Thursday,

August
17,
2000
Part
II
Environmental
Protection
Agency
40
CFR
Parts
261
and
266
Project
XL
Site­
Specific
Rulemaking
for
US
Filter
Recovery
Services,
Roseville,
MN,
and
Generators
and
Transporters
of
USFRS
XL
Waste;
Proposed
Rule
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
261
and
266
[FRL±
6848±
8]

Project
XL
Site­
Specific
Rulemaking
for
US
Filter
Recovery
Services,
Roseville,
Minnesota,
and
Generators
and
Transporters
of
USFRS
XL
Waste
AGENCY:
Environmental
Protection
Agency
(EPA).

ACTION:
Proposed
rule
and
draft
final
project
agreement.

SUMMARY:
The
Environmental
Protection
Agency
(EPA)
is
proposing
this
rule
to
implement
a
project
under
its
Project
XL
(which
stands
for
eXcellence
and
Leadership)
program
that
would
provide
regulatory
flexibility
under
the
Resource
Conservation
and
Recovery
Act
(RCRA),
as
amended,
for
the
US
Filter
Recovery
Services
(USFRS)
facility
located
at
2430
Rose
Place,
Roseville,
Minnesota,
55113
and
approved
Minnesota
generators
and
transporters
of
wastes
to
encourage
the
use
of
waste
water
treatment
ion
exchange
resins.
The
principal
objective
of
the
USFRS
XL
Project
is
to
pilot
a
flexible,
performance­
based
system
for
managing
waste
waters
from
electroplaters,
metal
finishers
and
similar
industries
who
by
virtue
of
their
using
USFRS
water
treatment
ion
exchange
resins
generate
electroplating
sludges
which
are
regulated
hazardous
wastes.
To
achieve
this
objective,
this
proposed
rule
would
replace
existing
requirements
for
approved
generators
and
transporters
with
a
comprehensive
program
designed
and
implemented
by
USFRS
to
properly
store
and
transport
the
USFRS
water
treatment
ion
exchange
resin
wastes.
The
overall
terms
of
this
XL
Project
are
contained
in
the
draft
Final
Project
Agreement
(FPA)
of
which
EPA
is
also
requesting
comments.
The
draft
FPA
is
available
for
public
review
and
comment
at
the
RCRA
Docket
in
Arlington,
Virginia,
in
the
EPA
Region
V
library,
at
USFRS,
and
on
the
world
wide
web
at
http://
www.
epa.
gov/
projectxl/.
Following
a
review
of
the
public
comments
and
appropriate
changes,
the
FPA
would
be
signed
by
delegates
from
the
EPA,
the
Minnesota
Pollution
Control
Agency
(MPCA),
the
Counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
and
Washington
in
Minnesota,
USFRS
and
each
participating
generator
and
transporter.

DATES:
Public
Comments:
Comments
on
the
proposed
rule
and/
or
FPA
must
be
received
on
or
before
September
7,
2000.
All
comments
should
be
submitted
in
writing
to
the
address
listed
below.
Public
Hearing:
Commenters
may
request
a
public
hearing
by
August
24,
2000
during
the
public
comment
period.
Commenters
requesting
a
public
hearing
should
specify
the
basis
for
their
request.
If
EPA
determines
that
there
is
sufficient
reason
to
hold
a
public
hearing,
it
will
do
so
by
August
31,
2000,
during
the
last
week
of
the
public
comment
period.
Requests
for
a
public
hearing
should
be
submitted
to
the
address
below.
If
a
public
hearing
is
scheduled,
the
date,
time,
and
location
will
be
noticed
through
a
Federal
Register
notice
or
by
contacting
Mr.
Robert
Egan
at
the
Region
V
office.

ADDRESSES:
Request
to
Speak
at
Hearing:
Requests
for
a
hearing
should
be
mailed
to
the
RCRA
Information
Center
Docket
Clerk
(5305G),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
D.
C.
20460.
Please
send
an
original
and
two
copies
of
all
comments,
and
refer
to
Docket
Number
F±
2000±
FRSP±
FFFFF.
A
copy
should
also
be
sent
to
Mr.
Robert
Egan,
EPA,
Region
V.
Mr.
Egan
may
be
contacted
at
the
following
address:
U.
S.
Environmental
Protection
Agency,
Region
V,
Waste,
Pesticides
and
Toxics
Division,
(DRP±
8J),
77
West
Jackson,
Chicago,
Illinois,
60604,
(312)
886±
6212.
Comments:
Written
comments
should
be
mailed
to
the
RCRA
Information
Center
Docket
Clerk
(5305W),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
D.
C.
20460.
Please
send
an
original
and
two
copies
of
all
comments,
and
refer
to
Docket
Number
F±
2000±
FRSP±
FFFFF.
A
copy
of
the
comments
should
also
be
sent
to
Mr.
Egan
at
U.
S.
EPA,
Region
V,
Waste,
Pesticides
and
Toxics
Division
(DRP±
8J),
77
West
Jackson,
Chicago,
Illinois
60604.
Viewing
Project
Materials:
A
docket
containing
the
proposed
rule,
draft
FPA,
supporting
materials,
and
public
comments
is
available
for
public
inspection
and
copying
at
the
RCRA
Information
Center
(RIC),
located
at
Crystal
Gateway,
1235
Jefferson
Davis
Highway,
First
Floor,
Arlington,
Virginia.
The
RIC
is
open
from
9:
00
am
to
4:
00
pm
Monday
through
Friday,
excluding
federal
holidays.
The
public
is
encouraged
to
phone
in
advance
to
review
docket
materials.
Appointments
can
be
scheduled
by
phoning
the
Docket
Office
at
(703)
603±
9230.
Refer
to
RCRA
docket
number
F±
2000±
FRSP±
FFFFF.
The
public
may
copy
a
maximum
of
100
pages
from
any
regulatory
docket
at
no
charge.
Additional
copies
cost
15
cents
per
page.
Project
materials
are
also
available
for
review
for
today's
action
on
the
world
wide
web
at
http://
www.
epa.
gov/
projectxl/.
A
duplicate
copy
of
the
docket
is
available
for
inspection
and
copying
at
U.
S.
EPA,
Region
V,
Waste,
Pesticides
and
Toxics
Division,
77
West
Jackson,
Chicago,
Illinois
60604
during
normal
business
hours.
Persons
wishing
to
view
the
duplicate
docket
at
the
Chicago
location
are
encouraged
to
contact
Mr.
Robert
Egan
in
advance,
by
telephoning
(312)
886±
6212.
FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Robert
Egan,
U.
S.
EPA,
Region
V,
Waste,
Pesticides
and
Toxics
Division,
77
West
Jackson,
Chicago,
Illinois
60604.
Mr.
Egan
may
be
contacted
at
(312)
886±
6212.
Further
information
on
today's
action
may
also
be
obtained
on
the
world
wide
web
at
http://
www.
epa.
gov/
projectxl/.
SUPPLEMENTARY
INFORMATION:
Electroplaters,
metal
finishers
and
other
industries
use
large
volumes
of
water
to
wash
and
rinse
materials
during
the
manufacturing
process.
In
many
manufacturing
processes
this
wash
and
rinse
water
is
used
once
then
directed
to
an
on­
site
waste
water
treatment
plant
where
it
is
treated
to
levels
required
by
the
Clean
Water
Act
prior
to
discharge
to
a
surface
water
body
or
a
local
publicly
owned
treatment
works
(POTW).
To
minimize
the
use
of
potable
water
in
the
manufacturing
process
USFRS
has
developed
a
water
treatment
system
that
uses
an
ion
exchange
resin
(``
resin'').
USFRS
estimates
that
one
gallon
of
its
resin
can
treat
anywhere
from
500
to
2,000
gallons
of
process
waste
waters.
The
resins
are
contained
in
a
canister.
USFRS
pays
between
$300
and
$4,000
per
canister
(for
the
larger
ones)
and
they
expect
to
use
each
canister
for
approximately
20
years.
The
process
waste
waters
are
directed
to
the
canisters.
The
resins
within
the
canisters
collect
the
metals
and
other
chemical
contaminants
that
are
otherwise
contained
in
the
process
waste
waters.
Exiting
the
canister
is
cleaned
water.
USFRS
anticipates
that
the
cleaned
water
could
be
returned
to
the
process
thus
avoiding
or
reducing
the
use
and
treatment
of
potable
water
in
the
manufacturing
process.
However,
the
collection
of
the
chemical
contaminants
on
the
resins
results
in
the
resins
being
characterized
as
a
listed
hazardous
wasteÐ
i.
e.,
F006,
waste
water
treatment
sludges
from
electroplating
operations.
The
resins
may
also
exhibit
a
characteristic
of
hazardous
waste
as
a
result
of
the
operations
of
a
particular
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
1
A
solid
waste
may
be
a
hazardous
waste
if
it
is
listed
or
demonstrates
a
characteristic
as
defined
by
40
CFR
part
261,
subparts
C
and
D.
Certain
solid
wastes
are
considered
listed
hazardous
wastes
because
they
are
generated
as
a
result
of
specific
manufacturing
processes.
Such
solid
wastes
may
also
be
considered
characteristic
hazardous
waste
depending
on
the
chemical
composition
of
the
wastes.
This
XL
Project
is
focused
on
the
resin
wastes
generated
from
process
waste
waters
associated
with
the
F006
hazardous
waste
listing.
It
is
possible
that
for
some
manufacturers
the
resin
wastes
may
also
be
characterized
as
a
characteristic
hazardous
waste.
This
is
acceptable
for
participation
in
the
USFRS
XL
project
provided
the
waste
waters
were
from
processes
associated
with
the
F006
hazardous
waste
listing.
manufacturer.
The
characterization
of
the
resin
wastes
as
a
listed
hazardous
waste
operates
as
a
disincentive
to
a
potential
customer
to
use
the
USFRS
waste
water
treatment
system
since
that
customer
must
handle,
store
and
transport
the
resins
according
to
the
hazardous
wastes
requirements
contained
in
40
CFR
parts
260±
265,
268,
270,
273
and
279.
The
purpose
of
the
USFRS
XL
Project
would
be
to
determine
whether
substitute
requirements
imposed
on
USFRS
and
approved
generators
and
transporters
would
remove
this
disincentive,
as
well
as
encourage
increased
use
of
the
USFRS
waste
water
treatment
system,
a
decrease
in
the
energy
associated
with
use
of
potable
water
in
the
manufacturing
process,
and
a
decrease
in
the
amount
of
hazardous
chemicals
discharged
to
POTWs.
The
development
and
implementation
of
the
USFRS
XL
Project
would
be
piloted
at
USFRS
and
at
approved
generators
and
transporters
of
USFRS
resin
wastes.
The
approved
generators
and
transporters
would
handle,
store
and
transport
the
resin
wastes
in
accordance
with
specific
standards
contained
in
proposed
new
part
266,
subpart
N
of
Title
40
of
the
Code
of
Federal
Regulations
(``
subpart
N'').
These
requirements
would
operate
in
lieu
of
the
requirements
imposed
under
parts
261±
265,
268,
270,
273
and
279
of
Title
40
of
the
Code
of
Federal
Regulations.
As
a
result,
it
is
anticipated
that
the
generators
will
reduce
their
discharge
of
process
waste
waters
to
local
POTWs.
USFRS
will
handle
the
resin
wastes
as
hazardous
waste
and
in
accordance
with
subpart
N
and
its
hazardous
waste
permit.
The
proposed
rule
would
impose
on
USFRS
additional
reporting
and
handling
requirements
in
exchange
for
the
regulatory
flexibility
provided
to
the
generators
and
transporters.
All
other
hazardous
wastes
generated
by
these
generators
and
USFRS
would
continue
to
be
subject
to
current
RCRA
regulations.
The
USFRS
XL
Project
is
intended
to
test
the
effectiveness
of
an
integrated,
flexible,
performance­
based
approach
for
managing
hazardous
waste
to
determine
whether
this
approach
promotes
a
reduction
in
the
amount
of
hazardous
chemicals
which
are
discharged
to
the
local
POTWs
and
the
amount
of
water
used
in
the
manufacturing
process.
EPA
is
proposing
to
implement
the
USFRS
XL
Project
by
providing
the
generators
and
transporters
with
a
``
temporary
deferral''
from
the
requirements
of
40
CFR
parts
261±
265,
268,
270,
273
and
279
for
USFRS
XL
waste.
The
deferral
is
temporary
in
that
it
is
only
applicable
for
the
period
of
time
that
the
waste
is
at
the
generator
or
during
its
transport
to
USFRS.
Additionally,
the
deferral
is
temporary
in
that
the
deferral
is
applicable
only
during
the
time
that
this
XL
Project
is
effectiveÐ
5
years
from
the
effective
date
of
subpart
N.
The
deferral
consists
of
designating
the
resin
wastes
by
a
waste
code
different
from
those
identified
in
40
CFR
part
261
while
the
waste
is
at
the
approved
generator
and
during
its
transport.
To
accomplish
this
the
proposed
rule
contains
a
new
definition
of
``
USFRS
XL
waste''
and
provides
it
with
a
unique
EPA
waste
code
(XL001).
USFRS
XL
wastes
will
be
limited
to
used
water
treatment
resin
canisters
and
their
contents
from
USFRS
XL
waste
generators
located
in
the
state
of
Minnesota.
The
USFRS
XL
waste
will
include
the
resins,
the
wastes
contained
on
or
within
the
resins
and
any
other
wastes
contained
within
the
water
treatment
resin
canisters.
These
wastes
include
only
those
wastes
generated
from
processes
subject
to
the
RCRA
F006
hazardous
waste
listing.
1
USFRS
and
its
generators
or
transporters
will
use
the
waste
code
XL001
when
the
wastes
are
at
the
generator
or
in
transport.
The
deferral
would
also
require
the
approved
generators
and
transporters
and
USFRS
to
comply
with
new
part
266,
subpart
N
in
lieu
of
40
CFR
parts
261±
265,
268,
270,
273
and
279.
If
the
approved
generator,
transporter
or
USFRS
fails
to
comply
with
the
new
requirements
then
it
will
have
violated
RCRA
and
may
be
subject
to
enforcement
action
for
such
violations.
Proposed
new
subpart
N
includes
specific
requirements
for
the
management
of
the
USFRS
XL
wastes
in
a
manner
which
ensures
protection
of
human
health
and
the
environment
while
providing
some
flexibility
to
encourage
chemical
reuse
and
waste
minimization.
They
are
enforceable
in
the
same
way
as
current
RCRA
standards
are
enforceable
to
ensure
that
handling
of
the
USFRS
XL
wastes
would
be
protective
of
human
health
and
the
environment.
EPA
has
agreed
to
provide
USFRS
and
approved
generators
and
transporters
with
this
regulatory
flexibility
to
determine
if
the
proposed
regulatory
approach
would
result
in
superior
environmental
performance
and
significant
cost
savings
to
USFRS
or
its
customers.
Today's
proposed
rulemaking,
and
the
state
actions
described
in
sections
V.
A
&
F
of
this
preamble,
will
not
in
any
way
affect
the
provisions
or
applicability
of
any
other
existing
or
future
regulations.
EPA
is
soliciting
comments
on
this
rulemaking.
EPA
will
publish
responses
to
comments
in
a
subsequent
final
rule.
The
USFRS
XL
Project
will
enter
the
implementation
phase
after
EPA
promulgates
the
final
federal
rule,
the
state
of
Minnesota
adopts
the
required
state
legal
mechanisms
and
the
participants
sign
the
FPA.
EPA,
MPCA,
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
and
Washington
in
Minnesota,
USFRS
and
the
approved
generators
and
transporters
will
sign
the
FPA.
At
the
present
time
USFRS
has
only
identified
itself
and
Pioneer
Transport
(a
potential
participating
transporter)
for
this
XL
Project.
USFRS
has
not
identified
any
generators
as
participants
in
this
XL
Project.
The
FPA
may
be
modified
at
any
time
during
this
XL
Project
to
add
generators
or
transporters
to
this
XL
Project.
A
generator
or
transporter
who
wants
to
participate
in
this
XL
Project
in
the
future
will
be
subject
to
specific
requirements
and
an
approval
process
described
below
prior
to
being
accepted
into
this
XL
Project.
Only
generators
and
transporters
who
have
met
the
approval
process
conditions
may
participate
in
this
XL
Project.
Consequently,
implementation
of
this
XL
Project
and
the
proposed
rules
will
occur
for
a
specific
generator
or
transporter
only
after
the
appropriate
state
and
federal
legal
mechanisms
are
in
place
and
the
generator
or
transporter
has
signed
the
FPA.

Outline
of
Today's
Document
The
information
presented
in
this
preamble
is
organized
as
follows:
IV.
Comparison
of
USFRS
XL
Project
with
Current
RCRA
Regulations
A.
XL
Waste
Defined
B.
Substitute
Requirements
1.
Waste
Identification
and
Characterization
2.
EPA
Identification
Numbers
3.
Uniform
Hazardous
Waste
Manifest
4.
Pre­
transport
and
Transportation
Requirements
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
2
These
counties
are
identified
signators
to
the
FPA
since
the
State
has
given
them
certain
responsibilities
over
hazardous
waste
generators,
transporters
and
facilities
within
their
jurisdiction.
5.
Accumulation
and
Storage
Prior
to
Shipment
6.
Reporting
and
Recordkeeping
Requirements
7.
Additional
Requirements
Imposed
on
USFRS
V.
How
the
USFRS
XL
Project
will
result
in
Superior
Environmental
Performance?

A.
What
Regulatory
Changes
will
be
Necessary
to
Implement
this
Project?
1.
Federal
Regulatory
Changes
2.
State
Regulatory
Changes
B.
Why
is
EPA
Supporting
this
New
Approach
to
USFRS
XL
Waste
Management?
C.
How
Have
Various
Stakeholders
Been
Involved
in
this
Project?
D.
How
Will
this
Project
Result
in
Cost
Savings
and
Paperwork
Reduction?
E.
How
Will
EPA
Ensure
the
Integrity
of
the
USFRS
XL
Project?
F.
How
Will
the
Terms
of
the
USFRS
XL
Project
and
Proposed
Rule
be
Enforced?
G.
How
Long
Will
this
Project
Last
and
When
Will
it
be
Completed?

VI.
Additional
Information
A.
How
to
Request
a
Public
Hearing
B.
How
Does
this
Rule
Comply
With
Executive
Order
12866?
C.
Is
a
Regulatory
Flexibility
Analysis
Required?
D.
Is
an
Information
Collection
Request
Required
for
this
Project
Under
the
Paperwork
Reduction
Act?
E.
Does
This
Project
Trigger
the
Requirements
of
the
Unfunded
Mandates
Reform
Act?
F.
Applicability
of
Proposed
Subpart
N
under
the
Minnesota
RCRA
Authorized
Hazardous
Waste
Program.
1.
Applicability
of
Rules
in
Authorized
States
2.
Effect
on
Minnesota
Authorization
G.
How
Does
this
Rule
Comply
with
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks?
H.
How
Does
this
Rule
Comply
with
Executive
Order
13132:
Federalism?
I.
How
Does
this
Rule
Comply
with
Executive
Order
13084:
Consultation
and
Coordination
with
Indian
Tribal
Governments?
J.
Does
this
Rule
Comply
with
the
National
Technology
Transfer
and
Advancement
Act?

I.
Authority
EPA
is
publishing
this
proposed
regulation
under
the
authority
of
sections
2002,
3001,
3002,
3003,
3006,
3010,
and
7004
of
the
Solid
Waste
Disposal
Act
of
1970,
as
amended
by
the
Resource
Conservation
and
Recovery
Act,
as
amended
(42
U.
S.
C.
6912,
6921,
6922,
6923,
6926,
6930,
and
6974).

II.
Overview
of
Project
XL
The
draft
FPA
sets
forth
the
intentions
of
EPA,
MPCA,
Pioneer
Transport,
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
and
Washington,
2
Minnesota
and
USFRS
with
regard
to
a
project
developed
under
Project
XL.
Project
XL
is
an
EPA
initiative
to
allow
regulated
entities
an
opportunity
to
achieve
better
environmental
results
at
less
cost.
EPA
announced
Project
XLÐ
``
eXcellence
and
Leadership''Ð
on
March
16,
1995.
It
is
a
central
part
of
the
National
Performance
Review
and
the
EPA's
effort
to
reinvent
environmental
protection.
See
60
FR
27282
(May
23,
1995).
Under
Project
XL
EPA
provides
a
limited
number
of
private
and
public
regulated
entities
an
opportunity
to
develop
their
own
pilot
projects
to
provide
regulatory
flexibility
that
will
result
in
environmental
protection
that
is
superior
to
what
would
be
achieved
through
compliance
with
current
and
reasonably
anticipated
future
regulations.
These
efforts
are
crucial
to
EPA's
ability
to
test
new
strategies
that
reduce
regulatory
burden
and
promote
economic
growth
while
achieving
better
environmental
and
public
health
protection.
EPA
intends
to
evaluate
the
results
of
this
and
other
Project
XL
projects
to
determine
which
specific
elements
of
the
project(
s),
if
any,
should
be
more
broadly
applied
to
other
regulated
entities
for
the
benefit
of
both
the
environment
and
the
economy.
Under
Project
XL,
participants
in
four
categoriesÐ
facilities,
industry
sectors,
governmental
agencies
and
communitiesÐ
are
offered
the
flexibility
to
develop
common
sense,
cost­
effective
strategies
that
will
replace
or
modify
specific
regulatory
requirements,
on
the
condition
that
they
produce
and
demonstrate
superior
environmental
performance.
The
XL
program
is
intended
to
allow
EPA
to
experiment
with
potentially
promising
regulatory
approaches,
both
to
assess
whether
they
provide
benefits
at
the
specific
facility
affected,
and
whether
they
should
be
considered
for
wider
application.
Such
pilot
projects
allow
EPA
to
proceed
more
quickly
than
would
be
possible
when
undertaking
changes
on
a
nationwide
basis.
Adoption
of
such
alternative
approaches
or
interpretations
in
the
context
of
a
given
XL
project
does
not,
however,
signal
EPA's
willingness
to
adopt
that
interpretation
as
a
general
matter,
or
even
in
the
context
of
other
XL
projects.
It
would
be
inconsistent
with
the
forward­
looking
nature
of
these
pilot
projects
to
adopt
such
innovative
approaches
prematurely
on
a
widespread
basis
without
first
determining
whether
or
not
they
are
viable
in
practice
and
successful
in
the
particular
projects
that
embody
them.
Furthermore,
as
EPA
indicated
in
announcing
the
XL
program,
EPA
expects
to
adopt
only
a
limited
number
of
carefully
selected
projects.
These
pilot
projects
are
not
intended
to
be
a
means
for
piecemeal
revision
of
entire
programs.
Depending
on
the
results
in
these
projects,
EPA
may
or
may
not
be
willing
to
consider
adopting
the
alternative
interpretation
again,
either
generally
or
for
other
specific
facilities.
EPA
believes
that
adopting
alternative
policy
approaches
and
interpretations,
on
a
limited,
site­
specific
basis
and
in
connection
with
a
carefully
selected
pilot
project,
is
consistent
with
the
expectations
of
Congress
about
EPA's
role
in
implementing
the
environmental
statutes
(provided
that
the
Agency
acts
within
the
discretion
allowed
by
the
statute).
Congress'
recognition
that
there
is
a
need
for
experimentation
and
research,
as
well
as
ongoing
reevaluation
of
environmental
programs,
is
reflected
in
a
variety
of
statutory
provisions,
such
as
section
8001
of
RCRA.

XL
Criteria
To
participate
in
Project
XL,
applicants
must
develop
alternative
pollution
reduction
strategies
pursuant
to
eight
criteria:
superior
environmental
performance;
cost
savings
and
paperwork
reduction;
local
stakeholder
involvement
and
support;
test
of
an
innovative
strategy;
transferability;
feasibility;
identification
of
monitoring,
reporting
and
evaluation
methods;
and
avoidance
of
shifting
risk
burden.
They
must
have
full
support
of
affected
federal,
state
and
tribal
agencies
to
be
selected.
For
more
information
about
the
XL
criteria,
readers
should
refer
to
the
two
descriptive
documents
published
in
the
Federal
Register
(60
FR
27282,
May
23,
1995
and
62
FR
19872,
April
23,
1997),
and
the
December
1,
1995
``
Principles
for
Development
of
Project
XL
Final
Project
Agreements''
document.
For
further
discussion
as
to
how
the
USFRS
XL
Project
addresses
the
XL
criteria,
readers
should
refer
to
the
USFRS
draft
FPA
available
from
the
EPA
RCRA
docket
or
Region
5
library
for
this
action
(see
ADDRESSES
section
of
today's
preamble).

XL
Program
Phases
Development
of
a
Project
has
four
basic
phases:
the
initial
pre­
proposal
phase
where
the
project
sponsor
comes
up
with
an
innovative
concept
that
it
would
like
EPA
to
consider
as
an
XL
pilot;
the
second
phase
where
the
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
project
sponsor
works
with
EPA
and
interested
stakeholders
in
developing
its
XL
proposal;
the
third
phase
where
EPA,
local
regulatory
agencies,
and
other
interested
stakeholders
review
the
XL
proposal;
and
the
fourth
phase
where
the
project
sponsor
works
with
EPA,
local
regulatory
agencies,
and
interested
stakeholders
in
developing
the
FPA
and
legal
mechanisms.
The
XL
pilot
proceeds
into
the
implementation
phase
and
evaluation
phase
after
promulgation
of
the
required
federal,
state
and
local
legal
mechanisms
and
after
the
designated
participants
sign
the
FPA.

Final
Project
Agreement
The
FPA
is
a
written
agreement
between
the
project
sponsor,
participants
and
regulatory
agencies.
The
FPA
contains
a
detailed
description
of
the
proposed
pilot
project.
It
addresses
the
eight
Project
XL
criteria,
and
the
expectation
of
EPA
that
this
XL
Project
will
meet
those
criteria.
The
FPA
identifies
performance
goals
and
indicators
(monitoring
schedules)
which
will
enable
USFRS
to
clearly
illustrate
the
baseline
quantities
and
compare
them
to
quantities
derived
after
implementation
of
the
pilot.
The
FPA
specifically
addresses
the
manner
in
which
the
project
is
expected
to
produce
superior
environmental
benefits.
The
FPA
also
discusses
the
administration
of
the
agreement,
including
dispute
resolution
and
termination.
The
draft
FPA
for
the
USFRS
XL
Project
is
available
for
review
in
the
docket
for
today's
action,
and
also
is
available
on
the
world
wide
web
at
http://
www.
epa.
gov/
projectxl/.

III.
Overview
of
the
USFRS
XL
Project
EPA
is
today
requesting
comments
on
the
draft
FPA
and
proposed
rule.
These
items
are
key
provisions
to
implement
the
USFRS
XL
Project.
Today's
proposed
rule
would
facilitate
implementation
of
the
draft
FPA
and
the
USFRS
XL
Project.
After
receiving
and
reviewing
comments
on
the
draft
FPA
and
proposed
rule
EPA
will
decide
whether
to
proceed
with
final
approval
of
the
USFRS
XL
Project.
If
EPA
decides
to
proceed
with
such
final
approval
then
EPA,
MPCA
,
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
and
Washington
in
Minnesota,
Pioneer
Transport
and
USFRS
will
sign
the
final
FPA.
Additionally,
EPA
will
finally
promulgate
the
rules
proposed
today.
The
regulatory
relief
provided
in
the
final
EPA
rules,
however,
will
not
be
federally
effective
in
Minnesota
until
the
state
has
made
changes
similar
changes
to
its
hazardous
waste
management
program
and,
as
necessary,
EPA
has
approved
of
those
changes
as
part
of
the
authorized
hazardous
waste
program.
See
section
V.
A
&
F
below
for
a
more
detailed
discussion
of
the
manner
in
which
the
state
may
make
such
changes
and
the
consequences
of
such
actions.

