    [Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
    [Proposed Rules]
    [Pages 14666-14673]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2026-05876]

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    ENVIRONMENTAL PROTECTION AGENCY

    40 CFR Part 261

    [EPA-R06-RCRA-2025-13174; FRL-13174-01-R6]

    Hazardous Waste Management System; Identification and Listing of
    Hazardous Waste

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Proposed rule.

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    SUMMARY: The Environmental Protection Agency (EPA) is proposing to
    grant an exclusion from the list of hazardous waste to WRB Refining LP
    (Petitioner) located in Borger, Texas. This action responds to a
    petition to exclude (or delist) up to 700 cubic yards per year of F037
    (petroleum refinery sludge) solids to be removed from stormwater
    storage tanks for a continuous delisting. If EPA approves the petition
    for delisting, the waste will be disposed of in a Subtitle D landfill.
    EPA is proposing to grant the petition based on an evaluation of waste-
    specific information provided by the Petitioner.

    DATES: Comments on this proposed exclusion must be received by April
    27, 2026.

    ADDRESSES: Submit your comments by one of the following methods:
        Federal eRulemaking Portal: https://www.regulations.gov. Follow the
    on-line instructions for submitting comments.
        Email: dixon.eshala@epa.gov.
        Instructions: The EPA must receive your comments by April 27, 2026.
    Direct your comments to Docket ID No. EPA-R06-RCRA-2025-13174. The
    EPA's policy is that all comments received will be included in the
    public docket without change and may be made available online at
    https://www.regulations.gov, including any personal information
    provided, unless the comment includes information claimed to be
    Confidential Business Information (CBI), or other information whose
    disclosure is restricted by statute. Do not submit information that you
    consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal regulations.gov website is
    an ``anonymous access'' system, which means the EPA will not know your
    identity or contact information unless you provide it in the body of
    your comment. If you send an email comment directly to the EPA without
    going through https://regulations.gov, your email address will be
    automatically captured and included as part of the comment that is
    placed in the public docket and made available on the internet. If you
    submit an electronic comment, the EPA recommends that you include your
    name and other contact information in the body of your comment with any
    CBI you submit. If the EPA cannot read your comment due to technical
    difficulties and cannot contact you for clarification, EPA may not be
    able to consider your comment. Electronic files should avoid the use of
    special characters, any form of encryption and be free of any defects
    or viruses.
        Docket: The index to the docket for this action is available
    electronically at https://www.regulations.gov. Although listed in the
    index, some information is not publicly available, e.g., CBI or other
    information whose disclosure is restricted by statute. Certain other
    material, such as copyrighted material, will be publicly available only
    in hard copy.

    [[Page 14667]]

        You can view and copy the delisting petition and associated
    publicly available docket materials through https://www.regulations.gov
    at: EPA, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270. The
    EPA facility is open from 8:30 a.m. to 4:30 p.m., Monday through
    Friday, excluding Federal holidays. We recommend that you telephone
    Harry Shah, at (214) 665-6457, before visiting the Region 6 office.
    Interested persons wanting to examine these documents should make an
    appointment with the office.

    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, telephone
    number: (214) 665-6592; email address: dixon.eshala@epa.gov.

    SUPPLEMENTARY INFORMATION:

    Table of Contents

    I. Overview Information
    II. Background
        A. What is the history of the delisting program?
        B. What is a delisting petition, and what does it require of a
    Petitioner?
        C. What factors must the EPA consider in deciding whether to
    grant a delisting petition?
    III. EPA's Evaluation of the Waste Information and Data
        A. What waste did the Petitioner petition the EPA to delist?
        B. How did the Petitioner generate the waste?
        C. How did the Petitioner sample and analyze the petitioned
    waste?
        D. What factors did the EPA consider in deciding whether to
    grant the delisting petition?
        E. How did the EPA evaluate the risk of delisting this waste?
        F. What did the EPA conclude?
    IV. Conditions of Exclusion
        A. How will the Petitioner manage the waste if it is delisted?
        B. What is the maximum allowable concentration of hazardous
    constituents in the waste?
        C. How frequently must the Petitioner test the waste?
        D. What data must the Petitioner submit?
        E. What happens if the Petitioner fails to meet the conditions
    of the exclusion?
        F. What must the Petitioner do if the process changes?
    V. When would the EPA finalize the proposed delisting exclusion?
    VI. How would this action affect states?
    VII. Statutory and Executive Order Reviews
        A. Executive Order 12866: Regulatory Planning and Review and
    Executive Order 13563: Improving Regulation and Regulatory Review
        B. Executive Order 12866: Regulatory Planning and Review and
    Executive Order 13563: Improving Regulation and Regulatory Review
        C. Paperwork Reduction Act
        D. Regulatory Flexibility Act
        E. Unfunded Mandates Reform Act
        F. Executive Order 13132: Federalism
        G. Executive Order 13175: Consultation and Coordination with
    Indian Tribal Governments
        H. Executive Order 13045: Protection of Children from
    Environmental Health Risks and Safety Risks
        I. Executive Order 13211: Actions Concerning Regulations That
    Significantly Affect Energy Supply, Distribution or Use
        J. National Technology Transfer and Advancement Act

