[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Proposed Rules]
[Pages 51696-51705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17364]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRL-7961-4]


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

AGENCY: The Environmental Protection Agency (the EPA).

ACTION: Proposed rule and request for comment.

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SUMMARY: The EPA is proposing to grant a petition submitted by Saturn 
Corporation (Saturn) to exclude or ``delist'' wastewater treatment 
plant (WWTP) sludge generated from conversion coating on aluminum at 
Saturn's integrated automotive assembly facility located at 100 Saturn 
Parkway in Spring Hill, Tennessee, from the requirements of the 
hazardous waste regulations under the Resource Conservation and 
Recovery Act (RCRA). This exclusion would be valid only when the sludge 
is disposed of in a Subtitle D landfill that is permitted, licensed, or 
registered by a state to manage industrial solid waste. The EPA used 
the Delisting Risk Assessment Software (DRAS) in the evaluation of the 
potential impact of the petitioned waste on human health and the 
environment.
    The EPA bases its proposed decision to grant the petition based on 
an evaluation of waste-specific information provided by Saturn. This 
proposed decision, if finalized, conditionally excludes the petitioned 
waste from the requirements of the RCRA hazardous waste regulations.
    If finalized, the EPA would conclude that Saturn's petitioned waste 
is nonhazardous with respect to the original listing criteria and that 
there are no other factors that would cause the waste to be hazardous.

DATES: The EPA will accept public comments on this proposed decision 
until October 17, 2005. The EPA will stamp comments received after the 
close of the comment period as late. These late comments may not be 
considered in formulating a final decision. Any person may request a 
hearing on this proposed decision by filing a request to EPA by 
September 15, 2005. The request must contain the information prescribed 
in 40 CFR 260.20(d).

ADDRESSES: Please send three copies of your comments. You should send 
two copies to the Chief, North Section, RCRA Enforcement and Compliance 
Branch, Waste Division, U.S. Environmental Protection Agency Region 4, 
Sam Nunn Atlanta Federal Center, 61 Forsyth Street S.W., Atlanta, 
Georgia, 30303. You should also send one copy to Mike Apple, Director, 
Division of Solid Waste Management, Tennessee Department of Environment 
and Conservation, 5th Floor, L&C Tower, 401 Church Street, Nashville, 
Tennessee, 37243-1535. You should identify your comments at the top 
with this regulatory docket number: R4DLP-0502-Saturn. You may submit 
your comments electronically to Kristin Lippert at 
<a href="/cdn-cgi/l/email-protection#e2ae8b9292879096cca9908b91968b8ca2879283cc858d94"><span class="__cf_email__" data-cfemail="b0fcd9c0c0d5c2c49efbc2d9c3c4d9def0d5c0d19ed7dfc6">[email protected]</span></a>.
    You should address requests for a hearing to Narindar M. Kumar, 
Chief, RCRA Enforcement and Compliance Branch, Waste Division, U.S. 
Environmental Protection Agency

[[Page 51697]]

Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., 
Atlanta, Georgia 30303.

FOR FURTHER INFORMATION CONTACT: For general and technical information 
about this final rule, contact Kristin Lippert, North Enforcement and 
Compliance Section, (Mail Code 4WD-RCRA), RCRA Enforcement and 
Compliance Branch, U.S. Environmental Protection Agency, Region 4, Sam 
Nunn Atlanta Federal Center, 61 Forsyth Street S.W., Atlanta, Georgia 
30303 or call (404) 562-8605.

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

I. Background
    A. What is EPA's list of hazardous wastes?
    B. What is a delisting petition, and what does it require of a 
petitioner?
    C. What regulations allow a waste to be delisted?
    D. What factors must the EPA consider in deciding whether to 
grant a delisting petition?
II. Saturn's Petition To Delist Its Waste
    A. What waste did Saturn petition EPA to delist?
    B. How is the petitioned waste generated?
    C. What information did Saturn submit in support of its 
petition?
III. EPA's Evaluation of Saturn's Petition
    A. How did the EPA evaluate the information submitted?
    B. What did the EPA conclude about this waste?
    C. What other factors did the EPA consider in its evaluation?
IV. Proposal To Delist WWTP Sludge From Saturn's Automobile Assembly 
Facility
    A. What action is EPA proposing?
    B. What are the terms for disposal of Saturn' s WWTP sludge 
pursuant to this exclusion?
    C. With what conditions must Saturn comply for its WWTP sludge 
to be delisted?
    D. What are the maximum allowable concentrations of hazardous 
constituents in the waste?
    E. What happens if Saturn is unable to meet the terms and 
conditions of this delisting?
V. Public Comments
    A. How may interested parties submit comments?
    B. How may interested parties review the docket or obtain copies 
of the proposed exclusion?
VI. Regulatory Impact
VII. Regulatory Flexibility Act
VIII. Paperwork Reduction Act
IX. Unfunded Mandates Reform Act
X. Executive Order 13045
XI. Executive Order 13084
XII. National Technology Transfer and Advancements Act
XIII. Executive Order 13132 Federalism

I. Background

A. What Is EPA's List of Hazardous Wastes?

    The EPA published an amended list of hazardous wastes from 
nonspecific and specific sources on January 16, 1981, as part of its 
final and interim final regulations implementing Section 3001 of RCRA. 
The EPA has amended this list several times and published it in Title 
40 Code of Federal Regulations (40 CFR) 261.31 and 261.32. The wastes 
are listed as hazardous because: (1) They typically and frequently 
exhibit one or more of the characteristics of hazardous wastes 
identified in Subpart C of Part 261 (ignitability, corrosivity, 
reactivity, and toxicity) or (2) they meet the criteria for listing 
contained in 40 CFR 261.11(a)(2) or (a)(3).
    Individual waste streams may vary, however, depending on raw 
materials, industrial processes, and other factors. Thus, a specific 
waste from an individual facility meeting the listing description may 
not be hazardous. For this reason, 40 CFR 260.20 and 260.22 provide an 
exclusion procedure, called delisting, which allows persons to prove 
that the EPA should not regulate a specific waste from a particular 
generating facility as a hazardous waste.

