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06/02/2005 01:50 PM To

James Michael/DC/USEPA/US@EPA, GailAnn Cooper/DC/USEPA/US@EPA

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Subject

(152135045) F019 Comment Submission

11a. Mr.

12\. Last Name

Coss

13\. First Name

Raymond

14\. Job Title

Senior Counsel

15\. Organization

Nissan North America, Inc.

16\. Address

983 Nissan Drive, Bin 17U

17\. City

Smyrna

18\. State

TN

19\. Zip Code

37167

20\. Telephone

615-220-8072

21\. Fax

615-459-1684

22\. E-mail

ray.coss@nissan-usa.com

23\. Question/Comments

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

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

U.S.

COMMENTS IN SUPPORT OF RULEMAKING TO AMEND HAZARDOUS WASTE LISTING F019

• Nissan fully supports the Agency amending hazardous waste listing F019

to exclude from the listing wastewater treatment sludges from the zinc

phosphating conversion process used in the automobile manufacturing

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

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

phosphating, not the zinc phosphating process used in the automobile

industry. The chromium phosphating process generates hexavalent chromium

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

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

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

Appendix VIII hazardous constituents.

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

to address this issue than the continued reliance on individual
delisting

petitions. Site-specific individual delisting petitions are extremely

inefficient and resource intensive for both the industrial source and

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

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

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

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

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

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

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

across the industry. Indeed, twelve individual delisting petitions for

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

In this case, the uniformity of the waste st!

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

• EPA should approach this clarification based on the original

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

complex methodologies that EPA has imposed on individual petitions for

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

process, and the initial listing decisions. In evaluating this

clarification, EPA should follow the approach taken with the initial

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

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

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

zirconium phosphating performed during wasting of aluminum cans "should

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

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

while potentially useful in evaluating individual delisting petitions,

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

aracteristics of a waste stream from an entire industry sector.

Likewise, this clarification should not focus on setting

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

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

evaluate the waste stream based upon the statutory criteria.

End of comments by Nissan North America, Inc.

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