
[Federal Register: November 4, 2010 (Volume 75, Number 213)]
[Proposed Rules]               
[Page 67919-67925]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no10-5]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 67919]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R05-RCRA-2010-0843; SW-FRL-9221-2]

 
Hazardous Waste Management System; Proposed Exclusion for 
Identifying and Listing Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and request for comment.

-----------------------------------------------------------------------

SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is 
proposing to grant a petition submitted by Owosso Graphic Arts Inc. 
(Owosso), in Owosso Michigan to exclude (or ``delist'') up to 244 cubic 
yards of wastewater treatment sludge per year from the list of 
hazardous wastes.
    The Agency has tentatively decided to grant the petition based on 
an evaluation of waste-specific information provided by Owosso. This 
proposed decision, if finalized, conditionally excludes the petitioned 
waste from the requirements of hazardous waste regulations under the 
Resource Conservation and Recovery Act.
    We conclude that Owosso's petitioned waste is nonhazardous with 
respect to the original listing criteria and that there are no other 
factors which would cause the waste to be hazardous when disposed of in 
a Subtitle D landfill which is permitted, licensed, or registered by a 
State to manage industrial solid waste.

DATES: Comments must be received on or before December 6, 2010. 
Requests for an informal hearing must reach EPA by November 19, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R05-
RCRA-2010-0843] by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Mail: to Christopher Lambesis, Environmental Protection 
Agency, Land and Chemicals Division, (Mail Code: LR-8J), EPA Region 5, 
77 West Jackson Boulevard, Chicago, IL 60604.
     Hand Delivery: to Christopher Lambesis, Land and Chemicals 
Division, EPA Region 5, 8th Floor, 77 West Jackson Boulevard, Chicago, 
IL 60604. Such deliveries are only accepted during normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please contact Christopher Lambesis at (312) 886-
3583.
    Instructions: Direct your comments to Docket ID No. [EPA-R05-RCRA-
2010-0843]. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Any person may request an informal hearing on this proposed 
decision by filing a request with Bruce Sypniewski, Acting Director, 
Land and Chemicals Division, Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. The request must contain 
the information prescribed in 40 CFR 260.20(d).
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Records Center, 7th floor, U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. We 
recommend you telephone Christopher Lambesis at (312) 886-3583 before 
visiting the Region 5 office. The public may copy material from the 
regulatory docket at 15 cents per page.

FOR FURTHER INFORMATION CONTACT: Christopher Lambesis, Land and 
Chemicals Division, (Mail Code: LR-8J), EPA Region 5, 77 W. Jackson 
Boulevard, Chicago, IL 60604; telephone number: (312) 886-3583; fax 
number (312) 692-2195; e-mail address: lambesis.christopher@epa.gov.

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

I. Overview Information
II. Background
    A. What is a listed waste?
    B. What is a delisting petition?
    C. What factors must EPA consider in deciding whether to grant a 
delisting petition?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did Owosso petition EPA to delist?
    B. How does Owosso generate the waste?
    C. How did Owosso sample and analyze the waste?
    D. What were the results of Owosso's analysis of the waste?
    E. How did EPA evaluate the risk of delisting this waste?
    F. What did EPA conclude about Owosso's waste?
IV. Conditions for Exclusion
    A. When would EPA finalize the proposed delisting exclusion?
    B. How will Owosso manage the waste if it is delisted?

