[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Rules and Regulations]
[Pages 59523-59528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24009]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2008-0418; SW-FRL-8727-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Environmental Protection Agency (EPA) is granting a petition 
submitted by Lockheed Martin Aeronautics Company to exclude (or delist) 
the sludge from its wastewater treatment plant generated by Lockheed 
Martin Aeronautics Company in Fort Worth, Texas from the lists of 
hazardous wastes. This final rule responds to the petition submitted by 
Lockheed Martin Aeronautics Company to delist F019 sludge generated 
from the facility's wastewater treatment plant.
    After careful analysis and use of the Delisting Risk Assessment 
Software (DRAS), EPA has concluded the petitioned waste is not 
hazardous waste. This exclusion applies to 90 cubic yards per year of 
the F019 sludge. Accordingly, this final rule excludes the petitioned 
waste from the requirements of hazardous waste regulations under the 
Resource Conservation and Recovery Act (RCRA) when it is disposed in a 
Subtitle D Landfill.

DATES: Effective Date: October 9, 2008.

ADDRESSES: The public docket for this final rule is located at the 
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202, and is available for viewing in EPA Freedom of Information 
Act review room on the 7th floor from 8 a.m. to 4 p.m., Monday through 
Friday, excluding Federal holidays. Call (214) 665-6444 for 
appointments. The reference number for this docket is EPA-R06-RCRA-
2008-0418. The public may copy material from any regulatory docket at 
no cost for the first 100 pages and at a cost of $0.15 per page for 
additional copies.

FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the 
Corrective Action and Waste Minimization Section, Multimedia Planning 
and Permitting Division (6PD-C), Environmental Protection Agency Region 
6, 1445 Ross Avenue, Dallas, Texas 75202.
    For technical information concerning this notice, contact Wendy 
Jacques, Environmental Protection Agency Region 6, 1445 Ross Avenue, 
(6PD-F), Dallas, Texas 75202, at (214) 665-7395, or 
<a href="/cdn-cgi/l/email-protection#3953585a484c5c4a174e5c575d40795c4958175e564f"><span class="__cf_email__" data-cfemail="355f5456444050461b42505b514c755045541b525a43">[email protected]</span></a>.

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

I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this action?
    C. What are the limits of this exclusion?
    D. How will Lockheed Martin Aeronautics Company manage the waste 
if it is delisted?
    E. When is the final delisting exclusion effective?
    F. How does this final rule affect states?
II. Background
    A. What is a delisting?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did Lockheed Martin Aeronautics Company petition 
EPA to delist?
    B. How much waste did Lockheed Martin Aeronautics Company 
propose to delist?
    C. How did Lockheed Martin Aeronautics Company sample and 
analyze the waste data in this petition?
IV. Public Comments Received on the proposed exclusion
    Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    After evaluating the petition, EPA proposed, on May 19, 2008, to 
exclude the wastewater treatment plant sludge from the lists of 
hazardous waste under 40 CFR 261.31 and 261.32 (see 70 FR 41358). EPA 
is finalizing the decision to grant Lockheed Martin Aeronautics 
Company's delisting petition to have its waste water treatment sludge 
managed and disposed as non-hazardous waste provided certain 
verification and monitoring conditions are met.

B. Why is EPA approving this action?

    Lockheed Martin Aeronautics Company's petition requests a delisting 
from the F019 waste listing under 40 CFR 260.20 and 260.22. Lockheed 
Martin Aeronautics Company does not

