82 FR 49533 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 206 (October 26, 2017)
Federal Register Volume 82, Issue 206 (October 26, 2017)
| Page Range | 49533-49539 | |
| FR Document | 2017-23239 |
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)] [Rules and Regulations] [Pages 49533-49539] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23239] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 [EPA-R06-RCRA-2017-0153; SW-FRL-9969-73-Region 6] Hazardous Waste Management System; Identification and Listing of Hazardous Waste AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is granting a petition submitted by ExxonMobil Oil Corporation Beaumont Refinery (ExxonMobil) to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by ExxonMobil to have the secondary impoundment basin (SIB) solids excluded, or delisted from the definition of a hazardous waste. The SIB solids are listed as F037 (primary oil/water/solids separation sludge); and F038 (secondary oil/water/solids separation sludge). After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to the surface impoundment solids generated at ExxonMobil's Beaumont, 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 but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting. DATES: Effective October 26, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-RCRA-2017-0153. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For technical information regarding the ExxonMobil Beaumont Refinery petition, contact Michelle Peace at 214-665-7430 or by email at [email protected]. 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 Beaumont Refinery manage the waste if it is delisted? E. When is the final delisting exclusion effective? F. How does this final rule affect states? II. Background A. What is a ``delisting''? B. What regulations allow facilities to delist a waste? C. What information must the generator supply? [[Page 49534]] III. EPA's Evaluation of the Waste Data A. What waste and how much did Beaumont Refinery petition EPA to delist? B. How did Beaumont Refinery 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. Comments and Responses V. Statutory and Executive Order Reviews I. Overview Information A. What action is EPA finalizing? The EPA is finalizing: (1) The decision to grant ExxonMobil's Beaumont Refinery's petition to have its surface impoundment basin solids excluded, or delisted, from the definition of a hazardous waste, subject to certain continued verification and monitoring conditions; and (2) to use the Delisting Risk Assessment Software 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 rule, on May 31, 2017, to exclude the ExxonMobil Beaumont Refinery waste from the lists of hazardous wastes under Sec. Sec. 261.31 and 261.32. The comments received on this rulemaking will be addressed as part of this decision. B. Why is EPA approving this delisting? ExxonMobil's petition requests an exclusion from the F037 and F038 waste listings pursuant to 40 CFR 260.20 and 260.22. ExxonMobil does not believe that the petitioned waste meets the criteria for which EPA listed it. ExxonMobil 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 ExxonMobil is based on the information submitted in support of this rule, including descriptions of the wastes and analytical data from the Beaumont, Texas facility. C. What are the limits of this exclusion? This exclusion applies to the waste described in the petition only if the requirements described in Table 1 of part 261, Appendix IX, and the conditions contained herein are satisfied. The one-time exclusion applies to 400,000 cubic yards of surface impoundment basin solids. D. How will Beaumont Refinery manage the waste if it is delisted? Storage containers with SIB solids will be transported to an authorized solid waste landfill (e.g. RCRA Subtitle D landfill, commercial/industrial solid waste landfill, etc.) for disposal. E. When is the final delisting exclusion effective? This rule is effective October 26, 2017. 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 final rule affect states? Because EPA is issuing this exclusion under the Federal RCRA delisting program, only states subject to Federal RCRA delisting provisions would be affected. This would exclude 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, 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 Beaumont Refinery transports the petitioned waste to or manages the waste in any State with delisting authorization, Beaumont Refinery 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? 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 Sec. Sec. 261.31 and 261.32. Specifically, Sec. 260.20 allows any person to petition the Administrator to modify or revoke any provision of Parts 260 through 266, 268 and 273 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 [[Page 49535]] 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 and how much did Beaumont Refinery petition EPA to delist? In August 2016, ExxonMobil petitioned EPA to exclude from the lists of hazardous wastes contained in Sec. Sec. 261.31 and 261.32, SIB solids (F037, F038) generated from its facility located in Beaumont, Texas. The waste falls under the classification of listed waste pursuant to Sec. Sec. 261.31 and 261.32. Specifically, in its petition, ExxonMobil requested that EPA grant a one-time exclusion for 400,000 cubic yards of SIB solids. The 40 CFR part 261 Appendix VII hazardous constituents which are the basis for listing can be found in Table 1. Table 1--EPA Waste Codes for Surface Impoundment Basin Solids and the Basis for Listing ------------------------------------------------------------------------ Waste code Basis for listing ------------------------------------------------------------------------ F037............................... Benzene, benzo(a)pyrene, chrysene, lead, chromium. F038............................... Benzene, benzo(a)pyrene, chrysene, lead, chromium. ------------------------------------------------------------------------ B. How did Beaumont Refinery sample and analyze the waste data in this petition? To support its petition, ExxonMobil submitted: (1) Historical information on waste generation and management practices; and (2) analytical results from thirty-nine samples for total and TCLP concentrations of compounds of concern (COC)s; Table 2--Analytical Results/Maximum Allowable Delisting Concentration [Secondary Impoundment Basin (SIB) Solids ExxonMobil Beaumont Refinery, Beaumont, Texas] ---------------------------------------------------------------------------------------------------------------- Maximum total Maximum TCLP Maximum TCLP Constituent concentration concentration delisting level (mg/kg) (mg/L) (mg/L) ---------------------------------------------------------------------------------------------------------------- Antimony..................................................... 4.84 0.023 .109 Arsenic...................................................... 33.6 0.077 .424 Barium....................................................... 455 1.47 36 Beryllium.................................................... 1.38 <0.002 2.0 Cadmium...................................................... 2.05 <0.002 0.09 Chromium..................................................... 697 0.205 2.27 Cobalt....................................................... 19.4 0.0371 0.214 Lead......................................................... 400 0.656 0.702 Mercury...................................................... 3.61 0.000049 0.068 Nickel....................................................... 68.2 0.152 13.5 Selenium..................................................... 28.7 0.0177 0.890 Silver....................................................... 1.23 0.002 5.0 Vanadium..................................................... 90.7 0.0815 3.77 Zinc......................................................... 2,470 5.43 197 2,4 Dimethylphenol........................................... 0.97 0.0018 11.3 2-Methylphenol............................................... <0.71 <.000033 28.9 3-Methylphenol............................................... <0.64 0.002 28.9 4-Methylphenol............................................... <0.64 0.00047 2.89 Acenaphthene................................................. 1.7 0.00091 10.6 Anthracene................................................... 2.9 0.00019 25.9 Benz(a)anthracene............................................ 7.2 0.000034 0.07 Benz(a)pyrene................................................ 5 <0.00003 26.3 Bis(2-ethylhexyl)phthalate................................... 34 0.0002 106,000 Chrysene..................................................... 19 0.000048 7.01 Di-n-butyl phthalate......................................... 0.66 0.0013 24.6 Fluoranthene................................................. 2.1 0.000078 2.46 Fluorene..................................................... 4.9 0.0016 4.91 Indeno(1,2,3-cd)pyrene....................................... 2.6 <0.000051 73 Naphthalene.................................................. 26 0.02 0.0327 Phenol....................................................... <0.71 0.00025 173 Pyrene....................................................... N/A 0.00019 4.45 Benzene...................................................... 1.1 <0.004 0.077 Xylenes, total............................................... 53 0.18 9.56 ---------------------------------------------------------------------------------------------------------------- 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. [[Page 49536]] IV. Public Comments Received on the Proposed Exclusion A. Who submitted comments on the proposed rule? The EPA received four anonymous public comments on the May 31, 2017, proposed rule via regulations.gov. EPA also received comments from the facility regarding the conditions and nomenclature on Table 1. The comments and responses are addressed below. B. Comments and Responses Comment 1. ``Exxon Mobil requests that language found on Pages 24929, 24931, and 24932 be revised to reflect that the SIB solids are delisted upon final publication in the Federal Register. The text in Section IV (Next Steps), Items A.(2) and A.(3) is currently structured such that additional testing would have to be performed to verify that delisting limits are met. Items (2), (3), and (4) of Table 1 (Pages 24931 and 34932) also reflect these requirements. This language appears to be a ``holdover'' associated with another delisting petition request. Our sampling program included collection of over 30 samples to support the delisting petition request. As such, we believe we have already completed a rigorous sampling program in support of this request. Also, we would note in several locations that the petition volume is listed as ``400,000 wet'' cubic yards. The SIB solids will contain water upon removal from the pond. However, they will be dewatered (e.g. filtration, addition of cement, etc.) to pass the paint filter test prior to disposal. As such, we suggest removing the word wet in reference to the delisted volume.'' Response 1. The language found in Table 1 of the exclusion has been revised to remove all conditional exclusion language. The request for the delisting is a one-time exclusion which is conditioned on proper disposal of up to 400,000 cubic yards of SIB solids and contains the data submittals, reopener and disposal notification clauses for all delisting exclusions. The conditions were included in the proposed rule in error. All references regarding the wet solids have been removed because the waste will not be disposed of in this manner. The reference to wet