[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Rules and Regulations]
[Pages 11025-11028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03272]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R06-RCRA-2024; FRL-12389-02-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 Bayer Material Science LLC, Baytown, Texas facility to
reflect changes in ownership and name.
DATES: This rule is effective March 3, 2025.
FOR FURTHER INFORMATION CONTACT: E'shala 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 Bayer Material Science LLC, Baytown, TX facility
for the (1) Toluene diisocyanate (TDI) residue (K027) generated from
the facility distillation units in Table 1, and the exclusion from
hazardous waste regulations for the spent carbon generated from the
wastewater treatment plant (K027), (K104), (K111) and (K112) in Table
2. The exclusion or ``delisting'' for the spent carbons was granted to
Bayer Material Science LLC on May 16, 2006 (see 71 FR 28275), and for
the TDI residue on March 12, 2009 (see 74 FR 10680). The EPA has been
notified that the transfer of ownership of the Bayer Material Science,
Baytown, TX facility to Covestro LLC occurred on September 1, 2015.
Covestro LLC 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 Baytown,
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 March 3, 2025.
The Hazardous and Solid Waste Amendments of 1984 amended section 3010
of the Resource Conservation and Recovery Act (RCRA) allows 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 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: January 29, 2025.
Helena Healy,
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 tables 1 and 2 of Appendix IX to part 261 by removing the
entries for ``Bayer Material Science LLC'' ``Baytown, TX'' and adding
entries for ``Covestro LLC'' 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 11026]]
Table 1--Wastes Excluded From Non-Specific Sources
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Facility..................... Address...................... Waste description
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* * * * * * *
Covestro, LLC................ Baytown, TX.................. Toluene Diisocyanate (TDI) Residue (EPA Hazardous
Waste No. K027) generated at a maximum rate of
9,780 cubic yards per calendar year after March
12, 2009.
For the exclusion to be valid, Covestro must
implement a verification testing program 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.
TDI Residue Leachable Concentrations (mg/l):
Arsenic--0.10, Barium--36.0; Chloromethane--
6.06; Chromium--2.27; Cobalt--13.6; Copper--
25.9; Cyanide--3.08; Dichlorophenoxyacetic
acid--1.08; Diethyl phthalate--1000.0; Endrin--
0.02; Lead--0.702; Nickel--13.5; ortho-
dichlorobenzene--9.72; Selenium--0.89; Tin--
22.5; Vanadium--0.976; Zinc--197.0; 2,4-
Toluenediamine--0.0459; Toluene Diisocyanate--
0.039.
(2) Waste Holding and Handling:
(A) Covestro must manage the TDI residue in a
manner to ensure that the residues are
offloaded safely and opportunities for
chemical self-reaction and expansion are
minimized. The TDI residue must be handled to
ensure that contact with water is minimized.
(B) Waste classification as non-hazardous
cannot begin until compliance with the limits
set in paragraph (1) for the TDI residue has
occurred for two consecutive quarterly
sampling events and the reports have been
approved by EPA.
(C) If constituent levels in any sample taken
by Covestro exceed any of the delisting levels
set in paragraph (1) for the TDI residue,
Covestro must do the following:
(i) Notify EPA in accordance with paragraph
(6) and
(ii) manage and dispose the TDI residue as
hazardous waste generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming final, Covestro
must perform quarterly analytical testing by
sampling and analyzing the TDI residue as
follows:
(A) Quarterly Testing:
(i) Collect two representative composite
samples of the TDI residue at quarterly
intervals after EPA grants the final
exclusion. The first composite samples may
be taken at any time after EPA grants the
final approval. Sampling should be performed
in accordance with the sampling plan
approved by EPA in support of the exclusion.
(ii) Analyze the samples for all constituents
listed in paragraph (1). Any composite
sample taken that exceeds the delisting
levels listed in paragraph (1) for the TDI
residue must be disposed as hazardous waste
in accordance with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days after taking
its first quarterly sample, Covestro will
report its first quarterly analytical test
data to EPA. If levels of constituent's
measures in the samples of the TDI residue
do not exceed the levels set forth in
paragraph (1) of this exclusion for two
consecutive quarters, Covestro can manage
and dispose the non-hazardous TDI residue
according to all applicable solid waste
regulations.
