Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 82515 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 10, 

2024. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section in this issue of the Federal 

Register, rather than file an immediate 

petition for judicial review of this direct 

final rule, so that EPA can withdraw 

this direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Industrial 

facilities, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: October 2, 2024. 

David Cash, 

Regional Administrator, EPA Region 1. 

For the reasons stated in the 

preamble, part 62 of chapter I, title 40 

of the Code of Federal Regulations is 

amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLAN 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

■ 2. Revise § 62.4980 to read as follows: 

§ 62.4980 Identification of Plan—negative 

declaration. 

On May 3, 2018, the Maine 

Department of Environmental Protection 

submitted a letter certifying no existing 

sources subject to 40 CFR part 60, 

subpart DDDD operate within the State’s 

jurisdiction. 

■ 3. Revise § 62.5475 to read as follows: 

§ 62.5475 Identification of Plan—negative 

declaration. 

On December 18, 2018, the 

Massachusetts Department of 

Environmental Protection submitted a 

letter certifying no existing sources 

subject to 40 CFR part 60, subpart DDDD 

operate within the Commonwealth’s 

jurisdiction. 

[FR Doc. 2024–23172 Filed 10–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

dixon.eshala@epa.gov. 

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 

■ 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. 

■ 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. 


ddrumheller on DSK120RN23PROD with RULES1
82516 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 

The addition reads as follows: Appendix IX to Part 261—Waste 

Excluded Under §§ 260.20 and 260.22 

TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

*******

Facility Address Waste description 

*******

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;Nickel11.3;Selenium-0.23;Thallium-0.0334;Vanadium-8.38;Zinc;112.0;Acetone-14.6;Acetophenone15.8;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; Nitrobenzene0.0788; m-phenylenediamine-0.879;Pyrene-39.0;1,1,1,2-Tetrachloroethane-0.703; o-Toluidine0.0171; 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. 


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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 82517 

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

Facility 

(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. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–23274 Filed 10–10–24; 8:45 am] 

BILLING CODE 6560–50–P 


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