[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64289-64293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27156]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R10-RCRA-2018-0538; FRL-9987-68-Region 10]


Hazardous Waste Management System; Identifying and Listing 
Hazardous Waste Exclusion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) (also, ``the 
Agency'' in this preamble) is granting a petition submitted by Sandvik 
Special Metals (Sandvik), in Kennewick, Washington to exclude (or 
``delist'') up to 1,500 cubic yards of F006 wastewater treatment sludge 
per year from the list of Federal hazardous wastes. The EPA has decided 
to grant the petition based on an evaluation of waste-specific 
information provided by Sandvik and a consideration of public comments 
received. This action conditionally excludes the petitioned waste from 
the requirements of hazardous waste regulations under the Resource 
Conservation and Recovery Act (RCRA) when disposed of in a Subtitle D 
landfill permitted, licensed, or registered by a State. The rule also 
imposes testing conditions for waste generated in the future to ensure 
that this waste continues to qualify for delisting. Subject to state-
only requirements within the State of Washington, or federally-
authorized or state-only requirements in other states where the subject 
wastes may be disposed of, Sandvik's petitioned waste may be disposed 
of in a Subtitle D landfill which is permitted, licensed, or registered 
by a State to manage municipal solid waste, or non-municipal non-
hazardous waste.

DATES: This final rule is effective on December 14, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. [EPA-R10-RCRA-2018-0538]. All documents in the docket are 
listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available electronically through www.regulations.gov or in hard copy at 
the RCRA Records Center, 16th floor, U.S. EPA, Region 10, 1200 6th 
Avenue, Suite 155, OAW-150, Seattle, Washington 98101. This facility is 
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The EPA recommends you telephone Dr. David Bartus at (206) 
553-2804 before visiting the Region 10 office. The public may copy 
material from the regulatory docket at 15 cents per page.

FOR FURTHER INFORMATION CONTACT: Dr. David Bartus, EPA, Region 10, 1200 
6th Avenue, Suite 155, OAW-150, Seattle, Washington 98070; telephone 
number: (206) 553-2804; email address: <a href="/cdn-cgi/l/email-protection#3c5e5d4e48494f12585d4a597c594c5d125b534a"><span class="__cf_email__" data-cfemail="8ae8ebf8fefff9a4eeebfcefcaeffaeba4ede5fc">[email protected]</span></a>.
    As discussed in Section V below, the Washington State Department of 
Ecology is evaluating Sandvik's petition under state authority. 
Information on Ecology's action may be found at https://fortress.wa.gov/ecy/publications/SummaryPages/1804023.html.

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

I. Background
    A. What is a delisting petition?
    B. What regulations allow a waste to be delisted?
II. Sandvik's Petition
    A. What waste did Sandvik petition EPA to delist?
    B. What information was submitted in support of this petition?
III. EPA's Evaluation and Public Comments
    A. What decision is EPA finalizing and why?
    B. Public Comments Received and EPA's Response
IV. Final Rule
    A. What are the terms of this exclusion?
    B. When is the Delisting Effective?
    C. How does this action affect the states?
V. Statutory and Executive Order Reviews

I. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to exclude waste 
from the list of hazardous wastes under RCRA regulations. In a 
delisting petition, the petitioner must show that waste generated at a 
particular facility does not meet any of the criteria for which EPA 
listed the waste as set forth in 40 CFR 261.11 and the background 
document for the waste. In addition, a petitioner must demonstrate that 
the waste does not exhibit any of the hazardous waste characteristics 
(that is, ignitability, reactivity, corrosivity, and toxicity) and must 
present sufficient information for us to decide whether factors other 
than those for which the waste was listed warrant retaining it as a 
hazardous waste. See 40 CFR 260.22, Section 3001(f) of RCRA, 42 U.S.C. 
6921(f) and the background documents for a listed waste.
    A generator of a waste excluded from the hazardous waste lists of 
40 CFR part 261 subpart D remains obligated under RCRA to confirm that 
its waste remains nonhazardous based on the hazardous waste 
characteristics in order to continue to manage the waste as non-
hazardous. See 40 CFR 260.22(c)(4).

B. What regulations allow a waste to be delisted?

    Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), facilities may 
petition the EPA to remove their wastes from hazardous waste storage 
and treatment requirements by excluding them from the lists of 
hazardous wastes contained in 40 CFR 261.31 and 261.32. Specifically, 
40 CFR 260.20 allows any

[[Page 64290]]

person to petition the Administrator to modify or revoke any provision 
of 40 CFR parts 260 through 266, 268, and 27340 CFR 260.22 provides a 
generator the opportunity to petition the Administrator to exclude a 
waste from the lists of hazardous wastes on a ``generator specific'' 
basis.

