[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Proposed Rules]
[Pages 50348-50358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23683]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2017-0556; FRL-9970-10-Region 6]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
grant a petition submitted by Blanchard Refining Company LLC--
(Blanchard) to exclude (or delist) the residual solids generated from 
the reclamation of oil bearing hazardous secondary materials (OBSMs) 
on-site at Blanchard's Galveston Bay Refinery (GBR), located in Texas 
City, Texas from the lists of hazardous wastes. EPA used the Delisting 
Risk Assessment Software (DRAS) Version 3.0.35 in the evaluation of the 
impact of the petitioned waste on human health and the environment.

DATES: We will accept comments until November 30, 2017. We will stamp 
comments received after the close of the comment period as late. These 
late comments may or may not be considered in formulating a final 
decision. Your requests for a hearing must reach EPA by November 15, 
2017. The request must contain the information prescribed in 40 CFR 
260.20(d) (hereinafter all CFR cites refer to 40 CFR unless otherwise 
stated).

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2017-0556, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia

[[Page 50349]]

submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For technical information regarding 
the Blanchard Refinery petition, contact Michelle Peace at 214-665-7430 
or by email at <a href="/cdn-cgi/l/email-protection#cabaafaba9afe4a7a3a9a2afa6a6af8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="cfbfaaaeacaae1a2a6aca7aaa3a3aa8faabfaee1a8a0b9">[email protected]</span></a>.
    Your requests for a hearing must reach EPA by November 15, 2017. 
The request must contain the information described in 40 CFR 260.20(d).

SUPPLEMENTARY INFORMATION: Blanchard submitted a petition under 40 CFR 
260.20 and 260.22(a). Section 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of parts 260 through 
266, 268 and 273. Section 260.22(a) specifically provides generators 
the opportunity to petition the Administrator to exclude a waste on a 
``generator specific'' basis from the hazardous waste lists. EPA bases 
its proposed decision to grant the petition on an evaluation of waste-
specific information provided by the petitioner. This decision, if 
finalized, would conditionally exclude the petitioned waste from the 
requirements of hazardous waste regulations under the Resource 
Conservation and Recovery Act (RCRA).
    If finalized, EPA would conclude that Blanchard's petitioned waste 
is non-hazardous with respect to the original listing criteria. EPA 
would also conclude that Blanchard's reclamation process minimizes 
short-term and long-term threats from the petitioned waste to human 
health and the environment.

Table of Contents

    The information in this section is organized as follows:

I. Overview Information
    A. What action is EPA proposing?
    B. Why is EPA proposing to approve this delisting?
    C. How will Blanchard manage the waste if it is delisted?
    D. When would the proposed delisting exclusion be finalized?
    E. How would this action affect the states?
II. Background
    A. What is the history of the delisting program?
    B. What is a delisting petition, and what does it require of a 
petitioner?
    C. What factors must EPA consider in deciding whether to grant a 
delisting petition?
III. EPA's Evaluation of the Waste Information and Data
    A. What wastes did Blanchard petition EPA to delist?
    B. Who is Blanchard and what process does it use to generate the 
petitioned waste?
    C. How did Blanchard sample and analyze the data in this 
petition?
    D. What were the results of Blanchard's sample analysis?
    E. How did EPA evaluate the risk of delisting this waste?
    F. What did EPA conclude about Blanchard's analysis?
    G. What other factors did EPA consider in its evaluation?
    H. What is EPA's evaluation of this delisting petition?
IV. Next Steps
    A. With what conditions must the petitioner comply?
    B. What happens if Blanchard violates the terms and conditions?
V. Public Comments
    A. How can I as an interested party submit comments?
    B. How may I review the docket or obtain copies of the proposed 
exclusions?
VI. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA proposing?

    EPA is proposing to approve the delisting petition submitted by 
Blanchard to have the residual solids excluded, or delisted from the 
definition of a hazardous waste. The residual solids are listed as 
F037. Blanchard's residual solids are listed as a hazardous waste, 
based on the potential presence of Appendix VII inorganic constituents 
of concern, lead and chromium, and Appendix VII organic constituents of 
concern benzene, benzo(a)pyrene and chrysene.

B. Why is EPA proposing to approve this delisting?

    Blanchard's petition requests an exclusion from the F037 waste 
listing pursuant to 40 CFR 260.20 and 260.22. Blanchard does not 
believe that the petitioned waste meets the criteria for which EPA 
listed it. Blanchard 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 (HSWA). 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 
initial delisting determination, EPA evaluated the petitioned waste 
against the listing criteria and factors cited in Sec. 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 was 
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 proposed decision to delist waste from 
Blanchard is based on the information submitted in support of this 
rule, including descriptions of the wastes and analytical data 
resulting from Blanchard's delisting demonstration conducted on the 
petitioned waste.

C. How will Blanchard manage the waste if it is delisted?

    If the residual solids are delisted, contingent upon approval of 
the delisting petition, storage containers with Blanchard's delisted 
residual solids will be transported to an authorized, solid waste 
landfill (e.g. RCRA Subtitle D landfill, commercial/industrial solid 
waste landfill, etc.) for disposal. Any plans for recycling must be 
addressed through the Hazardous Waste Recycling regulations.