B. What Is a Delisting Petition, and What Does It Require of a 
Petitioner?

    A delisting petition is a request from a facility to the EPA or an 
authorized State to exclude waste from the list of hazardous wastes 
pursuant to RCRA. The facility petitions the EPA because it does not 
consider the wastes hazardous under RCRA regulations. In a delisting 
petition, the petitioner must show that the waste, generated at a 
particular facility, does not meet any of the criteria for which EPA 
listed the waste as set forth in 40 CFR 261.11 and the background 
documents for the listed waste. In addition, a petitioner must 
demonstrate pursuant to 40 CFR 260.22 that the waste does not exhibit 
any of the hazardous waste characteristics (ignitability, reactivity, 
corrosivity, and toxicity) and must present sufficient information for 
the EPA to decide whether factors other than those for which the waste 
was listed warrant retaining it as a hazardous waste (see 40 CFR 
260.22, 42 U.S.C. 6921(f), and the background documents for the listed 
waste).
    Generators remain obligated under RCRA to confirm that their waste 
remains nonhazardous based on the hazardous waste characteristics even 
if the EPA has ``delisted'' the waste.

C. What Regulations Allow a Waste To Be Delisted?

    Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), a generator may 
petition the EPA to remove its waste from the lists of hazardous wastes 
contained in 40 CFR 261.31 and 261.32. Specifically, 40 CFR 260.20 
allows any person to petition the Administrator to modify or revoke any 
provisions of Parts 260 through 266, 268, and 273 of 40 CFR.

D. What Factors Must the EPA Consider in Deciding Whether To Grant a 
Delisting Petition?

    Besides considering the criteria in 40 CFR 260.22(a) and Section 
3001(f) of RCRA, 42 U.S.C. 6921(f), and information in the background 
documents for the listed waste, the EPA must consider any factors 
(including additional constituents) other than those for which the EPA 
listed the waste if a reasonable basis exists that the additional 
factors could cause the waste to be hazardous.
    The EPA must also consider as hazardous waste mixtures containing 
listed hazardous wastes and wastes derived from treating, storing, or 
disposing of listed hazardous waste (see 40 CFR 261.3(a)(2)(iii) and 
(iv) and (c)(2)(i), called the ``mixture'' and ``derived-from'' rules, 
respectively). These wastes are also eligible for exclusion and remain 
hazardous wastes until excluded (see 66 FR 27266, May 16, 2001).

II. Saturn's Petition To Delist Its Waste

A. What Waste Did Saturn Petition the EPA To Delist?

    On December 13, 2004, Saturn petitioned the EPA to exclude its 
dewatered WWTP sludge generated at its facility in Spring Hill, 
Tennessee, from the lists of hazardous waste contained in 40 CFR 261.31 
and 261.32. The WWTP sludge (EPA Hazardous Waste No. F019) is generated 
by treating wastewater resulting from the chemical conversion coating 
of aluminum. In its petition, Saturn requested that the EPA grant an 
exclusion for 3,000 cubic yards per calendar year of dewatered WWTP 
sludge.

B. How Is the Petitioned Waste Generated?

    Saturn is an integrated automobile production facility located in 
Spring Hill, Tennessee. Wastewater at the Saturn facility is generated 
from various manufacturing and assembly processes and includes oily 
wastewater from cooling and cutting operations associated with engine 
manufacturing, rinse waters and overflows from the

[[Page 51698]]

zinc phosphating and electrocoating processes, and wash water from 
paint spray booth operations. The process used to treat wastewater 
generated from the manufacturing and assembly operations consists of a 
complex system of primary and secondary pretreatment processes and 
controls. The process produces a sludge from the treatment of soluble 
metals in wastewater by equalization, pH adjustment, chemical 
treatment, and metals precipitation. The sludge is subsequently 
dewatered in a plate and frame filter press before it is transported 
off-site for disposal.
    The production process at the Saturn facility includes the 
application of an aluminum sound-deadening patch to some production 
vehicles. Possible future changes to be made in the manufacturing 
process, which will not significantly affect the characteristics of the 
WWTP sludge, could involve the use of aluminum body components (and 
modification to the phosphate bath) in addition to the current steel 
components.
    The conversion coating process is not regulated by RCRA when 
applied to steel but when aluminum components are incorporated into the 
automobile bodies, the WWTP sludge becomes regulated as RCRA hazardous 
waste F019. While the sludge may meet the definition of F019, the 
original listing of WWTP sludge from the conversion coating on aluminum 
was not based on a zinc phosphating process, and the addition of 
aluminum components on the automobile bodies does not introduce any 
constituents of concern into the sludge. However, before a waste can be 
delisted, the petitioner must demonstrate that there are no hazardous 
constituents in the sludge from other operations in the plant or other 
factors that might cause the waste to be hazardous.
    The 40 CFR part 261 Appendix VIII hazardous constituents for which 
EPA listed F019 hazardous wastes as hazardous include hexavalent 
chromium and cyanide (complexed). The chemical conversion coating 
process performed by Saturn is a phosphating process that does not 
utilize materials containing salts of chromium or cyanide. Therefore, 
the WWTP sludge generated by Saturn would not contain the constituents 
for which F019 was listed as generated from its chemical conversion 
coating process.

