
[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Rules and Regulations]               
[Page 17419-17423]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap09-20]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2008-0457; SW-FRL-8787-8]

 
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Final Exclusion

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Environmental Protection Agency (EPA) is granting a petition 
submitted by Cooper Crouse-Hinds to exclude (or delist) the sludge and 
filter sand (called sludge hereinafter) from its wastewater treatment 
plant (WWTP) generated by Cooper Crouse-Hinds in Amarillo, Texas from 
the lists of hazardous wastes. This final rule responds to the petition 
submitted by Cooper Crouse-Hinds, to delist the WWTP sludge with 
Hazardous Waste Number, F006. After careful analysis and use of the 
Delisting Risk Assessment Software (DRAS), EPA has concluded the 
petitioned waste is not hazardous waste. This exclusion applies to 816 
cubic yards per year of the WWTP sludge with Hazardous Waste Number: 
F006. Accordingly, this final rule excludes the petitioned waste from 
the requirements of hazardous waste regulations under the Resource 
Conservation and Recovery Act (RCRA) when it is disposed in a Subtitle 
D Landfill.

DATES: Effective Date: April 15, 2009.

ADDRESSES: The public docket for this final rule is located at the 
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202, and is available for viewing in EPA Freedom of Information 
Act review room on the 7th floor from 8 a.m. to 4 p.m., Monday through 
Friday, excluding Federal holidays. Call (214) 665-6444 for 
appointments. The reference number for this docket is EPA-R06-RCRA-
2008-0457. The public may copy material from any regulatory docket at 
no cost for the first 100 pages and at a cost of $0.15 per page for 
additional copies.

FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the 
Corrective Action and Waste Minimization Section, Multimedia Planning 
and Permitting Division (6PD-C), Environmental Protection Agency Region 
6, 1445 Ross Avenue, Dallas, Texas 75202. For technical information 
concerning this notice, contact Youngmoo Kim, Environmental Protection 
Agency Region 6, 1445 Ross Avenue, (6PD-C), Dallas, Texas 75202, at 
(214) 665-6788, or kim.youngmoo@epa.gov.

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

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this action?
    C. What are the limits of this exclusion?
    D. How will Cooper Crouse-Hinds manage the waste if it is 
delisted?
    E. When is the final delisting exclusion effective?
    F. How does this final rule affect states?
II. Background
    A. What is a delisting?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did Cooper Crouse-Hinds petition EPA to delist?
    B. How much waste did Cooper Crouse-Hinds propose to delist?
    C. How did Cooper Crouse-Hinds sample and analyze the waste data 
in this petition?
IV. Public Comments Received on the Proposed Exclusion
    A. Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    After evaluating the petition, EPA proposed on September 23, 2008, 
to exclude the WWTP sludge from the lists of hazardous waste under 40 
CFR 261.31 and 261.32 (see 73 FR 54770). EPA is finalizing the decision 
to grant Cooper Crouse-Hinds' delisting petition to have its WWTP 
sludge managed and disposed as non-hazardous waste provided certain 
verification and monitoring conditions are met.