    I. Overview Information

        The EPA is proposing to grant a May 2020 petition submitted by WRB
    Refining LP to exclude (or delist) up to 700 cubic yards annually of
    F037 solids from stormwater tanks at their facility in Borger, Texas.
        The Petitioner requested a one-time delisting of 7,000 cubic yards
    of stormwater tank solids on the basis that the solids would not meet
    the original criteria for F037, which would be classified as hazardous
    waste due to ``carry over'' of waste codes resulting from RCRA's
    ``mixture and derived from rules.'' EPA granted that one-time delisting
    request in 2025. In the Petition, Petitioners also requested a
    continuous delisting for ongoing stormwater tank solids cleanout. This
    proposal responds to that portion of the Petition and proposes to grant
    a continuous delisting to clean out stormwater tanks annually.

    II. Background

    A. What is the history of the delisting program?

        The EPA published an amended list of hazardous wastes from non-
    specific and specific sources on January 16, 1981, as part of its final
    and interim final regulations implementing section 3001 of RCRA. The
    EPA has amended this list several times and codifies the list in 40 CFR
    261.31 and 40 CFR 261.32.
        The EPA lists these wastes as hazardous because (1) the wastes
    typically and frequently exhibits one or more of the characteristics of
    hazardous wastes identified in subpart C of 40 CFR part 261 (that is,
    ignitability, corrosivity, reactivity, and toxicity), (2) the wastes
    met the criteria for listing contained in 40 CFR 261.11(a)(2) or
    (a)(3), or (3) the wastes are mixed with or derived from the treatment,
    storage or disposal of such characteristic and listed waste and which
    therefore become hazardous under 40 CFR 261.3(a)(2)(iv) or (c)(2)(i),
    known as the mixture or derived-from rules, respectively.
        Individual waste streams may vary, depending on raw materials,
    industrial processes, and other factors. Thus, while a waste described
    in part 261 regulations or resulting from the operation of the mixture
    or derived-from rules generally is hazardous, a specific waste from an
    individual facility may not be hazardous.
        For this reason, 40 CFR 260.20 and 40 CFR 260.22 provide an
    exclusion procedure, called delisting, which allows the petitioner to
    prove that the EPA should not regulate a specific waste from a
    particular generating facility as a hazardous waste.

    B. What is a delisting petition, and what does it require of a
    Petitioner?

        A delisting petition is a request from a generator to the EPA or an
    authorized state to exclude wastes from the list of hazardous wastes.
    The generator petitions the EPA because it does not consider the waste
    as hazardous under RCRA regulations.
        For a delisting petition, the petitioner must demonstrate that the
    wastes generated at a particular facility does not meet any of the
    criteria for which the waste was listed. The criteria for which the EPA
    lists a waste are in 40 CFR part 261.
        In addition, under 40 CFR 260.22, a petitioner must prove that the
    waste does not exhibit any of the hazardous waste characteristics (that
    is, ignitability, corrosivity, reactivity, and toxicity) and must
    present sufficient information for EPA to decide whether factors other
    than those for which the wastes was listed warrant retaining it as a
    hazardous waste.
        Generators remain obligated under RCRA to confirm whether their
    waste remains non-hazardous based on the hazardous waste
    characteristics even if EPA has ``delisted'' the waste.

    C. What factors must the EPA consider in deciding whether to grant a
    delisting petition?

        Besides considering the criteria in 40 CFR 260.22(a) and 3001(f) of
    RCRA 42 U.S.C. 6921(f), EPA must consider any factors (including
    additional constituents) aside from those for which EPA listed the
    waste, if a reasonable basis exists that these additional factors could
    cause the waste to be hazardous.
        The EPA must also consider hazardous waste mixtures containing
    listed hazardous waste and wastes derived from treating, storing, or
    disposing of listed hazardous waste. See 40 CFR part 261.3 (a)(2)(iii)
    and (iv) and (c)(2)(i), called the ``mixture'' and ``derived-from''
    rules, respectively. These wastes are also eligible for

    [[Page 14668]]

    exclusion and remain hazardous wastes until they are excluded.

