28066 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

Revision for the Attainment and

Maintenance of the Ozone and Carbon

Monoxide National Ambient Air Quality

Standards; Meeting the Requirements of

the Regional NOX Cap Program and

Transportation Conformity Budgets

Related to the Attainment of the Ozone

and Carbon Monoxide National

Ambient Air Quality Standards;

December 1, 1999,’’ as a revision to the

State of New Jersey Implementation

Plan for ozone.

(B) Letter from State of New Jersey

Department of Environmental Protection

dated July 31, 2000, requesting EPA

approval of the NOX Budget Program as

a revision to the New Jersey State

Implementation Plan for ozone. This

submittal also contains 2007 State-wide

NOX emissions budget information that

is supplemental to the December 10,

1999 SIP submittal.

* * * * *

3. Section 52.1605 is amended by

revising the entry under Title 7, Chapter

27 for Subchapter 31 in the table to read

as follows:

§ 52.1605 EPA-approved New Jersey

regulations

State regulation State effective

date EPA approved date Comments

Title 7, Chapter 27

*******

Subchapter 31, NOX Budget Program ......... Aug. 21, 2000 ... 5/22/01 66 FR 28066 ................. Incorporates NOX SIP Call and NOX Budget Trading Program for 1999 through

2003 and thereafter.

*******

[FR Doc. 01–12699 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 261 and 266

[FRL–6976–6]

RIN 2090–AA15

Project XL Site-Specific Rulemaking

for US Filter Recovery Services

Roseville, Minnesota and Generators

and Transporters of USFRS XL Waste

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule and final project

agreement.

SUMMARY: The Environmental Protection

Agency (EPA) will implement a project

under its Project XL (which stands for

eXcellence and Leadership) program

that will provide regulatory flexibility

under the Resource Conservation and

Recovery Act (RCRA), as amended, for

the US Filter Recovery Services

(USFRS) facility located at 2430 Rose

Place, Roseville, Minnesota, 55113 and

approved Minnesota generators and

transporters of electroplating waste

waters. The purpose of the USFRS XL

Project is to encourage the use of

USFRS’ waste water treatment ion

exchange resin process and thereby

increase the recycling of metals derived

from the treatment of electroplating

waste waters subjected to this process.

It may also result in the reduction in the

use of potable water and energy savings.

To achieve these objectives, this rule

once adopted by the State of Minnesota

would replace existing RCRA hazardous

waste requirements for the handling of

the spent materials in the ion exchange

resin process (i.e., the resins and filters)

at approved generators and transporters

with a comprehensive program designed

and implemented by USFRS to properly

treat, recycle, store and transport these

wastes. The overall terms of this XL

Project are contained in the Final

Project Agreement (FPA) and the new

rules adopted today. The FPA is

available at the RCRA Docket in

Washington D.C. in the EPA Region V

library, at USFRS, and on the world

wide web at http://www.epa.gov/

projectxl/.

DATES: This final rule is effective

November 23, 2001. For judicial review

purposes, this rule is promulgated as of

1:00 p.m. (Eastern Daylight Time) on

May 22, 2001.

ADDRESSES: A docket containing the

rule, FPA and supporting materials is

available for public inspection and

copying at the RCRA Information Center

Docket Clerk (5305G), U.S.

Environmental Protection Agency, 1200

Pennsylvania Avenue, NW.,

Washington, DC 20460—Docket Number

F–2000–FRSP–FFFFF and the U.S.

Environmental Protection Agency,

Region V, Waste, Pesticides and Toxics

Division, (DRP–8J), 77 West Jackson,

Chicago, Illinois, 60604. Contact Mr.

Robert Egan at (312) 886–6212.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Egan at EPA, Region V, Waste,

Pesticides and Toxics Division (DRP–

8J), 77 West Jackson, Chicago, Illinois

60604, (312) 886–6212. Further

information on today’s action may also

be obtained on the world wide web at:

http://www.epa.gov/projectxl/.

SUPPLEMENTARY INFORMATION: On August

17, 2000, the Environmental Protection

Agency (EPA) proposed a site-specific

rule (65 FR 50283) that set forth the

mechanisms through which USFRS and

participating generators and transporters

can test the effectiveness of an

integrated, flexible, performance-based

approach for managing ion exchange

filter resins (‘‘resins’’) and associated

wastes to determine whether this

approach promotes an increase in the

recovery and recycling of metals from

electroplating operations, a reduction in

the amount of hazardous chemicals

which are discharged to the local

publicly owned treatment works

(POTWs) and the amount of water used

in the manufacturing process. The

development and implementation of the

USFRS XL Project will be piloted at

USFRS and at approved generators and

transporters of USFRS resin wastes. The

approved generators and transporters

will handle, store and transport the

resin wastes in accordance with specific

standards contained in new part 266,

subpart O of Title 40 of the Code of

Federal Regulations (‘‘subpart O’’).

These requirements would operate in

lieu of the requirements imposed under

parts 261–265, 268, 270, 273 and 279 of

Title 40 of the Code of Federal

Regulations. As a result, it is anticipated

that there will be an increase in the

recovery and recycling of metals from

the electroplating waste waters and that

the generators will reduce their

discharge of process waste waters to

local POTWs. USFRS will handle the

resin wastes as hazardous waste and in

accordance with subpart O and its

RCRA hazardous waste permit. The rule

imposes on USFRS additional reporting

and handling requirements in exchange

for the regulatory flexibility provided to

the generators and transporters.

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28067

1EPA mistakenly identified this company as

Pioneer Transport in the proposed rules. EPA will

revise its name in the final rules (section 266.301

and 266.303(c)) to reflect the correct name - Pioneer

Tank Lines.

2These counties are identified signatories to the

FPA since the State has given them certain

responsibilities over hazardous waste generators,

transporters and facilities within their jurisdiction.

Today’s final rule promulgates

regulations that are identical to the

proposed rule, except where otherwise

noted below. Today’s rule will facilitate

implementation of the FPA that has

been developed and signed by USFRS,

EPA, the Minnesota Pollution Control

Agency (MPCA), the counties of Anoka,

Carver, Dakota, Hennepin, Ramsey,

Scott and Washington in Minnesota,

Pioneer Tank Lines.1 As generators and

transporters are approved for

participation they too will sign the FPA.

The FPA is available in the docket for

today’s action and on the world wide

web at http://www.epa.gov/projectxl/.

The FPA addresses the nine project XL

criteria, and the expectation of EPA that

this XL project will meet those criteria.

Those criteria are: (1) Environmental

results superior to what would be

achieved through compliance with

current and reasonably anticipated

future regulations; (2) economic

opportunity; (3) stakeholder

involvement, support and capacity for

community participation; (4) test of

innovative, multi-media, pollution

prevention strategies for achieving

environmental results; (5) approaches

that could be evaluated for future

broader application (transferability); (6)

technical and administrative feasibility;

(7) mechanisms for monitoring,

reporting and evaluation; (8)

consistency with Executive Order 12898

on Environmental Justice (avoidance of

shifting of risk burden); and (9)

community planning. The FPA

specifically addresses the manner in

which the project is expected to

produce superior environmental

benefits.

Today’s rule is one of the required

legal mechanisms necessary to

implement the provisions of the USFRS

XL Project. However, Minnesota has an

authorized hazardous waste program.

Therefore, the requirements outlined in

today’s rule will not take effect until

Minnesota either receives from EPA

authorization for an equivalent legal

mechanism to implement this rule or

the State uses an existing authorized

mechanism to implement this rule. EPA

will not be the primary regulatory

agency responsible for implementing

the requirements of today’s rule. The

State of Minnesota and, in certain areas,

the County Agencies will be the primary

regulatory agency. For the sake of

simplicity, however, the remainder of

this preamble refers to the effects of this

rule, although it will be the

corresponding State and local law and

permits by which it will be

implemented.

The information presented in this

preamble is organized as follows:

I. Authority

II. Overview of Project XL

III. Overview of USFRS XL Project

A. Scope of the USFRS XL Project

B. What Problem has USFRS Identified?

C. What Solutions will be implemented by

the USFRS XL Project?

D. How have the various stakeholders been

involved in this Project?

E. How will this project result in cost

savings and paperwork reduction?

F. How will EPA ensure the integrity of

this XL Project?

G. How will the terms of the USFRS XL

Project and rules be enforced?

IV. Rule Description

A. XL Waste Defined

B. Waste Identification and

Characterization

C. Notification and recording of

participation in the USFRS XL Project

D. Transportation and tracking of USFRS

XL waste shipments

E. Pre-transport and Transportation

Requirements

F. Accumulation and Storage Prior to

Shipment

G. Reporting and Recordkeeping

Requirements

H. Additional Requirements Imposed on

USFRS

V. Response to significant public comments

and changes from the proposed rules

VI. Additional information

A. What regulatory changes will be

necessary to implement this project?

B. Why is EPA supporting new approaches

to USFRS XL waste management?

C. How Does this Rule Comply With

Executive Order 12866?

D. Is a Regulatory Flexibility Analysis

Required?

E. Is an Information Collection Request

Required for this Project Under the

Paperwork Reduction Act?

F. Does This Project Trigger the

Requirements of the Unfunded Mandates

Reform Act?

G. How Does this Rule Comply with

Executive Order 13045: Protection of

Children from Environmental Health

Risks and Safety Risks?

H. How Does this Rule Comply with

Executive Order 13132 Federalism?

I. How Does this Rule Comply with

Executive Order 13084: Consultation and

Coordination with Indian Tribal

Governments?

J. Does this Rule Comply with the National

Technology Transfer and Advancement

Act?

K. How Does this Rule Comply with the

Congressional Review Act?

I. Authority

EPA is publishing this final regulation

under the authority of sections 2002,

3001, 3002, 3003, 3006, 3010, and 7004

of the Solid Waste Disposal Act of 1970,

as amended by the Resource

Conservation and Recovery Act, as

amended (42 U.S.C. 6912, 6921, 6922,

6923, 6926, 6930, and 6974).

II. Overview of Project XL

The FPA sets forth the intentions of

EPA, MPCA, Pioneer Tank Lines the

counties of Anoka, Carver, Dakota,

Hennepin, Ramsey, Scott and

Washington,2 Minnesota and USFRS

with regard to the USFRS XL Project.

Project XL is an EPA initiative to allow

regulated entities an opportunity to

achieve better environmental results at

less cost.

EPA announced Project XL—

‘‘eXcellence and Leadership’’— on

March 16, 1995. It is a central part of the

National Performance Review and the

EPA’s effort to reinvent environmental

protection. See 60 FR 27282 (May 23,

1995). Under Project XL EPA provides

a limited number of private and public

regulated entities an opportunity to

develop their own pilot projects to

provide regulatory flexibility that will

result in environmental protection that

is superior to what would be achieved

through compliance with current and

reasonably anticipated future

regulations. These efforts are crucial to

EPA’s ability to test new strategies that

reduce regulatory burden and promote

economic growth while achieving better

environmental and public health

protection. EPA intends to evaluate the

results of this and other Project XL

projects to determine which specific

elements of the project(s), if any, should

be more broadly applied to other

regulated entities for the benefit of both

the environment and the economy.

Under Project XL, participants in four

categories—facilities, industry sectors,

governmental agencies and

communities—are offered the flexibility

to develop common sense, cost-effective

strategies that will replace or modify

specific regulatory requirements, on the

condition that they produce and

demonstrate superior environmental

performance.

The XL program is intended to allow

EPA to experiment with potentially

promising regulatory approaches, both

to assess whether they provide benefits

at the specific facility affected, and

whether they should be considered for

wider application. Such pilot projects

allow EPA to proceed more quickly than

would be possible when undertaking

changes on a nationwide basis.

Adoption of such alternative

approaches or interpretations in the

28068 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

context of a given XL project does not,

however, signal EPA’s willingness to

adopt that interpretation as a general

matter, or even in the context of other

XL projects. It would be inconsistent

with the forward-looking nature of these

pilot projects to adopt such innovative

approaches prematurely on a

widespread basis without first

determining whether or not they are

viable in practice and successful in the

particular projects that embody them.

Furthermore, as EPA indicated in

announcing the XL program, EPA

expects to adopt only a limited number

of carefully selected projects. These

pilot projects are not intended to be a

means for piecemeal revision of entire

programs. Depending on the results in

these projects, EPA may or may not be

willing to consider adopting the

alternative interpretation again, either

generally or for other specific facilities.

EPA believes that adopting alternative

policy approaches and interpretations,

on a limited, site-specific basis and in

connection with a carefully selected

pilot project, is consistent with the

expectations of Congress about EPA’s

role in implementing the environmental

statutes (provided that the Agency acts

within the discretion allowed by the

statute). Congress’ recognition that there

is a need for experimentation and

research, as well as ongoing reevaluation of environmental programs,

is reflected in a variety of statutory

provisions, such as section 8001 of

RCRA.

XL Criteria

To participate in Project XL,

applicants must develop alternative

pollution reduction strategies pursuant

to eight criteria: superior environmental

performance; cost savings and

paperwork reduction; local stakeholder

involvement and support; test of an

innovative strategy; transferability;

feasibility; identification of monitoring,

reporting and evaluation methods; and

avoidance of shifting risk burden. They

must have full support of affected

federal, state and tribal agencies to be

selected.

For more information about the XL

criteria, readers should refer to the two

descriptive documents published in the

Federal Register (60 FR 27282, May 23,

1995 and 62 FR 19872, April 23, 1997),

and the December 1, 1995 ‘‘Principles

for Development of Project XL Final

Project Agreements’’ document. For

further discussion as to how the USFRS

XL Project addresses the XL criteria,

readers should refer to the USFRS FPA

available from the EPA RCRA docket or

Region 5 library for this action (see

ADDRESSES section of today’s preamble).

XL Program Phases

Development of a Project has four

basic phases: the initial pre-proposal

phase where the project sponsor comes

up with an innovative concept that it

would like EPA to consider as an XL

pilot; the second phase where the

project sponsor works with EPA and

interested stakeholders in developing its

XL proposal; the third phase where

EPA, local regulatory agencies, and

other interested stakeholders review the

XL proposal; and the fourth phase

where the project sponsor works with

EPA, local regulatory agencies, and

interested stakeholders in developing

the FPA and legal mechanisms. The XL

pilot proceeds into the implementation

phase and evaluation phase after

promulgation of the required federal,

state and local legal mechanisms and

after the designated participants sign the

FPA.

Final Project Agreement

The FPA is a written agreement

between the project sponsor,

participants and regulatory agencies.

The FPA contains a detailed description

of the proposed pilot project. It

addresses the eight Project XL criteria,

and the expectation of EPA that this XL

Project will meet those criteria. The FPA

identifies performance goals and

indicators (monitoring schedules) which

will enable USFRS to clearly illustrate

the baseline quantities and compare

them to quantities derived after

implementation of the pilot. The FPA

specifically addresses the manner in

which the project is expected to

produce superior environmental

benefits. The FPA also discusses the

administration of the agreement,

including dispute resolution and

termination. The FPA for the USFRS XL

Project is available for review in the

docket for today’s action, and also is

available on the world wide web at

http://www.epa.gov/projectxl/.

III. Overview of the USFRS XL Project

Today’s new rules will facilitate

implementation of the FPA and the

USFRS XL Project. The regulatory relief

provided in the final rules promulgated

today, however, will not be federally

effective in Minnesota until the state has

made similar changes to its hazardous

waste management program and, as

necessary, EPA has approved of those

changes as part of the State’s authorized

hazardous waste program. See the

preamble to the August 17, 2000,

Federal Register for a more detailed

discussion of the manner in which the

state may make such changes and the

consequences of such actions.

A. Scope of the USFRS XL Project

The USFRS XL Project is limited in

scope to the USFRS facility located in

Roseville, Minnesota and to approved

generators and transporters located

within the State of Minnesota. It is

further limited to waste specifically

defined as USFRS XL wastes from the

approved generators.

This XL Project is limited to USFRS

ion exchange resin canisters, the USFRS

resin process filters used prior to and

after waste water treatment in the resin

canisters (‘‘pre- and postfilters’’) and the

contents of the resin canisters and filter

containers after use by an approved

generator. The wastes include the

resins, the wastes contained on or

within the resins, the pre- and postresin filters and any other wastes

contained within the canisters or the

filter containers. The wastes include

only those wastes which are generated

from processes subject to the RCRA

F006 hazardous waste listing from

approved generators.

EPA and MPCA must approve of each

generator or transporter prior to it being

added to this XL Project as a participant.

If the generator’s principal place of

business is located within the counties

of Anoka, Carver, Dakota, Hennepin,

Ramsey, Scott or Washington,

Minnesota then the environmental

agencies located within these counties

(‘‘county environmental agencies’’ or

‘‘county agencies’’) must also approve of

the generator. EPA’s review of a

proposed participant will focus

primarily on its compliance and

enforcement history. Before USFRS

proposes to EPA to add a company to

this project USFRS will conduct a

preliminary evaluation of the company

to ensure that it qualifies.

USFRS’ preliminary evaluation of a

proposed generator will ensure that the

proposed generator is within the

electroplating, metal working and

circuit board manufacturing industrial

sectors, has a complete USFRS

application form, and has a storage area

which meets the standards specified in

subpart O. Only generators who

generate or may generate waste water

treatment sludges from electroplating

operations may participate in the

USFRS XL Project since it is limited in

scope to RCRA F006 hazardous waste.

USFRS’ preliminary evaluation of a

proposed transporter will consist of

determining whether the transporter has

a current satisfactory safety rating from

the United States Department of

Transportation (USDOT), an EPA

hazardous waste identification number,

and a Minnesota Uniform Hazardous

Materials Registration (Minnesota

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28069

3The conditions in new subpart O must be

incorporated into USFRS’ hazardous waste permit

by the State of Minnesota. This must be

accomplished in time to allow USFRS to have the

revised permit before it installs the ion exchange

resin process at its first generator approved by the

agencies.

registration). This USFRS XL Project is

limited to transporters who have a

current satisfactory rating from the

USDOT. They do not need an EPA

identification number or Minnesota

registration to participate.

The federal procedures for approving

a company as a participant in the

USFRS XL Project as a generator or

transporter are detailed in the final rule.

In summary, if a company passes

USFRS’ preliminary evaluation, USFRS

will notify EPA in writing of its desire

to add the company to the USFRS XL

Project. EPA will have twenty one days

to veto such company’s participation in

the USFRS XL Project. If USFRS does

not receive a written disapproval from

EPA within the twenty one days, the

company is deemed to have EPA

approval. USFRS must also obtain the

approval of the MPCA and appropriate

county agency. After USFRS has

received the approval of EPA, MPCA

and the appropriate county agency it

will notify the potential generator or

transporter that it has received the

required agency approvals. At that time,

USFRS will obtain the company’s

signature to the FPA and a certification

that it has received the appropriate

training. Upon request, USFRS will

forward a copy of the signed documents

to EPA, MPCA and the appropriate

county agency.

On the date USFRS receives the

signed FPA and certification, the

potential generator or transporter is

considered part of this USFRS XL

Project. This date may be referred to as

the generator or transporter ‘‘effective

date.’’ Only generators or transporters

who signed the FPA and certification

after receiving EPA’s approval may

participate in the USFRS XL Project.

The generator or transporter must

handle its USFRS XL waste generated

on or after the effective date in

accordance with the requirements of

part 266, subpart O. The generator or

transporter must handle USFRS XL

waste generated prior to the effective

date according to the RCRA regulations

applicable at that time. New subpart O

does not apply retroactively to these

wastes.

The USFRS Roseville facility will

handle the USFRS XL wastes as a

hazardous waste and consistent with its

hazardous waste permit.3 USFRS’

treatment of the wastes will consist of

treatment to regenerate the resins and

make them amenable for reuse in

another canister. USFRS will handle

any residual wastes from the resin

regeneration process and the filters from

the pre- and post-filtration process

according to the RCRA hazardous waste

code designation they would have had

if they were not subject to the XL001

designation (i.e., F006 and any other

appropriate waste codes). USFRS will

ensure that this hazardous waste is

legitimately recycled through metal

recovery.

B. What Problems Has USFRS

Identified?

USFRS has stated that the present

RCRA regulatory structure may act as a

disincentive for certain manufacturers

to use the ion exchange resin process.

This in turn may act as a disincentive

for them to reduce the amount of metals

being discharged to a water body; to

increase the recycling of metals from

electroplating processes and reduce the

consumption of potable water.

Electroplaters, metal finishers and

other similar industries use large

volumes of water to wash and rinse

materials during the manufacturing

process. In most manufacturing

processes today, wash and rinse water is

used once, then discarded. This ‘‘singleuse’’ waste water is usually directed to

an on-site waste water treatment plant

where it is treated to levels required by

the Clean Water Act prior to discharge

to a POTW or surface waters. This

single-use of water is very wasteful. A

great amount of effort and cost is

expended to produce potable water for

this single use. Additional costs are

incurred in treating these waste waters

prior to discharge.

