[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82515-82517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23274]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2024; FRL-12229-01-R6]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending an 
exclusion for Bayer Material Science LLC, Baytown, Texas facility to 
reflect changes in ownership and name.

DATES: This rule is effective October 11, 2024.

FOR FURTHER INFORMATION CONTACT: Eshala Dixon, RCRA Permits & Solid 
Waste Section (LCR-RP), Land, Chemicals and Redevelopment Division, EPA 
Region 6, 1201 Elm Street, Suite 500, Dallas, TX 75270, phone number: 
214-665-6592; email address: <a href="/cdn-cgi/l/email-protection#56323f2e39387833253e373a371633263778313920"><span class="__cf_email__" data-cfemail="cfaba6b7a0a1e1aabca7aea3ae8faabfaee1a8a0b9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In this document EPA is amending appendix IX 
to part 261 to reflect a change in the ownership and name of a 
particular facility. This action documents the transfer of ownership 
and name change by updating appendix IX to incorporate the change in 
owner's name for the Bayer Material Science LLC, Baytown, TX facility 
for the exclusion from hazardous waste (K027) (K104) (K111) and (K112) 
from the wastewater treatment plant. The exclusion or ``delisting'' was 
granted to Bayer Material Science LLC on July 25, 2005 (see 70 FR 
49187). The EPA has been notified that the transfer of ownership of the 
Bayer Material Science LLC, Baytown, TX facility to Covestro Industrial 
Park Baytown occurred on September 1st 2015. Covestro has certified 
that it plans to comply with all the terms and conditions set forth in 
the delisting and will not change the characteristics of the wastes 
subject to the exclusion at the Baytown, TX facility. This action 
documents the change by updating appendix IX to incorporate a change in 
name.
    The changes to appendix IX to part 261 are effective October 11, 
2024. 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 with the requirements of the exclusion. 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.) 553(d). The EPA has determined that having 
a proposed rulemaking and public comment on this change is unnecessary, 
as it involves only a change in company ownership, with all of the same 
delisting requirements remaining in effect.

List of Subjects in 40 CFR Part 261

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

    Dated: September 30, 2024.
Helena Healy,
Director, Land, Chemicals and Redevelopment Division, Region 6.

    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, 6924(y) and 
6938.


0
2. Amend table 1 of Appendix IX to part 261 by removing the second 
entry for ``Bayer Material Science LLC'' ``Baytown, TX'' and adding an 
entry for ``Covestro Industrial Park Baytown'' in alphabetical order by 
facility.

[[Page 82516]]

    The addition reads as follows:

Appendix IX to Part 261--Waste 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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                                                  * * * * * * *
Covestro Industrial Park Baytown  Baytown, TX..................  Outfall 007 Treated Effluent (EPA hazardous
                                                                  Waste No. K027, K104, K111 and K112) generated
                                                                  at a maximum rate of 18,071,150 cubic yards
                                                                  (5.475 billion gallons) per calendar year
                                                                  after July 25, 2005, as it exits the Outfall
                                                                  Tank and disposed in accordance with the TPDES
                                                                  permit.
                                                                 The delisting levels set do not relieve Bayer
                                                                  of its duty to comply with the limits set in
                                                                  its TPDES permit. For the exclusion to be
                                                                  valid, Covestro must implement a verification
                                                                  testing program that meets the following
                                                                  Paragraphs:
                                                                 (1) Delisting Levels: All concentrations for
                                                                  those constituents must not exceed the maximum
                                                                  allowable concentrations in mg/kg specified in
                                                                  the paragraph.
                                                                    Outfall 007 Treated Effluent Total
                                                                     Concentrations (mg/kg): Antimony-0.0816;
                                                                     Arsenic-0.385, Barium-22.2; Chromium-153.0;
                                                                     Copper-3620.0;Cyanide-0.46;Mercury-
                                                                     0.0323;Nickel-11.3;Selenium-0.23;Thallium-
                                                                     0.0334;Vanadium-8.38;Zinc;112.0;Acetone-
                                                                     14.6;Acetophenone-15.8;Aniline-
                                                                     0.680;Benzene-0.0590;
                                                                     Bis(2ethylhexyl)phthalate-1260.0;
                                                                     Bromodichloromethane-0.0719; Chloroform-
                                                                     0.077; Di-n-octyl phthalate-454.0;2,4-
                                                                     Dinitrotoluene-0.00451; Diphenylamine-11.8;
                                                                     1,4-Dioxana-1.76; Di-n-butyl phthalate-
                                                                     149.0; Fluoranthaene-24.6; Methylene
                                                                     chloride-0.029; Methyl ethyl ketone-87.9;
                                                                     Nitrobenzene-0.0788; m-phenylenediamine-
                                                                     0.879;Pyrene-39.0;1,1,1,2-Tetrachloroethane-
                                                                     0.703; o-Toluidine-0.0171; p-Toluidine-
                                                                     0.215; 2,4-Toluenediamine-0.00121. Toluene
                                                                     diisocyanate-0.001.
                                                                 (2) Waste Holding and Handling:
                                                                    (A) Waste classification as non-hazardous
                                                                     cannot begin until compliance with the
                                                                     limits set in paragraph (1) for the treated
                                                                     effluent has occurred for two consecutive
                                                                     quarterly sampling events and those reports
                                                                     have been approved by the EPA.
                                                                 The delisting for the treated effluent applies
                                                                  only during periods of TPDES compliance.
                                                                 (B) If constituent levels in any sample taken
                                                                  by Covestro exceed any of the delisting levels
                                                                  set in paragraph (1) for the treated effluent,
                                                                  Covestro must do the following: (i) notify EPA
                                                                  in accordance with paragraph (6) and (ii)
                                                                  Manage and dispose the treated effluent as
                                                                  hazardous waste generated under Subtitle C of
                                                                  RCRA (iii) Routine inspection and regular
                                                                  maintenance of the effluent pipe line must
                                                                  occur to prevent spills and leaks of the
                                                                  treated effluent prior to discharge.
                                                                 (1) Testing Requirements: Sample collection and
                                                                  analyses, including quality control
                                                                  procedures, must be performed using
                                                                  appropriate methods. As applicable to the
                                                                  method-defined parameters of concern, analyses
                                                                  requiring the use of SW-846 methods
                                                                  incorporated by references in 40 CFR 260.11
                                                                  must be used without substitution. As
                                                                  applicable, the SW-846 methods might include
                                                                  Methods 0010, 0011, 0020, 0023A, 0030, 0031,