    III. EPA's Evaluation of the Waste Information and Data

    A. What waste did the Petitioner petition the EPA to delist?

        In May 2020, WRB Refining LP petitioned the EPA to exclude from the
    list of hazardous wastes contained in 40 CFR 261.31, 7,000 cubic yards
    of stormwater tank solids (F037) generated from its facility in Borger,
    Texas. EPA granted the Facility a one-time delisting approval in June
    2025 to remove 7,000 cubic yards of waste for disposal in a subtitle D
    landfill. In anticipation of more frequent cleanout of the stormwater
    tanks, Petitioner also requested a continuous delisting of up to 700
    cubic yards of stormwater tank solids annually.

    B. How did the Petitioner generate the waste?

        The Facility has been in operation for approximately 25 years.
    Gasoline, diesel, aviation fuel, natural gas liquids, petroleum coke
    and solvents are the principal products produced. The subject of this
    delisting petition is solids to be removed from four wastewater tanks
    (North Stormwater Tank, West Stormwater Tank, North Drop Out Basin, and
    West Grit Trap) at the Facility.
        The stormwater tank solids originate from operation of the
    wastewater treatment system at the Facility. Petitioners explain that
    to the extent possible, hydrocarbons present in refinery wastewaters
    from various sources (e.g., crude oil, API separator sludge, DAF float,
    etc.) are recovered through a ``slop system,'' which has the purpose of
    oil recovery.
        Oily waste streams are routed to the storage tanks from collection
    system piping and/or smaller tanks for recovery. The recovered oil is
    further processed within the refinery, and the separated wastewaters
    are routed to downstream treatment units and ultimately discharged
    through an NPDES/TPDES permitted outfall. In addition, refinery
    stormwater flows to those same four stormwater tanks that are the
    subject of this proposal. In general, stormwater from the northern
    portion of the Natural Gas Liquids Plant flows to the North Drop Out
    Basin for primary solids removal and then to the North Stormwater Tank
    for secondary removal. Stormwater from the southern portion of the
    Refinery flows to the West Grit Trap for primary solids removal and
    then to the West Stormwater Tank for secondary removal. The Petition
    explains that because these four tanks receive dry weather flows that
    could be considered ``oily,'' the Petitioner has elected to classify
    them as F037.
        The solids within the four tanks are believed to be classified as
    F037 when generated, WRB Refining LP assumes that solids removed from
    the stormwater tanks bear the F037 (primary oil/water/solids separation
    sludge) listing when generated.
        In an effort to restore capacity of four stormwater tanks,
    Petitioner will remove accumulated solids from the stormwater tanks
    annually. This process will typically occur within a calendar year.
    Stormwater solids will be removed using a variety of mechanical means,
    which generally consists of dredging, excavating, and/or dewatering.
    Mechanical equipment will be utilized to extract solids from the tanks.

    C. How did the Petitioner sample and analyze the petitioned waste?

        A total of eight acceptable sample results were provided by the
    Petitioner. The EPA considered all eight samples of the stormwater tank
    solids, and the landfill disposal scenario was modeled using the
    Delisting Risk Assessment Software (DRAS). The worst-case scenario of
    the constituents' concentrations for the F037 solids were used as input
    in the model to determine if it would meet the hazardous waste criteria
    for which it was listed. The maximum total and leachate concentrations
    for the inorganic and organic constituents which were found in the
    analytical data provided by the petitioner are presented in table 2.

     Table 2--Analytical Results/Maximum Allowable Delisting Concentration Solids From Stormwater Tanks WRB Refining
                                                    LP Borger, Texas
    ----------------------------------------------------------------------------------------------------------------
                                                                Maximum total      Maximum TCLP       Maximum TCLP
                          Chemical name                         concentration   concentration (mg/  delisting level
                                                                   (mg/kg)              L)               (mg/L)
    ----------------------------------------------------------------------------------------------------------------
    Antimony................................................              3.46             0.0146            1.28E+6
    Arsenic.................................................              5.25             0.0138           1.870E+4
    Barium..................................................               366               1.55           3.380E+7
    Beryllium...............................................            0.0455              0.001           5.500E+5
    Cadmium.................................................            0.0515            0.00345           7.070E+4
    Chromium................................................             40.40           0.002480           1.620E+4
    Cobalt..................................................             6.650             0.0177           1.470E+5
    Lead....................................................             150.0             0.0487           1.300E+7
    Nickel..................................................             220.0              0.071           9.460E+5
    Selenium................................................         1.000E-10          1.000E-10           4.970E+6
    Silver..................................................              0.04              0.001           7.310E+6
    Vanadium................................................             25.20              0.003           6.760E+6
    Zinc....................................................             465.0              1.380           1.870E+7
    Mercury.................................................             0.079           0.000015           1.080E+7
    1,2-Dichlorobenzene.....................................            0.0495             0.0002           4.850E+7
    1,3-Dichlorobenzene.....................................            0.0495            0.00025  .................
    1,4-Dichlorobenzene.....................................             0.085             0.0002           2.450E+6
    2,4-Dimethylphenol......................................             0.027             0.0002           7.780E+7
    2,4-Dinitrophenol.......................................             0.037             0.0002            2.34E+7
    4-Nitrophenol...........................................             155.0              0.003  .................
    Acenaphthene............................................              0.09            0.00015           1.380E+7
    Anthracene..............................................              0.16            0.00015           1.560E+7
    Benz(a)anthracene.......................................              0.13            0.00015           7.510E+3
    Benzo(a)pyrene..........................................             0.095             0.0002                557
    Benzo(b)fluoranthene....................................             0.085             0.0002               4390
    Benzo(k)fluoranthene....................................              0.08            0.00035              52000