To minimize single water use and to

encourage recycling of rinse waters,

USFRS has developed an ion exchange

resin treatment process (‘‘resin

process’’). The resin process consists of

three separate but integrally linked

components—pre-filter, resin filter and

post-filter components. The

manufacturing waste waters are directed

to the pre-filter components first. The

pre-filter components consist of a

polypropylene wound particle

cartridge(s) contained in a plastic

container. The pre-filters collect a

certain size particulate from the waste

water. They are essential to the proper

operation of the resin filter since they

collect particles which may plug or foul

the resin filter. The pre-filters collect

particles which contain metals such as

copper, zinc, chrome and nickel from

the manufacturing waste waters. The

waste waters are directed from the prefilters by hose to the resin filters. The

resin filter consists of a cylindrical

canister which contains the ion

exchange resin. The waste waters are

directed to the resins which further

collect metals onto themselves. After

treatment in the resin canisters the

waste waters are directed to the postfilters via hose. The post-filters also

consist of a polypropylene wound

particle cartridge(s) contained within a

plastic canister. The post-filters function

as a final polishing step and fail-safe

mechanism should the ion exchange

resin leak from the resin canister. The

waste waters entering the post-filter

container(s) generally meet final

discharge limits under the Clean Water

Act. The water that exits the post-filters

(‘‘regenerated water’’) can then be

discharged to the local publicly owned

treatment works (POTW) or directed

back to the manufacturing process and

reused. If the regenerated water is

directed back to the manufacturing

process this would reduce the amount

of potable water that is needed in the

manufacturing process.

The use of water reuse systems such

as USFRS’s ion exchange system by

electroplaters, metal finishers and

similar industries often results in the

resins, filters, canisters and associated

containers being considered a listed

hazardous waste (F006) once the resins

and filters have been spent at the

manufacturing plant. However, these

resins and the canisters can be

regenerated at USFRS’ Roseville,

Minnesota facility. This regeneration

process produces a regenerated resin

and residual wastes containing metals,

such as copper, nickel and zinc

(‘‘sludges’’). The regenerated resin may

be reused again in other water treatment

systems. The residual wastes from

USFRS’s regeneration process along

with the pre- and post-filters may be

recycled to recover the metals contained

within them. However, since the resins,

filters, canisters and associated

containers may be a RCRA hazardous

waste, the manufacturer incurs

additional obligations under RCRA that

it would not necessarily incur if it had

not implemented the water reuse

system. The additional regulatory

obligations may act as a disincentive to

a company’s use of a water reuse system

and thus increases the use of potable

water.

USFRS suggested that the use of its

water reuse system would lower the

amount of metals ultimately discharged

to a local water body. Collecting and

recycling of sludges and filters will

result in less wastes being land filled.

Furthermore, USFRS suggests that the

metals that are recovered may reduce

the energy and environmental impacts

28070 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

4The counties each will decide whether to

exempt the XL 001 waste from normal hazardous

waste taxation.

5EPA expects that whatever mechanism the State

elects to use to implement this XL Project it will

clearly state that a company’s continued

participation may be terminated by EPA pursuant

to its procedures contained in 40 CFR 266.414

through 266.418. Furthermore, such termination

shall require the company to close its USFRS XL

waste operations and comply with RCRA in

accordance with 40 CFR 266.414 through 266.418.

6 If a generator or transporter elects to terminate

its participation prior to ever generating or

transporting USFRS XL waste the rules provide a

from mining and manufacturing of

virgin ores.

C. What Solutions Will Be Implemented

by the USFRS XL Project?

To encourage water and waste

reduction and increased recycling new

subpart O will temporarily defer from

the RCRA regulatory requirements

contained in 40 CFR parts 261–265, 268,

270, 273 and 279 the resins, filters, resin

canisters and filter containers used in

the USFRS ion exchange resin treatment

process. This temporary deferral will be

implemented through a new waste code

designation which will be used while

the waste is at the approved generator

and during its transport to USFRS. This

deferral is premised on the fulfillment

of five general requirements. First, the

generator would handle the waste in

accordance with specific standards

required by the new rule. Second, the

waste is transported only to USFRS’

Roseville, Minnesota facility and only

by approved transporters. Third, the

generators and transporters are limited

to companies located in Minnesota who

pass a preliminary evaluation by USFRS

and are approved by EPA, MPCA and

the appropriate county agencies. Fourth,

USFRS handles the waste according to

the waste code designation it would

have had but for the temporary deferral

contained in the new rule (i.e., F006 and

any other appropriate waste code).

Finally, USFRS will recycle, through

metals recovery, any metals contained

in these wastes. Presented in Section IV

below is a more detailed discussion of

these elements of the new rule and final

FPA.

D. How Have Various Stakeholders Been

Involved in This Project?

Nine public meetings were held to

inform the general public and

environmental groups about the project

and to invite their comments and

participation. EPA solicited comments

on the draft FPA and proposed rule on

August 17, 2000 and made them both

available on its web page and in dockets

established in Washington, D.C. and

Chicago, Illinois.

USFRS may hold additional public

meetings during implementation of the

FPA based on public interest or as

decided by direct participants.

Stakeholder input and community goals

have been and will continue to be

considered throughout project

implementation. USFRS shall report on

a quarterly basis efforts to maintain

stakeholder involvement and public

access to information in accordance

with the requirements of the new

subpart O.

E. How Will This Project Result in Cost

Savings and Paperwork Reduction?

EPA believes that this project has the

potential for cost savings by making

recycling of water and waste more cost

competitive with traditional treatment/

disposal options. Costs savings may

include those associated with: purchase

of additional potable water for single

use; capital and operating costs to treat

mildly contaminated waste waters so

that they meet pretreatment standards

prior to discharge; discharge fees

associates with wastewater discharge

(including permits, monitoring and

sewer access charges); transport and

disposal of hazardous waste sludges;

and taxes paid to local authorities.4 A

cost comparison will be conducted

during project implementation to

evaluate the cost savings. EPA believes

that the paperwork burden for the

generator will be reduced as compared

to current RCRA requirements. USFRS

will be required to retain and submit

certain reports which RCRA would

normally require of its customers, and

report ongoing environmental

performance and success in meeting its

targets. For further information about

the impacts of this rule on paperwork

reduction, please see section VI.E.

F. How Will EPA Ensure the Integrity of

This XL Project?

EPA will ensure the integrity of this

project through the regulations that it is

finalizing today, its prior approval of the

generators and transporters, its normal

enforcement and oversight authority

and coordination and cooperation with

the State of Minnesota and appropriate

county agencies.

The final rules will be the primary

vehicle EPA will use to ensure that

USFRS and all generators or

transporters of USFRS XL waste handle

the USFRS XL wastes in a manner

which is acceptable to EPA.

G. How Will the Terms of the USFRS XL

Project and Final Rule Be Enforced?

All XL projects must include a legally

enforceable mechanism to ensure

accountability and superior

environmental performance. EPA

retains its full range of enforcement

options under the final rules. Thus,

once there is a federally enforceable

mechanism in place, if EPA determines

that a company is not in compliance

with it then EPA and, under certain

conditions, private citizens may take

enforcement action against that

company and may terminate that

person’s continued participation in the

project (section 3005(d), 3006(d) and

3008(a) of RCRA).

In addition to its enforcement options

EPA retains its option to terminate a

company’s continued participation in

this XL Project. In the event EPA

terminates a person’s continued

participation in this XL Project, EPA

will use the criteria and procedures

identified in the final rules, not those

contained in Minnesota’s rules, statutes,

permits or other implementing

mechanisms.5 (See proposed § 266.414–

418).

The enforcement response on the part

of EPA will depend upon the actual

performance of each generator,

transporter and USFRS, the mechanism

the State uses to implement this XL

Project and the severity of any violation.

EPA will enforce the existing

Minnesota hazardous waste

management regulations which are part

of the Minnesota authorized hazardous

waste program. The flexibility proposed

in the final rule will not be available to

USFRS, its generators and transporters

until the State of Minnesota adopts

equivalent flexibility which is federally

applicable and enforceable. The

instrument selected for the State’s

implementation of this XL Project must

be one that is clearly federally

enforceable.

Once all of the required federal and

state legal authorities are in place, EPA

will retain a role in evaluating this XL

Project, USFRS and each generator and

transporter. EPA will evaluate each

generator and transporter prior to it

being accepted into the program.

Additionally, once this XL Project is

effective EPA may routinely inspect any

of the participants to determine their

compliance. If EPA determines that a

participant has violated a particular

provision of the rules, then that

participant may be subject to civil or

criminal penalties pursuant to section

3008 of RCRA. Furthermore, EPA may

terminate that company’s continued

participation in this XL Project.

In the event of a termination, the

participant must remove the USFRS XL

waste, take appropriate steps to

decontaminate and return to compliance

with RCRA.6 The new rules specify a

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28071

truncated termination procedure. This procedure

does not require removal or decontamination of

USFRS XL waste since none have been generated

or transported at that point in time. The rules also

provide for a shorter time for notice to EPA, MPCA

and the appropriate county agencies. (See proposed

§§ 266.414 and 266.416).

time period for accomplishing this.

USFRS XL waste transporters will have

30 days after receipt of EPA’s notice of

termination to complete the termination

procedures required by the new rules

and return to compliance with RCRA.

USFRS XL waste generators will have

60 days and USFRS will have 120 days.

During the 30, 60 and 120 transition

periods, the provisions of new subpart

O would continue to apply in full. At

the conclusion of the transition periods,

the applicable RCRA regulations would

again apply to the participant.

The rationale for the transition period

is to allow sufficient time for the

participant to reinstate the operational

and administrative infrastructure

necessary for proper RCRA compliance.

EPA selected different time frames for

the transporters, generators and USFRS

based on the complexity of the activities

they may have to engage in to return to

compliance with RCRA. The preamble

to the August 17, 2000 Federal Register

explained the rationale for the various

time frames.

G. How Long Will This Project Last and

When Will It Be Completed?

As with all XL projects testing

alternative environmental protection

strategies, the term of this XL Project is

one of limited duration. Today’s rules

would set the term of the XL Project at

five years after the date that Minnesota

modifies USFRS’ RCRA permit to

incorporate the requirements imposed

on USFRS under new subpart O.

Because Project XL is a voluntary and

experimental program, today’s rule

contains provisions that allow the

project to conclude prior to the end of

the five years in the event that it is

desirable or necessary to do so. For

example, an early conclusion would be

warranted if the project’s environmental

benefits do not meet the Project XL

requirement for the achievement of

superior environmental results. In

addition, new laws or regulations may

become applicable to the wastes during

the project term which might render the

project impractical, or might contain

regulatory requirements that supersede

the superior environmental benefits that

are being achieved under this XL

Project. Similarly, the participants may

also ask to discontinue participation in

this XL Project prior to the five years if

the experimental project does not

provide sufficient benefits for them to

justify continued participation.

IV. Description of the New Rules

A. XL Waste and Other Terms Defined

A definition of ‘‘USFRS XL waste’’ is

contained in new 40 CFR 266.401.

Based on its review of the public

comments EPA has modified the

definition contained in the proposed

rule in two ways. First, EPA has

included within the definition of

USFRS XL waste, and thus in this XL

Project, the USFRS pre- and post-filters

and their containers used as part of the

ion exchange resin process. Second,

EPA has eliminated the requirement

that the treated waste waters must be

reused in the manufacturing process.

EPA discusses the rationale for these

changes and their anticipated impact on

the project’s environmental performance

in section V below.

‘‘USFRS XL waste’’ will consist of the

USFRS used water treatment resin

canisters, the USFRS required pre- and

post-resin filters and their containers

and the contents of the canisters and

filter containers. It is limited to

approved USFRS generators located

within the State of Minnesota. The

USFRS XL wastes are limited to wastes

which result from processes which

would be subject to the RCRA F006

hazardous waste designation at the

point of generation (i.e. waste water

treatment sludges from specified

electroplating operations). These wastes

may also exhibit a characteristic of

hazardous waste as a result of the

operations of a particular company.

Spills of USFRS XL wastes by the

generator or transporter are considered

USFRS XL waste provided the generator

or transporter handles the spill in

accordance with the spill requirements

of proposed 40 CFR 266.408(e) and

266.411. This definition does not

include wastes that were generated prior

to the date a generator is added to this

USFRS XL Project. The definition states

that USFRS XL waste while at an

approved generator and during transport

will be identified by the waste code

XL001. It further states that the XL001

waste designation applies only to

USFRS XL wastes generated by

approved USFRS XL waste generators.

Section 266.400 contains a definition

for an ‘‘approved USFRS XL waste

generator.’’ It is a company located in

Minnesota who: has properly identified

its wastes and processes; has passed a

preliminary evaluation by USFRS; has

not been excluded by EPA, MPCA and

appropriate county agencies; has

received notice of approval from

USFRS; and has signed the FPA, and a

certification that it has taken and

understood the specific training

required by subpart O.

Section 266.400 contains definitions

for other terms used in subpart O, such

as County Environmental Agencies,

USFRS, USFRS XL waste application

form, USFRS XL waste approved

customer, USFRS waste approved

transporter, USFRS XL waste facility,

USFRS XL waste final project

agreement, USFRS XL waste generator,

USFRS XL waste project, USFRS XL

waste training module, USFRS XL waste

transportation tracking document and

USFRS XL waste transporter. Except as

noted in section V below, EPA has not

changed these definitions from those it

proposed on August 17, 2000.

B. Waste Identification and

Characterization

Pursuant to § 266.406, prior to being

accepted into this XL Project, the

customer/potential generator company

will properly identify its processes and

chemicals contributing to the water

proposed for treatment in the USFRS

ion exchange resin treatment process. It

may only identify those waste streams

which meet the F006 listing. The

company will complete and submit the

USFRS XL waste application form to

USFRS. After being accepted into this

XL Project, the company shall provide

USFRS with prior notification of any

changes in its processes.

USFRS will perform a chemical

profile analysis, of the company’s waste

stream(s) and processes contributing to

the water treated within the ion

exchange resin treatment process.

USFRS will conduct this analysis in

accordance with the test methods

identified in its waste analysis plan

contained in its RCRA hazardous waste

permit. This waste stream analysis will

substitute for an analysis of the resins

and filters after use in their canisters

and containers. The analysis will also

ensure that the waste waters are

compatible with the ion exchange resin

process and that the wastes are

compatible with maintaining the

integrity of the canisters and containers.

USFRS will conduct the waste stream

analysis once for each company prior to

accepting it into this XL Project. Once

a company is accepted into the USFRS

XL Project, USFRS will repeat the

analysis whenever a company provides

it with notice that it has changed its

processes contributing to the USFRS XL

waste.

The USFRS XL waste designation will

only apply to those water treatment

resin canisters, the pre- and post-resin

filter containers and their contents for

processes identified by the customer,

28072 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

7A distinction is made in the rules between an

approved customer and an approved generator.

They are essentially the same with the only

difference being that a customer is not

automatically a generator. A customer becomes a

generator when if first generates or causes to be

regulated USFRS XL waste.

8USFRS will also have a list of the approved

transporters, see proposed § 266.419(c).

9EPA has changed the time period based on its

review of the public comments it received. See

section V below for a summary of the changes and

EPA’s rationale for such changes.

10Section 266.410(a) requires USFRS to provide

the Transportation Tracking Document to the

generator at the time the transporter arrives at the

generator. This is a slight revision of proposed

266.410(a) which required USFRS to provide the

provide the Transportation Tracking Document

prior to the transporter arriving at the generator. See

Section V below for a discussion of the reason for

this change.

11Based on a review of the public comments EPA

increased the time period from 5 days to 10 days.

See section V below for a summary of EPA’s

support for such a change.

evaluated by USFRS and approved by

EPA, MPCA and appropriate county

agencies.

C. Notification and Recording of

Participation in the USFRS XL Project

The new rules relieve the approved

generators and transporters from the

RCRA requirements of submitting an

EPA hazardous waste notification form

and obtaining an EPA identification

number. In lieu of these RCRA

requirements USFRS and its generators

and transporters will follow the

notification requirements and processes

contained new §§ 266.402, 403 and 406.

The procedures for adding generators

and transporters to this XL Project are

contained in new §§ 266.402 and

266.403. Section 266.406 requires the

generators to use and complete the

USFRS XL waste application form.

Additionally, it requires USFRS to

assign a unique customer and process

waste stream number to each approved

generator and waste stream. The USFRS

XL waste application form will contain

information similar to that required on

the EPA Hazardous Waste Notification

Form, except that it will identify the

wastes by the ‘‘XL001’’ designation in

addition to the EPA waste codes.

Section 266.406 requires USFRS to

assign to each approved generator a

unique client number. The generator

will use this number whenever it

generates and transports off-site USFRS

XL waste. USFRS will also assign to

each approved waste stream from the

generator a unique number known as a

waste profile number.

Pursuant to new proposed

§ 266.419(c), USFRS will maintain a list

of the approved customers and

generators.7 USFRS will include on that

list the customer name, the USFRS

client and waste profile numbers, a

summary of the results of the USFRS

profile analysis and the process waste

streams approved for participation in

the XL Project. USFRS will have that list

available at its Roseville, Minnesota

facility and will provide that list to EPA

and MPCA on a quarterly basis.8 If any

of the customer information is claimed

as confidential business information or

trade secrets USFRS will indicate that

fact and notify EPA and MPCA. EPA

will treat such material in accordance

with 40 CFR part 2.

D. Transportation and Tracking of

USFRS XL Waste Shipments

The new rules ensure that USFRS XL

waste reaches its destination by

applying strict transportation routing

and tracking requirements on the

transportation of USFRS XL waste from

the time it leaves the generator to the

time it is received by USFRS. Subpart O

accomplishes this by directly imposing

these requirements on USFRS and its

generators and transporters (proposed

§ 266.410). The requirements are

summarized below.

USFRS will control the transportation

and routing of the USFRS XL wastes

from a generator and its transporters. All

USFRS XL waste generators must use a

USFRS XL waste approved transporter

to transport the USFRS XL waste. The

USFRS XL waste must be sent to

USFRS’ Roseville, Minnesota facility.

The generator must contact USFRS

when it wants to transport its USFRS XL

waste. USFRS’ Roseville facility has a

dedicated shipping department. That

department will arrange with a USFRS

XL waste approved transporter to pickup the generator’s USFRS XL waste

within the 90 days the generator is

allowed to store the waste on site.9

USFRS’ shipping department will

complete the USFRS Transportation

Tracking Document and provide it to

the generator with a copy to USFRS’ lab

analysis. USFRS will include on the

Transportation Tracking Document

information required by these new

rules. USFRS will provide the generator

with the Transportation Tracking

Document by the time the transporter

arrives at the generator’s site to pick up

the waste.10

USFRS’s transporters must pick-up

the USFRS XL waste at the generator

within the 90 days the generator is

allowed to store the waste on-site. The

transporters are required to transport the

USFRS XL waste to USFRS’ Roseville,

Minnesota facility within 30 days of

picking up the waste at the generator. A

USFRS transporter may store or arrange

to store a shipment of USFRS XL waste

during that 30 day period, provided

however, it may only do so for a 10 day

or less period without triggering the

facility requirements in sections 264,

265, 268 and 270 of RCRA. This 10 day

limitation on the storage of USFRS XL

waste by the transporter mirrors the

limitations on storage by transfer

facilities contained in section 263.12.

If the shipment is not received by

USFRS within 30 days of the USFRS

transporter picking it up at the USFRS

generator, USFRS will contact the

transporter to determine the disposition

of the load. If USFRS does not receive

the shipment within 5 days of its

scheduled arrival date, it will notify

EPA, MPCA and appropriate county

agencies. USFRS will send a copy of the

Transportation Tracking Document to

the USFRS generator within 10 days of

USFRS’ receipt of the XL001 waste from

the transporter.11

USFRS will use its own trucks or

those of approved transporters to

transport USFRS XL waste to USFRS’s

Roseville facility. USFRS may use any

transporter provided it conducts a

preliminary evaluation of the

transporter; the transporter has a current

satisfactory safety rating from USDOT;

the transporter has been approved by

EPA, MPCA, and, as appropriate the

County Agencies; it has completed the

USFRS XL waste training; and it has

signed the FPA. New § 266.403 requires

USFRS to include in its preliminary

evaluation information on the current

USDOT safety rating for the transporter,

its EPA identification number and the

status of its Minnesota registration to

transport hazardous waste. USFRS will

assign to each approved transporter a

unique USFRS client identification

number. This number will be used on

the Transportation Tracking Document.