D. When would the proposed delisting exclusion be finalized?

    RCRA section 3001(f) specifically requires EPA to provide a notice 
and an opportunity for comment before granting or denying a final 
exclusion. Thus, EPA will not grant the exclusion until it addresses 
all timely public comments (including those at public hearings, if any) 
on this proposal.
    RCRA section 3010(b)(1) at 42 USCA 6930(b)(1), allows rules to 
become effective in less than six months when the regulated facility 
does not need the six-month period to come into compliance. That is the 
case here, because this rule, if finalized, would reduce the existing 
requirements for persons generating hazardous wastes.
    EPA believes that this exclusion should be effective immediately 
upon final publication because a six-month deadline is not necessary to 
achieve the purpose of section 3010(b), and a later effective date 
would impose unnecessary hardship and expense on this petitioner. These 
reasons also provide good cause for making this rule effective 
immediately, upon final

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publication, under the Administrative Procedure Act, 5 U.S.C. 553(d).

E. How would this action affect the 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, Illinois) to administer a 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 Blanchard transports the delisted waste to or manages the delisted 
waste in any state with delisting authorization, Blanchard must obtain 
delisting authorization from that state before it can manage the 
delisted waste as non-hazardous in the state.

II. Background

A. What is the history of the delisting program?

    EPA published an amended list of hazardous wastes from non-specific 
and specific sources on January 16, 1981, as part of its final and 
interim final regulations implementing section 3001 of RCRA. EPA has 
amended this list several times and published it in 40 CFR 261.31 and 
261.32.
    EPA lists these wastes as hazardous because: (1) The wastes 
typically and frequently exhibit one or more of the characteristics of 
hazardous wastes identified in Subpart C of part 261 (that is, 
ignitability, corrosivity, reactivity, and toxicity), (2) the wastes 
meet the criteria for listing contained in Sec.  261.11(a)(2) or 
(a)(3), or (b) the wastes are mixed with or derived from the treatment, 
storage or disposal of such characteristic and listed wastes and which 
therefore become hazardous under Sec.  261.3(a)(2)(iv) or (c)(2)(i), 
known as the ``mixture'' or ``derived-from'' rules, respectively.
    Individual waste streams may vary, however, depending on raw 
materials, industrial processes, and other factors. Thus, while a waste 
described in these regulations or resulting from the operation of the 
mixture or derived-from rules generally is hazardous, a specific waste 
from an individual facility 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 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 EPA or an 
authorized state to exclude wastes from the list of hazardous wastes. 
The facility petitions EPA because it does not consider the wastes 
hazardous under RCRA regulations.
    In a delisting petition, the petitioner must show that wastes 
generated at a particular facility do not meet any of the criteria for 
which the waste was listed. The criteria for which EPA lists a waste 
are in part 261 and further explained in the background documents for 
the listed waste.
    In addition, under 40 CFR 260.22, a petitioner must prove that the 
waste does not exhibit any of the hazardous waste characteristics (that 
is, ignitability, reactivity, corrosivity, and toxicity) and present 
sufficient information for EPA to decide whether factors other than 
those for which the waste was listed warrant retaining it as a 
hazardous waste. (See part 261 and the background documents for the 
listed waste.)
    Generators remain obligated under RCRA to confirm whether their 
waste remains non-hazardous based on the hazardous waste 
characteristics, even if EPA has ``delisted'' the waste.

C. What factors must EPA consider in deciding whether to grant a 
delisting petition?

    Besides considering the criteria in 40 CFR 260.22(a) and Sec.  
3001(f) of RCRA, 42 U.S.C. 6921(f), and in the background documents for 
the listed wastes, EPA must consider any factors (including additional 
constituents) other than those for which EPA listed the waste, if a 
reasonable basis exists that these additional factors could cause the 
waste to be hazardous.
    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 Sec.  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).

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

A. What wastes did Blanchard petition EPA to Delist?

    In June 2017, Blanchard petitioned EPA to exclude from the lists of 
hazardous wastes contained in Sec. Sec.  261.31 and 261.32, residual 
solids (F037) generated during reclamation activities conducted at its 
GBR facility located in Texas City, Texas. The waste falls under the 
classification of listed waste pursuant to Sec. Sec.  261.31 and 
261.32. Specifically, in its petition, Blanchard requested that EPA 
grant a conditional exclusion for the annual generation volume of 
20,000 cubic yards of F037 residual solids.

B. Who is Blanchard and what process does it use to generate the 
petitioned waste?

    Blanchard owns and operates the GBR facility, located in Texas 
City, Galveston County, Texas. Blanchard is a wholly-owned subsidiary 
of Marathon Petroleum Company LP. Blanchard's demonstration evaluated 
representative samples of its residual solids resulting from the 
indirect thermal desorption reclamation of OBSMs managed on-site at 
Blanchard's GBR facility. OBSMs managed on-site at Blanchard's GBR 
facility result from separate management practices within GBR's 
petroleum refining operations. Blanchard's approved Sampling and 
Analysis Plan (SAP) identified three (3) management practices, which 
result in the generation of three (3) corresponding categories of OBSMs 
with unique physical properties. The three (3) identified categories of 
Blanchard's OBSMs include, Category 1, Oil/Water/Solid Separation 
Sludges (K048 through K052, F037 and F038); Category 2, Crude Oil and 
Clarified Slurry Oil Sediments (K169 and K170); and Category 3, 
Stabilized Spent Hydrotreating and Hydrorefining Catalysts (K171 and 
K172).
    Blanchard's demonstration utilized a commercial indirectly-fired 
thermal desorption unit (``ITDU'') located at US Ecology Texas' 
(``USET'') permitted commercial facility in Robstown, Texas. Blanchard 
considered it prudent to