A.
Scope
of
the
USFRS
XL
Project
The
USFRS
XL
Project
is
limited
in
scope
to
USFRS
and
approved
generators
and
transporters
and
to
only
USFRS
XL
wastes
from
the
approved
generators.
EPA
and
MPCA
will
have
to
approve
of
any
generator
or
transporter
who
is
added
to
this
XL
Project.
If
the
generator's
principal
place
of
business
is
located
within
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
or
Washington,
Minnesota
then
the
approval
of
the
environmental
agencies
located
within
these
counties
is
also
required
(``
county
environmental
agencies''
or
``
county
agencies.
'')
EPA's
approval
will
focus
primarily
on
the
compliance
and
enforcement
history
of
the
generator
or
transporter.
In
addition
to
this
enforcement
screen,
USFRS
will
conduct
a
preliminary
evaluation
of
the
generator
or
transporter.
USFRS'
preliminary
evaluation
of
a
proposed
generator
will
ensure
that
the
proposed
generator
is
within
the
electroplating,
metal
working
and
circuit
board
manufacturing
industrial
sectors,
has
a
complete
USFRS
application
form
and
has
a
storage
area
which
meets
the
standards
specified
in
subpart
N.
USFRS
will
conduct
a
waste
analysis
to
determine
the
chemical
constituents
anticipated
in
a
potential
generator's
waste
stream
and
to
determine
such
wastes'
compatibility
with
USFRS'
resin
process
and
canisters.
If
a
company
passes
USFRS'
preliminary
evaluation,
USFRS
may
propose
to
EPA,
MPCA
and,
as
appropriate,
the
county
agencies
to
add
it
to
the
USFRS
XL
Project.
EPA,
MPCA,
and
as
appropriate,
the
county
agencies
must
approve
of
the
company
before
it
can
be
added
to
the
USFRS
XL
Project.
After
such
approvals
are
received,
USFRS
may
notify
the
company
of
its
acceptance.
At
that
time,
the
company
must
sign
the
FPA
and
a
certification
that
they
understand
the
training
which
USFRS
provided
on
the
proper
handling
of
the
USFRS
XL
waste.
USFRS
will
assign
a
unique
USFRS
Client
Number
to
the
company
and
will
also
assign
a
unique
USFRS
Waste
Profile
Number
to
the
waste
stream(
s)
that
contribute
to
the
company's
generation
of
the
resin
wastes.
USFRS'
preliminary
evaluation
of
a
proposed
transporter
will
consist
of
determining
whether
the
transporter
has
a
current
satisfactory
safety
rating
from
the
United
States
Department
of
Transportation
(USDOT),
an
EPA
hazardous
waste
identification
number,
and
a
Minnesota
Uniform
Hazardous
Materials
Registration
(Minnesota
registration).
USFRS
will
report
on
the
results
of
this
preliminary
evaluation
to
EPA,
MPCA
and,
as
appropriate,
the
County
Agencies.
USFRS
may
propose
a
transporter
who
is
not
a
licensed
hazardous
waste
carrier
or
does
not
have
an
EPA
identification
number.
USFRS
may
propose
to
EPA,
MPCA
and,
as
appropriate,
the
county
agencies
to
add
to
the
USFRS
XL
Project
any
transporter,
even
a
common
carrier,
who
has
a
current
satisfactory
rating
from
USDOT.
EPA,
MPCA,
and
as
appropriate,
the
county
agencies
must
approve
of
the
transporter
before
it
can
be
added
to
the
USFRS
XL
Project.
After
such
approvals
are
received,
USFRS
may
notify
the
transporter
of
its
acceptance.
At
that
time,
the
transporter
must
sign
the
FPA
and
certify
that
it
has
been
trained
by
USFRS
on
the
proper
handling
of
USFRS
XL
wastes
and
understands
its
responsibilities
under
new
part
266,
subpart
N.
The
procedures
for
obtaining
state
and
local
approval
of
a
transporter
or
generator
may
be
different
than
the
federal
procedures
outlined
above.
USFRS
must
obtain
the
approval
of
EPA
and
MPCA
in
all
instances
before
it
may
add
a
company
as
a
generator
or
transporter
to
the
USFRS
XL
Project.
For
potential
generators
and
transporters
whose
principal
place
of
business
is
located
in
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
or
Washington
Counties,
Minnesota.
USFRS
will
have
to
obtain
the
approval
of
the
appropriate
county
agencies.
In
all
instances
USFRS
will
have
to
complete
the
preliminary
evaluations
identified
above
prior
to
proposing
to
EPA,
MPCA
or
the
county
agencies
the
addition
of
a
company
to
the
USFRS
XL
Project.
The
federal
procedures
for
approving
a
company
as
a
participant
in
the
USFRS
XL
Project
as
a
generator
or
transporter
are
detailed
in
the
proposed
rule.
In
summary,
if
a
company
passes
USFRS'
preliminary
evaluation,
USFRS
will
notify
EPA
in
writing
of
its
desire
to
add
this
company
to
the
USFRS
XL
Project.
EPA
will
have
twenty
one
days
to
veto
such
company's
participation
in
the
USFRS
XL
Project.
EPA
anticipates
that
it
will
exercise
this
veto
authority
based
in
part
on
the
environmental
compliance
and
enforcement
history
of
the
company.
If
USFRS
does
not
receive
a
written
disapproval
from
EPA
within
the
twenty
one
days,
the
company
is
deemed
to
have
EPA
approval.

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Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
3
The
conditions
in
proposed
new
subpart
N
must
be
incorporated
into
USFRS'
hazardous
waste
permit
by
the
State
of
Minnesota.
This
must
be
accomplished
in
time
to
allow
USFRS
to
have
the
revised
permit
before
it
installs
the
resin
canisters
at
its
first
generator
approved
by
the
agencies.
USFRS
must
also
obtain
the
approval
of
the
MPCA
and
county
agency,
as
appropriate.
EPA
anticipates
that
USFRS
will
seek
the
approval
of
MPCA
and
the
appropriate
county
agency
at
the
same
time
that
it
seeks
EPA
approval.
MPCA
and
the
appropriate
county
agency
will
perform
a
compliance
and
enforcement
screen.
If
the
potential
generator
or
transporter
passes
this
screen,
MPCA
will
provide
written
notice
to
the
company
and
notify
it
of
its
duties
and
responsibilities.
After
USFRS
has
received
the
approval
of
EPA,
MPCA
and
the
appropriate
county
agency
it
may
proceed
with
the
next
step
in
the
federal
process
for
adding
a
generator
or
transporter
to
the
USFRS
XL
Project.
That
step
will
consist
of
USFRS
notifying
the
potential
generator
or
transporter
that
it
has
received
the
required
agency
approvals.
At
that
time,
USFRS
will
obtain
the
company's
signature
to
FPA
and
the
appropriate
certification.
Upon
request,
USFRS
will
forward
a
copy
of
the
signed
documents
to
EPA,
MPCA
and
the
appropriate
county
agency.
On
the
date
USFRS
receives
the
signed
FPA
and
certification,
the
potential
generator
or
transporter
is
considered
part
of
this
USFRS
XL
Project.
This
date
may
be
referred
to
as
the
generator
or
transporter
``
effective
date.
''
The
generator
or
transporter
must
handle
its
USFRS
XL
waste
generated
on
or
after
the
effective
date
in
accordance
with
the
requirements
of
part
266,
subpart
N.
The
generator
or
transporter
must
handle
USFRS
XL
waste
generated
prior
to
the
effective
date
according
to
the
RCRA
regulations
applicable
at
that
time.
Proposed
new
subpart
N
does
not
apply
retroactively
to
these
wastes.
The
transportation
of
USFRS
XL
waste
is
strictly
controlled
and
monitored
by
USFRS.
The
generator
must
contact
USFRS
whenever
it
has
a
shipment
for
pick­
up.
USFRS
in
turn
will
contact
an
approved
transporter
to
arrange
for
pick­
up
of
the
waste.
The
approved
transporters
will
be
the
sole
transporters
of
these
wastes.
USFRS
will
provide
the
generator
with
the
Transportation
Tracking
Document
prior
to
the
date
the
transporter
arrives
to
pick­
up
the
wastes.
The
generator
will
ensure
that
the
information
on
the
Transportation
Tracking
Document
is
correct.
The
generator
will
provide
the
Transportation
Tracking
Document
to
the
transporter.
The
transporter
will
then
carry
the
wastes
to
USFRS'
Roseville,
Minnesota
facility
for
treatment.
The
USFRS
Roseville
facility
will
handle
the
USFRS
XL
wastes
as
a
hazardous
waste
and
consistent
with
its
hazardous
waste
permit.
3
USFRS'
treatment
of
the
wastes
will
consist
of
treatment
to
regenerate
the
resins
and
make
them
amenable
for
reuse
in
another
canister.
USFRS
will
handle
any
residual
wastes
from
the
resin
regeneration
process
according
to
the
RCRA
hazardous
waste
code
designation
it
would
have
had
if
it
were
not
subject
to
the
XL001
designation
(i.
e.,
F006
and
any
other
appropriate
waste
codes).
USFRS
will
ensure
that
this
hazardous
waste
is
legitimately
recycled
through
metal
recovery.
This
XL
Project
is
limited
to
USFRS
water
treatment
resin
canisters
and
their
contents
after
use
by
a
generator.
The
wastes
include
the
resins,
the
wastes
contained
on
or
within
the
resins
and
any
other
wastes
contained
within
the
canisters.
The
wastes
include
only
those
wastes
which
are
generated
from
processes
subject
to
the
RCRA
F006
hazardous
waste
listing.

B.
What
Problems
Has
USFRS
Identified?
The
present
RCRA
regulatory
structure
may
act
as
a
disincentive
for
certain
manufacturers
to
reduce
their
consumption
of
potable
water.
In
particular,
electroplaters,
metal
finishers
and
other
similar
industries
use
large
volumes
of
water
to
wash
and
rinse
materials
during
the
manufacturing
process.
In
most
manufacturing
processes
today,
wash
and
rinse
water
is
used
once,
then
discarded.
This
``
singleuse
waste
water
is
usually
directed
to
an
on­
site
waste
water
treatment
plant
where
it
is
treated
to
levels
required
by
the
Clean
Water
Act
prior
to
discharge
to
a
POTW
or
surface
waters.
This
single­
use
of
water
is
very
wasteful.
A
great
amount
of
effort
and
cost
is
expended
to
produce
potable
water
for
this
single
use.
Additional
costs
are
incurred
in
treating
these
waste
waters
prior
to
discharge.
To
minimize
single
water
use
and
to
encourage
recycling
of
rinse
waters,
USFRS
has
developed
a
water
treatment
system
that
uses
a
resin.
The
resin
is
contained
within
a
cylindrical
canister
which
can
be
integrated
into
a
company's
existing
processes.
One
gallon
of
resin
can
treat
between
500
to
2,000
gallons
of
waste
waters.
The
regenerated
water
can
then
be
directed
back
to
the
manufacturing
process
and
reused.
This
reduces
the
amount
of
potable
water
that
is
needed
in
the
manufacturing
process.
The
resins
contained
within
the
canisters
can
be
regenerated
and
reused
at
USFRS'
Roseville,
Minnesota
facility.
This
regeneration
process
produces
a
regenerated
resin
and
residual
wastes
containing
metals,
such
as
copper,
nickel
and
zinc
(``
sludges'').
The
regenerated
resin
may
be
reused
again
in
water
treatment
systems.
The
residual
wastes
from
USFRS's
regeneration
process
may
be
recycled
to
recover
the
metals
contained
within
them.
As
part
of
this
XL
Project
USFRS
has
proposed
that
it
will
arrange
for
the
recycling
of
the
sludges
through
metal
reclamation.
USFRS
anticipates
that
this
recycling
will
be
done
by
another
company.
USFRS
projects
that
the
recycling
of
sludges
will
provide
another
environmental
benefit
since
it
will
result
in
less
wastes
being
landfilled.
Furthermore,
USFRS
suggests
that
the
metals
that
are
recovered
may
reduce
the
energy
and
environmental
impacts
from
mining
and
manufacturing
of
virgin
ores.
The
proposed
new
subpart
N
requires
USFRS
to
recycle
the
sludges
through
metal
reclamation.
It
also
requires
USFRS
to
have
its
recycling
in
place
prior
to
initiation
of
this
XL
Project.
Since
USFRS
does
not
recycle
these
sludges
itself
its
ability
to
implement
this
XL
Project
is
restricted
to
the
availability
of
legitimate
off­
site
recyclers
who
are
willing
to
accept
the
sludges.
USFRS
has
indicated
that
there
presently
are
not
many
companies
who
are
willing
or
able
to
do
such
recycling.
It
has
also
indicated
that
it
is
committed
to
finding
such
a
company
and
will
continue
to
explore
such
options.
This
XL
Project
may
provide
sufficient
environmental
benefit
without
the
sludge
reclamation
requirement.
The
benefits
may
derive
from
the
anticipated
increase
in
the
use
of
the
USFRS
resins
and
the
resultant
anticipated
reduction
in
the
use
of
potable
water
for
industrial
processes,
reduction
in
discharges
to
the
POTWs
and
reduction
in
the
use
of
chemicals
for
water
treatment.
Consequently,
EPA
may
modify
or
delete
the
sludge
reclamation
requirements
in
new
subpart
N
based
on
the
public
comments
and
information
submitted
during
that
period.
The
use
of
water
reuse
systems
such
as
USFRS's
ion
exchange
system
by
electroplaters,
metal
finishers
and
similar
industries
often
results
in
the
resins
and
canisters
being
considered
a
listed
hazardous
waste
(F006)
once
the
resins
have
been
spent
at
the
manufacturing
plant.
However,
these
resins
and
the
canisters
can
be
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
4
Unless
otherwise
specified,
the
discussion
that
follows
on
the
RCRA
requirements
focuses
on
the
requirements
for
large
quantity
generators.
The
USFRS
XL
Project
and
proposed
new
subpart
N,
however,
applies
to
all
generators,
regardless
of
the
quantity
of
waste
that
they
generate.
regenerated
at
USFRS'
Roseville,
Minnesota
facility.
Since
the
resins
and
the
canisters
may
be
a
RCRA
hazardous
waste,
the
manufacturer
incurs
additional
obligations
under
RCRA
that
it
would
not
necessarily
incur
if
it
had
not
implemented
the
water
reuse
system.
The
additional
regulatory
obligations
may
act
as
a
disincentive
to
a
company's
use
of
a
water
reuse
system
and
thus
increases
the
use
of
potable
water.

C.
What
Solutions
Are
Proposed
by
the
USFRS
XL
Project?

To
encourage
water
and
waste
reduction
and
recycling,
USFRS
proposes
that
the
canisters
and
resins
be
temporarily
deferred
from
the
RCRA
regulatory
requirements
contained
in
40
CFR
parts
261±
265,
268,
270,
273
and
279.
This
temporary
deferral
would
be
implemented
through
a
proposed
regulation
which
designates
these
wastes
by
a
waste
code
different
from
those
identified
in
40
CFR
part
261
while
the
waste
is
at
the
approved
generator
and
during
its
transport
to
USFRS.
This
deferral
is
premised
on
the
fulfillment
of
five
general
requirements.
First,
the
generator
would
handle
the
waste
in
accordance
with
specific
standards
required
by
the
proposed
rule.
Second,
the
waste
is
transported
only
to
USFRS'
Roseville,
Minnesota
facility
and
only
by
approved
transporters.
Third,
the
generators
and
transporters
are
limited
to
companies
located
in
Minnesota
who
pass
a
preliminary
evaluation
by
USFRS
and
are
approved
by
EPA,
MPCA
and
the
appropriate
county
agencies.
Fourth,
USFRS
handles
the
waste
according
to
the
waste
code
designation
it
would
have
had
but
for
this
proposed
rule
(i.
e.,
F006
and
any
other
appropriate
waste
code).
Finally,
USFRS
will
recycle,
through
metals
recovery,
any
metals
contained
in
these
wastes.
Presented
below
is
a
more
detailed
discussion
of
these
elements
of
the
proposed
rule
and
draft
FPA.

IV.
Comparison
of
USFRS
XL
Project
With
Current
RCRA
Regulations
A.
XL
Waste
Defined
A
definition
of
``
USFRS
XL
waste''
is
proposed
for
40
CFR
266.301.
``
USFRS
XL
waste''
consists
of
the
USFRS
used
water
treatment
resin
canisters
and
their
contents
from
approved
USFRS
generators
within
the
State
of
Minnesota.
The
USFRS
XL
wastes
include
the
ion
exchange
resins,
the
wastes
contained
on
or
within
the
ion
exchange
resins
and
any
other
wastes
contained
within
the
water
treatment
resin
canisters.
Spills
of
USFRS
XL
wastes
by
the
generator
or
transporter
are
considered
USFRS
XL
waste
provided
the
generator
or
transporter
handles
the
spill
in
accordance
with
the
spill
requirements
of
proposed
40
CFR
266.308(
e)
and
266.311.
The
USFRS
XL
wastes
are
limited
to
wastes
which
result
from
processes
which
would
be
subject
to
the
RCRA
F006
hazardous
waste
designation
at
the
point
of
generation
(i.
e.
waste
water
treatment
sludges
from
specified
electroplating
operations).
This
definition
of
USFRS
XL
wastes
includes
only
those
ion
exchange
resin
canisters
which
result
in
reuse
of
substantially
all
of
the
treated
waste
waters
in
the
industrial
process.
These
wastes
may
also
exhibit
a
characteristic
of
hazardous
waste
as
a
result
of
the
operations
of
a
particular
company.
This
definition
does
not
include
those
ion
exchange
resins
canisters
which
result
in
the
disposal
of
the
treated
waste
waters,
without
any
reuse
of
the
treated
waste
waters
in
the
industrial
process.
This
definition
does
not
include
wastes
that
were
generated
prior
to
the
date
a
generator
is
added
to
this
USFRS
XL
Project.
USFRS
XL
waste
while
at
an
approved
generator
and
during
transport
shall
be
identified
by
the
waste
code
XL001.
The
XL001
waste
designation
applies
only
to
USFRS
XL
wastes
generated
by
approved
USFRS
XL
waste
generators.
An
approved
USFRS
XL
waste
generator
is
a
company
located
in
Minnesota
who:
has
properly
identified
its
wastes
and
processes;
has
passed
a
preliminary
evaluation
by
USFRS;
has
not
been
excluded
by
EPA,
MPCA
and
appropriate
county
agencies;
has
received
notice
of
approval
from
USFRS;
and
has
signed
the
FPA,
and
a
certification
that
it
has
taken
and
understood
the
specific
training
required
by
subpart
N.
USFRS
will
assign
to
approved
generators
a
USFRS
Client
Number
and
USFRS
Waste
Profile
Number
for
USFRS
XL
wastes.

B.
Substitute
Requirements
The
RCRA
regulations
identify
specific
requirements
for
persons
who
generate,
transport,
treat,
store
or
dispose
of
hazardous
waste
(40
CFR
parts
261±
266,
268,
270,
273
and
279).
Generators
of
hazardous
waste
are
subject
to
different
requirements
depending
upon
the
quantity
and
type
of
hazardous
waste
that
they
generate
or
accumulate
in
a
calendar
month
(40
CFR
261.5,
262.10(
b)
and
262.34).
The
RCRA
regulations
also
have
specific
provisions
for
the
management
of
certain
recyclable
materials
(40
CFR
261.6).
USFRS
and
approved
generators
and
transporters
of
USFRS
XL
waste
must
comply
with
new
part
266,
subpart
N
instead
of
the
regulations
contained
in
40
CFR
261.5,
261.6(
a)(
1),
parts
262±
265,
268,
270,
273
and
279.
Additionally,
the
USFRS
XL
waste
generator
may
exclude
the
amount
of
USFRS
XL
waste
it
generates
when
it
is
determining
whether
it
is
subject
to
40
CFR
261.5
or
part
262.
Presented
below
is
a
summary
of
the
substitute
requirements
for
USFRS
and
the
approved
generators
and
transporters.
4
1.
Waste
Identification
and
Characterization
RCRA
Requirements.
Generators
of
hazardous
waste
are
required
to
properly
characterize
their
wastes
as
hazardous
waste,
(40
CFR
262.11).
For
listed
hazardous
waste
the
generator
must
determine
if
it
is
listed
in
subpart
D
of
40
CFR
part
261.
For
characteristic
hazardous
waste
the
generator
may
accomplish
this
characterization
either
by
testing
the
waste
or
applying
specific
knowledge
of
the
hazardous
characteristics
of
the
waste
considering
the
materials
or
the
processes
used.
XL
Project
Requirements.
USFRS
XL
waste
would
normally
be
considered
a
listed
hazardous
waste
(F006)
and,
depending
on
the
processes,
may
be
considered
a
characteristic
hazardous
waste.
In
order
to
determine
all
of
the
wastes
codes
appropriate
for
a
particular
waste
stream
it
would
be
necessary
for
a
generator
to
test
the
waste
or
have
specific
knowledge.
In
lieu
of
having
this
responsibility
fall
solely
on
the
generator,
this
XL
Project
proposes
that
USFRS
and
the
customer
will
share
certain
responsibilities.
Pursuant
to
§
266.306,
prior
to
being
accepted
into
this
XL
Project,
the
customer/
potential
generator
company
would
properly
identify
its
processes
and
chemicals
contributing
to
the
water
proposed
for
treatment
in
the
USFRS
resin
canisters.
It
may
only
identify
those
waste
streams
which
meet
the
F006
listing.
The
customer
will
accomplish
this
by
completing
and
submitting
to
USFRS
a
USFRS
XL
waste
application
form.
After
being
accepted
into
this
XL
Project,
the
customer
shall
provide
USFRS
with
prior
notification
of
any
changes
in
its
processes.
USFRS
will
perform
a
chemical
profile
analysis,
of
the
customer's
waste
stream(
s)
and
processes
contributing
to
the
water
treated
within
the
ion
exchange
resin
canisters.
USFRS
will
conduct
this
analysis
in
accordance
with
the
test
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Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
5
Persons
who
qualify
as
conditionally
exempt
small
quantity
generators
are
not
required
to
submit
a
notification
to
EPA
to
obtain
an
EPA
identification
number.
6
A
distinction
is
made
in
the
rules
between
an
approved
customer
and
an
approved
generator.
They
are
essentially
the
same
with
the
only
difference
being
that
a
customer
is
not
automatically
a
generator.
A
customer
becomes
a
generator
when
it
first
generates
or
causes
to
be
regulated
USFRS
XL
waste.
7
USFRS
will
also
have
a
list
of
the
approved
transporters,
see
proposed
§
266.319(
c).
8
A
substitute
for
the
manifest
is
allowed
for
certain
generators
of
small
quantities
of
hazardous
methods
identified
in
its
waste
analysis
plan
contained
in
its
RCRA
hazardous
waste
permit.
This
waste
stream
analysis
will
substitute
for
an
analysis
of
the
resins
after
use
in
the
canisters.
The
analysis
will
also
ensure
that
the
waste
waters
are
compatible
with
the
ion
exchange
resin
process
and
that
the
wastes
are
compatible
with
maintaining
the
integrity
of
the
canisters.
USFRS
will
conduct
the
waste
stream
analysis
once
for
each
customer
prior
to
accepting
a
customer
into
this
XL
Project.
Once
a
customer
is
accepted
into
the
XL
Project,
USFRS
will
repeat
the
analysis
whenever
a
customer
provides
it
with
notice
that
it
has
changed
its
processes
contributing
to
the
USFRS
XL
waste.
The
USFRS
XL
waste
designation
will
only
apply
to
those
water
treatment
resin
canisters
and
their
contents
for
processes
identified
by
the
customer,
evaluated
by
USFRS
and
approved
by
EPA,
MPCA
and
appropriate
county
agencies.