In lieu of the manifest, the new rules

require USFRS, its transporters and

generators to use the USFRS

Transportation Tracking Document

when transporting the USFRS XL waste

from the generator to USFRS’s Roseville

facility. New rule § 266.410 and the

definition of the USFRS XL Waste

Transportation Tracking Document

contained in proposed § 266.401

requires that USFRS obtain EPA

approval of the Transportation Tracking

Document prior to using the

Transportation Tracking Document and

whenever it proposes to revise it. With

this rule EPA approves of the

Transportation Tracking Document

provided by USFRS and included in the

docket for this rule. Pursuant to

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28073

12The rule names USFRS and Pioneer Tank Lines

as transporters. Both entities will be approved for

participation when they sign the FPA.

13Based on the public comments EPA made two

modifications to the warning statement. First, EPA

changed the statement to indicate that it will be

placed on the filter containers, not just the resin

canisters. Second, EPA indicated that spills are to

be placed in appropriately sized polypropylene

containers, not 55 gallon steel drums. See section

V below for a summary of the public comments and

the reasons for these changes.

proposed §§ 266.419(d), 420 and 421

USFRS, the transporter and the

generator(s) will retain a copy of the

Transportation Tracking Document for

three years for each shipment of XL

wastes that is shipped off-site to the

Roseville, Minnesota facility.

Section 266.410(a), requires USFRS,

not the generator, to complete and

submit any exception reports. USFRS

will use a shorter time period—five

days—to gauge whether it is necessary

to take further steps to locate a

shipment. If USFRS is unable to locate

the shipment within five days it will

then notify EPA, MPCA and appropriate

county agencies of that fact.

E. Pre-Transport and Transportation

Requirements

The new rules specify that only

USFRS or an approved USFRS

transporter will transport the USFRS XL

wastes from the generator to the USFRS

Roseville, Minnesota facility.12 USFRS

has an EPA identification number and a

hazardous waste permit. USFRS

approved transporters will have a

current satisfactory safety rating from

USDOT and a unique USFRS customer

identification. All transporters will use

the USFRS Transportation Tracking

Document when transporting USFRS XL

waste. Pursuant to §§ 266.408(c) and

409 the transporters and generators will

ensure the USFRS XL wastes have

affixed to the ion exchange resin

canisters and the filter containers the

following warning statement which will

be provided by USFRS:

XL001 wastes—USFRS ion exchange resin

process wastes—Federal Law Prohibits

Improper Disposal. This is USFRS XL waste

from (insert XL waste generator’s name).

Handle as a hazardous waste and ship only

to USFRS located at 2430 Rose Place,

Roseville, MN. This waste was placed in this

container on (date) and placed in storage at

(insert USFRS XL waste generator’s name) on

(insert date). If found, contact USFRS and the

nearest police, public safety authority, EPA

or MPCA. The USFRS telephone number is

(insert phone number). USFRS

Transportation Tracking Document

Numberlllll’’ If spilled immediately

contain the spill and prevent it from going

into any water body; collect the spilled

material and place in an appropriately sized

polycontainer; contact USFRS and the

nearest police, public safety authority, EPA

or MPCA.13

USFRS will supply these labels to the

generator at the same time that it

provides the generator with the USFRS

Transportation Tracking Document. The

transporters will ensure that these labels

are affixed to the containers during

transport and that the XL wastes are

within an approved container.

F. Accumulation and Storage Prior to

Shipment

The accumulation and storage

requirements are contained in § 266.408.

The new rule requires the generator to

store its USFRS XL waste on an

impervious surface. Pursuant to

§ 266.402(c), prior to accepting a

customer into this XL Project, USFRS

will obtain from its customers the waste

application form. This form will provide

information on the location and

condition of the proposed storage area.

This information will be supplied on a

site engineering form which USFRS

developed and submitted as part of the

waste application form. The generator

will indicate on the site engineering

form the location and construction of

the storage area for the USFRS XL

waste. Prior to accepting a generator

into this XL Project, USFRS will review

the site engineering form and inspect

the company’s storage area to determine

if it is impervious. USFRS will only

propose to EPA for this XL Project

persons who, among other things, have

an impervious storage area. Upon

request, USFRS will provide a copy of

the customer’s site engineering form and

the results of USFRS’ evaluation of the

customer to EPA, MPCA and

appropriate county agencies.

The rule limits the generator to 90

days for the on-site storage of its USFRS

XL waste. The generator must store the

USFRS XL wastes in the water treatment

resin canisters and filter containers and

must store them separately from its

other wastes or materials, including

explosive or ignitable wastes or

materials. The generator will ensure that

the canisters and containers are closed

and disconnected from the

manufacturing process(es). It will place

on the resin canisters and filter

containers a label which indicates the

company’s name, location, contents of

the resin canister and filter container

and the date they were placed in

storage. The generator will ensure that

there is adequate aisle space to

determine the condition of the canisters

and containers and to respond to any

leaks from them during their storage.

The generator will inspect the condition

of the canisters or containers weekly

while they are stored on-site. The

generator will maintain a log of these

inspections. The log will indicate the

date the canister and containers were

placed in storage, the condition of the

canisters and containers, the date of the

inspection, the person conducting the

inspection and the condition of the

canisters and containers and the storage

area at the time of the inspection.

Pursuant to § 266.413, the generator

will retain the ability to legally treat or

dispose of its wastes contributing to its

USFRS XL waste stream in the event

that it is no longer a participant in this

XL Project. In most cases this will mean

that the generator would have to make

arrangements with its local POTW

whereby the POTW would agree to take

the generators’ wastewater on 60 days

notice. The POTW serving the Counties

of Anoka, Hennepin, Ramsey,

Washington, Dakota, Carver and Scott,

known as the Metropolitan Council of

Environmental Services (MCES) has

advised EPA that it will be able to

accept the wastewater of those

generators who participate in this XL

Project in its district on 60 days notice.

Generators will comply with tailored

closure requirements contained in

§ 266.412. If and when a generator’s

participation is terminated in this XL

Project, USFRS will pick up all of the

generator’s canisters and containers.

Generally, § 266.415 provides USFRS

and the generator sixty days to complete

the closure activities required by

proposed § 266.412. USFRS will collect

the generator’s USFRS XL waste within

thirty days of notice of the company’s

termination in the program. The

generator will remove from the storage

area any USFRS XL wastes and clean

any related contamination. The

generator will retain records of all

activities it has undertaken to

decontaminate its storage area and

equipment.

Within the same sixty days, the

generator will provide USFRS with

access to visit the generator. The

purpose of this access is to allow USFRS

to determine if all of the USFRS XL

waste has been removed. USFRS has

developed a systems discontinuation

form that it will use to document its

visual observations during this visit.

Pursuant to § 266.412(b) USFRS will

provide a summary of its observations at

the generator of the condition of the

storage area and the removal of all

USFRS XL Waste. USFRS may use its

systems discontinuation form. USFRS

will provide the summary to the

customer to EPA, MPCA and

appropriate county agencies. Pursuant

to §§ 266.419(d) and 266.420 USFRS

and the USFRS XL waste generator will

28074 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

14EPA changed this requirement from a 55 gallon

drum to the appropriately sized polypropylene

container based on its review of the public

comments. See section V below for a summary of

the public comments and the reason for this change.

15Based on a review of the public comments EPA

modified this requirement to clarify that the USFRS

XL waste MSDS must be sufficient to identify the

hazards associated with and steps needed to

respond to a spill or release of USFRS wastes. EPA

also eliminated the requirement that the USFRS XL

waste MSDS meet the OSHA requirements for an

MSDS and allowed for USFRS to use either an

MSDS or an equivalent document. See section V

below for summary of the public comments and the

reasons for this modification.

maintain records of their compliance

with the requirements of § 266.412,

including a copy of the systems

discontinuation form or its EPA

approved equivalent summary.

Abbreviated closure requirements are

specified in § 266.414 for those

companies who have not generated

USFRS XL wastes at the time their

participation is terminated. All that is

required of these companies is that

notice of their termination is provided

and that they implement the alternative

treatment or disposal required by

§ 266.413. This truncated closure is

appropriate for these companies (i.e.,

USFRS XL waste approved customers)

because at the time of their termination

they will not have generated any USFRS

XL waste. Consequently, the

requirements related to

decontamination and off-site shipment

contained in § 266.412 are not

appropriate.

Section 266.408(e) specifies the

generator’s responsibilities for spilled or

leaked USFRS XL waste on-site. If there

is a leak or spill of USFRS XL waste in

the generator’s storage area, then the

generator will immediately contain and

collect the wastes. It is anticipated that

the spilled or leaked materials may

consist of water and/or resins. The

generator will place spilled or leaked

resins in a polycontainer of sufficient

size to contain the spilled or leaked

resins.14 When allowed by the local

POTW, the generator will direct water

spilled from the canisters or filters to its

drainage system for permitted discharge

to the local POTW, and notify the

POTW. Otherwise, the generator will

place the spilled or leaked water and

resin from the canister(s) in a

polycontainer of sufficient size to

contain the spilled or leaked water and

resin. The generator will store and label

the spilled or leaked USFRS XL wastes

in accordance with the requirements for

USFRS XL wastes. The generator will

notify USFRS and MPCA of the spill or

leak and arrange with USFRS for the

transport of any such spilled or leaked

USFRS XL wastes with the next

scheduled shipment of USFRS XL

wastes.

This XL Project and the new rule do

not impose on the generator a

requirement for an internal

communication device. It eliminates the

need for fire extinguishers, water or

foam. It also eliminates the need for a

written contingency plan and an

emergency coordinator at the generator.

Instead, § 266.408(i) requires the

generator to have an external

communication device, such as a

telephone. It also requires in

§§ 266.408(a) and (b) that the generator

store the wastes in a manner which

should all but eliminate the potential for

a release to the environment or an

emergency. In particular, it requires the

generator to segregate the USFRS XL

wastes from other wastes and to store it

on an impervious surface. Section

266.408(d) and (e) require the generator

to inspect the storage area on a weekly

basis and to immediately respond to

spills or leaks of the USFRS XL waste.

Prior to generating any USFRS XL

waste, pursuant to § 266.408(h), the

generator must designate a contact

person responsible for handling the

USFRS XL wastes and responding to

any releases of the wastes. It also

requires USFRS to provide that person

with adequate training on how to

handle the USFRS XL waste and any

releases. USFRS is required to provide

each company (generators and

transporters) with adequate training

through the use of a training module

(‘‘USFRS training module’’). USFRS

may use any recorded communication

media that it believes is appropriate for

the training module (e.g., printed

brochures, videos, etc.) Pursuant to

proposed § 266.404 USFRS will submit

this training module to EPA, MPCA and

the appropriate county agency early

enough such that it may obtain the

necessary approvals prior to accepting

the first shipment of USFRS XL waste.

Further, pursuant to the new rule, the

USFRS training module will, at a

minimum, identify the hazards

presented by the USFRS XL waste, the

steps needed to install and replace the

ion exchange resin canisters and filter

containers, the requirements imposed

by these rules, the procedures to follow

in the event of a release of the USFRS

XL wastes and the proper procedures to

decontaminate equipment, structures

and material in the event that the

generator no longer participates in the

XL Project. Prior to approving a person

as a participant into the USFRS XL

Project, USFRS will obtain a signed

certification from that person. The

certification will state that the person

has reviewed, viewed or read the

training materials and agrees to follow

it. As part of this certification the

potential generator will identify the

individual responsible for its

compliance with the conditions of these

rules, the individual’s job title and a

description of his or her duties.

Pursuant to new § 266.405, USFRS

will provide every potential generator

with a material safety data sheet

(‘‘USFRS XL waste MSDS’’) for the

USFRS XL waste. USFRS will provide

this at the time the company applies to

USFRS for participation in this XL

Project. The USFRS XL waste MSDS

will provide sufficient information for a

person to respond safely to a spill or

release of USFRS XL waste.15 Pursuant

to § 266.408(h) the generator will

maintain and exhibit in a prominent

location a copy of the USFRS XL waste

MSDS on its property and will provide

a copy of it to local police and fire

departments and to the local hospital.

USFRS will ensure that the USFRS XL

waste MSDS prominently instructs

individuals in the proper emergency

response procedures for handling spills

or leaks of the USFRS XL wastes at the

generator or while in transit to USFRS.

The USFRS XL waste MSDS will also

accompany each shipment of USFRS XL

wastes.

If an imminent or actual emergency

occurs which threatens the release of

USFRS XL waste at the generator site,

then the generator will notify the EPA,

MPCA, USFRS and the appropriate local

emergency responders and county

agencies. The generator will take actions

to ensure the releases do not occur,

recur or spread; contact USFRS to

arrange for the transport and disposal of

the USFRS XL wastes; and make a

written recording of the event and its

actions in response to such event.

G. Reporting and Recordkeeping

Requirements

Sections 266.419, 420 and 421 present

the recordkeeping and reporting

requirements for USFRS, the generators

and transporters. Pursuant to these

rules, the generator will not be required

to retain copies of the waste analysis or

annual reports. Instead the burden will

shift to USFRS to retain equivalent

information to that contained within

these reports. In particular, USFRS will

retain for three years a copy of all

approval letters to its approved

customers and generators of USFRS XL

wastes; any correspondence with its

approved customers or generators

relevant to their participation in this XL

Project; a copy of the approved

customer’s and generator’s XL Waste

application form, site engineering form,

summary of its generator closure review

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28075

pursuant to § 266.412; waste analysis;

its analyses of the approved customer’s

or generator’s storage area; and the

Transportation Tracking Document for

each shipment of USFRS XL waste.

Each generator will be required to

retain for three years records of any spill

or emergency notifications and other

duties imposed pursuant to § 266.408(e);

the signed FPA and its certification; its

weekly inspection log required by

§ 266.408(d); its compliance with the

training requirements of § 266.408(h); a

copy of the signed Transportation

Tracking Document for USFRS XL

wastes it generated; and its records of

compliance with the decontamination

requirements of § 266.412.

Each transporter will retain for three

years a copy of the USFRS XL Waste

FPA and its certification; a copy of the

signed Transportation Tracking

Document for USFRS XL waste it

transported; and its record of any

notification of spills or leaks of USFRS

XL wastes required by § 266.411.

In addition to the records listed

above, USFRS will develop and submit

certain additional reports, lists and

documents. Many of these reports and

documents are in lieu of requiring the

same or similar information from its

generators (e.g., annual reports or

contingency plan). The reporting

requirements are presented in § 266.419

according to their frequency: annual

reports (§ 266.419(a)), semi-annual

reports (§ 266.419(b)) and quarterly

reports (§ 266.419(c)). A summary of

each report is presented below.

Quarterly reports are presented in

§ 266.419(c) and consist of status reports

on generator and transporter

participation in the XL Project. Separate

lists, with similar information, will be

reported for each. The generator list is

summarized in this paragraph. USFRS

will identify on the XL participant list

information on its preliminary

evaluation of the transporters and

generators, the dates of EPA, MPCA and

appropriate county approvals, the

effective date of a company being added

to the USFRS XL Project and any

termination date. For the generators,

USFRS will also include a summary of

USFRS’s profile analysis, the generator’s

process waste streams approved for

participation in the XL Project and the

condition of the customer’s storage area

at the time of its application to USFRS.

For generators who discontinue

participation in this XL Project, USFRS

will include on the XL generator list the

date of the notice of termination of its

participation, the date USFRS removed

the last ion exchange canister and filter

container, and the date of the USFRS

review of the generator’s

decontamination efforts. USFRS will

update the XL participant list as persons

are added to or eliminated from this XL

Project. USFRS will have the XL

generator list available for review by

EPA or MPCA at its Roseville,

Minnesota facility. USFRS will send a

copy of the XL generator list to EPA,

MPCA and appropriate county agencies

on a quarterly basis.

The annual report requirements are

presented in § 266.419(a) and are

intended to provide a substitute for the

hazardous waste biennial report. USFRS

will provide an annual report on all

USFRS XL wastes. USFRS will include

in the annual report, at a minimum,

each USFRS XL waste generator, the

quantity of USFRS XL waste that USFRS

received from each generator during the

calendar year and a certification by

USFRS that those wastes were treated at

USFRS in accordance with the

requirements imposed by new part 266,

subpart O. USFRS will include

information on the amount of metals it

reclaimed and recycled from the resins.

USFRS will develop and track certain

information that will be used to

determine the environmental benefits

derived from the USFRS XL Project.

From the generators USFRS will report

on an annual basis the following

information: the amount of water

recycled by the generators, the

pretreatment chemicals and energy the

generators did not use as a result of

participating in this USFRS XL Project,

the amount of water discharged to the

local POTW before and during this

project, the amount of sludge recovered

by USFRS before and during this

project, the amount of sludge recovered

instead of being disposed by a generator

(if the generator disposed of the sludge

prior to participating in this project), the

quantity of material (ion exchange

resins, filters, other wastewater

treatment sludge, residues) collected

from each facility (monthly), the

frequency of canister and container

replacement in terms of process volume,

the constituents in the material (ion

exchange resins, filters, wastewater

treatment sludge, residues) collected at

each facility (e.g., recoverable metals,

contaminants/non-recoverable

materials), and constituents in the

material (ion exchange resins, filters,

wastewater treatment sludge, residues)

disposed by each facility (e.g.,

contaminants/non-recoverable material).

USFRS will report on an annual basis

the following information from its

facility: quantity of material (ion

exchange resins, filter media,

wastewater treatment sludge, residues)

to be processed, quantity of metals

recovered, the constituents of the

recovered material (ion exchange resins,

filter media, wastewater treatment

sludge, residues), quantity and

constituents of the non-recoverable

material (ion exchange resins, filter

media, wastewater treatment sludge,

residues) and how it was disposed.

USFRS shall report on an annual basis

the following information from the

metal reclamation facility it uses to

recycle sludges: the quantity of each

metal recovered.

Pursuant to § 266.419(b), USFRS will

collect and report on a semi-annual

basis financial information related to the

costs and savings realized as a result of

implementation of this project and

sufficient information for EPA to

determine the amount of superior

environmental benefit resulting from

this project. Pursuant to § 266.419(b)(1),

the report will contain information

which includes, but is not limited to: 1.

The volume of waste collected and

recycled, 2. The amount of metals

recycled, 3. The volume of recycled

material sold to others, 4. Data regarding

the management of the ion exchange

canisters and filter containers, 5. The

constituents of the sludge and 6.

Information regarding how the sludge

and residues are managed.

Additionally, § 266.419(b)(2) requires

USFRS to report certain financial

information related to implementation

of this XL Project. It specifies that

USFRS will collect baseline and XL

costs. The baseline costs shall be

calculated using two scenarios: (1)

Typical charges (prior to the XL Project)

for pretreating and disposing effluent

wastewater under the applicable Clean

Water Act requirements and the costs

for manifesting, transporting and

disposing of F006 sludges; and (2)

typical charges that would be incurred

if wastes were recycled in compliance

with RCRA and requirements for

manifesting and transporting those

hazardous wastes (including tax

obligations under both scenarios). The

XL costs will include the current costs

to the generator for completing

transportation tracking documents, the

current transportation costs for XL

wastes, the generator’s cost to install the

ion exchange resin process, and the cost

to USFRS of metals reclamation off-site

(including costs associated with

transportation and disposal). USFRS

will compare the baseline costs to the

XL costs and provide an analysis of

whether the project is resulting in cost

savings for the generators and which

aspects of the XL Project produce these

savings.

28076 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

H. Additional Requirements Imposed on

USFRS

USFRS has a RCRA permit which

allows it to receive the USFRS XL

wastes. Pursuant to § 266.407 once

USFRS receives the USFRS XL waste at

its Roseville, Minnesota facility, the

waste will lose its USFRS XL waste

designation (XL001) and must be

handled as a fully regulated hazardous

waste (i.e, as F006 and any other

applicable hazardous waste code

designation). USFRS will determine the

appropriate designation of the waste

based on its waste profile analysis and

knowledge of the waste stream. USFRS

will comply with all terms and

conditions of its RCRA permit for

handling these hazardous wastes.

USFRS will also be responsible for the

conditions and terms identified in items

A–F above as applicable to USFRS—

e.g., waste profiling, use of the

Transportation Tracking Document,

generator annual report, training

module, MSDS, discontinuation review

of the customer, and transportation of

waste to the Roseville, Minnesota

facility. USFRS will arrange for the

recycling through metals recovery of the

metals which are contained in the

generator’s USFRS XL wastes. Pursuant

to § 266.407(b) USFRS may not accept

any customers into this Project unless

and until it has arranged for recycling of

the metals contained in the XL001

wastes it receives. This rule further

requires USFRS to recycle the metals

contained in the XL001 waste it receives

throughout the duration of the XL

Project.

To ensure proper coordination of

responses to spills, leaks or emergencies

of USFRS XL waste at the generator or

while in transit, § 266.407(c) requires

USFRS to have a spill response

coordinator. This person will receive all

calls from generators and transporters

regarding spills, leaks or emergencies

related to the USFRS XL wastes. This

person shall also be responsible for

coordinating the proper response to

such spills, leaks or emergencies.