    [[Page 14669]]

    Bis(2-ethylhexyl)phthalate..............................               0.6             0.0004           1.840E+8
    Chrysene................................................              0.17             0.0004             737000
    Di-n-butyl-phthalate....................................          0.002850             0.0004             468000
    Dibenz(a,h)anthracene...................................           0.03050             0.0003                587
    Diethyl Phthalate.......................................            0.0085            0.00035            2.52E+9
    Dimethyl Phthalate......................................             0.017            0.00025  .................
    Fluoranthene............................................              0.42             0.0002            4230000
    Fluorene................................................             0.085             0.0002            4230000
    Indeno(1,2,3,-cd)pyrene.................................              0.06             0.0003               9540
    Naphthalene.............................................              0.09            0.00235             141000
    Phenanthrene............................................               0.6             0.0002  .................
    Phenol..................................................             0.009             0.0002           5.070E+9
    Pyrene..................................................              0.46            0.00015             463000
    Pyridine................................................            0.0075            0.00015           3.600E+7
    1,1,1,-Trichloroethane..................................           0.00041              0.005           7.700E+8
    1,1,-Dichloroethane.....................................           0.00041              0.004           5.910E+7
    1,2-Dichloroethane......................................           0.00049              0.005             257000
    1,4-Dioxane.............................................            0.0165               0.41            2510000
    Acetone.................................................           0.00165               0.02           4.490E+9
    Benzene.................................................             0.095              0.006             759000
    Carbon disulfide........................................             0.013              0.009           5.150E+7
    Chlorobenzene...........................................           0.00049              0.004           3.020E+7
    Chloroform..............................................           0.00041               0.05             134000
    Ethylbenzene............................................           0.00315              0.005            2000000
    Styrene.................................................           0.00055              0.005           2.490E+8
    Toluene.................................................             0.018              0.005           1.470E+8
    Trichloroethene.........................................         1.000E+10              0.005             262000
    Xylenes, Total..........................................            0.0049               0.05           3.140E+8
    ----------------------------------------------------------------------------------------------------------------
    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.

    D. What factors did the EPA consider in deciding whether to grant the
    delisting petition?

        In reviewing this petition, we considered the original listing
    criteria and the additional factors required by the Hazardous and Solid
    Waste Amendments of 1984 (HSWA). See 222 of HSWA, 42 U.S.C. 6921(f),
    and 40 CFR 260.22(d)(2) through (4). We evaluated the petitioned waste
    against the listing criteria and factors cited in 40 CFR 261.22(a)(2)
    and (3).
        In addition to the criteria in 40 CFR 260.22(a), 261.11(a)(2) and
    (3), 42 U.S.C. 6921(f), and in the background documents for the listed
    wastes, the EPA also considered factors (including additional
    constituents) other than those for which EPA listed the waste of these
    additional factors could cause the waste to be hazardous.
        Our proposed decision to grant the Facility's petition is based on
    our evaluation of the wastes for factors or criteria which could cause
    the waste to be hazardous. These factors included: (1) whether the
    waste is considered acutely toxic; (2) the toxicity of the
    constituents; (3) the concentrations of the constituents in the waste;
    (4) the tendency of the constituents to migrate and to bioaccumulate;
    (5) the persistence in the environment of any constituents once
    released from the waste; (6) plausible and specific types of management
    of the petitioned waste; (7) the quantity of waste produced; and (8)
    waste variability.
        The EPA must also consider hazardous wastes mixture containing
    listed hazardous wastes and wastes derived from treating, storing, or
    disposing of listed hazardous waste. See 40 CFR 261.3(a)(2)(iv) and
    (c)(2)(i) called the ``mixture'' and ``derived-from'' rules,
    respectively. Mixture and derived-from wastes are also eligible for
    exclusion but remain hazardous until excluded.

