[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Proposed Rules]
[Pages 25797-25811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12427]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6012-3]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Proposed Exclusion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and request for comment.

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SUMMARY: The EPA is proposing to grant a petition submitted by 
Occidental Chemical Corporation (Occidental Chemical), to exclude (or 
delist) certain solid wastes generated at its Ingleside, Texas, 
facility from the lists of hazardous wastes contained in 40 CFR 261.24, 
261.31, and 261.32, (hereinafter all sectional references are to 40 CFR 
unless otherwise indicated). This petition was submitted under 
Sec. 260.20, which allows any person to petition the Administrator to 
modify or revoke any provision of parts 260 through 266, 268 and 273, 
and under Sec. 260.22, which specifically provides generators the 
opportunity to petition the Administrator to exclude a waste on a 
``generator specific'' basis from the hazardous waste lists. This 
proposed decision is based on an evaluation of waste-specific 
information provided by the petitioner. If this proposed decision is 
finalized, the petitioned waste will be excluded from the requirements 
of hazardous waste regulations under the Resource Conservation and 
Recovery Act (RCRA). The EPA is also proposing the use of a fate and 
transport model to evaluate the potential impact of the petitioned 
waste on human health and the environment, based on the waste-specific 
information provided by the petitioner. This model has been used in 
evaluating the petition to predict the concentration of hazardous 
constituents that may be released from the petitioned waste, once it is 
disposed. The EPA is requesting public comments on this proposed 
decision and on the applicability of the fate and transport model used 
to evaluate the petition.

DATES: Comments will be accepted until June 25, 1998. Comments 
postmarked after the close of the comment period will be stamped 
``late.''
    Any person may request a hearing on this proposed decision by 
filing a request with Acting Director, Robert E. Hannesschlager, 
Multimedia Planning and Permitting Division, whose address appears 
below, by May 26, 1998. The request must contain the information 
prescribed in Sec. 260.20(d).

ADDRESSES: Send three copies of your comments. Two copies should be 
sent to the William Gallagher, Delisting Section, Multimedia Planning 
and Permitting Division (6PD-O), Environmental Protection Agency EPA, 
1445 Ross Avenue, Dallas, Texas 75202. A third copy should be sent to 
the Texas Natural Resource Conservation Commission, 12100 Park 35 
Circle, Austin, Texas 78753. Identify your comments at the top with 
this regulatory docket number: ``F-97-TXDEL-OCCIDENTAL.''
    Requests for a hearing should be addressed to the Acting Director, 
Robert E. Hannesschlager, Multimedia Planning and Permitting Division 
(6PD), Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 
75202.
    The RCRA regulatory docket for this proposed rule is located at the 
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202 and is available for viewing in the EPA Library on the 12th 
Floor from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding 
Federal holidays. Call (214) 665-6444 for appointments. The public may 
copy material from any regulatory docket at no cost for the first 100 
pages, and at fifteen cents per page for additional copies.

FOR FURTHER INFORMATION CONTACT: For technical information concerning 
this notice, contact Jon Rinehart, Multimedia Planning and Permitting 
Division, Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Dallas, TX 75202, (214) 665-6789.

SUPPLEMENTARY INFORMATION:

I. Background

A. Authority

    On January 16, 1981, as part of its final and interim final 
regulations implementing section 3001 of RCRA, EPA published an amended 
list of hazardous wastes from non-specific and specific sources. This 
list has been amended several times, and is published in 261.31 and 
261.32. These wastes are listed as hazardous because they typically and 
frequently exhibit one or more of the characteristics of hazardous 
wastes identified in subpart C of part 261 (i.e., ignitability, 
corrosivity, reactivity, and toxicity) or meet the criteria for listing 
contained in Sec. 261.11(a)(2) or (a)(3).
    Individual waste streams may vary however, depending on raw 
materials, industrial processes, and other factors. Thus, while a waste 
that is described in these regulations generally is hazardous, a 
specific waste from an individual facility meeting the listing 
description

[[Page 25798]]

may not be. For this reason, Secs. 260.20 and 260.22 provide an 
exclusion procedure, allowing persons to demonstrate that a specific 
waste from a particular generating facility should not be regulated as 
a hazardous waste.
    To have their wastes excluded, petitioners must show that wastes 
generated at their facilities do not meet any of the criteria for which 
the wastes were listed. See Sec. 260.22(a) and the background documents 
for the listed wastes. In addition, the Hazardous and Solid Waste 
Amendments (HSWA) of 1984 require the EPA to consider any factors 
(including additional constituents) other than those for which the 
waste was listed, if there is a reasonable basis to believe that such 
additional factors could cause the waste to be hazardous. Accordingly, 
a petitioner also must demonstrate that the waste does not exhibit any 
of the hazardous waste characteristics (i.e., ignitability, reactivity, 
corrosivity, and toxicity), and must present sufficient information for 
the EPA to determine whether the waste contains any other toxicants at 
hazardous levels. See Sec. 260.22(a), 42 U.S.C. 6921(f), and the 
background documents for the listed wastes. Although wastes which are 
``delisted'' (i.e., excluded) have been evaluated to determine whether 
or not they exhibit any of the characteristics of hazardous waste, 
generators remain obligated under RCRA to determine whether or not 
their waste remains nonhazardous based on the hazardous waste 
characteristics.
    In addition, mixtures containing listed hazardous wastes are also 
considered hazardous wastes as are wastes derived from the treatment, 
storage, or disposal of listed hazardous waste. See 
Sec. 261.3(a)(2)(iv) and (c)(2)(i), referred to as the ``mixture'' and 
``derived-from'' rules, respectively. Such wastes are also eligible for 
exclusion and remain hazardous wastes until excluded. On December 6, 
1991, the U.S. Court of Appeals for the District of Columbia vacated 
the ``mixture/derived from'' rules and remanded them to the EPA on 
procedural grounds. Shell Oil Co. v. EPA., 950 F.2d 741 (D.C. Cir. 
1991). On March 3, 1992, EPA reinstated the mixture and derived-from 
rules, and solicited comments on other ways to regulate waste mixtures 
and residues (57 FR 7628). These rules became final on October 30, 1992 
(57 FR 49278). These references should be consulted for more 
information regarding mixtures and residues.

B. Approach Used to Evaluate This Petition

    Occidental Chemical's petition requests a delisting for listed 
hazardous wastes. In making the initial delisting determination, the 
EPA evaluated the petitioned wastes against the listing criteria and 
factors cited in Sec. 261.11(a)(2) and (a)(3). Based on this review, 
the EPA agreed with the petitioner that the waste is nonhazardous with 
respect to the original listing criteria. (If the EPA had found, based 
on this review, that the wastes remained hazardous based on the factors 
for which the wastes were originally listed, EPA would have proposed to 
deny the petition.) The EPA then evaluated the wastes with respect to 
other factors or criteria to assess whether there is a reasonable basis 
to believe that such additional factors could cause the wastes to be 
hazardous. The EPA considered whether the wastes are acutely toxic, and 
considered the toxicity of the constituents, the concentration of the 
constituents in the wastes, their tendency to migrate and to 
bioaccumulate, their persistence in the environment once released from 
the wastes, plausible and specific types of management of the 
petitioned wastes, the quantities of wastes generated, and waste 
variability.
    For this delisting determination, the EPA used such information 
gathered to identify plausible exposure routes (i.e., ground water, 
surface water, air) for hazardous constituents present in the 
petitioned wastes. The EPA determined that disposal in a Subtitle D 
landfill/surface impoundment is the most reasonable, worst-case 
disposal scenario for Occidental Chemical's petitioned wastes, and that 
the major exposure route of concern would be ingestion of contaminated 
ground water. Therefore, the EPA is proposing to use a particular fate 
and transport model, the EPA Composite Model for Landfills (EPACML), to 
predict the maximum allowable concentrations of hazardous constituents 
that may be released from the petitioned wastes after disposal and to 
determine the potential impact of the disposal of Occidental Chemical's 
petitioned wastes on human health and the environment. Specifically, 
the EPA used the maximum estimated waste volumes and the maximum 
reported extract concentrations as inputs to estimate the constituent 
concentrations in the ground water at a hypothetical receptor well 
downgradient from the disposal site. The calculated receptor well 
concentrations (referred to as compliance-point concentrations) were 
then compared directly to the health-based levels at an assumed risk of 
10<SUP>-6</SUP> used in delisting decision-making for the hazardous 
constituents of concern.
    The EPA believes that this fate and transport model represents a 
reasonable worst-case scenario for disposal of the petitioned wastes in 
a landfill/surface impoundment, and that a reasonable worst-case 
scenario is appropriate when evaluating whether a waste should be 
relieved of the protective management constraints of RCRA Subtitle C. 
The use of a reasonable worst-case scenario results in conservative 
values for the compliance-point concentrations and ensures that the 
waste, once removed from hazardous waste regulation, may not pose a 
threat to human health or the environment. In most cases, because a 
delisted waste is no longer subject to hazardous waste control, the EPA 
is generally unable to predict, and does not presently control, how a 
waste will be managed after delisting. Therefore, EPA currently 
believes that it is inappropriate to consider extensive site-specific 
factors when applying the fate and transport model.
    The EPA also considers the applicability of ground water monitoring 
data during the evaluation of delisting petitions. In this case, the 
EPA determined that it would be unnecessary to request ground water 
monitoring data. Specifically, Occidental Chemical currently disposes 
of a part of the petitioned wastes (Rockbox Residue and Limestone 
Sludge) generated at its facility in an off-site, RCRA hazardous waste 
landfill (which is not owned/operated by Occidental 
Chemical).<SUP>1</SUP> This landfill did not begin accepting this 
petitioned waste generated by the Occidental Chemical facility until 
1991. This petitioned waste comprises a small fraction of the total 
waste managed in the unit. Therefore, the EPA, believes that any ground 
water monitoring data from the landfill would not be meaningful for an 
evaluation of the specific effect of this petitioned waste on ground 
water. Finally, there are presently no data from groundwater monitoring 
wells available, therefore there is no data to evaluate.
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    \1\ The other portion of waste proposed to be excluded is not 
disposed but is instead treated onsite prior to discharge. Discharge 
of the waste is regulated under Section 402 of the Clean Water Act.
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    From the evaluation of Occidental Chemical's delisting petition, a 
list of constituents was developed for the verification testing 
conditions. Proposed maximum allowable leachable concentrations for 
these constituents were derived by back-calculating from

[[Page 25799]]

the delisting health-based levels through the proposed fate and 
transport model for a landfill management scenario. These 
concentrations (i.e., ``delisting levels'') are part of the proposed 
verification testing conditions of the exclusion.
    Similar to other facilities seeking exclusions, Occidental 
Chemical's exclusion (if granted) would be contingent upon the facility 
conducting analytical testing of representative samples of the 
petitioned wastes at Ingleside. This testing would be necessary to 
verify that the treatment system is operating as demonstrated in the 
petition submitted on January 3, 1997. Specifically, the verification 
testing requirements, would be implemented to demonstrate that the 
processing facility will generate nonhazardous wastes (i.e., wastes 
that meet the EPA's verification testing conditions). The EPA's 
proposed decision to delist wastes from Occidental Chemical's facility 
is based on the information submitted in support of today's rule, i.e., 
description of the wastewater treatment system and analytical data from 
the Ingleside facility.
    Finally, the HSWA specifically require the EPA to provide notice 
and an opportunity for comment before granting or denying a final 
exclusion. Thus, a final decision will not be made until all timely 
public comments (including those at public hearings, if any) on today's 
proposal are addressed.