V. Response to Significant Public

Comments and Changes From the

Proposed Rule

During the comment period provided

for the proposed rule EPA received

comments from USFRS, the State of

Minnesota and a citizen representing an

unidentified third party. A summary of

the comments, EPA’s responses and any

changes from the proposed rule is

contained within this section.

Comment. USFRS requested EPA to

include ‘‘pre’’ and ‘‘post’’ filters as part

of the XL project. USFRS pointed out

that the pre and post filters are an

integral part of the ion exchange filter

process which is the subject of the

USFRS XL project. USFRS will handle

these filters in the same manner that it

does the ion exchange resin canisters.

Namely, it will collect them from the

generators and send them to a third

party for recovery of the metals along

with the sludges in the resin canisters.

If the pre and post filters, however, are

not included as part of the USFRS XL

project they would be considered F006

hazardous waste. A project participant

thus would be subject to the USFRS XL

project requirement for the ion exchange

resin canisters and the RCRA hazardous

waste requirements for the pre and post

filters. This dual system would

discourage generators from participating

and thus would reduce the

environmental benefits anticipated from

this project.

Response. EPA agrees that the pre and

post filters should be included as part

of this XL project and subject to the

same management standards as the ion

exchange resin canisters. Consequently,

EPA will modify the definition of

USFRS XL waste contained in

§ 266.401.

According to USFRS the ion exchange

treatment system consists of three

components: (1) filtration of the waste

water prior to ion exchange resin

treatment (‘‘pre-filter’’ phase); (2) the

ion exchange resin treatment; and (3)

filtration of the waste water after it exits

the ion exchange resin treatment (‘‘postfilter’’ phase). The pre and post filters

consist of polypropylene wound particle

cartridges contained in plastic canisters.

The canisters are connected directly by

hose to the ion exchange resin canisters.

The pre-filters collect a certain size

particulate in the waste water prior to it

being introduced to the ion exchange

resin canister for treatment. The prefilters are essential to ensuring that the

ion exchange resin canister are not

plugged or fouled. According to USFRS,

without the pre-filter the ion exchange

resin canisters will not work as

effectively. The post-filters receive the

waste waters after they have been

treated by the ion exchange resin

canisters and prior to discharge or reuse of the treated waste water.

According to USFRS, the post-filters

will not usually receive as much or as

large a particulate size as the pre-filters.

They are used for final polishing and as

a fail-safe mechanism should there be a

leak of the treatment resins from the ion

exchange resin canisters. The pre-filters

will usually collect metals such as

copper, nickel, zinc and chrome. The

post-filters may collect some of these

same metals but after the waste water

has been treated to levels which would

meet the water treatment discharge

levels for these contaminants. Both

filters would be considered F006

hazardous waste by operation of the

RCRA derived from rule, regardless of

the concentration of the metals, since

the waste waters are electroplating

waste waters.

Neither the proposed rule nor the

preamble to it mentions the pre and post

filters. EPA was not aware of their

existence and function in the ion

exchange treatment system until USFRS

raised the issue in its comments.

Including these filters within the scope

of this project is consistent with the

goals of the USFRS XL Project. The

preamble to the proposed rule stated

that the primary purpose of the USFRS

XL Project was to encourage the use of

the ion exchange resin treatment

system. USFRS suggested that if more

companies used this system then there

would be an increase in the recycling of

the sludges which resulted from the

process; a reduction in the use of

potable water; and a reduction in the

energy associated with the use of

potable water in the production process.

USFRS stated that generators were

reluctant to use the ion exchange resin

process because of the stigma and costs

associated with the resins being

identified as a RCRA hazardous waste.

The resins would be considered an F006

hazardous waste by virtue of the

electroplating process waste waters

which came in contact with them. To

reduce the stigma and the costs EPA

proposed to identify the ion exchange

resin canisters with a unique hazardous

waste code (XL001) and to subject them

to special management standards

contained in new subpart O to part 266.

EPA agrees that if the pre and post

filters were not included as part of this

XL Project then they would be properly

characterized as F006 hazardous waste

by virtue of the ‘‘derived from rule.’’

The major contaminants on the filters

and resin canisters are essentially the

same—metals from electroplating waste

waters. Regardless of whether they are

identified as F006 or XL001 wastes the

ion exchange resin canisters and pre

and post filters would be subject to the

same final disposition—metals

recovery—under the USFRS XL Project.

However, without making the change

requested this would not occur.

Additionally, there would be two

separate management systems with

some incompatibility between them. For

example, if the pre and post filters are

treated as F006 waste the generator will

have to use the uniform hazardous

waste manifest; can use any transporter;

can arrange for the disposal of the filters

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28077

16Section 266.407 conditions this project on

USFRS finding a metals recovery facility and using

such facility throughout this XL Project for all

USFRS XL wastes.

at any hazardous waste facility and

depending on the volume of wastes it

generates can store the filters up to 270

days. The same generator, however,

under new subpart O would not be

required to use the manifest for the ion

exchange resin canisters but would have

to use an approved transporter; would

have to send the resin canisters to

USFRS where USFRS would arrange for

metals recovery; and would be limited

to a 90 day storage time limit, regardless

of the volume of wastes generated by the

generator. Such a dual management

system can work. However, if USFRS is

correct (i.e., that it will act as a

disincentive to certain generators) it

may be counterproductive to the

purpose and goal of this XL project.

Conversely, it may be better to subject

the filters to the special management

standards of new subpart O because it

requires metals recovery and for some

generators, may place a shorter time

period for the on-site storage of the

filters. To the extent that it is

administratively easier for a generator to

have the same management system and

requirements for essentially the same

wastes it may result in more

participants in this XL project. With

more participants EPA would expect

greater metal recovery amounts and

greater reductions in the use of potable

water and energy. For all of these

reasons EPA believes that it is

appropriate and may enhance the

success of the USFRS XL project to

include the pre and post filters in this

XL Project. EPA believes it can do this

by revising the definition of USFRS

XL001 waste to include the pre-and

post-filters and their containers. EPA

will revise this definition accordingly

and will make conforming changes in

other parts of the rules where necessary.

For example the MSDS required by

§ 266.405, the spill response

requirements of §§ 266.408 and 411, the

closure requirements of § 266.412 and

the recycling requirements of § 266.407

will be revised to reflect this change.

Comment. USFRS requested EPA to

clarify the definition of USFRS XL

waste. USFRS questioned whether the

requirement in the definition of ‘‘USFRS

XL waste’’ that limited participation to

generators who would reuse

‘‘substantially all of the treated waste

waters’’ would include processes where

up to 50% of the process waters require

use of new water in order for the

customer to operate its processes

effectively. USFRS pointed out that in

any water reuse system there is a

percent of water that is discharged

rather than being returned to the

original process (referred to as ‘‘bleed

off’’). Related to this issue USFRS

suggested that the USFRS XL project be

expanded to generators who use the ion

exchange resin system regardless of

whether they discharged the treated

waste waters or reused them in their

production process. USFRS felt that as

long as the generators were required to

send their resins to USFRS for metals

recovery—a primary benefit of this

project—there would be recovery of

metals and a reduction in the disposal

of these metals.

Response. USFRS projected that this

project would benefit the environment

by reducing the use of potable water in

the manufacturing process and

increasing the recycling of metals

contained in the manufacturing waste

waters. In the preamble to the proposed

rule, EPA solicited comment on two

related topics. First, EPA asked for data

or comments on what would be an

acceptable percent of ‘‘bleed off.’’

USFRS’ proposal at that time was

limited to those generators who reused

their treated waste waters. EPA

recognized that some bleed off would

occur. However, without data it could

not establish a numeric bench mark for

water reuse. At that time EPA believed

that a numeric benchmark would be

useful to ensure that one of the goals of

the project was obtained—i.e., reduction

in the use of potable water. Second, EPA

asked for comments on whether the

reduction in the use of potable water

was sufficient environmental benefit by

itself to warrant proceeding with the

USFRS XL project. EPA explained that

although it proposed to require the

recycling and recovery of the metals in

the sludges 16 it was not confident that

there were facilities available to

complete this task. EPA was concerned

that if USFRS was not able to find a

recycler of this waste the project would

not proceed. Consequently, there would

not be any environmental benefit from

the Project.

The USFRS XL project is a RCRA

regulatory reform initiative. One of the

major environmental benefit expected

from the USFRS XL project is a

reduction in the disposal of the

electroplating waste water treatment

sludges and an increase in the recovery

of metals from the ion exchange resin

and filters. An increase the recycling

and recovery of metals from the resins

and filters would increase the waste

disposal environmental benefits derived

from this project. During the comment

period EPA did not receive any

comment suggesting that it should

eliminate the recycling requirement. On

the contrary, the private citizen strongly

encouraged EPA to retain this

requirement. Consequently, if USFRS is

correct, allowing generators who

discharge their treated waters to

participate in this project would satisfy

this commenter and might enhance this

project’s ability to recover metals and

reduce their disposal. One method of

accomplishing this would be to revise

the definition of USFRS XL waste to

eliminate from the proposed rule the

treated water reuse requirement—

specifically, eliminate the phrase ‘‘ion

exchange resin canisters which result in

reuse of substantially all of the treated

waste waters.’’ By doing this EPA,

would also eliminate the need to

identify a benchmark amount for bleed

off and the requirement for any water reuse.

EPA recognizes that eliminating the

water re-use requirement may have an

impact on the amount of potable water

used in the manufacturing process. This

in turn may be less of an environmental

benefit than EPA originally anticipated

in the August 17, 2000 Federal Register.

However, it is unclear, at this point, that

such a negative impact will occur. It is

possible that other factors, such as

reduced local taxes for reduced water

use or discharge, may work in concert

with the rule and result in a net

reduction in the use of potable water. To

obtain an accurate assessment of the

impact of this project on water use and

re-use EPA will retain in the final rule

the reporting requirements related to

water reuse contained in the proposed

rule. U.S. EPA believes that such

information will be useful and valuable

for it to more completely assess the

overall environmental impact of this

USFRS XL project.

Comment. USFRS wanted EPA to

clarify that although its training manual

will instruct participants on how to

handle spills of USFRS XL waste it will

not relieve them of the responsibility, if

any, to have their own spill response

plans and satisfy all federal, state and

local requirements regarding training

and how to handle spills.

Response. EPA agrees with USFRS.

The applicability section of subpart O,

§ 266.400 clearly states that a

participant in this XL project is relieved

from compliance with specific RCRA

requirements. All other federal, state

and local requirements are applicable to

the participants, including spill

response and training requirements.

Comment. USFRS questioned the

manner in which it will calculate the

quantity of metals it recovers from its

generators as required in new

28078 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

17EPA, expects that the facility USFRS uses to

recycle its sludges will be able to provide actual

amounts of metals recovered. Consequently, EPA

has not changed section 266.419(a)(4).

18EPA established the post-notice and

termination process in the proposed rules in part

to avoid a concern frequently raised on an

alternative—prior notice of ownership change and

prior EPA approval. Frequently, for business

purposes, companies want to keep these changes

private until after they have occurred. Requiring

prior notice appeared to be impractical.

19 If a generator or transporter elects to terminate

its participation prior to ever generating or

transporting USFRS XL waste the rules provide a

truncated termination procedure. This procedure

does not require removal or decontamination of

USFRS XL waste since none have been generated

or transported. (See §§ 266.414 and 266.416).

20EPA does not believe it is necessary or

appropriate to modify the procedures in section

266.414(b), 266.416(b) or 266.417(d), termination of

an approved customer, approved transporter and

transporter as a result of a change in ownership. For

an approved customer and approved transporter

there are no closure requirements specified since by

definition they will never had handled USFRS XL

waste. For the transporter the ‘‘closure’’ would

consist merely of transporting the USFRS XL wastes

it has to USFRS within 30 days of the change in

ownership. This was inadvertently left out of

section 266.417(d) but is consistent with 266.417(a),

(b) and (c) and the general requirement to transport

USFRS XL wastes to USFRS within 30 days of there

receipt. (See section 266.410(a)). EPA will add this

to section 266.417(d).

§§ 266.419(a)(2) and (3). USFRS stated

that it will calculate the metals

collected/recovered for each generator

based on the initial chemical profile

analysis it performed on the generator’s

waste and the volume of resin received

for regeneration during the relevant

reporting period.

Response. EPA agrees with the

method USFRS proposes and does not

believe that a change in the rule is

needed. The rule presently states that

USFRS will report the quantity of

metals it recovers at its facility. It does

not specify a method for calculating that

quantity. EPA recognizes that the

method proposed by USFRS will

provide it with an estimate of the actual

amount of metals recovered not the

actual amount recovered that it

recovers. EPA believes that such an

estimate is sufficient given the other

data USFRS will report—amount of ion

exchange resins, other wastewater

treatment sludges and residues it

recovers from each of its generators; the

amount of water recycled by the

generators and associated treatment

costs saved by the generators; the

amount of metals it recovers at its

facility and the amount of metals

actually recovered at off-site metals

recovery facilities (see

§ 266.419(a)(4)).17

Comment. USFRS suggested that the

rules be revised to allow for continued

participation by a participant after it has

changed ownership. USFRS stated that

it was inappropriate to automatically

terminate a participant given the efforts

it has expended to enroll transporters

and generators and the time it has taken

to develop this Project. USFRS

suggested that instead of an automatic

termination there should be a review of

the participant when there is a change

in ownership.

Response. EPA agrees that new

owners of generators or transporters

may participate in this XL Project. EPA,

however, does not believe it is

appropriate or necessary to allow for a

new owner of a generator or transporter

to automatically continue participating

in this Project pending a review and

approval by EPA. EPA does believe that

the new rules should be modified to

allow for the substitution of a new

owner of USFRS and to allow EPA to

approve of a modified closure when

there is new owner generator.

The August 17, 2000 Federal Register

proposed that a company’s continued

participation in this XL Project would

terminate when it changed owners. It

did not require prior notice of the

change in ownership.18 The rules

provided the prior owners with time to

close and return to compliance with

RCRA (see §§ 266.414–418) 19. The time

periods varied depending on whether

the company was a generator,

transporter or USFRS. If a generator

changed owners the prior owner would

have to discontinue generation of

USFRS XL waste and complete the

closure requirements contained in

§ 266.412. The prior owner would have

60 days from date of the change in

ownership to disconnect its processes

from the water treatment resin process,

implement alternative treatment and

disposal, remove all USFRS XL waste

from its property and decontaminate the

any contaminated areas.

The August 17, 2000, Federal Register

proposed that generators and

transporters may be added to this XL

project at any time. Consequently, a new

owner could be added before or after the

change in ownership provided it met

the criteria for such approval and the

appropriate processes were completed.

(See §§ 266.402 and 266.403). One of the

criteria is prior approval of EPA. EPA’s

prior approval of XL participants is

important to the success of EPA’s XL

projects and this XL Project in

particular. A company must be

knowledgeable of and committed to the

XL project and the regulations

promulgated thereunder. Additionally,

it must have an exemplary

environmental compliance history.

EPA believes that USFRS suggestion

of allowing a new owner to continue

without prior EPA approval may allow

for a company which does not meet

these criteria and does not qualify to

participate. When a company changes

ownership it is unknown whether the

new owners meet these criteria.

Additionally, a number of practical

problems are presented. The new

owners may decide not to participate in

the XL project; they may decide to

change personnel, operations or

generate waste streams different from

their predecessor; or they may have to

clean-up wastes that the prior owner

left. EPA believes that these issues

should be resolved before a new owner

is added to this XL project and generates

USFRS XL waste. In instances where

these issues are quickly resolved—e.g.,

everything stays the same but for the

name of the owner—USFRS should be

able to expedite the addition of the new

owner to this XL project. Since the rules

allow for the addition of a new

generator or transporter at any time, a

new owner could apply to participate

prior to the change in ownership. This

would minimize the disruption in any

continuing operations. The advantage of

terminating the prior owner’s

participation is that it clearly delineates

the responsibility for any previously

generated USFRS XL waste. The prior

owner is responsible for closure.

EPA believes, however, that the

termination procedures should be

modified in one instance.20 According

to § 266.415(d) once there has been a

change in ownership of a generator the

prior generator has 60 days to complete

the closure requirements of § 266.412.

EPA is concerned that the rule as

proposed would not allow a new owner

to assume the prior generator’s closure

responsibilities or continue the preexisting ion exchange resin process.

This may be appropriate in certain

instances—e.g., where the new owner is

not approved or does not want to

assume those responsibilities. However,

there are other instances where it may

be environmentally better to allow the

new owner to continue the previous

process without disruption or to assume

the clean up responsibilities of the prior

owner. To strike the proper balance

between these two interests and to

provide some flexibility EPA will

change section 266.415(d) to require the

prior owner to complete closure within

60 days of the change in ownership

unless, within that time period, EPA has

approved of the new owner and EPA

has approved of any modifications the

new owner proposes to the prior

owner’s closure responsibilities. If these

approvals are not received within this

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28079

21Although Minnesota has indicated a preference

for issuing general permits under its XL statute, it

might later decide to promulgate new state RCRA

regulations and submit those to EPA for

authorization or to issue variances under its

approved RCRA program. In any case, USFRS’

RCRA permit will need to be modified.

time period the prior owner is still

responsible for completing the closure

within the 60 days.

The change in ownership of USFRS

presents a problem not previously

contemplated by EPA when it

developed the proposed rule. The rules

do not provide a mechanism or

procedure to add the new owner of

USFRS. Instead, they required USFRS to

notify EPA of the change in ownership

within 30 days of it happening and then

within 90 days to arrange for the

transition of all the USFRS XL waste

project participants to return to

compliance with RCRA. (See

§ 266.418(b)). Consequently, if USFRS

were to change ownership then this XL

Project would automatically terminate.

This would set into motion the

termination of the continued

participation of all of the generator and

transporters approved for participation

in this project. The automatic

termination of USFRS could potentially

have a significant economic and

environmental impact as a large number

of companies attempt to switch from the

ion exchange resin filter system to some

other system within the same time.

Such a consequence may be

unavoidable where there are substantive

reasons for terminating USFRS

continued participation or this XL

project—e.g. USFRS continuously

violates its permit or the project does

not demonstrate any environmental

benefit. However, in the case of a

change in ownership this is not

necessarily true. Consequently, EPA

believes that some procedure should be

established to allow for the new owner

of USFRS to continue operating this XL

Project. This would be consistent with

the RCRA permit rules which allow for

the continued operation of a permitted

facility after a change in ownership,

provided the Agency has approved of

the change in ownership. Consequently,

EPA has modified § 266.418(b) to

require USFRS to provide EPA with 90

days advance notice of any change in

ownership and to provide EPA with its

proposed revisions to the FPA if the

new owner wishes to continue this XL

Project. If EPA and the new owner are

able to agree upon and sign the

proposed revisions to the FPA within

that 90 day time frame then the new

owner may continue this XL Project. If

an agreement and signature is not

obtained within that time frame then

procedures presently in the rules for

automatic termination apply.

Comment. USFRS and MPCA

requested that EPA extend the duration

of the project to account for the time

that it will take to obtain the necessary

State, county and federal approvals.

Both entities were concerned that it may

take up to a year to obtain all of the

necessary governmental approvals. This

time will erode the five years that were

given for the duration of the project.

Response. EPA agrees that sufficient

time should be allowed for the project.

Proposed § 266.422 stated that the new

federal rules would be effective for five

years from the effective date of the final

rules. However, the preamble to the

proposed rules clearly stated that

USFRS may not implement the program

outlined in the rules until the State of

Minnesota either: (1) Receives federal

authorization for similar state rules, (2)

issues variances under its existing

federally authorized hazardous waste

program or (3) receives federal

authorization for permits it issues to

participating generators, transporters

and USFRS pursuant to the Minnesota

XL statute. Each of these options can

easily take six months, at a minimum,

to complete.

Minnesota has indicated a preference

for the latter option-using its XL statute

to develop general permits for the

generators and transporters and

modifying the existing hazardous waste

permit for USFRS. Minnesota most

likely will work on the XL permits in a

sequential manner. It will develop the

generator and transporter general

permits first and then make the changes

needed to USFRS RCRA hazardous

waste permit. It will not issue the

modifications to the USFRS RCRA

hazardous waste permit until the

generator and transporter general

permits are completed and Minnesota

has received authorization for these

permits.21 In this process the modified

USFRS RCRA hazardous waste permit is

the last element needed to make this XL

project effective in the State.

EPA anticipates that Minnesota will

need up to year to complete all the steps

needed to implement its preferred

option. Consequently, without

providing an extension to the effective

date of the proposed rule the project

will last for only four years, at most, not

the five years proposed.