C. What Information Did Saturn Submit in Support of Its Petition?

    In support of its petition Saturn has submitted laboratory analysis 
of its WWTP sludge. The laboratory analysis submitted includes the 
following: (1) Analysis performed on samples of its dewatered WWTP 
sludge taken and analyzed by EPA: (2) analysis of the dewatered WWTP 
sludge performed by Saturn on split samples provided to the facility by 
EPA and (3) analysis of the dewatered WWTP sludge performed by Saturn 
on samples taken by the facility.
    The analysis performed by Saturn on the split samples of the WWTP 
sludge provided to the facility by EPA was submitted for laboratory 
testing for the entire 40 CFR Part 264 Appendix IX constituent list 
(including volatile organic compounds (VOCs), semi-volatile organic 
compounds (SVOCs), metals, and PCBs) and hexavalent chromium, TCLP 
metals, cyanide, and total solids. Based on the laboratory data, data 
validation results, and Saturn's communications with the EPA, Saturn 
prepared a Sampling and Analysis Plan which was submitted to the EPA 
and approved.
    In accordance with the approved Sampling and Analysis Plan and to 
support its petition, Saturn collected additional WWTP sludge samples 
for laboratory testing. The samples were collected from six roll-off 
containers representing waste generated at Saturn over a seven-week 
period. The samples were analyzed as follows: (1) Samples for VOC 
analyses (total and TCLP) were collected from six roll-off containers. 
The first sample was analyzed for the 40 CFR part 264 Appendix IX VOC 
constituent list (total and TCLP). VOCs (total and TCLP) detected in 
the first sample were tested in the samples collected from the second 
through the sixth roll-off containers. (2) Samples from the six roll-
off containers were analyzed for total and TCLP bis(2-
ethylhexyl)phthalate. (3) Samples from the six roll-off containers were 
analyzed for total and TCLP metals (antimony, arsenic, barium, 
beryllium, chromium, cobalt, copper, lead, mercury, nickel, thallium, 
tin, vanadium, and zinc) and for hexavalent chromium. (4) Samples from 
the six roll-off containers were analyzed for corrosivity, total and 
TCLP cyanide, ignitability, sulfide, oil and grease, and total solids. 
The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 
1311, was used as the extraction procedure for testing the volatile and 
semi-volatile constituents of concerns. Leachable metals were tested 
using the Extraction Procedure for Oily Wastes (OWEP), SW-846 Method 
1330A. The pH of each sample was measured using SW-846 Method 9045C, 
and a determination was made that the waste was not ignitable, 
corrosive, or reactive (see 40 CFR 261.21-261.23). Oil and grease was 
analyzed using SW-846 Method 9071B, total sulfide was tested using SW-
846 Method 9034, and total cyanide was performed using Method SW-846 
Method 9012A.
    Composite and grab samples of dewatered WWTP sludge were collected 
in accordance with the approved Sampling and Analysis Plan on August 
19, 2004 and submitted for laboratory testing. Upon receipt of the 
laboratory testing results, the data was validated by a third party. 
The maximum values of constituents detected in any sample of the WWTP 
sludge or in a TCLP extract of the WWTP sludge are summarized in Table 
1.

 Table 1.--Maximum Total and TCLP Concentrations in the Dewatered WWTP Sludge and Corresponding Delisting Limits
----------------------------------------------------------------------------------------------------------------
                                       Maximum concentration        Maximum allowable delisting       Maximum
                                           observed \1\             level  (3,000 cubic yards)       allowable
           Constituent           ----------------------------------------------------------------   groundwater
                                                                                                   concentration
                                  Total  (mg/kg)   TCLP  (mg/l)   Total  (mg/kg)   TCLP  (mg/l)      ([mu]g/l)
----------------------------------------------------------------------------------------------------------------
                                           Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Acetone.........................            <7.5             1.7     141,000,000             171           3,750
---------------------------------
                                         Semi-Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Bis(2-ethylhexyl)phthalate......             <25         <0.0050          51,400           0.146            1.50
---------------------------------

[[Page 51699]]

 
                                                     Metals
----------------------------------------------------------------------------------------------------------------
Antimony........................              56         <0.05 J         374,000           0.494             6.0
Arsenic.........................             <50           <0.02         312,000           0.224             5.0
Barium..........................              94           <0.35      10,400,000             100           2,000
Beryllium.......................             3.1          <0.029          16,200           0.998             4.0
Chromium........................         1,310 J           <0.16      10,300,000             5.0             100
Chromium (hexavalent)...........            <4.2              NT           3,320            3.71              NA
Cobalt..........................             3.6          <0.038      84,400,000              NA           2,250
Copper..........................              91            0.25      56,300,000          21,800           1,300
Lead............................             108           <0.19         500,000             5.0            15.0
Mercury.........................            0.47         <0.0006            1.82           0.195            2.00
Nickel..........................           4,400          24.2 J       2,430,000            67.8             750
Thallium........................             <20          <0.026           2,140           0.211            2.00
Tin.............................            <100            3.18     844,000,000              NA          22,500
Vanadium........................           9.9 J           <0.27       9,850,000            50.6             263
Zinc............................          17,200            5.72      17,200,000             673          11,300
Cyanide.........................            0.52           <0.05       1,180,000            8.63            200
----------------------------------------------------------------------------------------------------------------
\1\ These levels represent the highest concentration of each constituent found in any one sample and do not
  necessarily represent the specific levels found in one sample.
< Not detected at the specified concentration.
NA Not applicable.
NT Not tested.
J Estimated Concentration.

III. EPA's Evaluation of Saturn's Petition

A. How Did the EPA Evaluate the Information Submitted?

    In developing this proposal, the EPA considered the original 
listing criteria and the additional factors required by the Hazard and 
Solid Waste Amendments of 1984 (HSWA). See Section 222 of HSWA, 42 
U.S.C. 6921(f), and 40 CFR 260.22(d)(2)-(4). The EPA evaluated the 
petitioned waste against the listing criteria and factors cited in 40 
CFR 261.11(a)(2) and (3). These factors include: (1) Whether the waste 
is considered acutely toxic; (2) the toxicity of the constituents; (3) 
the concentrations of the constituents in the waste; (4) the tendency 
of the hazardous constituents to migrate and to bioaccumulate; (5) its 
persistence in the environment once released from the waste; (6) 
plausible and specific types of management of the petitioned waste; (7) 
the quantity of waste produced; and (8) waste variability.
    For this delisting determination, the EPA assumed that the WWTP 
sludge would be disposed in a Subtitle D landfill. Consistent with 
previous delistings, the EPA identified plausible exposure routes 
(groundwater, surface water and air) for hazardous constituents present 
in the petitioned waste based upon improper management of a Subtitle D 
landfill. To evaluate the waste, the EPA used the Delisting Risk 
Assessment Software program (DRAS), a Windows-based software tool, to 
estimate the potential release of hazardous constituents from the 
petitioned waste and to predict the risk associated with those 
releases.
    A detailed description of the DRAS program and revisions is 
available at 65 FR 58015, 65 FR 59000, 65 FR 75879, and 67 FR 10341. 
The DRAS uses EPA's Composite Model for Leachate Migration with 
Transformation Products (EPACMTP) to predict the potential for release 
of hazardous constituents to groundwater from landfilled wastes and 
subsequent potential routes of exposure to a receptor. For a release to 
groundwater, the EPA considered routes of exposure to a human receptor 
from ingestion of contaminated groundwater, inhalation from groundwater 
via showering and dermal contact while bathing. The DRAS program also 
considers the surface water pathway from the potential erosion of waste 
from runoff from an open landfill. It evaluates the potential risk to a 
human receptor from potential ingestion of fish and potential ingestion 
of drinking water. DRAS also considers potential releases of waste 
particles and volatile emissions to air from the surface of an open 
landfill. For a potential release to air, the EPA considered potential 
risks from inhalation of particulates and absorption into the lungs, 
ingestion of particulates eliminated from respiratory passages and 
subsequently swallowed, air deposition of particulates and subsequent 
ingestion of the soil/waste mixture, and inhalation of volatile 
constituents.
    In the DRAS model, the EPA used the maximum estimated waste volume 
and the maximum reported total and leachate concentration as inputs to 
estimate the potential constituent concentrations in the groundwater, 
soil, surface water or air. The DRAS program back calculated a maximum 
allowable concentration level that would not exceed protective levels 
in both the waste and the leachate for each constituent at the annual 
waste volume of 3,000 cubic yards.