II. Disposition of Delisting Petition

    Occidental Chemical Corporation, Ingleside, Texas 78362.

A. Petition for Exclusion

    Occidental Chemical Corporation, located in Ingleside, Texas, 
petitioned the EPA for an exclusion for 128 cubic yards of Rockbox 
Residue, 148,284 cubic yards of Caustic Neutralized Wastewater, and 
1,114 cubic yards Limestone Sludge per calendar year resulting from its 
hazardous waste treatment process. The resulting wastes are presently 
listed, in accordance with Sec. 261.3(c)(2)(i) (i.e., the ``derived 
from'' rule), as EPA Hazardous Waste No. K019, K020, F001, F003, F005, 
and F025. The listed constituents of concern for these waste codes are 
listed in Table 1.

   Table 1.--Hazardous Waste Codes Associated With Wastewater Streams   
------------------------------------------------------------------------
         Waste code                Basis for characteristics/listing    
------------------------------------------------------------------------
K019/K020...................  Ethylene dichloride, 1,1,1-               
                               trichloroethane, 1,1,2-trichloroethane,  
                               1,1,1,2-tetrachloroethane, 1,1,2,2-      
                               tetrachloroethane, trichloroethylene,    
                               tetrachloroethylene, carbon              
                               tetrachloride, chloroform, vinyl         
                               chloride, vinylidene chloride.           
F001........................  Tetrachloroethylene, trichloroethylene,   
                               methylene chloride, 1,1,1-               
                               trichloroethane, carbon tetrachloride,   
                               chlorinated fluorocarbons.               
F003........................  N.A Waste is hazardous because it fails   
                               the test for the characteristic of       
                               ignitability, corrosivity, or reactivity.
F005........................  Toluene, methyl ethyl ketone, carbon      
                               disulfide, isobutanol, pyridine, benzene,
                               2-ethoxyethanol, 2-nitropropane.         
F025........................  Chloromethane, dichloromethane,           
                               trichloromethane, carbon tetrachloride,  
                               chloroethylene,1,1-dichloroethane,1,2-   
                               dichloroethane, trans-1,2-               
                               dichloroethylene, 1,1-dichlorothylene,   
                               1,1,1-trichloroethane,1,1,2-             
                               trichloroethane, trichlorothylene,       
                               1,1,1,2-tetrachloroethane,1,1,2,2-       
                               tetrachloroethane, tetrachloroethylene,  
                               pentachloroethane, hexachloroethane, 3-  
                               chloropropene, dichloropropane,          
                               dichloropropene, 2-chloro-1,3-butadiene, 
                               hexachloro-1,3-butadiene,                
                               hexachlorocyclopentadiene, benzene,      
                               chlorobenzene, dichlorobenzene, 1,2,4-   
                               trichlorobenzene, tetrachlorobenzene,    
                               pentachlorobenzene, hexachlorobenzene,   
                               toluene, naphthalene.                    
------------------------------------------------------------------------

    Occidental Chemical petitioned to exclude the Rockbox Residue, 
Caustic Neutralized Wastewater, and Limestone Sludge treatment residues 
because it does not believe that the petitioned wastes meet the 
criteria for which they were listed. Occidental Chemical further 
believes that the wastes are not hazardous for any other reason (i.e., 
there are no additional constituents or factors that could cause the 
wastes to be hazardous). Review of this petition included consideration 
of the original listing criteria, as well as the additional factors 
required by the HSWA. See section 222 of HSWA, 42 U.S.C. Sec. 6921(f), 
and 40 CFR 260.22(d)(2)-(4). Today's proposal to grant this petition 
for delisting is the result of the EPA's evaluation of Occidental 
Chemical's petition.

B. Background

    On January 3, 1997, Occidental Chemical petitioned the EPA to 
exclude from the lists of hazardous waste contained in Secs. 261.31 and 
261.32, an annual volume of Rockbox Residue, Caustic Neutralized 
Wastewater, and Limestone Sludge which are generated as a result of the 
treatment of offgases from onsite incinerators. Specifically, in its 
petition, Occidental Chemical requested that the EPA grant an exclusion 
for 128 cubic yards of Rockbox Residue, 148,284 cubic yards of Caustic 
Neutralized Wastewater, and 1,114 cubic yards of Limestone Sludge 
generated per calendar year.
    In support of its petition, Occidental Chemical submitted: (1) 
Descriptions of its wastewater treatment processes and the incineration 
activities associated with petitioned wastes; (2) results of the total 
constituent list for 40 CFR part 264 Appendix IX volatiles, 
semivolatiles, and metals except for pesticides, herbicides and PCBs; 
(3) results of the constituent list for Appendix IX on Toxicity 
Characteristic Leaching Procedure (TCLP) extract for volatiles, 
semivolatiles, and metals; (4) results for reactive sulfide, (5) 
results for reactive cyanide; (6) results for pH; (7) results of the 
total basis for dioxin and furan; and (8) results of dioxin and furan 
TCLP extract.
    Occidental Chemical is an active plant that produces ethylene 
dichloride (EDC), vinyl chloride monomer (VCM), chlorine, and caustic 
soda. The plant utilizes chlorine, ethylene, and oxygen as feedstock 
and utilizes two permitted, onsite RCRA incinerators to burn process 
vent gases, intermediate wastes generated during the production of EDC 
and VCM (K019, K020, and F025), waste paint thinner (F001, F003, F005), 
and occasionally waste oil. These two incinerators have been in 
continuous operation since 1991. Occidental Chemical has previously 
classified three waste streams (Rockbox Residue, Caustic Neutralized 
Wastewater and Limestone Sludge) generated from the treatment of the 
offgas from the incinerators as hazardous based on the ``derived from'' 
rule in Sec. 261.3(c)(2)(i).
    The combustion products from the incinerators contain hydrochloric 
acid (HCl). Incinerator offgases are treated in the Incinerator Offgas 
Treatment System. In this system, the emissions are passed through 
absorption columns, dehumidifier columns, and caustic scrubbers to 
remove the HCl. Blowdown

[[Page 25800]]

water from the dehumidifier columns and caustic scrubber columns are 
routed to the Rockbox Tank (the Rockbox) as the first step in 
neutralizing the HCl. Excess HCl from the aqueous HCl storage tanks is 
commingled with the blowdown water and routed to the Rockbox. The 
influent to Rockbox normally contains 3 to 7 percent HCl. At times when 
excess HCl is not produced, the influent to the Rockbox is 
predominantly blowdown from the dehumidifier and caustic scrubber 
columns.
    The Rockbox contains crushed limestone with small amounts of inert 
materials (silica oxide). These inert materials accumulate in the 
bottom of the Rockbox as the crushed limestone is utilized in the 
neutralization process. The accumulation of inert materials is the 
Rockbox Residue. The Rockbox Residue is a ``third generation'' waste 
since it is the residue of treating wastewater used to quench gaseous 
emissions from the incineration of listed wastes.
    The pH of the effluent leaving the Rockbox is between 1 and 5. The 
effluent is passed through a primary pH adjustment tank where air is 
released into the water to remove carbon dioxide. Additionally, sodium 
hydroxide may be added to this tank. Mixing with air minimizes the 
formation of calcium carbonate precipitate upon introduction of caustic 
soda. The effluent is then passed through the secondary pH adjustment 
tank where caustic soda (sodium hydroxide) is added to raise the pH of 
the water to a pH between 7 and 9. The stream, consisting of water and 
calcium carbonate precipitant in suspension, flows through a clarifier 
where the sludge is settled out. The aqueous effluent from the 
clarifier tank is the Caustic Neutralized Wastewater which Occidental 
Chemical seeks to delist. This waste stream consists of an aqueous 
phase that no longer exhibits the hazardous waste characteristic of 
corrosivity.
    The settled solids (calcium carbonate) from the clarifier are 
dewatered on a belt filter press and are dropped directly into rolloff 
bins for disposal. Water removed during the operation of the filter 
press is returned to the clarifier. The remaining filter cake is the 
Limestone Sludge, which Occidental Chemical also seeks to delist.
    Rockbox Residue is generated on a batch basis every one to two 
years. For the past two years (1995 and 1996), the Rockbox Residue was 
generated annually. This is probable due to a higher than average 
concentration of inerts in the limestone purchased for the Rockbox. The 
Rockbox Residue is disposed of in an offsite permitted hazardous waste 
landfill.
    Caustic Neutralized Wastewater and Limestone Sludge are generated 
on a continuous basis. The Caustic Neutralized Wastewater is treated in 
an onsite unit which has in an National Pollution Discharge Elimination 
System (NPDES) permitted outfall. The Limestone Sludge is transported 
to an offsite hazardous waste landfill for disposal.
    Occidental Chemical developed a list of constituents of concern 
from comparing a list of all raw materials used in the plant that could 
potentially appear in the petitioned waste with those found in 40 CFR 
part Sec. 264, as well as dioxins and furans. Based on the knowledge of 
process they determined that herbicides, pesticides and PCBs would be 
excluded from the Appendix IX analyte list. The EPA has included the 
dioxins and furans on the list, due the incineration of chlorinated 
compounds. Using the list of constituents of concern, Occidental 
analyzed the four composite samples for the total concentrations (i.e., 
mass of a particular constituent per mass of waste) of the volatiles 
and semivolatiles, and metals from Appendix IX. These four samples were 
also analyzed to determine whether the waste exhibited ignitable, 
corrosive, or reactive properties as defined under 40 CFR 261.21, 
261.22, and 261.23, including analysis for total constituent 
concentrations of cyanide, sulfide, reactive cyanide, and reactive 
sulfide. These four samples were also analyzed for Toxicity 
Characteristic Leaching Procedure (TCLP) concentrations (i.e., mass of 
a particular constituent per unit volume of extract) of all the 
volatiles, semivolatiles, and metals on the Appendix IX list. This list 
was developed based on the availability of test methods and process 
knowledge. Two sampling events were conducted, one in 1995 and one in 
1996.