Providing more time may also act as

an incentive for more generators to

participate in the USFRS XL project.

This in turn may provide USFRS and

EPA with more reliable information on

the environmental benefits derived from

the project. It may also provide EPA

with additional time to evaluate

whether the project can and should be

expanded. Consequently, EPA has

modified § 266.422 in the following two

ways to provide the full five years for

the duration of the project. EPA has

changed the effective date of subpart O

to six months after publication of the

final rule in conformance with section

6930(b) of RCRA. Second, EPA has

changed § 266.422 to indicate that the

project will run for five years from the

date that Minnesota issues a

modification to the USFRS RCRA

permit to implement this XL project.

Since the modified RCRA permit is the

last step anticipated in Minnesota’s

implementation process for this project

it is reasonable that the duration of the

project be measured from that date.

Comment. USFRS requested EPA to

amend the rules to allow it more than

30 days to pick up a generator’s XL

waste. USFRS indicated that this

requirement would effectively reduce

the 90 day storage allowed for

generators of the USFRS XL waste to 30

days. This in turn would have the

greatest impact on USFRS being able to

attract new customers located outside

the Minneapolis-St. Paul area.

Generators outside of the metropolitan

area would be most sensitive to

transportation costs. The 30 day time

limit would increase those

transportation costs since USFRS

expected that there would be more

frequent pick-ups with smaller loads. If

the time period were extended USFRS

felt that some of the expenses could be

reduced. USFRS suggested that the rule

allow it to pick-up the XL waste within

the 90 days allowed for the generator to

store the XL waste. USFRS further

suggested that it would agree that the

rule state that at no time would the XL

wastes be allowed to remain on-site for

greater than 90 days.

Response. EPA agrees with USFRS’

request and will revise § 266.410(a) and

(c) to allow it and its transporter to pick

up a generator’s USFRS XL waste within

the 90 days allowed the generator to

store the waste. The changes suggested

by USFRS are consistent with the goal

of the project and the rule and may

result in a rule which works better than

the proposed rule.

One of the goals of this project is to

increase the recycling of F006 waste. It

is reasonable to expect that the more

participants in this project the greater

the chance that this goal will be met.

Consequently, if USFRS is correct, then

USFRS may be able to maximize the

number of participants with EPA

providing a longer time period for

USFRS to pick up the wastes. EPA

selected the 30 day time period in the

proposed rule because it appeared that

28080 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

22USFRS did not request EPA to change the time

period it would take the transporter to transport the

XL wastes to its facility. Consequently, EPA will

retain the requirement in 266.410(c) that the

transporter deliver the USFRS XL waste to USFRS

within 30 days of it picking it up from a USFRS

XL waste generator.

USFRS could meet this time period. The

ultimate goal of the rule was to ensure

that there was adequate cooperation

between the project participants to

accomplish the same goal—i.e., remove

the XL waste from the generator’s

storage area prior to the expiration of

the 90 day storage limit. This goal can

be met by revising § 266.410(a) and (c)

to specify that USFRS and its

transporters will pick up a generator’s

XL waste before the 90 day storage time

limit expires on the waste.22

Comment. USFRS requested EPA to

change § 266.410(a) to allow it more

time to send a copy of the

Transportation Tracking document it

received with the shipment of XL waste

to the generator. USFRS stated that 5

days was inconsistent with its present

practice approved by the State. Namely,

USFRS mails copies of the hazardous

waste manifests to the state and the

generators once per week.

Response. EPA agrees to extend the

time from 5 days to 10 days. This is

more stringent than the 30 days allowed

under RCRA but should allow USFRS to

continue its existing practice which the

State has approved for other hazardous

waste shipments. It will also provide the

generator and USFRS sufficient time to

track any missing shipments.

Comment. USFRS requested EPA to

modify § 266.410(a) to allow it to

provide the generator’s with the

Transportation Tracking Document and

warning statement at the time the

transporter arrives at the generator to

pick-up the USFRS XL waste. USFRS

indicated that such a modification to the

rule will make the rule harmonious with

its existing system for all wastes. This

would allow it to maintain the 48 hour

response time for pick-up of its

customer’s wastes in the local area.

Response. EPA agrees to make the

change requested by USFRS in

§ 266.410(a). The proposed rule stated

that USFRS was to provide the

Transportation Tracking Document and

warning statement to the generator prior

to the transporter arriving at the

generator. The purpose of the timing

requirement was to provide the

generator with time to review the

document and make any changes that

might be necessary. This can be

accomplished if the document arrives

with the transporter. Additionally, since

the generator and the transporter are

still responsible for verifying the

accuracy of the document under

§ 266.410(b) and (c) the ultimate goal of

the rule is still achieved—i.e., accurate

transportation tracking documents.

Comment. USFRS was concerned that

it could not meet the MSDS

requirements in §§ 266.405, 266.408(g),

266.410(c) and 266.411 because its

MSDS covered the ion exchange resins

prior to use (i.e., ‘‘fresh resins’’) whereas

these rules contemplated an MSDS

which covered the resins after use (i.e.,

with contamination on them). It

proposed using another document—the

Treatment and Storage form—which

identifies the hazards associated with

the wastes and emergency response

protocols.

Response. EPA will revise § 266.405

to allow USFRS to use the MSDS or an

equivalent form which identifies the

hazards associated with the resins and

filters after use and the emergency

response protocols. This change should

allow USFRS to use its Treatment and

Storage form if it contained the requisite

information.

Comment. USFRS stated that in

certain instances the subpart O rules are

more stringent than RCRA or its routine

practices and should be revised to be

the same as RCRA (e.g.., generator

storage of USFRS XL waste limited to 90

days, regardless of the amount; storage

of the USFRS XL waste on an

impervious surface; time limits for

exiting the XL project which are

inconsistent with RCRA and notice to

more entities of a spill than just MPCA).

USFRS felt that these provisions would

make it difficult to convince potential

customers who are knowledgeable about

RCRA to participate in this program.

Response. An XL project must be

environmentally superior to the existing

regulatory program. Consequently, EPA

would anticipate that certain elements

of this XL project would be more

stringent than the RCRA regulatory

program. In developing the subpart O

rules, EPA attempted to balance the

desire to maximize the number of

participants with the need to ensure that

the project would result in superior

environmental benefits. EPA believes

that it has done that by replacing the

manifest and reporting requirements for

the generators, expanding the scope of

the program to include pre and post

filters and eliminating the treated water

re-use requirement. In exchange for

these provisions EPA believes that the

requirements identified as more

stringent are a reasonable trade off.

Comment. USFRS suggested that

§ 266.412 was incorrect based on their

understanding that it referred to

discontinuation of business not the

generator closure identified on page

50307 of the August 17, 2000 Federal

Register.

Response. EPA disagrees with USFRS.

§ 266.412 requires the generators to

complete closure at the time of

termination of the generator’s

participation in the USFRS XL project.

§ 266.415 specifies the manner in which

a generator may terminate its

participation—either voluntarily, as a

result of action EPA, MPCA or the

County Agencies, as a result of action by

USFRS or after a change in ownership.

The rule also specifies the time period

for completing closure under each of

these scenarios—it is 60 days.

Comment. USFRS and MPCA

requested EPA to commit to assisting it

in expanding this project beyond the

State of Minnesota.

Response. As a general goal EPA

agrees that expanding an XL Project to

other States and other companies may

be a desired outcome of its XL program,

if the pilot shows promise. EPA,

however, believes that it is premature

for it to make the commitment USFRS

and MPCA seek. XL Projects are

participant driven pilot projects. The

time and resources necessary to develop

a project is significant and is the

responsibility of the project sponsor.

USFRS did a good job of developing this

XL Project with the State of Minnesota

and tailoring it to the rules of that State

and its local governments. However, in

order to expand this project beyond the

State of Minnesota USFRS will need to

involve other State, local,

environmental and industry groups.

Additionally, it will need to modify the

proposal in a manner which is

consistent with each State’s authorized

hazardous waste program. For example,

USFRS’ transportation tracking

document may present certain States

with administrative issues.

To the extent this project is amenable

to expansion EPA believes that it can

make such a determination after USFRS

has implemented this project for one or

two years. After that time USFRS will

have obtained actual data on the

environmental benefits derived from

this XL project. USFRS will also have

had the opportunity to identify

improvements to the Project and to

convene the necessary stakeholder

meetings. At that time EPA will be in a

position to ascertain if this project is

capable of being expanded on a national

basis and the appropriate manner in

which to make such a change.

Comment. USFRS stated that the use

of 55 gallon steel drums to collect and

contain spills of ion exchange resins

would be inappropriate. The steel can

corrode when in contact with certain

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28081

23The resin canisters are steel but compatible

with the resins because there is a liner which

separates the resins from the steel.

resins 23 or can irreversibly foul them.

Additionally, the amount spilled may be

significantly less than 55 gallons. As an

alternative USFRS suggested that the

drum be a polycontainer compatible

with the wastes and of sufficient size to

contain the amount spilled.

Response. EPA will revise

§§ 266.408(e) and 266.411 as suggested

by USFRS.

Comment. USFRS was concerned that

§ 266.408(b) would require the

generators to store the USFRS XL wastes

in separate areas from their storage of

other wastes. USFRS believed that

simple segregation of the USFRS XL

wastes would be sufficient.

Response. EPA agrees that simple

segregation of the USFRS XL wastes

from the other wastes is sufficient. It

disagrees that § 266.408(b) requires

storage in a separate area. Storage in a

separate area within a storage area for

other wastes would be acceptable.

Comment. One individual felt that the

public participation was inadequate. He

suggested that there was not enough

‘‘non-governmental’’ stakeholders. He

said that the FPA should not be signed

until there were additional public

meetings and his client had an

opportunity to become one of the

stakeholders.

Response. Stakeholder involvement

and representation is an important

element for every XL project. It is the

responsibility of the project sponsor and

continues throughout the project—even

during implementation. EPA regrets

when any stakeholder is not able to

participate as early in the process and

as often as it would like. EPA certainly

would expect that USFRS would

include any stakeholder who wishes to

be added to this stakeholder’s group.

EPA disagrees, however, that there

was inadequate public participation and

that the FPA and rule should not be

signed. USFRS had 9 separate

stakeholder meetings. They invited and

had in attendance representatives from

industry, the environmental

community, private citizens and the

State and local governments. All of this

was done prior to EPA public noticing

the draft FPA and proposed rules on

August 17, 2000. With the August 17,

2000 Federal Register EPA invited the

public to submit comments and request

a public meeting. Requests for a public

meeting were to be made by August 24,

2000. EPA did not receive any such

requests until it received this request on

September 7, 2000. Even though this is

a late request for a public meeting EPA

has evaluated the merits of the request

and believes that an additional public

comment period or a public meeting are

unnecessary. This commenter submitted

two pages of substantive comments on

the proposed rule and draft FPA. (EPA

presents a more detailed summary and

response to these comments below). The

commenter was primarily concerned

with EPA retaining the recycling

requirement. EPA has done that.

Additionally, this commenter will

continue to have meaningful

opportunities to comment on this

project after the FPA and rule are

signed. As stated earlier, stakeholder

involvement continues after the FPA is

signed and this rule is promulgated.

That involvement will be meaningful.

Major implementation issues and

decisions still have to be completed.

Signing the FPA and new rule is just the

first step in the process. For example,

the State will have to develop the legal

mechanisms which it will use to

implement this project. Public

involvement may be useful in

completing this. Additionally, some of

the legal mechanisms the State may use

may require public participation prior to

completion of them. To the extent the

commenter is concerned that it is

precluded from participating in the

project that is not correct. The project is

structured in a manner which allows

any person who qualifies to be added to

the project as a generator or a

transporter. To the extent the

commenter is concerned that the

environmental benefits of the project

may be insufficient, any person—not

just stakeholders—may advise EPA,

USFRS, MPCA or the County Agencies

of project problems at any time. If the

problems are major and not capable of

being fixed, EPA has retained the ability

in both the FPA and rules to terminate

this project at an earlier time.

Comment. One commenter responded

to EPA’s request for comments on

whether this project should be

conditioned on USFRS’ ability to

recycle the USFRS XL wastes. The

commenter stated that the recycling

requirement must be retained. He stated

that before EPA eliminated that

requirement it needed to conduct

further studies. Those studies would

provide data on the impact of the

increased metal disposal against the

environmental benefit of a reduction in

the use of potable water. The

commenter also wanted EPA to ensure

that generators who are currently

reclaiming metals from F006 wastes

continue to do so.

Response. EPA agrees that the

recycling aspect of this Project is a

major part of it and has the potential to

yield a significant environmental

benefit. Furthermore, it appears that

there is a market for this service and

that USFRS will be able to obtain such

services. EPA has, therefore, retained

the recycling requirement.

Consequently, USFRS and participating

generators, through USFRS, will be

recycling the USFRS XL wastes.

If the project operates as USFRS

projects the amount of metals recycled

and the number of generators who

recycle metals may increase. USFRS

anticipates this would happen, in part,

as a result of its resin process collecting

more metals prior to waste water

discharge to a POTW and in part due to

companies doing waste water treatment

when they did not previously do it.

EPA disagrees with the commenter’s

suggestion that certain studies are

needed prior to EPA approving of this

project. XL projects are intended to pilot

new approaches. By their nature, some

projects will not have the data on the

actual environmental benefits a priori.

They may be used to collect the data to

substantiate the benefits anticipated.

Such projects may be used to assist EPA

in obtaining the data and experience, on

a small scale, it needs to determine

whether larger, national changes should

be made. This XL project does that. It

requires USFRS to collect and analyze

data which will allow EPA to assess the

comparative environmental benefits

derived from the use of its resin

regeneration process and the alternative

management standards imposed on

F006 wastes which are recycled. (See

§ 266.419).

Comment. The State submitted

written comments indicating that it was

uncertain of the legal mechanisms it

could use to implement the XL project.

In its written comments, due to resource

constraints and other uncertainties, it

generally disagreed with certain options

EPA outlined in the preamble to the

proposed rule. It suggested that EPA use

the FPA to incorporate their

understandings and agreement on the

implementation options to be used for

this project.

Response. EPA shares the State’s

concerns about the length of time and

resources it will need to finish the State

and, in two instances, federal

authorization proceedings to implement

the new subpart O rules. EPA also

agrees that the FPA can be used to

identify the legal options and

mechanisms the EPA and the State may

use to implement this XL Project. EPA

has revised the FPA to do that.

The FPA allows the State to chose any

of the three options EPA identified in

the preamble to the August 17, 2000,

Federal Register. In summary those

28082 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

24The preamble to the proposed rule provides

more information on the options, the rationale for

each and the steps needed to make them legally

enforceable.

options are: (1) Revise its existing

hazardous waste rules to mirror new

subpart O; (2) issue permits which

mirror the new subpart O to the project

participants using the State’s XL statute;

or (3) issue variance(s) which mirror the

new subpart O to the project

participants using the variance authority

in its existing RCRA authorized

hazardous waste program or. The first

two options require the State to submit

them to EPA for federal authorization

after they are adopted by the State.24

The State has indicated its preference

for option 2 (issuing permit(s) and

submitting an authorization

application). To expedite matters, EPA

has provided the State with guidance on

the elements of an authorization

application for option 2. EPA has also

committed in the FPA to expedite its

review of its request for authorization of

option 2. Finally, EPA has delayed the

start of the subpart O rules, and thus

this project, in a manner which will

allow USFRS to implement this XL

project for the full five years, regardless

of any delays the State or EPA may

incur in putting in place the required

legal mechanisms.

In addition to the changes already

discussed EPA modified §§ 266.401,

266.403(c), 266.414, 266.415 and

266.416. EPA made these changes on its

own initiative.

Sections 266.414–418 present the

federal procedures for termination of an

entities continued participation in this

XL Project. EPA added in §§ 266.314,

266.315 and 266.316 that the State and

County may have different procedures.

Furthermore, EPA added that it is not

bound by nor will it follow the State or

local procedures. This is true regardless

of the enforceable mechanisms the State

uses to implement this XL Project. EPA

explained this position in the preamble

to the August 17, 2000 Federal Register

and had stated it in proposed §§ 266.417

and 266.418. EPA inadvertently

excluded this language in the proposed

version of §§ 266.414, 266.415 and

266.416 and is correcting the final

version of these sections with this final

promulgation.

EPA is revising § 266.401 (definition

of USFRS XL waste final project

agreement) and § 266.403(c) to change

the name Pioneer Transport to Pioneer

Tank Lines. USFRS proposed Pioneer

Tank Lines as one of the approved

transporters for the USFRS XL waste.

EPA mistakenly identified this company

as Pioneer Transport in the proposed

rules. EPA is correcting these rules to

(§§ 266.401 and 266.403(c)) to reflect the

correct name—Pioneer Tank Lines.

The designation for the regulatory text

has been changed from subpart N,

§§ 266.300–266.322 in the proposed rule

to subpart O, §§ 266.400–266.422 in

final rule. This is due to a numbering

conflict with a simultaneously proposed

rule.

VI. Additional Information

A. What Regulatory Changes Will Be

Necessary To Implement This Project?

With the promulgation of this new

rule no further federal regulatory

changes will be needed. However, since

the state of Minnesota is authorized

under section 3006 of RCRA to

implement the federal RCRA program it

will have to complete certain steps to

provide USFRS, its generators and

transporters with the regulatory

flexibility needed to implement the

USFRS XL project. The preamble to the

proposed rule provides a detailed

discussion of the steps Minnesota can

take to implement this USFRS XL

project. The approved generators,

transporters and USFRS are subject to

the present state regulations, which do

not provide this flexibility, until such

time as new regulations are adopted by

the state of Minnesota or an equivalent

state legal mechanism is used and

authorized as part of the approved

federal hazardous waste program for

Minnesota. Therefore, conforming state

regulatory changes or legal mechanisms

must be implemented in addition to the

proposed federal changes for companies

to enter into this XL Project.

Additionally, depending on the

mechanism selected by the State of

Minnesota, EPA may have to review and

approve of the mechanism as part of the

State’s authorized hazardous waste

program.

B. Why Is EPA Supporting This New

Approach to USFRS XL Waste

Management?

EPA is supporting this new approach

because it believes that it will provide

superior environmental performance by

promoting recycling of water and

recovery and reuse of metals that would

otherwise be land disposed. USFRS and

its customers will be complying with

requirements that are as protective of

public health and the environment as

the RCRA requirements that would

otherwise be applicable. EPA also

believes that implementation of this

project will result in a significant cost

savings to the participating customers.

The success of this project will be

evaluated on an ongoing basis and will

determine whether this new approach to

waste management should be extended

to other areas of the country.

C. How Does This Rule Comply With

Executive Order 12866?

Because this rules affects only U.S.

Filter, its transporters and its customers,

it is not a rule of general applicability.

It is therefore, not subject to OMB

review and Executive Order 12866. In

addition, OMB has agreed that review of

site-specific rules under Project XL is

not necessary. Further, under Executive

Order 12866, the Agency first must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

Office of Management and Budget

(OMB) review and the requirements of

the Executive Order. The Order defines

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety in

State, local, or tribal governments or

communities; (2) Create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; (3) Materially alter the

budgetary impact of entitlement, grants,

user fees, or loan programs of the rights

and obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Because the annualized cost of this

proposed rule would be significantly

less than $100 million and would not

meet any of the other criteria specified

in the Executive Order and because this

proposed rule affects only USFRS and

its transporters and generators, it is not

a rule of general applicability or a

‘‘significant regulatory action’’ and

therefore not subject to OMB review.

Further today’s proposed rule does not

apply to any entity unless they choose

on a voluntary basis to participate in

this XL Project. Finally, OMB has agreed

that review of site specific rules under

Project XL is not necessary.

Executive Order 12866 also

encourages agencies to provide a

meaningful public comment period, and

suggests that in most cases the comment

period should be 60 days. However, in

consideration of the very limited scope

of today’s rulemaking and the

considerable public involvement in the

development of the draft FPA, the EPA

considers 30 days to be sufficient in

providing a meaningful public comment

period for today’s action.

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28083

D. Is a Regulatory Flexibility Analysis

Required?

The Regulatory Flexibility Act (RFA),

as amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

generally requires an agency to prepare

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements under the

Administrative Procedure Act or any

other statute unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Under section

605(b) of the RFA, however, if the head

of an agency certifies that a rule will not

have a significant economic impact on

a substantial number of small entities,

the statute does not require the agency

to prepare a regulatory flexibility

analysis. Pursuant to section 605(b), the

Administrator certifies that this

proposal, if promulgated, will not have

a significant economic impact on a

substantial number of small entities for

the reasons explained below.

Consequently, EPA has not prepared a

regulatory flexibility analysis.