solids was in regards to the volume of solids as generated during the removal. Comment 2. ``Excuse me? ExxonMobile wants to dump their waste into the landfills where it can pollute our ground water? NO. Absolutely NOT. These waste products are toxic to the environment and need to stay listed as hazardous. We don't want this stuff seeping into our groundwater for our kids to drink. ExxonMobile needs to spend the money on research to break down this waste sludge into something that doesn't hurt the environment. They must not be allowed to put it in dumps or store it somewhere. There probably are some kind of bacteria that will break this stuff down into something useful or non toxic. This stuff should NOT end up in our ground water. If you cannot do something positive with this waste, the process whereby this waste is produced MUST BE STOPPED. We need to move away from fossil fuel use and towards renewable energy and sustainable products.'' Response 2. The Delisting Program requires extensive waste sampling and a risk assessment is performed to assess a wastes potential harm to human health and the environment. The program is designed to insure that the wastes which are deemed excluded will not be managed in a manner to harm human health or the environment. This waste will be managed in a Subtitle D industrial waste landfill as solid waste to prevent releases to groundwater and air pathways. Comment 3. ``The EPA should feel obligated to ensure that there are no possible adverse effects to humans or the environment by approving the petition from ExxonMobile. The EPA should conduct their own investigation, take their own samples, and perform data analysis to confirm that there are no discrepancies between their findings and those provided by the Beaumont facility. In the list of constituents provided by ExxonMobile, there are known human carcinogens such as arsenic, beryllium, cadmium, chromium, nickel, and benzene, along with other harmful constituents such as lead and mercury. The EPA should conduct an environmental impact assessment before approving this petition.'' Response 3. The requirements of the Federal regulations defined in 40 CFR part 260.20, and 260.22, describe the process by which wastes may be removed from the list of hazardous waste. In addition to extensive quality assurance and quality control data for the samples taken, EPA performs a risk assessment using the Delisting Risk Assessment Software to ensure that our decision is protective of human health and the environment. The constituent concentrations found in the surface impoundment basin solids are below the concentrations that would pose harm to human health and the environment. Comment 4. ``Although the tests that have been run by ExxonMobil's Delisting Risk Assessment Software (DRAS) to provide scientific reasoning to the EPA for the delisting of SIB solids, I believe that more research must be conducted by the EPA itself. Employees of this agency should especially check the individual components of the SIB solids and test for even greater possibilities than those proposed by the DRAS; the DRAS was not said to take into account the effects that chemical exposure would produce on surrounding populations or even employees themselves if buildups were to occur. Risk assessment should be issued for each individual chemical compound by the EPA. Assuming the EPA would like to work rather quickly on this issue considering ExxonMobil's insistence that the SIB solids are non-hazardous, benefits would include reduced regulation on the industry, as well as, one less responsibility for the EPA. However, closer examination needs to occur, especially since this test has only been conducted for Beaumont, Texas.'' Response 4. A waste is eligible for delisting only if that waste, as generated at a particular facility, does not meet any of the criteria under which the waste was listed as a hazardous waste. In addition, the waste may not contain any other Appendix VIII constituents that would cause the waste to be hazardous. RCRA Sec. 3001(f) and 40 CFR 260.22. A delisting is only intended to address a specific waste stream generated at a specific site. The risk analysis is conducted specifically for each chemical constituent of the waste stream. If any constituent concentration exceeds the delisting limit, the entire waste stream remains hazardous. The delisting risk analysis performed using the Delisting Risk Assessment Software evaluates the worst case scenario for the petitioned waste and risk pathways are evaluated. All chemical constituents detected in the waste are individually assessed for their impact on human health and the environment. Comment 5. ``I believe there should be a thorough health examination of all employees in the facility who work directly with the waste proposed for delisting. Some of these chemicals can build-up in the system over time and if any de-regulations are to occur they need science based evidence to prove the decision would not pose a human safety issue. If the decision would not prove to have a high economical impact, I do not see any reason it should be considered, especially when the decision is for only a single site.'' Response 5. A waste is eligible for delisting only if that waste, as generated [[Page 49537]] at a particular facility, does not meet any of the criteria under which the waste was listed as a hazardous waste. In addition, the waste may not contain any other Appendix VIII constituents that would cause the waste to be hazardous. RCRA Sec. 3001(f) and 40 CFR 260.22. A delisting is only intended to address a specific waste stream generated at a specific site. Since individual waste streams may vary depending on raw materials, industrial processes, and other factors, it may be appropriate not to list a specific waste from a specific