Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations 64289 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 5. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 6. Amend appendix A to part 70 by: 

■ a. Adding paragraph (a)(3) under the 

heading ‘‘Alabama’’; 

■ b. Adding paragraph (d) under the 

heading ‘‘Georgia’’; and 

■ c. Adding paragraph (d) under the 

heading ‘‘South Carolina’’. 

The additions read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Alabama 

(a) * * * 

(3) Revisions to Alabama Chapter 335–3– 

16-.15(4), submitted on May 19, 2017, to 

allow for electronic noticing of operating 

permits, are approved on November 15, 2018. 

* * * * * 

Georgia 

* * * * * 

(d) Revisions to Georgia Rule 391–3–1– 

.03(10) submitted on November 29, 2017, to 

allow for electronic noticing of operating 

permits, are approved on November 15, 2018. 

* * * * * 

South Carolina 

* * * * * 

(d) Revisions to South Carolina Regulation 

61–62.70, submitted on September 5, 2017, to 

allow for electronic noticing of operating 

permits, are approved on November 15, 2018. 

* * * * * 

[FR Doc. 2018–26247 Filed 12–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 nonmunicipal 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: 

bartus.dave@epa.gov. 

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 nonhazardous. 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 


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64290 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations 

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 constituentspecific 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, nonhazardous 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 


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Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations 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/lawsregulations/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/hazardouswaste-delisting-risk-assessmentsoftware-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. 


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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, lowincome 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 

■ 1. The authority citation for part 261 

continues to read as follows: 

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

6922, and 6938. 

■ 2. 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 §§ 260.20 and 260.22 

TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description 

*******

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. 


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Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations 64293 

TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

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. 

*******

[FR Doc. 2018–27156 Filed 12–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 180207141–8999–02] 

RIN 0648–BH74 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Groundfish Bottom Trawl and 

Midwater Trawl Gear in the Trawl 

Rationalization Program 

Correction 

In rule document 2018–26194, 

appearing on pages 62269 through 

62281, in the issue of Monday, 

December 3, 2018, make the following 

correction: 

On page 62280, in the first column, 

instruction 11 should read, ‘‘11. In 

§ 660.333, revise paragraphs (b)(1), 

(c)(1), and (d)(1) to read as follows:’’. 

[FR Doc. C1–2018–26194 Filed 12–13–18; 8:45 am] 

BILLING CODE 1300–01–D 


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