B. Why is EPA approving this action?

    Cooper Crouse-Hinds' petition requests a delisting from the F006 
waste listing under 40 CFR 260.20 and 260.22. Cooper Crouse-Hinds does 
not believe that the petitioned waste meets the criteria for which EPA 
listed it. Cooper Crouse-Hinds also believes no additional constituents 
or factors could cause the waste to be hazardous. EPA's review of this 
petition included consideration of the original listing criteria and 
the additional factors required by the Hazardous and Solid Waste 
Amendments of 1984. See section 3001(f) of RCRA, 42 U.S.C. 6921(f), and 
40 CFR 260.22 (d)(1)-(4) (hereinafter all sectional references are to 
40 CFR unless otherwise indicated). In making the final delisting 
determination, EPA evaluated the petitioned waste against the listing 
criteria and factors cited in Sec.  261.11(a) (2) and (a)(3). Based on 
this review, EPA agrees with the petitioner that the waste is non-
hazardous with respect to the original listing criteria. If EPA had 
found, based on this review, that the waste remained hazardous based on 
the factors for which the waste as originally listed, EPA would have 
proposed to deny the petition. EPA evaluated the waste with respect to 
other factors or criteria to assess whether there is a reasonable basis 
to believe that such additional factors could cause the waste to be 
hazardous. EPA considered whether the waste is acutely toxic, the 
concentration of the constituents in the waste, their tendency to 
migrate and to bioaccumulate, their persistence in the environment once 
released from the waste, plausible and specific types of management of 
the petitioned waste, the quantities of waste generated, and waste 
variability. EPA believes that the petitioned waste does not meet the 
listing criteria and thus should not be a listed waste. EPA's final 
decision to delist waste from Cooper Crouse-Hinds' facility is based on 
the

[[Page 17420]]

information submitted in support of this rule, including descriptions 
of the wastes and analytical data from the Amarillo, Texas facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in the petition only 
if the requirements described in 40 CFR part 261, Appendix IX, Table 1 
and the conditions contained herein are satisfied.

D. How will Cooper Crouse-Hinds manage the waste if it is delisted?

    The sludge from Cooper Crouse-Hinds will be disposed of in a RCRA 
Subtitle D landfill.

E. When is the final delisting exclusion effective?

    This rule is effective April 15, 2009. The Hazardous and Solid 
Waste Amendments of 1984 amended Section 3010 of RCRA, 42 U.S.C. 
6930(b)(1) allows rules to become effective less than six months after 
the rule is published when the regulated community does not need the 
six-month period to come into compliance. That is the case here because 
this rule reduces, rather than increases, the existing requirements for 
persons generating hazardous waste. This reduction in existing 
requirements also provides a basis for making this rule effective 
immediately, upon publication, under the Administrative Procedure Act, 
pursuant to 5 U.S.C. 553(d).

F. How does this final rule affect states?

    Because EPA is issuing this exclusion under the Federal RCRA 
delisting program, only states subject to Federal RCRA delisting 
provisions will be affected. This would exclude states which have 
received authorization from EPA 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, 42 U.S.C. 6929. These more stringent requirements may include a 
provision that prohibits a Federally issued exclusion from taking 
effect in the state. Because a dual system (that is, both Federal 
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's 
waste, EPA urges petitioners to contact the State regulatory authority 
to establish the status of their wastes under the State law.
    EPA has also authorized some states (for example, Louisiana, 
Oklahoma, Georgia, and Illinois) to administer a RCRA 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 unless that state makes the rule part of its authorized program. 
If Cooper Crouse-Hinds transports the petitioned waste to or manages 
the waste in any state with delisting authorization, Cooper Crouse-
Hinds must obtain delisting authorization from that state before it can 
manage the waste as non-hazardous in the state.

II. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to EPA, or 
another agency with jurisdiction, to exclude or delist from the RCRA 
list of hazardous waste, certain wastes the generator believes should 
not be considered hazardous under RCRA.

B. What regulations allow facilities to delist a waste?

    Under Sec. Sec.  260.20 and 260.22, facilities may petition EPA to 
remove their wastes from hazardous waste regulation by excluding them 
from the lists of hazardous wastes contained in Sec. Sec.  261.31 and 
261.32. Specifically, Sec.  260.20 allows any person to petition the 
Administrator to modify or revoke any provision of 40 CFR parts 260 
through 265 and 268. Section 260.22 provides generators the opportunity 
to petition the Administrator to exclude a waste from a particular 
generating facility from the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow EPA 
to determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. Based 
on the information supplied by the generator, the Administrator must 
determine whether factors (including additional constituents) other 
than those for which the waste was listed could cause the waste to be a 
hazardous waste. The generator must also supply information to 
demonstrate that the waste does not exhibit any of the characteristics 
defined in Sec.  261.21-Sec.  261.24.

