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[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Rules and Regulations]               
[Page 57686-57688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se10-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R05-RCRA-2010-0758; FRL-9201-2]

 
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.

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SUMMARY: The EPA (also, ``the Agency'' or ``we'') is amending the 
exclusion for the American Steel Cord facility in Scottsburg, Indiana 
to reflect changes in ownership and name.

DATES: This amendment is effective on September 22, 2010.

FOR FURTHER INFORMATION CONTACT: Todd Ramaly, Land and Chemicals 
Division, Region 5, Mail Code LR-8J, Environmental Protection Agency, 
77 W. Jackson Blvd., Chicago, Illinois 60604; telephone number: (312) 
353-9317; fax number: (312) 582-5190; e-mail address: 
ramaly.todd@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    In this document EPA is amending appendix IX to part 261 to reflect 
a change in the status of a particular exclusion and, as such, will 
apply to a single facility.

B. How can I get copies of related information?

    EPA has established a docket for this action under Docket ID No. 
EPA-R05-2010-0758. Publicly available docket materials are available 
either electronically through http://www.regulations.gov or in hard 
copy at the Records Center, 7th floor, U.S. EPA Region 5, 77 West 
Jackson Blvd., Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. We 
recommend you telephone Todd Ramaly at (312) 353-9317 before visiting 
the Region 5 office. The public may copy material from the regulatory 
docket at $0.15 per page.

C. Why is EPA taking this action?

    The petition process under Title 40 Code of Federal Regulations (40 
CFR) 260.20 and 260.22 allows facilities to demonstrate that a specific 
waste from a particular generating facility should not be regulated as 
a hazardous waste. Based on waste-specific information provided by the 
petitioner, EPA granted an exclusion for up to 3,000 cubic yards of 
F006, wastewater treatment sludges from electroplating operations, 
annually to American Steel Cord, Scottsburg (64 FR 3869, January 26, 
1999).
    On April 22, 2010, the Agency was notified that ownership of the 
Scottsburg facility had been transferred to Tokusen U.S.A., Inc. 
Scottsburg  (Tokusen). Tokusen certified it will meet all 
terms and conditions set forth in the delisting and will not change the 
characteristics of the waste at the Scottsburg facility without prior 
Agency approval. This notice documents the change by updating appendix 
IX to incorporate a change in name.
    There are also a number of minor typographical errors identified in 
the existing exclusion that will be fixed by this amendment. The 
sentences containing the list of verification constituents in condition 
1 of the exclusion are combined with a colon and the list of allowable 
concentrations with semicolons. The constituent ``benzo butyl 
phthlate'' is corrected to ``benzylbutylphthalate''. A zero is added 
before the decimal for concentrations that are less than 1. The 
description of the waste is corrected from ``wastewater treatment plant 
(WWTP) sludge'' to ``wastewater treatment sludges'' (description based 
on the listing). Confusing timing language in condition 4(d) of the 
exclusion is corrected from ``* * * (if no information is presented 
under paragraph (c) the initial receipt of information described in 
paragraph (a) * * *'' to ``* * * if no information is presented under 
paragraph (c) * * *''
    These changes to appendix IX of part 261 are effective September 
22, 2010. The Hazardous and Solid Waste Amendments of 1984 amended 
section 3010 of the Resource Conservation and Recovery Act (RCRA) 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. As described above, the facility has certified that it is 
prepared to comply. Therefore, a six-month delay in the effective date 
is not necessary in this case. This provides the basis for making this 
amendment effective immediately upon publication under the 
Administrative Procedures Act pursuant to 5 United States Code (U.S.C.) 
5531(d).

[[Page 57687]]

List of Subjects in 40 CFR Part 261

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

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

    Dated: September 14, 2010.
Bruce F. Sypniewski,
Acting Director, Land and Chemicals Division.

