Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 42735 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 18, 2015. 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 

of today’s 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Sulfur dioxide, 

Reporting and recordkeeping 

requirements. 

Dated: July 6, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart II—North Carolina 

■ 2. Section 52.1770(c) is amended 

under Table 1, at Subchapter 2D Air 

Pollution Control Requirements, Section 

.0400 Ambient Air Quality Standards by 

revising the entries for ‘‘.0402,’’ and 

‘‘.0407’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

Subchapter 2D Air Pollution Control Requirements 

*******

Section .0400 Ambient Air Quality Standards 

******

Sect .0402 ......................... Sulfur Dioxide ............................................................. 9/1/2011 7/20/2015 [Insert citation 

of publication].

* * * * * * * 

Sect .0407 ......................... Nitrogen Dioxide ......................................................... 9/1/2011 7/20/2015 [Insert citation 

of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2015–17683 Filed 7–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R01–RCRA–2012–0447; FRL–9930– 

54–Region–1] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the 

exclusion for International Business 

Machines Corporation (IBM) in Essex 

Junction, Vermont to reflect changes in 

ownership and name. 

DATES: This amendment is effective on 

July 20, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Leitch, RCRA Waste 

Management and UST Section, Office of 

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42736 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 

Site Remediation and Restoration, (Mail 

Code: OSRR07–01), EPA Region 1, 5 

Post Office Square, Suite 100, Boston, 

MA 02109–3912; telephone number: 

(617) 918–1647; fax number (617) 918– 

0647; email address: leitch.sharon@

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. Today’s notice documents the 

transfer of ownership and name change 

by updating appendix IX to incorporate 

the change in owner’s name for the IBM 

Corporation, Essex Junction, Vermont 

facility. The exclusion or ‘‘delisting’’ 

was granted to IBM on September 13, 

2012 (see 77 FR 56558). The EPA has 

been notified that the transfer of 

ownership of the Essex Junction facility 

to GLOBALFOUNDRIES U.S. 2 LLC will 

occur on July 1, 2015. 

GLOBALFOUNDRIES 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 Essex Junction facility. This notice 

documents the change by updating 

appendix IX to incorporate a change in 

name. 

In accordance with the delisting 

approval, IBM has completed the 

quarterly verification testing 

requirements set forth in paragraph 

3.(A) and has submitted the first set of 

annual testing results in accordance 

with paragraph 3.(B). As part of this 

notice, EPA is clarifying the 

requirements for annual reporting found 

in paragraph 3.(B)(iii) of the delisting 

approval. The paragraph currently 

requires that the annual test report 

include the annual testing data and the 

annual amount of waste in cubic yards 

disposed of during the calendar year. 

However, as a result of the timing of the 

delisting approval, annual testing occurs 

during August and September of each 

year and the reports are submitted to 

EPA soon thereafter. With this notice 

EPA is clarifying that the reporting of 

the annual sludge volumes shall occur 

separately from the annual testing 

reports. As a result, the delisting is 

being modified to include paragraph 

3.(B)(iv) to reflect this change. We are 

also clarifying in paragraph 3.(B)(iii) 

that the annual testing results shall be 

submitted to EPA within thirty days 

after both annual samples have been 

taken. 

The changes to appendix IX of part 

261 are effective July 20, 2015. 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.) 5531(d). The EPA has 

determined that having a proposed rule 

and public comment on this change is 

unnecessary, as it involves only a 

change in company ownership, and a 

clarification, 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. 

Authority: Section 3001(f) RCRA, 42 

U.S.C. 6921(f) 

Dated: June 29, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1. 

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. Table 1 of Appendix IX to part 261 

is amended by removing the ‘‘IBM 

Corporation’’ entry and adding a new 

entry ‘‘GLOBALFOUNDRIES U.S. 2 

LLC’’ in alphabetical order by facility to 

read 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 

*******

GLOBALFOUNDRIES U.S. 2 LLC 

(formerly, ‘‘IBM Corporation’’).

