[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42033-42039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19439]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[SW-FRL-6409-3]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is granting a
petition submitted by Occidental Chemical Inc. (Occidental) to exclude
from hazardous waste control (or delist) a certain solid
[[Page 42034]]
waste. This action responds to the petition originally submitted by
Occidental Chemical to delist the Rockbox Residue on a ``generator
specific'' basis from the lists of hazardous waste. The EPA received a
notice from Oxy Vinyls, LP regarding a change in ownership. Effective
May 1, 1999, Oxy Vinyls, LP became the owner of Occidental Chemical
Corporation, Houston Chemical Complex, VCM Site. Oxy Vinyls has advised
the Agency that it wishes to proceed with the petition for delisting
submitted by Occidental Chemical. We have changed the references to
Occidental Chemical in the conditions of the delisting to Oxy Vinyls.
After careful analysis, the EPA has concluded that the petitioned
waste is not hazardous waste when disposed of in Subtitle D landfills/
surface impoundments. This exclusion applies to Rockbox Residue
generated at Oxy Vinyl's Deer Park, Texas facility. Accordingly, this
final rule excludes the petitioned waste from the requirements of
hazardous waste regulations under the Resource Conservation and
Recovery Act (RCRA) when disposed of in Subtitle D landfills/surface
impoundments but imposes testing conditions to ensure that the future-
generated wastes remain qualified for delisting.
EFFECTIVE DATE: August 3, 1999.
ADDRESSES: The public docket for this final rule is located at the U.S.
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, and is available for viewing in the EPA Freedom of
Information Act review room on the 7th floor from 9:00 a.m. to 4:00
p.m., Monday through Friday, excluding Federal holidays. Call (214)
665-6444 for appointments. The reference number for this docket is ``F-
97-TXDEL-OCCDEERPK''. 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: For general information, contact Bill
Gallagher, at (214) 665-6775. For technical information concerning this
notice, contact Michelle Peace, U.S. Environmental Protection Agency,
1445 Ross Avenue, Dallas, Texas, (214) 665-7430.
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 delisting?
C. What are the limits of this exclusion?
D. How will Oxy Vinyls manage the waste if it is delisted?
E. When is the final delisting exclusion effective?
F. How does this action affect states?
II. Background
A. What is a delisting petition?
B. What regulations allow facilities to delist a waste?
C. What information must the generator supply?
III. EPA's Evaluation of the Waste Data
A. What wastes did Oxy Vinyls petition EPA to delist?
B. How much wastes did Oxy Vinyls propose to delist?
C. How did Oxy Vinyls sample and analyze the waste data in this
petition?
IV. Public Comments Received on the Proposed Exclusion
A. Who submitted comments on the proposed rule?
B. Can Oxy Vinyl increase the waste volume?
C. Why wasn't the EPACMTP used?
I. Overview Information
A. What Action Is EPA Finalizing?
The EPA is finalizing:
(1) The decision to grant Oxy Vinyls' petition to have their
Rockbox Residue excluded, or delisted, from the definition of a
hazardous waste; and
(2) The use of the EPA Composite Model for Landfills as the fate
and transport model to evaluate the potential impact of the petitioned
waste on human health and the environment. The Agency used this model
to predict the concentration of hazardous constituents released from
the petitioned waste once it is disposed.
After evaluating the petition, EPA proposed, on February 19, 1999
to exclude the Oxy Vinyls' waste from the lists of hazardous wastes
under Secs. 261.31 and 261.32 (see 64 FR 8278).
B. Why Is EPA Approving This Delisting?
Oxy Vinyls petitioned to exclude the Rockbox Residue treatment
residues because it does not believe that the petitioned waste meets
the criteria for which it was listed.
Oxy Vinyls also believes that the waste does not contain any other
constituents that would render it hazardous. Review of this petition
included consideration of the original listing criteria, as well as the
additional listing criteria and the additional factors required by the
HSWA of 1984. See, section 222 of HSWA, 42 U.S.C. 6921(f), and 40 CFR
260.22(d)(2)-(4).