2.
EPA
Identification
Numbers
RCRA
Requirements.
Persons
who
generate,
transport,
treat,
store
or
dispose
of
hazardous
waste
must
obtain
an
EPA
identification
number,
(40
CFR
262.12
and
263.11).
5
Generators
and
transporters
receive
an
identification
number
by
completing
and
submitting
to
EPA
a
Notification
of
Hazardous
Waste
Activity
Form
(EPA
form
8700±
12).
The
notification
form
generally
requires
the
generator
or
transporter
to
identify
its
name,
address,
contact
person,
regulatory
status
(e.
g.,
large
quantity
generator,
small
quantity
generator,
transporter,
treatment,
storage
or
disposal
facility,
etc.).
For
a
generator,
the
type
and
estimated
quantity
of
hazardous
wastes
it
generates
also
must
be
identified.
Generally,
it
identifies
the
wastes
by
specific
EPA
wastes
codes
(``
D'',
``
F'',
``
K'',
``
P''
or
``
U'').
It
also
requires
the
generator
to
sign
the
form
and
certify
that
the
information
it
is
providing
is
true,
accurate
and
complete.
XL
Project
Requirements.
Some
of
the
USFRS
XL
waste
generators
and
transporters
may
have
an
EPA
identification
number
or
submitted
an
EPA
notification
form.
These
are
not
required
for
participation
in
this
XL
project.
Instead,
USFRS
XL
transporters
and
generators
will
be
given
a
unique
USFRS
XL
client
identification
number.
Additionally,
each
generator's
USFRS
XL
waste
will
be
given
a
unique
waste
profile
number.
This
XL
Project
has
the
biggest
potential
impact
on
the
number
of
generators
added
to
the
RCRA
universe.
Some
of
the
potential
generators
may
have
an
EPA
identification
number
due
to
other
hazardous
waste
activities
that
they
conduct.
USFRS
anticipates,
however,
that
a
large
number
of
new
generators
may
be
added.
These
generators
would
not
have
an
EPA
identification
number
except
for
their
participation
in
this
XL
Project.
USFRS
proposes
that
instead
of
requiring
these
generators
to
submit
a
notification
form
and
obtain
an
EPA
identification
number,
EPA
would
accept
the
USFRS
XL
waste
application
form
and
its
unique
customer
and
process
waste
stream
number.
The
procedures
for
adding
generators
and
transporters
to
this
XL
Project
are
contained
in
new
proposed
§§
266.302
and
266.303.
USFRS
will
require
all
potential
generators
to
complete
a
USFRS
XL
waste
application
form.
The
USFRS
XL
waste
application
form
will
contain
information
similar
to
that
required
on
the
Notification
Form,
except
that
it
will
identify
the
wastes
by
the
``
XL001''
designation
in
addition
to
the
EPA
waste
codes.
Additionally,
USFRS
will
assign
to
each
approved
generator
a
unique
client
number
instead
of
an
EPA
identification
number.
The
customer
will
use
this
number
whenever
it
generates
and
transports
off­
site
USFRS
XL
waste.
USFRS
will
also
assign
to
each
approved
waste
stream
from
the
customer
a
unique
number
known
as
a
waste
profile
number.
After
receiving
the
approval
of
EPA,
MPCA
and
appropriate
county
agencies,
USFRS
will
provide
its
customer
with
an
approval
letter.
Pursuant
to
new
proposed
§
266.319(
c),
USFRS
will
maintain
a
list
of
the
approved
customers
and
generators
6
.
USFRS
will
include
on
that
list
the
customer
name,
the
USFRS
client
and
waste
profile
numbers,
a
summary
of
the
results
of
the
USFRS
profile
analysis
and
the
process
waste
streams
approved
for
participation
in
the
XL
Project.
USFRS
will
have
that
list
available
at
its
Roseville,
Minnesota
facility
and
will
provide
that
list
to
EPA
and
MPCA
on
a
quarterly
basis
7
.
If
any
of
the
customer
information
is
claimed
as
confidential
business
information
or
trade
secrets
USFRS
will
indicate
that
fact
and
notify
EPA
and
MPCA.
EPA
will
treat
such
material
in
accordance
with
40
CFR
part
2.
EPA
believes
that
USFRS'
proposed
system
for
notifying
and
tracking
USFRS
XL
waste
transporters,
customers
and
generators
is
an
acceptable
replacement
for
the
EPA
notification
and
identification
number
requirements
otherwise
imposed
upon
hazardous
waste
generators
under
40
CFR
part
262.
Additionally,
EPA
believes
that
this
method
may
allow
for
better
tracking
of
the
progress
and
benefits
associated
with
this
XL
Project
since
generators
and
their
waste
streams
will
be
identified
by
unique
codes
instead
of
the
generic
site­
wide
EPA
identification
number.
From
an
administrative
perspective
it
may
be
better
for
all
USFRS
XL
waste
not
to
have
a
unique
EPA
identification
number
since
a
large
percentage
of
these
generators
may
have
the
need
for
such
number
only
because
of
their
participation
in
this
XL
Project.
Once
their
participation
ends
so
too
would
the
need
for
the
EPA
identification
number.
This
in
and
of
itself
is
not
a
justification
to
replace
the
notification
and
EPA
identification
requirements.
However,
since
USFRS
will
track
the
shipments
of
USFRS
XL
waste
according
to
the
unique
USFRS
customer
and
waste
stream
number
and
will
provide
EPA
with
a
list
of
those
customers
EPA
is
receiving
the
same
information
without
adding
companies
to
the
RCRA
data
base.
Additionally,
the
USFRS
tracking
may
be
an
improvement
on
the
present
hazardous
waste
tracking
system
since
that
system
does
not
track
the
source
of
the
waste
streams.
Finally,
since
this
XL
Project
is
limited
in
time
and
a
participant
may
revert
to
a
nonregulatory
status
once
it
quits
this
XL
Project
EPA
believes
that
allowing
a
substitute
to
the
notification
and
EPA
identification
number
would
be
acceptable
and
may
save
the
Agency
resources.

3.
Uniform
Hazardous
Waste
Manifest
RCRA
Requirements.
The
Uniform
Hazardous
Waste
Manifest
(``
manifest'')
is
used
to
track
hazardous
waste
from
its
point
of
generation
to
its
destination,
often
referred
to
as
the
``
designated
facility.
''
Generally,
hazardous
waste
generators
must
use
the
manifest
when
hazardous
waste
is
transported
offsite,
(40
CFR
262.20(
a)).
8
Instructions
for
the
manifest
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/
Vol.
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No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
waste,
see
40
CFR
262.20(
e)
and
a
manifest
is
not
required
for
conditionally
exempt
small
quantity
generators,
see
40
CFR
261.5.
9
Proposed
§
266.310(
a)
requires
USFRS
to
provide
the
Transportation
Tracking
Document
to
the
generator
prior
to
the
arrival
of
the
transporter
at
the
generator.
Although
a
specific
number
of
days
in
advance
is
not
specified
in
the
rule
it
is
expected
that
USFRS
will
provide
the
Transportation
Tracking
Document
with
enough
time
for
the
generator
to
review
the
document
to
ensure
it
is
accurate
and
can
make
any
necessary
revisions.
USFRS
anticipates
that
it
will
usually
provide
the
Transportation
Tracking
Document
within
3
days
of
receiving
a
request
from
the
generator
to
pick­
up
its
USFRS
XL
waste.
require
that
the
generator
provide
information
about
the
wastes'
handlers
including
the
name
of
the
transporter
and
the
designated
facility,
and
a
description
of
the
hazardous
waste
being
transported.
The
generator
must
sign
the
manifest
certifying
that
a
waste
minimization
program
is
in
place,
and
that
the
waste
is
properly
packaged,
marked,
labeled
and
placarded.
Each
time
a
waste
is
transferred
(e.
g.,
from
one
transporter
to
another,
or
from
a
transporter
to
the
designated
facility),
the
manifest
must
be
signed
to
acknowledge
receipt
of
the
waste.
A
copy
of
the
manifest
is
retained
by
each
individual
in
the
transportation
chain.
Once
the
waste
is
delivered
to
the
designated
facility,
the
owner
or
operator
of
that
facility
must
sign
and
return
a
copy
of
the
manifest
to
the
generator.
The
generator
must
submit
an
exception
report
to
the
EPA
Regional
Administrator
if
he
or
she
still
has
not
received
the
manifest
after
specified
time
periods
(45
days
for
large
quantity
generators,
and
60
days
for
small
quantity
generators).
The
generator,
transporter,
and
the
designated
facility
must
each
keep
copies
of
the
manifest
for
three
years.
Generators
are
also
prohibited
from
offering
hazardous
waste
to
transporters
or
treatment,
storage
or
disposal
facilities
that
do
not
have
an
EPA
ID
number.
XL
Project
Requirements.
USFRS
will
ensure
that
USFRS
XL
waste
reaches
its
destination
by
applying
strict
transportation
routing
and
tracking
requirements
to
the
transportation
of
USFRS
XL
waste
from
generators,
its
use
select
approved
transporters
and
the
use
of
a
USFRS
Transportation
Tracking
Document.
Proposed
subpart
N
accomplishes
this
by
directly
imposing
these
requirements
on
USFRS
and
its
generators
and
transporters
(proposed
§
266.310).
The
requirements
are
summarized
below.
USFRS
will
control
the
transportation
and
routing
of
the
USFRS
XL
wastes
from
a
generator
and
its
transporters.
All
USFRS
XL
waste
generators
must
use
a
USFRS
XL
waste
approved
transporter
to
transport
the
USFRS
XL
waste.
The
USFRS
XL
waste
must
be
sent
to
USFRS'
Roseville,
Minnesota
facility.
The
generator
must
contact
USFRS
when
it
wants
to
transport
its
USFRS
XL
waste.
USFRS's
Roseville
facility
has
a
dedicated
shipping
department.
That
department
will
arrange
with
a
USFRS
XL
waste
approved
transporter
to
pickup
the
generator's
USFRS
XL
waste
within
30
days
of
receipt
of
the
generator's
request.
USFRS'
shipping
department
will
complete
the
USFRS
Transportation
Tracking
Document
and
provide
it
to
the
generator
with
a
copy
to
USFRS's
lab.
USFRS
will
include
on
the
Transportation
Tracking
Document
information
required
by
these
new
rules.
USFRS
will
provide
the
generator
with
the
Transportation
Tracking
Document
prior
to
the
transporter
arriving
at
the
generator's
site
to
pick
up
the
waste.
9
USFRS's
transporters
must
transport
the
USFRS
XL
waste
to
USFRS's
Roseville,
Minnesota
facility
within
30
days
of
USFRS's
contacting
the
transporter
to
collect
the
USFRS
XL
waste
from
the
generator.
USFRS's
lab
will
track
the
receipt
of
the
USFRS
XL
waste
identified
on
the
Transportation
Tracking
Document.
The
proposed
rules
require
the
USFRS
XL
waste
to
be
transported
to
the
USFRS
Roseville,
Minnesota
facility
within
30
days
of
its
pick­
up.
USFRS
has
indicated
that
this
30
days
may
be
necessary
to
facilitate
scheduling
shipments
of
XL
waste
in
an
efficient
manner.
A
USFRS
transporter
may
store
or
arrange
to
store
a
shipment
of
USFRS
XL
waste
during
that
30
day
period,
provided
however,
it
may
only
do
so
for
a
10
day
or
less
period
without
triggering
the
facility
requirements
in
sections
264,
265,
268
and
270
of
RCRA.
This
10
day
limitation
on
the
storage
of
USFRS
XL
waste
by
the
transporter
mirrors
the
limitations
on
storage
by
transfer
facilities
contained
in
section
263.12.
If
the
shipment
is
not
received
by
USFRS
within
30
days
of
the
USFRS
transporter
picking
it
up
at
the
USFRS
generator,
USFRS
will
contact
the
transporter
to
determine
the
disposition
of
the
load.
If
USFRS
does
not
receive
the
shipment
within
5
days
of
its
scheduled
arrival
date,
it
will
notify
EPA,
MPCA
and
appropriate
county
agencies.
USFRS
will
send
copy
of
the
Transportation
Tracking
Document
to
the
USFRS
generator
within
5
days
of
USFRS'
receipt
of
the
XL001
waste
from
the
transporter.
USFRS
will
use
its
own
trucks
or
those
of
approved
transporters
to
transport
USFRS
XL
waste
to
USFRS's
Roseville
facility.
USFRS
has
a
strict
program
in
place
for
selection
of
qualified
transporters.
USFRS
contracts
only
with
transporters
who
have
met
USFRS
quality
control
requirements.
USFRS
requires
its
transporters
to
have
an
EPA
identification
number
and
a
current
satisfactory
rating
from
the
USDOT.
This
rating
is
the
highest
rating
available
and
includes
an
assessment
of
the
safety
record
of
the
transporter
and
its
drivers
and
the
condition
of
the
trucks.
Additionally,
USFRS
requires
its
USFRS
XL
waste
transporters
to
have
a
Minnesota
registration
to
transport
hazardous
waste.
Proposed
§
266.303(
c)
and
(d)
incorporates
these
USFRS
requirements
as
part
of
the
preliminary
evaluation
that
USFRS
must
conduct
prior
to
proposing
a
transporter
to
USEPA.
The
proposed
rules
allow
USFRS
to
propose
any
transporter,
including
common
carriers,
as
a
participant.
However,
the
transporter
must
be
approved
by
USEPA
prior
to
being
accepted
,
must
have
a
satisfactory
USDOT
safety
rating
and
must
complete
training
on
the
proper
handling
of
the
USFRS
XL
waste
and
compliance
with
subpart
N.
USFRS
will
assign
to
each
transporter
a
unique
USFRS
client
identification
number.
This
number
will
be
used
on
the
Transportation
Tracking
Document.
In
lieu
of
the
manifest,
USFRS,
its
transporters
and
generators
will
use
a
USFRS
Transportation
Tracking
Document
when
transporting
the
USFRS
XL
waste
from
the
generator
to
USFRS's
Roseville
facility.
USFRS
has
provided
EPA
with
a
draft
Transportation
Tracking
Document
for
use
with
this
XL
Project.
The
draft
Transportation
Tracking
Document
contains
information
similar
to
the
information
contained
on
the
manifest.
Instead
of
an
EPA
identification
number
the
generator
will
use
its
USFRS
client
and
waste
profile
numbers
and
the
XL001
code
to
identify
the
USFRS
XL
wastes
it
is
shipping.
The
transporter
will
also
use
its
unique
client
identification
number.
The
Transportation
Tracking
Document
does
not
contain
the
waste
minimization
statement
normally
found
on
the
manifest.
The
Agency
believes
that
such
a
statement
is
not
needed
since
the
participants
to
this
XL
project
have
already
committed
to
waste
minimization,
and
therefore
will
be
minimizing
the
water
used
and
potentially
other
chemicals.
Furthermore,
as
signatories
to
the
FPA
participants
are
certifying
their
intent
to
reduce
the
amount
of
waste
that
would
be
disposed.
Proposed
§
266.310
and
the
definition
of
the
USFRS
XL
Waste
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
10
The
USDOT
regulations
have
increased
the
size
of
the
containers
from
110
gallons
to
119
gallons.
EPA's
regulations
presently
retain
the
110
gallon
size.
11
Similar
requirements
apply
to
hazardous
waste
stored
in
tanks
(40
CFR
262.34(
a)(
1)(
ii)),
stored
on
drip
pads
(40
CFR
262.34(
a)(
1)(
iii)),
and/
or
placed
in
containment
buildings
(40
CFR
262.34(
a)(
1)(
iv).
Transportation
Tracking
Document
contained
in
proposed
§
266.301
requires
that
USFRS
obtain
EPA
approval
of
the
Transportation
Tracking
Document
prior
to
using
the
Transportation
Tracking
Document
and
whenever
it
proposes
to
revise
it.
EPA
proposes
to
approve
the
draft
Transportation
Tracking
Document
provided
by
USFRS.
Pursuant
to
proposed
§§
266.319(
d),
320
and
321
USFRS,
the
transporter
and
the
generator(
s)
will
retain
a
copy
of
the
Transportation
Tracking
Document
for
three
years
for
each
shipment
of
XL
wastes
that
it
receives
at
its
Roseville,
Minnesota
facility.
This
project
shifts
the
burden
of
tracking
the
shipments
from
the
generator
to
USFRS.
Consequently,
pursuant
to
proposed
§
266.310(
a),
USFRS,
not
the
generator,
will
assume
responsibility
for
any
exception
reports.
With
this
XL
Project
the
generator
must
use
USFRS
or
one
of
its
approved
transporters
to
transport
the
XL
wastes.
USFRS
will
track
the
receipt
of
the
shipments
at
its
Roseville,
Minnesota
facility.
Since
USFRS
will
only
use
approved
transporters
and
it
completes
and
tracks
each
generator
Transportation
Tracking
Document,
USFRS
will
know
of
any
shipment
that
is
not
received
at
its
Roseville
facility.
USFRS
will
use
a
shorter
time
periodÐ
five
daysÐ
to
gauge
whether
it
is
necessary
to
take
further
steps
to
locate
a
shipment.
If
USFRS
is
unable
to
locate
the
shipment
within
five
days
it
will
then
notify
EPA,
MPCA
and
appropriate
county
agencies
of
that
fact.
This
XL
Project
is
more
stringent
than
RCRA
since
it
requires
a
preliminary
evaluation
of
the
transporters,
directs
the
shipments
to
only
one
facility;
and
requires
notice
of
lost
shipments
at
an
earlier
time.

4.
Pre­
Transport
and
Transportation
Requirements
RCRA
Requirements.
RCRA
establishes
pre­
transportation
and
transportation
requirements
for
generators
and
transporters
of
hazardous
waste.
The
generator
must
properly
package
(40
CFR
262.30),
label
(40
CFR
262.31),
mark
(40
CFR
262.32)
and
placard
(40
CFR
262.33)
hazardous
waste.
These
rules
incorporate
by
reference
the
requirements
for
packing,
labeling,
marking
and
placarding
contained
in
the
US
DOT
regulations
for
transportation
of
hazardous
materials
found
at
49
CFR
parts
172,
173,
178,
and
179.
Generators
must
also
mark
containers
of
110
gallons
10
or
less
of
hazardous
waste
as
follows
(40
CFR
262.32(
b)):

``
HAZARDOUS
WASTEÐ
Federal
Law
Prohibits
Improper
Disposal.
If
found,
contact
the
nearest
police
or
public
safety
authority
or
the
U.
S.
EPA.
Generator's
Name
and
Address
llllll
Manifest
Document
Number''
lllllll
The
transporter
of
hazardous
waste
must
have
an
EPA
identification
number,
(40
CFR
263.11);
accept
hazardous
waste
only
with
an
accompanying
manifest,
sign
and
retain
a
copy
of
the
manifest,
and
ensure
the
manifest
accompanies
the
shipment
of
hazardous
waste,
(40
CFR
263.20);
and
ship
the
hazardous
waste
to
the
designated
facility
or
next
designated
transporter,
(40
CFR
263.21).
Additionally,
if
a
spill
occurs
during
the
shipment
of
the
hazardous
waste,
then
the
transporter
must
take
appropriate
immediate
action
to
protect
human
health
and
the
environment,
clean
up
the
release
and
notify
the
National
Response
Center
and
the
Department
of
Transportation
when
required,
(40
CFR
263.30
and
31).
XL
Project
Requirements.
Under
this
XL
Project,
USFRS
or
an
approved
USFRS
transporter
will
transport
the
USFRS
XL
wastes
from
the
generator
to
the
USFRS
Roseville,
Minnesota
facility.
USFRS
has
an
EPA
identification
number
and
a
hazardous
waste
permit.
USFRS
approved
transporters
will
have
a
current
satisfactory
safety
rating
from
USDOT
and
a
unique
USFRS
customer
identification.
All
transporters
will
use
the
USFRS
Transportation
Tracking
Document.
Pursuant
to
proposed
§§
266.308(
c)
and
309
the
transporters
and
generators
will
ensure
the
USFRS
XL
wastes
have
affixed
to
the
ion
exchange
resin
canisters
the
following
warning
statement
which
will
be
provided
by
USFRS:

XL001
wastesÐ
USFRS
ion
exchange
resin
canister
wastes­
Federal
Law
Prohibits
Improper
Disposal.
This
is
USFRS
XL
waste
from
(insert
XL
waste
generator's
name).
Handle
as
a
hazardous
waste
and
ship
only
to
USFRS
located
at
2430
Rose
Place,
Roseville,
MN.
This
waste
was
placed
in
this
container
on
(date)
and
placed
in
storage
at
(insert
USFRS
XL
waste
generator's
name)
on
(insert
date).
If
found,
contact
USFRS
and
the
nearest
police,
public
safety
authority,
EPA
or
MPCA.
The
USFRS
telephone
number
is
(insert
phone
number).
USFRS
Transportation
Tracking
Document
Number
llllll
''If
spilled
immediately
contain
the
spill
and
prevent
it
from
going
into
any
water
body;
collect
the
spilled
material
and
place
in
a
55
gallon
steel
drum;
contact
USFRS
and
the
nearest
police,
public
safety
authority,
EPA
or
MPCA.
USFRS
will
supply
these
labels
to
the
generator
at
the
same
time
as
it
provides
the
generator
with
the
USFRS
Transportation
Tracking
Document.
The
transporters
will
ensure
that
these
labels
are
affixed
to
the
containers
during
transport
and
that
the
XL
wastes
are
within
an
approved
container.