Essex Junction, VT Wastewater Treatment Sludge (Hazardous Waste No. F006) generated at a maximum annual rate of 3,150 cubic yards per calendar year and disposed of in a 

Subtitle D Landfill which is licensed, permitted, or otherwise authorized by a state 

to accept the delisted wastewater treatment sludge. GLOBALFOUNDRIES U.S. 2 

LLC must implement a testing program that meets the following conditions for the 

exclusion to be valid: 1. Delisting Levels: (A) All leachable concentrations for the 

following constituents must not exceed the following levels (mg/L for TCLP): Arsenic—5.0; Barium—100.0; Cadmium—1.0; Chromium—5.0; Lead—5.0; Mercury 

0.2; and, Nickel—32.4. 

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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 42737 

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

Facility Address Waste description 

2. Waste Handling and Holding: (A) GLOBALFOUNDRIES U.S. 2 LLC must manage 

as hazardous all WWTP sludge generated until it has completed initial verification 

testing described in paragraph (3)(A) and valid analyses show that paragraph (1) 

is satisfied and written approval is received by EPA. (B) Levels of constituents 

measured in the samples of the WWTP sludge that do not exceed the levels set 

forth in paragraph (1) for two consecutive quarterly sampling events are non-hazardous. After approval is received from EPA, GLOBALFOUNDRIES U.S. 2 LLC 

can manage and dispose of the non-hazardous WWTP sludge according to all applicable solid waste regulations. (C) Not withstanding having received the initial 

approval from EPA, if constituent levels in a later sample exceed any of the 

Delisting Levels set in paragraph (1), from that point forward, 

GLOBALFOUNDRIES U.S. 2 LLC must treat all the waste covered by this exclusion as hazardous until it is demonstrated that the waste again meets the levels in 

paragraph (1). GLOBALFOUNDRIES U.S. 2 LLC must manage and dispose of 

the waste generated under Subtitle C of RCRA from the time that it becomes 

aware of any exceedance. 

3. Verification Testing Requirements: GLOBALFOUNDRIES U.S. 2 LLC must perform sample collection and analyses in accordance with the approved Quality Assurance Project Plan dated January 27, 2011. All samples shall be representative 

composite samples 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 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 

(uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that samples of the GLOBALFOUNDRIES U.S. 2 LLC 

sludge are representative for all constituents listed in paragraph (1). To verify that 

the waste does not exceed the specified delisting concentrations, for one year 

after the final exclusion is granted GLOBALFOUNDRIES U.S. 2 LLC must perform 

quarterly analytical testing by sampling and analyzing the WWTP sludge as follows: (A) Quarterly Testing: (i) Collect two representative composite samples of 

the WWTP sludge at quarterly intervals after EPA grants the final exclusion. The 

first composite samples must be taken within 30 days after EPA grants the final 

approval. The second set of samples must be taken at least 30 days after the first 

set. (ii) Analyze the samples for all constituents listed in paragraph (1). Any waste 

regarding which a composite sample is taken that exceeds the delisting levels listed in paragraph (1) for the sludge must be disposed as hazardous waste in accordance with the applicable hazardous waste requirements from the time that 

GLOBALFOUNDRIES U.S. 2 LLC becomes aware of any exceedance. (iii) Within 

thirty (30) days after taking each quarterly sample, GLOBALFOUNDRIES U.S. 2 

LLC will report its analytical test data to EPA. If levels of constituents measured in 

the samples of the sludge do not exceed the levels set forth in paragraph (1) of 

this exclusion for two consecutive quarters, and EPA concurs with those findings, 

GLOBALFOUNDRIES U.S. 2 LLC can manage and dispose the non-hazardous 

sludge according to all applicable solid waste regulations. (B) Annual Testing: (i) If 