For reasons stated in both the proposal and this document, EPA
believes that Oxy Vinyls' Rockbox Residue should be excluded from
hazardous waste control. The EPA therefore is granting a final
exclusion to Oxy Vinyls, located in Deer Park, Texas for its Rockbox
Residue.
C. What Are the Limits of This Exclusion?
This exclusion applies to the waste described in the petition only
if the requirements described in Table 1 of part 261 and the conditions
contained herein are satisfied. The maximum annual volume of the
Rockbox Residue is 1,000 cubic yards.
D. How Will Oxy Vinyls Manage the Waste if It Is Delisted?
The Rockbox Residue is currently disposed of in an off-site
hazardous waste landfill. When delisted, the waste will be disposed of
in an off-site Subtitle D industrial landfill.
E. When Is the Final Delisting Exclusion Effective?
This rule is effective August 3, 1999. The Hazardous and Solid
Waste Amendments of 1984 amended section 3010 of RCRA to allow rules to
become effective in less than six months when the regulated community
does not need the six-month period to come into compliance. That is the
case here because this rule reduces, rather than increases, the
existing requirements for persons generating hazardous wastes. These
reasons also provide 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 Action Affect States?
Because EPA is issuing today's exclusion under the Federal RCRA
delisting program, only States subject to Federal RCRA delisting
provisions would be affected. This would exclude two categories of
States: States having a dual system that includes Federal RCRA
requirements and their own requirements, and States who have received
our authorization to make their own delisting decisions.
Here are the details: We allow states to impose their own non-RCRA
regulatory requirements that are more stringent than EPA's, under
section 3009 of RCRA. 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, we urge 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,
Georgia,
[[Page 42035]]
Illinois) to administer a delisting program in place of the Federal
program, that is, to make State delisting decisions. Therefore, this
exclusion does not apply in those authorized States. If Oxy Vinyls
transports the petitioned waste to or manages the waste in any State
with delisting authorization, Oxy Vinyls must obtain delisting
authorization from that State before they can manage the waste as
nonhazardous 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 from the list of hazardous
wastes, wastes the generator does not consider hazardous under RCRA.
B. What Regulations Allow Facilities To Delist a Waste?
Under 40 CFR 260.20 and 260.22, facilities may petition the EPA to
remove their wastes from hazardous waste control by excluding them from
the lists of hazardous wastes contained in Secs. 261.31 and 261.32.
Specifically, Sec. 260.20 allows any person to petition the
Administrator to modify or revoke any provision of parts 260 through
265 and 268 of Title 40 of the Code of Federal Regulations. Section
260.22 provides generators the opportunity to petition the
Administrator to exclude a waste on a ``generator-specific'' basis from
the hazardous waste lists.
C. What Information Must the Generator Supply?
Petitioners must provide sufficient information to EPA to allow the
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, that such factors do not
warrant retaining the waste as a hazardous waste.
III. EPA's Evaluation of the Waste Data
A. What Waste Did Oxy Vinyls Petition EPA To Delist?
Occidental Chemical-Deer Park, now Oxy Vinyls petitioned the EPA to
exclude from hazardous waste control its Rockbox Residue waste
generated at the wastewater treatment facility. The Rockbox Residue is
listed for 3 EPA Hazardous Waste Numbers due to the ``derived-from''
and mixture rules. The waste are listed as K019, K020, and K017. The
listed constituents of concern for these EPA Hazardous Waste Numbers
are shown in Table 1. See, part 261, appendix VII.
Table 1.--Hazardous Waste Codes Associated With Wastewater Streams
------------------------------------------------------------------------
Waste code Basis for characteristics/listing
------------------------------------------------------------------------
K019/K020.............. Ethylene dichloride, 1,1,1-trichloroethane,
1,1,2-trichloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-tetrachloroethane,
trichloroethylene, tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl chloride,
vinylidene chloride.
