[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Rules and Regulations]
[Pages 45736-45740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21112]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2017-0254; FRL-9968-61-Region 6]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is granting a 
petition submitted by Samsung Austin Semiconductor (Samsung) to exclude 
from hazardous waste control (or delist) a certain solid waste. This 
final rule responds to the petition submitted by Samsung to have the 
copper filter cake from the electroplating process excluded, or 
delisted from the definition of a hazardous waste. The Copper filter 
cake is listed as F006, wastewater treatment sludges from 
electroplating operations. The basis of the listing is cadmium, 
hexavalent chromium, nickel, and cyanide (complexed). After careful 
analysis and evaluation of comments submitted by the public, the EPA 
has concluded that the petitioned wastes are not hazardous waste when 
disposed of in Subtitle D landfills. This exclusion applies to the 
copper filter cake generated at Samsung Austin Semiconductor's Austin, 
Texas facility. Accordingly, this final rule excludes the petitioned 
waste from the requirements of hazardous waste regulations under the 
Resource Conservation and Recovery Act (RCRA) when disposed of in 
Subtitle D landfills, but imposes testing conditions to ensure that the 
future-generated wastes remain qualified for delisting.

DATES: This final rule is effective on October 2, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-RCRA-2017-0254. All documents in the docket are 
listed on the http://www.regulations.gov Web site. 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, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available electronically 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For technical information regarding 
the Samsung Austin Semiconductor petition, contact Michelle Peace at 
214-665-7430 or by email at [email protected].

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

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this delisting?
    C. What are the limits of this exclusion?
    D. How will Samsung Austin Semiconductor manage the waste if it 
is delisted?
    E. When is the final delisting exclusion effective?
    F. How does this final rule affect states?
II. Background
    A. What is a ``delisting''?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Data
    A. What waste and how much did Samsung Austin Semiconductor 
petition EPA to delist?
    B. How did Samsung Austin Semiconductor sample and analyze the 
waste data in this petition?
IV. Public Comments Received on the Proposed Exclusion
    Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    The EPA is finalizing:
    (1) The decision to grant Samsung Austin Semiconductor's petition 
to have its copper filter cake excluded, or delisted, from the 
definition of a hazardous waste, subject to certain continued 
verification and monitoring conditions; and
    (2) To use the Delisting Risk Assessment Software v.3.0.35 to 
evaluate the potential impact of the petitioned waste on human health 
and the environment. The Agency used this model to predict the 
concentration of hazardous constituents released from the petitioned 
waste, once it is disposed.
    After evaluating the petition, EPA proposed a rule, on July 14, 
2017, to exclude the Samsung Austin Semiconductor copper filter cake 
waste from the lists of hazardous wastes under Sec. Sec.  261.31 and 
261.32. There were no comments received on this rulemaking.

B. Why is EPA approving this delisting?

    Samsung's petition requests an exclusion from the F006 waste 
listing pursuant to 40 CFR 260.20 and 260.22. Samsung does not believe 
that the petitioned waste meets the criteria for which EPA listed it. 
Samsung also believes no additional constituents or factors could cause 
the waste to be hazardous. EPA's review of this petition included 
consideration of the original listing criteria and the additional 
factors required by the Hazardous and Solid Waste Amendments of 1984 
(HSWA). See section 3001(f) of RCRA, 42 U.S.C. 6921(f), and 40 CFR 
260.22 (d)(1)-(4) (hereinafter all sectional references are to 40 CFR 
unless otherwise indicated). In making the initial delisting 
determination, EPA evaluated the petitioned waste against the listing 
criteria and factors cited in Sec.  261.11(a)(2) and (3). Based on this 
review, EPA agrees with the petitioner that the waste is non-hazardous, 
with respect to the original listing criteria. If EPA had found, based 
on this review, that the waste remained hazardous based on the factors 
for which the waste was originally listed, EPA would have proposed to 
deny the petition. EPA evaluated the waste with respect to other 
factors or criteria to assess whether there is a reasonable basis to 
believe that such additional factors could cause the waste to be 
hazardous. EPA considered whether the waste is acutely toxic, the 
concentration of the constituents in the waste, their tendency to 
migrate and to bioaccumulate, their persistence in the environment once 
released from the waste, plausible and specific types of management of 
the petitioned waste, the quantities of waste generated, and waste 
variability. EPA believes that the petitioned waste does not meet the 
listing criteria and thus should not be a listed waste. EPA's proposed 
decision to delist waste from Samsung is based on the information 
submitted in support of this rule, including descriptions of the wastes 
and analytical data from the Austin, Texas facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in the petition only 
if the requirements described in Table 1 of part 261, appendix IX and 
the conditions contained herein are satisfied. The conditional 
exclusion applies to 750 cubic yards of copper filter cake sludge 
generated annually from the Samsung Austin Semiconductor facility in 
Austin, TX.