[[Page 67920]]

    C. What are the maximum allowable concentrations of hazardous 
constituents in the waste?
    D. How frequently must Owosso test the waste?
    E. What data must Owosso submit?
    F. What happens if Owosso's waste fails to meet the conditions 
of the exclusion?
    G. What must Owosso do if the process changes?
V. How would this action affect states?
VI. Statutory and Executive Order Reviews

I. Overview Information

    The EPA is proposing to grant a petition submitted by Owosso 
Graphic Arts Incorporated (Owosso) located in Owosso, Michigan to 
exclude or delist an annual volume of 244 cubic yards of F006 
wastewater treatment sludge from the lists of hazardous waste set forth 
in Title 40 of the Code of Federal Regulations (40 CFR) 261.31. Owosso 
claims that the petitioned waste does not meet the criteria for which 
EPA listed it, and that there are no additional constituents or factors 
which could cause the waste to be hazardous.
    Based on our review described in section III, we agree with the 
petitioner that the waste is nonhazardous. We reviewed the description 
of the process which generates the waste and the analytical data 
submitted by Owosso. We believe that the petitioned waste does not meet 
the criteria for which the waste was listed, and that there are no 
other factors which might cause the waste to be hazardous.

II. Background

A. What is a listed waste?

    The EPA published an amended list of hazardous wastes from 
nonspecific and specific sources on January 16, 1981, as part of its 
final and interim final regulations implementing section 3001 of 
Resource Conservation and Recovery Act (RCRA). The EPA has amended this 
list several times and published it in 40 CFR 261.31 and 261.32.
    We list these wastes as hazardous because: (1) They typically and 
frequently exhibit one or more of the characteristics of hazardous 
wastes identified in subpart C of part 261 (that is, ignitability, 
corrosivity, reactivity, and toxicity) or (2) they meet the criteria 
for listing contained in Sec.  261.11(a)(2) or (3).

B. What is a delisting petition?

    Individual waste streams may vary depending on raw materials, 
industrial processes, and other factors. Thus, while a waste described 
in the regulations generally is hazardous, a specific waste from an 
individual facility meeting the listing description may not be.
    A procedure to exclude or delist a waste is provided in 40 CFR 
260.20 and 260.22 which allows a person, or a facility, to submit a 
petition to the EPA or to an authorized state demonstrating that a 
specific waste from a particular generating facility is not hazardous.
    In a delisting petition, the petitioner must show that a waste does 
not meet any of the criteria for listed wastes in 40 CFR 261.11 and 
that the waste does not exhibit any of the hazardous waste 
characteristics of ignitability, reactivity, corrosivity, or toxicity. 
The petitioner must present sufficient information for us to decide 
whether any factors in addition to those for which the waste was listed 
warrant retaining it as a hazardous waste. (See Sec.  260.22, 42 United 
States Code--U.S.C.--6921(f) and the background documents for the 
listed wastes.)
    If a delisting petition is granted, the generator remains obligated 
under RCRA to confirm that the waste remains nonhazardous.

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

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

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

A. What waste did Owosso petition EPA to delist?

    In May 2005, Owosso petitioned EPA to exclude an annual volume of 
244 cubic yards of F006 wastewater treatment sludges generated at its 
facility located in Owosso, Michigan from the list of hazardous wastes 
contained in 40 CFR 261.31. F006 is defined in Sec.  261.31 as 
``Wastewater treatment sludges from electroplating operations * * *'' 
Owosso claims that the petitioned waste does not meet the criteria for 
which F006 was listed (i.e., cadmium, hexavalent chromium, nickel and 
complexed cyanide) and that there are no other factors which would 
cause the waste to be hazardous.

B. How does Owosso generate the waste?

    Owosso Graphic Arts conducts chemical etching of magnesium plates 
to produce photoengraved dies for the printing and foil stamping 
industries. Owosso Graphic Arts also etches other metals using ferric 
chloride to produce similar products. The magnesium etching process is 
physically separated from that of the other metals and share no common 
equipment, piping or waste handling procedures.
    A desired pattern is applied to a magnesium plate in the form of a 
printed laminate sensitive to ultra-violet (UV) light. After UV 
exposure, the magnesium plate is exposed to a spray of developing agent 
in a self-contained unit that washes away areas of laminate where 
etching is to occur. The solvent trichloroethylene (TCE) was used as 
the developing agent until December 2007 when an aqueous solution 
(Hydro-Coat) containing inorganic sodium salt and a surfactant replaced 
TCE.
    The aqueous developer was used until September 2008 when Owosso 
began using the solvent n-methyl 2-pyrrolidone (NMP) as the developing 
agent.
    Nitric acid is used to etch the surface of magnesium plates to 
create the contoured die surface. The developed plate is cleaned with a 
mild (1-2 percent) nitric acid solution to remove the remaining 
protective coating from