II. Sandvik's Petition

A. What waste did Sandvik petition EPA to delist?

    On April 27, 2018, Sandvik petitioned the EPA to exclude an annual 
volume of up to 1,500 cubic yards of F006 wastewater treatment sludges 
generated at its facility located in Kennewick, Washington from the 
list of hazardous wastes contained in 40 CFR 261.31. F006 is defined in 
40 CFR 261.31 as ``Wastewater treatment sludges from electroplating 
operations . . .'' Sandvik 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 a hazardous waste.

B. What information was submitted in support of this petition?

    Sandvik conducted a detailed chemical analysis of their WWTF sludge 
according to a written sampling and analysis plan (SAP), provided as 
Attachment 2 to the delisting petition. Sandvik also asserted in its 
analysis that its waste does not meet the criteria for which F006 waste 
was listed and there are no other factors that might cause the waste to 
be a hazardous waste.
    To support its assertion that the waste should be excluded, Sandvik 
collected numerous samples of the waste for analysis as documented in 
the preamble to the EPA's proposed delisting rulemaking. The EPA 
assessed Sandvik's data presented in the petition with respect to its 
intended use, and found the data were of sufficient quality and 
quantity to satisfy delisting decision criteria.

III. EPA's Evaluation and Public Comments

A. What decision is EPA finalizing and why?

    Today the EPA is finalizing an exclusion for up to 1,500 cubic 
yards of wastewater treatment sludge generated annually at the Sandvik 
facility in Kennewick, Washington. Sandvik petitioned EPA to exclude, 
or delist, the wastewater treatment sludge because Sandvik believed 
that the petitioned waste does not meet the criteria for which it was 
listed and that there are no additional constituents or factors which 
could cause the waste to be a hazardous waste. Review of this petition 
included consideration of the original listing criteria, as well as the 
additional factors required by the Hazardous and Solid Waste Amendments 
of 1984 (HSWA). See 42 U.S.C. 6921(f), and 40 CFR 260.22(d)(2) through 
(4).
    The EPA proposed on September 12, 2018 (83 FR 46126) to exclude or 
delist the wastewater treatment sludge generated at Sandvik's facility 
from the list of hazardous wastes in 40 CFR 261.31 and accepted public 
comment on the proposed rulemaking. The EPA considered all comments 
received, and for reasons stated in both the proposal and this 
document, has determined that the wastewater treatment sludge from 
Sandvik's facility should be excluded from hazardous waste control.

B. Public Comments Received and EPA's Response

    The EPA received six public comments on the proposed rulemaking. 
Three of these comments supported the EPA's proposed exclusion 
(comments 0020, 0021 and 0023). Comment 0020 did raise a concern 
regarding the effect of the proposed delisting on residents of 
Kennewick. The EPA appreciates this concern, noting that the analysis 
supporting the proposed exclusion clearly documents that management of 
Sandvik's waste under the exclusion will be fully protective of 
residents both Kennewick, Washington and any solid waste landfill that 
may receive Sandvik's delisted waste. Comment 21 suggested that annual 
verification sampling and analysis could be done more frequently. Based 
on documentation provided by Sandvik regarding the highly-regulated 
nature of Sandvik's production process that is expected to result in 
the petitioned waste to remain largely consistent over time, the EPA 
does not believe that a requirement to perform verification sampling 
and analysis more frequently than annually is warranted.
    One commenter (comment 0022) raised questions concerning glass 
recycling not relevant to the proposed exclusion.
    Two comments recommended that the EPA perform additional analysis 
before finalizing the proposed exclusion. Comment 0019 stated that more 
research is needed regarding the effects of arsenic groundwater 
contamination, and on the direction of groundwater from the receiving 
landfill. This commenter also requested that the sludge be tested for 
the characteristics of ignitability, reactivity and corrosivity. 
Sandvik used the Delisting Risk Assessment Software (DRAS) model to 
develop and document compliance with delisting criteria on a 
constituent-specific basis, including arsenic. The DRAS model reflects 
established science and policy regarding multipath analysis including 
groundwater. The results of this modeling indicate to the EPA that no 
additional research is needed prior to finalization of the requested 
exclusion. Regarding the commenter's question regarding the direction 
of groundwater flow from the receiving landfill, EPA does not exercise 
direct control over a receiving landfill through the delisting process. 
Rather, the EPA specifies as a condition of this delisting that the 
receiving landfill be licensed, permitted, or otherwise authorized by a 
state as a municipal solid waste landfill subject to 40 CFR part 258, 
or non-municipal, non-hazardous industrial waste landfill subject to 40 
CFR 257.5 through 257.30. The EPA has added clarifying language to this 
effect in Condition 2 of this exclusion. This ensures that questions 
such as the direction of groundwater flow and appropriate groundwater 
monitoring of the receiving landfill are appropriately considered 
through state approval of the receiving landfill. The EPA has 
determined that this approach is fully protective of human health and 
the environment with respect to the receiving landfill's acceptance of 
wastes excluded under today's action. Finally, Federal delisting 
regulations clearly state that candidate wastes cannot exhibit a 
hazardous characteristic. Sandvik's petition documents compliance with 
this requirement based on data characterizing the waste as of the date 
of Sandvik's petition, and conditions of the final exclusion ensure 
future compliance with this requirement.
    Comment 24 stated that the proposed rule should not go into effect 
without an independent evaluation of the waste water sought to be 
excluded, and that it is inappropriate to rely on the evaluation of the 
petitioner alone. The EPA has performed an extensive and detailed 
review of Sandvik's petition, providing exactly the independent 
analysis requested by the commenter. The EPA does not believe further 
independent analysis of Sandvik's petition is necessary or warranted.
    The EPA also received comments from the Washington State Department 
of Ecology. In addition to editorial and clarification suggestions, 
Ecology requested more specific language regarding the scope of solid 
waste landfills eligible to receive wastes managed under this 
exclusion, and requested a condition be added requiring Sandvik to 
provide Ecology