B. What Did the EPA Conclude About This Waste?

    After reviewing Saturn's manufacturing and wastewater treatment 
processes, the EPA concluded that no other hazardous constituents of 
concern, other than those for which the testing was performed, are 
likely to be present or formed as reaction products or by-products in 
Saturn's WWTP sludge. EPA also concluded on the basis of explanations 
and analytical data provided by Saturn pursuant to 40 CFR 260.22, that 
the WWTP sludge does not

[[Page 51700]]

exhibit the characteristics of ignitability, corrosivity, or reactivity 
(see 40 CFR 261.21, 261.22 and 261.23, respectively.)
    The EPA compared the analytical results submitted by Saturn to the 
maximum allowable levels calculated by the DRAS for an annual volume of 
3,000 cubic yards. The maximum allowable levels for constituents 
detected in the WWTP sludge or the leachate from the sludge are 
summarized in Table 1, above. All constituents of concern were within 
levels. Table 1 also includes the maximum allowable levels in 
groundwater at a potential receptor well, as evaluated by the DRAS. 
These levels are the more conservative of either the Safety Drinking 
Water Act Maximum Contaminant Level (MCL) or the health-based value 
calculated by DRAS based on the target cancer risk level of 
10<SUP>-6</SUP>. For arsenic, the target cancer risk was set at 
10<SUP>-4</SUP> in consideration of the MCL and the potential for 
natural occurrence. The maximum allowable groundwater concentration and 
delisting level for arsenic correspond to a drinking water 
concentration less than one half the current MCL of 10 [mu]g/l.
    EPA also used the DRAS program to estimate the aggregate cancer 
risk and hazard index of constituents detected in the waste. The 
aggregate cancer risk is the cumulative total of all individual 
constituent cancer risks. The hazard index is a similar cumulative 
total of non-cancer effects. The target aggregate cancer risk is 1 x 
10<SUP>-5</SUP> and the target hazard index is one. The Saturn WWTP 
sludge met both of these criteria.

C. What Other Factors Did the EPA Consider in Its Evaluation?

    During the evaluation of this petition, the EPA also considered the 
potential impact of the hazardous constituents from WWTP sludge via 
non-groundwater routes (i.e., air emissions and surface runoff).
    In regard to potential airborne emissions, the EPA evaluated the 
potential risk resulting from the unlikely scenario of airborne 
exposure to hazardous constituents released from the WWTP sludge in an 
open landfill. The results of this unlikely worst-case analysis 
indicated that there is no substantial present or potential hazard to 
human health and the environment from airborne emissions from the WWTP 
sludge.
    The EPA also considered the potential impact of releases of 
hazardous constituents from the WWTP sludge via surface water runoff. 
The EPA believes that containment structures at municipal solid waste 
landfills can effectively control surface water runoff, as the Subtitle 
D regulations (see 56 FR 50978, October 9, 1991) prohibit pollutant 
discharges into surface waters. Furthermore, and in the unlikely event 
of surface water runoff at municipal solid waste landfills, the 
concentrations of any soluble hazardous constituents in runoff will 
tend to be lower than the levels in the TCLP leachate analyses reported 
in this proposal due to the aggressive acidic medium used in the TCLP 
extraction. For these reasons, the EPA believes that contamination of 
surface water through runoff from the waste disposal area is very 
unlikely. Nevertheless, the EPA evaluated the potential impacts on 
surface water if the dewatered WWTP sludge was released from a 
municipal solid waste landfill through runoff and erosion. The 
estimated levels of the hazardous constituents of concern in surface 
water would be well below health-based levels for human health, as well 
as below the EPA Chronic Water Quality Criteria for aquatic organisms 
(US EPA, OWRS, 1987).
    The EPA concluded that the WWTP sludge is not a present or 
potential hazard to human health and the environment from airborne 
emissions and surface water runoff.

IV. Proposal To Delist WWTP Sludge From Saturn's Automobile Assembly 
Facility

A. What Action Is EPA Proposing?

    Today the EPA is proposing to conditionally exclude or delist 3,000 
cubic yards annually of WWTP sludge generated at Saturn's Spring Hill, 
Tennessee, automotive assembly facility.

B. What Are the Terms for Disposal of Saturn's WWTP Sludge Pursuant to 
This Exclusion?

    Saturn must dispose of the WWTP sludge in a lined Subtitle D 
landfill which is permitted, licensed, or registered by a state to 
manage industrial waste. This exclusion applies only to a maximum 
annual volume of 3,000 cubic yards and is effective only if all 
conditions contained in this rule are satisfied.