5.
Accumulation
and
Storage
Prior
to
Shipment
RCRA
Requirements.
Generators
of
hazardous
waste
are
allowed
to
accumulate
hazardous
waste
on
their
property
from
between
90
to
270
days,
depending
on
the
quantity
of
wastes,
(40
CFR
262.34).
The
generators
may
accumulate
the
hazardous
waste
in
containers,
tanks,
drip
pads
or
containment
buildings,
provided
each
of
these
units
meets
specific
requirements
for
the
safe
storage
of
hazardous
wastes,
(40
CFR
262.34).
Generally,
these
``
safe
storage''
standards
are
grouped
into
four
broad
categories
of
requirements:
Use
and
Management
of
Containers,
Preparedness
and
Prevention,
Contingency
Plan
and
Emergency
Procedures
and
Personnel
Training.
The
container
management
standards
require
the
generator
to
store
the
hazardous
waste
in
containers
which
are
in
good
condition,
compatible
with
their
contents
and
closed
during
storage
(40
CFR
262.34(
a)(
1)(
i)
and
265.171,
172
and
173).
The
generator
must
meet
special
requirements
for
ignitable,
reactive
or
incompatible
wastes
(40
CFR
262.34(
a)(
1)(
i)
and
265.176
and
177).
The
generator
is
required
to
inspect
the
condition
of
the
containers
on
a
weekly
basis
(40
CFR
262.34(
a)(
1)(
i)
and
265.174).
The
generator
must
also
control
volatile
emissions
from
the
containers
(40
CFR
262.34(
a)(
1)(
i)
and
265.178).
If
the
generator
uses
process
vents
or
there
is
the
possibility
of
air
emissions
from
the
containers,
then
the
generator
must
comply
with
applicable
special
requirements
contained
in
part
265,
subparts
AA,
BB
and
CC
11
.
The
preparedness
and
prevention
standards
require
the
generator
to
maintain
and
operate
the
storage
area
so
as
to
minimize
the
possibility
of
fire,
explosion
or
any
unplanned
sudden
or
non­
sudden
release
of
the
hazardous
waste
(40
CFR
262.34(
a)(
4)
and
265.31);
to
have,
where
necessary,
certain
equipment
such
as
communication
devices
to
notify
facility
personnel
and
local
emergency
responders
of
emergencies,
fire
extinguishers
and
an
adequate
supply
of
water
or
foam
(40
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
12
Small
quantity
generators
are
required
to
implement
a
modified
contingency
plan,
40
CFR
262.34(
d)(
5)(
i).
13
Small
quantity
generators
accumulating
waste
must
comply
with
the
emergency
procedures
found
at
40
CFR
262.34(
d)(
5)(
iv)
14
Small
quantity
generators
must
conduct
personnel
training,
40
CFR
262.34(
d)(
5)(
iii).
CFR
262.34(
a)(
4)
and
265.32);
to
routinely
test
and
maintain
such
equipment
(40
CFR
262.34(
a)(
4)
and
265.33);
to
have
such
equipment
accessible
to
facility
personnel
(40
CFR
262.34(
a)(
4)
and
265.34);
to
have
adequate
aisle
space
to
allow
for
access
in
the
case
of
fire
or
spills
(40
CFR
262.34(
a)(
4)
and
265.35);
to
make
arrangements
with
local
emergency
response
authorities
(e.
g.,
police,
fire
and
hospitals),
as
necessary,
to
familiarize
them
with
the
hazards
posed
by
the
hazardous
wastes
(40
CFR
262.34(
a)(
4)
and
265.37);
and
to
have
a
contingency
plan
designed
to
minimize
the
hazards
from
the
fire,
explosion
or
unplanned
sudden
or
non­
sudden
release
of
hazardous
waste
(40
CFR
262.
34(
a)(
4)
and
265.51)
12
.
The
Contingency
Plan
and
Emergency
Procedures
standards
require
the
contingency
plan
to
include:
the
actions
facility
personnel
would
take;
the
arrangements
made
with
local
emergency
responders;
the
name,
address
and
telephone
number
of
the
generator's
emergency
coordinator;
a
list
of
the
emergency
equipment
and
an
evacuation
plan,
(40
CFR
262.34(
a)(
4)
and
265.52).
The
generator
must
have
an
emergency
coordinator
available
or
on
call
at
all
times,
(40
CFR
262.34(
a)(
4)
and
265.55).
In
the
case
of
an
imminent
or
actual
emergency,
the
emergency
coordinator
must
undertake
certain
emergency
procedures.
Those
procedures
require
the
emergency
coordinator
to
activate
internal
alarms;
notify
appropriate
state
or
local
emergency
responders;
assess
the
nature,
rate
and
extent
of
any
release;
take
actions
to
ensure
the
releases
do
not
occur,
recur
or
spread;
monitor
for
leaks;
provide
for
proper
treatment
or
disposal
of
the
released
hazardous
wastes;
segregate
incompatible
wastes;
and
notify
EPA
and
the
state
of
the
emergency,
(40
CFR
262.34(
a)(
4)
and
265.56)
13
.
The
Personnel
Training
standards
require
the
generator
to
have
adequately
trained
personnel
to
handle
the
hazardous
wastes,
to
comply
with
the
requirements
of
RCRA,
and
to
appropriately
respond
to
emergencies
(§§
262.34(
a)(
4)
and
265.16
(a)
and
(b)).
The
generator
must
retain
records
of
who
has
been
trained,
their
job
title
and
job
description,
and
a
description
of
the
training
they
have
taken
(§§
262.34(
a)(
4)
and
265.16(
d)).
The
generator's
hazardous
waste
personnel
must
annually
review
their
training
(§§
262.34(
a)(
4)
and
265.16(
c))
14
.
XL
Project
Requirements.
The
USFRS
XL
wastes
are
contained
within
the
resin
canisters.
These
canisters
are
sealed
units.
The
canisters
have
an
inlet
and
outlet
port.
These
ports
may
be
sealed
once
the
canisters
are
disconnected
from
the
generator's
processes.
The
canisters
are
leak
proof,
and
able
to
withstand
certain
temperatures
and
certain
height
drops.
The
wastes
contained
in
the
canisters
will
consist
of
the
spent
resins
and
wastes
accumulated
on
them.
The
hazardous
wastes
found
on
the
resins
will
be
metals.
USFRS
does
not
anticipate
the
canisters
will
have
any
volatile
chemicals
in
them.
The
resins
and
wastes
will
be
neither
combustible,
reactive
nor
explosive.
They
are
compatible
with
the
cylindrical
canisters.
The
resins
are
tiny
pellets
with
the
metals
adhering
to
them
via
chemical
attraction.
The
metals
may
not
be
physically
capable
of
separation
unless
they
come
into
contact
with
acids
or
caustic
chemicals.
Given
the
nature
of
the
USFRS
XL
waste,
this
XL
Project's
accumulation
and
storage
standards
focus
on
proper
training,
use
and
management
of
the
containers
and
prevention
of
exposure.
It
imposes
more
stringent
use
and
management
standards.
In
exchange
for
this
increased
stringency
it
tailors
and
reduces
the
training,
preparedness
and
prevention
and
contingency
plan
requirements
normally
found
in
RCRA
to
just
the
specific
needs
presented
by
handling
of
the
USFRS
XL
waste.
The
accumulation
and
storage
requirements
are
contained
in
proposed
§
266.308.
The
proposed
rule
requires
the
generator
to
store
its
USFRS
XL
waste
on
an
impervious
surface.
Pursuant
to
§
266.302(
c),
prior
to
accepting
a
customer
into
this
XL
Project,
USFRS
will
obtain
from
its
customers
the
waste
application
form.
This
form
will
provide
information
on
the
location
and
condition
of
the
proposed
storage
area.
This
information
will
be
supplied
on
a
site
engineering
form
which
USFRS
developed
and
submitted
as
part
of
the
waste
application
form.
The
generator
will
indicate
on
the
site
engineering
form
the
location
and
construction
of
the
storage
area
for
the
canisters.
Prior
to
accepting
a
generator
into
this
XL
Project,
USFRS
will
review
the
site
engineering
form
and
inspect
the
potential
generator's
storage
area
to
determine
if
it
is
impervious.
USFRS
will
only
propose
to
EPA
for
this
XL
Project
persons
who,
among
other
things,
have
an
impervious
storage
area.
Upon
request,
USFRS
will
provide
a
copy
of
the
customer's
site
engineering
form
and
the
results
of
USFRS'
evaluation
of
the
customer
to
EPA,
MPCA
and
appropriate
county
agencies.
The
proposed
rule
limits
the
generator
to
less
than
90
days
for
the
on­
site
storage
of
its
USFRS
XL
waste.
The
generator
must
store
the
USFRS
XL
wastes
in
the
water
treatment
resin
canisters
and
separately
from
its
other
wastes
or
materials,
including
explosive
or
ignitable
wastes
or
materials.
The
generator
will
ensure
that
the
canisters
are
closed
and
disconnected
from
the
process(
es).
It
will
place
on
the
canisters
a
label
which
indicates
its
name
and
location,
contents
of
the
canister
and
the
date
the
canister
was
placed
in
storage.
The
generator
will
ensure
that
there
is
adequate
aisle
space
to
determine
the
condition
of
the
canisters
and
to
respond
to
any
leaks
from
the
canisters
during
their
storage.
The
generator
will
inspect
the
condition
of
the
canisters
weekly
while
they
are
stored
on­
site.
The
generator
will
maintain
a
log
of
these
inspections.
The
log
will
indicate
the
date
the
canister
was
placed
in
storage,
the
condition
of
the
canister,
the
date
of
the
inspection,
the
person
conducting
the
inspection
and
the
condition
of
the
canisters
and
the
storage
area
at
the
time
of
the
inspection.
Pursuant
to
proposed
§
266.313,
the
generator
will
retain
the
ability
to
legally
treat
or
dispose
of
its
wastes
contributing
to
its
USFRS
XL
waste
stream
in
the
event
that
it
is
no
longer
a
participant
in
this
XL
Project.
In
most
cases
this
will
mean
that
the
generator
would
have
to
make
arrangements
with
its
local
POTW
whereby
the
POTW
would
agree
to
take
the
generators'
wastewater
on
60
days
notice.
The
POTW
serving
the
Counties
of
Anoka,
Hennepin,
Ramsey,
Washington,
Dakota,
Carver
and
Scott,
known
as
the
Metropolitan
Council
of
Environmental
Services
(MCES)
has
advised
EPA
that
it
will
be
able
to
accept
the
wastewater
of
those
generators
who
participate
in
this
XL
Project
in
its
district
on
60
days
notice.
Generators
will
comply
with
tailored
closure
requirements
of
proposed
§
266.312.
If
and
when
a
generator's
participation
is
terminated
in
this
XL
Project,
USFRS
will
pick
up
all
of
the
generator's
canisters.
Generally,
proposed
§
266.315
provides
USFRS
and
the
generator
sixty
days
to
complete
the
closure
activities
required
by
proposed
§
266.312.
USFRS
will
collect
the
generator's
USFRS
XL
waste
within
thirty
days
of
notice
of
the
customer's
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
discontinuance
in
the
program.
The
generator
will
remove
from
the
storage
area
any
USFRS
XL
wastes
and
clean
any
related
contamination.
The
generator
will
retain
records
of
all
activities
it
has
undertaken
to
decontaminate
its
storage
area
and
equipment.
Within
the
same
sixty
days,
the
generator
will
provide
USFRS
with
access
to
visit
the
generator.
The
purpose
of
this
access
is
to
allow
USFRS
to
determine
if
all
of
the
USFRS
XL
waste
has
been
removed.
USFRS
has
developed
a
systems
discontinuation
form
that
it
will
use
to
document
its
visual
observations
during
this
visit.
Pursuant
to
proposed
§
266.312(
b)
USFRS
will
provide
a
summary
of
its
observations
at
the
generator
of
the
condition
of
the
storage
area
and
the
removal
of
all
USFRS
XL
Waste.
USFRS
may
use
its
systems
discontinuation
form.
USFRS
will
provide
the
summary
to
the
customer
to
EPA,
MPCA
and
appropriate
county
agencies.
Pursuant
to
§§
266.319(
d)
and
266.320
USFRS
and
the
USFRS
XL
waste
generator
will
maintain
records
of
their
compliance
with
the
requirements
of
§
266.312,
including
a
copy
of
the
systems
discontinuation
form
or
its
EPA
approved
equivalent
summary.
Abbreviated
closure
requirements
are
specified
in
proposed
§
266.314
for
those
companies
who
have
not
generated
USFRS
XL
wastes
at
the
time
their
participation
is
terminated.
All
that
is
required
of
these
companies
is
that
notice
of
their
termination
is
provided
and
that
they
implement
the
alternative
treatment
or
disposal
required
by
§
266.313.
This
truncated
closure
is
appropriate
for
these
companies
(i.
e.,
USFRS
XL
waste
approved
customers)
because
at
the
time
of
their
termination
they
will
not
have
generated
any
USFRS
XL
waste.
Consequently,
the
requirements
related
to
decontamination
and
off­
site
shipment
contained
in
proposed
§
266.312
are
not
appropriate.
Proposed
§
266.308(
e)
specifies
the
generators
responsibilities
for
spilled
or
leaked
USFRS
XL
waste
on­
site.
If
there
is
a
leak
or
spill
of
USFRS
XL
waste
in
the
generator's
storage
area,
then
the
generator
will
immediately
contain
and
collect
the
wastes.
It
is
anticipated
that
the
spilled
or
leaked
materials
may
consist
of
water
and/
or
resins.
The
generator
will
place
spilled
or
leaked
resins
in
a
55
gallon
steel
drum
which
is
compatible
with
the
spilled
or
leaked
resins.
When
allowed
by
the
local
POTW,
the
generator
will
direct
water
spilled
from
the
canisters
to
its
drainage
system
for
permitted
discharge
to
the
local
POTW,
and
notify
the
POTW.
Otherwise,
the
generator
will
place
the
spilled
or
leaked
water
and
resin
from
the
canister(
s)
in
a
steel
55
gallon
drum
which
is
compatible
with
the
spilled
or
leaked
water
and
resin.
The
generator
will
store
and
label
the
spilled
or
leaked
USFRS
XL
wastes
in
accordance
with
the
requirements
for
USFRS
XL
wastes.
The
generator
will
notify
USFRS
and
MPCA
of
the
spill
or
leak
and
arrange
with
USFRS
for
the
transport
of
any
such
spilled
or
leaked
USFRS
XL
wastes
with
the
next
scheduled
shipment
of
USFRS
XL
wastes.
This
XL
Project
and
the
proposed
rule
do
not
impose
on
the
generator
a
requirement
for
an
internal
communication
device.
It
eliminates
the
need
for
fire
extinguishers,
water
or
foam.
It
also
eliminates
the
written
contingency
plan
and
an
emergency
coordinator
at
the
generator.
Instead,
proposed
§
266.308(
i)
requires
the
generator
to
have
an
external
communication
device,
such
as
a
telephone.
It
also
requires
in
proposed
§
266.308(
a)
and
(b)
that
the
generator
store
the
wastes
in
a
manner
which
should
all
but
eliminate
the
potential
for
a
release
to
the
environment
or
an
emergency.
In
particular,
it
requires
the
generator
to
segregate
the
USFRS
XL
wastes
from
other
wastes
and
to
store
it
on
an
impervious
pad.
Proposed
§
266.308(
d)
and
(e)
require
the
generator
to
inspect
the
storage
area
on
a
weekly
basis
and
to
immediately
respond
to
spills
or
leaks
of
the
USFRS
XL
waste.
Prior
to
generating
any
USFRS
XL
waste,
pursuant
to
proposed
§
266.308(
h)
the
generator
must
designate
a
contact
person
responsible
for
handling
the
USFRS
XL
wastes
and
responding
to
any
releases
of
the
wastes.
It
also
requires
USFRS
to
provide
that
person
with
adequate
training
on
how
to
handle
the
USFRS
XL
waste
and
any
releases.
USFRS
is
required
to
provide
each
company
(generators
and
transporters)
with
adequate
training
through
the
use
of
a
training
module
(``
USFRS
training
module'').
USFRS
may
use
any
recorded
communication
media
that
it
believes
is
appropriate
for
the
training
module
(e.
g.,
printed
brochures,
videos,
etc.)
Pursuant
to
proposed
§
266.304
USFRS
will
submit
this
module
to
EPA,
MPCA
and
the
appropriate
county
agency
early
enough
such
that
it
may
obtain
the
necessary
approvals
prior
to
accepting
the
first
shipment
of
USFRS
XL
waste.
Further,
pursuant
to
the
proposed
rule,
the
USFRS
training
module
will,
at
a
minimum,
identify
the
hazards
presented
by
the
USFRS
XL
waste,
the
steps
needed
to
install
and
replace
the
ion
exchange
resin
canisters,
the
requirements
imposed
by
these
rules,
the
procedures
to
follow
in
the
event
of
a
release
of
the
USFRS
XL
wastes
and
the
proper
procedures
to
decontaminate
equipment,
structures
and
material
in
the
event
that
the
generator
no
longer
participates
in
the
XL
Project.
Prior
to
approving
a
person
as
a
participant
into
the
USFRS
XL
Project,
USFRS
will
obtain
a
signed
certification
from
that
person.
The
certification
will
state
that
the
person
has
reviewed,
viewed
or
read
the
training
materials
and
agrees
to
follow
it.
As
part
of
this
certification
the
potential
generator
will
identify
the
individual
responsible
for
its
compliance
with
the
conditions
of
these
rules,
the
individual's
job
title
and
a
description
of
his
or
her
duties.
Pursuant
to
proposed
§
266.305,
USFRS
will
provide
every
potential
generator
with
a
material
safety
data
sheet
(``
USFRS
MSDS'')
for
the
resin
contained
in
the
canister.
USFRS
will
provide
this
at
the
time
the
company
applies
to
USFRS
for
participation
in
this
Xl
Project.
The
USFRS
MSDS
will
comply
with
the
requirements
for
MSDS
imposed
by
the
Occupational
Safety
and
Health
Administration
(OSHA)
).
Pursuant
to
proposed
§
266.308(
h)
the
generator
will
maintain
and
exhibit
in
a
prominent
location
a
copy
of
the
USFRS
MSDS
on
its
property
and
will
provide
a
copy
of
it
to
local
police
and
fire
departments
and
to
the
local
hospital.
USFRS
will
ensure
that
the
MSDS
prominently
instructs
individuals
in
the
proper
handling
and
emergency
response
procedures
for
handling
spills
or
leaks
of
the
USFRS
XL
wastes
at
the
generator
or
while
in
transit
to
USFRS.
The
USFRS
MSDS
will
also
accompany
each
shipment
of
USFRS
XL
wastes.
If
an
imminent
or
actual
emergency
occurs
which
threatens
the
release
of
USFRS
XL
waste
at
the
generator
site,
then
the
generator
will
notify
the
EPA,
MPCA,
USFRS
and
the
appropriate
local
emergency
responders
and
county
agencies.
The
generator
will
take
actions
to
ensure
the
releases
do
not
occur,
recur
or
spread;
contact
USFRS
to
arrange
for
the
transport
and
disposal
of
the
USFRS
XL
wastes;
and
make
a
written
recording
of
the
event
and
its
actions
in
response
to
such
event.

6.
Reporting
and
Recordkeeping
Requirements
RCRA
Requirements.
Generators
of
hazardous
waste
must
complete
and
submit
certain
reports
and
documents.
Generally,
the
RCRA
regulations
require
the
generator
to
retain
these
reports
or
documents
for
three
years.
The
generator
must
retain
copies
of
all
manifests
for
three
years,
(40
CFR
262.40).
Under
federal
requirements,

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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
only
large
quantity
generators
must
complete
and
retain
copies
of
a
biennial
report
of
hazardous
waste
activity,
(40
CFR
262.40(
b)
and
41).
In
the
State
of
Minnesota,
the
requirement
is
for
an
annual
report.
The
annual
report
generally
requires
the
generator
to
identify
for
that
calendar
year
the
amount
and
type
of
hazardous
waste
that
it
generated
and
transported
off­
site.
It
requires
the
generator
to
identify
the
transporters
and
facilities
that
it
used
for
its
hazardous
waste
transport,
treatment
and
disposal.
It
also
requires
the
generator
to
identify
the
efforts
it
has
taken
during
the
year
to
reduce
the
volume
and
toxicity
of
wastes
produced.
The
generator
must
also
keep
records
of
all
waste
analyses
or
similar
determinations
of
the
characteristics
of
its
hazardous
wastes,
(40
CFR
262.40(
c)).
Generators
who
store
hazardous
waste
on­
site
in
containers,
tanks,
drip
pads,
or
containment
buildings
must
also
have
a
contingency
plan
on­
site
and
provide
copies
to
State
and
local
responders
(40
CFR
262.34(
a)(
4)
and
265.53).
They
must
report
to
EPA
any
emergency
and
retain
a
copy
of
such
reports
(40
CFR
262.34(
a)(
4)
and
265.56(
j)).
XL
Project
Requirements.
Proposed
§§
266.319,
320
and
321
present
the
recordkeeping
and
reporting
requirements
for
USFRS,
the
generators
and
transporters.
Under
the
proposed
rules,
the
generator
will
not
be
required
to
retain
copies
of
the
waste
analysis
or
annual
reports.
Instead
the
burden
will
shift
to
USFRS
to
retain
equivalent
information
to
that
contained
within
these
reports.
In
particular,
USFRS
will
retain
for
three
years
a
copy
of
all
approval
letters
to
its
approved
customers
and
generators
of
USFRS
XL
wastes;
any
correspondence
with
its
approved
customers
or
generators
relevant
to
their
participation
in
this
XL
Project;
a
copy
of
the
approved
customer's
and
generator's
XL
Waste
application
form,
site
engineering
form,
summary
of
its
generator
closure
review
pursuant
to
§
266.312;
waste
analysis,
and
its
review
analyses
of
the
approved
customer's
or
generator's
storage
area;
and
the
Transportation
Tracking
Document
for
each
shipment
of
USFRS
XL
waste.
Each
generator
will
be
required
to
retain
for
three
years
records
of
any
spill
or
emergency
notifications
and
other
duties
imposed
pursuant
to
proposed
§
266.308(
g);
the
signed
FPA,
certification;
its
weekly
inspection
log
required
by
§
266.308(
d);
its
compliance
with
the
training
requirements
of
§
266.308(
h);
and
its
records
of
compliance
with
the
decontamination
requirements
of
§
266.312.
Each
transporter
will
retain
for
three
years
a
copy
of
the
USFRS
XL
Waste
FPA,
its
certification;
a
copy
of
the
signed
Transportation
Tracking
Document
for
USFRS
XL
waste
it
transported;
and
its
record
of
any
notification
of
spills
or
leaks
of
USFRS
XL
wastes
required
by
§
266.311.
In
addition
to
the
records
listed
above,
USFRS
will
develop
and
submit
certain
additional
reports,
lists
and
documents.
Many
of
these
reports
and
documents
are
in
lieu
of
requiring
the
same
or
similar
information
from
its
customer
(e.
g.,
annual
reports
or
contingency
plan).
The
reporting
requirements
are
presented
in
proposed
§
266.319
according
to
their
frequency:
annual
reports
(proposed
§
266.319(
a)),
semi­
annual
reports
(proposed
§
266.319(
b))
and
quarterly
reports
(proposed
§
266.319(
c)).
A
summary
of
each
report
is
presented
below.
Quarterly
reports
are
presented
in
proposed
§
266.319(
c)
and
consist
of
status
reports
on
generator
and
transporter
participation
in
the
XL
Project.
Separate
lists,
with
similar
information,
will
be
reported
for
each.
The
generator
list
is
summarized
in
this
paragraph.
USFRS
will
identify
on
the
XL
participant
list
information
on
its
preliminary
evaluation
of
the
transporters
and
generators,
the
dates
of
EPA,
MPCA
and
appropriate
county
approvals,
the
effective
date
of
a
company
being
added
to
the
USFRS
XL
Project
and
any
termination
date.
For
the
generators,
USFRS
will
also
include
a
summary
of
USFRS's
profile
analysis,
the
generator's
process
waste
streams
approved
for
participation
in
the
XL
Project
and
the
condition
of
the
customer's
storage
area
at
the
time
of
its
application
to
USFRS.
For
generators
who
discontinue
participation
in
this
XL
Project,
USFRS
will
include
on
the
XL
generator
list
the
date
of
the
notice
of
termination
of
its
participation,
the
date
USFRS
removed
the
last
ion
exchange
canister,
and
the
date
of
the
USFRS
review
of
the
generator's
decontamination
efforts.
USFRS
will
update
the
XL
participant
list
as
persons
are
added
to
or
eliminated
from
this
XL
Project.
USFRS
will
have
the
XL
generator
list
available
for
review
by
EPA
or
MPCA
at
its
Roseville,
Minnesota
facility.
USFRS
will
send
a
copy
of
the
XL
generator
list
to
EPA,
MPCA
and
appropriate
county
agencies
on
a
quarterly
basis.
The
annual
report
requirements
are
presented
in
proposed
§
266.319(
a)
and
are
intended
to
provide
a
substitute
for
the
hazardous
waste
biennial
report.
USFRS
will
provide
an
annual
report
on
all
USFRS
XL
wastes.
USFRS
will
include
in
the
annual
report,
at
a
minimum,
each
USFRS
XL
waste
generator,
the
quantity
of
USFRS
XL
waste
that
USFRS
received
from
each
generator
during
the
calendar
year
and
a
certification
by
USFRS
that
those
wastes
were
treated
at
USFRS
in
accordance
with
the
requirements
imposed
by
new
part
266,
subpart
N.
USFRS
will
include
information
on
the
amount
of
metals
it
reclaimed
and
recycled
from
the
resins.
USFRS
will
develop
and
track
certain
information
that
will
be
used
to
determine
the
environmental
benefits
derived
from
the
USFRS
XL
Project.
From
the
generators
USFRS
will
report
on
an
annual
basis
the
following
information:
the
amount
of
water
recycled
by
the
generators,
the
pretreatment
chemicals
and
energy
the
generators
did
not
use
as
a
result
of
participating
in
this
USFRS
XL
Project,
the
amount
of
water
discharged
to
the
local
POTW
before
and
during
this
project,
the
amount
of
sludge
recovered
by
USFRS
before
and
during
this
project,
the
amount
of
sludge
recovered
instead
of
being
disposed
by
a
generator
(if
the
generator
disposed
of
the
sludge
prior
to
participating
in
this
project),
the
quantity
of
material
(ion
exchange
resins,
other
wastewater
treatment
sludge,
residues)
collected
from
each
facility
(monthly),
the
frequency
of
canister
replacement
in
terms
of
process
volume,
the
constituents
in
the
material
(ion
exchange
resins,
wastewater
treatment
sludge,
residues)
collected
at
each
facility
(e.
g.,
recoverable
metals,
contaminants/
non­
recoverable
materials),
and
constituents
in
the
material
(ion
exchange
resins,
wastewater
treatment
sludge,
residues)
disposed
by
each
facility
(e.
g.,
contaminants/
non­
recoverable
material).
USFRS
will
report
on
an
annual
basis
the
following
information
from
its
facility:
quantity
of
material
(ion
exchange
resins,
wastewater
treatment
sludge,
residues)
to
be
processed,
quantity
of
metals
recovered,
the
constituents
of
the
recovered
material
(ion
exchange
resins,
wastewater
treatment
sludge,
residues),
quantity
and
constituents
of
the
non­
recoverable
material
(ion
exchange
resins,
wastewater
treatment
sludge,
residues)
and
how
it
was
disposed.
USFRS
shall
report
on
an
annual
basis
the
following
information
from
the
metal
reclamation
facility
it
uses
to
recycle
sludges:
the
quantity
of
each
metal
recovered.
Pursuant
to
proposed
§
266.319(
b),
USFRS
will
collect
and
report
on
a
semi­
annual
basis
financial
information
related
to
the
costs
and
savings
realized
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
as
a
result
of
implementation
of
this
project
and
sufficient
information
for
EPA
to
determine
the
amount
of
superior
environmental
benefit
resulting
from
this
project.
Pursuant
to
proposed
§
266.319(
b)(
1),
the
report
will
contain
information
which
includes,
but
is
not
limited
to:
1.
The
volume
of
waste
collected
and
recycled,
2.
The
amount
of
metals
recycled,
3.
The
volume
of
recycled
material
sold
to
others,
4.
Data
regarding
the
management
of
the
ion
exchange
canisters,
5.
The
constituents
of
the
sludge
and
6.
Information
regarding
how
the
sludge
and
residues
are
managed.
Additionally,
proposed
§
266.319(
b)(
2)
requires
USFRS
to
report
certain
financial
information
related
to
implementation
of
this
XL
Project.
It
specifies
that
USFRS
will
collect
baseline
and
XL
costs.
The
baseline
costs
shall
be
calculated
using
two
scenarios:
1.
typical
charges
(prior
to
the
XL
Project)
for
pretreating
and
disposing
effluent
wastewater
under
the
applicable
Clean
Water
Act
requirements
and
the
costs
for
manifesting,
transporting
and
disposing
of
F006
sludges;
and
2.
typical
charges
that
would
be
incurred
if
wastes
were
recycled
in
compliance
with
RCRA
and
requirements
for
manifesting
and
transportation
of
those
hazardous
wastes
(including
tax
obligations
under
both
scenarios).
The
XL
costs
will
include
the
current
costs
to
the
generator
for
completing
bills
of
lading,
the
current
transportation
costs
for
XL
wastes,
the
generator's
cost
to
install
the
ion
exchange
canisters,
and
the
cost
to
USFRS
of
metals
reclamation
off­
site
(including
costs
associated
with
transportation
and
disposal).
USFRS
will
compare
the
baseline
costs
to
the
XL
costs
and
provide
an
analysis
of
whether
the
project
is
resulting
in
cost
savings
for
the
generators
and
which
aspects
of
the
XL
Project
produce
these
savings.

7.
Additional
Requirements
Imposed
on
USFRS
RCRA
Requirements.
Companies
which
treat,
store
or
dispose
of
hazardous
waste
must
comply
with
a
permit
issued
for
such
activities.
The
permit
will
contain
the
specific
requirements
which
the
company
must
meet.
XL
Project
Requirements.
USFRS
has
a
RCRA
permit
which
allows
it
to
receive
the
USFRS
XL
wastes.
Pursuant
to
proposed
§
266.307
once
USFRS
receives
the
USFRS
XL
waste
at
its
Roseville,
Minnesota
facility,
the
waste
will
lose
its
USFRS
XL
waste
designation
(XL001)
and
must
be
handled
as
a
fully
regulated
hazardous
waste
(i.
e,
as
F006
and
any
other
applicable
hazardous
waste
code
designation).
USFRS
will
determine
the
appropriate
designation
of
the
waste
based
on
its
waste
profile
analysis
and
knowledge
of
the
waste
stream.
USFRS
will
comply
with
all
terms
and
conditions
of
its
RCRA
permit
for
handling
these
hazardous
wastes.
USFRS
will
also
be
responsible
for
the
conditions
and
terms
identified
in
items
1±
6
above
as
applicable
to
USFRSÐ
e.
g.,
waste
profiling,
use
of
the
Transportation
Tracking
Document,
generator
annual
report,
training
module,
MSDS,
discontinuation
review
of
the
customer,
and
transportation
of
waste
to
the
Roseville,
Minnesota
facility.
USFRS
will
arrange
for
the
recycling
through
metals
recovery
of
the
metals
which
are
contained
in
the
generator's
USFRS
XL
wastes.
Pursuant
to
proposed
§
266.307(
b)
USFRS
may
not
accept
any
customers
into
this
Project
unless
and
until
it
has
arranged
for
recycling
of
the
metals
contained
in
the
XL001
wastes
it
receives.
This
rule
further
requires
USFRS
recycle
the
metals
contained
in
the
XL001
waste
it
receives
throughout
the
duration
of
the
XL
Project.
To
ensure
proper
coordination
of
responses
to
spills,
leaks
or
emergencies
of
USFRS
XL
waste
at
the
generator
or
while
in
transit,
proposed
§
266.307(
c)
requires
USFRS
to
have
a
spill
response
coordinator.
This
person
will
receive
all
calls
from
generators
and
transporters
regarding
spills,
leaks
or
emergencies
related
to
the
USFRS
Xl
wastes.
This
person
shall
also
be
responsible
for
coordinating
the
proper
response
to
such
spills,
leaks
or
emergencies.

V.
How
the
USFRS
XL
Project
Will
Result
in
Superior
Environmental
Performance
A.
What
Regulatory
Changes
Will
be
Necessary
to
Implement
this
Project?

1.
Federal
Regulatory
Changes
The
purpose
of
today's
proposed
regulatory
changes
are
to
provide
generators
and
transporters
of
USFRS
XL
waste
with
alternative
requirements
for
the
proper
handling
and
transportation
of
those
wastes.
The
USFRS
XL
wastes
are
F006
hazardous
wastes.
Additionally,
some
of
this
F006
waste
may
be
characterized
as
characteristically
hazardous
waste
(i.
e.,
``
D''
wastes)
depending
on
the
concentration
of
the
constituents
in
the
waste
streams
at
each
individual
generator.
Consequently,
the
USFRS
XL
wastes
would
be
subject
to
the
requirements
of
40
CFR
parts
261±
265,
268,
270,
273
and
279.
However,
today's
proposal
would
provide
the
USFRS
XL
wastes
with
a
separate
waste
code
while
they
are
at
approved
generators
and
transporters.
It
also
proposes
to
substitute
tailored
management
requirements
for
the
approved
generators
and
transporters
and
USFRS.
Consequently,
in
order
to
implement
this
regulatory
flexibility
EPA
is
proposing
to
provide
a
``
temporary
deferral''
from
the
requirements
of
40
CFR
parts
261±
265,
268,
270,
273
and
279
for
USFRS
XL
waste
while
it
is
at
the
generator
and
during
its
transport
to
USFRS.
The
generators
and
transporters
would
have
to
manage
the
wastes
in
accordance
with
new
part
266,
subpart
N
in
lieu
of
40
CFR
parts
261±
265,
268,
270,
273
and
279.
If
a
generator
or
transporter
fails
to
comply
with
the
new
requirements,
then
it
will
have
violated
those
requirements
and
may
be
subject
to
enforcement
action
for
such
violations.
The
deferral
is
temporary
in
that
it
is
only
applicable
for
the
period
of
time
that
the
waste
is
at
the
generator
or
in
transport
and
not
when
it
reaches
USFRS.
Additionally,
this
deferral
expires
when
the
XL
Project
is
terminated.
This
XL
Project
will
last
no
more
than
five
years
from
the
effective
date
of
the
new
part
266,
subpart
N.
Today's
proposal
would
also
impose
on
USFRS
additional
handling,
record
keeping
and
reporting
requirements
for
the
USFRS
XL
wastes
(XL001)
it
receives
from
the
generators
and
transporters.
These
requirements
complement
the
regulatory
flexibility
granted
to
the
generators
and
transporters.
These
requirements
are
necessary
for
the
successful
completion
of
this
XL
Project.
The
new
requirements
are
contained
in
new
proposed
part
266,
subpart
N.
This
site­
specific
rule
would
add
a
new
paragraph
(v)
to
40
CFR
261.6,
and
new
Subpart
N
to
part
266
to
clarify
that
USFRS
XL
wastes
(XL001)
generated
and
transported
by
approved
USFRS
XL
waste
generators
and
transporters
would
be
exempt
from
§
261.5,
parts
262±
266
(except
266,
subpart
N),
268,
270,
273
and
279.
Instead
these
persons
would
be
regulated
by
a
new
part
266,
subpart
N.
New
part
266,
subpart
N
would
contain
the
procedures
necessary
to
implement
this
regulatory
flexibility
and
would
fully
describe
the
requirements
imposed
on
USFRS,
and
the
approved
generators
and
transporters
as
detailed
above
in
sections
IV.
A
&
B.
EPA
is
proposing
to
add
the
following
definitions
to
§
266.301
to
implement
this
XL
Project:
County
Environmental
Agencies
or
County
Agencies,
USFRS,
USFRS
XL
Waste,
USFRS
XL
Waste
Application
Form,
USFRS
XL
Waste
Approved
Customer,
USFRS
XL
Waste
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
15
The
counties
each
will
decide
whether
to
exempt
the
XL
001
waste
from
normal
hazardous
waste
taxation.
Approved
Transporter,
USFRS
XL
Waste
Transportation
Tracking
Document,,
USFRS
XL
Waste
Final
Project
Agreement,
USFRS
XL
Waste
Generator,
USFRS
Waste
Training
Module,
USFRS
XL
Waste
Material
Safety
Data
Sheet,
USFRS
XL
Waste
Project
or
USFRS
XL
Project,
and
USFRS
XL
Waste
Transporter.