[[Page 67921]]

the plate. The cleaning solution is discharged to a publicly owned 
treatment works (POTW) subject to the Clean Water Act.
    The plate is placed in one of several self-contained etching units 
varying in size and equipped with reservoirs of nitric acid-based 
etching solution (nitric acid, water, Mag-O 20 detergent). The 
reservoir may contain between 200-400 liters of etching solution 
depending on the size of the etching unit. Each magnesium plate is 
weighed prior to entering the etching process and again once etching is 
completed. The difference between the initial weight and the post-
etching weight is used to calculate the amount of magnesium residual 
remaining in the etching solution reservoir. The amount of metal 
residue introduced into the etching solution varies based on the size 
of the plate being etched and depth of the etching required by 
individual projects.
    Operators of the system may adjust the strength of the acid between 
etching events to balance the acid content of the solution for optimal 
etching performance. Once the metal concentration becomes too great to 
provide optimal etching, the nitric acid solution is considered spent 
and is transferred to a wastewater treatment process for 
neutralization.
    Wastewater treatment sludge is produced in a batch process in which 
spent etchant (nitric acid based etching solution described above) is 
pumped to a holding tank to await treatment. Transfer of approximately 
500 gallons of spent etchant into the holding tank occurs on a daily 
basis.
    The used etchant is combined with sodium hydroxide and water to 
neutralize the spent etchant prior to discharge to the City of Owosso's 
POTW. The neutralization process requires a residence time of 
approximately 30 minutes for complete neutralization of the spent acid 
solution. The treated solution is allowed to settle for 12 hours to 
allow solids to precipitate and settle to the bottom of the tank. The 
supernatant liquid is decanted for discharge to the POTW.
    Dewatering of precipitate formed during wastewater treatment occurs 
in a filter press adjacent to the tank containment area. The filter 
press is emptied into three steel gondolas prior to being placed in a 
lined roll-off container.

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

    Owosso collected a sample of the waste in July 2004 for total oil 
and grease (SW-846 Method 9071B), volatiles (SW-846 Method 8260B), semi 
volatiles and pesticides (SW-846 Method 8270C), polychlorinated 
biphenyls--PCBs--(SW-846 Method 8082), and metals (SW-846 Method 6010B 
except for mercury--SW-846 Method 7471). Owosso sampled the sludge 
again in August 2004 for oil and grease (SW-846 Method 9071B). Owosso 
continued to characterize the waste based on a November 2004 Sampling 
and Analysis Plan. Due to the small waste stream size, EPA and Owosso 
agreed to conservatively estimate constituent leaching by dividing the 
total result by 20. This simulates the TCLP test with the assumption 
that all of the constituent in the total would leach. Owosso collected 
five composite samples of the waste between December 2004 and March 
2005 and analyzed them for bromomethane and chloromethane (SW-846 
Method 8260B), cyanide (SW-846 Method 9012A), sulfide (SW-846 Method 
9034), antimony and arsenic (SW-846 Method 6020B), cadmium, chromium, 
copper, lead, nickel, and zinc (SW-846 Method 6010B). This subset of 
constituents was comprised of waste constituents detected in prior 
sampling events and the constituents for which the waste was listed.
    EPA later asked for additional analysis for trichloroethylene (TCE) 
since Owosso's process includes TCE as a graphic image developer and 
may be expected in the waste. Accordingly, Owosso collected additional 
grab samples of the waste in November 2007 for full-scan total volatile 
analysis (SW-846 Methods 5035 & 8260B). TCE was detected, however, 
Owosso had replaced the TCE developer with the aqueous developing agent 
by this time. To confirm that concentrations of TCE in the waste were 
decreasing since TCE was no longer used and only residual TCE remained 
in the process, Owosso collected three additional grab samples for 
volatile analysis in April and May of 2008 (SW-846 Method 5035 & 
8260B).
    Owosso collected four composite samples of the sludge and one 
sample of the raw product NMP in March 2010. The samples were analyzed 
by a modified SW-846 8270 method for tentatively identifies compounds 
(TICs). The raw product NMP sample was used to determine the NMP 
retention time in order to aid in the analysis of the composite 
samples. The concentration of TICs with similar mass spectra and 
retention time to NMP were added to the overall concentration because 
they may be derivatives of NMP.