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. Table 1 of Appendix IX of part 261 is amended by removing the 
``American Steel Cord'' entry and adding a new entry ``Tokusen U.S.A., 
Inc. Scottsburg  (formerly American Steel Cord)'' 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 Specific Sources
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               Facility                        Address                          Waste description
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                                                  * * * * * * *
Tokusen U.S.A., Inc. Scottsburg  (formerly American Steel                               operations (EPA Hazardous Waste No. F006)
 Cord).                                                          generated at a maximum annual rate of 3,000
                                                                 cubic yards per year, after January 26, 1999,
                                                                 and disposed of in a Subtitle D landfill.
                                                                1. Verification Testing: Tokusen U.S.A., Inc.
                                                                 Scottsburg JFS America (Tokusen) must implement
                                                                 an annual testing program to demonstrate, based
                                                                 on the analysis of a minimum of four
                                                                 representative samples, that the constituent
                                                                 concentrations measured in the TCLP extract of
                                                                 the waste are within specific levels. The
                                                                 constituent concentrations must not exceed the
                                                                 following levels (mg/l) which are back-
                                                                 calculated from the delisting health-based
                                                                 levels and a DAF of 68: arsenic-3.4; barium-
                                                                 100; cadmium-0.34; chromium-5; copper-88.4;
                                                                 lead-1.02; mercury-0.136; nickel-6.8; selenium-
                                                                 1; silver-5; zinc-680; cyanide-13.6; acetone-
                                                                 272; benzylbutylphthalate-476; chloroform-0.68;
                                                                 1,4-dichlorobenzene-0.272; cis-1,2-
                                                                 dichloroethene-27.2; methylene chloride-0.34;
                                                                 naphthalene-68; styrene-6.8; tetrachloroethene-
                                                                 0.34; toluene-68; and xylene-680. Tokusen must
                                                                 measure and record the pH of the waste using SW
                                                                 846 method 9045 and must record all pH
                                                                 measurements performed in accordance with the
                                                                 TCLP.
                                                                2. Changes in Operating Conditions: If Tokusen
                                                                 significantly changes the manufacturing or
                                                                 treatment process or the chemicals used in the
                                                                 manufacturing or treatment process, Tokusen may
                                                                 handle the wastewater sludges generated from
                                                                 the new process under this exclusion only after
                                                                 the facility has demonstrated that the waste
                                                                 meets the levels set forth in paragraph 1 and
                                                                 that no new hazardous constituents listed in
                                                                 Appendix VIII of Part 261 have been introduced.
                                                                3. Data Submittals: The data obtained through
                                                                 annual verification testing or compliance with
                                                                 paragraph 2 must be submitted to U.S. EPA
                                                                 Region 5, 77 W. Jackson Blvd., Chicago, IL
                                                                 60604-3590, within 60 days of sampling. Records
                                                                 of operating conditions and analytical data
                                                                 must be compiled, summarized, and maintained on
                                                                 site for a minimum of five years and must be
                                                                 made available for inspection. All data must be
                                                                 accompanied by a signed copy of the
                                                                 certification statement in Sec.   260.22(i)(12)
                                                                 of this chapter.
                                                                4. (a) If, anytime after disposal of the
                                                                 delisted waste, Tokusen possesses or is
                                                                 otherwise made aware of any environmental data
                                                                 (including but not limited to leachate data or
                                                                 groundwater monitoring data) or any other data
                                                                 relevant to the delisted waste indicating that
                                                                 any constituent identified in Condition (1) is
                                                                 at a level in the leachate higher than the
                                                                 delisting level established in Condition (1),
                                                                 or is at a level in the ground water or soil
                                                                 higher than the health based level, then
                                                                 Tokusen must report such data, in writing, to
                                                                 the Regional Administrator within 10 days of
                                                                 first possessing or being made aware of that
                                                                 data.
                                                                (b) Based on the information described in
                                                                 paragraph 4. (a) and any other information
                                                                 received from any source, the Regional
                                                                 Administrator will make a preliminary
                                                                 determination as to whether the reported
                                                                 information requires Agency action to protect
                                                                 human health or the environment. Further action
                                                                 may include suspending, or revoking the
                                                                 exclusion, or other appropriate response
                                                                 necessary to protect human health and the
                                                                 environment.
                                                                (c) If the Regional Administrator determines
                                                                 that the reported information does require
                                                                 Agency action, the Regional Administrator will
                                                                 notify the facility in writing of the actions
                                                                 the Regional Administrator believes are
                                                                 necessary to protect human health and the
                                                                 environment. The notice shall include a
                                                                 statement of the proposed action and a
                                                                 statement providing the facility with an
                                                                 opportunity to present information as to why
                                                                 the proposed Agency action is not necessary or
                                                                 to suggest an alternative action. The facility
                                                                 shall have 10 days from the date of the
                                                                 Regional Administrator's notice to present such
                                                                 information.

[[Page 57688]]

                                                                (d) Following the receipt of information from
                                                                 the facility described in paragraph 4. (c) or
                                                                 if no information is presented under paragraph
                                                                 4. (c) the Regional Administrator will issue a
                                                                 final written determination describing the
                                                                 Agency actions that are necessary to protect
                                                                 human health or the environment. Any required
                                                                 action described in the Regional
                                                                 Administrator's determination shall become
                                                                 effective immediately, unless the Regional
                                                                 Administrator provides otherwise.

                                                  * * * * * * *
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[FR Doc. 2010-23693 Filed 9-21-10; 8:45 am]
BILLING CODE 6560-50-P
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