2.
State
Regulatory
Changes
The
state
of
Minnesota
is
authorized
under
section
3006
of
RCRA
to
implement
the
federal
RCRA
program.
Thus,
Minnesota's
regulations
operate
in
lieu
of
the
federal
regulations
adopted
pursuant
to
RCRA.
EPA
may
directly
implement
and
enforce
new
federal
regulations
in
an
authorized
state
only
if
those
regulations
are
adopted
pursuant
to
EPA's
statutory
authority
granted
by
the
Hazardous
and
Solid
Waste
Amendments
of
1984,
(HSWA)
.
Minnesota's
and
EPA's
regulations
require
companies
that
treat,
store
or
dispose
of
hazardous
waste
to
have
a
permit
or
interim
status.
If
a
company
has
interim
status
it
must
comply
with
the
requirements
of
40
CFR
part
265
and
Minn.
R.
7001.0650
and
Minn.
R.
7045.0552
to
7045.0648.
If
a
company
has
a
permit
then
it
must
comply
with
the
permit.
A
company
with
a
permit
does
not
have
to
comply
with
new
regulatory
requirements
(with
certain
exceptions)
until
such
time
that
the
permit
is
modified
to
incorporate
those
new
requirements.
40
CFR
270.4.
Minnesota
has
a
similar
provision,
Minn.
R.
7001.0150,
subp.
2.
P.
Minnesota's
hazardous
waste
management
regulations,
codified
in
Minn.
R.
Chs.
7001
and
7045
contain
equivalent
or
more
stringent,
requirements
as
compared
to
the
Federal
regulations
at
40
CFR
parts
260±
266,
268,
270,
273
and
279
for
hazardous
waste.
None
of
the
regulations
proposed
with
today's
proposal
are
promulgated
pursuant
to
EPA's
HSWA
authority.
Consequently,
the
approved
generators,
transporters
and
USFRS
are
subject
to
the
Minnesota
state
regulations
until
such
time
as
these
new
regulations
are
adopted
by
the
state
of
Minnesota
or
an
equivalent
state
legal
mechanism
is
used.
Therefore,
conforming
state
regulatory
changes
or
legal
mechanisms
must
be
implemented
in
addition
to
the
proposed
federal
changes
for
companies
to
enter
into
this
XL
Project.
Section
F
below
describes
the
changes
that
may
be
necessary
and
the
options
available
to
Minnesota
to
implement
the
flexibility
provided
by
the
proposed
federal
rules.
B.
Why
is
EPA
Supporting
this
New
Approach
to
USFRS
XL
Waste
Management?
EPA
is
supporting
this
new
approach
because
it
believes
that
it
will
provide
superior
environmental
performance
by
promoting
recycling
of
water
and
recovery
and
reuse
of
metals
that
would
otherwise
be
land
disposed.
USFRS
and
its
customers
will
be
complying
with
requirements
that
are
as
protective
of
public
health
and
the
environment
as
the
RCRA
requirements
that
would
otherwise
be
applicable.
EPA
also
believes
that
implementation
of
this
project
will
result
in
a
significant
cost
savings
to
the
participating
customers
(see
section
D
below).
The
success
of
this
project
will
be
evaluated
on
an
ongoing
basis
and
will
determine
whether
this
new
approach
to
waste
management
should
be
extended
to
other
areas
of
the
country.

C.
How
Have
Various
Stakeholders
Been
Involved
in
this
Project?
Stakeholder
involvement
is
essential
for
the
success
of
this
innovative
environmental
program.
Nine
public
meetings
were
held
to
inform
the
general
public
and
environmental
groups
about
the
project
and
to
invite
their
comments
and
participation.
Additional
public
meetings
may
be
held
during
implementation
of
the
FPA
based
on
public
interest
or
as
decided
by
direct
participants.
Stakeholder
input
and
community
goals
have
been
and
will
continue
to
be
considered
throughout
project
implementation.
USFRS
shall
report
on
a
quarterly
basis
efforts
to
maintain
stakeholder
involvement
and
public
access
to
information
in
accordance
with
the
requirements
of
the
new
subpart
N.

D.
How
Will
this
Project
Result
in
Cost
Savings
and
Paperwork
Reduction?
EPA
believes
that
this
project
has
the
potential
for
cost
savings
by
making
recycling
of
water
and
waste
more
cost
competitive
with
traditional
treatment/
disposal
options.
Costs
savings
may
include
those
associated
with:
purchase
of
additional
potable
water
for
single
use;
capital
and
operating
costs
to
treat
mildly
contaminated
waste
waters
so
that
they
meet
pretreatment
standards
prior
to
discharge;
discharge
fees
associates
with
wastewater
discharge
(including
permits,
monitoring
and
sewer
access
charges);
transport
and
disposal
of
hazardous
waste
sludges;
and
taxes
paid
to
local
authorities.
15
A
cost
comparison
will
be
conducted
during
project
implementation
to
evaluate
the
cost
savings.
EPA
believes
that
the
paperwork
burden
for
the
generator
will
be
reduced
as
compared
to
current
RCRA
requirements.
USFRS
will
be
required
to
retain
and
submit
certain
reports
which
RCRA
would
normally
require
of
its
customers,
and
report
ongoing
environmental
performance
and
success
in
meeting
its
targets.
For
further
information
about
the
impacts
of
this
rule
on
paperwork
reduction,
please
see
section
VI.
D.

E.
How
Will
EPA
Ensure
the
Integrity
of
this
XL
Project?
EPA
will
ensure
the
integrity
of
this
project
through
the
regulations
that
it
is
proposing
today,
its
prior
approval
of
the
generators
and
transporters,
its
normal
enforcement
and
oversight
authority
and
coordination
and
cooperation
with
the
state
of
Minnesota
and
appropriate
county
agencies.
The
rules
proposed
today
will
be
the
primary
vehicle
EPA
will
use
to
ensure
that
USFRS
and
all
generators
or
transporters
of
USFRS
XL
waste
handle
the
USFRS
XL
wastes
in
a
manner
which
is
acceptable
to
EPA.
According
to
the
proposed
rules,
USFRS
XL
wastes
may
only
be
sent
to
USFRS'
Roseville,
Minnesota
facility.
That
facility
has
a
RCRA
permit
and
must
comply
with
the
proposed
rules.
The
proposed
rules
require
USFRS
to
conduct
a
preliminary
evaluation
of
any
generator
or
transporter
that
it
proposes
to
add
to
this
XL
Project.
The
rules
specify
the
conditions
and
elements
for
such
preliminary
evaluations.
For
generators
these
requirements
include
appropriate
training
in
handling
the
USFRS
XL
wastes,
proper
identification
of
their
processes
and
an
appropriately
designed
storage
area.
For
the
transporters
these
requirements
include
a
satisfactory
safety
rating
from
the
USDOT
and
training
on
the
proper
handling
of
the
USFRS
XL
wastes.
Once
this
prescreening
is
completed,
final
approval
is
subject
to
EPA,
MPCA
and
appropriate
county
agency
oversight.

F.
How
Will
the
Terms
of
the
USFRS
XL
Project
and
Proposed
Rule
be
Enforced?
All
XL
projects
must
include
a
legally
enforceable
mechanism
to
ensure
accountability
and
superior
environmental
performance.
EPA
retains
its
full
range
of
enforcement
options
under
the
proposed
rule.
Thus,
once
there
is
a
federally
enforceable
mechanism
in
place,
if
EPA
determines
that
a
company
is
not
in
compliance
with
it
then
EPA
and,
under
certain
conditions,
private
citizens
may
take
enforcement
action
against
that
company
and
may
terminate
that
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/
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17,
2000
/
Proposed
Rules
16
If
a
generator
or
transporter
elects
to
terminate
its
participation
prior
to
ever
generating
or
transporting
USFRS
XL
waste
the
rules
provide
a
truncated
termination
procedure.
This
procedure
does
not
require
removal
or
decontamination
of
USFRS
XL
waste
since
none
have
been
generated
or
transported.
It
also
provides
for
a
shorter
time
for
notice
to
EPA,
MPCA
and
the
appropriate
county
agencies.
(See
proposed
§§
266.314
and
266.316).
person's
continued
participation
in
the
project
(section
3005(
d),
3006(
d)
and
3008(
a)
of
RCRA).
In
the
event
EPA
terminates
a
person's
continued
participation
in
this
XL
Project,
EPA
will
use
the
criteria
and
procedures
identified
in
the
proposed
rules,
not
those
contained
in
Minnesota's
rules
or
statutes.
(See
proposed
§
266.314±
318).
The
enforcement
response
on
the
part
of
EPA
would
vary
depending
upon
the
actual
performance
of
each
generator,
transporter
and
USFRS,
the
mechanism
the
State
uses
to
implement
this
XL
Project
and
the
severity
of
any
violation.
EPA
will
enforce
the
existing
Minnesota
hazardous
waste
management
regulations
which
are
part
of
the
Minnesota
authorized
hazardous
waste
program.
The
flexibility
proposed
in
the
proposed
regulations
will
not
be
available
to
USFRS,
its
generators
and
transporters
until
EPA
promulgates
these
regulations
and
the
State
of
Minnesota
adopts
equivalent
flexibility
which
is
federally
applicable
and
enforceable.
The
instrument
selected
for
the
State's
implementation
of
this
XL
Project
must
be
one
that
is
clearly
federally
enforceable.
Once
all
of
the
required
federal
and
state
legal
authorities
are
in
place,
EPA
will
retain
a
role
in
evaluating
this
XL
Project
and
each
generator
and
transporter.
EPA
will
evaluate
each
generator
and
transporter
prior
to
it
being
accepted
into
the
program.
Additionally,
once
this
XL
Project
is
effective
EPA
may
routinely
inspect
any
of
the
participants
to
determine
their
compliance.
If
EPA
determines
that
a
participant
has
violated
a
particular
provision
of
the
proposed
rules,
then
that
participant
may
be
subject
to
civil
or
criminal
penalties
pursuant
to
section
3008
of
RCRA.
Today's
proposed
rule
includes
a
termination
provisions
in
§
266.314±
318.
EPA
will
use
the
termination
provisions
of
today's
rules
independent
of
any
contained
within
the
Minnesota
rules.
Today's
proposed
rules
recognize
that
a
company
may
terminate
its
participation
in
the
USFRS
XL
Project
voluntarily
and
at
any
time;
even
before
generating
or
transporting
USFRS
XL
waste.
Additionally,
a
company
may
be
automatically
terminated
upon
a
change
in
ownership
or
at
the
conclusion
of
this
Project.
EPA,
MPCA
or
the
appropriate
county
agency
may
terminate
a
company's
participation
as
a
result
of
violations
of
the
regulations.
In
the
case
of
EPA
initiated
termination
the
rules
provide
the
company
with
notice
and
an
opportunity
to
correct
any
violations.
This
opportunity
to
correct
the
violation
does
not
compromise
EPA's
authority
to
initiate
an
enforcement
action
against
the
company
for
the
non­
compliance.
The
proposed
rule
provides
the
federal
procedures
and
time
frame
for
termination
of
a
company's
continued
participation
in
the
USFRS
XL
Project.
MPCA
or
the
County
Agencies
may
have
their
own
procedures
for
terminating
the
participation
of
a
person
from
their
version
of
this
federal
USFRS
XL
Project.
EPA
is
not
bound
by
and
will
not
follow
those
State
or
County
procedures
to
terminate
a
person's
continued
participation
in
this
USFRS
XL
Project.
State
or
local
procedures
may
be
different
but
are
expected
to
be
equivalent
in
terms
of
the
criteria
and
notice
provisions.
In
the
event
of
a
termination,
the
participant
must
remove
the
USFRS
XL
waste,
take
appropriate
steps
to
decontaminate
and
return
to
compliance
with
RCRA.
16
The
participants
are
provided
with
time
to
take
these
steps
if
the
termination
is
the
result
of
a
change
in
ownership
or
a
termination
by
EPA
,
MPCA
or
the
appropriate
county
agency.
USFRS
XL
waste
transporters
will
have
30
days
after
receipt
of
EPA's
notice
of
termination
or
a
change
in
ownership
to
complete
the
termination
procedures
required
by
the
proposed
rules
and
return
to
compliance
with
RCRA.
USFRS
XL
waste
generators
will
have
60
days
and
USFRS
will
have
120
days.
During
the
30,
60
and
120
transition
periods,
the
provisions
of
proposed
subpart
N
would
continue
to
apply
in
full.
At
the
conclusion
of
the
transition
periods,
the
applicable
RCRA
regulations
would
again
apply
to
the
participant.
The
rationale
for
the
transition
period
is
to
allow
sufficient
time
for
the
participant
to
reinstate
the
operational
and
administrative
infrastructure
necessary
for
proper
RCRA
compliance.
EPA
selected
different
time
frames
for
the
transporters,
generators
and
USFRS
based
on
the
complexity
of
the
activities
they
may
have
to
engage
in
to
return
to
compliance
with
RCRA.
USFRS
XL
waste
transporters
should
be
able
to
return
to
compliance
with
RCRA
earlier
since
their
obligations
are
expressed
in
terms
of
transportation
of
the
USFRS
XL
waste.
Since
transportation
of
those
wastes
would
normally
be
required
within
30
days
of
receipt
of
the
shipment,
the
USFRS
XL
waste
transporter
should
be
able
to
ship
any
loads
in
its
possession
within
the
30­
day
transition
period.
USFRS
XL
waste
generators
need
a
longer
transition
time
since
they
will
have
to
remove
the
USFRS
XL
waste
onsite
decontaminate
any
storage
area
and
may
need
to
make
process
changes.
USFRS
XL
waste
generators
may
also
have
to
(1)
make
new
hazardous
waste
determinations,
(2)
re­
train
facility
personnel,
(3)
obtain
the
necessary
state
and
local
approvals
for
any
changes
in
its
waste
water
discharge
to
the
POTW,
or
ensure
a
suitable
alternative
which
complies
with
environmental
statutes
and
regulations,
(4)
establish
systems
for
proper
record
keeping
and
reporting,
(5)
obtain
an
EPA
identification
number,
and
(6)
acquire
funding
and
resources
which
were
unnecessary
under
the
XL
Project
(e.
g.,
additional
funding
might
be
needed
for
the
re­
negotiation
of
contract
terms
with
hazardous
waste
contractors
who
might
be
needed
for
additional
hazardous
waste
pick­
ups).
In
the
case
of
USFRS,
a
longer
transition
time
is
provided
since
its
termination
will
effectively
terminate
the
participation
of
all
of
the
XL
Project
generators
and
transporters.
All
of
the
activities
identified
above
for
the
USFRS
XL
waste
generators
and
transporters
will
have
to
be
undertaken
as
well
as
USFRS's
closure
of
the
project.
Thus
a
longer
period
of
time
is
necessary.
EPA
believes
that
120
days
is
a
reasonable
time
period.
For
the
reasons
presented
in
the
preceding
paragraphs
and
since
the
proposed
rule
would
be
fully
applicable
during
any
transition
period,
EPA
is
confident
that
the
30/
60/
120­
day
time
frames
are
protective
of
human
health
and
the
environment.

G.
How
Long
Will
this
Project
Last
and
When
Will
it
be
Completed?
As
with
all
XL
projects
testing
alternative
environmental
protection
strategies,
the
term
of
this
XL
Project
is
one
of
limited
duration.
Today's
proposed
rule
would
set
the
term
of
the
XL
Project
at
five
years
after
the
effective
date
of
this
rule.
Because
Project
XL
is
a
voluntary
and
experimental
program,
today's
proposed
rule
contains
provisions
that
allow
the
project
to
conclude
prior
to
the
end
of
the
five
years
in
the
event
that
it
is
desirable
or
necessary
to
do
so.
For
example,
an
early
conclusion
would
be
warranted
if
the
project's
environmental
benefits
do
not
meet
the
Project
XL
requirement
for
the
achievement
of
superior
environmental
results.
In
addition,
new
laws
or
regulations
may
become
applicable
to
the
wastes
during
the
project
term
which
might
render
the
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Vol.
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No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
project
impractical,
or
might
contain
regulatory
requirements
that
supersede
the
superior
environmental
benefits
that
are
being
achieved
under
this
XL
Project.
Similarly,
the
participants
may
also
ask
to
discontinue
participation
in
this
XL
Project
prior
to
the
five
years
if
the
experimental
project
does
not
provide
sufficient
benefits
for
them
to
justify
continued
participation.
If
an
early
conclusion
to
the
project
is
determined
to
be
appropriate,
today's
rule
provides
a
mechanism
for
EPA
to
legally
conclude
the
project
prior
to
the
five
years.
A
notice
of
termination
will
trigger
a
transition
period
described
above
in
section
F
of
this
preamble.
While
EPA,
the
state
and
county
environmental
agencies
and
the
participants
have
broad
discretion
and
latitude
to
initiate
an
early
conclusion
of
the
project,
all
are
expected
to
exercise
their
good
faith
and
judgment
in
determining
whether
exercising
this
option
is
appropriate.
EPA
reserves
the
discretion
to
terminate
a
project
and
the
FPA
in
the
event
a
participant
fails
to
comply
with
or
meet
its
obligations
in
the
proposed
rule,
or
its
supplementary
commitments
contained
in
the
FPA.
The
FPA
and
the
proposed
rule
also
provide
for
the
participant's
return
to
compliance
with
existing
RCRA
regulatory
requirements
following
termination.

VI.
Additional
Information
A.
How
to
Request
a
Public
Hearing
A
public
hearing
will
be
held,
if
requested,
to
provide
opportunity
for
interested
persons
to
make
oral
presentations
regarding
this
regulation
in
accordance
with
40
CFR
part
25.
Persons
wishing
to
make
an
oral
presentation
on
the
site
specific
rule
to
implement
the
U.
S.
Filter
XL
Project
should
contact
Mr.
Robert
Egan
of
the
Region
5
EPA
office,
at
the
address
given
in
the
ADDRESSES
section
of
this
document.
Any
member
of
the
public
may
file
a
written
statement
before
the
hearing,
or
after
the
hearing,
to
be
received
by
EPA
no
later
than
August
24,
2000.
Written
statements
should
be
sent
to
EPA
at
the
address
given
in
the
ADDRESSES
section
of
this
document.
If
a
public
hearing
is
held,
a
verbatim
transcript
of
the
hearing,
and
written
statements
provided
at
the
hearing
will
be
available
for
inspection
and
copying
during
normal
business
hours
at
the
EPA
addresses
for
docket
inspection
given
in
the
ADDRESSES
section
of
this
preamble.
B.
How
Does
this
Rule
Comply
with
Executive
Order
12866?

Because
this
rules
affects
only
U.
S.
Filter,
its
transporters
and
its
customers,
it
is
not
a
rule
of
general
applicability.
It
is
therefore,
not
subject
to
OMB
review
and
Executive
Order
12866.
In
addition,
OMB
has
agreed
that
review
of
site­
specific
rules
under
Project
XL
is
not
necessary.
Further,
under
Executive
Order
12866,
the
Agency
first
must
determine
whether
the
regulatory
action
is
``
significant''
and
therefore
subject
to
Office
of
Management
and
Budget
(OMB)
review
and
the
requirements
of
the
Executive
Order.
The
Order
defines
``
significant
regulatory
action''
as
one
that
is
likely
to
result
in
a
rule
that
may:
(1)
have
an
annual
effect
on
the
economy
of
$100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety
in
State,
local,
or
tribal
governments
or
communities;
(2)
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(3)
Materially
alter
the
budgetary
impact
of
entitlement,
grants,
user
fees,
or
loan
programs
of
the
rights
and
obligations
of
recipients
thereof;
or
(4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
Because
the
annualized
cost
of
this
proposed
rule
would
be
significantly
less
than
$100
million
and
would
not
meet
any
of
the
other
criteria
specified
in
the
Executive
Order
and
because
this
proposed
rule
affects
only
USFRS
and
its
transporters
and
generators,
it
is
not
a
rule
of
general
applicability
or
a
``
significant
regulatory
action''
and
therefore
not
subject
to
OMB
review.
Further
today's
proposed
rule
does
not
apply
to
any
entity
unless
they
choose
on
a
voluntary
basis
to
participate
in
this
XL
Project.
Finally,
OMB
has
agreed
that
review
of
site
specific
rules
under
Project
XL
is
not
necessary.
Executive
Order
12866
also
encourages
agencies
to
provide
a
meaningful
public
comment
period,
and
suggests
that
in
most
cases
the
comment
period
should
be
60
days.
However,
in
consideration
of
the
very
limited
scope
of
today's
rulemaking
and
the
considerable
public
involvement
in
the
development
of
the
draft
FPA,
the
EPA
considers
30
days
to
be
sufficient
in
providing
a
meaningful
public
comment
period
for
today's
action.
C.
Is
a
Regulatory
Flexibility
Analysis
Required?

The
Regulatory
Flexibility
Act
(RFA),
as
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(SBREFA),
5
U.
S.
C.
601
et.
seq.
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Under
section
605(
b)
of
the
RFA,
however,
if
the
head
of
an
agency
certifies
that
a
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities,
the
statute
does
not
require
the
agency
to
prepare
a
regulatory
flexibility
analysis.
Pursuant
to
section
605(
b),
the
Administrator
certifies
that
this
proposal,
if
promulgated,
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
for
the
reasons
explained
below.
Consequently,
EPA
has
not
prepared
a
regulatory
flexibility
analysis.
Small
entities
include
small
businesses,
small
organizations
and
small
governmental
jurisdictions.
For
purposes
of
assessing
the
impacts
of
today's
proposed
rule
on
small
entities,
small
entity
is
defined
as
:
(1)
a
small
business
according
to
RFA
default
definitions
for
small
business
(based
on
SBA
size
standards);
(2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(3)
a
small
organization
that
is
any
not­
forprofit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
Today's
rule
amends
EPA's
RCRA
Regulations
to
modify
the
handling
and
reporting
requirements
for
certain
hazardous
waste
generators
and
transporters,
as
well
as
for
USFRS.
USFRS
is
not
a
small
entity.
The
modifications
authorized
by
the
rule
would
reduce
costs
to
the
generators
to
whom
it
applies
and
those
modifications
should
have
no
impact
on
costs
to
the
transporters.
EPA
has
concluded,
therefore,
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.

D.
Is
an
Information
Collection
Request
Required
for
this
Project
Under
the
Paperwork
Reduction
Act?

The
information
collection
requirements
in
this
proposed
rule
have
been
submitted
for
approval
to
the
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Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
Office
of
Management
and
Budget
(OMB)
under
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
An
Information
Collection
Request
(ICR)
document
has
been
prepared
by
EPA
(ICR
No.
1755.04,
OMB
Control
No.
2010±
0026)
and
a
copy
may
be
obtained
from
Sandy
Farmer
by
mail
at
OP
Regulatory
Information
Division;
U.
S.
Environmental
Protection
Agency
(2137);
1200
Pennsylvania
Avenue,
N.
W.;
Washington,
D.
C.
20460,
by
email
at
farmer.
sandy.
epa.
gov,
or
by
calling
(202)
260±
2740.
A
copy
also
may
be
downloaded
off
the
internet
at
http:/
/www.
epa.
gov/
icr.
EPA
is
requiring
that
information
be
collected
regarding
which
generators
and
transporters
are
eligible
for
regulatory
flexibility
under
the
USFRS
XL
Project.
Information
is
also
needed
in
order
to
keep
generators,
transporters,
USFRS,
and
emergency
response
teams
abreast
of
XL
001
waste,
its
contents,
and
when
it
is
shipped
and
received.
Finally
information
is
needed
to
determine
whether
the
project
produces
superior
economic
and
environmental
benefits.
The
success
of
the
project
will
help
determine
whether
it
should
be
extended
to
other
areas
of
the
country.
Participation
in
the
project
is
voluntary;
however,
if
a
generator
or
transporter
decides
to
participate,
EPA
requires
the
filing
of
this
information.
Quarterly
reports
will
be
publicly
available.
The
estimated
total
cost
burden
of
collecting
the
information
is
$224,940/
year
and
the
estimated
total
length
of
time
to
collect
it
is
3906
hours/
year.
The
estimated
total
number
of
respondents
is
90.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
or
disclose
or
provide
information
to
or
for
a
Federal
Agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
Chapter
15.
EPA
will
amend
the
various
regulations
to
list
the
information
requirements,
if
any,
contained
in
the
final
rule.
Comments
are
requested
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques.
Send
comments
on
the
ICR
to
the
Director,
OP
Regulatory
Division;
U.
S.
Environmental
Protection
Agency
(2137);
1200
Pennsylvania
Avenue,
N.
W.;
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs.
Office
of
Management
and
Budget,
725
17th
St.,
N.
W.,
Washington,
D.
C.
20503,
marked
``
Attention:
Desk
Officer
for
EPA.
''
Include
the
ICR
number
in
any
correspondence.
Since
OMB
is
required
to
make
a
decision
concerning
the
ICR
between
30
and
60
days
after
August
17,
2000,
a
comment
to
OMB
is
best
assured
of
having
its
full
effect
if
OMB
receives
it
by
September
18,
2000.
The
final
rule
will
respond
to
any
OMB
or
public
comments
on
the
information
collection
requirements
contained
in
this
proposal.

E.
Does
This
Project
Trigger
the
Requirements
of
the
Unfunded
Mandates
Reform
Act?
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(UMRA),
Public
Law
104±
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local
and
tribal
governments
and
the
private
sector.
Under
section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
costeffective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
why
the
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
have
developed
under
section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
As
noted
above,
this
proposed
rule
is
limited
to
USFRS
and
certain
of
its
customers
and
transporters.
This
proposed
rule
would
create
no
federal
mandate
because
it
is
a
voluntary
program
proposed
by
USFRS.
Further,
EPA
is
imposing
no
enforceable
duties
that
are
anticipated
to
be
more
expensive
or
more
onerous
for
the
parties
that
would
exist
without
this
proposed
rule.
The
rule
does
not
change
the
authorization
status
of
the
State.
Since
the
proposed
rule
is
a
relaxation
of
the
federal
regulatory
program,
it
will
not
take
effect
until
the
State
adopts
the
rule.
The
State
is
under
no
federal
obligation
to
adopt
less
stringent
requirements.
EPA
has
also
determined
that
this
proposed
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$100
million
or
more
for
State,
local,
and
tribal
governments,
in
the
aggregate,
or
the
private
sector
in
any
one
year.
Thus,
today's
proposed
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.
EPA
has
also
determined
that
this
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments.
Nevertheless,
in
developing
this
proposed
rule,
EPA
worked
closely
with
MPCA,
Ramsey,
Hennepin,
Anoka,
Dakota,
Carver,
Scott
and
Washington
Counties
and
received
meaningful
and
timely
input
in
the
development
of
this
proposed
rule.