D. What were the results of Owosso's analysis of its waste?

    The table below presents the maximum observed total concentrations 
for all detected constituents for which maximum allowable total and 
leachate concentrations were available. Leachate concentrations were 
estimated by dividing the total concentration by 20 (the dilution 
factor from the TCLP test). Total concentrations are expressed in 
milligrams per kilogram (mg/kg). Leachate concentrations are expressed 
in milligrams per liter (mg/L). Owosso submitted a signed statement 
certifying accuracy and responsibility of the results. See 40 CFR 
260.22(i)(12).

----------------------------------------------------------------------------------------------------------------
                                  Maximum observed concentration         Maximum allowable
                                 --------------------------------          concentration
      Constituent detected        Total \1\ (mg/   TCLP \2\ (mg/ --------------------------------    GW (mg/L)
                                        kg)             L)         Total (mg/kg)    TCLP (mg/L)
----------------------------------------------------------------------------------------------------------------
                                           Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
bromomethane....................             3.8            0.19         172,000            none           0.026
chloromethane...................             1.9           0.095            none             178            0.39
n-methyl,2-pyrrolidone..........         15.79 E            0.79            none             734            1.65
trichloroethylene...............             1.1           0.055         975,000         \4\ 0.5           0.005
----------------------------------------------------------------------------------------------------------------
                                                     Metals
----------------------------------------------------------------------------------------------------------------
antimony........................              47             2.4            none            3.15           0.006
arsenic.........................             2.0            0.10           4,580        \3\ 0.25      \3\ 0.0005
cadmium.........................             3.8            0.19         121,000         \4\ 1.0           0.005
chromium........................              35             1.8       \5\ 2,590         \4\ 5.0             0.1

[[Page 67922]]


copper..........................           1,020              51            none             700             1.3
cyanide.........................              20             1.0            none              91             0.2
lead............................              24             1.2            none         \4\ 5.0           0.015
nickel..........................              35             1.8         905,000             400           0.750
zinc............................          14,000             700            none           6,000            11.3
----------------------------------------------------------------------------------------------------------------
\1\ Converted to dry weight basis.
\2\ Estimated from the total concentration (Total/20).
\3\ Set at groundwater concentration corresponding to 1 x 10 -\5\ excess cancer risk.
\4\ Based on the toxicity characteristic in 40 CFR 261 subpart C.
\5\ Based on assuming 100% hexavalent chromium.
E--Estimated (Constituent not present in calibration standard. Calculated using total peak area from
  reconstructed ion chromatogram w/response factor of 1. Concentration converted to dry weight and represents
  the sum of NMP and NMP-like TICs).