C. EPA Analysis

    Occidental Chemical used SW-846 Methods 8260A, 8270B, 6010, 8290 to 
quantify the total constituent concentrations of 40 CFR part 264, 
Appendix IX Volatiles (including 2-ethoxyethanol, chloroethylene, 
vinyldene chloride and trichloromethane), Appendix IX Semivolatiles 
(excluding PCBs, Pesticides, Herbicides) Appendix IX Metals, and 
Appendix IX Dioxins/Furans. Occidental Chemical used SW-846 Methods 
9045, 9030, 9010, 1311 to quantify pH, Reactive Sulfide, and Reactive 
Cyanide. Occidental Chemical used SW-846 Methods 8260A, 8270B, 6010, 
8290 to quantify the constituents from the TCLP extract. These analyses 
were performed on all three of the petitioned wastes: the Rockbox 
Residue, Limestone Sludge, and the Caustic Neutralized Wastewater. The 
Rockbox Residue, the Limestone Sludge, and the Caustic Neutralized 
Wastewater do not meet the definitions for reactivity and corrosivity 
as defined by Secs. 261.22 and 261.23. Table 2 presents the maximum 
total constituent and leachate concentrations for the Rockbox Residue.

 Table 2.--Maximum Total Constituent and Leachate Concentrations Rockbox
                               Residue \2\                              
------------------------------------------------------------------------
                                            Total                       
                                         constituent   Leachate analyses
             Constituents               analyses (mg/        (mg/l)     
                                             kg)                        
------------------------------------------------------------------------
Acetone..............................       <0.02         <0.1          
Bromodichloromethane.................        0.007        <0.02         
Bromoform............................        0.022         0.02         
Bromomethane.........................       <0.01         <0.05         
Chlorodibromomethane.................        0.027        <0.02         
Chloroform...........................        0.008        <0.02         
Dichloromethane......................       <0.005         0.11         
Ethylbenzene.........................       <0.005         0.04         
2,3,7,8-TCDD Equivalent..............        0.000321      0.00000000531
Barium...............................        1.5           0.666        
Chromium.............................       <1.0           0.13         
Copper...............................        1.1          <0.25         
Lead.................................       <1.0          <0.07         

[[Page 25801]]

                                                                        
Selenium.............................       <1.0           0.11         
Tin..................................        2            <0.10         
Vanadium.............................        1.3          <0.50         
Zinc.................................       23            <0.4          
Reactive Sulfide.....................      <50                          
Reactive Cyanide.....................      <10                          
pH...................................        3.19                       
------------------------------------------------------------------------
< Denotes that the constituent was not detected at the detection limit  
  specified in the table.                                               
\2\ These levels represent the highest concentration of each constituent
  found in any one sample. These levels do not necessarily represent the
  specific levels found in one sample.                                  

    Tables 3 and 4 present the maximum total constituent and leachate 
concentrations for the Limestone Sludge. Table 5 presents the maximum 
total constituent and leachate concentrations for the Caustic 
Neutralized Wastewater.

 Table 3.--Maximum Total Organic Constituent and Leachate Concentrations
                           Limestone Sludge <SUP>3                           
------------------------------------------------------------------------
                                            Total                       
                                         constituent   Leachate analyses
             Constituent                analyses (mg/        (mg/l)     
                                             kg)                        
------------------------------------------------------------------------
Acetone..............................         0.034        0.27         
Bromoform............................         0.031       <0.02         
Chlorodibromomethane.................         0.012       <0.02         
Dichloromethane......................        <0.005        0.54         
Ethylbenzene.........................        <0.005        0.03         
1,1,1-Trichloroethane................         0.011       <0.1          
Toluene..............................        <0.005        1.8          
Trichlorofluoromethane...............         0.011       <0.02         
Xylene...............................        <0.020        0.11         
Diethylphthalate.....................        <0.00001     <0.04         
2,3,7,8-TCDD Equivalent..............         0.00135      0.00000000018
Reactive Sulfide.....................       <50        .................
Reactive Cyanide.....................       <10        .................
pH...................................         9.55     .................
------------------------------------------------------------------------
< Denotes that the constituent was not detected at the detection limit  
  specified in the table.                                               
\3\ These levels represent the highest concentration of each constituent
  found in any one sample. These levels do not necessarily represent the
  specific levels found in one sample.                                  


       Table 4.--Maximum Total Inorganic Constituent and Leachate       
                   Concentrations Limestone Sludge \4\                  
------------------------------------------------------------------------
                                              Total                     
                                           constituent       Leachate   
              Constituent                 analyses (mg/   analyses  (mg/
                                               kg)              l)      
------------------------------------------------------------------------
Antimony...............................           2.6              <0.6 
Arsenic................................          18.4              <0.1 
Barium.................................          15.2               0.14
Beryllium..............................           0.5              <0.1 
Chromium...............................          25.2              <0.1 
Cobalt.................................           2.4              <0.1 
Copper.................................          41.2              <0.1 
Lead...................................          13                <0.1 
Nickel.................................          64.4               0.47
Selenium...............................          <0.001             0.1 
Silver.................................           1.1              <0.1 
Vanadium...............................         138                <0.1 
Zinc...................................          58                 0.11 
------------------------------------------------------------------------
< Denotes that the constituent was not detected at the detection limit  
  specified in the table.                                               
\4\ These levels represent the highest concentration of each constituent
  found in any one sample. These levels do not necessarily represent the
  specific levels found in one sample.                                  


 Table 5.--Maximum Total Constituent Concentrations Caustic Neutralized 
                             Wastewater \5\                             
------------------------------------------------------------------------
                                                       Total constituent
                     Constituent                            analyses    
------------------------------------------------------------------------
Acetone..............................................       0.01        
Bromoform............................................       0.054       
Chlorodibromomethane.................................       0.015       

[[Page 25802]]

                                                                        
2,3,7,8-TCDD Equivalent..............................       0.0000000006
Arsenic..............................................       0.01        
Barium...............................................       0.18        
Lead.................................................       0.1         
Silver...............................................       0.08        
Vanadium.............................................       0.007       
Zinc.................................................       0.49        
Reactive Sulfide.....................................     <50           
Reactive Cyanide.....................................     <10           
pH...................................................      11.8         
------------------------------------------------------------------------
<Denotes that the constituent was not detected at the detection limit   
  specified in the table.                                               
\5\ These levels represent the highest concentration of each constituent
  found in any one sample. These levels do not necessarily represent the
  specific levels found in one sample.                                  

    Occidental Chemical used SW-846 Methods 8260A and 8270B to quantify 
the total constituent concentrations of 54 volatile and 117 
semivolatile organic compounds, respectively in the Rockbox Residue, 
the Limestone Sludge, and the Caustic Neutralized Wastewater. This 
suite of constituents included all of the nonpesticide organic 
constituents listed in Sec. 261.24. Also, Occidental Chemical used SW-
846 Methods 8260A and 8270B to quantify the leachable concentrations of 
54 volatile and 117 semivolatile organic compounds, respectively, in 
the Rockbox Residue, Limestone Sludge, and the Caustic Neutralized 
Wastewater, following extraction by SW-846 Method 1311 (TCLP). This 
suite of constituents included all of the organic constituents listed 
in Sec. 261.24 (except the pesticides). In addition, the Rockbox 
Residue, the Limestone Sludge, and the Caustic Neutralized Wastewater 
were analyzed for TCLP metals.
    Occidental Chemical submitted a signed certification stating that, 
based on projected annual waste generation, the maximum annual 
generation rate will be 128 cubic yards of Rockbox Residue, 148,284 
cubic yards of Caustic Neutralized Wastewater, and 1,114 cubic yards of 
Limestone Sludge. The EPA reviews a petitioner's estimates and, on 
occasion, has requested a petitioner to reevaluate the estimated waste 
volume. The EPA accepted Occidental Chemical's certified estimates. The 
EPA does not generally verify submitted test data before proposing 
delisting decisions. The sworn affidavit submitted with this petition 
binds the petitioner to present truthful and accurate results. The EPA, 
however, has maintained a spot-check sampling and analysis program to 
verify the representative nature of the data for some percentage of the 
submitted petitions. A spot-check visit to a selected facility may be 
initiated before finalizing a delisting petition or after granting an 
exclusion.

D. EPA Evaluation

    The EPA considered the appropriateness of alternative waste 
management scenarios for Occidental Chemical's Rockbox Residue, Caustic 
Neutralized Wastewater, and Limestone Sludge. The EPA decided, based on 
the information provided in the petition, that disposal of the Rockbox 
Residue and Limestone Sludge in a municipal solid waste landfill is the 
most reasonable, worst-case scenario for the Rockbox Residue and the 
Limestone Sludge. The disposal of the Caustic Neutralized Wastewater in 
a surface impoundment would be the most reasonable worst case scenario. 
Under a landfill/surface impoundment disposal scenario, the major 
exposure route of concern for any hazardous constituents would be 
ingestion of contaminated ground water. The EPA, therefore, evaluated 
Occidental Chemical's petitioned wastes using the modified EPA 
Composite Model for Landfills/Surface Impoundments (EPACML) which 
predicts the potential for ground water contamination from wastes that 
are landfilled/placed in a surface impoundment. See 56 FR 32993 (July 
18, 1991), 56 FR 67197 (December 30, 1991) and the RCRA public docket 
for these notices for a detailed description of the EPACML model, the 
disposal assumptions, and the modifications made for delisting. This 
model, which includes both unsaturated and saturated zone transport 
modules, was used to predict reasonable worse-case contaminant levels 
in ground water at a compliance point ( i.e., a receptor well serving 
as a drinking-water supply). Specifically, the model estimated the 
dilution/attenuation factor (DAF) resulting from subsurface processes 
such as three-dimensional dispersion and dilution from ground water 
recharge for a specific volume of waste. The EPA requests comments on 
the use of the EPACML as applied to the evaluation of Occidental 
Chemical's petitioned wastes (Rockbox Residue, Caustic Neutralized 
Wastewater, and Limestone Sludge).
    For the evaluation of Occidental Chemical's petitioned wastes, the 
EPA used the EPACML to evaluate the mobility of the hazardous 
constituents detected in the extract of samples of Occidental 
Chemical's Rockbox Residue and the Limestone Sludge. The total analysis 
was utilized for the Caustic Neutralized Wastewater. Typically, the EPA 
uses the maximum annual waste volume to derive a petition-specific DAF. 
The DAFs are currently calculated assuming an ongoing process generates 
wastes for 20 years.
    The DAF for the waste volume of Rockbox Residue is 128 cubic yards/
year assuming 20 years of generation is 100. The DAF for the waste 
volume of Caustic Neutralized Wastewater is 148,284 cubic yards/year 
assuming 20 years of generation is 7. The DAF for the waste volume of 
Limestone Sludge is 1,114 cubic yards/year assuming 20 years of 
generation is 100.
    The EPA's evaluation of the Rockbox Residue using a DAF of 100, a 
maximum waste volume estimate of 128 cubic yards, and the maximum 
reported TCLP concentrations (see Table 2), yielded compliance point 
concentrations (see Table 5) that are below the current health based 
levels.
    The EPA's evaluation of the Limestone Sludge using a DAF of 100, 
for the Limestone Sludge a maximum waste volume estimate of 1,114 cubic 
yards, and the maximum reported TCLP concentrations (see Tables 3 and 
4), yielded compliance point concentrations (See Table 7) that are 
below the current health based levels.
    The EPA's evaluation of the Caustic Neutralized Wastewater using a 
DAF of

[[Page 25803]]

7, a maximum waste volume estimate of 148,284, cubic yards, and the 
maximum reported TCLP concentrations (see Table 5), yielded compliance 
point concentrations (See Table 8) that are below the current health 
based levels.