D. How will Samsung Austin Semiconductor manage the waste if it is 
delisted?

    Storage containers of the copper filter cake will be transported to 
an

[[Page 45737]]

authorized, solid waste landfill (e.g., RCRA Subtitle D landfill, 
commercial/industrial solid waste landfill, etc.) for disposal. Any 
plans for recycling must be addressed through the Hazardous Waste 
Recycling regulations.

E. When is the final delisting exclusion effective?

    This rule is effective October 2, 2017. 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. That is the 
case here because this rule reduces, rather than increases, the 
existing requirements for persons generating hazardous wastes. These 
reasons also provide a basis for making this rule effective 
immediately, upon publication, under the Administrative Procedure Act, 
pursuant to 5 U.S.C. 553(d).

F. How does this final rule affect states?

    Because EPA is issuing this exclusion under the Federal RCRA 
delisting program, only states subject to Federal RCRA delisting 
provisions would be affected. This would exclude two categories of 
States: States having a dual system that includes Federal RCRA 
requirements and their own requirements, and States who have received 
our authorization to make their own delisting decisions.
    Here are the details: We allow states to impose their own non-RCRA 
regulatory requirements that are more stringent than EPA's, under 
section 3009 of RCRA. These more stringent requirements may include a 
provision that prohibits a Federally issued exclusion from taking 
effect in the State. Because a dual system (that is, both Federal 
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's 
waste, we urge petitioners to contact the State regulatory authority to 
establish the status of their wastes under the State law.
    EPA has also authorized some States (for example, Louisiana, 
Georgia, Illinois) 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 Samsung 
Austin Semiconductor transports the petitioned waste to or manages the 
waste in any State with delisting authorization, Samsung Austin 
Semiconductor must obtain delisting authorization from that State 
before they can manage the waste as nonhazardous in the State.

II. Background

A. What is a delisting?

    A delisting petition is a request from a generator to EPA or 
another agency with jurisdiction to exclude from the list of hazardous 
wastes, wastes the generator does not consider hazardous under RCRA.

B. What regulations allow facilities to delist a waste?

    Under 40 CFR 260.20 and 260.22, facilities may petition the EPA to 
remove their wastes from hazardous waste control by excluding them from 
the lists of hazardous wastes contained in Sec. Sec.  261.31 and 
261.32. Specifically, Sec.  260.20 allows any person to petition the 
Administrator to modify or revoke any provision of parts 260 through 
266, 268 and 273 of title 40 of the Code of Federal Regulations. 
Section 260.22 provides generators the opportunity to petition the 
Administrator to exclude a waste on a ``generator-specific'' basis from 
the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow the 
EPA to determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. In 
addition, the Administrator must determine, where he/she has a 
reasonable basis to believe that factors (including additional 
constituents) other than those for which the waste was listed could 
cause the waste to be a hazardous waste, that such factors do not 
warrant retaining the waste as a hazardous waste.