[[Page 50351]]

utilize USET's ITDU to avoid having to invest the significant capital 
and resources required to site and construct a full-scale ITDU on-site 
at Blanchard's GBR facility, prior to receiving an approved delisting 
determination. The EPA acknowledged Blanchard's use of USET's 
commercial ITDU to perform its demonstration, under its approved SAP.
    USET's commercial ITDU was designed and constructed by TD*X 
Associates LP (``TD*X''), located in Beaumont, Texas. TD*X currently 
operates the commercial ITDU on-site at USET's Robstown facility, under 
contract with USET. USET has extensive experience in the management and 
processing of Blanchard's OBSMs, and is currently contracted with 
Blanchard to provide such services at USET's Robstown facility.
    Blanchard has entered into a services agreement with US Ecology 
Thermal Services LLC (``USETS'') to provide and operate an ITDU, on-
site at its GBR facility. USETS is the refinery services affiliate of 
USET. Blanchard's proposed ITDU will be designed, constructed and 
operated by TD*X, as part of USETS's services agreement with Blanchard. 
The processing capabilities, efficiencies and capacity of Blanchard's 
proposed ITDU are comparable to USET's commercial ITDU that was 
utilized under Blanchard's demonstration.

C. How did Blanchard sample and analyze the data in this petition?

    To support its petition, Blanchard conducted individual sampling 
events on residual solids resulting from the reclamation of Blanchard's 
three (3) identified categories of OBSMs. Each separate sampling event 
consisted of four (4) composite samples taken during a 24-hour period 
of representative operation. Each composite sample was comprised of 
individual grab samples (i.e. a minimum of four), obtained during 
separate six (6) hour periods of the 24-hour sampling event. 
Compositing of samples and performance of quality control requirements 
were performed by Blanchard's selected analytical laboratory, 
TestAmerica Laboratories, Inc. (``TestAmerica''). Blanchard submitted: 
Historical information on waste generation and management practices; 
and analytical results from twelve samples for total and TCLP 
concentrations of constituents of concern (COC)s.

D. What were the results of Blanchard's sample analyses?

    EPA believes that the descriptions of the Blanchard analytical 
characterization provide a reasonable basis to grant Blanchard's 
petition for an exclusion of the residual solids. EPA believes the data 
submitted in support of the petition show the residual solids is non-
hazardous. Analytical data for the residual solids samples were used in 
the DRAS to develop delisting levels. The residual solids from Category 
3 can only be delisted if stabilization of the residual solids occur. 
Data from the stabilized Category 3 residual solids demonstrate the 
concentrations from the stabilized residuals meet the delisting 
requirements. The data summaries for COCs are presented in Table I. EPA 
has reviewed the sampling procedures used by Blanchard and has 
determined that it satisfies EPA criteria for collecting representative 
samples of the variations in constituent concentrations in the residual 
solids. In addition, the data submitted in support of the petition show 
that COCs in Blanchard's waste are presently below health-based levels 
used in the delisting decision-making. EPA believes that Blanchard has 
successfully demonstrated that the residual solids are non-hazardous.

                      Table 1--Analytical Results/Maximum Allowable Delisting Concentration
                      [Residual solids--Blanchard Refining Company LLC, Texas City, Texas]
----------------------------------------------------------------------------------------------------------------
                                                                   Maximum total   Maximum TCLP    Maximum TCLP
                           Constituent                             concentration   concentration     delisting
                                                                      (mg/kg)         (mg/L)       level (mg/L)
----------------------------------------------------------------------------------------------------------------
Acetone.........................................................           0.185           0.226           520.0
Antimony........................................................            53.7           0.226           0.599
Anthracene......................................................           0.488         <0.0125          25.993
Arsenic.........................................................           222.0           0.277           0.424
Barium..........................................................           950.0           0.221            36.0
Benzene.........................................................            1.25        <0.00280           0.077
Benzo (a) anthracene............................................           0.512         <0.0106           0.070
Benzo(a) pyrene.................................................          0.0298         <0.0123           2.634
Benzo (b) flouranthene..........................................           0.286         <0.0125           22.43
Beryllium.......................................................            8.61           0.235           1.764
Cadmium.........................................................           0.441        <0.00280           0.217
Chromium........................................................           120.0          0.0550            3.06
Chrysene........................................................           0.272         <0.0103           7.006
Cobalt..........................................................           242.0           0.818           0.902
Copper..........................................................           639.0         <0.0813          21.527
Cyanide.........................................................            99.4         <0.0702            3.08
Diethyl Phthalate...............................................           0.493         <0.0130             990
Flouranthrene...................................................           0.405         <0.0122           2.462
Flourene........................................................           0.420        <0.00710            4.91
Lead............................................................           963.0         <0.0219           0.984
2, methylphenol.................................................            1.31        <0.00710          28.952
3,4 methylphenol................................................            2.18        <0.00675          28.952
Methylene Chloride..............................................           0.827         0.00756          0.0790
Methyl Naphthalene..............................................           0.365         <0.0129           0.727
Mercury.........................................................          0.0403        0.000104           0.068
Naphthalene.....................................................           0.874         <0.0110          0.0327
Nickel..........................................................          29,000        <0.00800            13.5
Phenanthrene....................................................            2.16         <0.0112          10.626
Phenol..........................................................            6.55         0.00813             173
Pyrene..........................................................            1.76         <0.0150           4.446