Small entities include small

businesses, small organizations and

small governmental jurisdictions. For

purposes of assessing the impacts of

today’s proposed rule on small entities,

small entity is defined as : (1) A small

business according to RFA default

definitions for small business (based on

SBA size standards); (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.

Today’s rule amends EPA’s RCRA

Regulations to modify the handling and

reporting requirements for certain

hazardous waste generators and

transporters, as well as for USFRS.

USFRS is not a small entity. The

modifications authorized by the rule

would reduce costs to the generators to

whom it applies and those

modifications should have no impact on

costs to the transporters. EPA has

concluded, therefore, that the rule will

not have a significant economic impact

on a substantial number of small

entities.

E. Is an Information Collection Request

Required for This Project Under the

Paperwork Reduction Act?

The Office of Management and Budget

(OMB) has approved the information

collection requirements contained in

this rule under the provisions of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and has assigned OMB

control number 2010–0026.

EPA is requiring that information be

collected regarding which generators

and transporters are eligible for

regulatory flexibility under the USFRS

XL Project. Information is also needed

in order to keep generators, transporters,

USFRS, and emergency response teams

abreast of XL 001 waste, its contents,

and when it is shipped and received.

Finally information is needed to

determine whether the project produces

superior economic and environmental

benefits. The success of the project will

help determine whether it should be

extended to other areas of the country.

Participation in the project is voluntary;

however, if a generator or transporter

decides to participate, EPA requires the

filing of this information. Quarterly

reports will be publicly available. The

estimated total cost burden of collecting

the information is $240,670/year and

the estimated total length of time to

collect it is 4205 hours/year. The

estimated total number of respondents

is 91. Burden means the total time,

effort, or financial resources expended

by persons to generate, maintain, retain,

or disclose or provide information to or

for a Federal agency. This includes the

time needed to review instructions;

develop, acquire, install, and utilize

technology and systems for the purposes

of collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An Agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR Chapter

15. EPA is amending the 40 CFR part 9

table of currently approved ICR control

numbers issued by OMB for various

regulations to list the information

requirements contained in this final

rule. The table lists the CFR citations for

EPA’s reporting and recordkeeping

requirements, and the current OMB

control numbers. This listing of OMB

control numbers and their subsequent

codification in the CFR satisfy the

requirements of the Paperwork

Reduction Act and OMB’s

implementing regulations at 5 CFR part

1320.

F. Does This Project Trigger the

Requirements of the Unfunded

Mandates Reform Act?

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why the alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

As noted above, this proposed rule is

limited to USFRS and certain of its

customers and transporters. This

proposed rule would create no federal

mandate because it is a voluntary

program proposed by USFRS. Further,

EPA is imposing no enforceable duties

that are anticipated to be more

expensive or more onerous for the

parties that would exist without this

proposed rule. The rule does not change

the authorization status of the State.

Since the proposed rule is a relaxation

of the federal regulatory program, it will

not take effect until the State adopts the

28084 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

rule. The State is under no federal

obligation to adopt less stringent

requirements. EPA has also determined

that this proposed rule does not contain

a Federal mandate that may result in

expenditures of $100 million or more

for State, local, and tribal governments,

in the aggregate, or the private sector in

any one year. Thus, today’s proposed

rule is not subject to the requirements

of sections 202 and 205 of the UMRA.

EPA has also determined that this rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. Nevertheless, in

developing this proposed rule, EPA

worked closely with MPCA, Ramsey,

Hennepin, Anoka, Dakota, Carver, Scott

and Washington Counties and received

meaningful and timely input in the

development of this proposed rule.

G. How Does This Rule Comply With

Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks?

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997) applies to any rule that:

(1) Is determined to be ‘‘economically

significant,’’ as defined under Executive

Order 12866; and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

health or safety risks, such that the

analysis required under section 5–501 of

the Order has the potential to influence

the regulation. This proposed rule is not

subject to Executive Order 13045

because it is not economically

significant as defined in Executive

Order 12866 and because the Agency

does not have reason to believe the

environmental, health or safety risks

addressed by this action present a

disproportionate risk to children. The

proposed rule has no identifiable direct

impact upon the health and/or safety

risks to children and adoption of the

proposed regulatory changes would not

disproportionately affect children.

Finally, all XL projects must

demonstrate superior environmental

performance. Therefore, EPA anticipates

that the proposed rulemaking will

benefit all people, including children.

The proposed rulemaking is thus in

compliance with the intent and

requirements of the Executive Order.

H. How Does This Rule Comply With

Executive Order 13132 on Federalism?

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255), August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation.

This proposed rule does not have

federalism implications. It will not have

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. The

requirements outlined in today’s

proposed rule would apply only to the

USFRS facility and generators and

transporters of USFRS XL waste and

will not take effect unless Minnesota

chooses to adopt equivalent legal

mechanisms or requirements under state

law. Thus, the requirements of Section

6 of the Executive Order do not apply

to this rule. Although Section 6 of

Executive Order 13132 does not apply

to this rule, EPA did fully coordinate

and consult with State and local

officials in developing this rule.

I. How Does This Rule Comply With

Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments?

Tribal Governments (65 FR 67249,

November 6, 2000), requires EPA to

develop an accountable process to

ensure ‘‘meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

This final rule does not have tribal

implications. It will not have substantial

direct effects on tribal governments, on

the relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

Thus, Executive Order 13175 does not

apply to this rule.

In the spirit of Executive Order 13175,

and consistent with EPA policy to

promote communications between EPA

and tribal governments, EPA

specifically solicits additional comment

on this proposed rule from tribal

officials.

J. Does This Rule Comply With the

National Technology Transfer and

Advancement Act?

Section 12(d) of NTTAA, Public Law

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary standards. This proposed

rulemaking sets alternative handling

and paperwork requirements for certain

hazardous wastes; it does not set

technical standards. EPA is not

considering the use of any voluntary

consensus standards.

K. How Does This Rule Comply With the

Congressional Review Act?

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 804

exempts from section 801 the following

types of rules (1) rules of particular

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28085

applicability; (2) rules relating to agency

management or personnel; and (3) rules

of agency organization, procedure, or

practice that do not substantially affect

the rights or obligations of non-agency

parties. 5 U.S.C. 804(3). EPA is not

required to submit a rule report

regarding today’s action under section

801 because this rule is of particular

applicability.

List of Subjects

40 CFR Part 261

Environmental protection, Hazardous

waste, Recycling, Reporting and

recordkeeping requirements.

40 CFR Part 266

Environmental protection, Hazardous

waste, Recycling, Reporting and

recordkeeping requirements.

Dated: May 3, 2001.

Christine Todd Whitman,

Administrator.

For the reasons set forth in the

preamble, parts 261 and 266 of Chapter

I of title 40 of the Code of Federal

Regulations are amended as follows:

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

1. The authority citation for part 261

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,

6922, 6924(y) and 6938.

Subpart A—General

2. Section 261.6 is amended by

revising paragraph (a)(2) introductory

text and by adding paragraph (a)(2)(v) to

read as follows:

§ 261.6 Requirements for recyclable

materials.

(a) * * *

(2) The following recyclable materials

are not subject to the requirements of

this section but are regulated under

subparts C through O of part 266 of this

chapter and all applicable provisions in

parts 270 and 124 of this chapter:

* * * * *

(v) U.S. Filter Recovery Services XL

waste (subpart O).

* * * * *

PART 266—STANDARDS FOR THE

MANAGEMENT OF SPECIFIC

HAZARDOUS WASTES AND SPECIFIC

TYPES OF HAZARDOUS WASTE

MANAGEMENT FACILITIES

1. The authority citation for part 266

continues to read as follows:

Authority: 42 U.S.C. 6905, 6906, 6912,

6922–6925, 6934 and 6937.

2. Part 266 is amended by adding a

new subpart O to reads as follows:

Subpart O—Standards Applicable to

U.S. Filter Recovery Services XL Waste

and U.S. Filter Recovery Services, Inc.

Sec.

266.400 Purpose, scope, and applicability.

266.401 Definitions.

266.402 Procedures for adding persons as

generators to EPA’s USFRS XL Project.

266.403 Procedures for adding persons as

transporters to EPA’s USFRS XL Project.

266.404 USFRS requirements related to the

development, use and content of USFRS

XL Waste Training Module.

266.405 USFRS requirements relative to the

development, use and content of USFRS

XL Waste MSDS.

266.406 Waste characterization.

266.407 USFRS XL Waste Identification,

handling, and Recycling.

266.408 Accumulation and storage prior to

off-site transport.

266.409 USFRS XL waste transporter pretransport requirements.

266.410 USFRS XL Waste Transport and

Transportation Tracking Document.

266.411 Release of USFRS XL waste during

transport.

266.412 USFRS XL Waste Generator

Closure.

266.413 USFRS XL waste generator

requirements to maintain alternate

treatment or disposal capacity.

266.414 Termination of a USFRS XL waste

approved customer’s participation in the

USFRS XL Project.

266.415 Termination of a USFRS XL waste

generator’s participation in the USFRS

XL Project.

266.416 Termination of a USFRS XL waste

approved transporter’s participation in

the USFRS XL Project.

266.417 Termination of a USFRS XL waste

transporter’s participation in the USFRS

XL Project.

266.418 Termination of USFRS’

participation in this XL Project.

266.419 USFRS Recordkeeping and

reporting requirements.

266.420 USFRS XL waste generator

recordkeeping and reporting

requirement.

266.421 USFRS XL waste transporter

recordkeeping and reporting

requirement.

266.422 Effective Date and Duration of the

project.

§ 266.400 Purpose, scope, and

applicability.

The purpose of this subpart is to

implement the U.S. Filter Recovery

Services (USFRS) eXcellence in

Leadership (XL) Project. Any person

who is a USFRS XL waste generator or

transporter must handle the USFRS XL

waste in accordance with the

requirements contained within this

subpart. The standards and

requirements of this subpart also apply

to USFRS and its facility located at 2430

Rose Place, Roseville, Minnesota. These

requirements are imposed on USFRS in

addition to any requirements contained

in its RCRA hazardous waste permit or

other applicable state or federal law.

USFRS XL waste generators and

transporters are not required to comply

with the requirements of 40 CFR 261.5,

parts 262 through 266 (except this

subpart O), parts 268, 270, 273 and 279

provided they manage USFRS XL waste

in compliance with the requirements of

this subpart O.

§ 266.401 Definitions.

County Environmental Agencies or

County Agencies means the counties of

Anoka, Carver, Dakota, Hennepin,

Ramsey, Scott or Washington in

Minnesota.

USFRS means U.S. Filter Recovery

Services, Inc. whose principal place of

business for the purposes of these rules

is 2430 Rose Place, Roseville,

Minnesota.

USFRS XL Waste means one or more

USFRS used water treatment resin

canisters and their contents, any

associated USFRS pre- or post-resin

filters and their containers and their

contents from a USFRS XL waste

generator located within the State of

Minnesota. USFRS XL waste includes

the ion exchange resins, the associated

pre- and post-resin filters, wastes

contained on or within the ion exchange

resins and filters and any other wastes

contained within the water treatment

resin canisters and filter containers.

USFRS XL waste also includes spills of

XL waste which are handled in

accordance with the requirements in

this subpart. This definition does not

include wastes that were generated prior

to the date a generator is added to this

USFRS XL Project. USFRS XL waste

shall be identified by the waste code

XL001.

USFRS XL Waste Application Form

means the form approved by EPA and

Minnesota Pollution Control Agency

(MPCA) as part of the USFRS XL Waste

Project or subsequently modified by

USFRS and approved by EPA and

MPCA and used for characterization of

the chemical constituents of a person’s

USFRS XL waste. The USFRS XL Waste

Application Form shall include all

attachments by USFRS or the applicant,

including but not limited to, the USFRS

Site Engineering Form, Systems

Engineering Form and any waste

analysis.

USFRS XL Waste Approved Customer

means only those persons located in

Minnesota who have properly identified

their wastes and processes on the

USFRS XL waste application form; have

not been excluded by EPA, MPCA or the

County Agencies from participation in

28086 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

the USFRS XL waste project; have

signed the USFRS XL waste Final

Project Agreement (FPA); have certified

that they have read and understand the

USFRS XL waste training module; and

have not generated USFRS XL wastes.

USFRS XL waste approved

transporter means a transporter located

within the State of Minnesota who has

a satisfactory safety rating from the

United States Department of

Transportation (USDOT) in the last year;

has not been excluded by EPA, MPCA

or the County Agencies from

participation in the USFRS XL waste

project; has signed the USFRS XL waste

FPA; and has signed a certification that

it has been trained by USFRS on the

proper handling of USFRS XL wastes

and understands its responsibilities

under this subpart.

USFRS XL Waste Facility or USFRS

Facility means the U.S. Filter Recovery

Service, Inc. operations located at 2430

Rose Place, Roseville, Minnesota.

USFRS XL Waste Final Project

Agreement (FPA) means the agreement

signed by USFRS, EPA, MPCA, the

counties of Anoka, Carver, Dakota,

Hennepin, Ramsey, Scott and

Washington in Minnesota, Pioneer Tank

Lines and USFRS XL waste customers,

generators and transporters. The FPA

may be modified to add or delete

participants, subject to the approval of

EPA and MPCA. The FPA was signed by

EPA, USFRS and MPCA on September

21, 2000.

USFRS XL Waste Generator means a

USFRS XL waste approved customer

who generates or generated USFRS XL

waste.

USFRS XL Waste Project, USFRS XL

Project or XL Project means the program

identified in the Final Project

Agreement and this part for the

generation, transportation and

subsequent treatment, storage and

disposal of USFRS XL waste.

USFRS XL waste training module

means the recorded training program

approved by EPA and MPCA as part of

the USFRS XL Waste Project or

subsequently modified by USFRS and

approved by EPA and MPCA and

developed by USFRS for the purpose of

informing USFRS XL waste approved

customers, generators and transporters

of the special requirements imposed on

them by this part and the proper method

of handling USFRS XL wastes.

USFRS XL Waste Transportation

Tracking Document means the

Transportation Tracking Document

developed by USFRS which was

approved by EPA and the MPCA as part

of the USFRS XL Waste Project or

subsequently modified by USFRS and

approved by EPA and MPCA; and used

when USFRS XL waste is transported

off-site from a generator.

USFRS XL Waste Transporter means

USFRS or a USFRS XL waste approved

transporter who transports USFRS XL

waste.

§ 266.402 Procedures for adding persons

as generators to EPA’s USFRS XL Project.

(a) Any person who wishes to

participate in the USFRS XL Project as

a generator must obtain the approval of

the EPA and the Minnesota Pollution

Control Agency (MPCA). The approval

of the County Agency is also required if

that person will generate USFRS XL

waste at a location in the counties of

Anoka, Carver, Dakota, Hennepin,

Ramsey, Scott or Washington,

Minnesota. The procedures identified in

this subpart are to be followed to obtain

EPA approval to add a person to the

federal USFRS XL Project. USFRS and

a proposed generator must also comply

with the procedures identified by the

MPCA, and appropriate County

Agencies. A person may not be added to

the federal USFRS XL Project unless it

has the approval of EPA, MPCA and as

appropriate the County Agencies.

(b) USFRS is the only entity which

may propose to add a person as a

generator to the USFRS XL Project.

USFRS may propose to EPA to add

persons to the USFRS XL Project at any

time provided, USFRS complies with

the requirements of this section. Prior to

being considered a USFRS XL waste

generator, a person must first be

approved as a USFRS XL waste

approved customer. Only a USFRS XL

waste approved customer may become a

USFRS XL waste generator. A person

becomes a USFRS XL waste generator

after it first generates or causes USFRS

XL waste to be regulated.

(c) USFRS will conduct a preliminary

evaluation of any person it wishes to

propose to EPA to add to the USFRS XL

Project as a generator. USFRS will

complete this preliminary evaluation

prior to proposing to EPA to add such

a person to the USFRS XL Project. The

preliminary evaluation will consist of

the following activities: USFRS will

require any person who wishes to

become a USFRS XL waste generator to

complete and sign the USFRS XL Waste

Application Form; USFRS will complete

the waste characterization required by

40 CFR 266.406(b); USFRS will evaluate

the person’s storage area for the USFRS

XL waste to determine whether it meets

the standards of this subpart O; and

USFRS will provide the person with a

copy of the USFRS XL waste MSDS,

FPA and training module.

(d) After successfully completing the

activities identified in paragraph (c) of

this section, USFRS will provide EPA

with the name and such other

information as the Agency may require

to determine if a person may participate

in the USFRS XL Project as a generator.

USFRS will propose for inclusion into

the USFRS XL Project only those

person(s) whose wastes are compatible

with the ion exchange resin process and

canisters and whose storage area meets

the standards in this subpart O. EPA’s

approval shall be effective within

twenty one days of EPA’s receipt of

USFRS’s written notice proposing to

add a person to the USFRS XL Project

unless EPA, within that time period,

provides USFRS with a written notice

rejecting such person.

(e) After securing the approval of

EPA, MPCA and the County Agencies,

USFRS shall notify the person it

proposed to add to the USFRS XL

Project in writing that it is approved for

participation in the USFRS XL Project.

USFRS will assign to that person a

unique client number and waste profile

number for each waste stream approved

for this XL project. USFRS will obtain

from that person a copy of the signed

USFRS XL waste FPA and a certification

that it has read and agrees to follow the

USFRS XL waste training module.

USFRS shall also ensure that as part of

this certification the approved customer

identifies its contact person as required

by 40 CFR 266.408(h). Upon request by

EPA, USFRS will provide EPA with a

copy of the signed documents or other

documents it requests.

(f) USFRS will accept USFRS XL

waste only from those persons who have

received the approval of EPA, MPCA

and, as appropriate, the County

Agencies and who have signed the

USFRS XL Project FPA and the

certification identified in paragraph (e)

of this section. A person’s participation

in this USFRS XL Project is effective

after EPA, MPCA and, as appropriate,

the County Agency approve of them and

on the date that USFRS receives the

signed USFRS XL waste FPA and

certification. At that time the person is

a USFRS XL waste approved customer.

A USFRS XL waste approved customer

becomes a USFRS XL waste generator

when it first generates or causes USFRS

XL wastes to be regulated. A USFRS XL

waste generator must handle all USFRS

XL wastes generated after the effective

date of it being added to the USFRS XL

Project in accordance with the

provisions of this subpart O. USFRS XL

waste that is generated prior to this date

is not subject to this subpart O and it

must be handled according to the

appropriate hazardous waste

characterization for that waste, (e.g..

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28087

F006 and any other applicable waste

code).

(g) USFRS will require a USFRS XL

waste approved customer and generator

to update the USFRS XL waste

application form prior to it adding to or

modifying the waste streams or

processes it identified on its initial

USFRS XL waste application form.

USFRS will notify EPA, MPCA and as

appropriate, the County Agencies

whenever a customer or generator

notifies USFRS that it has or will add or

modify waste streams or processes. EPA

will notify USFRS if any further EPA

approvals are required.

§ 266.403 Procedures for adding persons

as transporters to EPA’s USFRS XL Project.

(a) Any person who wishes to

participate in the USFRS XL Project as

a transporter must obtain the approval

of the EPA and the MPCA. The approval

of the County Agencies is also required

if that person’s principal place of

business is located in the counties of

Anoka, Carver, Dakota, Hennepin,

Ramsey, Scott or Washington. The

procedures identified in this subpart are

to be followed to obtain EPA approval

to add a person as a transporter to the

federal USFRS XL Project. USFRS and

a proposed transporter must also

comply with the procedures identified

by the MPCA, and as appropriate the

County Agencies. A person may not be

added to the federal USFRS XL Project

unless it has received the approval of

EPA, MPCA and as appropriate the

County Agencies.

(b) USFRS is the only entity which

may propose to EPA to add a person as

a transporter to the USFRS XL Project.

(c) USFRS and Pioneer Tank Lines are

approved USFRS XL waste transporters.

USFRS may propose to EPA to add

other persons as USFRS XL waste

transporters provided USFRS complies

with the requirements of this section.

USFRS will conduct a preliminary

evaluation of any person who it

proposes to add as a USFRS XL waste

transporter. As part of that preliminary

evaluation USFRS will ascertain

whether the transporter has a valid EPA

identification number, a valid

Minnesota hazardous materials

registration (‘‘Minnesota registration’’)

and a satisfactory safety rating from

USDOT within the last year.

(d) After successfully completing the

activities identified in paragraph (c) in

this section USFRS will provide EPA

with the name of the transporter, the

unique USFRS client identification

number for the transporter, the results of

its preliminary evaluation identified in

paragraph (c) and other information as

EPA may require to determine if that

person may participate in the USFRS XL

Project. USFRS will propose for

inclusion into the USFRS XL Project

only those person(s) who have a

satisfactory safety rating from USDOT.