                                                                  0040, 0050, 0051, 0060, 0061, 1010A, 1020B,
                                                                  1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C,
                                                                  9012B, 9040C, 9045D, 9060A, 9070A (used EPA
                                                                  method 1664, Rev A), 9071B and 9095B. Methods
                                                                  must meet Performance based Measurement System
                                                                  Criteria in which Data Quality objectives are
                                                                  to demonstrate that representative samples of
                                                                  the Covestro treated effluent meet the
                                                                  delisting levels in paragraph (1).
                                                                 (A) Quarterly Testing: Upon the exclusion
                                                                  becoming final, Covestro may perform quarterly
                                                                  analytical testing by sampling and analyzing
                                                                  the treated effluent as follows (i) Collect
                                                                  two representative composite samples of the
                                                                  treated effluent at quarterly intervals after
                                                                  EPA grants the final exclusion. The first
                                                                  composite samples may be taken at any time
                                                                  after EPA grants the final approval. Sampling
                                                                  should be performed in accordance with the
                                                                  sampling plan approved by EPA in support of
                                                                  the exclusion. (ii) Analyze the samples for
                                                                  all constituents listed in paragraph (1). Any
                                                                  composite sample taken that exceeds the
                                                                  delisting levels listed in paragraph (1) for
                                                                  the treated effluent must be disposed of as a
                                                                  hazardous waste in accordance with the
                                                                  applicable hazardous waste requirements in its
                                                                  TPDES discharge permit. (iii) Within thirty
                                                                  (30) days after taking its first quarterly
                                                                  sample, Covestro will report its first
                                                                  quarterly analytical test date to EPA. If
                                                                  levels of constituents measured in the samples
                                                                  of the treated effluent do not exceed the
                                                                  levels set forth in paragraph (1) of this
                                                                  exclusion for two consecutive quarters,
                                                                  Covestro can mange and dispose the
                                                                  nonhazardous treated effluent according to all
                                                                  applicable solid waste regulations.
                                                                 (B) Annual Testing: (i) If Covestro completes
                                                                  the four (4) quarterly testing events
                                                                  specified in paragraph (3) (A) above and no
                                                                  samples contains a constituent with a level
                                                                  which exceeds the limits set forth in
                                                                  paragraph (1), Covestro may begin annual
                                                                  testing as follows: Covestro must test two
                                                                  representative composite samples of the
                                                                  treated effluent for all constituents listed
                                                                  in paragraph (1) at least once per calendar
                                                                  year. (ii) The samples for the annual testing
                                                                  shall be a representative composite sample
                                                                  according to appropriate methods. As
                                                                  applicable to the method-defined parameters of
                                                                  concern, analyses requiring the use of SW-846
                                                                  methods incorporated by reference in 40 CFR
                                                                  260.11 must be used with substitution. As
                                                                  applicable the SW-846 methods might include
                                                                  Methods 0010, 0020, 0023A, 0030, 0031, 0040,
                                                                  0050, 0051,0060, 0061, 1010A, 1020A, 1110A
                                                                  1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B,
                                                                  9040C, 9045D, 9060A, 9070A (used EPA Method
                                                                  1664 Rev. A) 9071B and 9005B. Methods must
                                                                  meet Performance Based Management System
                                                                  Criteria in which the Data Quality Objectives
                                                                  are to demonstrate that representative samples
                                                                  of the Covestro treated effluent testing taken
                                                                  for the second and subsequent annual testing
                                                                  events shall be taken within the same calendar
                                                                  month as he first annual sample taken.

