the chemicals
                                                                 used in the manufacturing or treatment process,
                                                                 it must notify the EPA in writing and may no
                                                                 longer handle the wastes generated from the new
                                                                 process as non-hazardous unless and until the
                                                                 wastes are shown to meet the delisting levels
                                                                 set in paragraph (1), GLOBALFOUNDRIES U.S. 2
                                                                 LLC demonstrates that no new hazardous
                                                                 constituents listed in appendix VIII of part
                                                                 261 have been introduced, and GLOBALFOUNDRIES
                                                                 U.S. 2 LLC has received written approval from
                                                                 EPA to manage the wastes from the new process
                                                                 under this exclusion. While the EPA may provide
                                                                 written approval of certain changes, if there
                                                                 are changes that the EPA determines are highly
                                                                 significant, the EPA may instead require
                                                                 GLOBALFOUNDRIES U.S. 2 LLC to file a new
                                                                 delisting petition.
                                                                5. Data Submittals and Recordkeeping:
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must submit the
                                                                 information described below. If GLOBALFOUNDRIES
                                                                 U.S. 2 LLC fails to submit the required data
                                                                 within the specified time or maintain the
                                                                 required records on-site for the specified
                                                                 time, EPA, at its discretion, will consider
                                                                 this sufficient basis to reopen the exclusion
                                                                 as described in paragraph (6). GLOBALFOUNDRIES
                                                                 U.S. 2 LLC must: (A) Submit the data obtained
                                                                 through paragraph (3) to the Chief, RCRA Waste
                                                                 Management & UST Section, U.S. EPA Region 1,
                                                                 (OSRR07-1), 5 Post Office Square, Suite 100,
                                                                 Boston, MA 02109-3912, within the time
                                                                 specified. All supporting data can be submitted
                                                                 on CD-ROM or some comparable electronic media;
                                                                 (B) Compile, summarize, and maintain on site
                                                                 for a minimum of five years and make available
                                                                 for inspection records of operating conditions,
                                                                 including monthly and annual volumes of WWTP
                                                                 sludge generated, analytical data, including
                                                                 quality control information and, copies of the
                                                                 notification(s) required in paragraph (7); (C)
                                                                 Submit with all data a signed copy of the
                                                                 certification statement in 40 CFR
                                                                6. Reopener Language--(A) If, anytime, after
                                                                 disposal of the delisted waste, GLOBALFOUNDRIES
                                                                 U.S. 2 LLC possesses or is otherwise made aware
                                                                 of any environmental data (including but not
                                                                 limited to leachate data or groundwater
                                                                 monitoring data) or any other relevant data to
                                                                 the delisted waste indicating that any
                                                                 constituent is at a concentration in the
                                                                 leachate higher than the specified delisting
                                                                 concentration, then GLOBALFOUNDRIES U.S. 2 LLC
                                                                 must report such data, in writing, to the
                                                                 Regional Administrator and to the Vermont
                                                                 Agency of Natural Resources Secretary 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 GLOBALFOUNDRIES U.S.
                                                                 2 LLC 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
                                                                 GLOBALFOUNDRIES U.S. 2 LLC with an opportunity
                                                                 to present information as to why the proposed
                                                                 Agency action is not necessary or to suggest an
                                                                 alternative action. GLOBALFOUNDRIES U.S. 2 LLC
                                                                 shall have 30 days from the date of the
                                                                 Regional Administrator's notice to present the
                                                                 information. (D) If after 30 days
                                                                 GLOBALFOUNDRIES U.S. 2 LLC 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.
                                                                7. Notification Requirements: GLOBALFOUNDRIES
                                                                 U.S. 2 LLC must do the following before
                                                                 transporting the delisted waste: (A) Provide a
                                                                 one-time written notification to any state
                                                                 Regulatory Agency to which or through which it
                                                                 will transport the delisted waste described
                                                                 above for disposal, 60 days before beginning
                                                                 such activities; (B) Update the one-time
                                                                 written notification if it ships the delisted
                                                                 waste to a different disposal facility. Failure
                                                                 to provide this notification will result in a
                                                                 violation of the delisting petition and a
                                                                 possible revocation of the decision.
                                                  * * * * * * *

[FR Doc. 2015-17672 Filed 7-17-15; 8:45 am]