III. EPA's Evaluation of the Waste Data

A. What waste and how much did Samsung Austin Semiconductor petition 
EPA to delist?

    In November 2015, Samsung petitioned EPA to exclude from the lists 
of hazardous wastes contained in Sec. Sec.  261.31 and 261.32, filter 
cake (F006) generated from its facility located in Austin, Texas. The 
waste falls under the classification of listed waste pursuant to 
Sec. Sec.  261.31 and 261.32. Specifically, in its petition, Samsung 
requested that EPA grant a conditional exclusion for 750 cubic yards of 
F006 filter cake.
    The 40 CFR part 261 appendix VII hazardous constituents which are 
the basis for listing can be found in Table 1.

    Table 1--EPA Waste Codes for Copper Filter Cake and the Basis for
                                 Listing
------------------------------------------------------------------------
             Waste code                        Basis for listing
------------------------------------------------------------------------
F006................................  Cadmium, hexavalent chromium,
                                       nickel, cyanide (complexed).
------------------------------------------------------------------------

B. How did Samsung Austin Semiconductor sample and analyze the waste 
data in this petition?

    To support its petition, Samsung Austin Semiconductor submitted:
    (1) Historical information on waste generation and management 
practices; and
    (2) Analytical results from eight samples for total and TCLP 
concentrations of compounds of concern (COC)s;

     Table 2--Analytical Results/Maximum Allowable Delisting Concentration Copper Filter Cake Samsung Austin
                                          Semiconductor, Austin, Texas
----------------------------------------------------------------------------------------------------------------
                                                                Maximum total    Maximum  TCLP     Maximum TCLP
                         Constituent                            concentration    concentration   delisting level
                                                                   (mg/kg)           (mg/L)           (mg/L)
----------------------------------------------------------------------------------------------------------------
Acetone......................................................           0.0013             0.24           2070.0
Arsenic......................................................              3.6            0.098             1.66
Barium.......................................................             5.30             0.13            100.0
Cadmium......................................................             0.75            0.004            0.362
Carbon disulfide.............................................              2.7            0.043           224.75
Chromium.....................................................               42             0.12              5.0
Chromium(VI) (+6)............................................              1.7            0.072              5.0
Cobalt.......................................................              1.6            0.035             1.36
Copper.......................................................            14600              5.4             97.1

[[Page 45738]]

 
Lead.........................................................              6.3             0.11             2.45
Nickel.......................................................             25.7            0.078             53.8
Selenium.....................................................              1.4            0.072              1.0
Silver.......................................................             0.95           0.0012              5.0
Thallium.....................................................              1.7               ND           0.1458
Tin..........................................................              7.6               ND             22.5
Toluene......................................................              2.5               ND             60.1
Vanadium.....................................................             25.8            0.014            14.36
Zinc.........................................................             43.0             0.21              797
----------------------------------------------------------------------------------------------------------------
Notes: These levels represent the highest constituent concentration found in any one sample and does not
  necessarily represent the specific level found in one sample.

IV. Public Comments Received on the Proposed Exclusion

Who submitted comments on the proposed rule?

    The EPA received no public comments on the July 14, 2017, proposed 
rule.

V. 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 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 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, 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. Executive Order 
(E.O.) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive 
policy on environmental justice. Its main provision directs Federal 
agencies, to the greatest extent practicable and permitted by law, to 
make environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States.
    EPA has determined that this rule will not have disproportionately 
high and adverse human health or environmental effects on minority or 
low-income populations because it does not affect the level of 
protection provided to human health or the environment. The Agency's 
risk assessment did not identify risks from management of this material 
in an authorized, solid waste landfill (e.g., RCRA Subtitle D landfill, 
commercial/industrial solid waste landfill, etc.). Therefore, EPA 
believes that any populations in proximity of the landfills used by 
this facility should not be adversely affected by common waste 
management practices for this delisted waste.

[[Page 45739]]

List of Subjects in 40 CFR Part 261

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

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

    Dated: September 19, 2017.
Wren Stenger,
Director, Multimedia Division, Region 6.

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

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 
6938.