[[Page 50352]]

 
Pyridine........................................................           0.197         <0.0108          0.5775
Selenium........................................................            13.5          0.0530             1.0
Silver..........................................................            1.86         <0.0129             5.0
Toluene.........................................................           0.670        <0.00275            15.1
Tin.............................................................            13.8        <0.00590             387
Thallium........................................................           110.0          0.0220          0.0366
Vanadium........................................................          75,400           0.215          4.6436
Zinc............................................................          1920.0           0.487             197
----------------------------------------------------------------------------------------------------------------
Notes: These levels represent the highest constituent concentration found in any one sample and does not
  necessarily represent the specific level found in one sample.

E. How did EPA evaluate the risk of delisting the waste?

    For this delisting determination, EPA used such information 
gathered to identify plausible exposure routes (i.e. groundwater, 
surface water, air) for hazardous constituents present in the 
petitioned waste. EPA determined that disposal in a landfill is the 
most reasonable, worst-case disposal scenario for Blanchard's 
petitioned waste. EPA applied the Delisting Risk Assessment Software 
(DRAS) described in 65 FR 58015 (September 27, 2000) and 65 FR 75637 
(December 4, 2000), to predict the maximum allowable concentrations of 
hazardous constituents that may be released from the petitioned waste 
after disposal and determined the potential impact of the disposal of 
Blanchard's petitioned waste on human health and the environment. A 
copy of this software can be found on the world wide web at f://
www.epa.gov/reg5rcra/wptdiv/hazardous/delisting/dras-software.html. In 
assessing potential risks to groundwater, EPA used the maximum waste 
volumes and the maximum reported extract concentrations as inputs to 
the DRAS program to estimate the constituent concentrations in the 
groundwater at a hypothetical receptor well down gradient from the 
disposal site. Using the risk level (carcinogenic risk of 10\-5\ and 
non-cancer hazard index of 1.0), the DRAS program can back-calculate 
the acceptable receptor well concentrations (referred to as compliance-
point concentrations) using standard risk assessment algorithms and EPA 
health-based numbers. Using the maximum compliance-point concentrations 
and EPA's Composite Model for Underflow Water Migration with 
Transformation Products (EPACMTP) fate and transport modeling factors, 
the DRAS further back-calculates the maximum permissible waste 
constituent concentrations not expected to exceed the compliance-point 
concentrations in groundwater.
    EPA believes that the EPACMTP fate and transport model represents a 
reasonable worst-case scenario for possible groundwater contamination 
resulting from disposal of the petitioned waste in a surface 
impoundment, and that a reasonable worst-case scenario is appropriate 
when evaluating whether a waste should be relieved of the protective 
management constraints of RCRA Subtitle C. The use of some reasonable 
worst-case scenarios resulted in conservative values for the 
compliance-point concentrations and ensures that the waste, once 
removed from hazardous waste regulation, will not pose a significant 
threat to human health or the environment.
    The DRAS also uses the maximum estimated waste volumes and the 
maximum reported total concentrations to predict possible risks 
associated with releases of waste constituents through surface pathways 
(e.g. volatilization from the impoundment). As in the above groundwater 
analyses, the DRAS uses the risk level, the health-based data and 
standard risk assessment and exposure algorithms to predict maximum 
compliance-point concentrations of waste constituents at a hypothetical 
point of exposure. Using fate and transport equations, the DRAS uses 
the maximum compliance-point concentrations and back-calculates the 
maximum allowable waste constituent concentrations (or ``delisting 
levels'').
    In most cases, because a delisted waste is no longer subject to 
hazardous waste control, EPA is generally unable to predict, and does 
not presently control, how a petitioner will manage a waste after 
delisting. Therefore, EPA currently believes that it is inappropriate 
to consider extensive site-specific factors when applying the fate and 
transport model. EPA does control the type of unit where the waste is 
disposed. The waste must be disposed in the type of unit the fate and 
transport model evaluates.
    The DRAS results which calculate the maximum allowable 
concentration of chemical constituents in the waste are presented in 
Table I. Based on the comparison of the DRAS and TCLP Analyses results 
found in Table I, the petitioned waste should be delisted because no 
COCs tested are likely to be present or formed as reaction products or 
by-products in Blanchard's waste.

F. What did EPA conclude about Blanchard's waste analysis?

    EPA concluded, after reviewing Blanchard's processes, that no other 
hazardous COCs, other than those for which tested, are likely to be 
present or formed as reaction products or by-products in the waste. In 
addition, on the basis of explanations and analytical data provided by 
Blanchard, pursuant to Sec.  260.22, EPA concludes that the petitioned 
waste does not exhibit any of the characteristics of ignitability, 
corrosivity, reactivity or toxicity. See Sec. Sec.  261.21, 261.22 and 
261.23, respectively.