  Table 6.--EPACML: Calculated Compliance-Point Concentrations Rockbox  
                                 Residue                                
------------------------------------------------------------------------
                                     Compliance point                   
            Constituents              concentrations   Levels of concern
                                        (mg/l) \6\         (mg/l) \7\   
------------------------------------------------------------------------
Acetone............................   0.00106               4.0         
Bromdichloromethane................   0.0002                0.0014      
Bromoform..........................   0.0002                0.01        
Bromomethane.......................   0.0005                0.05        
Chlorodibromomethane...............   0.0002                0.001       
Chloroform.........................   0.0002                0.01        
Dichloromethane....................   0.0011                0.01        
Ethylbenzene.......................   0.0004                0.7         
2,3,7,8-TCDD Equivalent............   0.0000000000531       0.0000000006
Barium.............................   0.0066                2.0         
Chromium...........................   0.0013                0.1         
Copper.............................   0.0025                1.3         
Lead...............................   0.0005                0.015       
Selenium...........................   0.0011                0.05        
Tin................................   0.0010                2.1         
Vanadium...........................   0.005                 0.3         
Zinc...............................   0.004                10.0         
------------------------------------------------------------------------
\6\ Using the maximum TCLP leachate concentration, based on a DAF of 100
  for a maximum annual volume of 128 cubic yards.                       
\7\ See ``Docket Report on Health-Based Levels and Solubilities Used in 
  the Evaluation of Delisting Petitions,'' May 1996 located in the RCRA 
  Public Docket for today's notice.                                     


  Table 7.--EPACML: Calculated Compliance-Point Concentration Limestone 
                                 Sludge                                 
------------------------------------------------------------------------
                                     Compliance point                   
            Constituents              concentrations   Levels of concern
                                        (mg/l) \8\         (mg/l) \9\   
------------------------------------------------------------------------
Acetone............................  0.0027                 4.0         
Bromoform..........................  0.0002                 0.01        
Chlorodibromomethane...............  0.0002                 0.001       
Dichloromethane....................  0.0054                 0.01        
Ethylbenzene.......................  0.0003                 0.7         
1,1,1-Trichloroethane..............  0.0002                 0.2         
Toluene............................  0.02                   7.0         
Trichlorofluoromethane.............  0.0002                10.0         
Xylene.............................  0.0011                20.0         
Diethyl phthalate..................  0.0001                30.0         
2,3,7,8-TCDD Equivalent............  0.00000000000183       0.0000000006
Antimony...........................  0.06                   0.006       
Arsenic............................  0.0005                 0.05        
Barium.............................  0.0014                 2.0         
Beryllium..........................  0.0005                 0.004       
Chromium...........................  0.0005                 0.1         
Cobalt.............................  0.005                  2.1         
Copper.............................  0.0025                 1.3         
Lead...............................  0.0005                 0.015       
Nickel.............................  0.0047                 0.7         
Selenium...........................  0.001                  0.05        
Silver.............................  0.00025                0.02        
Vanadium...........................  0.005                  0.3         
Zinc...............................  0.0011                10.0         
------------------------------------------------------------------------
\8\ Using the maximum TCLP leachate concentration, based on a DAF of 100
  for a maximum annual of 1,114 cubic yards.                            
\9\ See Table 6.                                                        


  Table 8.--EPACML: Calculated Compliance-Point Concentrations Caustic  
                         Neutralized Wastewater                         
------------------------------------------------------------------------
                                     Compliance point                   
           Constituents               concentrations   Levels of concern
                                        (mg/l) <SUP>10          (mg/l) <SUP>11    
------------------------------------------------------------------------
Acetone...........................      0.00143             4.0         
Bromoform.........................      0.01                0.01        
Chlorodibromomethane..............      0.001               0.001       
2,3,7,8-TCDD Equivalent...........      0.00000000012       0.0000000006
Arsenic...........................      0.00143             0.05        
Barium............................      0.03                2.0         

[[Page 25804]]

                                                                        
Lead..............................      0.01                0.015       
Silver............................      0.01                0.02        
Vanadium..........................      0.001               0.3         
Zinc..............................      0.07               10.0         
------------------------------------------------------------------------
\10\ Using the maximum total concentration, based on a DAF of 7 for a   
  maximum annual volume of 148,248 cubic yards.                         
\11\ See Table 6.                                                       

    The maximum reported or calculated leachate concentrations of 
bromoform, chlorodibromomethane, dichloromethane, ethylbenzene, 
2,3,7,8-TCDD Equivalent, barium, chromium, and selenium in the Rockbox 
Residue yielded compliance point concentrations well below the health 
based levels used in the delisting decision-making. The EPA did not 
evaluate the mobility of the remaining constituents (e.g., acetone, 
bromodichloromethane, copper, lead) from Occidental Chemical's waste 
because they were not detected in the leachate using the appropriate 
analytical test methods (see Table 2). The EPA does not evaluate 
nondetectable concentrations of a constituent of concern in its 
modeling efforts if the nondetectable value was obtained using the 
appropriate analytical method; the EPA then assumes that the 
constituent is not present and therefore does not present a threat to 
human health or the environment.
    The maximum reported or calculated leachate concentrations of 
acetone, bromoform, chlorodibromomethane, 2,3,7,8-TCDD Equivalent, 
arsenic, barium, lead, silver, vanadium, and zinc in the Caustic 
Neutralized Wastewater yielded compliance point concentrations well 
below the health based levels used in the delisting decision-making.
    The maximum reported or calculated leachate concentrations of 
acetone, dichloromethane, ethylbenzene, toluene, xylene, 2,3,7,8-TCDD 
Equivalent, barium, nickel, selenium, and zinc in the Limestone Sludge 
yielded compliance point concentrations well below the health based 
levels used in the delisting decision-making. The EPA did not evaluate 
the mobility of the remaining constituents ( e.g., bromoform, 
beryllium, chromium, cobalt, copper, lead) from Occidental Chemical's 
waste because they were not detected in the leachate using the 
appropriate analytical test methods (see Table 3). As explained above, 
the EPA does not evaluate nondetectable concentrations of a constituent 
of concern in its modeling efforts if the non-detectable value was 
obtained using the appropriate analytical method.
    The EPA concluded, after reviewing Occidental Chemical's processes 
that no other hazardous constituents of concern, other than those for 
which tested, are likely to be present or formed as reaction products 
or by products in Occidental Chemical's wastes. In addition, on the 
basis of explanations and analytical data provided by Occidental 
Chemical, pursuant to Sec. 260.22, the EPA concludes that the 
petitioned wastes do not exhibit any of the characteristics of 
ignitability, corrosivity, or reactivity. See Secs. 261.21, 261.22, and 
261.23, respectively.
    During the evaluation of Occidental Chemical's petition, the EPA 
also considered the potential impact of the petitioned wastes via non-
ground water routes ( i.e., air emission and surface runoff). With 
regard to airborne dispersion in particular, the EPA believes that 
exposure to airborne contaminants from Occidental Chemical's petitioned 
wastes is unlikely. Therefore, no appreciable air releases are likely 
from Occidental's wastes under any likely disposal conditions. The EPA 
evaluated the potential hazards resulting from the unlikely scenario of 
airborne exposure to hazardous constituents released from Occidental 
Chemical's wastes in an open landfill. The results of this worst-case 
analysis indicated that there is no substantial present or potential 
hazard to human health and the environment from airborne exposure to 
constituents from Occidental Chemical's Rockbox Residue, Caustic 
Neutralized Wastewater, or the Limestone Sludge. A description of the 
EPA's assessment of the potential impact of Occidental Chemical's 
wastes, regarding airborne dispersion of waste contaminants, is 
presented in the RCRA public docket for today's proposed rule.
    The EPA also considered the potential impact of the petitioned 
wastes via a surface water route. The EPA believes that containment 
structures at municipal solid waste landfills can effectively control 
surface water runoff, as the Subtitle D regulations (See 56 FR 50978, 
October 9, 1991) prohibit pollutant discharges into surface waters. 
Furthermore, the concentrations of any hazardous constituents dissolved 
in the run-off will tend to be lower than the levels in the TCLP 
leachate analyses reported in today's notice due to the aggressive 
acidic medium used for extraction in the TCLP. The EPA believes that, 
in general, leachate derived from the wastes is unlikely to directly 
enter a surface water body without first traveling through the 
saturated subsurface where dilution and attenuation of hazardous 
constituents will also occur. Leachable concentrations provide a direct 
measure of solubility of a toxic constituent in water and are 
indicative of the fraction of the constituent that may be mobilized in 
surface water as well as ground water.
    Based on the reasons discussed above, EPA believes that the 
contamination of surface water through runoff from the waste disposal 
area is very unlikely. Nevertheless, the EPA evaluated the potential 
impacts on surface water if Occidental Chemical's waste were released 
from a municipal solid waste landfill through runoff and erosion. See, 
the RCRA public docket for today's proposed rule. The estimated levels 
of the hazardous constituents of concern in surface water would be well 
below health-based levels for human health, as well as below the EPA 
chronic Water Quality Criteria for aquatic organisms (USEPA, OWRS, 
1987). The EPA, therefore, concluded that Occidental Chemical's Rockbox 
Residue, the Caustic Neutralized Wastewater, and the Limestone Sludge 
wastes are not a present or potential substantial hazard to human 
health and the environment via the surface water exposure pathway.