[[Page 64291]]

with a copy of verification data generated pursuant to this exclusion. 
The EPA has included revised language that better defines those solid 
waste landfills eligible to receive wastes managed under this 
exclusion, and that requires Sandvik to provide Ecology with a copy of 
verification data.

IV. Final Rule

A. What are the terms of this exclusion?

    Sandvik must dispose of this waste in a subtitle D landfill 
licensed, permitted or otherwise authorized by a state, and will remain 
obligated to verify that the waste meets the allowable concentrations 
set forth here. Sandvik must also continue to determine that the waste 
does not exhibit any of the characteristics of hazardous waste in 40 
CFR part 261 subpart C. This exclusion applies only to a maximum annual 
volume of 1,500 cubic yards per calendar year and is effective only if 
all conditions contained in this rule are satisfied. Should Sandvik 
generate candidate wastes in excess of this quantity, they must be 
managed as hazardous waste. Sandvik may not apply such excess amount to 
the 1500 cubic yard limit of the following year.

B. When is the delisting effective?

    This rule is effective December 14, 2018. The Hazardous and Solid 
Waste Amendments of 1984 amended section 3010 of RCRA, 42 U.S.C. 
6930(b)(1), to allow rules to become effective in less than six months 
when the regulated community does not need the six-month period to come 
into compliance. This rule reduces rather than increases the existing 
requirements and, therefore, is effective immediately upon publication 
under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(d).

C. How does this action affect the States?

    Today's exclusion is being issued under the Federal RCRA delisting 
program. Therefore, only states subject to Federal RCRA delisting 
provisions would be affected. This exclusion is not effective in states 
that have received authorization to make their own delisting decisions. 
Also, the exclusion may not be effective in states having a dual system 
that includes Federal RCRA requirements and their own requirements. The 
EPA allows states to impose their own 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. As noted in 
the proposed rule preamble, the Washington State Department of Ecology 
is expected to make a parallel decision under their separate state 
authority. The EPA also notes that if Sandvik transports the petitioned 
waste to or manages the waste in any state with delisting authorization 
or their own state-only delisting requirements, it must obtain a 
delisting from that state before it can manage the waste as 
nonhazardous in that state. The EPA urges the petitioner to contact the 
state regulatory authority in each state to or through which it may 
wish to ship its waste to establish the status of its wastes under the 
state's laws.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget because it is a rule of particular applicability, not general 
applicability. The action approves a delisting petition under RCRA for 
the petitioned waste at a particular facility.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory 
action. This final rule provides meaningful burden reduction by 
allowing the petitioner to manage an estimated annual quantity of 1,500 
cubic yards of residual solids a year under RCRA Subtitle D management 
standards rather than the more stringent RCRA Subtitle C standards. 
This action will significantly reduce the costs associated with the on-
site management, transportation and disposal of this waste stream by 
shifting its management from RCRA Subtitle C hazardous waste management 
to RCRA Subtitle D nonhazardous waste management.

C. Paperwork Reduction Act

    This action 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 only applies to a particular facility.