C. With What Conditions Must Saturn Comply for Its WWTP Sludge To Be 
Delisted?

    The petitioner, Saturn, must comply with the requirements in 40 CFR 
part 261, Appendix IX, Table 1 as amended by this proposal. The text 
below gives the rationale and details of those requirements.
    (1) Delisting Levels:
    Saturn must sample and analyze the dewatered WWTP sludge in 
accordance with Paragraph (3) and 40 CFR part 261, Appendix IX, Table 1 
to ensure that the criteria for delisting continues to be met. The 
constituents for which Saturn must test the leachate from the dewatered 
WWTP sludge are provided in Paragraph (7) and in 40 CFR part 261, 
Appendix IX, Table 1. The EPA selected the constituents based upon the 
descriptions of the manufacturing process used by Saturn, previous test 
data provided for the waste, and the respective health-based levels 
used in delisting decision-making.
    To meet the conditions of this delisting, the constituent 
concentrations in the leachate from the dewatered WWTP sludge must not 
exceed the concentrations provided in Paragraph (7) and in 40 CFR part 
261, Appendix IX, Table 1. The delisting levels represent the maximum 
allowable concentrations in the leachate from the testing of the WWTP 
sludge.
    (2) Waste Holding and Handling:
    Saturn will manage accumulated WWTP sludge in accordance with the 
applicable regulations and continue to dispose of the WWTP sludge as a 
hazardous waste until the first quarterly verification testing has been 
completed. If the results of the first quarterly test indicate that no 
constituent is present in the sludge at a concentration that exceeds 
the delisting level, Saturn can manage and dispose of the sludge as a 
nonhazardous waste. Holding the dewatered WWTP sludge until 
characterization is complete will ensure that the waste is managed 
properly.
    (3) Verification Testing Requirements:
    Saturn must complete a testing program to verify that the dewatered 
WWTP sludge does not exceed the maximum delisting levels. If the EPA 
determines that the data from the verification testing program exceeds 
the maximum delisting levels, this exclusion does not apply to the 
tested waste. The verification testing program operates on a quarterly 
basis for one year, followed by testing on an annual basis.
    The first part of the verification testing program consists of 
testing the dewatered WWTP sludge for the constituents specified in 
Paragraph (7) on a quarterly basis for a period of one year. The 
quarterly testing will be performed by collecting and analyzing one 
composite sample on a quarterly basis for one year. Each composite 
sample will consist of four (4) grab samples collected from an 
individual roll-off container. The first sample can be collected at any 
time after EPA has

[[Page 51701]]

finalized this rule. The remaining three quarterly samples will be 
collected at approximately ninety (90)-day intervals from the 
collection of the first quarterly sample.
    The second part of the verification testing program is the annual 
testing of one composite sample (consisting of four grab samples from 
one roll-off container) of dewatered WWTP sludge for the constituents 
specified in Paragraph (7). The annual tests will be performed by 
collecting a composite sample during the same month as the final 
quarterly (first annual) sample was collected.
    If the constituent concentrations in the dewatered WWTP sludge in 
any roll-off container exceed the delisting levels, then Saturn must 
dispose of the waste as hazardous. Saturn must submit the data obtained 
from its quarterly and annual verification testing to EPA. If the data 
exceeds the delisting criteria, then Saturn must notify the EPA 
according to the requirements in Paragraph (6). After notification, EPA 
will make a decision as to whether the reported information requires 
further EPA action to protect human health and the environment.
    This exclusion is effective upon publication in the Federal 
Register but disposal of the WWTP sludge as a nonhazardous waste cannot 
begin until the first quarterly verification testing has been completed 
and the data has been submitted to EPA. If the quarterly or annual 
verification testing is not performed, the dewatered WWTP sludge cannot 
be disposed as a delisted waste until Saturn obtains the written 
approval of the EPA.
    (4) Changes in Operating Conditions:
    Paragraph (4) requires Saturn to notify EPA in writing if the 
manufacturing process, the wastewater treatment process, or the 
chemicals used in the processes significantly change, including but not 
limited to the type, composition, and amount of waste generated. If 
there is a significant change, Saturn must handle the WWTP sludge after 
the process change as hazardous until Saturn has demonstrated to the 
EPA that the waste continues to meet the delisting levels and that no 
new hazardous constituents listed in Appendix VIII of 40 CFR part 261 
have been introduced and Saturn has received written approval from the 
EPA.
    (5) Data Submittals:
    As indicated in Paragraph (3) above, Saturn is required to submit 
the data obtained from its quarterly and annual verification testing to 
the EPA. To document that Saturn is appropriately managing the 
dewatered WWTP sludge, Saturn must also compile, summarize, and 
maintain delisting records and analytical data on-site for a minimum 
period of five years. Paragraph (5) requires Saturn to furnish the data 
upon request for inspection by any employee or representative of the 
EPA or the State of Tennessee.
    If the proposed exclusion is made final, then it will apply only to 
3,000 cubic yards per calendar year of dewatered WWTP sludge generated 
at the Saturn facility after the first successful quarterly 
verification test.
    (6) Reopener:
    The purpose of Paragraph (6) is to require Saturn to disclose new 
or different information related to a condition at the facility or 
disposal of the waste if it is pertinent to the delisting. Saturn must 
also use this procedure if the waste sample in the annual testing fails 
to meet the levels found in Paragraph (1). This provision will allow 
the EPA to reevaluate the exclusion if a source provides new or 
additional information to the EPA. The EPA will evaluate the 
information on which it based the decision to see if it is still 
correct, or if circumstances have changed so that the information is no 
longer correct or would cause the EPA to deny the petition if 
presented.
    This provision expressly requires Saturn to report differing site 
conditions or assumptions used in the petition in addition to failure 
to meet the annual testing conditions within ten (10) days of 
discovery. If the EPA discovers such information itself or from a third 
party, it can act on it as appropriate. The language being proposed is 
similar to those provisions found in RCRA regulations governing no-
migration petitions at Sec.  268.6.
    (7) Notification Requirements:
    In order to adequately track wastes that have been delisted, the 
EPA is requiring that Saturn provide a one-time notification to any 
State regulatory agency through which or to which the delisted waste is 
being carried. Saturn must provide this notification within sixty (60) 
days of commencing this activity.

D. What Are the Maximum Allowable Concentrations of Hazardous 
Constituents in the Waste?

    Concentrations of the following constituents measured in the TCLP 
(or OWEP, where appropriate) extract of the waste must not exceed the 
following levels (mg/l): antimony--0.494; arsenic--0.224; total 
chromium--3.71; lead--5.0; nickel--67.8; thallium--0.211; and zinc--
673.