K017................... Epichlorohydrin, chloroethers,
trichloropropane, dichloropropanols.
------------------------------------------------------------------------
B. How Much Waste Did Oxy Vinyls Propose To Delist?
Specifically, in its petition, Oxy Vinyls requested that EPA grant
a standard exclusion for 1,000 cubic yards of Rockbox Residue generated
per calender year.
C. How Did Oxy Vinyls Sample and Analyze the Waste Data in This
Petition?
In support of its petition, which included the sampling and
analysis plan, Oxy Vinyls submitted: (1) Descriptions of its waste
water treatment processes and the incineration activities associated
with petitioned waste; (2) results of the total constituent list for 40
CFR part 264, appendix IX volatiles, semivolatiles, and metals except
for pesticides, herbicides, and PCBs; (3) results of the constituent
list for Appendix IX on Toxicity Characteristic Leaching Procedure
(TCLP) extract for volatiles, semivolatiles, and metals; (4) results
for reactive sulfide; (5) results for reactive cyanide; (6) results for
pH; (7) results of ignitability; (8) results of the total basis for
dioxin and furan; and (9) results of the dioxin and furan TCLP extract.
IV. Public Comments Received on the Proposed Exclusion
A. Who Submitted Comments on the Proposed Rule?
The EPA received public comments on April 5, 1999, proposal from
one interested party, the petitioner, Oxy Vinyls.
B. Can Oxy Vinyls Increase the Waste Volume?
The facility would like to increase the waste volume for the
Rockbox Residue from 238 cubic yards to 1,000 cubic yards per year. The
plant apparently has gathered information that additional waste will be
generated and therefore requests that the increased annual volume be
allowed.
A change in the volume of Rockbox Residue waste will not change the
DAF, therefore the delisting levels will remain the same. The EPA
approves the request to increase the volume of Rockbox Residue from 238
cubic yards to 1,000 cubic yards and revising the petition.
C. Why Wasn't the EPACMTP Used?
Oxy Vinyls felt that EPA should use the EPA Composite Model for
Leaching Migration with Transformation Products (EPACMTP) to determine
if the petitioned waste was a candidate for a delisting petition, in
the proposed rule.
The Region used the EPACMTP as a tool to preliminarily determine
whether the wastes could meet the criteria for delisting as they
pertain to the ground water pathway. We did not propose the Oxy Vinyls
delisting decision based on the EPACMTP because the Region has not
received internal concurrence or completed the external peer review
necessary to propose the model's use in evaluating delisting petitions.
When these reviews are complete, the Region will propose a decision
based on the evaluation of the EPACMTP and request public comment.
Until then, EPA must continue to use the EPACML model.
Regulatory Impact
Under Executive Order (EO) 12866, EPA must conduct an ``assessment
of the potential costs and benefits'' for all ``significant''
regulatory actions. The final to grant an exclusion is not significant,
since its effect, if promulgated, would be to reduce the overall costs
and economic impact of EPA's hazardous waste management regulations.
This reduction would be achieved by excluding waste generated at a
specific facility from EPA's lists of hazardous wastes, thereby
enabling this
[[Page 42036]]
facility to manage its waste as nonhazardous. There is no additional
impact therefore, due to today's final rule. Therefore, this proposal
would not be a significant regulation and no cost/benefit assessment is
required. The Office of Management and Budget (OMB) has also exempted
this rule from the requirement for OMB review under section (6) of
Executive Order 12866.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612,
whenever an agency is required to publish a general notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis which
describes the impact of the rule on small entities ( i.e., small
businesses, small organizations, and small governmental jurisdictions).
No regulatory flexibility analysis is required, however, if the
Administrator or delegated representative certifies that the rule will
not have any impact on small entities.