D. Regulatory Flexibility Act

    Because this rule is of particular applicability relating to a 
particular facility, it is not subject to the regulatory flexibility 
provision of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

F. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538) and does not 
significantly or uniquely affect small governments. The action imposes 
no new enforceable duty on any state, local, or tribal governments or 
the private sector.

G. Executive Order 13132: Federalism

    This action 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.

H. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action applies only to a particular 
facility on non-tribal land. Thus, Executive Order 13175 does not apply 
to this action.

I. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. The health and safety risks of the petitioned waste were 
evaluated using the EPA's Delisting Risk Assessment Software (DRAS), 
which considers health and safety risks to children. Use of the DRAS is 
described in section III.E of the proposed delisting. The technical 
support document and the user's guide for DRAS are available at https://www.epa.gov/hw/hazardous-waste-delisting-risk-assessment-software-dras.

J. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

[[Page 64292]]

K. National Technology Transfer and Advancement Act

    This action does not involve technical standards as described by 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note).

L. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
EPA has determined that this action will not have disproportionately 
high and adverse human health or environmental effects on minority or 
low-income populations because it does not affect the level of 
protection provided to human health or the environment. The EPA's risk 
assessment, as described in section III.E in the proposed delisting, 
did not identify unacceptable risks from management of this material in 
an authorized or permitted RCRA Subtitle D solid waste landfill (e.g. 
municipal solid waste landfill or commercial/industrial solid waste 
landfill). Therefore, the EPA believes that any populations in 
proximity of the landfills used by this facility should not be 
adversely affected by common waste management practices for this 
delisted waste.

M. Congressional Review Act

    This action is exempt from the Congressional Review Act (5 U.S.C. 
801 et seq.) because it is a rule of particular applicability.

List of Subjects in 40 CFR Part 261

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

    Dated: December 6, 2018.
Lisa McArthur,
Acting Director, Office of Air and Waste.

    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. Amend Table 1 of appendix IX to part 261 by adding the waste stream 
entry ``Sandvik Special Metals'' 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
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               Facility                        Address                          Waste description
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                                                  * * * * * * *
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Sandvik Special Metals...............  Kennewick, Washington..  Wastewater treatment sludges, F006, generated at
                                                                 Sandvik Special Metals (Sandvik) facility in
                                                                 Kennewick, Washington at a maximum annual rate
                                                                 of 1,500 cubic yards per calendar year. The
                                                                 sludge must be disposed of in a landfill which
                                                                 is licensed, permitted, or otherwise authorized
                                                                 by a state to manage municipal solid waste
                                                                 subject to 40 CFR part 258, or non-municipal,
                                                                 non-hazardous industrial waste subject to 40
                                                                 CFR 257.5 through 257.30. The exclusion becomes
                                                                 effective as of December 14, 2018.
                                                                1. Delisting Levels: (A) The constituent
                                                                 concentrations in a representative sample of
                                                                 the waste must not exceed the following levels:
                                                                 Total concentrations (mg/kg): Arsenic-9,840;
                                                                 Cadmium-37,100; Chromium-77,500; Cobalt-
                                                                 103,000. TCLP Concentrations (mg/l in the waste
                                                                 extract): Arsenic-0.042; Barium-100; Cadmium-
                                                                 0.451; Chromium-5.00; Cobalt-1.06; Copper-120;
                                                                 Fluoride-194; Lead-2.95; Nickel-66.4; Silver-
                                                                 5.00; Vanadium-16.9; Zinc-992. (B) Sandvik must
                                                                 also demonstrate that the waste does not
                                                                 exhibit any hazardous waste characteristic in
                                                                 40 CFR 261, Subpart C based on a representative
                                                                 sample of the waste.
                                                                2. Annual Verification Testing and Disposal: To
                                                                 verify that the waste does not exceed the
                                                                 delisting concentrations specified in Sections
                                                                 1.A and I.B, Sandvik must collect and analyze
                                                                 one representative waste sample with coolant on
                                                                 an annual basis no later than each anniversary
                                                                 of the effective date of this delisting using
                                                                 methods with appropriate detection
                                                                 concentrations and elements of quality control.
                                                                 If both titanium and zirconium products have
                                                                 been in production and contributed to candidate
                                                                 wastes within the three-month period prior to
                                                                 each anniversary of the effective date of this
                                                                 delisting, samples of waste from both
                                                                 manufacturing processes must be collected for
                                                                 that verification period. Otherwise, sampling
                                                                 only of that material in production within the
                                                                 specified three-month period is required.
                                                                 Sampling and analytical data must be provided
                                                                 to the EPA, with a copy to the Washington State
                                                                 Department of Ecology, no later 60 days
                                                                 following each anniversary of the effective
                                                                 date of this delisting, or such later date as
                                                                 the EPA may agree to in writing. Sandvik must
                                                                 conduct all verification sampling and analysis
                                                                 according to a written sampling and analysis
                                                                 plan and associated quality assurance project
                                                                 plan that ensures analytical data are suitable
                                                                 for their intended use, which must be made
                                                                 available to the EPA upon request. Sandvik's
                                                                 annual submission must also include a
                                                                 certification that all wastes satisfying the
                                                                 delisting concentrations in Conditions 1.A and
                                                                 1.B have been disposed of in a landfill which
                                                                 is licensed, permitted, or otherwise authorized
                                                                 by a state to manage municipal solid waste
                                                                 subject to 40 CFR part 258, or non-municipal,
                                                                 non-hazardous industrial waste subject to 40
                                                                 CFR 257.5 through 257.30.
                                                                3. Changes in Operating Conditions: Sandvik must
                                                                 notify the EPA in writing if it significantly
                                                                 changes the manufacturing process, the
                                                                 chemicals used in the manufacturing process,
                                                                 the treatment process, or the chemicals used in
                                                                 the treatment process. Sandvik must handle
                                                                 wastes generated after the process change as
                                                                 hazardous waste until it has demonstrated that
                                                                 the wastes continue to meet the delisting
                                                                 concentrations in sections 1.A and B,
                                                                 demonstrated that no new hazardous constituents
                                                                 listed in 40 CFR Part 261 Appendix VIII have
                                                                 been introduced into the manufacturing process
                                                                 or waste treatment process, and it has received
                                                                 written approval from the EPA that it may
                                                                 continue to manage the waste as non-hazardous
                                                                 waste.