0
2. In table 1 of appendix IX to part 261 add the entry ``Samsung'' in 
alphabetical order 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
----------------------------------------------------------------------------------------------------------------
           Facility                        Address                             Waste description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Samsung.......................  Austin, TX...................  Copper Filter Cake (EPA Hazardous Waste Numbers
                                                                F006) generated at a maximum rate of 750 cubic
                                                                yards annually.
                                                               For the exclusion to be valid, Samsung must
                                                                implement a verification testing program for
                                                                each of the waste streams that meets the
                                                                following Paragraphs:
                                                               (1) Delisting Levels:
                                                                  All concentrations for those constituents must
                                                                   not exceed the maximum allowable
                                                                   concentrations in mg/l specified in this
                                                                   paragraph.
                                                               Copper Filter Cake. Leachable Concentrations (mg/
                                                                l): Acetone--2070.0; Arsenic--1.66; Barium--
                                                                100.0; Cadmium--0.362; Carbon Disulfide--224.75;
                                                                Chromium--5.0; Chromium (VI)--5.0; Cobalt--1.36;
                                                                Copper--97.1; Lead--2.45; Nickel--53.8;
                                                                Selenium--1.0; Silver--5.0; Thallium--0.01458;
                                                                Tin--22.5; Toluene--60.1; Vanadium--14.36; Zinc--
                                                                797
                                                               (2) Waste Holding and Handling:
                                                                  (A) Waste classification as non-hazardous
                                                                   cannot begin until compliance with the limits
                                                                   set in paragraph (1) for the Copper Filter
                                                                   cake is verified.
                                                                  (B) If constituent levels in any sample and
                                                                   retest sample taken by Samsung exceed any of
                                                                   the delisting levels set in paragraph (1) for
                                                                   the Copper Filter cake, Samsung must do the
                                                                   following:
                                                                    (i) notify EPA in accordance with paragraph
                                                                     (5) and
                                                                    (ii) manage and dispose the Copper Filter
                                                                     cake as hazardous waste generated under
                                                                     Subtitle C of RCRA.
                                                               (3) Testing Requirements:
                                                                  Samsung must perform analytical testing by
                                                                   sampling and analyzing the Copper Filter cake
                                                                   as follows:
                                                                    (i) Collect a representative sample of the
                                                                     Copper Filter cake for analysis of all
                                                                     constituents listed in paragraph (1) prior
                                                                     to disposal.
                                                                    (ii) The samples for the annual testing
                                                                     shall be a representative sample, 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 Samsung Copper filter cake is
                                                                     representative for all constituents listed
                                                                     in paragraph (1).
                                                               (4) Data Submittals:
                                                                  Samsung must submit the information described
                                                                   below. If Samsung 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).
                                                                   Samsung must:
                                                                  (A) Submit the data obtained through paragraph
                                                                   3 to the Section Chief, 6MM-RP, Multimedia
                                                                   Division, U.S. Environmental Protection
                                                                   Agency Region 6, 1445 Ross Ave., Suite 1200,
                                                                   Dallas, Texas 75202, within the time
                                                                   specified. All supporting data can be
                                                                   submitted on CD-ROM or comparable electronic
                                                                   media.
                                                                  (B) Compile records of analytical data from
                                                                   paragraph (3), summarized, and maintained on-
                                                                   site for a minimum of five years.
                                                                  (C) Furnish these records and data when either
                                                                   EPA or the State of Texas requests them for
                                                                   inspection.
                                                                  (D) Send along with all data a signed copy of
                                                                   the following certification statement, to
                                                                   attest to the truth and accuracy of the data
                                                                   submitted:
                                                                  ``Under civil and criminal penalty of law for
                                                                   the making or submission of false or
                                                                   fraudulent statements or representations
                                                                   (pursuant to the applicable provisions of the
                                                                   Federal Code, which include, but may not be
                                                                   limited to, 18 U.S.C. 1001 and 42 U.S.C.
                                                                   6928), I certify that the information
                                                                   contained in or accompanying this document is
                                                                   true, accurate and complete.
                                                                  As to the (those) identified section(s) of
                                                                   this document for which I cannot personally
                                                                   verify its (their) truth and accuracy, I
                                                                   certify as the company official having
                                                                   supervisory responsibility for the persons
                                                                   who, acting under my direct instructions,
                                                                   made the verification that this information
                                                                   is true, accurate and complete.

