[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Rules and Regulations]
[Pages 48511-48514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12496]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2024; FRL-11997-01-R6]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is amending an 
exclusion for Shell Oil Company, Deer Park, Texas facility to reflect 
changes in ownership and name.

DATES: This rule is effective June 7, 2024.

FOR FURTHER INFORMATION CONTACT: Eshala Dixon, RCRA Permits & Solid 
Waste Section (LCR-RP), Land, Chemicals and Redevelopment Division, EPA 
Region 6, 1201 Elm Street, Suite 500, Dallas, TX 75270, phone number: 
214-665-6592; 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. This action documents the transfer of ownership 
and name change by updating appendix IX to incorporate the change in 
owner's name for the Shell Oil Company, Deer Park, TX facility for the 
exclusion from hazardous waste regulations for the Multi-source (F039) 
landfill leachate. The exclusion or ``delisting'' was granted to Shell 
Oil Company on August 23, 2005 (see 70 FR 49187). The EPA has been 
notified that the transfer of ownership of the Shell Oil Company, Deer 
Park, TX facility to Deer Park Refining Limited Partnership (DPRLP) 
occurred on March 20, 2022. DPLRP 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 Deer Park, TX facility. This action documents the change by 
updating appendix IX to incorporate a change in name.
    The changes to appendix IX to part 261 are effective June 7, 2024. 
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.) 553(d). The EPA has determined that having 
a proposed rulemaking and public comment on this change is unnecessary, 
as it involves only a change in company ownership, 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.

    Dated: May 29, 2024.
Melissa Smith,
Acting Director, Land, Chemicals and Redevelopment 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. Amend table 1 of Appendix IX to part 261 by removing the second 
entry for ``Shell Oil Company'' ``Deer Park, TX'' and adding an entry 
for ``Deer Park Refining Limited Partnership (DPRLP)'' in alphabetical 
order by facility to read as follows:

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

[[Page 48512]]