EPA’s approval shall be effective within

twenty one days of its receipt of

USFRS’s written notice proposing to

add a person to the USFRS XL Project

unless EPA, within that time period,

provides USFRS with a written notice

rejecting such person.

(e) After receiving the approval of

EPA, MPCA and as appropriate the

County Agencies USFRS shall notify the

person in writing that it is approved for

participation in the USFRS XL Project.

USFRS will obtain from that person a

copy of the signed USFRS XL waste

FPA and a certification that it has been

trained by USFRS on the proper

handling of USFRS XL wastes and

understands its responsibilities under

this subpart O.

(f) USFRS will allow only USFRS XL

approved transporters to transport

USFRS XL wastes. A person’s

participation in this USFRS XL Project

is effective after it receives the approval

of EPA, MPCA and the County

Agencies, as appropriate, and on the

date that USFRS receives the signed

USFRS XL waste FPA and certification.

A USFRS XL waste approved

transporter becomes a USFRS XL waste

transporter when it first transports or

accepts for transport USFRS XL waste.

(g) USFRS will require a USFRS XL

waste approved transporter or USFRS

XL waste transporter to notify it of any

change in its rating from USDOT, its

Minnesota registration or its EPA

identification number. USFRS will

notify EPA, MPCA and, the appropriate

County Agencies in writing of any such

changes. EPA will notify USFRS in

writing of any additional information or

steps that may be required as a result of

such changes.

§ 266.404 USFRS requirements related to

the development, use and content of

USFRS XL Waste Training Module.

(a) USFRS will develop, implement

and maintain a USFRS XL Waste

Training Module. USFRS will provide

this training module to every person

who applies for participation in the

USFRS XL Project. USFRS may use any

recorded communication media that is

appropriate for communicating the

requirements of this subpart (e.g.,

printed brochures, videos, etc.).

(b) The Training Module will, at a

minimum, identify the hazards

presented by the USFRS XL waste: for

generators, explain how to handle the

installation and replacement of the ion

exchange resin canisters and the preand post-resin filters; and explain the

requirements imposed on the generator

or transporter pursuant to this part.

(c) USFRS shall submit this training

module to EPA for approval prior to

accepting the first shipment of USFRS

XL wastes.

§ 266.405 USFRS requirements relative to

the development, use and content of

USFRS XL Waste MSDS.

USFRS will develop a USFRS XL

waste material safety data sheet (MSDS)

or similar document which meets the

requirements of this subpart. USFRS

will provide a copy of the USFRS XL

waste MSDS to every person who

applies for participation in the USFRS

XL Project. USFRS will ensure that the

USFRS XL waste MSDS prominently

instructs individuals in the proper

handling and emergency response

procedures for spills or leaks of the

USFRS XL wastes.

§ 266.406 Waste characterization.

(a) Submission of USFRS XL Waste

Application Form by USFRS XL Waste

Generator. A person who proposes to

participate in the USFRS XL Project as

a generator of USFRS XL wastes must

properly identify the wastes and

processes which contribute to the

production of the USFRS XL waste at its

company. For the purposes of this

subpart O it shall identify only those

waste streams which meet the F006

listing and shall identify them on the

USFRS XL waste application form. It

shall complete and submit to USFRS the

USFRS XL Waste Application Form. It

shall update and submit to USFRS the

XL Waste Application prior to changing

any process which contributes to the

USFRS XL waste it generates.

(b) USFRS Waste Profile Analyses. For

any person which USFRS proposes to

add to the USFRS XL Project as a

generator, USFRS will perform a waste

profile analysis of the waste stream(s)

and process(es) which will contribute to

the USFRS XL waste at that company.

USFRS will update such analyses

whenever a USFRS XL waste generator

notifies USFRS of a change or

modification to its waste stream or

process contributing to its USFRS XL

waste. USFRS will include in the waste

profile analysis a complete chemical

analysis of the waste stream(s) and a

determination of its compatibility with

the ion exchange resin process, canisters

and filters. USFRS shall complete such

analysis in accordance with the testing

methods identified in the waste analysis

plan contained within its RCRA

hazardous waste permit. USFRS shall

assign to each generator a unique

28088 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

customer identification number and

waste profile number.

§ 266.407 USFRS XL waste identification,

handling, and recycling.

(a) USFRS XL waste will be denoted

by the hazard waste code XL001 while

it is handled by the USFRS XL waste

generator or transporter. At the USFRS

facility, the USFRS XL waste will be

denoted by the waste code(s) it would

have had at the generator but for its

characterization as USFRS XL waste

(i.e., F006 and any other applicable

characteristic waste code). USFRS and

others who may receive residuals from

the USFRS XL waste will handle the

USFRS XL waste and residuals

according to the wastes code(s) it would

have had at the generator (i.e., F006 and

the appropriate characteristic hazardous

waste code) and not according to the

XL001 designation. USFRS shall handle

the USFRS XL waste at its facility in

accordance with its State issued RCRA

hazardous waste permit and any

applicable federal requirements.

(b) USFRS may not accept any

customers into this Project unless and

until it has arranged for recycling of the

metals contained in the XL001 wastes it

receives. USFRS shall continue to

recycle the metals contained in the

XL001 waste it receives throughout the

duration of the XL Project.

(c) USFRS shall identify a spill

response coordinator at its facility. This

person shall be responsible for

coordinating the proper response to any

spill, leaks or emergencies of USFRS XL

wastes at the generator or during

transport. He will also be responsible for

receiving the calls from the generators

and transporters required by this

subpart O for such spills, leaks or

emergencies.

§ 266.408 Accumulation and storage prior

to off-site transport.

A USFRS waste generator may store

its USFRS XL waste on-site for less than

90 days, provided it complies with the

following:

(a) Condition and use of containers.

Except as provided in paragraph (e) of

this section, the USFRS waste generator

it will store the USFRS XL waste in the

USFRS water treatment resin canisters

and filter containers. At the time it

places the resin canister or filter

containers in storage it will ensure that

the water treatment resin canisters and

filter containers are disconnected from

any processes and are sealed. It will

ensure that the USFRS XL wastes are

not mixed with other solid wastes. It

will affix to the resin canisters and filter

containers a warning statement

containing the information presented in

paragraph (c) of this section.

(b) Condition of storage area. It will

store the USFRS XL waste on an

impervious surface. The USFRS waste

generator will store the USFRS XL waste

separately from other wastes or

materials and will ensure that there is

adequate aisle space to determine the

condition of the USFRS XL waste and

to notice and respond to any leaks of

USFRS XL waste.

(c) Pre-transport requirements. It will

place the following warning statement

prominently on the USFRS XL waste:

XL001 wastes–USFRS ion exchange

resin process wastes—Federal Law

Prohibits Improper Disposal. This is

USFRS XL waste from (insert XL waste

generator’s name). Handle as a

hazardous waste and ship only to

USFRS located at 2430 Rose Place,

Roseville, MN. This waste was placed in

this container on (date) and placed in

storage at (insert USFRS XL waste

generator’s name) on (insert date). If

found, contact USFRS and the nearest

police, public safety authority, EPA or

MPCA. The USFRS telephone number is

(insert phone number). USFRS

Transportation Tracking Document

Number_____ If spilled immediately

contain the spill and prevent it from

going into any water body; collect the

spilled material and place in an

appropriately sized polycontainer;

contact USFRS and the nearest police,

public safety authority, EPA or MPCA.

(d) Inspections. The USFRS waste

generator will inspect the condition of

the USFRS XL waste weekly while it is

in storage at its company. It will

maintain a log of these inspections. The

log will indicate the date the USFRS XL

waste was placed in storage, the

condition of the water treatment resin

canister and filter containers at that

time, the date(s) of the inspection, the

person conducting the inspection, and

the condition of the water treatment

resin canisters and the filter containers

and the storage area at the time of the

inspection.

(e) Response to spills or leaks. The

USFRS waste generator will

immediately contain and collect any

spill or leak of USFRS XL wastes. It will

orally notify USFRS, and the duty

officer at MPCA (Non-metro: 1–800–

422–0798; Metro: 651–649–5451) within

24 hours of discovery of the spill or

leak. It will place any spilled or leaked

materials in an appropriately sized

polycontainer and comply with the

requirements of paragraphs (a) through

(c) of this section. It will arrange with

USFRS for the disposal of that spilled or

leaked material with the next shipment

of USFRS XL wastes from its company.

If allowed by the local POTW it may

discharge any leaked or spilled water to

its permitted drainage system.

Otherwise, such wasters will be sent to

USFRS.

(f) Decontamination of storage area.

The USFRS waste generator will

decontaminate all areas, equipment or

soils used for or contaminated with

USFRS XL waste no later than the dates

provided in section §§ 266.412, 266.414

and 266.415.

(g) USFRS XL Waste MSDS. It shall

maintain and exhibit in a prominent

location the USFRS XL Waste MSDS. It

shall provide a copy of the USFRS XL

waste MSDS to all local entities

responsible for responding to releases of

hazardous materials or wastes, (e.g.,

local police and fire departments,

hospitals, etc.). It shall retain

documentation of its efforts to comply

with this paragraph (g).

(h) Contact person. No later than the

date that it signs the FPA it will

designate to USFRS a person who is

responsible for handling its USFRS XL

waste and its compliance with this

subpart. That person shall complete

training for the proper handling of

USFRS XL waste and shall certify that

he has read and understands the

requirements imposed by this subpart O

and the USFRS XL waste training

module. That person shall also be

responsible for responding to spills or

leaks at the generator.

(i) Communication devices. It shall

have an operating communication

device (e.g., telephone, alarm, etc.)

which allows the contact person to

notify the appropriate state, local and

federal officials and local hospitals and

company personnel in case of an

emergency.

§ 266.409 USFRS XL waste transporter

pre-transport requirements.

A USFRS XL waste transporter will

ensure that the USFRS XL waste is

within an approved container which

prominently displays the following

warning statement: XL001 wastes—

USFRS ion exchange resin process

wastes—Federal Law Prohibits

Improper Disposal. This is USFRS XL

waste from (insert XL waste generator’s

name). Handle as a hazardous waste and

ship only to USFRS located at 2430

Rose Place, Roseville, MN. This waste

was placed in this container on (date)

and placed in storage at (insert USFRS

XL waste generator’s name) on (insert

date). If found, contact USFRS and the

nearest police, public safety authority,

MPCA or EPA. The USFRS telephone

number is (insert phone number).

USFRS Transportation Tracking

Document Numberlllll. If spilled

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28089

immediately contain the spill and

prevent it from going into any water

body; collect the spilled material and

place in an appropriately sized

polycontainer; contact USFRS and the

nearest police, public safety authority,

EPA or MPCA.

§ 266.410 USFRS XL Waste Transport and

Transportation Tracking Document.

A USFRS XL Transportation Tracking

Document and USFRS XL Waste MSDS

will accompany every shipment of

USFRS XL waste from a USFRS XL

waste generator off-site. Each resin

canister and filter container will have

the warning statement required by

§§ 266.408(c) and 266.409 affixed to it.

USFRS, and the USFRS XL waste

generator and transporter shall comply

with the following requirements:

(a) USFRS. USFRS will require each

USFRS XL waste generator to contact

USFRS to arrange for the transportation

of the USFRS XL waste. USFRS will

contact and use only USFRS XL waste

transporters to transport the USFRS XL

waste. USFRS will require that the

USFRS XL waste transporter pick up the

generator’s USFRS XL waste prior to the

expiration of the storage time limit

provided to the generator pursuant to

§ 266.408. USFRS will complete and

send to the USFRS XL waste generator

the USFRS XL waste Transportation

Tracking Document and warning

statement identified in §§ 266.408(c)

and 266.409. USFRS will ensure that the

generator receives these documents by

the time the transporter arrives at the

generator. USFRS will include on the

Transportation Tracking Document all

information EPA determines is required

to comply with this subpart O. USFRS

will direct the USFRS XL waste

transporter to ship the USFRS XL waste

to its facility at 2430 Rose Place,

Roseville, Minnesota within 30 days of

its pick-up from a USFRS XL waste

generator. If a shipment is not received

within 30 days, USFRS will contact the

transporter to determine the disposition

of the load. If USFRS does not receive

the shipment within 5 days of its

scheduled arrival date, it will notify

EPA, MPCA, the USFRS XL generator

and as appropriate the County Agencies.

USFRS will send a copy of the

Transportation Tracking Document to

the USFRS XL waste generator within

10 days of USFRS’ receipt of the XL001

waste from the transporter.

(b) USFRS XL waste generators. A

USFRS XL waste generator must contact

USFRS for the off-site transport,

treatment, storage or disposal of USFRS

XL wastes. A USFRS waste generator

will use only a USFRS XL waste

transporter to transport the USFRS XL

waste to the USFRS Roseville,

Minnesota facility located at 2430 Rose

Place. It must verify the accuracy of the

USFRS XL Waste Transportation

Tracking Document and warning

statement, make any corrections to them

that are necessary and sign the

Transportation Tracking Document. It

must affix the warning statement to each

resin canister and filter container and

provide a copy of the USFRS XL Waste

Transportation Tracking Document and

USFRS XL waste MSDS to the USFRS

XL waste transporter at the time it

provides the transporter with the

USFRS XL waste.

(c) USFRS XL waste transporter. A

USFRS XL waste transporter shall verify

the accuracy of the information

contained on the USFRS XL Waste

Transportation Tracking Document and

on the warning statement. It shall sign

and date the USFRS Transportation

Tracking Document for each shipment

of USFRS XL waste it transports and

carry it with each shipment that it

carries. It shall carry the USFRS XL

waste MSDS with each shipment. It

shall pick up each shipment of USFRS

XL waste prior to the expiration of the

storage time limit provided the

generator pursuant to § 266.408. It shall

deliver each shipment of USFRS XL

waste to the USFRS Roseville,

Minnesota facility located at 2430 Rose

Place within 30 days of it being pickedup at a USFRS XL waste generator. A

USFRS transporter may store USFRS XL

waste for no more than 10 days at a

transfer facility without being subject to

regulation under 40 CFR parts 264, 265,

268 and 270 for the storage of those

wastes.

§ 266.411 Releases of USFRS XL waste

during transport.

In the event of a release of USFRS XL

waste during transportation, a USFRS

XL waste transporter must take

appropriate immediate action to protect

human health and the environment,

including preventing the spilled

material from entering a water system or

a water body. The USFRS XL waste

transporter also must comply with the

provisions of 40 CFR 263.31. The

USFRS XL waste transporter will

contact USFRS and the nearest police,

public safety authority, EPA or MPCA,

provide any emergency responder with

a copy of the USFRS XL waste MSDS,

handle the spilled material in

accordance with the USFRS XL waste

MSDS and the direction of any

governmental entity charged with

emergency response authority and

transport any spilled USFRS XL waste

and contaminated soils or equipment to

the USFRS facility located at 2430 Rose

Place, Roseville, Minnesota in a

appropriately sized polycontainer.

§ 266.412 USFRS XL waste generator

closure.

(a) Generator responsibilities. At the

time of termination of a USFRS XL

generator’s participation in the USFRS

XL Project, the USFRS XL waste

generator will disconnect its process(es)

from the water treatment resin canisters

and filter containers; implement the

alternative treatment or disposal

required by § 266.413; arrange for the

transport to USFRS of all USFRS XL

waste that it has in storage;

decontaminate any contamination

resulting from the storage or handling of

USFRS XL waste; and document its

efforts to comply with this closure

requirement.

(b) USFRS responsibilities. Prior to

termination of a USFRS XL waste

generator’s participation in the USFRS

XL Waste Project USFRS will remove all

of the USFRS XL waste in the

generator’s storage area. USFRS will

inspect the USFRS XL waste generator

to determine if all USFRS XL wastes

have been removed and to document the

condition of the USFRS XL waste

storage area. USFRS will provide a

written summary to the customer, EPA,

MPCA and as appropriate the County

Agencies of its evaluation pursuant to

this paragraph (b).

§ 266.413 USFRS XL waste generator

requirements to maintain alternate

treatment or disposal capacity.

During the period that it is

participating in the USFRS XL waste

Project, a USFRS XL waste generator

shall maintain the ability to legally treat

or dispose of its process wastes

contributing to the USFRS XL waste by

methods other than through

transportation and treatment to USFRS’

Roseville, Minnesota facility. A USFRS

XL waste generator may use this

alternative treatment or disposal method

only after its participation in this XL

Project has been terminated.

§ 266.414 Termination of a USFRS XL

waste approved customer’s participation in

the USFRS XL Project.

The provisions in this section apply

to a USFRS XL waste approved

customer who has not yet generated

USFRS XL waste. If a USFRS XL waste

approved customer has generated or

first caused to be regulated USFRS XL

waste, then it is a USFRS XL waste

generator and must comply with the

termination provisions contained in

§ 266.415. The following procedures are

to be followed to terminate a person’s

participation in the federal USFRS XL

Project. MPCA or the County Agencies

28090 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

may have their own procedures for

terminating the participation of a person

from their version of this federal USFRS

XL Project. EPA is not bound by and

will not follow those State or County

procedures to terminate a person’s

continued participation in this USFRS

XL Project. A USFRS waste approved

customer’s participation in the USFRS

XL Project will terminate when the

USFRS XL Project ends. It may

terminate earlier either voluntarily,

upon changes in ownership, upon

notice by USFRS, EPA, MPCA or the

appropriate County Agency.

(a) Termination by the USFRS XL

waste approved customer. A USFRS XL

waste approved customer may terminate

its participation in the USFRS XL

Project at any time prior to its first

generating USFRS XL wastes. The

USFRS XL waste approved customer

will provide 5 days written notice to

USFRS, EPA, MPCA and as appropriate

the County Agencies its desire to

terminate its in the USFRS XL Project.

No further action is required by such

USFRS XL waste approved customer.

(b) Change in ownership. A USFRS

XL waste approved customer’s

participation will be automatically

terminated upon a change in ownership.

A USFRS XL waste approved customer

must notify USFRS, EPA, MPCA and as

appropriate the County Agencies within

5 days of a change in its ownership.

(c) Termination by EPA, MPCA,

County Agency or USFRS. If EPA or

USFRS propose to terminate a USFRS

XL waste approved customer they shall

provide it with 5 days written notice. If

MPCA or the County Agency propose to

terminate such person they shall follow

their own procedures and provide EPA

and USFRS with the results of such

proceedings. If MPCA or the County

Agency terminates such person’s

participation in the federal USFRS XL

Project, such person will be

automatically terminated without

further proceedings under this subpart

O.

§ 266.415 Termination of a USFRS XL

waste generator’s participation in the

USFRS XL Project.

The procedures identified in this

section are to be followed to terminate

a waste generator’s participation in the

federal USFRS XL Project. MPCA or the

County Agencies may have their own

procedures for terminating the

participation of a person from their

version of this federal USFRS XL

Project. EPA is not bound by and will

not follow those State or County

procedures to terminate a person’s

continued participation in this USFRS

XL Project. A USFRS waste generator’s

participation in the USFRS XL Project

may terminate when the USFRS XL

Project ends. It may also terminate

either voluntarily, upon changes in

ownership, upon notice by USFRS,

EPA, MPCA or the County Agency or at

the termination of this subpart O.

(a) Termination by the USFRS XL

waste generator. The USFRS XL waste

generator will provide 60 days written

notice to USFRS, EPA, MPCA and the

County Agencies of its desire to

discontinue participation in the USFRS

XL Project. Within the 60 days the

USFRS XL waste generator shall

accomplish the closure required by

§ 266.412.

(b) Termination by EPA, MPCA or the

County Agency. EPA, MPCA or the

County Agency may terminate a USFRS

XL waste generator’s participation. If

EPA proposes to terminate such

person’s participation then it will

provide the generator with written

notice. EPA retains the right to

terminate a USFRS XL waste generator’s

participation in the USFRS XL Project if

the USFRS XL waste generator is in

non-compliance with the requirements

of this subpart. In the event of

termination by EPA, EPA will provide

USFRS, the USFRS XL waste generator,

MPCA, and as appropriate the County

Agencies with 15 days written notice of

its intent to terminate a generator’s

continued participation in the USFRS

XL Project. During this period, which

commences on receipt of the notice to

terminate by the generator, the generator

will have the opportunity to come back

into compliance or to provide a written

explanation as to why it was not in

compliance and how it intends to return

to compliance. If, upon review of the

written explanation EPA re-issues a

written notice terminating the generator

from this XL Project the generator shall

close in accordance with § 266.412. The

USFRS XL waste generator shall

complete the closure and comply with

§ 266.412 within sixty days of EPA’s reissuance of the notice of termination. If

MPCA or the County Agency propose to

terminate such person they shall follow

their own procedures and provide EPA

and USFRS with the results of such

proceedings. If MPCA or the County

Agency terminates such person’s

participation in the federal USFRS XL

Project, that person’s participation will

be automatically terminated without

further proceedings under this subpart

and such person must comply with the

closure requirements contained in

§ 266.412.