E. What Happens if Saturn Is Unable To Meet the Terms and Conditions of 
This Delisting?

    If Saturn violates the terms and conditions established in the 
exclusion, the EPA will initiate procedures to withdraw the exclusion. 
Where there is an immediate threat to human health and the environment, 
the EPA will evaluate the need for enforcement activities on a case-by-
case basis. The EPA expects Saturn to conduct the appropriate waste 
analysis and comply with the criteria explained above in Paragraph (1) 
of the exclusion.

V. Public Comments

A. How May Interested Parties Submit Comments?

    The EPA is requesting public comments on this proposed decision. 
Please send three copies of your comments. You should send two copies 
to the Chief, North Section, RCRA Enforcement and Compliance Branch, 
Waste Division, U.S. Environmental Protection Agency Region 4, Sam Nunn 
Atlanta Federal Center, 61 Forsyth Street S.W., Atlanta, Georgia 30303. 
You should also send a copy to Mr. Mike Apple, Director, Division of 
Solid Waste Management, Tennessee Department of Environment and 
Conservation, 5th Floor, L&C Tower, 401 Church Street, Nashville, 
Tennessee 37243-1535. You should identify your comments at the top with 
this regulatory docket number: R4DLP-0502-Saturn. You may submit your 
comments electronically to Kristin Lippert at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="82ceebf2f2e7f0f6ace9f0ebf1f6ebecc2e7f2e3ace5edf4">[email protected]</a>.
    You should submit requests for a hearing to Narindar M. Kumar, 
Chief, RCRA Enforcement and Compliance Branch, Waste Division, U. S. 
Environmental Protection Agency Region 4, Sam Nunn Atlanta Federal 
Center, 61 Forsyth Street S.W., Atlanta, Georgia 30303.

B. How May Interested Parties Review the Docket or Obtain Copies of the 
Proposed Exclusion?

    You may review the RCRA regulatory docket for this proposed rule at 
the U. S. Environmental Protection Agency Region 4, Sam Nunn Atlanta 
Federal Center, 61 Forsyth Street S.W., Atlanta, Georgia 30303. It is 
available for viewing in the EPA Freedom of Information Act Review Room 
from 9 a.m. to 4 p.m., Monday through Friday, excluding Federal 
holidays. You may call (404) 562-8605 for appointments. The public may 
copy material from any regulatory docket at no cost for the first one 
hundred (100) pages, and at fifteen (15) cents per page for additional 
copies.

[[Page 51702]]

VI. Regulatory Impact

    Because EPA is issuing today's exclusion under the federal RCRA 
delisting program, only states subject to federal RCRA delisting 
provisions would be affected. This exclusion may not be effective in 
states that have received EPA's authorization to make their own 
delisting decisions.
    Under Section 3009 of RCRA, EPA allows states to impose their own 
non-RCRA regulatory requirements that are more stringent than EPA's. 
These more stringent requirements may include a provision that 
prohibits a federally issued exclusion from taking effect in the state. 
The EPA urges petitioners to contact the state regulatory authority to 
establish the status of their wastes under the state law.
    The EPA has also authorized some states to administer a delisting 
program in place of the federal program, that is, to make state 
delisting decisions. Therefore, this exclusion does not apply in those 
authorized states. If Saturn manages the WWTP sludge in any state with 
delisting authorization, Saturn must obtain delisting authorization 
from the state before it can manage the WWTP sludge as nonhazardous in 
that state.
    Under Executive Order 12866, the EPA must conduct an ``assessment 
of the potential costs and benefits' for all ``significant'' regulatory 
actions. The proposal to grant an exclusion is not significant, since 
its effect, if promulgated, would be to reduce the overall costs and 
economic impact of the EPA's hazardous waste management regulations. 
This reduction would be achieved by excluding waste generated at a 
specific facility from the EPA's lists of hazardous wastes, thus 
enabling a facility to manage its waste as nonhazardous.
    Because there is no additional impact from this proposed rule, this 
proposal would not be a significant regulation, and no cost/benefit 
assessment is required. The Office of Management and Budget (OMB) has 
also exempted this rule from the requirement for OMB review under 
Section (6) of Executive Order 12866.

VII. Regulatory Flexibility Act

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

VIII. Paperwork Reduction Act

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

IX. Unfunded Mandates Reform Act

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

X. Executive Order 13045

    The Executive Order 13045 is entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997). This order applies to any rule that the EPA determines (1) is 
economically significant as defined under Executive Order 12866, and 
(2) the environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA 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 EPA. This proposed rule is not 
subject to Executive Order 13045 because this is not an economically 
significant regulatory action as defined by Executive Order 12866.

XI. Executive Order 13084

    Under Executive Order 13084, the EPA may not issue a regulation 
that is not required by statute, that significantly affects or uniquely 
affects the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments.
    If the mandate is unfunded, the EPA must provide to the Office of 
Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of the EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation.
    In addition, Executive Order 13084 requires the EPA to develop an 
effective process permitting elected and other

[[Page 51703]]

representatives of Indian tribal governments to have ``meaningful and 
timely input'' in the development of regulatory policies on matters 
that significantly or uniquely affect their communities of Indian 
tribal governments. This action does not involve or impose any 
requirements that affect Indian Tribes. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

XII. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act, the EPA is directed 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 (for example, materials 
specifications, test methods, sampling procedures, business practices, 
etc.) developed or adopted by voluntary consensus standard bodies. 
Where available and potentially applicable voluntary consensus 
standards are not used by the EPA, the Act requires that the EPA 
provide Congress, through the OMB, an explanation of the reasons for 
not using such standards.
    This rule does not establish any new technical standards and thus, 
the EPA has no need to consider the use of voluntary consensus 
standards in developing this final rule.

XIII. Executive Order 13132 Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires the 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'' are 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, the 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 the EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the EPA consults with State and local officials early in the 
process of developing the proposed regulation.
    This action does not have federalism implications. It will not have 
a substantial direct effect on 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, because it affects only one facility.

List of Subjects in 40 CFR Part 261

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

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

    Dated: August 15, 2005.
Alan Farmer,
Acting Director, Waste Management Division, Region 4.

