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Subject

(152135045) F019 Comment Submission

	

11a. Mr.

12. Last Name

Coss

13. First Name

Raymond

14. Job Title

Senior Counsel

15. Organization

Nissan North America, Inc.

16. Address

983 Nissan Drive, Bin 17U

17. City

Smyrna

18. State

TN

19. Zip Code

37167

20. Telephone

615-220-8072

21. Fax

615-459-1684

22. E-mail

ray.coss@nissan-usa.com

23. Question/Comments

Dear Sir/Madam:  Please accept and consider these comments from Nissan 

North America.  We have two major automotive manufacturing plants in the


U.S.  

COMMENTS IN SUPPORT OF RULEMAKING TO AMEND HAZARDOUS WASTE LISTING F019

•   Nissan fully supports the Agency amending hazardous waste listing
F019 

to exclude from the listing wastewater treatment sludges from the zinc 

phosphating conversion process used in the automobile manufacturing 

industry.  This material was never intended to be included in the
original 

F019 listing.  The original listing was based on an evaluation of
chromium 

phosphating, not the zinc phosphating process used in the automobile 

industry.  The chromium phosphating process generates hexavalent
chromium 

and cyanides, for which EPA concluded the waste should be classified as 

hazardous, under the statutory definition.  The zinc phosphating
process, 

on the other hand, does not generate or use any of the 40 CFR Part 261 

Appendix VIII hazardous constituents.  

•   Clarifying the scope of the F019 listing is a more appropriate
means 

to address this issue than the continued reliance on individual
delisting 

petitions.  Site-specific individual delisting petitions are extremely 

inefficient and resource intensive for both the industrial source and 

EPA.  An individual petition is to show that a site-specific waste
stream, 

which is otherwise within the scope of the listing, should be excluded. 


It is, therefore, understandable that there is a high burden on the 

petitioner to show that a site-specific waste is does not possess any of


the characteristics that caused the generic waste stream to be listed,
and 

that EPA spends considerable time and resources on a detailed analysis
of 

each petition.   Here the record clearly shows that the process is
uniform 

across the industry.  Indeed, twelve individual delisting petitions for 

this waste have been granted over the last seven years, and none denied.
 

In this case, the uniformity of the waste st!

 ream and its analysis by EPA justifies a generic revision to the
listing.

•   EPA should approach this clarification based on the original 

methodology required for listing a waste, not by the elaborate and
overly 

complex methodologies that EPA has imposed on individual petitions for 

delisting.  There is a difference in the way EPA approaches the
delisting 

process, and the initial listing decisions.  In evaluating this 

clarification, EPA should follow the approach taken with the initial 

listing determinations, which focus on TCLP or other criteria set forth
in 

40 CFR § 261.11 to determine if this type of waste should be considered
a 

listed waste.  This is the approach taken by EPA in determining that 

zirconium phosphating performed during wasting of aluminum cans
“should 

not have been included in the F019 listing because it is not
hazardous.”  

55 Fed. Reg. 5340 (February 14, 1990).   The DRAS and EPA CMTP models 

while potentially useful in evaluating individual delisting petitions, 

with their evidentiary burden, is not appropriate in reviewing the ch!

 aracteristics of a waste stream from an entire industry sector.  

Likewise, this clarification should not focus on setting 

concentration-based limits on a wide array of constituents as has been 

done in individual delisting petitions.  Instead, Nissan urges EPA to 

evaluate the waste stream based upon the statutory criteria.

End of comments by Nissan North America, Inc.   

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