(B) Annual Testing:
(i) If Covestro competes the quarterly
testing specified in paragraph (3) above and
no samples contains a constituent at a level
which exceeds the limits set forth in
paragraph (1), Covestro can begin annual
testing as follows: Covestro must test two
representative composite samples of the TDI
residue for all constituents listed in
paragraph (1) at least once a calendar year.
(ii) The samples for the annual testing shall
be a representative composite 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, 1010B, 1020C, 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 Covestro spent carbon are
representative for all constituents listed
in paragraph (1).
(iii) 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.
(iv) the annual testing report must include
the total amount of waste in cubic yards
disposed during the calendar year.
(4) Changes in Operating Conditions:
If Covestro significantly changes the process
described in its petition or starts any
process that generates the waste that may or
could affect the composition or type of waste
generated (by illustration, but not
limitation, changes in equipment or operating
conditions of the treatment process). It must
notify EPA in writing and it may no longer
handle the waste generated from the new
process as non-hazardous until the wastes meet
the delisting levels set in paragraph (1) and
it has received written approval to do so from
EPA.
Covestro must submit a modification to the
petition complete with full sampling and
analysis for circumstances where the waste
volume changes and/or additional waste codes
are added to the waste stream.
(5) Data Submittals:
Covestro must submit the information described
below. If Covestro 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)
Covestro must:
(A) Submit the data obtained through paragraph
3 to the Section Supervisor, Solid Waste and
Permit Section, EPA Region 6, 1201 Elm
Street, Suite 500, Dallas, Texas 75270, Mail
Code, (6LCR-RP) within the time specified.
(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
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 11027]]
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, any time after disposal of the delisted
waste Covestro possesses or is otherwise made
aware of any environmental data (including but
not limited to leachate 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 a level higher than
the delisting level allowed by EPA in granting
the petition, then the facility must report
the data, in writing, to EPA within 10 days of
first possessing or being made aware of that
data.
(B) If either the quarterly or annual testing
of the waste does not meet the delisting
requirements in paragraph 1, Covestro must
report the data, in writing, to EPA within 10
days of first possessing or being made aware
of that data.
(C) If Covestro fails to submit the information
described in paragraph (5), (6)(A) or (6)(B)
or if any other information is received from
any source, EPA will make a preliminary
determination as to whether the reported
information requires 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 EPA determines that the reported
information requires action, EPA will notify
the facility in writing of the actions it
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 explaining
why the proposed EPA action is not necessary.
The facility shall have 10 days from the date
of EPA'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), EPA 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 EPA's determination shall become
effective immediately, unless EPA provides
otherwise.
(7) Notification Requirements:
Covestro 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 the notification will
result in a violation of the delisting
variance and a possible revocation of the
decision.
* * * * * * *
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Table 2--Wastes Excluded From Specific Sources
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Facility..................... Address...................... Waste description
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* * * * * * *
Covestro, LLC................ Baytown, TX.................. Spent Carbon (EPA Hazardous Waste Nos. K027, K104,
K111, and K112) generated at a maximum rate of
7,728 cubic yards per calendar year after May 16,
2006.
For the exclusion to be valid, Covestro must
implement a verification testing program 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.
Spent Carbon Leachable Concentrations (mg/l):
Antimony--0.251; Arsenic--0.385, Barium--8.93;
Beryllium--0.953; Cadmium--0.687; Chromium--
5.0; Cobalt--2.75; Copper--128.0; Cyanide--
1.65; Lead--5.0; Mercury--0.0294; Nickel--
3.45; Selenium--0.266; Tin--2.75; Vanadium--
2.58; Zinc--34.2; Aldrin--0.0000482;
Acetophenone--87.1; Aniline--2.82; Benzene--
0.554; Bis(2-ethylhexyl)phthalate--0.342;
Benzyl alcohol--261; Butylbenzylphthalate--
3.54; Chloroform--0.297; Di-n-octyl phthalate--
0.00427; 2,4-Dinitrotoluene--0.0249; 2,6-
Dinitrotoluene--0.0249 Diphenylamine--1.43;
1,4-Dioxane--14.6; Di-n-butylphthalate--2.02;
Kepone--0.000373; 2-Nitrophenol--87.9; N-
Nitrodiphenylamine--3.28; Phenol--52.2; 2,4-
Toluenediamine--0.00502; Toluene diisocyanate--
0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-hazardous
cannot begin until compliance with the limits
set in paragraph (1) for spent carbon has
occurred for two consecutive quarterly
sampling events and the reports have been
approved by EPA.