    For the reasons set out in the preamble, 40 CFR part 261 is 
proposed to be amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for Part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

    2. In Table 1 of Appendix IX of Part 261, the following waste is 
added in alphabetical order by facility to read as follows:

Appendix IX to Part 261--Waste Excluded Under Sec. Sec.  260.20 and 
260.22

                               Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
            Facility                          Address                            Waste description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Saturn Corporation..............  Spring Hill, TN................  Dewatered wastewater treatment plant (WWTP)
                                                                    sludge (EPA Hazardous Waste No. F019)
                                                                    generated at a maximum rate of 3,000 cubic
                                                                    yards per calendar year. The sludge must be
                                                                    disposed in a lined, Subtitle D landfill
                                                                    with leachate collection that is licensed,
                                                                    permitted, or otherwise authorized to accept
                                                                    the delisted WWTP sludge in accordance with
                                                                    40 CFR part 258. The exclusion becomes
                                                                    effective on [insert publication date of the
                                                                    final rule].
                                                                   For the exclusion to be valid, Saturn must
                                                                    implement a verification testing program
                                                                    that meets the following conditions:
                                                                   (1) Delisting Levels: The constituent
                                                                    concentrations in an extract of the waste
                                                                    must not exceed the following maximum
                                                                    allowable concentrations in mg/l: antimony--
                                                                    0.494; arsenic--0.224; total chromium--3.71;
                                                                    lead--5.0; nickel--68; thallium--0.211; and
                                                                    zinc--673. Sample collection and analyses,
                                                                    including quality control procedures, must
                                                                    be performed using appropriate methods. As
                                                                    applicable to the method-defined parameters
                                                                    of concern, analyses requiring the use of SW-
                                                                    846 methods incorporated by reference in 40
                                                                    CFR 260.11 must be used without
                                                                    substitution. As applicable, the SW-846
                                                                    methods might include Methods 0010, 0011,
                                                                    0020, 0023A, 0030, 0031, 0040, 0050, 0051,
                                                                    0060, 0061, 1010A, 1020B, 1110A, 1310B,
                                                                    1311, 1312, 1320, 1330A, 9010C, 9012B,
                                                                    9040C, 9045D, 9060A, 9070A, (uses EPA Method
                                                                    1664, Rev. A), 9071B, and 9095B. Methods
                                                                    must meet Performance Based Measurement
                                                                    System Criteria in which the Data Quality
                                                                    Objectives are to demonstrate that
                                                                    representative samples of Saturn's sludge
                                                                    meet the delisting levels in this condition.
                                                                   (2) Waste Holding and Handling:
                                                                   (A) Saturn must accumulate the hazardous
                                                                    waste dewatered WWTP sludge in accordance
                                                                    with the applicable regulations of 40 CFR
                                                                    262.34 and continue to dispose of the
                                                                    dewatered WWTP sludge as hazardous waste.

[[Page 51704]]