    E. How did the EPA evaluate the risk of delisting this waste?

        For this proposed delisting determination, we evaluated the risk
    that the waste would be disposed of as a non-hazardous waste in a
    landfill. We considered transport of waste constituents through
    groundwater, surface water, and air. We evaluated the Petitioner's
    analysis of the petitioned waste using the Delisting Risk Assessment
    Software (DRAS) to predict the concentration of hazardous constituents
    that might be released from the petitioned waste and to determine if
    the waste would pose a threat to human health and the environment. The
    DRAS software and associated documentation can be found at https://www.epa.gov/hw/hazardous-waste-delisting-risk-assessment-software-dras.
        To predict the potential for release to groundwater from landfilled
    wastes and subsequent routes of exposure to a receptor, the DRAS uses
    dilution attenuation factors derived from the EPA's Composite Model for
    leachate migration with transformation products. From a release to
    groundwater, the DRAS considers routes of exposure to a human receptor
    through ingestion of contaminated groundwater, inhalation from
    groundwater while showering, and dermal contact from groundwater while
    bathing. From a release to surface water by erosion of waste from an
    open landfill into stormwater runoff, DRAS evaluates the exposure to a
    human receptor by fish ingestion and ingestion of drinking water. From
    the release of waste particles and volatile emissions to air from the
    surface of an open landfill, DRAS considers routes of exposure of
    inhalation of volatile constituents, inhalation of particles, and air
    deposition of particles on residential

    [[Page 14670]]

    soil and subsequent ingestion of the contaminated soil by a child.

    F. What did EPA conclude?

        The 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). In making the
    initial delisting determination, the EPA evaluated the petitioned waste
    against the listing criteria and factors cited in 40 CFR 261.11(a)(2)
    and (a)(3). Based on this review, the EPA agrees with the Petitioner
    that the petitioned waste is nonhazardous with respect to the original
    listing criteria. (If the EPA had found, based on this review, that the
    waste remained hazardous based on the factors for which the waste was
    originally listed, the EPA would propose to deny the petition.) The 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. The 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. The
    EPA believes that the petitioned waste does not meet the listing
    criteria and thus, should not be a listed waste. The EPA's proposed
    decision to delist the waste from the Petitioner's facility is based on
    the information submitted in support of this rule, including
    description of the wastes and analytical data from the Facility, and
    that is contained in the Petition and attachments, all of which are
    included in the docket of this action.

    IV. Conditions of Exclusion

    A. How will the Petitioner manage the waste if it is delisted?

        If the petitioned waste is delisted as proposed, the Petitioner
    must dispose of the waste in a Subtitle D landfill which is permitted,
    licensed, or registered by a state to manage industrial waste. The
    Petitioners stated that, if the delisting is approved, the landfill
    will likely be an onsite landfill (Notice of Registration Unit No. 045)
    authorized under Title 30 of the Texas Administrative Code (TAC),
    Chapter 335.

    B. What is the maximum allowable concentrations of hazardous
    constituents in the waste?

        The EPA notes that in some instances the maximum allowable total
    constituents' concentrations provided by the DRAS model exceed 100% of
    the waste-these DRAS results are an artifact of the risk calculations
    that do not have physical meaning. In instances where DRAS predicts a
    maximum constituent greater than 100% of the waste (that is, greater
    than 1,000,000 mg/kg or mg/L, respectively, for total and TCLP
    concentrations), the EPA is not proposing to require the Petitioner to
    perform sampling and analysis for that constituent and sampling type
    (total or TCLP).

    C. How frequently must the Petitioner test the waste?

        The testing approach for this waste stream will be conducted as
    generated. Prior to disposal of any future tank cleanouts, the
    Petitioner must conduct sampling and analysis as described in the
    delisting sampling and analysis plan and ensure that the waste does not
    exceed the delisting parameters. If compliance with the delisting
    parameters is demonstrated with analytical testing (TCLP analysis), the
    Petitioner may dispose of the stormwater tank cleanouts in a Subtitle D
    landfill. The annual volume of solids generated from the tank clean
    outs may not exceed 700 cubic yards. The annual sampling report shall
    include the volume of solids disposed of in the landfill, as well as
    annual testing event data. The Petitioner should monitor and report
    increasing trends of constituents which will affect the overall
    compliance with the stormwater discharge permit.