GLOBALFOUNDRIES U.S. 2 LLC completes the quarterly testing specified in 

paragraph (3) above and no sample contains a constituent at a level which exceeds the limits set forth in paragraph (1), GLOBALFOUNDRIES U.S. 2 LLC may 

begin annual testing as follows: GLOBALFOUNDRIES U.S. 2 LLC must test two 

representative composite samples of the wastewater treatment sludge (following 

the same protocols as specified for quarterly sampling, above) for all constituents 

listed in paragraph (1) at least once per calendar year. (ii) The samples for the 

annual testing taken for the second and subsequent annual testing events shall 

be taken within the same calendar month as the first annual sample taken. (iii) 

GLOBALFOUNDRIES U.S. 2 LLC shall submit an annual testing report to EPA 

with all of its annual test results, within thirty (30) days after taking the two annual 

samples. (iv) GLOBALFOUNDRIES U.S. 2 LLC shall submit to EPA in January of 

each year the total amount of waste in cubic yards disposed during the previous 

calendar year. 

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42738 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 

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

Facility Address Waste description 

4. Changes in Operating Conditions: If GLOBALFOUNDRIES U.S. 2 LLC significantly changes the manufacturing or treatment process described in the petition, 

or the chemicals used in the manufacturing or treatment process, it must notify 

the EPA in writing and may no longer handle the wastes generated from the new 

process as non-hazardous unless and until the wastes are shown to meet the 

delisting levels set in paragraph (1), GLOBALFOUNDRIES U.S. 2 LLC demonstrates that no new hazardous constituents listed in appendix VIII of part 261 

have been introduced, and GLOBALFOUNDRIES U.S. 2 LLC has received written 

approval from EPA to manage the wastes from the new process under this exclusion. While the EPA may provide written approval of certain changes, if there are 

changes that the EPA determines are highly significant, the EPA may instead require GLOBALFOUNDRIES U.S. 2 LLC to file a new delisting petition. 

5. Data Submittals and Recordkeeping: GLOBALFOUNDRIES U.S. 2 LLC must submit the information described below. If GLOBALFOUNDRIES U.S. 2 LLC 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). 

GLOBALFOUNDRIES U.S. 2 LLC must: (A) Submit the data obtained through 

paragraph (3) to the Chief, RCRA Waste Management & UST Section, U.S. EPA 

Region 1, (OSRR07–1), 5 Post Office Square, Suite 100, Boston, MA 02109– 

3912, within the time specified. All supporting data can be submitted on CD–ROM 

or some comparable electronic media; (B) Compile, summarize, and maintain on 

site for a minimum of five years and make available for inspection records of operating conditions, including monthly and annual volumes of WWTP sludge generated, analytical data, including quality control information and, copies of the notification(s) required in paragraph (7); (C) Submit with all data a signed copy of the 

certification statement in 40 CFR 260.22(i)(12). 

6. Reopener Language—(A) If, anytime, after disposal of the delisted waste, 

GLOBALFOUNDRIES U.S. 2 LLC possesses or is otherwise made aware of any 

environmental data (including but not limited to leachate data or groundwater 

monitoring data) or any other relevant data to the delisted waste indicating that 

any constituent is at a concentration in the leachate higher than the specified 

delisting concentration, then GLOBALFOUNDRIES U.S. 2 LLC must report such 

data, in writing, to the Regional Administrator and to the Vermont Agency of Natural Resources Secretary within 10 days of first possessing or being made aware 

of that data. (B) Based on the information described in paragraph (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 GLOBALFOUNDRIES U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2 LLC with an opportunity to 

present information as to why the proposed Agency action is not necessary or to 

suggest an alternative action. GLOBALFOUNDRIES U.S. 2 LLC shall have 30 

days from the date of the Regional Administrator’s notice to present the information. (D) If after 30 days GLOBALFOUNDRIES U.S. 2 LLC presents no further information or after a review of any submitted information, 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. 

7. Notification Requirements: GLOBALFOUNDRIES U.S. 2 LLC must do the following before transporting the delisted waste: (A) Provide a one-time written notification to any state Regulatory Agency to which or through which it will transport 

the delisted waste described above for disposal, 60 days before beginning such 

activities; (B) Update the one-time written notification if it ships the delisted waste 

to a different disposal facility. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. 

*******

[FR Doc. 2015–17672 Filed 7–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

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