[[Page 25805]]

E. Conclusion

    The EPA believes that the descriptions of the Occidental Chemical 
hazardous waste process and analytical characterization, in conjunction 
with the proposed verification testing requirements (as discussed later 
in this notice), provide a reasonable basis to grant Occidental 
Chemical's petition for an exclusion of the Rockbox Residue, Limestone 
Sludge, and Caustic Neutralized Wastewater. The EPA believes the data 
submitted in support of the petition show Occidental Chemical's process 
can render the Rockbox Residue, Limestone Sludge, and Caustic 
Neutralized Wastewater non-hazardous. The EPA has reviewed the sampling 
procedures used by Occidental Chemical and has determined they satisfy 
EPA criteria for collecting representative samples of the variations in 
constituent concentrations in the Rockbox Residue, Limestone Sludge, 
and Caustic Neutralized Wastewater. The data submitted in support of 
the petition show that constituents in Occidental Chemical's waste are 
presently below health-based levels used in the delisting decision-
making. The EPA believes that Occidental Chemical has successfully 
demonstrated that the Rockbox Residue, Limestone Sludge, and Caustic 
Neutralized Wastewater is non-hazardous.
    The EPA's decision to exclude this waste is based on descriptions 
of the incineration and the wastewater treatment activities associated 
with the petitioned waste and characterization of the Rockbox Residue, 
the Limestone Sludge, and the Caustic Neutralized Wastewater. If the 
proposed rule is finalized, the petitioned wastes will no longer be 
subject to regulation under parts 262 through 268 and the permitting 
standards of part 270. The EPA therefore, proposes to grant an 
exclusion to the Occidental Chemical Corporation, located in Ingleside, 
Texas, for the Rockbox Residue, Limestone Sludge, and Caustic 
Neutralized Wastewater described in its petition.

F. Verification Testing Conditions

    (1) Delisting Levels: All concentrations for the following 
constituents must not exceed the following levels (ppm). For the 
Rockbox Residue and the Limestone Sludge, constituents must be 
measured in the waste leachate by the method specified in 40 CFR 
Sec. 261.24. The constituents for the Caustic Neutralized Wastewater 
must be measured in total constituents.

(A) Caustic Neutralized Wastewater
    (i) Inorganic Constituents
    Arsenic--0.35; Barium--14; Lead--0.11; Silver--0.14; Vanadium--
2.1; Zinc--70
    (ii) Organic Constituents
    Acetone--28; Bromoform--0.07; Chlorodibromomethane--0.01; 
2,3,7,8-TCDD Equivalent--0.00000004
(B) Rockbox Residue
    (i) Inorganic Constituents
    Barium--100; Chromium--5; Copper--130; Lead--1.5; Selenium--1; 
Tin--210; Vanadium--30; Zinc--1000
    (ii) Organic Constituents
    Acetone--400; Bromodichloromethane--0.14; Bromoform--1.0; 
Chlorodibromethane--0.1; Chloroform--1.0; Dichloromethane--1.0; 
Ethylbenzene--70; 2,3,7,8-TCDD Equivalent--0.000000531
(C) Limestone Sludge
    (i) Inorganic Constituents
    Antimony--0.6; Arsenic--5; Barium--100; Beryllium--0.4; 
Chromium--10; Cobalt--210; Copper--130; Lead--1.5; Nickel--70; 
Selenium--1; Silver--2.0; Vanadium--30; Zinc--1000
    (ii) Organic Constituents
    Acetone--400; Bromoform--1, Chlorodibromomethane--0.10; 
Dichloromethane--1.0; Ethylbenzene--70; 1,1,1--Trichloroethane--20; 
Toluene--700; Trichlorofluoromethane--1000; Xylene--2000; Diethyl 
phthalate--3000; 2,3,7,8--TCDD Equivalent--0.0000006

    This paragraph provides the levels of constituents for which 
Occidental Chemical must test the leachate from the Rockbox Residue, 
and the Limestone Sludge, and the water in the Caustic Neutralized 
Wastewater, below which these wastes would be considered non-hazardous. 
The exclusion is effective when it is signed, but the disposal can not 
be implemented until the verification sampling is completed. If these 
constituent levels are exceeded then that waste is considered to be 
hazardous and must be managed as hazardous waste. If the annual testing 
of the waste does not meet the delisting requirements described in 
Paragraph 1, the facility must notify the Agency according to the 
Paragraph 6. The exclusion will be suspended until a decision is 
reached by the Agency. The facility shall provide sampling results 
which support the rationale that the delisting exclusion should not be 
withdrawn. The EPA selected the set of inorganic and organic 
constituents specified after reviewing information about the 
composition of the waste, descriptions of Occidental Chemical's 
treatment process, previous test data provided for the three waste and 
the respective health-based levels used in delisting decision-making. 
The EPA established the proposed delisting levels for this paragraph by 
back-calculating the Maximum Allowable Leachate (MALs) concentrations 
from the health-based levels for the constituents of concern using the 
EPACML chemical-specific DAFs of 100, 100, and 7 (See, previous 
discussions in Section D--Agency Evaluation) i.e., MAL = HBL  x  DAF). 
These delisting levels correspond to the allowable levels measured in 
the TCLP extract of the waste.

    (2) Waste Holding and Handling: Occidental Chemical must store 
in accordance with its RCRA permit, or continue to dispose of as 
hazardous all Rockbox Residue and the Limestone Sludge generated, 
and continue to discharge the Caustic Neutralized Wastewater 
generated in compliance with Occidental Chemical's NPDES permit 
until the verification testing described in Condition (3)(A) and 
(B), as appropriate, is completed and valid analyses demonstrate 
that condition (3) is satisfied. If the levels of constituents 
measured in the samples of the Rockbox Residue, the Limestone 
Sludge, and the Caustic Neutralized Wastewater do not exceed the 
levels set forth in Condition (1), then the waste is nonhazardous 
and may be managed and disposed of in accordance with all applicable 
solid waste regulations. Occidental Chemical must continue to treat 
and discharge the Caustic Neutralized Wastewater as provided by the 
terms of its NPDES permit. If constituent levels in a sample exceed 
any of the delisting levels set in Condition (1), the waste 
generated during the time period corresponding to this sample must 
be managed and disposed of in accordance with Subtitle C of RCRA and 
Occidental Chemical's NPDES permit.

    The purpose of this paragraph is to ensure that any Rockbox Residue 
and Limestone Sludge which might contain hazardous levels of inorganic 
and organic constituents are managed and disposed of in accordance with 
Subtitle C of RCRA. Holding the Rockbox Residue and Limestone Sludge 
until characterization is complete will protect against improper 
handling of hazardous material. Further, inasmuch as Occidental 
Chemical has a permit to discharge under the NPDES program, it must 
continue to fully meet those permit requirements and may, according to 
this exception, only dispose of the Caustic Neutralized Wastewater as 
provided by that permit. If the EPA determines that the data collected 
under this condition do not support the data provided for the petition 
or Occidental Chemical is no longer meeting the terms of its NPDES 
permit, the exclusion will not cover the three wastes.

    (3) Verification Testing Requirements: Sample collection and 
analyses, including quality control procedures, must be performed 
according to SW-846 methodologies. If EPA judges the incineration 
process to be effective under the operating conditions used during 
the initial verification testing, Occidental Chemical may replace 
the testing required in Condition (3)(A) with the testing required 
in Condition (3)(B). Occidental Chemical must continue to test as 
specified in Condition (3)(A) until and unless notified by EPA in 
writing that testing

[[Page 25806]]

in Condition (3)(A) may be replaced by Condition (3)(B).
    (A) Initial Verification Testing: (i) During the first 40 
operating days of the Incinerator Offgas Treatment System after the 
final exclusion is granted, Occidental Chemical must collect and 
analyze composites of the Limestone Sludge, and the Caustic 
Neutralized Wastewater. Daily composites must be composed of 
representative grab samples collected every 6 hours during each unit 
operating cycle. The two wastes must be analyzed, prior to disposal, 
for all of the constituents listed in Paragraph 1. Occidental 
Chemical must report the operational and analytical test data, 
including quality control information, obtained during this initial 
period no later than 90 days after the generation of the two wastes.
    (ii) When the Rockbox unit is decommissioned for cleanout after 
the final exclusion is granted, Occidental Chemical must collect and 
analyze composites of the Rockbox Residue. The waste must be sampled 
after each decommissioning. Two composites must be composed of 
representative grab samples collected from the Rockbox unit. The 
waste must be analyzed, prior to disposal, for all of the 
constituents listed in Paragraph 1. No later than 90 days after the 
Rockbox is decommissioned for cleanout the first two times after 
this exclusion becomes final, Occidental Chemical must report the 
operational and analytical test data, including quality control 
information.

    If the EPA determines that the data from the initial verification 
period demonstrates the treatment process is effective, Occidental 
Chemical may request that EPA allow it to perform verification testing 
on a quarterly basis for the Limestone Sludge and the Caustic 
Neutralized Wastewater. The Rockbox Residue will be sampled during 
periodic maintenance. If approved in writing by EPA, then Occidental 
Chemical may begin verification testing quarterly of the Limestone 
Sludge and the Caustic Neutralized Wastewater.
    The EPA believes that an initial period of 40 days is sufficient 
for a facility to collect sufficient data to verify the data provided 
for the Limestone Sludge and the Caustic Neutralized Wastewater in the 
1997 petition is representative of the waste to be delisted. If the EPA 
determines that the data collected under this condition do not support 
the data provided for the petition, the exclusion will not cover the 
generated wastes. If the EPA determines that the data from the initial 
verification period reflected in (3)(A)(i) demonstrates that the 
treatment process is effective, EPA will notify Occidental Chemical in 
writing that the testing conditions in (3)(A)(i) may be replaced with 
the testing conditions in (3)(B). EPA also believes it is sufficient 
for Occidental Chemical to collect verification data for the Rockbox 
Residue when the Rockbox unit is decommissioned for cleanout.

    (B) Subsequent Verification Testing: Following written 
notification by EPA, Occidental Chemical may substitute the testing 
conditions in (3)(B) for (3)(A)(i). Occidental Chemical must 
continue to monitor operating conditions, and analyze samples 
representative of each quarter of operation during the first year of 
waste generation. The samples must represent the waste generated 
over one quarter. (This provision does not apply to the Rockbox 
Residue.)

    The EPA believes that the concentrations of the constituents of 
concern in the Rockbox Residue, the Limestone Sludge, and the Caustic 
Neutralized Wastewater may vary somewhat over time. As a result, in 
order to ensure that Occidental Chemical's treatment process can 
effectively handle any variation in constituent concentrations in the 
three wastes, the EPA is proposing a subsequent verification testing 
condition. The proposed subsequent testing would verify that the 
incinerator offgas system is operated in a manner similar to its 
operation during the initial verification testing and that the Rockbox 
Residue, the Limestone Sludge, and the Caustic Neutralized Wastewater, 
do not exhibit unacceptable levels of toxic constituents. Therefore, 
the EPA is proposing to require Occidental Chemical to analyze 
representative samples of the Limestone Sludge, and the Caustic 
Neutralized Wastewater on a quarterly basis during the first year of 
waste generation (commencing on the anniversary date of the final 
exclusion) as described in Condition (3)(B). The Rockbox Residue will 
be sampled when the unit is out of commission for routine maintenance.