    D. What data must the Petitioner submit?

        The Petitioner must submit the data obtained through verification
    testing to the U.S. EPA Region 6, Office of Land, Chemicals and
    Redevelopment Division, 1201 Elm Street, Suite 500, LCRRP, Dallas,
    Texas 75270-2102, within 30 days after receiving the results from the
    laboratory. These results may be submitted electronically to Harry
    Shah, shah.harry@epa.gov. The Petitioner must make those records
    available for inspection. All data must be accompanied by a signed copy
    of the certification statement in 40 CFR 260.22(i)(12).

    E. What happens if the Petitioner fails to meet the conditions of the
    exclusion?

        If this Petitioner violates the terms and conditions established in
    the exclusion, the Agency may start procedures to withdraw the
    exclusion. Additionally, the terms of the exclusion provide that ``any
    waste volume for which representative composite sampling does not
    reflect full compliance with the exclusion criteria must continue to be
    managed as hazardous.''
        If the testing of the waste does not demonstrate compliance with
    the delisting concentrations described in section IV.C. above, or other
    data (including but not limited to leachate data or groundwater
    monitoring data from the final land disposal facility) relevant to the
    delisted waste indicates that any constituent is at a concentration in
    the waste above the specified delisting verification concentrations in
    table 1, the Petitioner must notify the Agency within 10 days, or a
    later date as the EPA may agree to in writing, after receiving the
    final verification testing results from the laboratory or of first
    possessing or being made aware of other relevant data. The EPA may
    require the Petitioner to conduct additional verification sampling to
    better define the volume of waste for which the corresponding
    representative sample(s) do not reflect full compliance with delisting
    exclusion levels, the exclusion by its terms does not apply, and the
    waste must be managed as hazardous.
        The EPA has the authority under RCRA and the Administrative
    Procedure Act, 5 U.S.C. 551 to reopen a delisting decision if we
    receive new information indicating that the condition of this exclusion
    have been violated or are otherwise not being met.

    F. What must the Petitioner do if the process changes?

        Any process changes or addition implemented at the Petitioner's
    facility which would significantly impact the constituent concentration
    of the waste must be reported to the EPA in accordance with Condition
    VI. of the exclusion language.

    V. When would the EPA finalize the proposed delisting exclusion?

        HSWA specifically requires the EPA to provide notice and an
    opportunity for public comments before granting or denying a final
    exclusion. Thus, the EPA will not make a final decision or grant an
    exclusion until it has addressed all timely public comments, including
    any at public hearings. Upon receipt and consideration of all comments,
    the EPA will publish its final determination as a final rule. Since
    this rule would reduce the existing requirements for persons generating
    hazardous wastes, the regulated community does not need

    [[Page 14671]]

    the six-month period to come into compliance in accordance with 3010 of
    RCRA, as amended by HSWA.

    VI. How would this action affect States?

        Because EPA is proposing to issue this exclusion under the federal
    RCRA delisting regulations, only states subject to federal RCRA
    delisting provisions will be affected. This exclusion may not be
    effective in states which have received authorization from the EPA to
    make their own delisting decisions.
        RCRA allows states to impose more stringent regulatory requirements
    from RCRA's under 3009 of RCRA. These more stringent requirements may
    include a provision that prohibits a federally issued exclusion from
    taking effect in the state. We urge Petitioners to contact the state
    regulatory authority to establish the status of its wastes under the
    state law.
        The EPA has also authorized some states to administer a delisting
    program in place of the federal program, that is, to make state
    delisting decisions. Therefore, this exclusion does not apply in those
    states. If the Petitioner manages wastes in any state with delisting
    authorization, the Petitioner must obtain delisting authorization or
    other determination from the receiving state before it can manage the
    wastes as nonhazardous in that state.

    VII. Statutory and Executive Order Reviews

        Additional Information about these statutes and Executive Orders
    can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

    A. Executive Order 12866: Regulatory Planning and Review and Executive
    Order 13563: Improving Regulation and Regulatory Review

        This action is exempt from review by the Office of Management and
    Budget because it is a rule of particular applicability, not general
    applicability. The action approves a modification of an existing
    delisting petition under RCRA for the petitioned waste at a particular
    facility.

    B. Executive Order 14192: Unleashing Prosperity Through Deregulation

        This action is not subject to Executive Order 14192 because it is a
    rule of particular applicability and exempt from review under Executive
    Order 12866.

    C. Paperwork Reduction Act

        This action does not impose an information collection burden under
    the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501)
    because it only applies to a particular facility.

    D. Regulatory Flexibility Act

        Because this rule is of particular applicability relating to a
    particular facility, it is not subject to the Regulatory flexibility
    provision of the Regulatory Flexibility Act (5 U.S.C. 601).