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

A. What waste did Cooper Crouse-Hinds petition EPA to delist?

    On March 13, 2008, Cooper Crouse-Hinds petitioned EPA to exclude 
from the lists of hazardous wastes contained in Sec. Sec.  261.31 and 
261.32, WWTP sludge listed as F006 generated by its facility located in 
Amarillo, Texas. The waste falls under the classification of listed 
waste pursuant to Sec.  261.31.

B. How much waste did Cooper Crouse-Hinds propose to delist?

    Specifically, in its petition, Cooper Crouse-Hinds requested that 
EPA grant an exclusion for 816 cubic yards per year of WWTP sludge.

C. How did Cooper Crouse-Hinds sample and analyze the waste data in 
this petition?

    To support its petition, Cooper Crouse-Hinds submitted:
     Historical information on waste generation and management 
practices;
     Results of the total constituents list for 40 CFR part 
264, Appendix IX volatile and semi-volatile organic compounds and 
metals. These wastes were also analyzed for cyanide and sulfide.
     Results of the constituent list for appendix IX on 
Toxicity Characteristic Leaching Procedure (TCLP) extract for 
volatiles, semi-volatiles, and metals.
     Results from total oil and grease analyses and multiple pH 
measurements, and
     Results from four samples for total concentrations of 
compounds of concern (COCs).

IV. Public Comments Received on the Proposed Exclusion

A. Who submitted comments on the proposed rule?

    No comments were received on the Proposed Rule during the comment 
period.

V. 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

[[Page 17421]]

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 the DRAS program, which considers health 
and safety risks to infants and 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, 
EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report which includes a copy of the rule to 
each House of the Congress and to the Comptroller General of the United 
States. Section 804 exempts from section 801 the following types of 
rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability.

Lists of Subjects in 40 CFR Part 261

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

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

    Dated: March 13, 2009.
Connie Suttice,
Acting Director, Multimedia Planning and Permitting Division Region 6.

0
For the reasons set out in the preamble, 40 CFR part 261 is amended as 
follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

0
2. In Table 1 of Appendix IX of Part 261, add the following waste 
stream (in alphabetical order by facility to read as follows:

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

                                Table 1--Waste Excluded From Non-Specific Sources
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               Facility                             Address                         Waste description
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                                                  * * * * * * *
Cooper Crouse-Hinds...................  Amarillo, TX..................  Wastewater Treatment Sludge (Hazardous
                                                                         Waste No. F006) generated at a maximum
                                                                         annual rate of 816 cubic yards per
                                                                         calendar year after April 15, 2009 and
                                                                         disposed in Subtitle D Landfill.
                                                                        For the exclusion to be valid, Cooper
                                                                         Crouse-Hinds must implement a
                                                                         verification testing program that meets
                                                                         the following Paragraphs:
                                                                        (1) Delisting Levels: All concentrations
                                                                         for those constituents must not exceed
                                                                         the maximum allowable concentrations in
                                                                         mg/l specified in this paragraph.
                                                                        WWTP Sludge Leachable Concentrations (mg/
                                                                         l):
                                                                           (i) Inorganic Constituents:
                                                                           Arsenic-0.0759; Barium-100; Cadmium-
                                                                            0.819; Copper-216; Iron-1.24;
                                                                            Manganese-145; Nickel-119; Zinc-18.
                                                                           (ii) Organic Constituents:
                                                                           Benzene-0.5.
                                                                        (2) Waste Holding and Handling:
                                                                        (A) Waste classification as non-
                                                                         hazardous can not begin until
                                                                         compliance with the limits set in
                                                                         paragraph (1) for WWTP sludge has
                                                                         occurred for two consecutive quarterly
                                                                         sampling events.
                                                                        (B) If constituent levels in any sample
                                                                         taken by Cooper Crouse-Hinds exceed any
                                                                         of the delisting levels set in
                                                                         paragraph (1) for the WWTP sludge,
                                                                         Cooper Crouse-Hinds must do the
                                                                         following:
                                                                           (i) Notify EPA in accordance with
                                                                            paragraph (6) and
                                                                           (ii) Manage and dispose WWTP sludge
                                                                            as hazardous waste generated under
                                                                            Subtitle C of RCRA.
                                                                        (3) Testing Requirements:
                                                                        Upon this exclusion becoming final,
                                                                         Cooper Crouse-Hinds may perform
                                                                         quarterly analytical testing by
                                                                         sampling and analyzing the WWTP sludge
                                                                         as follows:
                                                                        (A) Quarterly Testing:

[[Page 17422]]


                                                                           (i) Collect two representative
                                                                            composite samples of the sludge at
                                                                            quarterly intervals after EPA grants
                                                                            the final exclusion. The first
                                                                            composite samples may be taken at
                                                                            any time after EPA grants the final
                                                                            approval. Sampling must be performed
                                                                            in accordance with the sampling plan
                                                                            approved by EPA in support of the
                                                                            exclusion.
                                                                           (ii) Analyze the samples for all
                                                                            constituents listed in paragraph
                                                                            (1). Any composite sample taken that
                                                                            exceeds the delisting levels listed
                                                                            in paragraph (1) for the sludge must
                                                                            be disposed as hazardous waste in
                                                                            accordance with the applicable
                                                                            hazardous waste requirements.
                                                                           (iii) Within thirty (30) days after
                                                                            taking its first quarterly sample,
                                                                            Cooper Crouse-Hinds will report its
                                                                            first quarterly analytical test data
                                                                            to EPA. If levels of constituents
                                                                            measured in the samples of the
                                                                            sludge do not exceed the levels set
                                                                            forth in paragraph (1) of this
                                                                            exclusion for two consecutive
                                                                            quarters, Cooper Crouse-Hinds can
                                                                            manage and dispose the non-hazardous
                                                                            WWTP sludge according to all
                                                                            applicable solid waste regulations.
                                                                        (B) Annual Testing:
                                                                           (i) If Cooper Crouse-Hinds completes
                                                                            the quarterly testing specified in
                                                                            paragraph (3) above and no sample
                                                                            contains a constituent at a level
                                                                            which exceeds the limits set forth
                                                                            in paragraph (1), Cooper Crouse-
                                                                            Hinds may begin annual testing as
                                                                            follows: Cooper Crouse-Hinds must
                                                                            test two representative composite
                                                                            samples of the WWTP sludge for all
                                                                            constituents listed in paragraph (1)
                                                                            at least once per calendar year.
                                                                           (ii) The samples for the annual
                                                                            testing shall be a representative
                                                                            composite sample according to
                                                                            appropriate methods. As applicable
                                                                            to the method-defined parameters of
                                                                            concern, analyses requiring the use
                                                                            of SW-846 methods incorporated by
                                                                            reference in 40 CFR 260.11 must be
                                                                            used without substitution. As
                                                                            applicable, the SW-846 methods might
                                                                            include Methods 0010, 0011, 0020,
                                                                            0023A, 0030, 0031, 0040, 0050, 0051,
                                                                            0060, 0061, 1010A, 1020B,1110A,
                                                                            1310B, 1311, 1312, 1320, 1330A,
                                                                            9010C, 9012B, 9040C, 9045D, 9060A,
                                                                            9070A (uses EPA Method 1664, Rev.
                                                                            A), 9071B, and 9095B. Methods must
                                                                            meet Performance Based Measurement
                                                                            System Criteria in which the Data
                                                                            Quality Objectives are to
                                                                            demonstrate that samples of the WWTP
                                                                            sludge is representative for all
                                                                            constituents listed in paragraph
                                                                            (1).
                                                                           (iii) The samples for the annual
                                                                            testing taken for the second and
                                                                            subsequent annual testing events
                                                                            shall be taken within the same
                                                                            calendar month as the first annual
                                                                            sample taken.
                                                                           (iv) The annual testing report should
                                                                            include the total amount of delisted
                                                                            waste in cubic yards disposed as non-