    (C) Termination of Organic Testing for Limestone Sludge and 
Caustic Neutralized Wastewater: Occidental Chemical must continue 
testing as required under Condition (3)(B) for organic constituents 
specified in Condition (1)(A)(ii) and (1)(C)(ii) until the analyses 
submitted under Condition (3)(B) show a minimum of two consecutive 
quarterly samples below the delisting levels in Conditions 
(1)(A)(ii) and (1)(C)(ii). Occidental Chemical may then request that 
quarterly organic testing be terminated. After EPA notifies 
Occidental Chemical in writing it may terminate quarterly organic 
testing. Following termination of the quarterly testing, Occidental 
Chemical must continue to test a representative composite sample for 
all constituents listed in Condition (1) on an annual basis (no 
later than twelve months after final exclusion). If the waste 
exceeds the delisting levels then the waste will not be delisted.

    The EPA is proposing to terminate the subsequent testing conditions 
for organics as allowed in Condition (1)(A)ii and (1)(C)(ii) after 
Occidental Chemical has demonstrated the delisting levels for the waste 
are consistently met. If the annual testing of the wastes does not meet 
the delisting requirements described in Paragraph 1, the facility must 
notify the Agency according to the requirements in Paragraph 6. The 
exclusion will be suspended until a decision is reached by the Agency. 
The facility shall provide sampling results which support the rationale 
that the delisting exclusion should not be withdrawn. In order to 
confirm that the characteristics of the wastes do not change 
significantly over time, Occidental Chemical must continue to analyze a 
representative sample of the wastes for organic constituents on an 
annual basis (no later than twelve months after the final exclusion). 
If Occidental Chemical changes operating conditions as described in 
Condition (4), then Occidental Chemical must reinstate all testing in 
Condition (3)(A), pending a new demonstration under this condition for 
termination. Occidental Chemical must continue Organic Testing of the 
Rockbox Residue for that waste to be excluded.

    (4) Changes in Operating Conditions: If Occidental Chemical 
significantly changes the process described in its petition or 
implements any processes which generate(s) the waste(s) and which 
may or could affect the composition or type waste(s) generated as 
established under Condition (1) (by illustration, but not 
limitation, change in equipment or operating conditions of the 
treatment process), or its NPDES permit is changed, revoked or not 
reissued, or if it intends to manage the Caustic Neutralized 
Wastewater other than by discharge under its NPDES permit, 
Occidental Chemical must notify the EPA in writing and may no longer 
handle the wastes generated from the new process, or no longer 
discharge as nonhazardous until the wastes meet the delisting levels 
set in Condition (1) and it has received written approval to do so 
from EPA.

    Condition (4) would allow Occidental Chemical the flexibility of 
modifying its processes (e.g., changes in equipment or change in 
operating conditions) to improve its treatment process. However, 
Occidental Chemical must demonstrate that the change would not affect 
the composition or type of waste and request approval from the EPA. 
Wastes generated during the new process demonstration must be managed 
as a hazardous waste until written approval has been obtained and 
Condition (1) is satisfied. If Occidental Chemical changes operating 
conditions as described in Condition (5), then Occidental Chemical must 
reinstate all testing in Condition (3) pending a new

[[Page 25807]]

demonstration under this condition for termination.

    (5) Data Submittals: The data obtained through Condition 3 must 
be submitted to Mr. William Gallagher, Chief, Region 6 Delisting 
Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202-2733, Mail Code, 
(6PD-O) within the time period specified. Records of operating 
conditions and analytical data from Condition (1) must be compiled, 
summarized, and maintained on site for a minimum of five years. 
These records and data must be furnished upon request by EPA, or the 
State of Texas, and made available for inspection. Failure to submit 
the required data within the specified time period or maintain the 
required records on site for the specified time will be considered 
by EPA, at its discretion, sufficient basis to revoke the exclusion 
to the extent directed by EPA. All data must be accompanied by a 
signed copy of the 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 document is true, accurate and complete.
    As 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 supervisory responsibility 
for the persons who, acting under my direct instructions, made the 
verification that this information is true, accurate and complete.
    In the event that any of this information is determined by EPA 
in its sole 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 if 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.

    To provide appropriate documentation that Occidental Chemical's 
facility is properly treating the waste, all analytical data obtained 
through Condition (3), including quality control information, must be 
compiled, summarized, and maintained on site for a minimum of five 
years. Condition (5) requires that these data be furnished upon request 
and made available for inspection by any employee or representative of 
EPA or the State of Texas.
    If made final, the proposed exclusion will apply only to 128 cubic 
yards of Rockbox Residue, 1,114 cubic yards of Limestone Sludge, and 
148,284 cubic yards of Caustic Neutralized Wastewater generated 
annually at the wastewater system at the Occidental Chemical facility 
after successful verification testing. Except as described in Condition 
(4), the facility would be required to submit a new petition if the 
treatment process specified for the Incinerator Offgas Treatment System 
is significantly altered. Occidental Chemical would be required to file 
a new delisting petition for any new manufacturing or production 
process(es), or significant changes from the current process(es) 
described in its petition which generates the three wastes or which may 
or could affect the composition or type of waste generated. 
Additionally if there is any change to Occidental Chemical's NPDES 
permit or if it wishes to manage the Caustic Neutralized Wastewater 
other than by discharge under its NPDES permit, except as provided in 
Condition (4), Occidental would also be required to file a new 
delisting petition. The facility must manage any of the waste in excess 
of 128 cubic yards of Rockbox Residue, 1,114 cubic yards of Limestone 
Sludge, and 148,284 cubic yards of Caustic Neutralized Wastewater 
generated from a changed process as hazardous until a new exclusion is 
granted.
    Although management of the wastes covered by this petition would 
not be subject to Subtitle C jurisdiction upon final promulgation of an 
exclusion, the generator of a delisted waste must either treat, store, 
or dispose of the waste in an on-site facility, or ensure that the 
waste is delivered to an off-site storage, treatment, or disposal 
facility, either of which is permitted, licensed, or registered by a 
State to manage municipal or industrial solid waste.

    (6) Reopener.
    (a) If Occidental Chemical discovers that a condition at the 
facility or an assumption related to the disposal of the excluded 
waste that was modeled or predicted in the petition does not occur 
as modeled or predicted, then Occidental Chemical must report any 
information relevant to that condition, in writing, to the Regional 
Administrator or his delegate within 10 days of discovering that 
condition.
    (b) Upon receiving information described in paragraph (a) 
regardless of its source, the Regional Administrator or his delegate 
will determine whether the reported condition requires further 
action. Further action may include repealing the exclusion, 
modifying the exclusion, or other appropriate response necessary to 
protect human health and the environment.

    The purpose of paragraph 6 is to require Occidental Chemical to 
disclose new or different information related to a condition at the 
facility or disposal of the waste if it had or has bearing on the 
delisting. This will allow EPA to reevaluate the exclusion if new or 
additional information is provided to the Agency by Occidental Chemical 
which indicates that information on which EPA's decision was based was 
incorrect or circumstances have changed such that information is no 
longer correct or would cause EPA to deny the petition if then 
presented. Further, although this provision expressly requires 
Occidental Chemical to report differing site conditions or assumptions 
used in the petition within 10 days of discovery, if EPA discovers such 
information itself or from a third party, it can act on it as 
appropriate. The language being proposed is similar to those provisions 
found in RCRA regulations governing no-migration petitions located at 
Sec. 268.6.
    EPA has recognized that current delisting regulations contain no 
express procedure for reopening a decision if additional information is 
received and although it believes that it has the authority under RCRA 
and the Administrative Procedures Act, 5 U.S.C. 551 (1978), et seq. 
(APA), to take this action, EPA believes that a clear statement of its 
authority in the context of delistings is merited in light of Agency 
experience. (See, e.g., Reynolds Metals Company at 62 FR 37694 and 62 
FR 63458 where the delisted waste did not leach in the actual disposal 
site as it had been modeled thus leading the Agency to repeal the 
delisting.) Until such time as EPA codifies an express reopener 
provision in the exclusion regulations, EPA will include language 
similar to that expressed above in delistings. EPA is considering the 
inclusion of a more specific regulatory process both defining when a 
delisting should be reopened and the result of reopening a granted 
exclusion and is soliciting comments on this process. Since each 
delisting is waste-specific and facility-specific or process-specific, 
EPA is currently reluctant to adopt a rule which might inadvertently, 
for example, cause an immediate repeal where specific circumstances 
would not merit so precipitous a result. In the meantime, in the event 
that an immediate threat to human health or the environment presents 
itself, EPA will continue to rely on its authority under the APA to 
make a good cause finding to justify an emergency rulemaking suspending 
notice and comment. APA section 553(b).

    (7) Notification Requirements: Occidental Chemical must provide 
a one-time written notification to any State Regulatory Agency to 
which or through which the delisted waste described above will be 
transported for disposal at least 60 days prior to the commencement 
of such activities. Failure to provide such a notification will 
result in a violation of the delisting petition and a possible 
revocation of the decision.

[[Page 25808]]

IV. Effective Date

    EPA intends that this rule, should become effective immediately 
upon final publication. The Hazardous and Solid Waste Amendments of 
1984 amended section 3010 of 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. That is the case here, 
because this rule, if finalized, would reduce the existing requirements 
for persons generating hazardous wastes. In light of the unnecessary 
hardship and expense that would be imposed on this petitioner by an 
effective date six months after publication and the fact that a six-
month deadline is not necessary to achieve the purpose of section 3010, 
EPA believes that this exclusion should be effective immediately upon 
final publication. These reasons also provide a basis for making this 
rule effective immediately, upon final publication, under the 
Administrative Procedure Act, 5 USC 553(d).

V. Regulatory Impact

    Under Executive Order (EO) 12866, EPA must conduct an ``assessment 
of the potential costs and benefits'' for all ``significant'' 
regulatory actions. The proposal to grant an exclusion is not 
significant, since its effect, if promulgated, would be to reduce the 
overall costs and economic impact of EPA's hazardous waste management 
regulations. This reduction would be achieved by excluding waste 
generated at a specific facility from EPA's lists of hazardous wastes, 
thereby enabling this facility to manage its waste as nonhazardous. 
There is no additional impact therefore, due to today's proposed rule. 
Therefore, this proposal would not be a significant regulation and no 
cost/benefit assessment is required. The Office of Management and 
Budget (OMB) has also exempted this rule from the requirement for OMB 
review under Section (6) of Executive Order 12866.

VI. Children's Health Protection

    Under EO 13045, for all significant regulatory actions as defined 
by EO 12866, EPA must provide an evaluation of the environmental health 
or safety effect of a proposed rule on children and an explanation of 
why the proposed rule is preferable to other potentially effective and 
reasonably feasible alternatives considered by EPA. This proposal is 
not a significant regulatory action and is exempt from EO 13045.