This rule, if promulgated, will not have an adverse economic impact
on small entities since its effect would be to reduce the overall costs
of EPA's hazardous waste regulations. Accordingly, I hereby certify
that this regulation, if promulgated, will not have a significant
economic impact on a substantial number of small entities. This
regulation therefore, does not require a regulatory flexibility
analysis.
Paperwork Reduction Act
Information collection and recordkeeping requirements associated
with this proposed rule have been approved by the Office of Management
and Budget (OMB) under the provisions of the Paperwork Reduction Act of
1980 (Public Law 96-511, 44 U.S.C. 3501 et seq.) and have been assigned
OMB Control Number 2050-0053.
Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(UMRA), Public Law 104-4, which was signed into law on March 22, 1995,
EPA must prepare a written statement for rules with Federal mandates
that may result in estimated costs to State, local, and tribal
governments in the aggregate, or to the private sector of $100 million
or more in any one year. When such a statement is required for EPA
rules, under section 205 of the UMRA, EPA must identify and consider
alternatives, including the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule. EPA
must select that alternative, unless the Administrator explains in the
final rule why it was not selected or it is inconsistent with law.
Before EPA establishes regulatory requirements that may significantly
or uniquely affect small governments, including tribal governments, it
must develop under section 203 of the UMRA a small government agency
plan. The plan must provide for notifying potentially affected small
governments, giving them meaningful and timely input in the development
of EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating, and advising them on compliance
with the regulatory requirements. The UMRA generally defines a Federal
mandate for regulatory purposes as one that imposes an enforceable duty
upon State, local, or tribal governments or the private sector. The EPA
finds that today's proposed delisting decision is deregulatory in
nature and does not impose any enforceable duty upon State, local, or
tribal governments or the private sector. In addition, the proposed
delisting does not establish any regulatory requirements for small
governments and so does not require a small government agency plan
under UMRA section 203.
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, the Comptroller General of the United States prior to
publication of the final rule in the Federal Register. This rule is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will become
effective on the date of publication in the Federal Register.
Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
Executive Order 13045
The Executive Order 13045 is entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997). This order applies to any rule that EPA determines (1) is
economically significant as defined under Executive Order 12866, and
(2) the environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This rule is
not subject to E.O. 13045 because this is not an economically
significant regulatory action as defined by E.O. 12866.
Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to meaningful and timely
[[Page 42037]]
input'' in the development of regulatory policies on matters that
significantly or uniquely affect their communities of Indian tribal
governments. Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments.
Accordingly, the requirements of section 3(b) of E.O. 13084 do not
apply to this rule.
National Technology Transfer and Advancement Act
Under section 12(d) if the National Technology Transfer and
Advancement Act, the Agency is directed to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) developed or adopted by voluntary consensus standard bodies.
Where available and potentially applicable voluntary consensus
standards are not used by EPA, the Act requires that Agency to provide
Congress, through the OMB, an explanation of the reasons for not using
such standards.
This rule does not establish any new technical standards and thus,
the Agency has no need to consider the use of voluntary consensus
standards in developing this final rule.
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: July 14, 1999.
Robert E. Hannesschlager,
Acting Director, Multimedia Planning and Permitting Division, Region 6.
For the reasons set out in the preamble, 40 CFR Part 261 is amended
as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1. The authority citation for Part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
2. In Table 2 of Appendix IX, Part 261 add the following waste
stream in alphabetical order by facility to read as follows:
Appendix IX--Wastes Excluded Under Secs. 260.20 and 260.22.
Table 2.--Wastes Excluded From Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Oxy Vinyls............................... Deer Park, Texas........................ Rockbox Residue, (at a
maximum generation of
1,000 cubic yards per
calender year) generated
by Oxy Vinyls using the
wastewater treatment
process to treat the
Rockbox Residue (EPA
Hazardous Waste No. K017,
K019, and K020).