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

    For this delisting determination, we assumed that the waste would 
be disposed in a Subtitle D landfill and we considered transport of 
waste constituents through ground water, surface water and air. We 
evaluated Owosso's petitioned waste using the Agency's Delisting Risk 
Assessment Software (DRAS) to predict the concentration of hazardous 
constituents that might be released from the petitioned waste and to 
determine if the waste would pose a threat. To predict the potential 
for release to groundwater from landfilled wastes and subsequent routes 
of exposure to a receptor, the DRAS uses dilution attenuation factors 
derived from EPA's Composite Model for leachate migration with 
Transformation Products. From a release to ground water, the DRAS 
considers routes of exposure to a human receptor of ingestion of 
contaminated ground water, inhalation from groundwater while showering 
and dermal contact from groundwater while bathing.
    From a release to surface water by erosion of waste from an open 
landfill into storm water run-off, DRAS evaluates the exposure to a 
human receptor by fish ingestion and ingestion of drinking water. From 
a release of waste particles and volatile emissions to air from the 
surface of an open landfill, DRAS considers routes of exposure of 
inhalation of volatile constituents, inhalation of particles, and air 
deposition of particles on residential soil and subsequent ingestion of 
the contaminated soil by a child. The technical support document and 
the user's guide to DRAS are included in the docket.
    At a target cancer risk of 1 x 10-\6\ and a target 
hazard quotient of 1.0, the DRAS program determined maximum allowable 
concentrations for each constituent in both the waste and the leachate 
at an annual waste volume of 244 cubic yards. However, since naturally 
occurring concentrations of arsenic are often higher than allowable 
concentrations set by the DRAS at a risk of 1 x 10-\6\, EPA 
set the allowable concentration of leachable arsenic at a target cancer 
risk of 1 x 10-\5\, which corresponds to a concentration at 
the point of exposure of approximately one twentieth of the existing 
Safe Drinking Water Act (SDWA) Maximum Contaminant Level (MCL). Arsenic 
is not expected to be a major constituent of concern in this waste.
    We used the maximum estimated annual waste volume and the maximum 
reported total and estimated leachate concentrations as inputs to 
estimate the constituent concentrations in the ground water, soil, 
surface water or air. If, using an appropriate analytical method, a 
constituent was not detected in any sample, it was considered not to be 
present in the waste.

F. What did EPA conclude about Owosso's waste?

    The maximum reported concentrations of the hazardous constituents 
found in this waste are presented in the table above. The table also 
presents the maximum allowable concentrations. The concentrations of 
all constituents in both the waste and the leachate are below the 
allowable concentrations. We, therefore, conclude that Owosso's 
wastewater treatment sludge is not a substantial or potential hazard to 
human health and the environment when disposed of in a Subtitle D 
landfill.
    We, therefore, propose to grant an exclusion for this waste. If 
this exclusion is finalized, Owosso must dispose of this waste in a 
Subtitle D landfill permitted or licensed by a state, and will remain 
obligated to verify that the waste meets the allowable concentrations 
set forth here. Owosso must also continue to determine whether the 
waste is identified in subpart C of 40 CFR pursuant to Sec.  261.11(c).

IV. Conditions for Exclusion

A. When would EPA finalize the proposed delisting exclusion?

    HSWA specifically requires the EPA to provide notice and an 
opportunity for comment before granting or denying a final exclusion. 
Thus, EPA will not make a final decision or grant an exclusion until it 
has addressed all timely public comments on today's proposal, including 
any at public hearings.
    Since this rule would reduce the existing requirements for persons 
generating hazardous wastes, the regulated community does not need a 
six-month period to come into compliance in accordance with section 
3010 of RCRA as amended by HSWA.

B. How will Owosso manage the waste if it is delisted?

    If the petitioned waste is delisted, Owosso must dispose of it in a 
Subtitle D landfill which is permitted, licensed, or registered by a 
state to manage industrial waste.

C. What are the maximum allowable concentrations of hazardous 
constituents in the waste?

    Concentrations measured in the TCLP (or Oily Waste Extraction 
Procedure, where appropriate) extract of the waste of the following 
constituents must not exceed the following (mg/l): Antimony--3.15; 
arsenic--0.25; cadmium--1; chromium--5; lead--5; and zinc--6,000.