[[Page 59524]]

believe that the petitioned waste meets the criteria for which EPA 
listed it. Lockheed Martin Aeronautics Company also believes no 
additional constituents or factors could cause the waste to be 
hazardous. EPA's review of this petition included consideration of the 
original listing criteria and the additional factors required by the 
Hazardous and Solid Waste Amendments of 1984. See section 3001(f) of 
RCRA, 42 U.S.C. 6921(f), and 40 CFR 260.22 (d)(1)-(4) (hereinafter all 
sectional references are to 40 CFR unless otherwise indicated). In 
making the final delisting determination, EPA evaluated the petitioned 
waste against the listing criteria and factors cited in Sec.  
261.11(a)(2) and (a)(3). Based on this review, EPA agrees with the 
petitioner that the waste is non-hazardous with respect to the original 
listing criteria. If EPA had found, based on this review, that the 
waste remained hazardous based on the factors for which the waste as 
originally listed, EPA would have proposed to deny the petition. EPA 
evaluated the waste with respect to other factors or criteria to assess 
whether there is a reasonable basis to believe that such additional 
factors could cause the waste to be hazardous. EPA considered whether 
the waste is acutely toxic, the concentration of the constituents in 
the waste, their tendency to migrate and to bioaccumulate, their 
persistence in the environment once released from the waste, plausible 
and specific types of management of the petitioned waste, the 
quantities of waste generated, and waste variability. EPA believes that 
the petitioned waste does not meet the listing criteria and thus should 
not be a listed waste. EPA's final decision to delist waste from 
Lockheed Martin Aeronautics Company's facility is based on the 
information submitted in support of this rule, including descriptions 
of the wastes and analytical data from the Fort Worth, Texas facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in the petition only 
if the requirements described in 40 CFR part 261, Appendix IX, Table 1 
and the conditions contained herein are satisfied.

D. How will Lockheed Martin Aeronautics Company manage the waste if it 
is delisted?

    The sludge from Lockheed Martin Aeronautics Company will be 
disposed of in a RCRA Subtitle D landfill.

E. When is the final delisting exclusion effective?

    This rule is effective October 9, 2008. The Hazardous and Solid 
Waste Amendments of 1984 amended section 3010 of RCRA, 42 U.S.C. 
6930(b)(1), allows rules to become effective less than six months after 
the rule is published when the regulated community does not need the 
six-month period to come into compliance. That is the case here because 
this rule reduces, rather than increases, the existing requirements for 
persons generating hazardous waste. This reduction in existing 
requirements also provides a basis for making this rule effective 
immediately, upon publication, under the Administrative Procedure Act, 
pursuant to 5 U.S.C. 553(d).

F. How does this final rule affect states?

    Because EPA is issuing this exclusion under the Federal RCRA 
delisting program, only states subject to Federal RCRA delisting 
provisions would be affected. This would exclude states which have 
received authorization from EPA to make their own delisting decisions.
    EPA allows states to impose their own non-RCRA regulatory 
requirements that are more stringent than EPA's, under section 3009 of 
RCRA, 42 U.S.C. 6929. These more stringent requirements may include a 
provision that prohibits a Federally issued exclusion from taking 
effect in the state. Because a dual system (that is, both Federal 
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's 
waste, EPA urges petitioners to contact the State regulatory authority 
to establish the status of their wastes under the State law.
    EPA has also authorized some states (for example, Louisiana, 
Oklahoma, Georgia, and Illinois) to administer an RCRA 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 unless that state makes the rule part of its 
authorized program. If Lockheed Martin Aeronautics Company transports 
the petitioned waste to or manages the waste in any state with 
delisting authorization, Lockheed Martin Aeronautics Company must 
obtain delisting authorization from that state before it can manage the 
waste as non-hazardous in the state.

II. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to EPA, or 
another agency with jurisdiction, to exclude or delist from the RCRA 
list of hazardous waste, certain wastes the generator believes should 
not be considered hazardous under RCRA.

B. What regulations allow facilities to delist a waste?

    Under Sec. Sec.  260.20 and 260.22, facilities may petition EPA to 
remove their wastes from hazardous waste regulation by excluding them 
from the lists of hazardous wastes contained in Sec. Sec.  261.31 and 
261.32. Specifically, Sec.  260.20 allows any person to petition the 
Administrator to modify or revoke any provision of 40 CFR parts 260 
through 265 and 268. Section 260.22 provides generators the opportunity 
to petition the Administrator to exclude a waste from a particular 
generating facility from the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow EPA 
to determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. In 
addition, the Administrator must determine, where he/she has a 
reasonable basis to believe that factors (including additional 
constituents) other than those for which the waste was listed could 
cause the waste to be a hazardous waste and that such factors do not 
warrant retaining the waste as a hazardous waste.