                               Table 1--Wastes Excluded From Non-Specific Sources
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Facility                                  Address....................  Waste description
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Deer Park Refining Limited Partnership    Deer Park, TX..............  Multi-source landfill leachate (EPA
 (DPRLP).                                                               Hazardous Waste No. F039) generated at a
                                                                        maximum annual rate of 3.36 million
                                                                        gallons (16,619 cu. yards) per calendar
                                                                        year after August 23, 2005 and disposed
                                                                        in accordance with the TPDES permit.
                                                                       The delisting levels set do not relieve
                                                                        DPRLP of its duty to comply with the
                                                                        limits set in its TPDES permit. For the
                                                                        exclusion to be valid, DPRLP must
                                                                        implement a verification testing program
                                                                        that meets the following paragraphs:
                                                                       (1) Delisting Levels: All total
                                                                        concentrations for those constituents
                                                                        must not exceed the following levels (mg/
                                                                        l). The petitioner must analyze the
                                                                        aqueous waste on a total basis to
                                                                        measure constituents in the multi-source
                                                                        landfill leachate.
                                                                       Multi-source landfill leachate (i)
                                                                        Inorganic Constituents Antimony-0.0204;
                                                                        Arsenic-0.385; Barium-2.92; Copper-
                                                                        418.00; Chromium-5.0; Cobalt-2.25;
                                                                        Nickel-1.13; Selenium-0.0863; Thallium-
                                                                        0.005; Vanadium-0.838
                                                                       (ii) Organic Constituents Acetone-1.46;
                                                                        Acetophenone-1.58; Benzene-0.0222; p-
                                                                        Cresol-0.0788; Bis(2-ethylhexyl)phthlate-
                                                                        15800.00; Dichloroethane, 1,2-0.0803;
                                                                        Ethylbenzene-4.51; Fluorene-1.87;
                                                                        Napthalene-1.05; Phenol-9.46;
                                                                        Phenanthrene-1.36; Pyridine-0.0146;
                                                                        2,3,7,8-TCDD equivalents as TEQ-
                                                                        0.0000926; Toluene-4.43;
                                                                        Trichloropropane-0.000574; Xylenes
                                                                        (total)-97.60
                                                                       (2) Waste Management:
                                                                       (A) DPRLP must manage as hazardous all
                                                                        multi-source landfill leachate
                                                                        generated, until it has completed
                                                                        initial verification testing described
                                                                        in paragraph (3)(A) and (B), as
                                                                        appropriate, and valid analyses show
                                                                        that paragraph (1) is satisfied.
                                                                       (B) Levels of constituents measured in
                                                                        the samples of the multi-source landfill
                                                                        leachate that do not exceed the levels
                                                                        set forth in paragraph (1) are non-
                                                                        hazardous. DPRLP can manage and dispose
                                                                        of the non-hazardous multi-source
                                                                        landfill leachate according to all
                                                                        applicable solid waste regulations.
                                                                       (C) If constituent levels in a sample
                                                                        exceed any of the delisting levels set
                                                                        in paragraph (1), DPRLP can collect one
                                                                        additional sample and perform expedited
                                                                        analyses to verify if the constituent
                                                                        exceeds the delisting level. If this
                                                                        sample confirms the exceedance, DPRLP
                                                                        must, from that point forward, treat the
                                                                        waste as hazardous until it is
                                                                        demonstrated that the waste again meets
                                                                        the levels in paragraph (1).
                                                                       (D) If the facility has not treated the
                                                                        waste, DPRLP must manage and dispose of
                                                                        the waste generated under Subtitle C of
                                                                        RCRA from the time that it becomes aware
                                                                        of any exceedance
                                                                       (E) Upon completion of the Verification
                                                                        Testing described in paragraph 3(A) and
                                                                        (B) as appropriate and the transmittal
                                                                        of the results to EPA, and if the
                                                                        testing results meet the requirements of
                                                                        paragraph (1), DPRLP may proceed to
                                                                        manage its multi-source landfill
                                                                        leachate as non-hazardous waste. If
                                                                        Subsequent Verification Testing
                                                                        indicates an exceedance of the delisting
                                                                        levels in paragraph (1), DPRLP must
                                                                        manage the multi-source landfill
                                                                        leachate as a hazardous waste until two
                                                                        consecutive quarterly testing samples
                                                                        show levels below the delisting levels
                                                                        in Table I.
                                                                       (3) Verification Testing Requirements:
                                                                        DPRLP must perform sample collection and
                                                                        analyses, including quality control
                                                                        procedures, using 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 used must meet
                                                                        Performance Based Measurement System
                                                                        Criteria in which the Data Quality
                                                                        Objectives demonstrate that
                                                                        representative samples of the DPRLP
                                                                        multi-source landfill leachate are
                                                                        collected and meet the delisting levels
                                                                        in paragraph (1).
                                                                       (A) Initial Verification Testing: After
                                                                        EPA grants the final exclusion, DPRLP
                                                                        must do the following:
                                                                       (i) Within 60 days of this exclusions
                                                                        becoming final, collect four samples,
                                                                        before disposal, of the multi-source
                                                                        landfill leachate.
                                                                       (ii) The samples are to be analyzed and
                                                                        compared against the delisting levels in
                                                                        paragraph (1).
                                                                       (iii) Within sixty (60) days after this
                                                                        exclusion becomes final, DPRLP will
                                                                        report initial verification analytical
                                                                        test data for the multi-source landfill
                                                                        leachate, including analytical quality
                                                                        control information for the first thirty
                                                                        (30) days of operation after this
                                                                        exclusion becomes final. If levels of
                                                                        constituents measured in the samples of
                                                                        the multi-source landfill leachate that
                                                                        do not exceed the levels set forth in
                                                                        paragraph (1) are also non-hazardous in
                                                                        two consecutive quarters after the first
                                                                        thirty (30) days of operation after this
                                                                        exclusion become effective, DPRLP can
                                                                        manage and dispose of the multi-source
                                                                        landfill leachate according to all
                                                                        applicable solid waste regulations.