(c) Termination by USFRS. USFRS

may terminate a USFRS XL waste

generator’s participation in the USFRS

XL Project only after providing 60 days

written notice to the generator, EPA,

MPCA and the county agency. Within

this time USFRS will arrange for the

transport to its facility of the USFRS XL

waste in storage. Additionally, USFRS

will inspect the USFRS XL waste

generator in accordance with

§ 266.412(b).

(d) Termination as a result of changes

in ownership. A USFRS XL waste

generator will provide written notice to

USFRS, EPA, MPCA and as appropriate

the County Agencies of a change in its

ownership. It will provide such notice

within 10 days of the change in

ownership. Within the 60 days of the

change in ownership the USFRS XL

waste generator shall accomplish the

closure required by § 266.412 unless,

within that time period, EPA has

approved of the new owner and EPA

has approved of any modifications the

new owner proposes to the prior

owner’s closure responsibilities. If these

approvals are not received within this

time period the prior owner is still

responsible for completing the closure

within the 60 days.

§ 266.416 Termination of a USFRS XL

waste approved transporter’s participation

in the USFRS XL Project.

The provisions in this section apply

to a USFRS XL waste approved

transporter who has not transported or

accepted for transport USFRS XL waste.

If a USFRS XL waste approved

transporter has transported or accepted

for transport USFRS XL waste it is a

USFRS XL waste transporter and must

comply with the termination provisions

contained in § 266.417. The procedures

identified in this section are to be

followed to terminate a person’s

participation in the federal USFRS XL

Project. MPCA or the County Agencies

may have their own procedures for

terminating the participation of a person

from their version of this federal USFRS

XL Project. EPA is not bound by and

will not follow those State or County

procedures to terminate a person’s

continued participation in this USFRS

XL Project. A USFRS waste approved

transporter’s participation in the USFRS

XL Project will terminate when the

USFRS XL Project ends. It may also

terminate earlier either voluntarily,

upon changes in ownership, upon

notice by USFRS, EPA, MPCA or the

County Agency.

(a) Termination by the USFRS XL

waste approved transporter. A USFRS

XL waste approved transporter may

terminate its participation in the USFRS

XL Project at any time prior to its first

transporting or accepting for transport

USFRS XL wastes. The USFRS XL waste

approved transporter will provide 5

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28091

days written notice to USFRS, EPA,

MPCA, and as appropriate the County

Agencies of its desire to terminate its

participation in the USFRS XL Project.

No further action is required by such

USFRS XL waste approved transporter.

(b) Change in ownership. A USFRS

XL waste approved transporter will be

automatically terminated upon a change

in ownership. A USFRS XL waste

approved transporter must notify

USFRS, EPA, MPCA and as appropriate

the County Agencies within 5 days of a

change in its ownership.

(c) Termination by EPA, MPCA, the

County Agencies or USFRS. EPA,

MPCA, the County Agencies and USFRS

may also terminate a USFRS XL waste

approved transporter’s participation in

the USFRS XL. If EPA or USFRS

propose such termination they will

provide the transporter, each other,

MPCA and the appropriate County

Agencies with 5 days written notice.

§ 266.417 Termination of a USFRS XL

waste transporter’s participation in the

USFRS XL Project.

The procedures identified in this

section are to be followed to terminate

a person’s participation in the federal

USFRS XL Project. MPCA or the County

Agencies may have their own

procedures for terminating the

participation of a person from their

version of this federal USFRS XL

Project. EPA is not bound by and will

not follow those State or County

procedures to terminate a person’s

continued participation in this USFRS

XL Project. A USFRS waste transporter’s

participation in the USFRS XL Project

will terminate when the USFRS XL

Project ends. It may terminate earlier

either voluntarily, upon a change in

ownership of the transporter, upon

notice by USFRS, EPA, MPCA or the

County Agencies or at the termination of

this subpart O.

(a) Termination by the USFRS XL

waste transporter—voluntary and

changes in ownership. The USFRS XL

waste transporter will provide 10 days

written notice to USFRS, EPA, MPCA

and as appropriate the County Agencies

of its desire to terminate its

participation in the USFRS XL Project

or of a change in ownership. Within 30

days of that notice the USFRS XL waste

transporter will ensure that all of its

shipments of USFRS XL waste are

delivered to the USFRS facility.

(b) Termination by EPA, MPCA or the

County Agencies. EPA, MPCA or the

County Agencies may terminate a

USFRS XL waste transporter’s

participation in the USFRS XL Project.

If MPCA or the County Agency propose

to terminate such person they shall

follow their own procedures and

provide EPA and USFRS with the

results of such proceedings. If MPCA or

the County Agency does terminate such

person’s participation, such person’s

participation in the federal USFRS XL

Project will be automatically terminated

without further proceedings under this

subpart and the transporter shall ensure

that all shipments of XL waste are

delivered to the USFRS facility within

30 days of notice of termination. If EPA

proposes to terminate a transporter’s

participation in the USFRS XL Project

EPA will provide such person, MPCA,

the County Agency and USFRS with a

30 days written notice prior to

terminating such person’s participation

in the USFRS XL Project. EPA retains

the right to terminate a USFRS XL waste

transporters participation in the USFRS

XL Project if the USFRS XL waste

transporter is not in compliance with

the requirements of this subpart O.

During this period, which commences

on receipt of the notice by the

transporter, the USFRS XL waste

transporter will have the opportunity to

come back into compliance or to

provide a written explanation as to why

it was not in compliance and how it

intends to return to compliance. If, upon

review of the written explanation EPA

re-issues a written notice terminating

the USFRS XL waste transporter from

this XL Project the USFRS XL waste

transporter shall ensure that all

shipments of USFRS XL waste are

delivered to the USFRS facility within

30 days of such re-issued notice.

(c) Termination by USFRS. USFRS

may terminate a USFRS XL waste

transporter’s participation in the USFRS

XL Project only after providing 30 days

written notice to the transporter, EPA,

MPCA and as appropriate the County

Agencies. Within this time USFRS will

arrange for the transport to its facility of

the USFRS XL waste in the possession

of the USFRS XL waste transporter.

(d) Change in ownership. A USFRS

XL waste transporter will be

automatically terminated upon a change

in ownership. A USFRS XL waste

transporter must notify USFRS, EPA,

the County Agencies and MPCA within

5 days of a change in its ownership.

Within 30 days of its notice of change

of ownership the USFRS XL waste

transporter shall ensure that all

shipments of USFRS XL waste in its

possession are delivered to the USFRS

facility.

§ 266.418 Termination of USFRS’

participation in this XL Project.

The procedures identified in this

section are to be followed to terminate

USFRS’ participation in the federal

USFRS XL Project. MPCA or the County

Agencies may have their own

procedures for terminating USFRS’

participation from their version of this

federal USFRS XL Project. EPA is not

bound by and will not follow those

State or County procedures to terminate

USFRS’ continued participation in this

USFRS XL Project. USFRS’ participation

in the USFRS XL Project will terminate

when the USFRS XL project ends. It

may terminate earlier either voluntarily,

upon a change in ownership of USFRS,

upon notice of EPA, MPCA or as

appropriate the County Agency. The

USFRS XL Waste Project is terminated

if USFRS’ participation is terminated,

unless there is a change in ownership of

USFRS and EPA, MPCA and the County

Agencies have approved the new

owner’s continuation in the USFRS XL

project as provided in paragraph (b) of

this section. In such an instance USFRS

must supply EPA, MPCA and the

County Agencies with a proposed

schedule for transitioning all USFRS XL

Project participants to compliance with

the RCRA requirements within 120 days

of a notice to terminate pursuant to this

section.

(a) USFRS’ termination of its

participation in this XL Project—

voluntary termination. USFRS will

provide written notice to all USFRS XL

Project participants (e.g., USFRS XL

waste approved customers and

approved transporters, USFRS XL waste

generators and transporters), EPA,

MPCA and the County Agencies of its

desire to terminate its participation in

the USFRS XL Project (‘‘voluntary

termination’’) USFRS will provide its

notice of voluntary termination 120

days prior to the date it proposes to

terminate this XL Project. Within this

120 days USFRS will arrange for the

transition of it and the USFRS XL waste

Project participants to return to

compliance with the RCRA

requirements. During this time all

USFRS XL Project participants will

complete all closure activities required

by § 266.412.

(b) Termination as a result in a

change of ownership of USFRS. USFRS

will provide written notice to EPA,

MPCA and the County Agencies of any

change in ownership of USFRS. USFRS

will provide this notice 90 days prior to

a change in ownership. At that time, if

the new owner wishes to continue the

USFRS XL waste Project it will submit

any revisions it proposes to make to the

FPA to add itself to the USFRS XL waste

project. If EPA and the new owner are

able to agree upon and sign the

proposed revisions to the FPA within

that time frame then the new owner may

continue the USFRS XL Project. If an

28092 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

agreement and signature is not obtained

within that time frame, the USFRS XL

Project will be terminated. If it does not

obtain that approval or does not wish to

continue the USFRS XL Project then

USFRS will arrange for the transition of

all USFRS XL waste Project participants

to return to compliance with the RCRA

requirements within 120 days of the

change in ownership. All USFRS XL

waste Project participants will complete

all closure activities required by

§ 266.412.

(c) EPA or MPCA termination of the

USFRS XL Project. EPA or MPCA may

terminate this XL Project after providing

written notice to USFRS. EPA retains

the right to terminate this XL Project if:

(1) USFRS is in non-compliance with

the requirements of this subpart;

(2) This Project does not provide

superior environmental benefit; or,

(3) If there is repeated noncompliance by USFRS XL waste

generators or transporters.

(d) In the event of termination by

EPA, EPA will provide USFRS, MPCA

and the County Agencies with 30 days

written notice of its intent to terminate

this XL Project. During this period,

which commences on receipt of the

notice by USFRS, USFRS will have the

opportunity to come back into

compliance, to provide a written

explanation as to why it was not in

compliance and how it intends to return

to compliance or otherwise respond to

the reasons for EPA’s proposed

termination. If, upon review of the

written explanation EPA re-issues a

written notice terminating this XL

Project then USFRS shall submit to EPA

within 30 days of its receipt of the reissued notice its plan for transitioning

all USFRS XL waste Project participants

to compliance with the RCRA

requirements. This transition plan shall

contain a proposed schedule which

accomplishes compliance with RCRA

within 120 days of EPA’s re-issued

written notice.

§ 266.419 USFRS recordkeeping and

reporting requirements.

(a) Annual reporting. USFRS will

provide an annual report, on October 1,

on all USFRS XL wastes. It will provide

the information separately for each

USFRS XL waste generator. The annual

report, at a minimum, will include:

(1) An identification of each USFRS

XL waste generator who sent USFRS XL

wastes to USFRS; the quantity of XL

waste that USFRS received from each

USFRS XL waste generator during the

calendar year and a certification by

USFRS that those USFRS XL wastes

were treated and recycled at USFRS in

accordance with this subpart O;

(2) The amount of water recycled by

the generators, the pretreatment

chemicals and energy the generators did

not use as a result of participating in

this USFRS XL Project, the amount of

water discharged to the local POTW

before and during this project, the

amount of sludge recovered by USFRS

before and during this project, the

amount of sludge recovered as opposed

to disposed of by a generator (if the

generator disposed of the sludge prior to

participating in this project), the

quantity of material (ion exchange

resins, filters, other wastewater

treatment sludge, residues) collected

from each facility (monthly), the

frequency of resin canister and filter

replacement in terms of process volume,

the constituents in the material (ion

exchange resins, filters, other

wastewater treatment sludge, residues)

collected at each facility (e.g.,

recoverable metals, contaminants/nonrecoverable materials); and constituents

in the material (ion exchange resins,

filters, other wastewater treatment

sludge, residues) disposed by each

facility (e.g., contaminants/nonrecoverable material).

(3) Quantity of material (ion exchange

resins, filters, other wastewater

treatment sludge, residues) to be

processed from the XL waste at the

USFRS Roseville facility, quantity of the

metals recovered from the XL waste at

the USFRS Roseville facility, the

constituents of the recovered material

(ion exchange resins, filters, other

wastewater treatment sludge, residues

from the XL waste), quantity and

constituents of the non-recoverable

material from the XL waste (ion

exchange resins, filters, other

wastewater treatment sludge, residues),

and how it was disposed of; and

(4) The quantity of each metal

recovered at each metals reclamation

facility it uses for this Project.

(b) Quarterly reporting. USFRS will

submit a quarterly report to EPA, MPCA

and the County Agencies on October 1,

January 1, April 1 and July 1 which will

include:

(1) Sufficient information for EPA to

determine the amount of superior

environmental benefit resulting from

this project. That report will, at a

minimum, contain information which

includes, but is not limited to: the

volume of water and waste collected

and recycled; the amount of metals

recycled; the volume of recycled

material sold to others; data regarding

the management of the ion exchange

canisters and filter containers; the

constituents of the sludge; and

information regarding how the sludge

and residues are managed;

(2) Financial information related to

the costs and savings realized as a result

of implementation of this project.

(i) USFRS will collect baseline and XL

costs. The baseline costs shall be

calculated using two scenarios:

(A) Typical expenses (including any

hazardous waste taxes) of the generator

(prior to the XL Project) for pretreating

and disposing effluent wastewater

under the applicable Clean Water Act

requirements and the costs for

manifesting, transporting and disposing

of F006 sludges; and

(B) Typical expenses of the generator

that would be incurred if waste were

recycled in compliance with RCRA and

requirements for manifesting and

transportation of those hazardous

wastes (including tax obligations under

both scenarios).

(ii) The XL costs will include the

costs to the generator for completing the

Transportation Tracking Document, the

transportation costs for XL wastes, the

generator’s cost to install the ion

exchange canisters and filter containers,

any other costs the generator incurs

such as cleaning up any spills, payment

of hazardous waste taxes, etc., the cost

to USFRS of metals reclamation off-site

(including costs associated with

transportation or disposal). USFRS will

compare the baseline costs to the XL

costs and provide an analysis of

whether the project is resulting in cost

savings for generators and which

aspects of the XL Project produce any

savings. USFRS will also submit any of

the information required in paragraphs

(b)(2)(i)(A) and (B) of this section upon

request by EPA, MPCA or the County

Agency;

(3) A list of all USFRS XL Waste

Approved Customers and Generators.

USFRS shall include on that list the

customer and generator’s name, a

summary of the results of the USFRS

waste characterization of the customer

and generator’s waste stream(s) and

process(es), the customer’s and

generator’s process waste streams

approved for participation in the USFRS

XL Waste Project, the unique client

number USFRS has assigned to the

customer and generator and its waste

stream, the date of USFRS notice to EPA

and MPCA proposing to add the

customer and generator to the USFRS

XL Project; the date on which USFRS

notified the customer that it is approved

for participation in this USFRS XL

Project; and the date USFRS received

the signed FPA and certification from

the customer or generator. The list shall

also contain the date of any notice of

termination, and if there is a

termination, the date on which USFRS

recovered all of its USFRS XL wastes

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28093

from the generator and the date USFRS

conducted its visual evaluation of the

condition of the USFRS XL waste

storage areas and notice of compliance

with § 266.412. USFRS will update its

waste customer and generator list when

new customers and generators have

been approved by EPA, MPCA and the

County Agencies or when a customer or

generator has been terminated from this

XL Project; and

(4) A list of all USFRS XL Waste

Approved Transporters. USFRS shall

include on this list the transporter’s

unique USFRS client number, the

transporter’s name, and if available,

EPA identification number and its

Minnesota registration number, the date

of USFRS notice to EPA and MPCA

proposing to add the transporter to the

USFRS XL Project; the date on which

USFRS notified the transporter that it is

a USFRS XL Waste Approved

Transporter; and the date on which it

received the signed USFRS XL waste

FPA and certification. The list shall also

contain the date of any notice of

termination, and if there is a

termination, the date on which USFRS

recovered all of its USFRS XL wastes

from the transporter. This USFRS XL

waste transporter list may be modified

upon approval of EPA and MPCA.

(c) Recordkeeping. USFRS will retain

for three years a copy of USFRS XL

waste application forms, and

correspondence with each USFRS XL

waste approved customer and generator;

records of any spill or leak notifications

it receives; records of its compliance

with this subpart O; and the USFRS XL

waste Transportation Tracking

Document for each shipment from a

USFRS XL waste generator.

§ 266.420 USFRS XL waste generator

recordkeeping and reporting requirement.

A USFRS XL waste generator will

retain for three years a copy of the

USFRS XL Waste FPA, with all

appropriate signatures; its USFRS XL

waste certification; its log of weekly

inspections required by § 266.408(d); its

record of any notification of spills or

leaks of its USFRS XL wastes required

by § 266.408(e); its compliance with the

training and facility contact

requirements of § 266.408(h); a copy of

the signed Transportation Tracking

Document for USFRS XL waste it

generated; and documentation of its

compliance with § 266.412.

§ 266.421 USFRS XL waste transporter

recordkeeping and reporting requirement.

A USFRS XL waste transporter will

retain for three years a copy of the

USFRS XL Waste FPA, with all

appropriate signatures; its USFRS XL

waste certification; a copy of the signed

Transportation Tracking Document for

USFRS XL waste it transported; and its

record of any notification of spills or

leaks of its USFRS XL wastes required

by § 266.411

§ 266.422 Effective date and duration of

the project.

This subpart O is effective from

November 23, 2001 until five years after

the State of Minnesota modifies the

USFRS RCRA hazardous waste permit

to incorporate USFRS’ duties under this

subpart O.

[FR Doc. 01–11671 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6965–2]

National Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule; deletion of the

Gulf Coast Vacuum Services Superfund

Site from the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region 6 is publishing a

direct final rule of deletion of the Gulf

Coast Vacuum Services Superfund Site

(Site), located in Vermilion Parish,

Louisiana from the National Priorities

List (NPL). The NPL, promulgated

pursuant to section 105, 42 U.S.C.

9605(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA) of 1980, as amended, is found

at appendix B of 40 CFR part 300 of the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP). This

direct final rule of deletion is being

published by the EPA with the

concurrence of the State of Louisiana,

through the Louisiana Department of

Environmental Quality (LDEQ), because

the EPA has determined that all

appropriate response actions under

CERCLA have been completed and,

therefore, further remedial action

pursuant to CERCLA is not appropriate.

DATES: This direct final rule of deletion

will be effective July 23, 2001 unless the

EPA receives adverse comments by June

21, 2001. If adverse comments are

received, the EPA will publish a timely

withdrawal of the direct final rule of

deletion in the Federal Register

informing the public that the deletion

will not take effect.

ADDRESSES: Comments may be mailed

to: Ms. Beverly Negri, Community

Involvement Coordinator (6SF–PO),

U.S. EPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202–2733, (214) 665–

8157 or 1–800–533–3508.

Comprehensive information about the

Site is available for viewing and copying

at the Site information repositories

located at: U.S. EPA Region 6 Library,

Suite 12D13, 1445 Ross Avenue, Dallas,

Texas 75202–2733, (214) 665–6524,

Monday through Friday 7:30 a.m. to

4:30 p.m.; Vermilion Parish Library, 200

North Magdalen Square, Abbeville,

Louisiana, 75011, (318) 893–2674,

Monday and Thursday 9:00 a.m. to 8:00

p.m., Tuesday, Wednesday, and Friday

9:00 a.m. to 5:30 p.m., and Saturday

9:00 a.m. to 1:00 p.m.; and Louisiana

Department of Environmental Quality,

7290 Bluebonnet Road, Baton Rouge,

Louisiana 70809, (225) 765–0487,

Monday through Friday 8:00 a.m. to

4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mrs.

Katrina Coltrain, Remedial Project

Manager (6SF–LP), U.S. EPA Region 6,

1445 Ross Avenue, Dallas, Texas 75202–

2733, (214) 665–8143 or 1–800–533–

3508.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

I. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Site Deletion

V. Deletion Action

I. Introduction

EPA Region 6 is publishing this Direct

Final Notice of Deletion of the Gulf

Coast Vacuum Services Superfund Site

from the NPL.

The EPA identifies sites that appear to

present a significant risk to public

health or the environment and

maintains the NPL as the list of those

sites. As described in § 300.425(e)(3) of

the NCP, sites deleted from the NPL

remain eligible for remedial actions, if

conditions at a deleted site warrant such

action.

Because the EPA considers this action

to be noncontroversial and routine, the

EPA is taking it without prior

publication of a notice of intent to

delete. This action will be effective July

23, 2001 unless the EPA receives

adverse comments by June 21, 2001 on

this rule. If adverse comments are

received within the 30-day public

comment period on this rule, the EPA

will publish a timely Withdrawal of this

Direct Final Rule of Deletion before the

effective date of the deletion, and said

deletion will not take effect. The EPA