III. EPA's Evaluation of the Waste Information and Data

A. What waste did Lockheed Martin Aeronautics Company petition EPA to 
delist?

    On February 21, 2006, Lockheed Martin Aeronautics Company 
petitioned EPA to exclude from the lists of hazardous wastes contained 
in Sec.  261.31, sludge (F019) generated from its facility located in 
Forth Worth, Texas. The waste falls under the classification of listed 
waste pursuant to Sec.  261.31.

B. How much waste did Lockheed Martin Aeronautics Company propose to 
delist?

    Specifically, in its petition, Lockheed Martin Aeronautics Company 
requested that EPA grant a standard exclusion for 90 cubic yards per 
year of sludge resulting from the treatment of waste waters from the 
manufacturing processes at its facility.

C. How did Lockheed Martin Aeronautics Company sample and analyze the 
waste data in this petition?

    To support its petition, Lockheed Martin Aeronautics Company 
submitted:
    <bullet> Analytical results of the toxicity characteristic leaching 
procedure and total constituent analysis for volatile

[[Page 59525]]

and semi volatile organics, pesticides, herbicides, dioxins/furans, 
PCBs and metals for six sludge samples;
    <bullet> Analytical results from multiple pH leaching of metals; 
and
    <bullet> Descriptions of the wastewater treatment process.

IV. Public Comments Received on the Proposed Exclusion

Who submitted comments on the proposed rule?

    No comments were received on the Proposed Rule.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this rule is not of general applicability 
and therefore is not a regulatory action subject to review by the 
Office of Management and Budget (OMB). This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a 
particular facility only. Because this rule is of particular 
applicability relating to a particular facility, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because 
this rule will affect only a particular facility, it will not 
significantly or uniquely affect small governments, as specified in 
section 203 of UMRA. Because this rule will affect only a particular 
facility, this final rule does not have federalism implications. It 
will not 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, as specified in Executive Order 13132, ``Federalism'', (64 
FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply 
to this rule. Similarly, because this rule will affect only a 
particular facility, this final rule does not have tribal implications, 
as specified in Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, 
Executive Order 13175 does not apply to this rule. This rule also is 
not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), 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 basis for this 
belief is that the Agency used the DRAS program, which considers health 
and safety risks to infants and children, to calculate the maximum 
allowable concentrations for this rule. This rule is not subject to 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866. This rule does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. As required by section 3 of Executive Order 12988, ``Civil 
Justice Reform'', (61 FR 4729, February 7, 1996), in issuing this rule, 
EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. 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 
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 is a rule of 
particular applicability.

Lists of Subjects in 40 CFR Part 261

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

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

    Dated: October 1, 2008.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division, Region 6.

0
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

0
1. The authority citation for part 261 continues to read as follows:

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


0
2. In Table 1 of Appendix IX of Part 261 add the following waste stream 
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--Waste Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
               Facility                        Address                          Waste description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lockheed Martin Aeronautics Company..  Fort Worth, TX.........  Sludge (EPA Hazardous Waste Number F019)
                                                                 generated at a maximum rate of 90 cubic yards
                                                                 per calendar year after October 9, 2008.
                                                                For the exclusion to be valid, Lockheed Martin
                                                                 Aeronautics Company must implement a
                                                                 verification testing program that meets the
                                                                 following Paragraphs:
                                                                (1) Delisting Levels: All concentrations for
                                                                 those constituents must not exceed the maximum
                                                                 allowable concentrations in mg/l specified in
                                                                 this paragraph.
                                                                Sludge Leachable Concentrations (mg/l):
                                                                 Antimony--8.45; Arsenic--0.657; Barium--100.0;
                                                                 Cadmium--1.00; Chromium--5.0; Chromium,
                                                                 Hexavalent--5.0; Cobalt--1040; Copper--1810;
                                                                 Cyanide--240; Lead--5.0; Mercury--0.20; Nickel--
                                                                 1040; Selenium--1.0; Silver--5.0; Vanadium--
                                                                 51.5; Zinc--15800; Acetone--40600;
                                                                 Acetonitrile--766; Carbon Disulfide--4400;
                                                                 Ethylbenzene--846; Methyl Ethyl Ketone--200.0;
                                                                 Methyl Isobutyl Ketone--3610; Methylene
                                                                 Chloride--6.16; Toluene--1180; Xylenes--745.
                                                                (2) Waste Holding and Handling:

[[Page 59526]]

 
                                                                (A) Waste classification as non-hazardous can
                                                                 not begin until compliance with the limits set
                                                                 in paragraph (1) for sludge has occurred for
                                                                 two consecutive quarterly sampling events.
                                                                (B) If constituent levels in any sample taken by
                                                                 Lockheed Martin Aeronautics Company exceed any
                                                                 of the delisting levels set in paragraph (1)
                                                                 for the sludge, Lockheed Martin Aeronautics
                                                                 Company must do the following:
                                                                (i) notify EPA in accordance with paragraph (6)
                                                                 and
                                                                (ii) manage and dispose the sludge as hazardous
                                                                 waste generated under Subtitle C of RCRA.
                                                                (3) Testing Requirements:
                                                                Upon this exclusion becoming final, Lockheed
                                                                 Martin Aeronautics Company may perform
                                                                 quarterly analytical testing by sampling and
                                                                 analyzing the sludge as follows:
                                                                (A) Quarterly Testing:
                                                                (i) Collect two representative composite samples
                                                                 of the sludge at quarterly intervals after EPA
                                                                 grants the final exclusion. The first composite
                                                                 samples may be taken at any time after EPA
                                                                 grants the final approval. Sampling should be
                                                                 performed in accordance with the sampling plan
                                                                 approved by EPA in support of the exclusion.
                                                                (ii) Analyze the samples for all constituents
                                                                 listed in paragraph (1). Any composite sample
                                                                 taken that exceeds the delisting levels listed
                                                                 in paragraph (1) for the sludge must be
                                                                 disposed as hazardous waste in accordance with
                                                                 the applicable hazardous waste requirements.
                                                                (iii) Within thirty (30) days after taking each
                                                                 quarterly sample, Lockheed Martin Aeronautics
                                                                 Company will report its quarterly analytical
                                                                 test data to EPA. If levels of constituents
                                                                 measured in the samples of the sludge do not
                                                                 exceed the levels set forth in paragraph (1) of
                                                                 this exclusion for two consecutive quarters or
                                                                 sampling events, Lockheed Martin Aeronautics
                                                                 Company can manage and dispose the non-
                                                                 hazardous sludge according to all applicable
                                                                 solid waste regulations.
                                                                (B) Annual Testing:
                                                                (i) If Lockheed Martin Aeronautics Company
                                                                 completes the quarterly testing specified in
                                                                 paragraph (3) above and no sample contains a
                                                                 constituent at a level which exceeds the limits
                                                                 set forth in paragraph (1), Lockheed Martin
                                                                 Aeronautics Company may begin annual testing as
                                                                 follows: Lockheed Martin Aeronautics Company
                                                                 must test two representative composite samples
                                                                 of the sludge for all constituents listed in
                                                                 paragraph (1) at least once per calendar year.
                                                                (ii) The samples for the annual testing shall be
                                                                 a representative composite sample according to
                                                                 appropriate methods. As applicable to the
                                                                 method-defined parameters of concern, analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11 must
                                                                 be used without substitution. As applicable,
                                                                 the SW-846 methods might include Methods 0010,