D. How frequently must Owosso test the waste?

    Owosso must analyze a representative sample of the wastewater 
treatment sludges on an annual basis to demonstrate that the 
constituents of concern in the petitioned waste do not exceed the 
concentrations of concern in section IV.C above. Owosso must use

[[Page 67923]]

methods with sufficient analytical sensitivity and appropriate quality 
control procedures. SW-846 Method 1311 must be used for generation of 
the leachate extract used in the testing of the delisting levels if oil 
and grease comprise less than one percent of the waste. SW-846 Method 
1330A must be used for generation of the leaching extract if oil and 
grease comprise 1 percent or more of the waste. SW-846 Method 9071B 
must be used for determination of oil and grease. SW-846 Methods 1311, 
1330A, and 9071B are incorporated by reference in 40 CFR 260.11. A 
total analysis of the waste (accounting for any filterable liquids and 
the dilution factor inherent in the TCLP method) may be used to 
estimate the TCLP concentration as provided for in section 1.2 of 
Method 1311.

E. What data must Owosso submit?

    Owosso must submit the data obtained through annual verification 
testing to U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 
60604, upon the anniversary of the effective date of this exclusion. 
Owosso must compile, summarize, and maintain on site records of 
operating conditions and analytical data. Owosso must make these 
records available for inspection. All data must be accompanied by a 
signed copy of the certification statement in 40 CFR 260.22(i)(12).

F. What happens if Owosso fails to meet the conditions of the 
exclusion?

    If Owosso violates the terms and conditions established in the 
exclusion, the Agency may start procedures to withdraw the exclusion.
    If the verification testing of the waste does not meet the 
delisting concentrations described in section IV.C above or other data 
(including but not limited to leachate data or groundwater monitoring 
data) relevant to the delisted waste indicates that any constituent is 
at a concentration in the leachate higher than the specified delisting 
concentration, or is in the groundwater at a concentration higher than 
the maximum allowable groundwater concentration (in the table in 
Section III.D.), Owosso must notify the Agency within 10 days of first 
possessing or being made aware of the data. The exclusion will be 
suspended and the waste managed as hazardous until Owosso has received 
written approval from the Agency to continue the exclusion. Owosso may 
provide sampling results which support the continuation of the 
delisting exclusion.
    The EPA has the authority under RCRA and the Administrative 
Procedures Act, 5 U.S.C. 551 (1978) et seq. to reopen a delisting 
decision if we receive new information indicating that the conditions 
of this exclusion have been violated, or are otherwise not being met.

G. What must Owosso do if the process changes?

    If Owosso significantly changes the manufacturing or treatment 
process or the chemicals used in the manufacturing or treatment 
process, Owosso may not handle the wastewater treatment sludge 
generated from the new process under this exclusion until it has 
demonstrated to the EPA that the waste meets the concentrations set in 
section IV.C and that no new hazardous constituents listed in Appendix 
VIII of 40 CFR part 261 have been introduced. Owosso must manage wastes 
generated after the process change as hazardous waste until Owosso has 
received written notice from EPA that the delisting is reinstated.