VII. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612, 
whenever an agency is required to publish a general notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis which 
describes the impact of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
No regulatory flexibility analysis is required however if the 
Administrator or delegated representative certifies that the rule will 
not have any impact on small entities.
    This rule if promulgated, will not have an adverse economic impact 
on small entities since its effect would be to reduce the overall costs 
of EPA's hazardous waste regulations. Accordingly, I hereby certify 
that this proposed regulation, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
This regulation therefore, does not require a regulatory flexibility 
analysis.

VIII. Paperwork Reduction Act

    Information collection and record-keeping requirements associated 
with this proposed rule have been approved by the Office of Management 
and Budget (OMB) under the provisions of the Paperwork Reduction Act of 
1980 (Pub. L. 96-511, 44 U.S.C. 3501 et seq.) and have been assigned 
OMB Control Number 2050-0053.

IX. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(UMRA), Public Law 104-4, which was signed into law on March 22, 1995, 
EPA must prepare a written statement for rules with Federal mandates 
that may result in estimated costs to State, local, and tribal 
governments in the aggregate, or to the private sector of $100 million 
or more in any one year. When such a statement is required for EPA 
rules, under section 205 of the UMRA, EPA must identify and consider 
alternatives, including the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. EPA 
must select that alternative, unless the Administrator explains in the 
final rule why it was not selected or it is inconsistent with law. 
Before EPA establishes regulatory requirements that may significantly 
or uniquely affect small governments, including tribal governments, it 
must develop under section 203 of the UMRA a small government agency 
plan. The plan must provide for notifying potentially affected small 
governments, giving them meaningful and timely input in the development 
of EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating, and advising them on compliance 
with the regulatory requirements. The UMRA generally defines a Federal 
mandate for regulatory purposes as one that imposes an enforceable duty 
upon State, local, or tribal governments or the private sector. The EPA 
finds that today's proposed delisting decision is deregulatory in 
nature and does not impose any enforceable duty upon State, local, or 
tribal governments or the private sector. In addition, the proposed 
delisting does not establish any regulatory requirements for small 
governments and so does not require a small government agency plan 
under UMRA section 203.

X. Intergovernmental Partnership

    Under EO 12875, EPA may not promulgate any regulation which creates 
an unfunded mandate upon state, local or tribal government. EPA finds 
that today's proposed delisting decision is deregulatory in nature and 
does not impose any enforceable duty upon state, local or tribal 
governments (See Section IX (UMRA) above) and accordingly, this action 
is exempt from the requirements of EO 12875.

List of Subjects in 40 CFR Part 261

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

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

    Dated: April 17, 1998.
Robert Hannesschlager,
Acting Director, Multimedia Planning and Permitting Division.

    For the reasons set out in the preamble, 40 CFR part 261 is 
proposed to be 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. In Tables 1 and 2 of Appendix IX of part 261 it is proposed to 
add the following waste stream in alphabetical order by facility to 
read as follows:

Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 
260.22

[[Page 25809]]



                               Table 1. Wastes Excluded From Non-Specific Sources                               
----------------------------------------------------------------------------------------------------------------
                   Facility                                   Address                      Waste description    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Occidental Chemical,                           Ingleside, Texas.....................  Limestone sludge, (at a   
                                                                                       maximum generation of    
                                                                                       1,114 cubic yards per    
                                                                                       calendar year) Rockbox   
                                                                                       Residue, (at a maximum   
                                                                                       generation of 128 cubic  
                                                                                       yards per calendar year) 
                                                                                       and Caustic Neutralized  
                                                                                       Wastewater, (at a maximum
                                                                                       generation of 148,282    
                                                                                       cubic yards per calendar 
                                                                                       year) generated by       
                                                                                       Occidental Chemical using
                                                                                       the wastewater treatment 
                                                                                       process to treat the     
                                                                                       Rockbox Residue, the     
                                                                                       Limestone Sludge, and the
                                                                                       Caustic Neutralized      
                                                                                       Wastewater (EPA Hazardous
                                                                                       Waste No. F025, F001,    
                                                                                       F003, and F005) generated
                                                                                       at Occidental Chemical.  
                                                                                      Occidental Chemical must  
                                                                                       implement a testing      
                                                                                       program that meets the   
                                                                                       following conditions for 
                                                                                       the exclusion to be      
                                                                                       valid:                   
                                                                                      (1) Delisting Levels: All 
                                                                                       concentrations for the   
                                                                                       following constituents   
                                                                                       must not exceed the      
                                                                                       levels (ppm). For the    
                                                                                       Rockbox Residue and the  
                                                                                       Limestone Sludge,        
                                                                                       constituents must be     
                                                                                       measured in the waste    
                                                                                       leachate by the method   
                                                                                       specified in 40 CFR Part 
                                                                                       261.24. The constituents 
                                                                                       for the Caustic          
                                                                                       Neutralized Wastewater   
                                                                                       must be measured in total
                                                                                       constituents.            
                                                                                      (A) Caustic Neutralized   
                                                                                       Wastewater.              
                                                                                      (i) Inorganic Constituents
                                                                                       Arsenic-0.35; Barium-14; 
                                                                                       Lead-0.11; Silver-0.14;  
                                                                                       Vanadium-2.1; Zinc-70.   
                                                                                      (ii) Organic Constituents 
                                                                                       Acetone-28; Bromoform-   
                                                                                       0.07;                    
                                                                                       Chlorodibromomethane-    
                                                                                       0.01; 2,3,7,8-TCDD       
                                                                                       Equivalent-0.00000004.   
                                                                                      (B) Rockbox Residue.      
                                                                                      (i) Inorganic Constituents
                                                                                       Barium-200; Chromium-10; 
                                                                                       Copper-130; Lead-1.5;    
                                                                                       Selenium-1; Tin-210;     
                                                                                       Vanadium-30; Zinc-1000.  
                                                                                      (ii) Organic Constituents 
                                                                                       Acetone-400;             
                                                                                       Bromodichloromethane-    
                                                                                       0.14; Bromoform-1.0;     
                                                                                       Chlorodibromethane-0.1;  
                                                                                       Chloroform-1.0;          
                                                                                       Dichloromethane-1.0;     
                                                                                       Ethylbenzene-70; 2,3,7,8-
                                                                                       TCDD Equivalent-         
                                                                                       0.000000531.             
                                                                                      (C) Limestone Sludge.     
                                                                                      (i) Inorganic Constituents
                                                                                       Antimony-0.6; Arsenic-5; 
                                                                                       Barium-200; Beryllium-   
                                                                                       0.4; Chromium-10; Cobalt-
                                                                                       210; Copper-130; Lead-   
                                                                                       1.5; Nickel-70; Selenium-
                                                                                       1; Silver-2.0; Vanadium- 
                                                                                       30; Zinc-1000.           
                                                                                      (ii) Organic Constituents 
                                                                                       Acetone-400; Bromoform-1,
                                                                                       Chlorodibromomethane-0.1;
                                                                                       Dichloromethane-1.0;     
                                                                                       Ethylbenzene-70; 1,1,1-  
                                                                                       Trichloroethane-20;      
                                                                                       Toluene-700;             
                                                                                       Trichlorofluoromethane-  
                                                                                       1000; Xylene-2000;       
                                                                                       Diethyl phthalate-3000;  
                                                                                       2,3,7,8-TCDD Equivalent- 
                                                                                       0.0000006.               
                                                                                      (2) Waste Holding and     
                                                                                       Handling: Occidental     
                                                                                       Chemical must store in   
                                                                                       accordance with its RCRA 
                                                                                       permit, or continue to   
                                                                                       dispose of as hazardous  
                                                                                       waste all Rockbox        
                                                                                       Residue, and the         
                                                                                       Limestone Sludge         
                                                                                       generated, and continue  
                                                                                       to discharge the Caustic 
                                                                                       Neutralized Wastewater   
                                                                                       generated in compliance  
                                                                                       with Occidental          
                                                                                       Chemical's NPDES permit  
                                                                                       until the verification   
                                                                                       testing described in     
                                                                                       Condition (3)(A) and     
                                                                                       (3)(B), as appropriate,  
                                                                                       is completed and valid   
                                                                                       analyses demonstrate that
                                                                                       condition (3) is         
                                                                                       satisfied. If the levels 
                                                                                       of constituents measured 
                                                                                       in the samples of the    
                                                                                       Rockbox Residue, the     
                                                                                       Limestone Sludge, and the
                                                                                       Caustic Neutralized      
                                                                                       Wastewater do not exceed 
                                                                                       the levels set forth in  
                                                                                       Condition (1), then the  
                                                                                       waste is nonhazardous and
                                                                                       may be managed and       
                                                                                       disposed of in accordance
                                                                                       with all applicable solid
                                                                                       waste regulations.       
                                                                                       Occidental Chemical must 
                                                                                       continue to treat and    
                                                                                       discharge the Caustic    
                                                                                       Neutralized Wastewater as
                                                                                       provided by the terms of 
                                                                                       its NPDES permit. If     
                                                                                       constituent levels in a  
                                                                                       sample exceed any of the 
                                                                                       delisting levels waste   
                                                                                       generated during the time
                                                                                       period corresponding to  
                                                                                       this sample must be      
                                                                                       managed and disposed of  
                                                                                       in accordance with       
                                                                                       Subtitle C of RCRA and   
                                                                                       Occidental Chemical's    
                                                                                       NPDES permit.            
                                                                                      (3) Verification Testing  
                                                                                       Requirements: Sample     
                                                                                       collection and analyses, 
                                                                                       including quality control
                                                                                       procedures, must be      
                                                                                       performed according to SW-
                                                                                       846 methodologies. If EPA
                                                                                       judges the incineration  
                                                                                       process to be effective  
                                                                                       under the operating      
                                                                                       conditions used during   
                                                                                       the initial verification 
                                                                                       testing, Occidental      
                                                                                       Chemical may replace the 
                                                                                       testing required in      
                                                                                       condition (3)(A) with the
                                                                                       testing required in      
                                                                                       Condition (3)(B).        
                                                                                       Occidental Chemical must 
                                                                                       continue to test as      
                                                                                       specified in Condition   
                                                                                       (3)(A) until and unless  
                                                                                       notified by EPA in       
                                                                                       writing that testing in  
                                                                                       Condition (3)(A) may be  
                                                                                       replaced by Condition    
                                                                                       (3)(B).                  
                                                                                      (A) Initial Verification  
                                                                                       Testing: (i) During the  
                                                                                       first 40 operating days  
                                                                                       of the Incinerator Offgas
                                                                                       Treatment System after   
                                                                                       the final exclusion is   
                                                                                       granted, Occidental      
                                                                                       Chemical must collect and
                                                                                       analyze composites of the
                                                                                       Limestone Sludge, and the
                                                                                       Caustic Neutralized      
                                                                                       Wastewater. Daily        
                                                                                       composites must be       
                                                                                       composed of              
                                                                                       representative grab      
                                                                                       samples collected every 6
                                                                                       hours during each unit   
                                                                                       operating cycle. The two 
                                                                                       wastes must be analyzed, 
                                                                                       prior to disposal, for   
                                                                                       all of the constituents  
                                                                                       listed in Paragraph 1.   
                                                                                       Occidental Chemical must 
                                                                                       report the operational   
                                                                                       and analytical test data,
                                                                                       including quality control
                                                                                       information, obtained    
                                                                                       during this initial      
                                                                                       period no later 90 days  
                                                                                       after the generation of  
                                                                                       the two wastes.          