                                                                 0011, 0020, 0023A, 0030, 0031, 0040, 0050,
                                                                 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B,
                                                                 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C,
                                                                 9045D, 9060A, 9070A (uses EPA Method 1664, Rev.
                                                                 A), 9071B, and 9095B. Methods must meet
                                                                 Performance Based Measurement System Criteria
                                                                 in which the Data Quality Objectives are to
                                                                 demonstrate that samples of the Lockheed Martin
                                                                 Aeronautics Company sludge are representative
                                                                 for all constituents listed in paragraph (1).
                                                                (iii) The samples for the annual testing taken
                                                                 for the second and subsequent annual testing
                                                                 events shall be taken within the same calendar
                                                                 month as the first annual sample taken.
                                                                (iv) The annual testing report should include
                                                                 the total amount of waste in cubic yards
                                                                 disposed during the calendar year.
                                                                (4) Changes in Operating Conditions: If Lockheed
                                                                 Martin Aeronautics Company significantly
                                                                 changes the process described in its petition
                                                                 or starts any processes that generate(s) the
                                                                 waste that may or could affect the composition
                                                                 or type of waste generated (by illustration,
                                                                 but not limitation, changes in equipment or
                                                                 operating conditions of the treatment process),
                                                                 it must notify EPA in writing and it may no
                                                                 longer handle the wastes generated from the new
                                                                 process as non-hazardous until the wastes meet
                                                                 the delisting levels set in paragraph (1) and
                                                                 it has received written approval to do so from
                                                                 EPA.
                                                                Lockheed Martin Aeronautics Company must submit
                                                                 a modification to the petition complete with
                                                                 full sampling and analysis for circumstances
                                                                 where the waste volume changes and/or
                                                                 additional waste codes are added to the waste
                                                                 stream.
                                                                (5) Data Submittals:
                                                                Lockheed Martin Aeronautics Company must submit
                                                                 the information described below. If Lockheed
                                                                 Martin Aeronautics Company fails to submit the
                                                                 required data within the specified time or
                                                                 maintain the required records on-site for the
                                                                 specified time, EPA, at its discretion, will
                                                                 consider this sufficient basis to reopen the
                                                                 exclusion as described in paragraph (6).
                                                                 Lockheed Martin Aeronautics Company must:
                                                                (A) Submit the data obtained through paragraph
                                                                 (3) to the Chief, Corrective Action and Waste
                                                                 Minimization Section, Multimedia Planning and
                                                                 Permitting Division, U.S. Environmental
                                                                 Protection Agency Region 6, 1445 Ross Ave.,
                                                                 Dallas, Texas, 75202, within the time
                                                                 specified. All supporting data can be submitted
                                                                 on CD-ROM or some comparable electronic media.
                                                                (B) Compile records of analytical data from
                                                                 paragraph (3), summarized, and maintained on-
                                                                 site for a minimum of five years.
                                                                (C) Furnish these records and data when either
                                                                 EPA or the State of Texas requests them for
                                                                 inspection.