F.
Applicability
of
Proposed
Subpart
N
under
the
Minnesota
RCRA
Authorized
Hazardous
Waste
Program
1.
Applicability
of
Rules
in
Authorized
States
Under
section
3006
of
RCRA,
EPA
may
authorize
qualified
States
to
administer
the
RCRA
hazardous
waste
program
within
the
State.
See
40
CFR
part
271
for
the
standards
and
requirements
for
authorization.
Following
authorization,
the
State
requirements
authorized
by
EPA
apply
in
lieu
of
equivalent
Federal
requirements
and
become
Federally
enforceable
as
requirements
of
RCRA.
EPA
maintains
independent
authority
to
bring
enforcement
actions
for
violations
of
the
authorized
requirements
under
RCRA
sections
3007,
3008,
3013,
and
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
7003.
Authorized
States
also
have
independent
authority
to
bring
enforcement
actions
under
State
law.
Additionally,
citizens
are
provided
with
the
opportunity
to
commence
a
civil
action
under
section
7002
of
RCRA
for
violations
of
the
authorized
program.
After
a
State
receives
initial
authorization,
new
Federal
requirements
promulgated
under
RCRA
authority
existing
prior
to
the
1984
Hazardous
and
Solid
Waste
Amendments
(HSWA)
do
not
apply
in
that
State
until
the
State
adopts
and
receives
authorization
for
equivalent
State
requirements.
Until
these
actions
are
completed,
the
State
requirements
which
EPA
previously
authorized
are
the
federally
enforceable
rules
that
apply
pursuant
to
RCRA.
The
State
must
adopt
any
new
more
stringent
Federal
requirements
to
maintain
authorization.
In
contrast,
under
RCRA
section
3006(
g)
(42
U.
S.
C.
6926(
g)),
new
Federal
requirements
and
prohibitions
imposed
pursuant
to
HSWA,
provisions
take
effect
in
authorized
States
at
the
same
time
that
they
take
effect
in
unauthorized
States.
Although
authorized
States
are
still
required
to
update
their
hazardous
waste
programs
to
remain
equivalent
to
the
Federal
program,
EPA
carries
out
HSWA
requirements
and
prohibitions
in
authorized
States,
including
the
issuance
of
new
permits
implementing
those
requirements,
until
EPA
authorizes
the
State
to
do
so.

2.
Effect
on
Minnesota
Authorization
Today's
proposed
rules,
if
finalized,
would
be
promulgated
pursuant
to
EPA's
non­
HSWA
authority,
rather
than
its
HSWA
authority.
Minnesota
has
received
authority
to
administer
most
of
the
RCRA
program;
thus,
authorized
provisions
of
its
hazardous
waste
program
are
administered
and
enforced
in
lieu
of
the
federal
program
equivalent.
Minnesota
has
received
authority
to
administer
hazardous
waste
standards
for
generators,
transporters
and
facilities
that
treat,
store
or
dispose
of
hazardous
waste.
As
a
result
of
this
authorization,
the
substantive
requirements
contained
in
today's
proposed
rules,
if
finalized,
will
not
be
effective
in
Minnesota
until
the
State
adopts
equivalent
legal
mechanisms
or
requirements
as
state
law
that
are
authorized
by
EPA.
It
is
EPA's
understanding
that
subsequent
to
the
promulgation
of
this
rule,
Minnesota
intends
to
propose
rules
or
other
legal
mechanisms
containing
requirements
equivalent
to
those
imposed
by
new
part
266,
subpart
N.
Minnesota
may
accomplish
this
through
a
number
of
mechanisms.
One
mechanism
is
for
Minnesota
to
revise
its
existing
hazardous
waste
rules
to
mirror
the
changes
contained
in
today's
proposed
rules.
If
Minnesota
revises
its
rules
in
this
manner
then
it
will
have
to
submit
them
to
EPA
for
review
and
approval
as
part
of
the
authorized
state
program.
Until
such
time,
EPA
and
citizens
may
enforce
the
previously
authorized
state
rules,
which
do
not
provide
the
flexibility
afforded
by
today's
proposed
rule.
Minnesota
also
may
choose
to
rely
on
its
existing
statutory
and
regulatory
authority
under
RCRA
to
issue
a
variance
to
individual
or
categories
of
companies
covered
by
today's
proposed
rules.
To
the
extent
that
MPCA
relies
on
existing
statutory
and
regulatory
authority
which
is
part
of
the
authorized
state
hazardous
waste
program,
then
further
federal
review
and
authorization
would
not
be
necessary.
Through
its
existing
hazardous
waste
management
statutes
and
regulationsÐ
Minn.
Stat.
section
116.07,
subd.
5
and
chapter
7045
of
Minnesota
Rules
(Minn.
R.
ch.
7045),
the
MPCA
has
specific
authority
to
provide
regulatory
flexibility
through
the
inclusion
of
variances
in
state­
issued
RCRA
permits.
Minn.
R.
7045.0060
sets
out
the
procedural
and
substantive
requirements
for
issuance
of
a
variance.
It
allows
a
variance
from
any
requirement
of
the
hazardous
waste
rulesÐ
including
Minnesota's
regulation
of
the
generators,
transporters
and
facilities.
However,
this
authority
is
limited
in
a
manner
such
that
Minnesota
may
not
grant
a
variance
which
would
result
in
noncompliance
with
the
federal
hazardous
waste
regulations.
Any
appropriate
variance
validly
issued
pursuant
to
the
state's
authorized
RCRA
program
would
be
immediately
applicable
pursuant
to
RCRA
and
therefore
federally
enforceable.
In
order
for
such
a
variance
to
be
immediately
federally
enforceable,
thus
replacing
the
current
authorized
requirements,
it
would
have
to
meet
the
substantive
criteria
of
Minn.
R.
7045.0060
(i.
e.,
not
result
in
noncompliance
with
the
EPA
regulations);
in
this
case,
that
would
mean
that
the
variance
would
have
to
incorporate
all
of
the
conditions
which
are
the
same
as
those
identified
in
new
part
266,
subpart
N.
Another
mechanism
that
Minnesota
has
indicated
it
might
use
to
implement
new
part
266,
subpart
N
is
the
Minnesota
Environmental
Regulatory
Innovations
Act,
also
known
as
the
Minnesota
XL
statute
(MS
114C).
The
Minnesota
XL
statute
is
not
part
of
the
authorized
state
hazardous
waste
management
program,
and
without
itself
being
federally
approved
cannot
legally
change
or
vary
any
requirement
of
the
state's
federally­
approved
RCRA
program,
nor
would
it
have
any
legal
effect
on
the
applicable
RCRA
requirements
and
the
federal
or
citizen
suit
enforcement
authorities
provided
under
RCRA.
As
such,
it
would
not
affect
the
enforceability
of
the
requirements
of
today's
proposed
XL
rule
or
the
state­
issued
variance,
as
described
in
the
previous
paragraph.
The
Minnesota
XL
statute
allows
the
MPCA
to
issue
XL
permits
which
may
vary
the
substantive
requirements
of
state
rules
and
local
ordinance
as
a
method
of
implementing
XL
projects.
It
also
allows
the
State
to
substitute
the
specific
public
participation
requirements
of
the
XL
statute
for
those
detailed
in
MPCA
permit
rules.
The
statute
identifies
procedural
elements
which
include
a
draft
permit,
public
noticing
of
the
draft
permit,
a
public
comment
period
and
an
opportunity
for
a
hearing
prior
to
issuance
of
a
final
permit.
Once
a
permit
is
issued
it
may
be
revoked,
after
notice
and
an
opportunity
to
request
a
hearing,
and
for
specific
reasons,
including
significant
non­
compliance
with
the
permit.
Minnesota
has
indicated
that
it
could,
under
its
XL
statute,
issue
a
general
permit
to
the
category
of
generators
covered
by
today's
rule
and
a
specific
permit
to
USFRS.
As
specific
generators
are
approved
MPCA
believes
that
it
could
add
them
to
the
general
permit.
Minnesota
believes
that
the
conditions
imposed
upon
the
generators
and
USFRS
could
be
the
same
as
those
imposed
by
new
part
266,
subpart
N.
These
state
law
XL
permits
would
not
be
federally
enforceable,
and
thus
would
have
no
legal
effect
on
the
federal
applicability
and
enforceability
of
the
current
federally
authorized
rules,
today's
proposed
rule
(if
finalized)
or
the
variance
issued
by
the
state
pursuant
to
its
authorized
regulations,
until
the
State
receives
authorization
for
the
changes.
After
authorization
by
EPA,
these
State
XL
permits
would
be
federally
enforceable.
Whatever
instrument
the
State
selects
to
implement
the
federal
XL
project
it
must
be
one
that
is
clearly
federally
enforceable.

G.
How
Does
this
Rule
Comply
with
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks?
Executive
Order
13045,
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(62
FR
19885,
April
23,
1997)
applies
to
any
rule
that:
(1)
Is
determined
to
be
``
economically
significant,
''
as
defined
under
Executive
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/
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65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
Order
12866;
and
(2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
The
EPA
interprets
Executive
Order
13045
as
applying
only
to
those
regulatory
actions
that
are
based
on
health
or
safety
risks,
such
that
the
analysis
required
under
section
5±
501
of
the
Order
has
the
potential
to
influence
the
regulation.
This
proposed
rule
is
not
subject
to
Executive
Order
13045
because
it
is
not
economically
significant
as
defined
in
Executive
Order
12866
and
because
the
Agency
does
not
have
reason
to
believe
the
environmental,
health
or
safety
risks
addressed
by
this
action
present
a
disproportionate
risk
to
children.
The
proposed
rule
has
no
identifiable
direct
impact
upon
the
health
and/
or
safety
risks
to
children
and
adoption
of
the
proposed
regulatory
changes
would
not
disproportionately
affect
children.
Finally,
all
XL
projects
must
demonstrate
superior
environmental
performance.
Therefore,
EPA
anticipates
that
the
proposed
rulemaking
will
benefit
all
people,
including
children.
The
proposed
rulemaking
is
thus
in
compliance
with
the
intent
and
requirements
of
the
Executive
Order.

H.
How
Does
this
Rule
Comply
with
Executive
Order
13132
on
Federalism?
Executive
Order
13132,
entitled
``
Federalism''
(64
FR
43255),
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.
''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
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.
''
Under
section
6
of
Executive
Order
13132,
EPA
may
not
issue
a
regulation
that
has
federalism
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
State
and
local
governments,
or
EPA
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
This
proposed
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effect
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
The
requirements
outlined
in
today's
proposed
rule
would
apply
only
to
the
USFRS
facility
and
generators
and
transporters
of
USFRS
XL
waste
and
will
not
take
effect
unless
Minnesota
chooses
to
adopt
equivalent
legal
mechanisms
or
requirements
under
state
law.
Thus,
the
requirements
of
Section
6
of
the
Executive
Order
do
not
apply
to
this
rule.
Although
Section
6
of
Executive
Order
13132
does
not
apply
to
this
rule,
EPA
did
fully
coordinate
and
consult
with
State
and
local
officials
in
developing
this
rule.

I.
How
Does
this
Rule
Comply
with
Executive
Order
13084:
Consultation
and
Coordination
with
Indian
Tribal
Governments?
Under
Executive
Order
13084,
EPA
may
not
issue
a
regulation
that
is
not
required
by
statute,
that
significantly
or
uniquely
affects
the
communities
of
Indian
tribal
governments,
and
that
imposes
substantial
direct
compliance
costs
on
those
communities,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
the
tribal
governments
or
EPA
consults
with
those
governments.
If
EPA
complies
by
consulting,
Executive
Order
13084
requires
EPA
to
provide
to
the
Office
of
Management
and
Budget,
in
a
separately
identified
section
of
the
preamble
to
the
rule,
a
description
of
the
extent
of
EPA's
prior
consultation
with
representatives
of
affected
tribal
governments,
a
summary
of
the
nature
of
their
concerns,
and
a
statement
supporting
the
need
to
issue
the
regulation.
In
addition,
Executive
Order
13084
requires
EPA
to
develop
an
effective
process
permitting
elected
and
other
representatives
of
Indian
tribal
governments
``
to
provide
meaningful
and
timely
input
in
the
development
of
regulatory
policies
on
matters
that
significantly
or
uniquely
affect
their
communities.
''
Today's
proposed
rule
does
not
significantly
or
uniquely
affect
the
communities
of
Indian
tribal
governments.
EPA
anticipates
that
the
generators
who
will
take
advantage
of
this
rulemaking
will
be
in
Ramsey
and
Hennepin
Counties.
There
are
no
communities
of
Indian
tribal
governments
located
in
the
vicinity
of
Ramsey
and
Hennepin
Counties.
Further,
as
stated
above,
all
XL
projects
must
demonstrate
superior
environmental
performance.
Therefore,
EPA
anticipates
that
the
proposed
rulemaking
will
benefit
all
people,
including
any
Indian
Tribal
communities.
Accordingly,
the
requirements
of
section
3(
b)
of
Executive
Order
13084
do
not
apply
to
this
rule.

J.
Does
this
Rule
Comply
with
the
National
Technology
Transfer
and
Advancement
Act?
Section
12(
d)
of
NTTAA,
Public
Law
104±
113,
section
12(
d)
(15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
standards.
This
proposed
rulemaking
sets
alternative
handling
and
paperwork
requirements
for
certain
hazardous
wastes;
it
does
not
set
technical
standards.
EPA
is
not
considering
the
use
of
any
voluntary
consensus
standards.

List
of
Subjects
40
CFR
Part
261
Environmental
Protection,
Hazardous
Waste,
Recycling,
Reporting
and
Recordkeeping
Requirements.

40
CFR
Part
266
Environmental
Protection,
Hazardous
Waste,
Recycling,
Reporting
and
Recordkeeping
Requirements.

Dated:
August
4,
2000.
Carol
M.
Browner,
Administrator.

For
the
reasons
set
forth
in
the
preamble,
parts
261
and
266
of
Chapter
I
of
title
40
of
the
Code
of
Federal
Regulations
are
proposed
to
be
amended
as
follows:

PART
261Ð
IDENTIFICATION
AND
LISTING
OF
HAZARDOUS
WASTE
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.

Subpart
AÐ
General
2.
Section
261.6
is
amended
by
revising
paragraph
(a)(
2)
introductory
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/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
text
and
by
adding
paragraph
(a)(
2)(
v)
to
read
as
follows:

§
261.6
Requirements
for
recyclable
materials
(a)
*
*
*
(2)
The
following
recyclable
materials
are
not
subject
to
the
requirements
of
this
section
but
are
regulated
under
subparts
C
through
N
of
part
266
of
this
chapter
and
all
applicable
provisions
in
parts
270
and
124
of
this
chapter:
*
*
*
*
*
(v)
U.
S.
Filter
Recovery
Services
XL
waste
(subpart
N).
*
*
*
*
*

PART
266Ð
STANDARDS
FOR
THE
MANAGEMENT
OF
SPECIFIC
HAZARDOUS
WASTES
AND
SPECIFIC
TYPES
OF
HAZARDOUS
WASTE
MANAGEMENT
FACILITIES
1.
The
authority
citation
for
part
266
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6906,
6912,
6922±
6925,
6934
and
6937.
2.
Part
266
is
amended
by
adding
a
new
subpart
N
to
read
as
follows:

Subpart
NÐ
Standards
applicable
to
U.
S.
Filter
Recovery
Services
XL
waste
and
U.
S.
Filter
Recovery
Services,
Inc.

§
266.300
Purpose,
scope,
and
applicability.
The
purpose
of
this
subpart
is
to
implement
the
U.
S.
Filter
Recovery
Services
(USFRS)
eXcellence
in
Leadership
(XL)
Project.
Any
person
who
is
a
USFRS
XL
waste
generator
or
transporter
must
handle
the
USFRS
XL
waste
in
accordance
with
the
requirements
contained
within
this
subpart.
The
standards
and
requirements
of
this
subpart
also
apply
to
USFRS
and
its
facility
located
at
2430
Rose
Place,
Roseville,
Minnesota.
These
requirements
are
imposed
on
USFRS
in
addition
to
any
requirements
contained
in
its
RCRA
hazardous
waste
permit
or
other
applicable
state
or
federal
law.
USFRS
XL
waste
generators
and
transporters
are
not
required
to
comply
with
the
requirements
of
40
CFR
261.5,
parts
262
through
266
(except
this
subpart
N),
parts
268,
270,
273
and
279
provided
they
manage
USFRS
XL
waste
in
compliance
with
the
requirements
of
this
subpart
N.

§
266.301
Definitions.
County
Environmental
Agencies
or
County
Agencies
means
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
or
Washington
in
Minnesota.
USFRS
means
U.
S.
Filter
Recovery
Services,
Inc.
whose
principal
place
of
business
for
the
purposes
of
these
rules
is
2430
Rose
Place,
Roseville,
Minnesota.
USFRS
XL
Waste
means
one
or
more
USFRS
used
water
treatment
resin
canisters
and
their
contents
from
a
USFRS
XL
waste
generator
located
within
the
State
of
Minnesota.
USFRS
XL
waste
includes
the
ion
exchange
resins,
the
wastes
contained
on
or
within
the
ion
exchange
resins
and
any
other
wastes
contained
within
the
water
treatment
resin
canisters.
USFRS
XL
waste
also
includes
spills
of
XL
waste
which
are
handled
in
accordance
with
the
requirements
in
this
subpart.
USFRS
XL
waste
is
limited
to
wastes
which
are
derived
from
processes
subject
to
the
EPA
F006
waste
code
designation
(i.
e.
waste
water
treatment
sludges
from
specified
electroplating
operations).
These
wastes
may
also
exhibit
a
characteristic
of
hazardous
waste
as
a
result
of
the
operations
of
a
particular
company.
This
definition
includes
only
those
ion
exchange
resin
canisters
which
result
in
reuse
of
substantially
all
of
the
treated
waste
waters
in
the
industrial
process.
This
definition
does
not
include
those
ion
exchange
resins
canisters
which
result
in
the
disposal
of
the
treated
waste
waters,
without
any
reuse
of
the
treated
waste
waters
in
the
industrial
process.
This
definition
does
not
include
wastes
that
were
generated
prior
to
the
date
a
generator
is
added
to
this
USFRS
XL
Project.
USFRS
XL
waste
shall
be
identified
by
the
waste
code
XL001.
USFRS
XL
Waste
Application
Form
means
the
form
approved
by
EPA
and
Minnesota
Pollution
Control
Agency
(MPCA)
as
part
of
the
USFRS
XL
Waste
Project
or
subsequently
modified
by
USFRS
and
approved
by
EPA
and
MPCA
and
used
for
characterization
of
the
chemical
constituents
of
a
person's
USFRS
XL
waste.
The
USFRS
XL
Waste
Application
Form
shall
include
all
attachments
by
USFRS
or
the
applicant,
including
but
not
limited
to,
the
USFRS
Site
Engineering
Form,
Systems
Engineering
Form
and
any
waste
analysis.
USFRS
XL
Waste
Approved
Customer
means
only
those
persons
located
in
Minnesota
who
have
properly
identified
their
wastes
and
processes
on
the
USFRS
XL
waste
application
form;
have
not
been
excluded
by
EPA,
MPCA
or
the
County
Agencies
from
participation
in
the
USFRS
XL
waste
project;
have
signed
the
USFRS
XL
waste
Final
Project
Agreement
(FPA);
have
certified
that
they
have
read
and
understand
the
USFRS
XL
waste
training
module;
and
have
not
generated
USFRS
XL
wastes.
USFRS
XL
waste
approved
transporter
means
a
transporter
located
within
the
State
of
Minnesota
who
has
a
satisfactory
safety
rating
from
the
United
States
Department
of
Transportation
(USDOT)
in
the
last
year;
has
not
been
excluded
by
EPA,
MPCA
or
the
County
Agencies
from
participation
in
the
USFRS
XL
waste
project;
has
signed
the
USFRS
XL
waste
FPA;
and
has
signed
a
certification
that
it
has
been
trained
by
USFRS
on
the
proper
handling
of
USFRS
XL
wastes
and
understands
its
responsibilities
under
this
subpart.
USFRS
XL
Waste
Facility
or
USFRS
Facility
means
the
U.
S.
Filter
Recovery
Service,
Inc.
operations
located
at
2430
Rose
Place,
Roseville,
Minnesota.
USFRS
XL
Waste
Final
Project
Agreement
(FPA)
means
the
agreement
signed
by
USFRS,
EPA,
MPCA,
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
and
Washington
in
Minnesota,
Pioneer
Transport
and
USFRS
XL
waste
customers,
generators
and
transporters.
The
FPA
may
be
modified
to
add
or
delete
participants,
subject
to
the
approval
of
EPA
and
MPCA.
USFRS
XL
Waste
Generator
means
a
USFRS
XL
waste
approved
customer
who
generates
or
generated
USFRS
XL
waste.
USFRS
XL
Waste
Project,
USFRS
XL
Project
or
XL
Project
means
the
program
identified
in
the
Final
Project
Agreement
and
this
part
for
the
generation,
transportation
and
subsequent
treatment,
storage
and
disposal
of
USFRS
XL
waste.
USFRS
XL
waste
training
module
means
the
recorded
training
program
approved
by
EPA
and
MPCA
as
part
of
the
USFRS
XL
Waste
Project
or
subsequently
modified
by
USFRS
and
approved
by
EPA
and
MPCA
and
developed
by
USFRS
for
the
purpose
of
informing
USFRS
XL
waste
approved
customers,
generators
and
transporters
of
the
special
requirements
imposed
on
them
by
this
part
and
the
proper
method
of
handling
USFRS
XL
wastes.
USFRS
XL
Waste
Transportation
Tracking
Document
means
the
Transportation
Tracking
Document
developed
by
USFRS
which
was
approved
by
EPA
and
the
MPCA
as
part
of
the
USFRS
XL
Waste
Project
or
subsequently
modified
by
USFRS
and
approved
by
EPA
and
MPCA;
and
used
when
USFRS
XL
waste
is
transported
off­
site
from
a
generator.
USFRS
XL
Waste
Transporter
means
USFRS
or
a
USFRS
XL
waste
approved
transporter
who
transports
USFRS
XL
waste.

§
266.
302
Procedures
for
adding
persons
as
generators
to
EPA's
USFRS
XL
Project.
(a)
Any
person
who
wishes
to
participate
in
the
USFRS
XL
Project
as
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17,
2000
/
Proposed
Rules
a
generator
must
obtain
the
approval
of
the
EPA
and
the
Minnesota
Pollution
Control
Agency
(MPCA).
The
approval
of
the
County
Agency
is
also
required
if
that
person
will
generate
USFRS
XL
waste
at
a
location
in
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
or
Washington,
Minnesota.
The
procedures
identified
in
this
subpart
are
to
be
followed
to
obtain
EPA
approval
to
add
a
person
to
the
federal
USFRS
XL
Project.
USFRS
and
a
proposed
generator
must
also
comply
with
the
procedures
identified
by
the
MPCA,
and
appropriate
County
Agencies.
A
person
may
not
be
added
to
the
federal
USFRS
XL
Project
unless
it
has
the
approval
of
EPA,
MPCA
and
as
appropriate
the
County
Agencies.
(b)
USFRS
is
the
only
entity
which
may
propose
to
add
a
person
as
a
generator
to
the
USFRS
XL
Project.
USFRS
may
propose
to
EPA
to
add
persons
to
the
USFRS
XL
Project
at
any
time
provided,
USFRS
complies
with
the
requirements
of
this
section.
Prior
to
being
considered
a
USFRS
XL
waste
generator,
a
person
must
first
be
approved
as
a
USFRS
XL
waste
approved
customer.
Only
a
USFRS
XL
waste
approved
customer
may
become
a
USFRS
XL
waste
generator.
A
person
becomes
a
USFRS
XL
waste
generator
after
it
first
generates
or
causes
USFRS
XL
waste
to
be
regulated.
(c)
USFRS
will
conduct
a
preliminary
evaluation
of
any
person
it
wishes
to
propose
to
EPA
to
add
to
the
USFRS
XL
Project
as
a
generator.
USFRS
will
complete
this
preliminary
evaluation
prior
to
proposing
to
EPA
to
add
such
a
person
to
the
USFRS
XL
Project.
The
preliminary
evaluation
will
consist
of
the
following
activities:
USFRS
will
require
any
person
who
wishes
to
become
a
USFRS
XL
waste
generator
to
complete
and
sign
the
USFRS
XL
Waste
Application
Form;
USFRS
will
complete
the
waste
characterization
required
by
40
CFR
266.306(
b);
USFRS
will
evaluate
the
person's
storage
area
for
the
USFRS
XL
waste
to
determine
whether
it
meets
the
standards
of
this
subpart
N;
and
USFRS
will
provide
the
person
with
a
copy
of
the
USFRS
XL
waste
MSDS,
FPA
and
training
module.
(d)
After
successfully
completing
the
activities
identified
in
paragraph
(c)
of
this
section,
USFRS
will
provide
EPA
with
the
name
and
such
other
information
as
the
Agency
may
require
to
determine
if
a
person
may
participate
in
the
USFRS
XL
Project
as
a
generator.
USFRS
will
propose
for
inclusion
into
the
USFRS
XL
Project
only
those
person(
s)
whose
wastes
are
compatible
with
the
ion
exchange
process
and
canisters,
whose
storage
area
meets
the
standards
in
this
subpart
N,
and
whose
process
will
be
able
to
reuse
substantially
all
of
its
waste
water.
EPA's
approval
shall
be
effective
within
twenty
one
days
of
EPA's
receipt
of
USFRS's
written
notice
proposing
to
add
a
person
to
the
USFRS
XL
Project
unless
EPA,
within
that
time
period,
provides
USFRS
with
a
written
notice
rejecting
such
person.
(e)
After
securing
the
approval
of
EPA,
MPCA
and
the
County
Agencies,
USFRS
shall
notify
the
person
it
proposed
to
add
to
the
USFRS
XL
Project
in
writing
that
it
is
approved
for
participation
in
the
USFRS
XL
Project.
USFRS
will
assign
to
that
person
a
unique
client
number
and
waste
profile
number
for
each
waste
stream
approved
for
this
XL
project.
USFRS
will
obtain
from
that
person
a
copy
of
the
signed
USFRS
XL
waste
FPA
and
a
certification
that
it
has
read
and
agrees
to
follow
the
USFRS
XL
waste
training
module.
USFRS
shall
also
ensure
that
as
part
of
this
certification
the
approved
customer
identifies
its
contact
person
as
required
by
40
CFR
266.308(
h).
Upon
request
by
EPA,
USFRS
will
provide
EPA
with
a
copy
of
the
signed
documents
or
other
documents
it
requests.
(f)
USFRS
will
accept
USFRS
XL
waste
only
from
those
persons
who
have
received
the
approval
of
EPA,
MPCA
and,
as
appropriate,
the
County
Agencies
and
who
have
signed
the
USFRS
XL
Project
FPA
and
the
certification
identified
in
paragraph
(e)
of
this
section.
A
person's
participation
in
this
USFRS
XL
Project
is
effective
after
EPA,
MPCA
and,
as
appropriate,
the
County
Agency
approve
of
them
and
on
the
date
that
USFRS
receives
the
signed
USFRS
XL
waste
FPA
and
certification.
At
that
time
the
person
is
a
USFRS
XL
waste
approved
customer.
A
USFRS
XL
waste
approved
customer
becomes
a
USFRS
XL
waste
generator
when
it
first
generates
or
causes
USFRS
wastes
to
be
regulated.
A
USFRS
XL
waste
generator
must
handle
all
USFRS
XL
wastes
generated
after
the
effective
date
of
it
being
added
to
the
USFRS
XL
Project
in
accordance
with
the
provisions
of
this
subpart
N.
USFRS
XL
waste
that
is
generated
prior
to
this
date
is
not
subject
to
this
subpart
N
and
it
must
be
handled
according
to
the
appropriate
hazardous
waste
characterization
for
that
waste,
(e.
g.,
F006
and
any
other
applicable
waste
code).
(g)
USFRS
will
require
a
USFRS
XL
waste
approved
customer
and
generator
to
update
the
USFRS
XL
waste
application
form
prior
to
it
adding
to
or
modifying
the
waste
streams
or
processes
it
identified
on
its
initial
USFRS
XL
waste
application
form.
USFRS
will
notify
EPA,
MPCA
and
as
appropriate,
the
County
Agencies
whenever
a
customer
or
generator
notifies
USFRS
that
it
has
or
will
add
or
modify
waste
streams
or
processes.
EPA
will
notify
USFRS
if
any
further
EPA
approvals
are
required.