[[Page 48513]]

 
                                                                       (B) Subsequent Verification Testing:
                                                                        Following written notification by EPA,
                                                                        DPRLP may substitute the testing
                                                                        conditions in (3)(B) for (3)(A). DPRLP
                                                                        must continue to monitor operating
                                                                        conditions, and analyze one
                                                                        representative sample of the multi-
                                                                        source landfill leachate for each
                                                                        quarter of operation during the first
                                                                        year of waste generation. The sample
                                                                        must represent the waste generated
                                                                        during the quarter. After the first year
                                                                        of analytical sampling verification
                                                                        sampling can be performed on a single
                                                                        annual sample of the multi-source
                                                                        landfill leachate. The results are to be
                                                                        compared to the delisting levels in
                                                                        paragraph (1).
                                                                       (C) Termination of Testing:
                                                                       (i) After the first year of quarterly
                                                                        testing, if the delisting levels in
                                                                        paragraph (1) are being met, DPRLP may
                                                                        then request that EPA not require
                                                                        quarterly testing. After EPA notifies
                                                                        DPRLP in writing, the company may end
                                                                        quarterly testing.
                                                                       (ii) Following cancellation of the
                                                                        quarterly testing, DPRLP must continue
                                                                        to test a representative sample for all
                                                                        constituents listed in paragraph (1)
                                                                        annually.
                                                                       (4) Changes in Operating Conditions: If
                                                                        DPRLP significantly changes the process
                                                                        described in its petition or starts any
                                                                        processes that generate(s) the waste
                                                                        that may or could significantly affect
                                                                        the composition or type of waste
                                                                        generated as established under paragraph
                                                                        (1) (by illustration, but not
                                                                        limitation, changes in equipment or
                                                                        operating conditions of the treatment
                                                                        process), it must notify EPA in writing;
                                                                        it may no longer handle the wastes
                                                                        generated from the new process as
                                                                        nonhazardous until the wastes meet the
                                                                        delisting levels set in paragraph (1)
                                                                        and it has received written approval to
                                                                        do so from EPA.
                                                                       (5) Data Submittals: DPRLP must submit
                                                                        the information described below. If
                                                                        DPRLP 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. DPRLP must:
                                                                       (A) Submit the data obtained through
                                                                        paragraph 3 to the Section Supervisor,
                                                                        RCRA Corrective Action, UST, Solid Waste
                                                                        and Permit Branch, EPA Region 6, 1201
                                                                        Elm Street, Suite 500, Dallas, Texas
                                                                        75270, Mail Code, (6LCR-RC) within the
                                                                        time specified.
                                                                       (B) Compile records of operating
                                                                        conditions and analytical data from
                                                                        paragraph (3), summarized, and
                                                                        maintained on-site for a minimum of five
                                                                        years.
                                                                       (C) Furnish these records and data when
                                                                        EPA or the state of Texas request 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.
                                                                       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.
                                                                       (6) Reopener:
                                                                       (A) If, anytime after disposal of the
                                                                        delisted waste, DPRLP possesses or is
                                                                        otherwise made aware of any
                                                                        environmental data (including but not
                                                                        limited to leachate data or groundwater
                                                                        monitoring data) or any other data
                                                                        relevant to the delisted waste
                                                                        indicating that any constituent
                                                                        identified for the delisting
                                                                        verification testing is at a 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 the annual testing of the waste
                                                                        does not meet the delisting requirements
                                                                        in paragraph 1, DPRLP 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 DPRLP 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.

[[Page 48514]]

 
                                                                       (D) If the Division Director determines
                                                                        that the reported information does
                                                                        require action, he 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 action by EPA is not
                                                                        necessary. The facility shall have 10
                                                                        days from the date 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 Division
                                                                        Director will issue a final written
                                                                        determination describing the 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.
                                                                       (7) Notification Requirements: DPRLP 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) Update the one-time written
                                                                        notification if it ships the delisted
                                                                        waste into a different disposal
                                                                        facility.
                                                                       (C) 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. 2024-12496 Filed 6-6-24; 8:45 am]
BILLING CODE 6560-50-P