[[Page 59527]]

 
                                                                (D) Send along with all data a signed copy of
                                                                 the following certification statement, to
                                                                 attest to the truth and accuracy of the data
                                                                 submitted:
                                                                ``Under civil and criminal penalty of law for
                                                                 the making or submission of false or fraudulent
                                                                 statements or representations (pursuant to the
                                                                 applicable provisions of the Federal Code,
                                                                 which include, but may not be limited to, 18
                                                                 U.S.C. 1001 and 42 U.S.C. 6928), I certify that
                                                                 the information contained in or accompanying
                                                                 this document is true, accurate and complete.
                                                                As to the (those) identified section(s) of this
                                                                 document for which I cannot personally verify
                                                                 its (their) truth and accuracy, I certify as
                                                                 the company official having supervisory
                                                                 responsibility for the persons who, acting
                                                                 under my direct instructions, made the
                                                                 verification that this information is true,
                                                                 accurate and complete.
                                                                If any of this information is determined by EPA
                                                                 in its sole discretion to be false, inaccurate
                                                                 or incomplete, and upon conveyance of this fact
                                                                 to the company, I recognize and agree that this
                                                                 exclusion of waste will be void as if it never
                                                                 had effect or to the extent directed by EPA and
                                                                 that the company will be liable for any actions
                                                                 taken in contravention of the company's RCRA
                                                                 and CERCLA obligations premised upon the
                                                                 company's reliance on the void exclusion.''
                                                                (6) Reopener:
                                                                (A) If, anytime after disposal of the delisted
                                                                 waste Lockheed Martin Aeronautics Company
                                                                 possesses or is otherwise made aware of any
                                                                 environmental data (including but not limited
                                                                 to leachate data or ground water monitoring
                                                                 data) or any other data relevant to the
                                                                 delisted waste indicating that any constituent
                                                                 identified for the delisting verification
                                                                 testing is at level higher than the delisting
                                                                 level allowed by the Division Director in
                                                                 granting the petition, then the facility must
                                                                 report the data, in writing, to the Division
                                                                 Director within 10 days of first possessing or
                                                                 being made aware of that data.
                                                                (B) If either the quarterly or annual testing of
                                                                 the waste does not meet the delisting
                                                                 requirements in paragraph 1, Lockheed Martin
                                                                 Aeronautics Company must report the data, in
                                                                 writing, to the Division Director within 10
                                                                 days of first possessing or being made aware of
                                                                 that data.
                                                                (C) If Lockheed Martin Aeronautics Company fails
                                                                 to submit the information described in
                                                                 paragraphs (5), (6)(A) or (6)(B) or if any
                                                                 other information is received from any source,
                                                                 the Division Director will make a preliminary
                                                                 determination as to whether the reported
                                                                 information requires EPA action to protect
                                                                 human health and/or the environment. Further
                                                                 action may include suspending, or revoking the
                                                                 exclusion, or other appropriate response
                                                                 necessary to protect human health and the
                                                                 environment.
                                                                (D) If the Division Director determines that the
                                                                 reported information requires action by EPA,
                                                                 the Division Director will notify the facility
                                                                 in writing of the actions the Division Director
                                                                 believes are necessary to protect human health
                                                                 and the environment. The notice shall include a
                                                                 statement of the proposed action and a
                                                                 statement providing the facility with an
                                                                 opportunity to present information as to why
                                                                 the proposed EPA action is not necessary. The
                                                                 facility shall have 10 days from the date of
                                                                 the Division Director's notice to present such
                                                                 information.
                                                                (E) Following the receipt of information from
                                                                 the facility described in paragraph (6)(D) or
                                                                 (if no information is presented under paragraph
                                                                 (6)(D)) the initial receipt of information
                                                                 described in paragraphs (5), (6)(A) or (6)(B),
                                                                 the Division Director will issue a final
                                                                 written determination describing EPA actions
                                                                 that are necessary to protect human health and/
                                                                 or the environment. Any required action
                                                                 described in the Division Director's
                                                                 determination shall become effective
                                                                 immediately, unless the Division Director
                                                                 provides otherwise.
                                                                (7) Notification Requirements: Lockheed Martin
                                                                 Aeronautics Company must do the following
                                                                 before transporting the delisted waste. Failure
                                                                 to provide this notification will result in a
                                                                 violation of the delisting petition and a
                                                                 possible revocation of the decision.
                                                                (A) Provide a one-time written notification to
                                                                 any state Regulatory Agency to which or through
                                                                 which it will transport the delisted waste
                                                                 described above for disposal, 60 days before
                                                                 beginning such activities.
                                                                (B) Update one-time written notification, if it
                                                                 ships the delisted waste into a different
                                                                 disposal facility.
                                                                (C) Failure to provide this notification will
                                                                 result in a violation of the delisting variance
                                                                 and a possible revocation of the decision.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 59528]]

 [FR Doc. E8-24009 Filed 10-8-08; 8:45 am]
BILLING CODE 6560-50-P


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