G. What other factors did EPA consider in its evaluation?

    During the evaluation of Blanchard's petition, EPA also considered 
the potential impact of the petitioned waste via non-groundwater routes 
(i.e. air emission and surface runoff). With regard to airborne 
dispersion in particular, EPA believes that exposure to airborne 
contaminants from Blanchard's petitioned waste is unlikely. Therefore, 
no appreciable air releases are likely from Blanchard's residual solids 
under any likely disposal conditions. EPA evaluated the potential 
hazards resulting from the unlikely scenario of airborne exposure to 
hazardous constituents released from

[[Page 50353]]

Blanchard's residual solids in an open landfill. The results of this 
worst-case analysis indicated that there is no substantial present or 
potential hazard to human health and the environment from airborne 
exposure to constituents from Blanchard's residual solids.

H. What is EPA's evaluation of this delisting petition?

    The descriptions of Blanchard's hazardous waste process and 
analytical characterization provide a reasonable basis for EPA to grant 
the exclusion. The data submitted in support of the petition show that 
constituents in the waste are below the leachable concentrations (see 
Table I). EPA believes that Blanchard's residual solids will not impose 
any threat to human health and the environment.
    Thus, EPA believes Blanchard should be granted an exclusion for the 
residual solids. EPA believes the data submitted in support of the 
petition show Blanchard's residual solids is non-hazardous. The data 
submitted in support of the petition show that constituents in 
Blanchard's waste is presently below the compliance point 
concentrations used in the delisting decision and would not pose a 
substantial hazard to the environment. EPA believes that Blanchard has 
successfully demonstrated that the residual solids sludge is non-
hazardous.
    EPA therefore, proposes to grant an exclusion to Blanchard for the 
residual solids described in its petition. EPA's decision to exclude 
this waste is based on descriptions of the treatment activities 
associated with the petitioned waste and characterization of the 
residual solids.
    If EPA finalizes the proposed rule, EPA will no longer regulate the 
petitioned waste under Parts 262 through 268 and the permitting 
standards of Part 270.

IV. Next Steps

A. With what conditions must the petitioner comply?

    The petitioner, Blanchard, must comply with the requirements in 40 
CFR part 261, Appendix IX, Table 1. The text below gives the rationale 
and details of those requirements.
(1) Delisting Levels
    This paragraph provides the levels of constituents for which 
Blanchard must test the residual solids, below which these wastes would 
be considered non-hazardous. EPA selected the set of inorganic and 
organic constituents specified in Paragraph (1) of 40 CFR part 261, 
Appendix IX, Table 1, (the exclusion language) based on information in 
the petition. EPA compiled the inorganic and organic constituents list 
from the composition of the waste, descriptions of Blanchard's 
treatment process, previous test data provided for the waste, and the 
respective health-based levels used in delisting decision-making. These 
delisting levels correspond to the allowable levels measured in the 
TCLP concentrations.
(2) Waste Holding and Handling
    The purpose of this paragraph is to ensure that Blanchard manages 
and disposes of any residual solids that contains hazardous levels of 
inorganic and organic constituents according to Subtitle C of RCRA. 
Managing the residual solids as a hazardous waste until the 
verification testing is performed will protect against improper 
handling of hazardous material. If EPA determines that the data 
collected under this paragraph do not support the data provided for in 
the petition, the exclusion will not cover the petitioned waste. The 
exclusion is effective upon publication in the Federal Register but the 
disposal of Blanchard's residual solids as non-hazardous cannot begin 
until the verification sampling is completed.
(3) Verification, Subsequent, and Annual Testing Requirements
    Blanchard must complete a rigorous verification testing program on 
the residual solids to assure that the solids do not exceed the maximum 
levels specified in Paragraph (1) of the exclusion language. This 
verification program will occur as residual solids are discharged from 
Blanchard's reclamation process, prior to containment and disposal. The 
volume of residual solids generated may not exceed 20,000 cubic yards 
of sludge material annually. Any volume of residual solids generated in 
excess of 20,000 cubic yards during any twelve-month period must be 
disposed as hazardous wastes. If EPA determines that the data collected 
under this paragraph do not support the data provided for the petition, 
the exclusion will not cover the generated residual solids. If the data 
from the verification testing program demonstrate that the residual 
solids meet the delisting levels, Blanchard may commence disposing of 
the residual solids as non-hazardous solid waste. Blanchard will notify 
EPA in writing, if and when it begins and ends disposal of the delisted 
residual solids.
(4) Changes in Operating Conditions
    If Blanchard significantly changes the reclamation 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 as established under Paragraph (1) (by illustration, but not 
limitation, changes in equipment or operating conditions of the 
treatment process), they must notify EPA in writing. Blanchard may no 
longer handle the residual solids generated from the new process as 
non-hazardous until they have completed verification testing described 
in Paragraph (3)(A) and (B).
(5) Stabilization Operations
    Blanchard describes an application where it may periodically elect 
to modify operating conditions under its reclamation process to 
accommodate the addition of chemical stabilization reagents. The 
facility also provided data on stabilized materials as part of its 
petition. In the event Blanchard initiates the inclusion of 
stabilization during operation of its reclamation process, they may no 
longer handle the residual solids generated from the modified process 
as non-hazardous until the residual solids meet the delisting levels 
set in Paragraph (1) under initial verification testing requirements 
set in Paragraph (3)(A) and verify that no additional constituents are 
leaching from the stabilized residual solids. Following completion of 
modified operation of its reclamation process, Blanchard can resume 
normal operating conditions and testing requirements under Paragraph 
(3), which were in place prior to initiating the addition of 
stabilization.
(6) Data Submittals
    To provide appropriate documentation that Blanchard's residual 
solids meet the delisting levels, Blanchard must compile, summarize, 
and keep delisting records on-site for a minimum of five years. It 
should keep all analytical data obtained through Paragraph (3) of the 
exclusion language including quality control information for five 
years. Paragraph (4) of the exclusion language requires that Blanchard 
furnish these data upon request for inspection by any employee or 
representative of EPA or the State of Texas.
    If the proposed exclusion is made final, it will apply only to the 
volume of 20,000 cubic yards of residual solids generated annually at 
Blanchard's GBR facility after successful verification testing. EPA 
would require Blanchard to