V. How would this action affect the states?

    Because EPA is issuing today's exclusion under the federal RCRA 
delisting program, only states subject to federal RCRA delisting 
provisions would be affected. This exclusion may not be effective in 
states which have received our authorization to make their own 
delisting decisions.
    EPA allows states to impose their own non-RCRA regulatory 
requirements that are more stringent than EPA's, under section 3009 of 
RCRA. These more stringent requirements may include a provision that 
prohibits a federally issued exclusion from taking effect in the state. 
We urge petitioners to contact the state regulatory authority to 
establish the status of their wastes under the state law.
    EPA has also authorized some states to administer a delisting 
program in place of the federal program, that is, to make state 
delisting decisions. Therefore, this exclusion does not apply in those 
authorized states. If Owosso manages the waste in any state with 
delisting authorization, Owosso must obtain delisting authorization 
from that state before it can manage the waste as nonhazardous in that 
state.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review '' 
(58 FR 51735, October 4, 1993), this rule is not of general 
applicability and therefore, is not a regulatory action subject to 
review by the Office of Management and Budget (OMB). This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it 
applies to a particular facility only. Because this rule is of 
particular applicability relating to a particular facility, it is not 
subject to the regulatory flexibility provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202, 204, and 
205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). 
Because this rule will affect only a particular facility, it will not 
significantly or uniquely affect small governments, as specified in 
section 203 of UMRA. Because this rule will affect only a particular 
facility, this final rule does not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, ``Federalism'', (64 
FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply 
to this rule.
    Similarly, because this rule will affect only a particular 
facility, this final rule does not have tribal implications, as 
specified in Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, 
Executive Order 13175 does not apply to this rule. This rule also is 
not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), 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 basis for this 
belief is that the Agency used DRAS, which considers health and safety 
risks to children, to calculate the maximum allowable concentrations 
for this rule. This rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it 
is not a significant regulatory action under Executive Order 12866. 
This rule does not involve technical standards; thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988, ``Civil Justice Reform'', (61 FR 4729, 
February 7, 1996), in issuing this rule,

[[Page 67924]]

EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct.

List of Subjects in 40 CFR Part 261

    Hazardous waste, Recycling, and Reporting and recordkeeping 
requirements.

    Authority:  Section 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: October 26, 2010.
Bruce F. Sypniewski,
Acting Director, Land and Chemicals Division.

    For the reasons set out in the preamble, EPA proposes to amend 40 
CFR part 261 as follows:

PART 261--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, and 6938.

    2. In Table 1 of Appendix IX to part 261 add the following waste 
stream in alphabetical order by facility to read as follows:

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

                               Table 1--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
               Facility                        Address                          Waste description
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Owosso Graphic Arts..................  Owosso, Michigan.......  Wastewater treatment sludges, F006, generated at
                                                                 Owosso Graphic Arts (Owosso) facility in
                                                                 Owosso, Michigan at a maximum annual rate of
                                                                 244 cubic yards per year. The sludge must be
                                                                 disposed of in a Subtitle D landfill which is
                                                                 licensed, permitted, or otherwise authorized by
                                                                 a state to accept the delisted wastewater
                                                                 treatment sludge. The exclusion becomes
                                                                 effective as of [insert final publication
                                                                 date].
                                                                1. Delisting Levels: (A) The constituent
                                                                 concentrations measured in a leachate extract
                                                                 may not exceed the following concentrations (mg/
                                                                 L): antimony--3.15; arsenic--0.25; cadmium--1;
                                                                 chromium--5; lead--5; and zinc--6,000. (B)
                                                                 Maximum allowable groundwater concentrations
                                                                 (mg/L) are as follows: antimony--0.006;
                                                                 arsenic--0.0005; cadmium--0.005; chromium--0.1;
                                                                 lead--0.015; and zinc--11.3.
                                                                2. Annual Verification Testing: To verify that
                                                                 the waste does not exceed the specified
                                                                 delisting concentrations, Owosso must collect
                                                                 and analyze one waste sample on an annual basis
                                                                 using methods with appropriate detection
                                                                 concentrations and elements of quality control.
                                                                 SW-846 Method 1311 must be used for generation
                                                                 of the leachate extract used in the testing of
                                                                 the delisting levels if oil and grease comprise
                                                                 less than 1 percent of the waste. SW-846 Method
                                                                 1330A must be used for generation of the
                                                                 leaching extract if oil and grease comprise 1
                                                                 percent or more of the waste. SW-846 Method
                                                                 9071B must be used for determination of oil and
                                                                 grease. SW-846 Methods 1311, 1330A, and 9071B
                                                                 are incorporated by reference in 40 CFR 260.11.
                                                                 A total analysis of the waste (accounting for
                                                                 any filterable liquids and the dilution factor
                                                                 inherent in the TCLP method) may be used to
                                                                 estimate the TCLP concentration as provided for
                                                                 in section 1.2 of Method 1311.
                                                                3. Changes in Operating Conditions: Owosso must
                                                                 notify the EPA in writing if the manufacturing
                                                                 process, the chemicals used in the
                                                                 manufacturing process, the treatment process,
                                                                 or the chemicals used in the treatment process
                                                                 significantly change. Owosso must handle wastes
                                                                 generated after the process change as hazardous
                                                                 until it has: Demonstrated that the wastes
                                                                 continue to meet the delisting concentrations
                                                                 in section 1.; demonstrated that no new
                                                                 hazardous constituents listed in appendix VIII
                                                                 of part 261 have been introduced; and it has
                                                                 received written approval from EPA.
                                                                4. Data Submittals: Owosso must submit the data
                                                                 obtained through verification testing or as
                                                                 required by other conditions of this rule to
                                                                 U.S. EPA Region 5, RCRA Delisting Program (LR-
                                                                 8J), 77 W. Jackson Boulevard, Chicago, IL
                                                                 60604. The annual verification data and
                                                                 certification of proper disposal must be
                                                                 submitted upon the anniversary of the effective
                                                                 date of this exclusion. Owosso must compile,
                                                                 summarize, and maintain on site for a minimum
                                                                 of five years records of operating conditions
                                                                 and analytical data. Owosso must make these
                                                                 records available for inspection. All data must
                                                                 be accompanied by a signed copy of the
                                                                 certification statement in 40 CFR
                                                                 260.22(i)(12).