[[Page 64293]]

 
                                                                4. Data Submittals: Sandvik must submit the data
                                                                 obtained through verification testing or as
                                                                 required by other conditions of this rule to
                                                                 the Director, Office of Air and Waste, U.S. EPA
                                                                 Region 10, 1200 6th Avenue Suite 155, OAW-150,
                                                                 Seattle, Washington, 98070 or his or her
                                                                 equivalent. The annual verification data and
                                                                 certification of proper disposal must be
                                                                 submitted within 60 days after each anniversary
                                                                 of the effective date of this delisting
                                                                 exclusion, or such later date as the EPA may
                                                                 agree to in writing. Sandvik must compile,
                                                                 summarize, and maintain on-site for a minimum
                                                                 of five years, records of analytical data
                                                                 required by this rule, and operating conditions
                                                                 relevant to those data. Sandvik 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). If Sandvik fails to submit the
                                                                 required data within the specified time or
                                                                 maintain the required records on-site for the
                                                                 specified time, the EPA may, at its discretion,
                                                                 consider such failure a sufficient basis to
                                                                 reopen the exclusion as described in paragraph
                                                                 5.
                                                                5. Reopener Language--(A) If, any time after
                                                                 disposal of the delisted waste, Sandvik
                                                                 possesses or is otherwise made aware of any
                                                                 data relevant to the delisted waste indicating
                                                                 that any constituent is at a higher
                                                                 concentration than the specified delisting
                                                                 concentration or exhibits any of the
                                                                 characteristics of hazardous waste in 40 CFR
                                                                 part 261 Subpart C, then Sandvik must report
                                                                 such data, in writing, to the Director, Office
                                                                 of Air and Waste, EPA, Region 10, or his or her
                                                                 equivalent, within 10 days of first possessing
                                                                 or being made aware of that data, whichever is
                                                                 earlier.
                                                                (B) Based on the information described in
                                                                 paragraph (A) and any other information
                                                                 received from any source, the EPA 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 EPA determines that the reported
                                                                 information requires it to act, the EPA will
                                                                 notify Sandvik in writing of the actions it
                                                                 believes are necessary to protect human health
                                                                 and the environment. The notice shall include a
                                                                 statement of the proposed action and a
                                                                 statement providing Sandvik with an opportunity
                                                                 to present information as to why the proposed
                                                                 EPA action is not necessary or to suggest an
                                                                 alternative action. Sandvik shall have 30 days
                                                                 from the date of the EPA's notice to present
                                                                 the information.
                                                                (D) If after 30 days Sandvik presents no further
                                                                 information or after a review of any submitted
                                                                 information, the EPA will issue a final written
                                                                 determination describing the EPA actions that
                                                                 are necessary to protect human health or the
                                                                 environment. Any required action described in
                                                                 the EPA's determination shall become effective
                                                                 immediately unless the EPA provides otherwise.
 
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[FR Doc. 2018-27156 Filed 12-13-18; 8:45 am]
 BILLING CODE 6560-50-P


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