[[Page 50354]]

file a new delisting petition for any volume of residual solids 
generated during any twelve-month period in excess of the 20,000 cubic 
yards, and manage the excess volume of residual solids as hazardous 
waste until EPA grants a new exclusion.
    When this exclusion becomes final, Blanchard's management of the 
residual solids covered by this petition would be relieved from 
Subtitle C jurisdiction, and the residual solids from Blanchard will be 
disposed of in an authorized, solid waste landfill (e.g. RCRA Subtitle 
D landfill, commercial/industrial solid waste landfill, etc.).
(7) Reopener
    The purpose of Paragraph (6) of the exclusion language is to 
require Blanchard to disclose new or different information related to a 
condition at Blanchard's facility or disposal of the waste, if it is 
pertinent to the delisting. Blanchard must also use this procedure, if 
the annual testing fails to meet the levels found in Paragraph (1). 
This provision will allow EPA to reevaluate the exclusion, if a source 
provides new or additional information to EPA. EPA will evaluate the 
information on which EPA 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 EPA to deny the petition, if presented. 
This provision expressly requires Blanchard to report differing site 
conditions or assumptions used in the petition, in addition to failure 
to meet the annual testing conditions within 10 days of discovery. If 
EPA discovers such information itself or from a third party, it can act 
on it as appropriate. The language being proposed is similar to those 
provisions found in RCRA regulations governing no-migration petitions 
at Sec.  268.6.
    EPA believes that it has the authority under RCRA and the 
Administrative Procedures Act (APA), 5 U.S.C. 551 (1978) et seq., to 
reopen a delisting decision. EPA may reopen a delisting decision when 
it receives new information that calls into question the assumptions 
underlying the delisting.
    EPA believes a clear statement of its authority in delisting is 
merited, in light of EPA's experience. See Reynolds Metals Company at 
62 FR 37694 and 62 FR 63458 where the delisted waste leached at greater 
concentrations in the environment than the concentrations predicted 
when conducting the TCLP, thus leading EPA to repeal the delisting. If 
an immediate threat to human health and the environment presents 
itself, EPA will continue to address these situations on a case-by-case 
basis. Where necessary, EPA will make a good cause finding to justify 
emergency rulemaking. See APA Sec.  553(b).
(8) Notification Requirements
    In order to adequately track wastes that have been delisted, EPA is 
requiring that Blanchard provide a one-time notification to any state 
regulatory agency through which or to which the delisted waste is being 
carried. Blanchard must provide this notification sixty (60) days 
before commencing this activity.

B. What happens if Blanchard violates the terms and conditions?

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

V. Public Comments

A. How can I as an interested party submit comments?

    EPA is requesting public comments on this proposed decision. Submit 
your comments, identified by Docket ID No. EPA-R06-RCRA-2017-0556, at 
https://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    You should submit requests for a hearing to Kishor Fruitwala, 
Section Chief (6MM-RP), Multimedia Division, Environmental Protection 
Agency (EPA), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202.

B. How may I review the docket or obtain copies of the proposed 
exclusion?

    You may review the RCRA regulatory docket for this proposed rule at 
the Environmental Protection Agency Region 6, 1445 Ross Avenue, Suite 
1200, Dallas, Texas 75202. It is available for viewing in EPA Freedom 
of Information Act Review Room from 9:00 a.m. to 4:00 p.m., Monday 
through Friday, excluding Federal holidays. Call (214) 665-6444 for 
appointments. The public may copy material from any regulatory docket 
at no cost for the first 100 pages, and at fifteen cents per page for 
additional copies. Docket materials are available either electronically 
in https://www.regulations.gov and you may also request the electronic 
files of the docket which do not appear on regulations.gov.

VI. 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 proposed 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 proposed rule does not have tribal implications,

[[Page 50355]]

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 DRAS, which considers health and safety 
risks to 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. Executive Order 
(EO) 12898 (59 FR 7629, February 16, 1994) establishes Federal 
executive policy on environmental justice. Its main provision directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The Agency's risk assessment did not identify risks from 
management of this material in an authorized, solid waste landfill 
(e.g. RCRA Subtitle D landfill, commercial/industrial solid waste 
landfill, etc.). Therefore, EPA believes that any populations in 
proximity of the landfills used by this facility should not be 
adversely affected by common waste management practices for this 
delisted waste.