[[Page 45740]]

 
                                                                  If any of this information is determined by
                                                                   EPA in its sole discretion to be false,
                                                                   inaccurate or incomplete, and upon conveyance
                                                                   of this fact to the company, I recognize and
                                                                   agree that this exclusion of waste will be
                                                                   void as if it never had effect or to the
                                                                   extent directed by EPA and that the company
                                                                   will be liable for any actions taken in
                                                                   contravention of the company's RCRA and
                                                                   CERCLA obligations premised upon the
                                                                   company's reliance on the void exclusion.''
                                                               (5) Reopener:
                                                                  (A) If any time after disposal of the delisted
                                                                   waste Samsung possesses or is otherwise made
                                                                   aware of any environmental data (including
                                                                   but not limited to underflow water data or
                                                                   ground water monitoring data) or any other
                                                                   data relevant to the delisted waste
                                                                   indicating that any constituent identified
                                                                   for the delisting verification testing is at
                                                                   level higher than the delisting level allowed
                                                                   by the Division Director in granting the
                                                                   petition, then the facility must report the
                                                                   data, in writing, to the Division Director
                                                                   within 10 days of first possessing or being
                                                                   made aware of that data.
                                                                  (B) If either the verification testing (and
                                                                   retest, if applicable) of the waste does not
                                                                   meet the delisting requirements in paragraph
                                                                   1, Samsung must report the data, in writing,
                                                                   to the Division Director within 10 days of
                                                                   first possessing or being made aware of that
                                                                   data.
                                                                  (C) If Samsung fails to submit the information
                                                                   described in paragraphs (5),(6)(A) or (6)(B)
                                                                   or if any other information is received from
                                                                   any source, the Division Director will make a
                                                                   preliminary determination as to whether the
                                                                   reported information requires EPA action to
                                                                   protect human health and/or the environment.
                                                                   Further action may include suspending, or
                                                                   revoking the exclusion, or other appropriate
                                                                   response necessary to protect human health
                                                                   and the environment.
                                                                  (D) If the Division Director determines that
                                                                   the reported information requires action by
                                                                   EPA, the Division Director will notify the
                                                                   facility in writing of the actions the
                                                                   Division Director believes are necessary to
                                                                   protect human health and the environment. The
                                                                   notice shall include a statement of the
                                                                   proposed action and a statement providing the
                                                                   facility with an opportunity to present
                                                                   information as to why the proposed EPA action
                                                                   is not necessary. The facility shall have 10
                                                                   days from receipt of the Division Director's
                                                                   notice to present such information.
                                                                  (E) Following the receipt of information from
                                                                   the facility described in paragraph (6)(D) or
                                                                   (if no information is presented under
                                                                   paragraph (6)(D)) the initial receipt of
                                                                   information described in paragraphs (5),
                                                                   (6)(A) or (6)(B), the Division Director will
                                                                   issue a final written determination
                                                                   describing EPA actions that are necessary to
                                                                   protect human health and/or the environment.
                                                                   Any required action described in the Division
                                                                   Director's determination shall become
                                                                   effective immediately, unless the Division
                                                                   Director provides otherwise.
                                                               (6) Notification Requirements:
                                                                  Samsung must do the following before
                                                                   transporting the delisted waste. Failure to
                                                                   provide this notification will result in a
                                                                   violation of the delisting petition and a
                                                                   possible revocation of the decision.
                                                                  (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) For onsite disposal, a notice should be
                                                                   submitted to the State to notify the State
                                                                   that disposal of the delisted materials has
                                                                   begun.
                                                                  (C) Update one-time written notification, if
                                                                   it ships the delisted waste into a different
                                                                   disposal facility.
                                                                  (D) Failure to provide this notification will
                                                                   result in a violation of the delisting
                                                                   exclusion and a possible revocation of the
                                                                   decision.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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[FR Doc. 2017-21112 Filed 9-29-17; 8:45 am]
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