§
266.
303
Procedures
for
adding
persons
as
transporters
to
EPA's
USFRS
XL
Project.
(a)
Any
person
who
wishes
to
participate
in
the
USFRS
XL
Project
as
a
transporter
must
obtain
the
approval
of
the
EPA
and
the
MPCA.
The
approval
of
the
County
Agencies
is
also
required
if
that
person's
principal
place
of
business
is
located
in
the
counties
of
Anoka,
Carver,
Dakota,
Hennepin,
Ramsey,
Scott
or
Washington.
The
procedures
identified
in
this
subpart
are
to
be
followed
to
obtain
EPA
approval
to
add
a
person
as
a
transporter
to
the
federal
USFRS
XL
Project.
USFRS
and
a
proposed
transporter
must
also
comply
with
the
procedures
identified
by
the
MPCA,
and
as
appropriate
the
County
Agencies.
A
person
may
not
be
added
to
the
federal
USFRS
XL
Project
unless
it
has
received
the
approval
of
EPA,
MPCA
and
as
appropriate
the
County
Agencies.
(b)
USFRS
is
the
only
entity
which
may
propose
to
EPA
to
add
a
person
as
a
transporter
to
the
USFRS
XL
Project.
(c)
USFRS
and
Pioneer
Transport
are
approved
USFRS
XL
waste
transporters.
USFRS
may
propose
to
EPA
to
add
other
persons
as
USFRS
XL
waste
transporters
provided
USFRS
complies
with
the
requirements
of
this
section.
USFRS
will
conduct
a
preliminary
evaluation
of
any
person
who
it
proposes
to
add
as
a
USFRS
XL
waste
transporter.
As
part
of
that
preliminary
evaluation
USFRS
will
ascertain
whether
the
transporter
has
a
valid
EPA
identification
number,
a
valid
Minnesota
hazardous
materials
registration
(``
Minnesota
registration'')
and
a
satisfactory
safety
rating
from
USDOT
within
the
last
year.
(d)
After
successfully
completing
the
activities
identified
in
paragraph
(c)
of
this
section,
USFRS
will
provide
EPA
with
the
name
of
the
transporter,
the
unique
USFRS
client
identification
number
for
the
transporter,
the
results
of
its
preliminary
evaluation
identified
in
paragraph
(c)
of
this
section,
and
other
information
as
EPA
may
require
to
determine
if
that
person
may
participate
in
the
USFRS
XL
Project.
USFRS
will
propose
for
inclusion
into
the
USFRS
XL
Project
only
those
person(
s)
who
have
a
satisfactory
safety
rating
from
USDOT.
EPA's
approval
shall
be
effective
within
twenty
one
days
of
its
receipt
of
USFRS's
written
notice
proposing
to
add
a
person
to
the
USFRS
XL
Project
unless
EPA,
within
that
time
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
period,
provides
USFRS
with
a
written
notice
rejecting
such
person.
(e)
After
receiving
the
approval
of
EPA,
MPCA
and
as
appropriate
the
County
Agencies
USFRS
shall
notify
the
person
in
writing
that
it
is
approved
for
participation
in
the
USFRS
XL
Project.
USFRS
will
obtain
from
that
person
a
copy
of
the
signed
USFRS
XL
waste
FPA
and
a
certification
that
it
has
been
trained
by
USFRS
on
the
proper
handling
of
USFRS
XL
wastes
and
understands
its
responsibilities
under
this
subpart
N.
(f)
USFRS
will
allow
only
USFRS
XL
approved
transporters
to
transport
USFRS
XL
wastes.
A
person's
participation
in
this
USFRS
XL
Project
is
effective
after
it
receives
the
approval
of
EPA,
MPCA
and
the
County
Agencies,
as
appropriate,
and
on
the
date
that
USFRS
receives
the
signed
USFRS
XL
waste,
FPA
and
certification.
A
USFRS
XL
waste
approved
transporter
becomes
a
USFRS
XL
waste
transporter
when
it
first
transports
or
accepts
for
transport
USFRS
XL
waste.
(g)
USFRS
will
require
a
USFRS
XL
waste
approved
transporter
or
USFRS
XL
waste
transporter
to
notify
it
of
any
change
in
its
rating
from
USDOT,
its
Minnesota
registration
or
its
EPA
identification
number.
USFRS
will
notify
EPA,
MPCA
and,
the
appropriate
County
Agencies
in
writing
of
any
such
changes.
EPA
will
notify
USFRS
in
writing
of
any
additional
information
or
steps
that
may
be
required
as
a
result
of
such
changes.

§
266.304
USFRS
requirements
related
to
the
development,
use
and
content
of
USFRS
XL
Waste
Training
Module.

(a)
USFRS
will
develop,
implement
and
maintain
a
USFRS
XL
Waste
Training
Module.
USFRS
will
provide
this
training
module
to
every
person
who
applies
for
participation
in
the
USFRS
XL
Project.
USFRS
may
use
any
recorded
communication
media
that
is
appropriate
for
communicating
the
requirements
of
this
subpart
(e.
g.,
printed
brochures,
videos,
etc.).
(b)
The
Training
Module
will,
at
a
minimum,
identify
the
hazards
presented
by
the
USFRS
XL
waste:
for
generators,
explain
how
to
handle
the
installation
and
replacement
of
the
ion
exchange
resin
canisters;
and
explain
the
requirements
imposed
on
the
generator
or
transporter
pursuant
to
this
part.
(c)
USFRS
shall
submit
this
training
module
to
EPA
for
approval
prior
to
accepting
the
first
shipment
of
USFRS
XL
wastes.
§
266.305
USFRS
requirements
relative
to
the
development,
use
and
content
of
USFRS
XL
Waste
MSDS.

USFRS
will
develop
a
material
safety
data
sheet
(MSDS)
for
the
resins
contained
in
the
USFRS
XL
waste.
The
MSDS
will
comply
with
the
requirements
for
MSDS
imposed
by
the
Occupational
Safety
and
Health
Administration
(OSHA).
USFRS
will
provide
a
copy
of
this
MSDS
to
every
person
who
applies
for
participation
in
the
USFRS
XL
Project.
USFRS
will
ensure
that
the
MSDS
prominently
instructs
individuals
in
the
proper
handling
and
emergency
response
procedures
for
spills
or
leaks
of
the
USFRS
XL
wastes.

§
266.306
Waste
characterization.

(a)
Submission
of
USFRS
XL
Waste
Application
Form
by
USFRS
XL
Waste
Generator.
A
person
who
proposes
to
participate
in
the
USFRS
XL
Project
as
a
generator
of
USFRS
XL
wastes
must
properly
identify
the
wastes
and
processes
which
contribute
to
the
production
of
the
USFRS
XL
waste
at
its
company.
For
the
purposes
of
this
subpart
N
it
shall
identify
only
those
waste
streams
which
meet
the
F006
listing
and
shall
identify
them
on
the
USFRS
XL
waste
application
form.
It
shall
complete
and
submit
to
USFRS
the
USFRS
XL
Waste
Application
Form.
It
shall
update
and
submit
to
USFRS
the
XL
Waste
Application
prior
to
changing
any
process
which
contributes
to
the
USFRS
XL
waste
it
generates.
(b)
USFRS
Waste
Profile
Analyses.
For
any
person
which
USFRS
proposes
to
add
to
the
USFRS
XL
Project
as
a
generator,
USFRS
will
perform
a
waste
profile
analysis
of
the
waste
stream(
s)
and
process(
es)
which
will
contribute
to
the
USFRS
XL
waste
at
that
company.
USFRS
will
update
such
analyses
whenever
a
USFRS
XL
waste
generator
notifies
USFRS
of
a
change
or
modification
to
its
waste
stream
or
process
contributing
to
its
USFRS
XL
waste.
USFRS
will
include
in
the
waste
profile
analysis
a
complete
chemical
analysis
of
the
waste
stream(
s)
and
a
determination
of
its
compatibility
with
the
ion
exchange
resin
process
and
canisters.
USFRS
shall
complete
such
analysis
in
accordance
with
the
testing
methods
identified
in
the
waste
analysis
plan
contained
within
its
RCRA
hazardous
waste
permit.
USFRS
shall
assign
to
each
generator
a
unique
customer
identification
number
and
waste
profile
number.

§
266.307
USFRS
XL
waste
identification,
handling,
and
recycling.

(a)
USFRS
XL
waste
will
be
denoted
by
the
hazard
waste
code
XL001
while
it
is
handled
by
the
USFRS
XL
waste
generator
or
transporter.
At
the
USFRS
facility,
the
USFRS
XL
waste
will
be
denoted
by
the
waste
code(
s)
it
would
have
had
at
the
generator
but
for
its
characterization
as
USFRS
XL
waste
(i.
e.,
F006
and
any
other
applicable
characteristic
waste
code).
USFRS
and
others
who
may
receive
residuals
from
the
USFRS
XL
waste
will
handle
the
USFRS
XL
waste
and
residuals
according
to
the
wastes
code(
s)
it
would
have
had
at
the
generator
(i.
e.,
F006
and
the
appropriate
characteristic
hazardous
waste
code)
and
not
according
to
the
XL001
designation.
USFRS
shall
handle
the
USFRS
XL
waste
at
its
facility
in
accordance
with
its
State
issued
RCRA
hazardous
waste
permit
and
any
applicable
Federal
requirements.
(b)
USFRS
may
not
accept
any
customers
into
this
Project
unless
and
until
it
has
arranged
for
recycling
of
the
metals
contained
in
the
XL001
wastes
it
receives.
USFRS
shall
continue
to
recycle
the
metals
contained
in
the
XL001
waste
it
receives
throughout
the
duration
of
the
XL
Project.
(c)
USFRS
shall
identify
a
spill
response
coordinator
at
its
facility.
This
person
shall
be
responsible
for
coordinating
the
proper
response
to
any
spill,
leaks
or
emergencies
of
USFRS
XL
wastes
at
the
generator
or
during
transport.
He
will
also
be
responsible
for
receiving
the
calls
from
the
generators
and
transporters
required
by
this
subpart
N
for
such
spills,
leaks
or
emergencies.

§
266.308
Accumulation
and
storage
prior
to
off­
site
transport.
A
USFRS
waste
generator
may
store
its
USFRS
XL
waste
on­
site
for
less
than
90
days,
provided
it
complies
with
the
following:
(a)
Condition
and
use
of
containers.
Except
as
provided
in
paragraph
(e)
of
this
section,
the
USFRS
waste
generator
will
store
the
USFRS
XL
waste
in
the
USFRS
water
treatment
resin
canisters.
At
the
time
it
places
the
canister
in
storage
it
will
ensure
that
the
water
treatment
resin
canisters
are
disconnected
from
any
processes
and
are
sealed.
It
will
ensure
that
the
USFRS
XL
wastes
are
not
mixed
with
other
solid
wastes.
It
will
affix
to
the
canisters
a
warning
statement
containing
the
information
presented
in
paragraph
(c)
of
this
section.
(b)
Condition
of
storage
area.
It
will
store
the
USFRS
XL
waste
on
an
impervious
surface.
The
USFRS
waste
generator
will
store
the
USFRS
XL
waste
separately
from
other
wastes
or
materials
and
will
ensure
that
there
is
adequate
aisle
space
to
determine
the
condition
of
the
USFRS
XL
waste
and
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
to
notice
and
respond
to
any
leaks
of
USFRS
XL
waste.
(c)
Pre­
transport
requirements.
It
will
place
the
following
warning
statement
prominently
on
the
USFRS
XL
waste
XL001
wastesÐ
USFRS
ion
exchange
resin
canister
wastesÐ
Federal
Law
Prohibits
Improper
Disposal.
This
is
USFRS
XL
waste
from
(insert
XL
waste
generator's
name).
Handle
as
a
hazardous
waste
and
ship
only
to
USFRS
located
at
2430
Rose
Place,
Roseville,
MN.
This
waste
was
placed
in
this
container
on
(date)
and
placed
in
storage
at
(insert
USFRS
XL
waste
generator's
name)
on
(insert
date).
If
found,
contact
USFRS
and
the
nearest
police,
public
safety
authority,
EPA
or
MPCA.
The
USFRS
telephone
number
is
(insert
phone
number).
USFRS
Transportation
Tracking
Document
Number
ll
''.
If
spilled
immediately
contain
the
spill
and
prevent
it
from
going
into
any
water
body;
collect
the
spilled
material
and
place
in
a
55
gallon
steel
drum;
contact
USFRS
and
the
nearest
police,
public
safety
authority,
EPA
or
MPCA.
(d)
Inspections.
The
USFRS
waste
generator
will
inspect
the
condition
of
the
USFRS
XL
waste
weekly
while
it
is
in
storage
at
its
company.
It
will
maintain
a
log
of
these
inspections.
The
log
will
indicate
the
date
the
USFRS
XL
waste
was
placed
in
storage,
the
condition
of
the
water
treatment
resin
canister
at
that
time,
the
date(
s)
of
the
inspection,
the
person
conducting
the
inspection,
and
the
condition
of
the
water
treatment
resin
canisters
and
the
storage
area
at
the
time
of
the
inspection.
(e)
Response
to
spills
or
leaks.
The
USFRS
waste
generator
will
immediately
contain
and
collect
any
spill
or
leak
of
USFRS
XL
wastes.
It
will
orally
notify
USFRS,
and
the
duty
officer
at
MPCA
(Non­
metro:
1±
800±
422±
0798;
Metro:
651±
649±
5451)
within
24
hours
of
discovery
of
the
spill
or
leak.
It
will
place
any
spilled
or
leaked
materials
in
a
55
gallon
steel
drum
compatible
with
the
USFRS
XL
wastes
and
comply
with
the
requirements
of
paragraphs
(a)
to
(c)
of
this
section.
It
will
arrange
with
USFRS
for
the
disposal
of
that
spilled
or
leaked
material
with
the
next
shipment
of
USFRS
XL
wastes
from
its
company.
If
allowed
by
the
local
POTW
it
may
discharge
any
leaked
or
spilled
water
to
its
permitted
drainage
system.
Otherwise,
such
wasters
will
be
sent
to
USFRS.
(f)
Decontamination
of
storage
area.
The
USFRS
waste
generator
will
decontaminate
all
areas,
equipment
or
soils
used
for
or
contaminated
with
USFRS
XL
waste
no
later
than
the
dates
provided
in
section
§§
266.312,
266.314
and
266.315.
(g)
USFRS
XL
Waste
MSDS.
It
shall
maintain
and
exhibit
in
a
prominent
location
the
USFRS
MSDS.
It
shall
provide
a
copy
of
the
USFRS
XL
waste
MSDS
to
all
local
entities
responsible
for
responding
to
releases
of
hazardous
materials
or
wastes,
(e.
g.,
local
police
and
fire
departments,
hospitals,
etc.).
It
shall
retain
documentation
of
its
efforts
to
comply
with
this
paragraph
(g).
(h)
Contact
person.
No
later
than
the
date
that
it
signs
the
FPA
it
will
designate
to
USFRS
a
person
who
is
responsible
for
handling
its
USFRS
XL
waste
and
its
compliance
with
this
subpart.
That
person
shall
complete
training
for
the
proper
handling
of
USFRS
XL
waste
and
shall
certify
that
he
has
read
and
understands
the
requirements
imposed
by
this
subpart
N
and
the
USFRS
XL
waste
training
module.
That
person
shall
also
be
responsible
for
responding
to
spills
or
leaks
at
the
generator.
(i)
Communication
devices.
It
shall
have
an
operating
communication
device
(e.
g.,
telephone,
alarm,
etc.)
which
allows
the
contact
person
to
notify
the
appropriate
state,
local
and
federal
officials
and
local
hospitals
and
company
personnel
in
case
of
an
emergency.

§
266.309
USFRS
XL
waste
transporter
pre­
transport
requirements.

A
USFRS
XL
waste
transporter
will
ensure
that
the
USFRS
XL
waste
is
withinan
approved
container
which
prominently
displays
the
following
warning
statement:
XL001
wastesÐ
USFRS
ion
exchange
resin
canister
wastesÐ
Federal
Law
Prohibits
Improper
Disposal.
This
is
USFRS
XL
waste
from
(insert
XL
waste
generator's
name).
Handle
as
a
hazardous
waste
and
ship
only
to
USFRS
located
at
2430
Rose
Place,
Roseville,
MN.
This
waste
was
placed
in
this
container
on
(date)
and
placed
in
storage
at
(insert
USFRS
XL
waste
generator's
name)
on
(insert
date).
If
found,
contact
USFRS
and
the
nearest
police,
public
safety
authority,
MPCA
or
EPA.
The
USFRS
telephone
number
is
(insert
phone
number).
USFRS
Transportation
Tracking
Document
Number
ll
''.
If
spilled
immediately
contain
the
spill
and
prevent
it
from
going
into
any
water
body;
collect
the
spilled
material
and
place
in
a
55
gallon
steel
drum;
contact
USFRS
and
the
nearest
police,
public
safety
authority,
EPA
or
MPCA.

§
266.310
USFRS
XL
Waste
Transport
and
Transportation
Tracking
Document.

A
USFRS
XL
Transportation
Tracking
Document
and
USFRS
XL
Waste
MSDS
will
accompany
every
shipment
of
USFRS
XL
waste
from
a
USFRS
XL
waste
generator
off­
site.
Each
canister
will
have
the
warning
statement
required
by
§§
266.308(
c)
and
266.309
affixed
to
it.
USFRS,
and
the
USFRS
XL
waste
generator
and
transporter
shall
comply
with
the
following
requirements:
(a)
USFRS.
USFRS
will
require
each
USFRS
XL
waste
generator
to
contact
USFRS
to
arrange
for
the
transportation
of
the
USFRS
XL
waste.
USFRS
will
contact
and
use
only
USFRS
XL
waste
transporters
to
transport
the
USFRS
XL
waste.
USFRS
will
arrange
for
the
USFRS
XL
waste
transporter
to
pick­
up
the
USFRS
XL
waste
within
30
days
of
a
USFRS'
receipt
of
a
request
from
a
USFRS
XL
waste
generator
for
such
services.
USFRS
will
complete
and
send
to
the
USFRS
XL
waste
generator
the
USFRS
XL
waste
Transportation
Tracking
Document
and
warning
statement
identified
in
§§
266.308(
c)
and
266.309
prior
to
the
arrival
of
the
transporter
at
the
generator.
USFRS
will
include
on
the
Transportation
Tracking
Document
all
information
EPA
determines
is
required
to
comply
with
this
subpart
N.
USFRS
will
direct
the
USFRS
XL
waste
transporter
to
ship
the
USFRS
XL
waste
to
its
facility
at
2430
Rose
Place,
Roseville,
Minnesota
within
30
days
of
its
pick­
up
from
a
USFRS
XL
waste
generator.
If
a
shipment
is
not
received
within
30
days,
USFRS
will
contact
the
transporter
to
determine
the
disposition
of
the
load.
If
USFRS
does
not
receive
the
shipment
within
5
days
of
its
scheduled
arrival
date,
it
will
notify
EPA,
MPCA,
the
USFRS
XL
generator
and
as
appropriate
the
County
Agencies.
USFRS
will
send
a
copy
of
the
Transportation
Tracking
Document
to
the
USFRS
XL
waste
generator
within
5
days
of
USFRS'
receipt
of
the
XL001
waste
from
the
transporter.
(b)
USFRS
XL
waste
generators.
A
USFRS
XL
waste
generator
must
contact
USFRS
for
the
off­
site
transport,
treatment,
storage
or
disposal
of
USFRS
XL
wastes.
A
USFRS
waste
generator
will
use
only
a
USFRS
XL
waste
transporter
to
transport
the
USFRS
XL
waste
to
the
USFRS
Roseville,
Minnesota
facility
located
at
2430
Rose
Place.
It
must
verify
the
accuracy
of
the
USFRS
XL
Waste
Transportation
Tracking
Document
and
warning
statement,
make
any
corrections
to
them
that
are
necessary
and
sign
the
Transportation
Tracking
Document.
It
must
affix
the
warning
statement
to
each
canister
and
provide
a
copy
of
the
USFRS
XL
Waste
Transportation
Tracking
Document
and
USFRS
XL
waste
MSDS
to
the
USFRS
XL
waste
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50307
Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
transporter
at
the
time
it
provides
the
transporter
with
the
USFRS
XL
waste.
(c)
USFRS
XL
waste
transporter.
A
USFRS
XL
waste
transporter
shall
verify
the
accuracy
of
the
information
contained
on
the
USFRS
XL
Waste
Transportation
Tracking
Document
and
on
the
canister
warning
statement.
It
shall
sign
and
date
the
USFRS
Transportation
Tracking
Document
for
each
shipment
of
USFRS
XL
waste
it
transports
and
carry
it
with
each
shipment
that
it
carries.
It
shall
carry
the
USFRS
XL
waste
MSDS
with
each
shipment.
It
shall
pick­
up
each
shipment
of
USFRS
XL
waste
within
30
days
of
it
receiving
a
request
for
such
services
from
USFRS.
It
shall
deliver
each
shipment
of
USFRS
XL
waste
to
the
USFRS
Roseville,
Minnesota
facility
located
at
2430
Rose
Place
within
30
days
of
it
being
picked­
up
at
a
USFRS
XL
waste
generator.
A
USFRS
transporter
may
store
XL
waste
for
no
more
than
10
days
at
a
transfer
facility
without
being
subject
to
regulation
under
40
CFR
parts
264,
265,
268,
and
270
for
the
storage
of
those
wastes.

§
266.311
Releases
of
USFRS
XL
waste
during
transport.
In
the
event
of
a
release
of
USFRS
XL
waste
during
transportation,
a
USFRS
XL
waste
transporter
must
take
appropriate
immediate
action
to
protect
human
health
and
the
environment,
including
preventing
the
spilled
material
from
entering
a
water
system
or
a
water
body.
The
USFRS
XL
waste
transporter
also
must
comply
with
the
provisions
of
§
263.31.
The
USFRS
XL
waste
transporter
will
contact
USFRS
and
the
nearest
police,
public
safety
authority,
EPA
or
MPCA,
provide
any
emergency
responder
with
a
copy
of
the
USFRS
XL
waste
MSDS,
handle
the
spilled
material
in
accordance
with
the
USFRS
XL
waste
MSDS
and
the
direction
of
any
governmental
entity
charged
with
emergency
response
authority;
and
transport
any
spilled
USFRS
XL
waste
and
contaminated
soils
or
equipment
to
the
USFRS
facility
located
at
2430
Rose
Place,
Roseville,
Minnesota
in
a
metal
55
gallon
drum
compatible
with
the
wastes.

§
266.312
USFRS
XL
Waste
Generator
Closure.
(a)
Generator
responsibilities.
At
the
time
of
termination
of
a
USFRS
XL
generator's
participation
in
the
USFRS
XL
Project,
the
USFRS
XL
waste
generator
will
disconnect
its
process(
es)
from
the
water
treatment
resin
canisters;
implement
the
alternative
treatment
or
disposal
required
by
§
266.313;
arrange
for
the
transport
to
USFRS
of
all
USFRS
XL
waste
that
it
has
in
storage;
decontaminate
any
contamination
resulting
from
the
storage
or
handling
of
USFRS
XL
waste;
and
document
its
efforts
to
comply
with
this
closure
requirement.
(b)
USFRS
responsibilities.
Prior
to
termination
of
a
USFRS
XL
waste
generator's
participation
in
the
USFRS
XL
Waste
Project
USFRS
will
remove
all
of
the
USFRS
XL
waste
in
the
generator's
storage
area.
USFRS
will
inspect
the
USFRS
XL
waste
generator
to
determine
if
all
USFRS
XL
wastes
have
been
removed
and
to
document
the
condition
of
the
USFRS
XL
waste
storage
area.
USFRS
will
provide
a
written
summary
to
the
customer,
EPA,
MPCA
and
as
appropriate
the
County
Agencies
of
its
evaluation
pursuant
to
this
paragraph
(b).

§
266.313
USFRS
XL
waste
generator
requirements
to
maintain
alternate
treatment
or
disposal
capacity.

During
the
period
that
it
is
participating
in
the
USFRS
XL
waste
Project,
a
USFRS
XL
waste
generator
shall
maintain
the
ability
to
legally
treat
or
dispose
of
its
process
wastes
contributing
to
the
USFRS
XL
waste
by
methods
other
than
through
transportation
and
treatment
to
USFRS'
Roseville,
Minnesota
facility.
A
USFRS
XL
waste
generator
may
use
this
alternative
treatment
or
disposal
method
only
after
it
has
discontinued
participation
in
this
XL
Project.

§
266.314
Termination
of
a
USFRS
XL
waste
approved
customer's
participation
in
the
USFRS
XL
Project.