                                                                            hazardous waste during the calendar
                                                                            year.
                                                                        (4) Changes in Operating Conditions: If
                                                                         Cooper Crouse-Hinds significantly
                                                                         changes the process described in its
                                                                         petition or starts any processes that
                                                                         generate(s) the waste that may or could
                                                                         affect the composition or type of waste
                                                                         generated (by illustration, but not
                                                                         limitation, changes in equipment or
                                                                         operating conditions of the treatment
                                                                         process), it must notify EPA in writing
                                                                         and it may no longer handle the wastes
                                                                         generated from the new process as non-
                                                                         hazardous until the wastes meet the
                                                                         delisting levels set in paragraph (1)
                                                                         and it has received written approval to
                                                                         do so from EPA.
                                                                        Cooper Crouse-Hinds must submit a
                                                                         modification to the petition, complete
                                                                         with full sampling and analysis, for
                                                                         circumstances where the waste volume
                                                                         changes and/or additional waste codes
                                                                         are added to the waste stream, if it
                                                                         wishes to dispose of the material as
                                                                         non-hazardous.
                                                                        (5) Data Submittals:
                                                                        Cooper Crouse-Hinds must submit the
                                                                         information described below. If Cooper
                                                                         Crouse-Hinds fails to submit the
                                                                         required data within the specified time
                                                                         or maintain the required records on-
                                                                         site for the specified time, EPA, at
                                                                         its discretion, will consider this
                                                                         sufficient basis to reopen the
                                                                         exclusion as described in paragraph
                                                                         (6). Cooper Crouse-Hinds must:
                                                                        (A) Submit the data obtained through
                                                                         paragraph (3) to the Chief, Corrective
                                                                         Action and Waste Minimization Section,
                                                                         Multimedia Planning and Permitting
                                                                         Division, U. S. Environmental
                                                                         Protection Agency Region 6, 1445 Ross
                                                                         Ave., Dallas, Texas, 75202, within the
                                                                         time specified. All supporting data can
                                                                         be submitted on CD-ROM or comparable
                                                                         electronic media.
                                                                        (B) Compile records of analytical data
                                                                         from paragraph (3), summarized, and
                                                                         maintained on-site for a minimum of
                                                                         five years.
                                                                        (C) Furnish these records and data when
                                                                         either EPA or the State of Texas
                                                                         requests them for inspection.
                                                                        (D) Send along with all data a signed
                                                                         copy of the following certification
                                                                         statement, to attest to the truth and
                                                                         accuracy of the data submitted:
                                                                        ``Under civil and criminal penalty of
                                                                         law for the making or submission of
                                                                         false or fraudulent statements or
                                                                         representations (pursuant to the
                                                                         applicable provisions of the Federal
                                                                         Code, which include, but may not be
                                                                         limited to, 18 U.S.C. 1001 and 42
                                                                         U.S.C. 6928), I certify that the
                                                                         information contained in or
                                                                         accompanying this document is true,
                                                                         accurate and complete.
                                                                        ``As to the (those) identified
                                                                         section(s) of this document for which I
                                                                         cannot personally verify its (their)
                                                                         truth and accuracy, I certify as the
                                                                         company official having supervisory
                                                                         responsibility for the persons who,
                                                                         acting under my direct instructions,
                                                                         made the verification that this
                                                                         information is true, accurate and
                                                                         complete.