Oxy Vinyls must implement a
testing program that meets
the following conditions
for the exclusion to be
valid:
(1) Delisting Levels: All
concentrations for the
following constituents
must not exceed the
following levels (ppm).
The Rockbox Residue must
be measured in the waste
leachate by the method
specified in 40 CFR
261.24.
(A) Rockbox Residue:
(i) Inorganic Constituents:
Barium--200; Chromium--
5.0; Copper--130;
Lead+1.5; Tin--2,100;
Vanadium--30; Zinc--1,000
(ii) Organic Constituents:
Acetone--400;
Dichloromethane--1.0;
Dimethylphthalate--4,000;
Xylene--10,000; 2,3,7,8-
TCDD Equivalent--
0.00000006
(2) Waste Holding and
Handling: Oxy Vinyls must
store in accordance with
its RCRA permit, or
continue to dispose of as
hazardous waste all
Rockbox Residue generated
until the verification
testing described in
Condition (3)(B), as
appropriate, is completed
and valid analyses
demonstrate that condition
(3) is satisfied. If the
levels of constituents
measured in the samples of
the Rockbox Residue do not
exceed the levels set
forth in Condition (1),
then the waste is
nonhazardous and may be
managed and disposed of in
accordance with all
applicable solid waste
regulations. If
constituent levels in a
sample exceed any of the
delisting levels set in
Condition 1, waste
generated during the time
period corresponding to
this sample must be
managed and disposed of in
accordance with subtitle C
of RCRA.
(3) Verification Testing
Requirements: Sample
collection and analyses,
including quality control
procedures, must be
performed according to SW-
846 methodologies. If EPA
judges the incineration
process to be effective
under the operating
conditions used during the
initial verification
testing, Oxy Vinyls may
replace the testing
required in Condition
(3)(A) with the testing
required in Condition
(3)(B). Oxy Vinyls must
continue to test as
specified in Condition
(3)(A) until and unless
notified by EPA in writing
that testing in Condition
(3)(A) may be replaced by
Condition (3)(B).
(A) Initial Verification
Testing: (i) When the
Rockbox unit is
decommissioned for clean
out, after the final
exclusion is granted, Oxy
Vinyls must collect and
analyze composites of the
Rockbox Residue. Two
composites must be
composed of representative
grab samples collected
from the Rockbox unit. The
waste must be analyzed,
prior to disposal, for all
of the constituents listed
in Condition 1. No later
than 90 days after the
Rockbox unit is
decommissioned for clean
out the first two times
after this exclusion
becomes final, Oxy Vinyls
must report the
operational and analytical
test data, including
quality control
information.
[[Page 42038]]
(B) Subsequent Verification
Testing: Following written
notification by EPA, Oxy
Vinyls may substitute the
testing conditions in
(3)(B) for (3)(A)(i). Oxy
Vinyls must continue to
monitor operating
conditions, analyze
samples representative of
each cleanout of the
Rockbox of operation
during the first year of
waste generation.
(C) Termination of Organic
Testing for the Rockbox
Residue: Oxy Vinyls must
continue testing as
required under Condition
(3)(B) for organic
constituents specified
under Condition (3)(B) for
organic constituents
specified in Condition
(1)(A)(ii) until the
analyses submitted under
Condition (3)(B) show a
minimum of two consecutive
annual samples below the
delisting levels in
Condition (1)(A)(ii), Oxy
Vinyls may then request
that annual organic
testing be terminated.
Following termination of
the quarterly testing, Oxy
Vinyls must continue to
test a representative
composite sample for all
constituents listed in
Condition (1) on an annual
basis (no later than
twelve months after
exclusion).
(4) Changes in Operating
Conditions: If Oxy Vinyls
significantly changes the
process which generate(s)
the waste(s) and which may
or could affect the
composition or type
waste(s) generated as
established under
Condition (1) (by
illustration, but not
limitation, change in
equipment or operating
conditions of the
treatment process), Oxy
Vinyls must notify the EPA
in writing and may no
longer handle the wastes
generated from the new
process or no longer
discharges as nonhazardous
until the wastes meet the
delisting levels set
Condition (1) and it has
received written approval
to do so from EPA.