[[Page 67925]]


                                                                5. Reopener Language--(A) If, anytime after
                                                                 disposal of the delisted waste, Owosso
                                                                 possesses or is otherwise made aware of any
                                                                 data (including but not limited to leachate
                                                                 data or groundwater monitoring data) relevant
                                                                 to the delisted waste indicating that any
                                                                 constituent is at a concentration in the
                                                                 leachate higher than the specified delisting
                                                                 concentration, or is in the groundwater at a
                                                                 concentration higher than the maximum allowable
                                                                 groundwater concentration in paragraph (1),
                                                                 then Owosso must report such data, in writing,
                                                                 to the Regional Administrator within 10 days of
                                                                 first possessing or being made aware of that
                                                                 data. (B) Based on the information described in
                                                                 paragraph (A) and any other information
                                                                 received from any source, the Regional
                                                                 Administrator will make a preliminary
                                                                 determination as to whether the reported
                                                                 information requires Agency action to protect
                                                                 human health or the environment. Further action
                                                                 may include suspending, or revoking the
                                                                 exclusion, or other appropriate response
                                                                 necessary to protect human health and the
                                                                 environment. (C) If the Regional Administrator
                                                                 determines that the reported information does
                                                                 require Agency action, the Regional
                                                                 Administrator will notify Owosso in writing of
                                                                 the actions the Regional Administrator believes
                                                                 are necessary to protect human health and the
                                                                 environment. The notice shall include a
                                                                 statement of the proposed action and a
                                                                 statement providing Owosso with an opportunity
                                                                 to present information as to why the proposed
                                                                 Agency action is not necessary or to suggest an
                                                                 alternative action. Owosso shall have 30 days
                                                                 from the date of the Regional Administrator's
                                                                 notice to present the information. (D) If after
                                                                 30 days Owosso presents no further information
                                                                 or after a review of any submitted information,
                                                                 the Regional Administrator will issue a final
                                                                 written determination describing the Agency
                                                                 actions that are necessary to protect human
                                                                 health or the environment. Any required action
                                                                 described in the Regional Administrator's
                                                                 determination shall become effective
                                                                 immediately, unless the Regional Administrator
                                                                 provides otherwise.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-27886 Filed 11-3-10; 8:45 am]
BILLING CODE 6560-50-P