    E. Unfunded Mandates Reform Act

        This action does not contain any unfunded mandate as described in
    the Unfunded Mandates Reform Act (U.S.C. 1531-1538) and does not
    significantly or uniquely affect small governments. The action imposes
    no new enforceable duty on any state, local, or Tribe governments or
    the private sector.

    F. Executive Order 13132: Federalism

        This action 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.

    G. Executive Order 13175: Consultation and Coordination With Indian
    Tribal Governments

        This action does not have Tribal implications as specified in
    Executive Order 13175. This action applies only to a particular
    facility on non-Tribal land. Thus, Executive Order 13175 does not apply
    to this action.

    H. Executive Order 13045: Protection of Children From Environmental
    Health Risks and Safety Risks

        This action is not subject to Executive Order 13045 because it is
    not economically significant as defined in Executive Order 12866, and
    because the EPA does not believe the environmental health or safety
    risks addressed by this action present a disproportionate risk to
    children.

    I. Executive Order 13211: Actions Concerning Regulations That
    Significantly Affect Energy Supply, Distribution or Use

        This action is not subject to Executive Order 13211, because it is
    not a significant regulatory action under Executive Order 12866.

    J. National Technology Transfer and Advancement Act

        This action does not involve technical standards as described by
    the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
    272).

    Lists of Subjects in 40 CFR Part 261

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

    Eunice Varughese,
    Director, Land, Chemicals and Redevelopment Division.

        For the reasons set out in the preamble, the EPA proposes to amend
    40 CFR part 261 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 revising the entry ``WRB
    Refining LP'' 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
    ------------------------------------------------------------------------
    WRB Refining LP........  Borger, TX.............  Stormwater Solids
                                                       (F037) generated at a
                                                       maximum generation of
                                                       700 cubic yards
                                                       annually.

    [[Page 14672]]

                                                      (1) Delisting Levels:
                                                       All leachable
                                                       constituent
                                                       concentrations must
                                                       not exceed the
                                                       following levels. The
                                                       petitioner must use
                                                       the method specified
                                                       in 40 CFR 261.24 to
                                                       measure constituents
                                                       in the waste leachate
                                                       (mg/L). Stormwater
                                                       Solids Leachate:
                                                       Antimony-1280000;
                                                       Arsenic-.18700;
                                                       Barium-33800000;
                                                       Benz(a) anthracene-
                                                       7510; Benzo(a)pyrene-
                                                       557 Benzene-759000;
                                                       Cadmium-70700; Carbon
                                                       disulfide-51500000;
                                                       Chromium-.162000;
                                                       Chrysene-737000;
                                                       Cobalt-147000; Di-n-
                                                       butyl-phthalate-
                                                       4680000; Ethylbenzene-
                                                       2000000;
                                                       Fluoranthrene-258000;
                                                       Fluorene-4230000;
                                                       Indeno (1,2,3-
                                                       cd)pyrene-9540 Lead-
                                                       13000000; Mercury-
                                                       .13000000;
                                                       Naphthalene-141000;
                                                       Nickel-946000; Pyrene-
                                                       463000; Selenium-
                                                       4970000; Silver-
                                                       7310000; Toluene-
                                                       147000000; Vanadium-
                                                       6760000; Xylenes,
                                                       Total- 314000000;
                                                       Zinc-18700000.
                                                      (2) Waste Holding and
                                                       Handling:
                                                         (A) All stormwater
                                                          solids from tank
                                                          clean outs must be
                                                          tested to assure
                                                          they have met the
                                                          concentrations
                                                          described in
                                                          Paragraph (1).
                                                          Solids that do not
                                                          meet the
                                                          concentrations
                                                          must be disposed
                                                          of as hazardous
                                                          waste.
                                                         (B) Levels of
                                                          constituents
                                                          measured in the
                                                          samples of the
                                                          solids that do not
                                                          exceed the levels
                                                          set forth in
                                                          Paragraph (1) are
                                                          non-hazardous. WRB
                                                          Refining LP can
                                                          manage and dispose
                                                          the non-hazardous
                                                          stormwater solids
                                                          according to all
                                                          applicable solid
                                                          waste regulations.
                                                         (C) WRB Refining LP
                                                          must maintain a
                                                          record of the
                                                          actual volume of
                                                          the stormwater
                                                          solids to be
                                                          disposed in the
                                                          Subtitle D or on-
                                                          site landfill
                                                          according to the
                                                          requirements in
                                                          Paragraph (4).
                                                      (3) Changes in
                                                       Operating Conditions:
                                                       If WRB Refining LP
                                                       significantly changes
                                                       the process described
                                                       in its petition or
                                                       starts any processes
                                                       that may or could
                                                       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), they must
                                                       notify the EPA in
                                                       writing; they may no
                                                       longer handle the
                                                       wastes generated from
                                                       the new process as
                                                       nonhazardous until
                                                       the test results of
                                                       the wastes meet the
                                                       delisting levels set
                                                       in Paragraph (1) and
                                                       they have received
                                                       written approval to
                                                       do so from the EPA.
                                                      (4) Data Submittals:
                                                       WRB Refining LP must
                                                       submit the
                                                       information described
                                                       below. If WRB
                                                       Refining LP fails to
                                                       submit the required
                                                       data within the
                                                       specified time or
                                                       maintain the required
                                                       records on-site for
                                                       the specified time,
                                                       the EPA, at its
                                                       discretion, will
                                                       consider this
                                                       sufficient basis to
                                                       reopen the exclusion
                                                       as described in
                                                       Paragraph (5). WRB
                                                       Refining LP must:
                                                         (A) Submit the data
                                                          obtained through
                                                          Paragraph (3) to
                                                          the Chief, RCRA
                                                          Permits & Solid
                                                          Waste Section,
                                                          Mail Code, (6LCR-
                                                          RP) US EPA Region
                                                          6, 1201 Elm
                                                          Street, Suite 500,
                                                          Dallas, TX 75270
                                                          within the time
                                                          specified. Data
                                                          may be submitted
                                                          via email to the
                                                          technical contact
                                                          for the delisting
                                                          program.
                                                         (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 the 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 the
                                                          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
                                                          the 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, WRB
                                                          Refining LP
                                                          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
                                                          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
                                                          verification
                                                          testing of the
                                                          waste does not
                                                          meet the delisting
                                                          requirements in
                                                          Paragraph 1, WRB
                                                          Refining LP 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 WRB Refining
                                                          LP fails to submit
                                                          the information
                                                          described in
                                                          paragraphs (4),
                                                          (5)(A) or (5)(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 Agency
                                                          action to protect
                                                          human health or
                                                          the environment.
                                                          Further action may
                                                          include
                                                          suspending, or
                                                          revoking the
                                                          exclusion, or
                                                          other appropriate
                                                          response necessary
                                                          to protect human
                                                          health and the
                                                          environment.
                                                         (D) If the Division
                                                          Director
                                                          determines that
                                                          the reported
                                                          information does
                                                          require Agency
                                                          action, 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
                                                          Agency action is
                                                          not necessary. The
                                                          facility shall
                                                          have 10 days from
                                                          the date of the
                                                          Division
                                                          Director's notice
                                                          to present such
                                                          information.