 
                                                                   (B) After the first quarterly verification
                                                                    sampling event described in Condition (3)
                                                                    has been completed and the laboratory data
                                                                    demonstrates that no constituent is present
                                                                    in the sample at a level which exceeds the
                                                                    delisting levels set in Condition (1),
                                                                    Saturn can manage and dispose of the
                                                                    dewatered WWTP sludge as nonhazardous
                                                                    according to all applicable solid waste
                                                                    regulations.
                                                                   (C) If constituent levels in any sample taken
                                                                    by Saturn exceed any of the delisting levels
                                                                    set in Condition (1), Saturn must do the
                                                                    following:
                                                                   (i) notify EPA in accordance with Condition
                                                                    (6) and
                                                                   (ii) manage and dispose the dewatered WWTP
                                                                    sludge as hazardous waste generated under
                                                                    Subtitle C of RCRA.
                                                                   (3) Quarterly Testing Requirements: Upon this
                                                                    exclusion becoming final, Saturn may perform
                                                                    quarterly analytical testing by sampling and
                                                                    analyzing the dewatered WWTP sludge as
                                                                    follows:
                                                                   (i) Collect one representative composite
                                                                    sample (consisting of four grab samples) of
                                                                    the hazardous waste dewatered WWTP sludge at
                                                                    any time after EPA grants the final
                                                                    delisting. In addition, collect the second,
                                                                    third, and fourth quarterly samples at
                                                                    approximately ninety (90)-day intervals
                                                                    after EPA grants the final exclusion.
                                                                   (ii) Analyze the samples for all constituents
                                                                    listed in Condition (1). Any roll-offs from
                                                                    which the composite sample is taken
                                                                    exceeding the delisting levels listed in
                                                                    Condition (1) must be disposed as hazardous
                                                                    waste in a Subtitle C landfill. (iii) Within
                                                                    forty-five (45) days after taking its first
                                                                    quarterly sample, Saturn will report its
                                                                    first quarterly analytical test data to EPA.
                                                                    If levels of constituents measured in the
                                                                    sample of the dewatered WWTP sludge do not
                                                                    exceed the levels set forth in Condition (1)
                                                                    of this exclusion, Saturn can manage and
                                                                    dispose the nonhazardous dewatered WWTP
                                                                    sludge according to all applicable solid
                                                                    waste regulations.
                                                                   (4) Annual Verification Testing: (i) If
                                                                    Saturn completes the quarterly testing
                                                                    specified in Condition (3) above, and no
                                                                    sample contains a constituent with a level
                                                                    which exceeds the limits set forth in
                                                                    Condition (1), Saturn may begin annual
                                                                    verification testing on an annual basis.
                                                                    Saturn must collect and analyze one sample
                                                                    of the WWTP sludge on an annual basis. as
                                                                    follows: Saturn must test one representative
                                                                    composite sample of the dewatered WWTP
                                                                    sludge for all constituents listed in
                                                                    Condition (1) at least once per calendar
                                                                    year.
                                                                   (ii) The sample collected for annual
                                                                    verification testing shall be a
                                                                    representative composite sample consisting
                                                                    of four grab samples that will be collected
                                                                    in accordance with the appropriate methods
                                                                    described in Condition (1).
                                                                   (iii) The sample for the annual testing for
                                                                    the second and subsequent annual testing
                                                                    events shall be collected within the same
                                                                    calendar month as the first annual
                                                                    verification sample.
                                                                   (5) Changes in Operating Conditions: Saturn
                                                                    must notify EPA in writing when significant
                                                                    changes in the manufacturing or wastewater
                                                                    treatment processes are implemented. EPA
                                                                    will determine whether these changes will
                                                                    result in additional constituents of
                                                                    concern. If so, EPA will notify Saturn in
                                                                    writing that Saturn's sludge must be managed
                                                                    as hazardous waste F019 until Saturn has
                                                                    demonstrated that the wastes meet the
                                                                    delisting levels set forth in Condition (1)
                                                                    and any levels established by EPA for the
                                                                    additional constituents of concern, and
                                                                    Saturn has received written approval from
                                                                    EPA. If EPA determines that the changes do
                                                                    not result in additional constituents of
                                                                    concern, EPA will notify Saturn, in writing,
                                                                    that Saturn must verify that Saturn's sludge
                                                                    continues to meet Condition (1) delisting
                                                                    levels.
                                                                   (6) Data Submittals: Saturn must submit the
                                                                    data obtained through verification testing
                                                                    at Saturn or as required by other conditions
                                                                    of this rule to: information described
                                                                    below. If Saturn fails to submit the
                                                                    required data within the specified time or
                                                                    maintain the required records on-site for
                                                                    the specified time, the EPA, at its
                                                                    discretion, will consider this sufficient
                                                                    basis to re-open the exclusion as described
                                                                    in Condition (6). Saturn must:
                                                                   (A) Submit the data obtained through
                                                                    Condition (3) to the Chief, North Section,
                                                                    RCRA Enforcement and Compliance Branch,
                                                                    Waste Division, U.S. Environmental
                                                                    Protection Agency Region 4, Sam Nunn Atlanta
                                                                    Federal Center, 61 Forsyth Street S.W.,
                                                                    Atlanta, Georgia, 30303, within the time
                                                                    specified. The quarterly verification data,
                                                                    annual verification data, and certification
                                                                    of proper disposal must be submitted to EPA
                                                                    annually upon the anniversary of the
                                                                    effective date of this exclusion. All data
                                                                    must be accompanied by a signed copy of the
                                                                    certification statement in 40 CFR
                                                                    260.22(i)(12).
                                                                   (B) Compile, Summarize, and Maintain Records:
                                                                    Saturn must compile, summarize, and maintain
                                                                    at Saturn records of operating conditions
                                                                    and analytical data records of analytical
                                                                    data from Condition (3), summarized, and
                                                                    maintained on-site for a minimum of five
                                                                    years. Saturn must furnish these records and
                                                                    data when either the EPA or the State of
                                                                    Tennessee request them for inspection.
                                                                   (C) Send along with all data a signed copy of
                                                                    the following certification statement, to
                                                                    attest to the truth and accuracy of the data
                                                                    submitted: ``I certify under penalty of law
                                                                    that I have personally examined and am
                                                                    familiar with the information submitted in
                                                                    this demonstration and all attached
                                                                    documents, and that, based on my inquiry of
                                                                    those individuals immediately responsible
                                                                    for getting the information, I believe that
                                                                    the submitted information is true, accurate,
                                                                    and complete. I am aware that there are
                                                                    significant penalties for sending false
                                                                    information, including the possibility of
                                                                    fine and imprisonment.''
                                                                   (6) Reopener.

[[Page 51705]]

 
                                                                   (A) If, at any time after disposal of the
                                                                    delisted waste, Saturn possesses or is
                                                                    otherwise made aware of any data (including
                                                                    but not limited to leachate data or
                                                                    groundwater monitoring data) relevant to the
                                                                    delisted WWTP sludge at Saturn indicating
                                                                    that any constituent is at a level in the
                                                                    leachate higher than the specified delisting
                                                                    level or TCLP regulatory level, then Saturn
                                                                    must report the data, in writing, to the
                                                                    Regional Administrator within ten (10) days
                                                                    of first possessing or being made aware of
                                                                    that data.
                                                                   (B) Based upon the information described in
                                                                    Paragraph (A) and any other information
                                                                    received from any source, the EPA Regional
                                                                    Administrator will make a preliminary
                                                                    determination as to whether the reported
                                                                    information requires EPA action to protect
                                                                    human health or the environment. Further
                                                                    action may include suspending, or revoking
                                                                    the exclusion, or other appropriate response
                                                                    necessary to protect human health and the
                                                                    environment.
                                                                   (C) If the Regional Administrator determines
                                                                    that the reported information does require
                                                                    EPA action, the Regional Administrator will
                                                                    notify Saturn in writing of the actions the
                                                                    Regional Administrator believes are
                                                                    necessary to protect human health and the
                                                                    environment. The notification shall include
                                                                    a statement of the proposed action and a
                                                                    statement providing Saturn with an
                                                                    opportunity to present information as to why
                                                                    the proposed EPA action is not necessary.
                                                                    Saturn shall have ten (10) days from the
                                                                    date of the Regional Administrator's notice
                                                                    to present the information.
                                                                   (D) Following the receipt of information from
                                                                    Saturn, or if Saturn presents no further
                                                                    information after 10 days, the Regional
                                                                    Administrator will issue a final written
                                                                    determination describing the EPA actions
                                                                    that are necessary to protect human health
                                                                    or the environment. Any required action
                                                                    described in the Regional Administrator's
                                                                    determination shall become effective
                                                                    immediately, unless the Regional
                                                                    Administrator provides otherwise.
                                                                   (7) Notification Requirements: Before
                                                                    transporting the delisted waste, Saturn must
                                                                    provide a one-time written notification to
                                                                    any State Regulatory Agency to which or
                                                                    through which it will transport the delisted
                                                                    WWTP sludge for disposal. The notification
                                                                    will be updated if Saturn transports the
                                                                    delisted WWTP sludge to a different disposal
                                                                    facility. Failure to provide this
                                                                    notification will result in a violation of
                                                                    the delisting variance and a possible
                                                                    revocation of the decision.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-17364 Filed 8-30-05; 8:45 am]
BILLING CODE 6560-50-P


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