Lists of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous Waste, Recycling, Reporting and 
record-keeping requirements.

    Dated: October 17, 2017.
Wren Stenger,
Director, Multimedia Division, Region 6.

    For the reasons set forth 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, 6924(y) and 
6938.

0
2. In Table 1 of Appendix IX to part 261 add the entry ``Blanchard 
Refining Company LLC'' in alphabetical order 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Blanchard Refining Company LLC....  Texas City, TX...............  Residual solids (EPA Hazardous Waste Numbers
                                                                    F037) generated at a maximum rate of as
                                                                    20,000 cubic yards annually.
                                                                   For the exclusion to be valid, Blanchard must
                                                                    implement a verification testing program
                                                                    that meets the following Paragraphs:
                                                                   (1) All leachable concentrations for those
                                                                    constituents must not exceed the following
                                                                    levels measured as mg/L (ppm). The
                                                                    petitioner must use an acceptable leaching
                                                                    method, for example SW-846, Method 1311, to
                                                                    measure constituents in the residual solids
                                                                    leachate.
                                                                   (A) Inorganic Constituents of Concern:
                                                                    Antimony--0.5985; Arsenic--0.424; Barium--
                                                                    36; Beryllium--1.74; Chromium--3.06; Cobalt--
                                                                    0.902; Lead--0.984; Nickel--13.5; Selenium--
                                                                    1.0; Vanadium--4.64, Zinc--197. Mercury--
                                                                    0.068.
                                                                   (B) Organic Constituents of Concern: Acetone--
                                                                    520.0; Anthracene--25.993; Benzene--0.077;
                                                                    Benzo(a)pyrene--2.634, Chrysene--7.006;
                                                                    Methylene Chloride--0.0790; Phenanthrene--
                                                                    10.626; Phenol--173; Pyrene--4.446.
                                                                   (2) Waste Holding and Handling:
                                                                   (A) Blanchard must manage and dispose its
                                                                    residual solids as hazardous waste generated
                                                                    under Subtitle C of RCRA, until they have
                                                                    completed verification testing described in
                                                                    Paragraph (3)(A) and (B), as appropriate,
                                                                    and valid analyses show that paragraph (1)
                                                                    is satisfied.
                                                                   (B) Levels of constituents measured in the
                                                                    samples of the residual solids that do not
                                                                    exceed the levels set forth in Paragraph (1)
                                                                    are nonhazardous. Blanchard can manage and
                                                                    dispose the nonhazardous residual solids
                                                                    according to all applicable solid waste
                                                                    regulations.

[[Page 50356]]

 
                                                                   (C) If constituent levels in a sample exceed
                                                                    any of the delisting levels set in Paragraph
                                                                    (1), Blanchard must retreat or stabilize the
                                                                    residual solids represented by the sample
                                                                    exceeding the delisting levels, until it
                                                                    meets the levels in paragraph (1). Blanchard
                                                                    must repeat the analyses of the retreated
                                                                    residual solids.
                                                                   (3) Verification Testing Requirements:
                                                                   Blanchard must perform analytical testing by
                                                                    sampling and analyzing the Residual solids
                                                                    as follows:
                                                                   (i) Collect representative samples of the
                                                                    Residual solids for analysis of all
                                                                    constituents listed in paragraph (1) prior
                                                                    to disposal.
                                                                   (ii) The samples for verification testing
                                                                    shall be a representative 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 Blanchard residual
                                                                    solids are representative for all
                                                                    constituents listed in paragraph (1).
                                                                   Blanchard must perform sample collection and
                                                                    analyses, including quality control
                                                                    procedures, according to SW-846
                                                                    methodologies.
                                                                   (A) Initial Verification Testing:
                                                                   After EPA grants the final exclusion,
                                                                    Blanchard must do the following:
                                                                   (i) Collect four (4) representative composite
                                                                    samples of the residual solids at weekly
                                                                    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
                                                                    residual solids must be disposed as
                                                                    hazardous waste in accordance with the
                                                                    applicable hazardous waste requirements.
                                                                   (iii) Within thirty (30) days after
                                                                    successfully completing its initial
                                                                    verification testing, Blanchard may report
                                                                    its analytical test data for its initial
                                                                    four (4) weekly composite samples to EPA. If
                                                                    levels of constituents measured in the
                                                                    samples of the residual solids do not exceed
                                                                    the levels set forth in paragraph (1) of
                                                                    this exclusion, Blanchard can manage and
                                                                    dispose the non-hazardous residual solids
                                                                    according to all applicable solid waste
                                                                    regulations.
                                                                   (B) Subsequent Verification Testing:
                                                                   If Blanchard completes initial verification
                                                                    testing requirements, specified in paragraph
                                                                    (3)(A), and no sample contains a constituent
                                                                    at a level which exceeds the limits set
                                                                    forth in paragraph (1), Blanchard may begin
                                                                    subsequent verification testing as follows:
                                                                   (i) Blanchard must test representative
                                                                    composite samples of the residual solids for
                                                                    all constituents listed in paragraph (1) at
                                                                    least once per month.
                                                                   (ii) The samples for the monthly testing
                                                                    shall be a representative composite sample
                                                                    according to appropriate methods.
                                                                   (iii) Within thirty (30) days after
                                                                    completing each monthly sampling, Blanchard
                                                                    will report its analytical test data to EPA.
                                                                   (C) Annual Verification Testing:
                                                                   If levels of constituents measured in the
                                                                    samples of the residual solids do not exceed
                                                                    the levels set forth in paragraph (1) of
                                                                    this exclusion for six (6) consecutive
                                                                    months of subsequent verification testing,
                                                                    Blanchard may begin annual testing as
                                                                    follows:
                                                                   (i) Blanchard must test representative
                                                                    composite samples of the residual solids 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.
                                                                   (iii) Within sixty (60) days after completing
                                                                    each annual sampling, Blanchard will report
                                                                    its analytical test data to EPA.
                                                                   (D) Termination of Organic Testing:
                                                                   Blanchard must continue testing as required
                                                                    under Paragraph (3)(B) for organic
                                                                    constituents in Paragraph (1)(B), until the
                                                                    analytical results submitted under Paragraph
                                                                    (3)(B) show a minimum of three (3)
                                                                    consecutive monthly samples below the
                                                                    delisting levels in Paragraph (1). Following
                                                                    receipt of approval from EPA in writing,
                                                                    Blanchard may terminate organic testing.
                                                                   (4) Changes in Operating Conditions:
                                                                   If Blanchard 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 as established under
                                                                    Paragraph (1) (by illustration, but not
                                                                    limitation, changes in equipment or
                                                                    operating conditions of the treatment
                                                                    process), they must notify EPA in writing.
                                                                    Blanchard may no longer handle the residual
                                                                    solids generated from the new process as
                                                                    nonhazardous until they have completed
                                                                    verification testing described in Paragraph
                                                                    (3)(A) and (B), as appropriate, documented
                                                                    that valid analyses show that paragraph (1)
                                                                    is satisfied, and received written approval
                                                                    from EPA.
                                                                   (5) Stabilization Operation:

[[Page 50357]]

 
                                                                   Blanchard may periodically elect to modify
                                                                    operating conditions to accommodate the
                                                                    addition of chemical stabilization reagents
                                                                    during indirect thermal desorption
                                                                    processing. In the event that Blanchard
                                                                    initiates the inclusion of stabilization
                                                                    during operation, they may no longer handle
                                                                    the residual solids generated from the
                                                                    modified process as nonhazardous until the
                                                                    residual solids meet the delisting levels
                                                                    set in Paragraph (1) under initial
                                                                    verification testing requirements set in
                                                                    paragraph (3)(A) and verify that the
                                                                    stabilization reagents do not add additional
                                                                    constituents to the residual solid leachate.
                                                                    Following completion of modified operation,
                                                                    Blanchard can resume normal operating
                                                                    conditions and testing requirements under
                                                                    Paragraph (3), which were in place prior to
                                                                    initiating stabilization during operation.
                                                                   (6) Data Submittals:
                                                                   Blanchard must submit the information
                                                                    described below. If Blanchard 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). Blanchard must:
                                                                   (A) Submit the data obtained through
                                                                    paragraph 3 to the Section Chief, 6MM-RP,
                                                                    Multimedia Division, U. S. Environmental
                                                                    Protection Agency Region 6, 1445 Ross Ave.,
                                                                    Suite 1200, Dallas, Texas 75202, within the
                                                                    time specified. All supporting data can be
                                                                    submitted on CD-ROM or 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.
                                                                   (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. Sec.   1001 and 42
                                                                    U.S.C. Sec.   6928), I certify that the
                                                                    information contained in or accompanying
                                                                    this document is true, accurate and
                                                                    complete.
                                                                   As to the (those) identified section(s) of
                                                                    this document for which I cannot personally
                                                                    verify its (their) truth and accuracy, I
                                                                    certify as the company official having
                                                                    supervisory responsibility for the persons
                                                                    who, acting under my direct instructions,
                                                                    made the verification that this information
                                                                    is true, accurate and complete.
                                                                   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.''
                                                                   (7) Reopener.
                                                                   (A) If, any time after disposal of the
                                                                    delisted waste Blanchard possesses or is
                                                                    otherwise made aware of any environmental
                                                                    data (including but not limited to underflow
                                                                    water 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 verification testing (and
                                                                    retest, if applicable) of the waste does not
                                                                    meet the delisting requirements in paragraph
                                                                    1, Blanchard 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 Blanchard 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 receipt 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.
                                                                   (8) Notification Requirements:
                                                                   Blanchard 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.

[[Page 50358]]

 
                                                                   (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) For onsite disposal, a notice should be
                                                                    submitted to the State to notify the State
                                                                    that disposal of the delisted materials has
                                                                    begun.
                                                                   (C) Update one-time written notification, if
                                                                    it ships the delisted waste into a different
                                                                    disposal facility.
                                                                   (D) Failure to provide this notification will
                                                                    result in a violation of the delisting
                                                                    exclusion and a possible revocation of the
                                                                    decision.
 
                                                  * * * * * * *
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[FR Doc. 2017-23683 Filed 10-30-17; 8:45 am]
BILLING CODE 6560-50-P


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