    [[Page 14673]]

                                                         (E) Following the
                                                          receipt of
                                                          information from
                                                          the facility
                                                          described in
                                                          paragraph (5)(D)
                                                          or (if no
                                                          information is
                                                          presented under
                                                          paragraph (5)(D))
                                                          the initial
                                                          receipt of
                                                          information
                                                          described in
                                                          paragraphs (4),
                                                          (5)(A) or (5)(B),
                                                          the Division
                                                          Director will
                                                          issue a final
                                                          written
                                                          determination
                                                          describing the
                                                          Agency actions
                                                          that are necessary
                                                          to protect human
                                                          health or the
                                                          environment. Any
                                                          required action
                                                          described in the
                                                          Division
                                                          Director's
                                                          determination
                                                          shall become
                                                          effective
                                                          immediately,
                                                          unless the
                                                          Division Director
                                                          provides
                                                          otherwise.
                                                      (6) Notification
                                                       Requirements: WRB
                                                       Refining LP 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
                                                          written
                                                          notification to
                                                          any State
                                                          Regulatory Agency
                                                          to which, or
                                                          through which they
                                                          will transport the
                                                          delisted waste
                                                          described above
                                                          for disposal, 60
                                                          days before
                                                          beginning such
                                                          activities. If WRB
                                                          Refining LP
                                                          transports the
                                                          excluded waste to
                                                          or manages the
                                                          waste in any state
                                                          with delisting
                                                          authorization, WRB
                                                          Refining LP must
                                                          obtain delisting
                                                          authorization from
                                                          that state before
                                                          it can manage the
                                                          waste as
                                                          nonhazardous in
                                                          that state.
                                                         (B) Update the one-
                                                          time written
                                                          notification if
                                                          they ship the
                                                          delisted waste to
                                                          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
                                                          exclusion.
    ------------------------------------------------------------------------

    * * * * *
    [FR Doc. 2026-05876 Filed 3-25-26; 8:45 am]
    BILLING CODE 6560-50-P