[[Page 82517]]

 
                                                                 (1) Changes in Operating Conditions: If
                                                                  Covestro significantly changes the process
                                                                  describes in its petition or starts any
                                                                  process that generates(s) the waste that may
                                                                  or could affect the composition or type of
                                                                  waste generated as established under paragraph
                                                                  (1) (by illustration, but nit limitation
                                                                  changes in equipment or operating conditions
                                                                  of the treatment process), it must notify EPA
                                                                  in writing; it may no longer handle the waste
                                                                  generated from the new process as nonhazardous
                                                                  until the waste meet the delisting levels set
                                                                  in paragraphs (1) and it has received written
                                                                  approval to do so from EPA. Covestro must
                                                                  submit a modification to the petition complete
                                                                  with full sampling and analysis for
                                                                  circumstances where volume changes and/or
                                                                  additional waste codes are added to the waste
                                                                  stream.
                                                                 (2) Data Submittals: Covestro must submit the
                                                                  information described below. If Covestro fails
                                                                  to submit the required data within the
                                                                  specified time or maintain the required
                                                                  records on site for the specified time, EPA,
                                                                  at its discretion, will consider this
                                                                  sufficient basis to reopen the exclusion as
                                                                  described in paragraph (6). Covestro must: (i)
                                                                  Submit the data obtained through paragraph (3)
                                                                  to the Section Supervisor, RCRA Corrective
                                                                  Action, UST, Solid Waste and Permit Branch,
                                                                  EPA Region 6 1201 Elm Street Suite 500,
                                                                  Dallas, Texas 75270, Mail Code, (6LCR-RC)
                                                                  within the time specified. (ii) Compile
                                                                  records of analytical data from paragraph (3),
                                                                  summarized, and maintained on-site for a
                                                                  minimum of five years. (iii) Furnish these
                                                                  records and data when either EPA or the State
                                                                  of Texas request them for inspection. (iv)
                                                                  Send along with all data signed copy of
                                                                  following certification statement, to attest
                                                                  to the truth and accuracy of the data
                                                                  submitted:
                                                                 ``Under civil and criminal penalty of law for
                                                                  the making or submission of false or
                                                                  fraudulent statements or representations
                                                                  (pursuant to the applicable provisions of the
                                                                  Federal Code, which include, but may not be
                                                                  limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928,
                                                                  I certify that the information contained in or
                                                                  accompanying this documents is true, accurate
                                                                  and complete.
                                                                 Also, to the (those) identified section(s) of
                                                                  this document for which I cannot personally
                                                                  verify its (their) truth and accuracy, I
                                                                  certify as the company official having a
                                                                  supervisory responsibility for the persons
                                                                  who, acting under my direct instructions made
                                                                  the verification that this information is
                                                                  true, accurate and complete.
                                                                 If any of this information is determined by EPA
                                                                  in its ole discretion to be false, inaccurate
                                                                  or incomplete, and upon conveyance of this
                                                                  fact to the company, I recognize and agree
                                                                  that this exclusion of waste will be void as
                                                                  it never had effect or to the extent directed
                                                                  by EPA and that the company will be liable for
                                                                  any actions taken in contravention of the
                                                                  company's RCRA and CERCLA obligations premised
                                                                  upon the company's reliance on the void
                                                                  exclusion.''
                                                                 (3) Reopener: (i) If, any time after disposal
                                                                  of the delisted waste Covestro possess 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 including that
                                                                  any constituent identified for the delisting
                                                                  verification testing is at level higher than
                                                                  the delisting level allowed by the Division
                                                                  Director within 10 days of first possessing or
                                                                  being made aware of that data. (ii) If either
                                                                  the quarterly or annual testing of the waste
                                                                  does not meet the delisting requirements in
                                                                  paragraph (1) Covestro must report the data,
                                                                  in writing, to the Division Director with 10
                                                                  days of first possessing or being made aware
                                                                  of that data. (iii) if Covestro fails to
                                                                  submit the information described in paragraph
                                                                  (5), (6)(i), or (6)(ii) or if any other
                                                                  information is received from any source, the
                                                                  Division Director will make a preliminary
                                                                  determination as to whether the reported
                                                                  information requires EPA action to protect
                                                                  human health and/or the environment. Further
                                                                  action may include suspending, or revoking the
                                                                  exclusion, or other appropriate response
                                                                  necessary to protect human health and the
                                                                  environment. (iv) if the Division Director
                                                                  determines that the reported information
                                                                  requires action by EPA, the Division Director
                                                                  will notify the facility in writing of the
                                                                  actions the Division Director believes are
                                                                  necessary to protect human health and the
                                                                  environment. The notice shall include a
                                                                  statement of the proposed action and a
                                                                  statement providing the facility with an
                                                                  opportunity to present information as to why
                                                                  the proposed EPA action is not necessary. The
                                                                  facility shall have 10 days from the date of
                                                                  the Division Director's notice to present such
                                                                  information. (v) Following the receipt of
                                                                  information from the facility described in
                                                                  paragraph (6)(iv) or (if no information is
                                                                  presented under paragraph (6)(iv)(ii) the
                                                                  initial receipt of information described in
                                                                  paragraphs (5)(6)(i) or (6)(ii), the Division
                                                                  Director will issue a final written
                                                                  determination describing EPA actions that are
                                                                  necessary to protect human health and/or the
                                                                  environment. Any required action described in
                                                                  the Division Directors' determination shall
                                                                  become effective immediately, unless the
                                                                  Division Director provides otherwise.
 
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[FR Doc. 2024-23274 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P


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