[[Page 17423]]


                                                                        ``If any of this information is
                                                                         determined by EPA in its sole
                                                                         discretion to be false, inaccurate or
                                                                         incomplete, and upon conveyance of this
                                                                         fact to the company, I recognize and
                                                                         agree that this exclusion of waste will
                                                                         be void as if it never had effect or to
                                                                         the extent directed by EPA and that the
                                                                         company will be liable for any actions
                                                                         taken in contravention of the company's
                                                                         RCRA and CERCLA obligations premised
                                                                         upon the company's reliance on the void
                                                                         exclusion.''
                                                                        (6) Re-opener:
                                                                        (A) If, anytime after disposal of the
                                                                         delisted waste Cooper Crouse-Hinds
                                                                         possesses or is otherwise made aware of
                                                                         any environmental data (including but
                                                                         not limited to leachate data or ground
                                                                         water monitoring data) or any other
                                                                         data relevant to the delisted waste
                                                                         indicating that any constituent
                                                                         identified for the delisting
                                                                         verification testing is at level higher
                                                                         than the delisting level allowed by the
                                                                         Division Director in granting the
                                                                         petition, then the facility must report
                                                                         the data, in writing, to the Division
                                                                         Director within 10 days of first
                                                                         possessing or being made aware of that
                                                                         data.
                                                                        (B) If either the quarterly or annual
                                                                         testing of the waste does not meet the
                                                                         delisting requirements in paragraph
                                                                         (1), Cooper Crouse-Hinds must report
                                                                         the data, in writing, to the Division
                                                                         Director within 10 days of first
                                                                         possessing or being made aware of that
                                                                         data.
                                                                        (C) If Cooper Crouse-Hinds fails to
                                                                         submit the information described in
                                                                         paragraphs (5), (6)(A) or (6)(B) or if
                                                                         any other information is received from
                                                                         any source, the Division Director will
                                                                         make a preliminary determination as to
                                                                         whether the reported information
                                                                         requires EPA action to protect human
                                                                         health and/or the environment. Further
                                                                         action may include suspending, or
                                                                         revoking the exclusion, or other
                                                                         appropriate response necessary to
                                                                         protect human health and the
                                                                         environment.
                                                                        (D) If the Division Director determines
                                                                         that the reported information requires
                                                                         action by EPA, the Division Director
                                                                         will notify the facility in writing of
                                                                         the actions the Division Director
                                                                         believes are necessary to protect human
                                                                         health and the environment. The notice
                                                                         shall include a statement of the
                                                                         proposed action and a statement
                                                                         providing the facility with an
                                                                         opportunity to present information as
                                                                         to why the proposed EPA action is not
                                                                         necessary. The facility shall have 10
                                                                         days from the date of the Division
                                                                         Director's notice to present such
                                                                         information.
                                                                        (E) Following the receipt of information
                                                                         from the facility described in
                                                                         paragraph (6)(D) or (if no information
                                                                         is presented under paragraph (6)(D))
                                                                         the initial receipt of information
                                                                         described in paragraphs (5), (6)(A) or
                                                                         (6)(B), the Division Director will
                                                                         issue a final written determination
                                                                         describing EPA actions that are
                                                                         necessary to protect human health and/
                                                                         or the environment. Any required action
                                                                         described in the Division Director's
                                                                         determination shall become effective
                                                                         immediately, unless the Division
                                                                         Director provides otherwise.
                                                                        (7) Notification Requirements:
                                                                        Cooper Crouse-Hinds must do the
                                                                         following before transporting the
                                                                         delisted waste. Failure to provide this
                                                                         notification will result in a violation
                                                                         of the delisting petition and a
                                                                         possible revocation of the decision.
                                                                        (A) Provide a one-time written
                                                                         notification to any state Regulatory
                                                                         Agency to which or through which it
                                                                         will transport the delisted waste
                                                                         described above for disposal, 60 days
                                                                         before beginning such activities.
                                                                        (B) Update the one-time written
                                                                         notification if it ships the delisted
                                                                         waste into a different disposal
                                                                         facility.
                                                                        (C) Failure to provide this notification
                                                                         will result in a violation of the
                                                                         delisting variance and a possible
                                                                         revocation of the decision.

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[FR Doc. E9-8651 Filed 4-14-09; 8:45 am]

BILLING CODE 6560-50-P