(B) If constituent levels in any sample taken
by Covestro exceed any of the delisting levels
set in paragraph (1) for the spent carbon,
Covestro must do the following:
(i) notify EPA in accordance with paragraph
(6) and
(ii) manage and dispose the spent carbon as
hazardous waste generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming final, Covestro
must perform quarterly analytical testing by
sampling and analyzing the spent carbon as
follows:
(A) Quarterly Testing:
(i) Collect two representative composite
samples of the spent carbon at quarterly
intervals after EPA grants the final
exclusion. The first composite samples may
be taken at any time after EPA grants the
final approval. Sampling should be performed
in accordance with the sampling plan
approved by EPA in support of the exclusion.
(ii) Analyze the samples for all constituents
listed in paragraph (1). Any composite
sample taken that exceeds the delisting
levels listed in paragraph (1) for the spent
carbon must be disposed as hazardous waste
in accordance with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days after taking
its first quarterly sample, Covestro will
report its first quarterly analytical test
data to EPA. If levels of constituents
measured in the samples of the spent carbon
do not exceed the levels set forth in
paragraph (1) of this exclusion for two
consecutive quarters, Covestro can manage
and dispose the non-hazardous spent carbon
according to all applicable solid waste
regulations.
(B) Annual Testing:
[[Page 11028]]
(i) If Covestro 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), Covestro can begin annual
testing as follows: Covestro must test two
representative composite samples of the
spent carbon for all constituents listed in
paragraph (1) at least once per calendar
year.
(ii) The samples for the annual testing shall
be a representative composite 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, 1010B, 1020C, 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 Covestro spent carbon are
representative for all constituents listed in
paragraph (1).
(iii) 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.
(iv) The annual testing report must include
the total amount of waste in cubic yards
disposed during the calendar year.
(4) Changes in Operating Conditions:
If Covestro significantly changes the process
described in its petition or starts any
process that generates the waste that may or
could affect the composition or type of waste
generated (by illustration, but not
limitation, changes in equipment or operating
conditions of the treatment process), it must
notify EPA in writing and it may no longer
handle the wastes generated from the new
process as non-hazardous until the wastes meet
the delisting levels set in paragraph (1) and
it has received written approval to do so from
EPA.
Covestro must submit a modification to the
petition complete with full sampling and
analysis for circumstances where the waste
volume changes and/or additional waste codes
are added to the waste stream.
(5) Data Submittals:
Covestro must submit the information described
below. If Covestro 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).
Covestro must:
(A) Submit the data obtained through paragraph
3 to the Section Supervisor, Solid Waste and
Permit Section, EPA Region 6, 1201 Elm
Street, Suite 500, Dallas, Texas 75270, Mail
Code, (6LCR-RP) within the time specified.
(B) Compile records of analytical data from
paragraph (3), summarized, and maintained
onsite 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.
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 Covestro possesses or is otherwise made
aware of any environmental data (including but
not limited to leachate 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 a level higher than
the delisting level allowed by EPA in granting
the petition, then the facility must report
the data, in writing, to EPA within 10 days of
first possessing or being made aware of that
data.
(B) If either the quarterly or annual testing
of the waste does not meet the delisting
requirements in paragraph 1, Covestro must
report the data, in writing, to EPA within 10
days of first possessing or being made aware
of that data.
(C) If Covestro fails to submit the information
described in paragraphs (5), (6)(A) or (6)(B)
or if any other information is received from
any source, EPA will make a preliminary
determination as to whether the reported
information requires 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 EPA determines that the reported
information requires action, EPA will notify
the facility in writing of the actions it
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 explaining
why the proposed EPA action is not necessary.
The facility shall have 10 days from the date
of EPA'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), EPA 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 EPA's determination shall become
effective immediately, unless EPA provides
otherwise.
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[FR Doc. 2025-03272 Filed 2-28-25; 8:45 am]
BILLING CODE 6560-50-P