(5) Data Submittals: The
data obtained through
Condition 3 must be
submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S.
EPA, 1445 Ross Avenue,
Dallas, Texas 75202-2733,
Mail Code, (6PD-O) within
the time period specified.
Records of operating
conditions and analytical
data from Condition (1)
must be compiled,
summarized, and maintained
on site for a minimum of
five years. These records
and data must be furnished
upon request by EPA, or
the State of Texas, and
made available for
inspection. Failure to
submit the required data
within the specified time
period or maintain the
required records on site
for the specified time
will be considered by EPA,
at its discretion,
sufficient basis to revoke
the exclusion to the
extent directed by EPA.
All data must be
accompanied by a signed
copy of the following
certification statement to
attest to the truth and
accuracy of the data
submitted:
Under civil and criminal
penalty of law for the
making or submission of
false or fraudulent
statements or
representations (pursuant
to the applicable
provisions of the Federal
Code, which include, but
may not be limited to, 18
U.S.C. 1001 and 42 U.S.C.
6928), I certify that the
information contained in
or accompanying this
document is true, accurate
and complete.
As to the (those)
identified section(s) of
this document for which I
cannot personally verify
its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility
for the persons who,
acting under my direct
instructions, made the
verification that this
information is true,
accurate and complete.
In the event that any of
this information is
determined by EPA in its
sole discretion to be
false, inaccurate or
incomplete, and upon
conveyance of this fact to
the company, I recognize
and agree that this
exclusion of waste will be
void as if it never had
effect or to the extent
directed by EPA and that
the company will be liable
for any actions taken in
contravention of the
company's RCRA and CERCLA
obligations premised upon
the company's reliance on
the void exclusion.
(6) Reopener Language:
(A) If, anytime after
disposal of the delisted
waste, Oxy Vinyls
possesses or is otherwise
made aware of any
environmental data
(including but not limited
to leachate data or
groundwater 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 Director in
granting the petition,
then the facility must
report the data, in
writing, to the Director
within 10 days of first
possessing or being made
aware of that data.
(B) If the annual testing
of the waste does not meet
the delisting requirements
in Paragraph 1, Oxy Vinyls
must report the data, in
writing, to the Director
within 10 days of first
possessing or being made
aware of that data.
(C) Based on the
information described in
paragraphs (A) or (B) and
any other information
received from any source,
the Director will make a
preliminary determination
as to whether the reported
information requires
Agency action to protect
human health or the
environment. Further
action may include
suspending, or revoking
the exclusion, or other
appropriate response
necessary to protect human
health and the
environment.
[[Page 42039]]
(D) If the Director
determines that the
reported information does
require Agency action, the
Director will notify the
facility in writing of the
actions the 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 Agency
action is not necessary.
The facility shall have 10
days from the date of the
Director's notice to
present such information.
(E) Following the receipt
of information from the
facility described in
paragraph (D) or (if no
information is presented
under paragraph (D)) the
initial receipt of
information described in
paragraphs (A) or (B), the
Director will issue a
final written
determination describing
the Agency actions that
are necessary to protect
human health or the
environment. Any required
action described in the
Director's determination
shall become effective
immediately, unless the
Director provides
otherwise.
(7) Notification
Requirements: Oxy Vinyls
must provide a one-time
written notification to
any State Regulatory
Agency to which or through
which the delisted waste
described above will be
transported for disposal
at least 60 days prior to
the commencement of such
activities. Failure to
provide such a
notification will result
in a violation of the
delisting petition and a
possible revocation of the
decision.
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[FR Doc. 99-19439 Filed 8-2-99; 8:45 am]
BILLING CODE 6560-50-P