[[Page 25810]]

                                                                                                                
                                                                                      (ii) When the Rockbox unit
                                                                                       is decommissioned for    
                                                                                       cleanout, after the final
                                                                                       exclusion is granted,    
                                                                                       Occidental Chemical must 
                                                                                       collect and analyze      
                                                                                       composites of the Rockbox
                                                                                       Residue. Two composites  
                                                                                       must be composed of      
                                                                                       representative grab      
                                                                                       samples collected from   
                                                                                       the Rockbox unit. The    
                                                                                       waste must be analyzed,  
                                                                                       prior to disposal, for   
                                                                                       all of the constituents  
                                                                                       listed in Paragraph 1. No
                                                                                       later than 90 days after 
                                                                                       the Rockbox is           
                                                                                       decommissioned for       
                                                                                       cleanout the first two   
                                                                                       times after this         
                                                                                       exclusion becomes final, 
                                                                                       Occidental Chemical must 
                                                                                       report the operational   
                                                                                       and analytical test data,
                                                                                       including quality control
                                                                                       information.             
                                                                                      (B) Subsequent            
                                                                                       Verification Testing:    
                                                                                       Following written        
                                                                                       notification by EPA,     
                                                                                       Occidental Chemical may  
                                                                                       substitute the testing   
                                                                                       conditions in (3)(B) for 
                                                                                       (3)(A)(i). Occidental    
                                                                                       Chemical must continue to
                                                                                       monitor operating        
                                                                                       conditions, analyze      
                                                                                       samples representative of
                                                                                       each quarter of operation
                                                                                       during the first year of 
                                                                                       waste generation. The    
                                                                                       samples must represent   
                                                                                       the waste generated over 
                                                                                       one quarter. (This       
                                                                                       provision does not apply 
                                                                                       to the Rockbox Residue.) 
                                                                                      (C) Termination of Organic
                                                                                       Testing for the Limestone
                                                                                       Sludge and the Caustic   
                                                                                       Neutralized Wastewater:  
                                                                                       Occidental Chemical must 
                                                                                       continue testing as      
                                                                                       required under Condition 
                                                                                       (3)(B) for organic       
                                                                                       constituents specified in
                                                                                       Condition (1)(A)(ii) and 
                                                                                       (1)(C)(ii) until the     
                                                                                       analyses submitted under 
                                                                                       Condition (3)(B) show a  
                                                                                       minimum of two           
                                                                                       consecutive quarterly    
                                                                                       samples below the        
                                                                                       delisting levels in      
                                                                                       Condition (1)(A)(ii) and 
                                                                                       (1)(C)(ii), Occidental   
                                                                                       Chemical may then request
                                                                                       that quarterly organic   
                                                                                       testing be terminated.   
                                                                                       After EPA notifies       
                                                                                       Occidental Chemical in   
                                                                                       writing it may terminate 
                                                                                       quarterly organic        
                                                                                       testing. Following       
                                                                                       termination of the       
                                                                                       quarterly testing,       
                                                                                       Occidental Chemical must 
                                                                                       continue to test a       
                                                                                       representative composite 
                                                                                       sample for all           
                                                                                       constituents listed in   
                                                                                       Condition (1) on an      
                                                                                       annual basis (no later   
                                                                                       than twelve months after 
                                                                                       the final exclusion).    
                                                                                      (4) Changes in Operating  
                                                                                       Conditions: If Occidental
                                                                                       Chemical significantly   
                                                                                       changes the process which
                                                                                       generate(s) the waste(s) 
                                                                                       and which may or could   
                                                                                       affect the composition or
                                                                                       type waste(s) generated  
                                                                                       as established under     
                                                                                       Condition (1) (by        
                                                                                       illustration, but not    
                                                                                       limitation, change in    
                                                                                       equipment or operating   
                                                                                       conditions of the        
                                                                                       treatment process), or   
                                                                                       its NPDES permit is      
                                                                                       changed, revoked or not  
                                                                                       reissued, or if it       
                                                                                       intends to manage the    
                                                                                       Caustic Neutralized      
                                                                                       Wastewater other than by 
                                                                                       discharge under its NPDES
                                                                                       permit, Occidental       
                                                                                       Chemical must notify the 
                                                                                       EPA in writing and may no
                                                                                       longer handle the wastes 
                                                                                       generated from the new   
                                                                                       process or no longer     
                                                                                       discharges as            
                                                                                       nonhazardous until the   
                                                                                       wastes meet the delisting
                                                                                       levels set in Condition  
                                                                                       (1) and it has received  
                                                                                       written approval to do so
                                                                                       from EPA.                
                                                                                      (5) Data Submittals: The  
                                                                                       data obtained through    
                                                                                       Condition 3 must be      
                                                                                       submitted to Mr. William 
                                                                                       Gallagher, Chief, Region 
                                                                                       6 Delisting Program, U.S.
                                                                                       EPA, 1445 Ross Avenue,   
                                                                                       Dallas, Texas 75202-2733,
                                                                                       Mail Code, (6PD-O) within
                                                                                       the time period          
                                                                                       specified. Records of    
                                                                                       operating conditions and 
                                                                                       analytical data from     
                                                                                       Condition (1) must be    
                                                                                       compiled, summarized, and
                                                                                       maintained on site for a 
                                                                                       minimum of five years.   
                                                                                       These records and data   
                                                                                       must be furnished upon   
                                                                                       request by EPA, or the   
                                                                                       State of Texas, and made 
                                                                                       available for inspection.
                                                                                       Failure to submit the    
                                                                                       required data within the 
                                                                                       specified time period or 
                                                                                       maintain the required    
                                                                                       records on site for the  
                                                                                       specified time period or 
                                                                                       maintain the required    
                                                                                       records on site for the  
                                                                                       specified time will be   
                                                                                       considered by EPA, at its
                                                                                       discretion, sufficient   
                                                                                       basis to revoke the      
                                                                                       exclusion to the extent  
                                                                                       directed by EPA. All data
                                                                                       must be accompanied by a 
                                                                                       signed copy of the       
                                                                                       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
                                                                                       USC Sec.  1001 and 42 USC
                                                                                       Sec.  6928), I certify   
                                                                                       that the information     
                                                                                       contained in or          
                                                                                       accompanying this        
                                                                                       document is true,        
                                                                                       accurate and complete.   
                                                                                      As 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 supervisory       
                                                                                       responsibility for the   
                                                                                       persons who, acting under
                                                                                       my direct instructions,  
                                                                                       made the verification    
                                                                                       that this information is 
                                                                                       true, accurate and       
                                                                                       complete.                
                                                                                      In the event that any of  
                                                                                       this information is      
                                                                                       determined by EPA in its 
                                                                                       sole 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 if 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.      
                                                                                      (6) Reopener.             
                                                                                      (a) If Occidental Chemical
                                                                                       discovers that a         
                                                                                       condition at the facility
                                                                                       or an assumption related 
                                                                                       to the disposal of the   
                                                                                       excluded waste that was  
                                                                                       modeled or predicted in  
                                                                                       the petition does not    
                                                                                       occur as modeled or      
                                                                                       predicted, then          
                                                                                       Occidental Chemical must 
                                                                                       report any information   
                                                                                       relevant to that         
                                                                                       condition, in writing, to
                                                                                       the Director of the      
                                                                                       Multimedia Planning and  
                                                                                       Permitting Division or   
                                                                                       his delegate within 10   
                                                                                       days of discovering that 
                                                                                       condition.               
                                                                                      (b)Upon receiving         
                                                                                       information described in 
                                                                                       paragraph (a) from any   
                                                                                       source, the Director or  
                                                                                       his delegate will        
                                                                                       determine whether the    
                                                                                       reported condition       
                                                                                       requires further action. 
                                                                                       Further action may       
                                                                                       include revoking the     
                                                                                       exclusion, modifying the 
                                                                                       exclusion, or other      
                                                                                       appropriate response     
                                                                                       necessary to protect     
                                                                                       human health and the     
                                                                                       environment.             

[[Page 25811]]

                                                                                                                
                                                                                      (7) Notification          
                                                                                       Requirements: Occidental 
                                                                                       Chemical must provide a  
                                                                                       one-time written         
                                                                                       notification to any State
                                                                                       Regulatory Agency to     
                                                                                       which or through which   
                                                                                       the debited waste        
                                                                                       described above will be  
                                                                                       transported for disposal 
                                                                                       at least 60 days prior to
                                                                                       the commencement of such 
                                                                                       activities. Failure to   
                                                                                       provide such a           
                                                                                       notification will result 
                                                                                       in a violation of the    
                                                                                       delisting petition and a 
                                                                                       possible revocation of   
                                                                                       the decision.            
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------


                                 Table 2. Wastes Excluded From Specific Sources                                 
----------------------------------------------------------------------------------------------------------------
                   Facility                                   Address                      Waste description    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Occidental Chemical..........................  Ingleside, Texas.....................  Limestone sludge, (at a   
                                                                                       maximum generation of    
                                                                                       1,114 cubic yards per    
                                                                                       calendar year) Rockbox   
                                                                                       Residue, (at a maximum   
                                                                                       generation of 128 cubic  
                                                                                       yards per calendar year) 
                                                                                       and Caustic Neutralized  
                                                                                       Wastewater, (at a maximum
                                                                                       generation of 148,282    
                                                                                       cubic yards per calendar 
                                                                                       year) generated by       
                                                                                       Occidental Chemical using
                                                                                       the wastewater treatment 
                                                                                       process to treat the     
                                                                                       Rockbox Residue, the     
                                                                                       Limestone Sludge, and the
                                                                                       Caustic Neutralized      
                                                                                       Wastewater (EPA Hazardous
                                                                                       Waste No. K019, K020.    
                                                                                       Occidental Chemical must 
                                                                                       implement a testing      
                                                                                       program that meets       
                                                                                       conditions found in Table
                                                                                       1. Wastes Excluded From  
                                                                                       Non-Specific Sources for 
                                                                                       the petition to be valid.
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

[FR Doc. 98-12427 Filed 5-8-98; 8:45 am]
BILLING CODE 6560-50-P