The
provisions
in
this
section
apply
to
a
USFRS
XL
waste
approved
customer
who
has
not
yet
generated
USFRS
XL
waste.
If
a
USFRS
XL
waste
approved
customer
has
generated
or
first
caused
to
be
regulated
USFRS
XL
waste,
then
it
is
a
USFRS
XL
waste
generator
and
must
comply
with
the
termination
provisions
contained
in
§
266.315.
The
following
procedures
are
to
be
followed
to
terminate
a
person's
participation
in
the
federal
USFRS
XL
Project.
A
USFRS
waste
approved
customer's
participation
in
the
USFRS
XL
Project
will
terminate
[Date
5
years
from
effective
date
of
final
rule],
but
may
terminate
earlier
either
voluntarily,
upon
changes
in
ownership,
or
upon
notice
by
USFRS,
EPA,
MPCA
or
the
appropriate
County
Agency.
(a)
Termination
by
the
USFRS
XL
waste
approved
customer.
A
USFRS
XL
waste
approved
customer
may
terminate
its
participation
in
the
USFRS
XL
Project
at
any
time
prior
to
its
first
generating
USFRS
XL
wastes.
The
USFRS
XL
waste
approved
customer
will
provide
5
days
written
notice
to
USFRS,
EPA,
MPCA
and
as
appropriate
the
County
Agencies
its
desire
to
discontinue
participation
in
the
USFRS
XL
Project.
No
further
action
is
required
by
such
USFRS
XL
waste
approved
customer.
(b)
Change
in
ownership.
A
USFRS
XL
waste
approved
customer
will
be
automatically
terminated
upon
a
change
in
ownership.
A
USFRS
XL
waste
approved
customer
must
notify
USFRS,
EPA,
MPCA
and
as
appropriate
the
County
Agencies
within
5
days
of
a
change
in
its
ownership.
(c)
Termination
by
EPA,
MPCA,
County
Agency
or
USFRS.
If
EPA
or
USFRS
propose
to
terminate
a
USFRS
XL
waste
approved
customer
they
shall
provide
it
with
5
days
written
notice.
If
MPCA
or
the
County
Agency
propose
to
terminate
such
person
they
shall
follow
their
own
procedures
and
provide
EPA
and
USFRS
with
the
results
of
such
proceedings.
If
MPCA
or
the
County
Agency
terminates
such
person's
participation
in
the
federal
USFRS
XL
Project,
such
person
will
be
automatically
terminated
without
further
proceedings
under
this
subpart
N.

§
266.315
Termination
of
a
USFRS
XL
waste
generator's
participation
in
the
USFRS
XL
Project.

The
procedures
identified
in
this
subpart
are
to
be
followed
to
terminate
a
waste
generator's
participation
in
the
federal
USFRS
XL
Project.
A
USFRS
waste
generator's
participation
in
the
USFRS
XL
Project
will
terminate
[Date
5
years
from
effective
date
of
final
rule],
but
may
terminate
earlier
either
voluntarily,
upon
changes
in
ownership,
or
upon
notice
by
USFRS,
EPA,
MPCA
or
the
County
Agency.
(a)
Termination
by
the
USFRS
XL
waste
generator.
The
USFRS
XL
waste
generator
will
provide
60
days
written
notice
to
USFRS,
EPA,
MPCA
and
the
County
Agencies
of
its
desire
to
discontinue
participation
in
the
USFRS
XL
Project.
Within
the
60
days
the
USFRS
XL
waste
generator
shall
accomplish
the
closure
required
by
§
266.312.
(b)
Termination
by
EPA,
MPCA
or
the
County
Agency.
EPA,
MPCA
or
the
County
Agency
may
terminate
a
USFRS
XL
waste
generator's
participation.
If
EPA
proposes
to
terminate
such
person's
participation
then
it
will
provide
the
generator
with
written
notice.
EPA
retains
the
right
to
terminate
a
USFRS
XL
waste
generator's
participation
in
the
USFRS
XL
Project
if
the
USFRS
XL
waste
generator
is
in
non­
compliance
with
the
requirements
of
this
subpart.
In
the
event
of
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
termination
by
EPA,
EPA
will
provide
USFRS,
the
USFRS
XL
waste
generator,
MPCA,
and
as
appropriate
the
County
Agencies
with
15
days
written
notice
of
its
intent
to
terminate
a
generator's
continued
participation
in
the
USFRS
XL
Project.
During
this
period,
which
commences
on
receipt
of
the
notice
to
terminate
by
the
generator,
the
generator
will
have
the
opportunity
to
come
back
into
compliance
or
to
provide
a
written
explanation
as
to
why
it
was
not
in
compliance
and
how
it
intends
to
return
to
compliance.
If,
upon
review
of
the
written
explanation
EPA
re­
issues
a
written
notice
terminating
the
generator
from
this
XL
Project
the
generator
shall
close
in
accordance
with
§
266.312.
The
USFRS
XL
waste
generator
shall
complete
the
closure
and
comply
with
§
266.312
within
sixty
days
of
EPA's
reissuance
of
the
notice
of
termination.
If
MPCA
or
the
County
Agency
propose
to
terminate
such
person
they
shall
follow
their
own
procedures
and
provide
EPA
and
USFRS
with
the
results
of
such
proceedings.
If
MPCA
or
the
County
Agency
terminates
such
person's
participation
in
the
federal
USFRS
XL
Project,
that
person's
participation
will
be
automatically
terminated
without
further
proceedings
under
this
rule
and
such
person
must
comply
with
the
closure
requirements
contained
in
§
266.312.
(c)
Termination
by
USFRS.
USFRS
may
terminate
a
USFRS
XL
waste
generator's
participation
in
the
USFRS
XL
Project
only
after
providing
60
days
written
notice
to
the
generator,
EPA,
MPCA
and
the
county
agency.
Within
this
time
USFRS
will
arrange
for
the
transport
to
its
facility
of
the
USFRS
XL
waste
in
storage.
Additionally,
USFRS
will
inspect
the
USFRS
XL
waste
generator
in
accordance
with
§
266.312(
b).
(d)
Termination
as
a
result
of
changes
in
ownership.
A
USFRS
XL
waste
generator
will
provide
written
notice
to
USFRS,
EPA,
MPCA
and
as
appropriate
the
County
Agencies
of
a
change
in
its
ownership.
It
will
provide
such
notice
within
10
days
of
the
change
in
ownership.
Within
the
60
days
of
the
change
in
ownership
the
USFRS
XL
waste
generator
shall
accomplish
the
closure
required
by
§
266.312.

§
266.316
Termination
of
a
USFRS
XL
waste
approved
transporter's
participation
in
the
USFRS
XL
Project.
The
provisions
in
this
subpart
apply
to
a
USFRS
XL
waste
approved
transporter
who
has
not
transported
or
accepted
for
transport
USFRS
XL
waste.
If
a
USFRS
XL
waste
approved
transporter
has
transported
or
accepted
for
transport
USFRS
XL
waste
it
is
a
USFRS
XL
waste
transporter
and
must
comply
with
the
termination
provisions
contained
in
§
266.317.
The
procedures
identified
in
this
subpart
are
to
be
followed
to
terminate
a
person's
participation
in
the
federal
USFRS
XL
Project.
MPCA
or
the
County
Agencies
may
have
their
own
procedures
for
terminating
the
participation
of
a
person
from
their
version
of
this
Federal
USFRS
XL
Project.
EPA
is
not
bound
by
and
will
not
follow
those
State
or
County
procedures
to
terminate
a
person's
continued
participation
in
this
USFRS
XL
Project.
A
USFRS
waste
approved
transporter's
participation
in
the
USFRS
XL
Project
will
terminate
[Date
5
years
from
effective
date
of
final
rule],
but
may
terminate
earlier
either
voluntarily,
upon
changes
in
ownership,
or
upon
notice
by
USFRS,
EPA,
MPCA
or
the
County
Agency.
(a)
Termination
by
the
USFRS
XL
waste
approved
transporter.
A
USFRS
XL
waste
approved
transporter
may
terminate
its
participation
in
the
USFRS
XL
Project
at
any
time
prior
to
its
first
transporting
or
accepting
for
transport
USFRS
XL
wastes.
The
USFRS
XL
waste
approved
transporter
will
provide
5
days
written
notice
to
USFRS,
EPA,
MPCA,
and
as
appropriate
the
County
Agencies
of
its
desire
to
discontinue
participation
in
the
USFRS
XL
Project.
No
further
action
is
required
by
such
USFRS
XL
waste
approved
transporter.
(b)
Change
in
ownership.
A
USFRS
XL
waste
approved
transporter
will
be
automatically
terminated
upon
a
change
in
ownership.
A
USFRS
XL
waste
approved
transporter
must
notify
USFRS,
EPA,
MPCA
and
as
appropriate
the
County
Agencies
within
5
days
of
a
change
in
its
ownership.
(c)
Termination
by
EPA,
MPCA,
the
County
Agencies
or
USFRS.
EPA,
MPCA,
the
County
Agencies
and
USFRS
may
also
terminate
a
USFRS
XL
waste
approved
transporter's
participation
in
the
USFRS
XL.
If
EPA
or
USFRS
propose
such
termination
they
will
provide
the
transporter,
each
other,
MPCA
and
the
appropriate
County
Agencies
with
5
days
written
notice.

§
266.317
Termination
of
a
USFRS
XL
waste
transporter's
participation
in
the
USFRS
XL
Project.
The
procedures
identified
in
this
subpart
are
to
be
followed
to
terminate
a
person's
participation
in
the
federal
USFRS
XL
Project.
MPCA
or
the
County
Agencies
may
have
their
own
procedures
for
terminating
the
participation
of
a
person
from
their
version
of
this
Federal
USFRS
XL
Project.
EPA
is
not
bound
by
and
will
not
follow
those
State
or
County
procedures
to
terminate
a
person's
continued
participation
in
this
USFRS
XL
Project.
A
USFRS
waste
transporter's
participation
in
the
USFRS
XL
Project
will
terminate
[Date
5
years
from
effective
date
of
final
rule],
but
may
terminate
earlier
either
voluntarily,
upon
a
change
in
ownership
of
the
transporter,
or
upon
notice
by
USFRS,
EPA,
MPCA
or
the
County
Agency.
(a)
Termination
by
the
USFRS
XL
waste
transporterÐ
voluntary
and
changes
in
ownership.
The
USFRS
XL
waste
transporter
will
provide
10
days
written
notice
to
USFRS,
EPA,
MPCA
and
as
appropriate
the
County
Agencies
of
its
desire
to
discontinue
participation
in
the
USFRS
XL
Project
or
of
a
change
in
ownership.
Within
30
days
of
that
notice
the
USFRS
XL
waste
transporter
will
ensure
that
all
of
its
shipments
of
USFRS
XL
waste
are
delivered
to
the
USFRS
facility.
(b)
Termination
by
EPA,
MPCA
or
the
County
Agencies.
EPA,
MPCA
or
the
County
Agencies
may
terminate
a
USFRS
XL
waste
transporter's
participation
in
the
USFRS
XL
Project.
If
MPCA
or
the
County
Agency
propose
to
terminate
such
person
they
shall
follow
their
own
procedures
and
provide
EPA
and
USFRS
with
the
results
of
such
proceedings.
If
MPCA
or
the
County
Agency
does
terminate
such
person's
participation,
such
person's
participation
in
the
Federal
USFRS
XL
Project
will
be
automatically
terminated
without
further
proceedings
under
this
subpart
and
the
transporter
shall
ensure
that
all
shipments
of
XL
waste
are
delivered
to
the
USFRS
facility
within
30
days
of
notice
of
termination.
If
EPA
proposes
to
terminate
a
transporter's
participation
in
the
USFRS
XL
Project
EPA
will
provide
such
person,
MPCA,
the
County
Agency
and
USFRS
with
a
30
days
written
notice
prior
to
terminating
such
person's
participation
in
the
USFRS
XL
Project.
EPA
retains
the
right
to
terminate
a
USFRS
XL
waste
transporters
participation
in
the
USFRS
XL
Project
if
the
USFRS
XL
waste
transporter
is
not
in
compliance
with
the
requirements
of
this
subpart
N.
During
this
period,
which
commences
on
receipt
of
the
notice
by
the
transporter,
the
USFRS
XL
waste
transporter
will
have
the
opportunity
to
come
back
into
compliance
or
to
provide
a
written
explanation
as
to
why
it
was
not
in
compliance
and
how
it
intends
to
return
to
compliance.
If,
upon
review
of
the
written
explanation
EPA
re­
issues
a
written
notice
terminating
the
USFRS
XL
waste
transporter
from
this
XL
Project
the
USFRS
XL
waste
transporter
shall
ensure
that
all
shipments
of
USFRS
XL
waste
are
delivered
to
the
USFRS
facility
within
30
days
of
such
re­
issued
notice.

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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
(c)
Termination
by
USFRS.
USFRS
may
terminate
a
USFRS
XL
waste
transporter's
participation
in
the
USFRS
XL
Project
only
after
providing
30
days
written
notice
to
the
transporter,
EPA,
MPCA
and
as
appropriate
the
County
Agencies.
Within
this
time
USFRS
will
arrange
for
the
transport
to
its
facility
of
the
USFRS
XL
waste
in
the
possession
of
the
USFRS
XL
waste
transporter.
(d)
Change
in
ownership.
A
USFRS
XL
waste
transporter
will
be
automatically
terminated
upon
a
change
in
ownership.
A
USFRS
XL
waste
transporter
must
notify
USFRS,
EPA,
the
County
Agencies
and
MPCA
within
5
days
of
a
change
in
its
ownership.

§
266.318
Termination
of
USFRS'
participation
in
this
XL
Project.
The
procedures
identified
in
this
subpart
are
to
be
followed
to
terminate
USFRS'
participation
in
the
federal
USFRS
XL
Project.
MPCA
or
the
County
Agencies
may
have
their
own
procedures
for
terminating
USFRS'
participation
from
their
version
of
this
federal
USFRS
XL
Project.
EPA
is
not
bound
by
and
will
not
follow
those
State
or
County
procedures
to
terminate
USFRS'
continued
participation
in
this
USFRS
XL
Project.
USFRS'
participation
in
the
USFRS
XL
Project
will
terminate
[Date
5
years
from
effective
date
of
final
rule],
but
may
terminate
earlier
either
voluntarily,
upon
a
change
in
ownership
of
USFRS,
or
upon
notice
of
EPA,
MPCA
or
as
appropriate
the
County
Agency.
If
there
is
a
change
of
ownership
at
USFRS,
USFRS
shall
give
EPA,
MPCA
and
the
appropriate
County
Agencies
30
days
notice
of
the
change.
EPA
will
notify
USFRS
if
its
participation
in
this
USFRS
XL
Project
will
terminate.
The
USFRS
XL
Waste
Project
is
terminated
if
USFRS''
participation
is
terminated.
In
such
an
instance
USFRS
must
supply
EPA,
MPCA
and
the
County
Agencies
with
a
proposed
schedule
for
transitioning
all
USFRS
XL
Project
participants
to
compliance
with
the
RCRA
requirements
within
120
days
of
a
notice
to
terminate
pursuant
to
this
section.
(a)
USFRS'
termination
of
its
participation
in
this
XL
ProjectÐ
voluntary
termination.
USFRS
will
provide
written
notice
to
all
USFRS
XL
Project
participants
(e.
g.,
USFRS
XL
waste
approved
customers
and
approved
transporters,
USFRS
XL
waste
generators
and
transporters),
EPA,
MPCA
and
the
County
Agencies
of
its
desire
to
discontinue
participation
in
the
USFRS
XL
Project
(``
voluntary
termination'')
USFRS
will
provide
its
notice
of
voluntary
termination
120
days
prior
to
the
date
it
proposes
to
terminate
this
XL
Project.
Within
this
120
days
USFRS
will
arrange
for
the
transition
of
it
and
the
USFRS
XL
waste
Project
participants
to
return
to
compliance
with
the
RCRA
requirements.
During
this
time
all
USFRS
XL
Project
participants
will
complete
all
closure
activities
required
by
§
266.312.
(b)
Termination
as
a
result
in
a
change
of
ownership
of
USFRS.
USFRS
will
provide
written
notice
to
EPA,
MPCA
and
the
County
Agencies
of
any
change
in
ownership
of
USFRS.
USFRS
will
provide
this
notice
within
30
days
of
the
change
in
ownership.
Within
90
days
of
USFRS's
notice
of
a
change
in
ownership
USFRS
will
arrange
for
the
transition
of
all
USFRS
XL
waste
Project
participants
to
return
to
compliance
with
the
RCRA
requirements.
All
USFRS
XL
waste
Project
participants
will
complete
all
closure
activities
required
by
§
266.312.
(c)
EPA
or
MPCA
termination
of
the
USFRS
XL
Project.
(1)
EPA
or
MPCA
may
terminate
this
XL
Project
after
providing
written
notice
to
USFRS.
EPA
retains
the
right
to
terminate
this
XL
Project
if:
(i)
USFRS
is
in
non­
compliance
with
the
requirements
of
this
subpart;
(ii)
This
Project
does
not
provide
superior
environmental
benefit;
or
(iii)
There
is
repeated
non­
compliance
by
USFRS
XL
waste
generators
or
transporters.
(2)
In
the
event
of
termination
by
EPA,
EPA
will
provide
USFRS,
MPCA
and
the
County
Agencies
with
30
days
written
notice
of
its
intent
to
terminate
USFRS'
participation
in
this
XL
Project.
During
this
period,
which
commences
on
receipt
of
the
notice
by
USFRS,
USFRS
will
have
the
opportunity
to
come
back
into
compliance,
to
provide
a
written
explanation
as
to
why
it
was
not
in
compliance
and
how
it
intends
to
return
to
compliance
or
otherwise
respond
to
the
reasons
for
EPA's
proposed
termination.
If,
upon
review
of
the
written
explanation
EPA
re­
issues
a
written
notice
terminating
this
XL
Project
then
USFRS
shall
submit
to
EPA
within
30
days
of
its
receipt
of
the
reissued
notice
its
plan
for
transitioning
all
USFRS
XL
waste
Project
participants
to
compliance
with
the
RCRA
requirements.
This
transition
plan
shall
contain
a
proposed
schedule
which
accomplishes
compliance
with
RCRA
within
120
days
of
EPA's
re­
issued
written
notice.

§
266.319
USFRS
recordkeeping
and
reporting
requirements.
(a)
Annual
reporting.
USFRS
will
provide
an
annual
report,
on
October
1,
on
all
USFRS
XL
wastes.
It
will
provide
the
information
separately
for
each
USFRS
XL
waste
generator.
The
annual
report,
at
a
minimum,
will
include:
(1)
An
identification
of
each
USFRS
XL
waste
generator
who
sent
USFRS
XL
wastes
to
USFRS;
the
quantity
of
XL
waste
that
USFRS
received
from
each
USFRS
XL
waste
generator
during
the
calendar
year
and
a
certification
by
USFRS
that
those
USFRS
XL
wastes
were
treated
and
recycled
at
USFRS
in
accordance
with
this
subpart
N;
(2)
The
amount
of
water
recycled
by
the
generators,
the
pretreatment
chemicals
and
energy
the
generators
did
not
use
as
a
result
of
participating
in
this
USFRS
XL
Project,
the
amount
of
water
discharged
to
the
local
POTW
before
and
during
this
project,
the
amount
of
sludge
recovered
by
USFRS
before
and
during
this
project,
the
amount
of
sludge
recovered
as
opposed
to
disposed
of
by
a
generator
(if
the
generator
disposed
of
the
sludge
prior
to
participating
in
this
project),
the
quantity
of
material
(ion
exchange
resins,
other
wastewater
treatment
sludge,
residues)
collected
from
each
facility
(monthly),
the
frequency
of
canister
replacement
in
terms
of
process
volume,
the
constituents
in
the
material
(ion
exchange
resins,
other
wastewater
treatment
sludge,
residues)
collected
at
each
facility
(e.
g.,
recoverable
metals,
contaminants/
non­
recoverable
materials),
and
constituents
in
the
material
(ion
exchange
resins,
other
wastewater
treatment
sludge,
residues)
disposed
by
each
facility
(e.
g.,
contaminants/
non­
recoverable
material);
(3)
Quantity
of
material
(ion
exchange
resins,
other
wastewater
treatment
sludge,
residues)
to
be
processed
from
the
XL
waste
at
the
USFRS
Roseville
facility,
quantity
of
the
metals
recovered
from
the
XL
waste
at
the
USFRS
Roseville
facility,
the
constituents
of
the
recovered
material
(ion
exchange
resins,
other
wastewater
treatment
sludge,
residues
from
the
XL
waste),
quantity
and
constituents
of
the
non­
recoverable
material
from
the
XL
waste
(ion
exchange
resins,
other
wastewater
treatment
sludge,
residues),
and
how
it
was
disposed
of;
and
(4)
The
quantity
of
each
metal
recovered
at
each
metals
reclamation
facility
it
uses
for
this
Project.
(b)
Quarterly
reporting.
USFRS
will
submit
a
quarterly
report
to
EPA,
MPCA
and
the
County
Agencies
on
October
1,
January
1,
April
1
and
July
1
which
will
include:
(1)
Sufficient
information
for
EPA
to
determine
the
amount
of
superior
environmental
benefit
resulting
from
this
project.
That
report
will,
at
a
minimum,
contain
information
which
includes,
but
is
not
limited
to:
the
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Federal
Register
/
Vol.
65,
No.
160
/
Thursday,
August
17,
2000
/
Proposed
Rules
volume
of
water
and
waste
collected
and
recycled;
the
amount
of
metals
recycled;
the
volume
of
recycled
material
sold
to
others;
data
regarding
the
management
of
the
ion
exchange
canisters;
the
constituents
of
the
sludge;
and
information
regarding
how
the
sludge
and
residues
are
managed;
(2)
Financial
information
related
to
the
costs
and
savings
realized
as
a
result
of
implementation
of
this
project.
USFRS
will
collect
baseline
and
XL
costs.
(i)
The
baseline
costs
shall
be
calculated
using
two
scenarios:
(A)
Typical
expenses
(including
any
hazardous
waste
taxes)
of
the
generator
(prior
to
the
XL
Project)
for
pretreating
and
disposing
effluent
wastewater
under
the
applicable
Clean
Water
Act
requirements
and
the
costs
for
manifesting,
transporting
and
disposing
of
F006
sludges;
and
(B)
Typical
expenses
of
the
generator
that
would
be
incurred
if
waste
were
recycled
in
compliance
with
RCRA
and
requirements
for
manifesting
and
transportation
of
those
hazardous
wastes
(including
tax
obligations
under
both
scenarios).
(ii)
The
XL
costs
will
include
the
costs
to
the
generator
for
completing
the
Transportation
Tracking
Document,
the
transportation
costs
for
XL
wastes,
the
generator's
cost
to
install
the
ion
exchange
canisters,
any
other
costs
the
generator
incurs
such
as
cleaning
up
any
spills,
payment
of
hazardous
waste
taxes,
etc.,
the
cost
to
USFRS
of
metals
reclamation
off­
site
(including
costs
associated
with
transportation
or
disposal).
USFRS
will
compare
the
baseline
costs
to
the
XL
costs
and
provide
an
analysis
of
whether
the
project
is
resulting
in
cost
savings
for
generators
and
which
aspects
of
the
XL
Project
produce
any
savings.
USFRS
will
also
submit
any
of
the
information
required
in
paragraphs
(b)(
2)(
i)
(A)
and
(B)
of
this
section
upon
request
by
EPA,
MPCA
or
the
County
Agency;
(3)
A
list
of
all
USFRS
XL
Waste
Approved
Customers
and
Generators.
USFRS
shall
include
on
that
list
the
customer
and
generator's
name,
a
summary
of
the
results
of
the
USFRS
waste
characterization
of
the
customer
and
generator's
waste
stream(
s)
and
process(
es),
the
customer's
and
generator's
process
waste
streams
approved
for
participation
in
the
USFRS
XL
Waste
Project,
the
unique
client
number
USFRS
has
assigned
to
the
customer
and
generator
and
its
waste
stream,
the
date
of
USFRS
notice
to
EPA
and
MPCA
proposing
to
add
the
customer
and
generator
to
the
USFRS
XL
Project;
the
date
on
which
USFRS
notified
the
customer
that
it
is
approved
for
participation
in
this
USFRS
XL
Project;
and
the
date
USFRS
received
the
signed
FPA
and
certification
from
the
customer
or
generator.
The
list
shall
also
contain
the
date
of
any
notice
of
termination,
and
if
there
is
a
termination,
the
date
on
which
USFRS
recovered
all
of
its
USFRS
XL
wastes
from
the
generator
and
the
date
USFRS
conducted
its
visual
evaluation
of
the
condition
of
the
USFRS
XL
waste
storage
areas
and
notice
of
compliance
with
§
266.312.
USFRS
will
update
its
waste
customer
and
generator
list
when
new
customers
and
generators
have
been
approved
by
EPA,
MPCA
and
the
County
Agencies
or
when
a
customer
or
generator
has
been
terminated
from
this
XL
Project;
and
(4)
A
list
of
all
USFRS
XL
Waste
Approved
Transporters.
USFRS
shall
include
on
this
list
the
transporter's
unique
USFRS
client
number,
the
transporter's
name,
and
if
available,
EPA
identification
number
and
its
Minnesota
registration
number,
the
date
of
USFRS
notice
to
EPA
and
MPCA
proposing
to
add
the
transporter
to
the
USFRS
XL
Project;
the
date
on
which
USFRS
notified
the
transporter
that
it
is
a
USFRS
XL
Waste
Approved
Transporter;
and
the
date
on
which
it
received
the
signed
USFRS
XL
waste
FPA
and
certification.
The
list
shall
also
contain
the
date
of
any
notice
of
termination,
and
if
there
is
a
termination,
the
date
on
which
USFRS
recovered
all
of
its
USFRS
XL
wastes
from
the
transporter.
This
USFRS
XL
waste
transporter
list
may
be
modified
upon
approval
of
EPA
and
MPCA.
(c)
Recordkeeping.
USFRS
will
retain
for
three
years
a
copy
of
USFRS
XL
waste
application
forms,
and
correspondence
with
each
USFRS
XL
waste
approved
customer
and
generator;
records
of
any
spill
or
leak
notifications
it
receives;
records
of
its
compliance
with
this
subpart
N;
and
the
USFRS
XL
waste
Transportation
Tracking
Document
for
each
shipment
from
a
USFRS
XL
waste
generator.

§
266.320
USFRS
XL
waste
generator
recordkeeping
and
reporting
requirement.

A
USFRS
XL
waste
generator
will
retain
for
three
years
a
copy
of
the
USFRS
XL
Waste
FPA,
with
all
appropriate
signatures;
its
USFRS
XL
waste
certification;
its
log
of
weekly
inspections
required
by
§
266.308(
d);
its
record
of
any
notification
of
spills
or
leaks
of
its
USFRS
XL
wastes
required
by
§
266.308(
e);
its
compliance
with
the
training
and
facility
contact
requirements
of
§
266.308(
h);
a
copy
of
the
signed
Transportation
Tracking
Document
for
USFRS
XL
waste
it
generated;
and
documentation
of
its
compliance
with
§
266.312.

§
266.321
USFRS
XL
waste
transporter
recordkeeping
and
reporting
requirement.

A
USFRS
XL
waste
transporter
will
retain
for
three
years
a
copy
of
the
USFRS
XL
Waste
FPA,
with
all
appropriate
signatures;
its
USFRS
XL
waste
certification;
a
copy
of
the
signed
Transportation
Tracking
Document
for
USFRS
XL
waste
it
transported;
and
its
record
of
any
notification
of
spills
or
leaks
of
its
USFRS
XL
wastes
required
by
§
266.311.

§
266.322
Effective
dates.

This
subpart
N
is
effective
from
[Effective
date
of
final
rule]
until
[Date
5
years
from
effective
date
of
final
rule].

[FR
Doc.
00±
20424
Filed
8±
16±
00;
8:
45
am]

BILLING
CODE
6560±
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