site. Therefore, while a waste described in the 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. A risk assessment of the petitioned waste is completed and a part of the decision factors in issuing an exclusion. Specific health examinations and worker protection is covered by the facility operating plans and overseen by OSHA. Worker safety during the management of this waste to avoid contact with this material are covered by the Health and Safety plans of the petitioner. V. Statutory and Executive Order Reviews Under Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993), this rule is not of general applicability and therefore, is not a regulatory action subject to review by the Office of Management and Budget (OMB). This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a particular facility only. Because this rule is of particular applicability relating to a particular facility, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because this rule will affect only a particular facility, it will not significantly or uniquely affect small governments, as specified in section 203 of UMRA. Because this rule will affect only a particular facility, this 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, 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 (E.O.) 12898 (59 FR 7629 (Feb. 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 recordkeeping requirements. Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f). Dated: October 4, 2017. Wren Stenger, Director, Multimedia 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 0 1. The authority citation for part 261 continues to read as follows: Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938. 0 2. In Table 1--Wastes Excluded From Non-Specific Sources in Appendix IX to Part 261, add the following waste stream in alphabetical order by facility to read as follows: Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and 260.22 [[Page 49538]] Table 1--Wastes Excluded From Non-Specific Sources ---------------------------------------------------------------------------------------------------------------- Facility Address Waste description ---------------------------------------------------------------------------------------------------------------- * * * * * * * ExxonMobil.................... Beaumont, TX............. Secondary Impoundment Basin Solids (SIB) (EPA Hazardous Waste Numbers F037 and F038) generated at a maximum rate of 400,000 cubic yards. (1) Delisting Levels: All concentrations for those constituents must not exceed the maximum allowable concentrations in mg/l specified in this paragraph. Surface Impoundment Basin Solids. Leachable Concentrations (mg/l): Antimony--0.109; Arsenic-- 0.424; Barium--36; Beryllium--2.0; Cadmium--0.09; Chromium--2.27; Cobalt--0.214; Lead--0.702; Mercury-- 0.068; Nickel--13.5; Selenium--0.890; Silver--5.0; Vanadium--3.77; Zinc--197; 2,4 Dimethylphenol--11.3; 2-Methylphenol--28.9; 3-Methylphenol--28.9; 4- Methylphenol--2.89; Acenaphthene--10.6; Anthracene--- 25.9; Benz(a)anthracene--0.07; Benz(a)pyrene--26.3; Bis(2-ethylhexyl) phthalate--106,000; Chrysene-- 7.01; Di-n-butyl phthalate--24.6; Fluoranthene-- 2.46; Fluorene--4.91; Indeno(1,2,3-cd) pyrene--73; Naphthalene--0.0327; Phenol--173; Pyrene--4.45; Benzene--0.077; Xylenes, total--9.56 (2) Reopener (A) If, any time after disposal of the delisted waste ExxonMobil 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 verification testing (and retest, if applicable) of the waste does not meet the delisting requirements in paragraph 1, ExxonMobil 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 ExxonMobil fails to submit the information described in paragraphs (2),(3)(A) or (3)(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 (3)(D) or (if no information is presented under paragraph (3)(D)) the initial receipt of information described in paragraphs (2), (3)(A) or (3)(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. (3) Notification Requirements: ExxonMobil must do the following before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any state Regulatory Agency to which or through which it will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) 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. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-23239 Filed 10-25-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 49533
TABLE 1 TO SUBPART VVV OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART VVV—
Continued
General provisions Applicable to subpart VVV Explanation
reference
§ 63.12 ...................... Yes .......................................... State authority and designation.
§ 63.13 ...................... Yes .......................................... Addresses of State air pollution control agencies and EPA Regional Offices.
§ 63.14 ...................... Yes .......................................... Incorporation by reference.
§ 63.15 ...................... Yes .......................................... Availability of information and confidentiality.
TABLE 2 TO SUBPART VVV OF PART 63—COMPLIANCE DATES AND REQUIREMENTS
If the construction/reconstruction And the owner or operator must
Then the owner or operator must comply with
date is achieve compliance
Group 1 POTW:
(1) After December 27, 2016 .......... (i) New source requirements in §§ 63.1583(b); 63.1586(b) or (c); and Upon initial startup.
63.1588 through 63.1591.
(2) After December 1, 1998 but on (i) New source requirements in § 63.1583(b) but instead of complying Upon initial startup through Octo-
or before December 27, 2016. with both requirements (industrial user(s) NESHAP and the POTW ber 26, 2020.
standards in §§ 63.1586(b) or (c)), you must comply with the most
stringent requirement1.
(ii) New source requirements in §§ 63.1586(b) or (c); and 63.1588 On or before October 26, 2020.
through 63.1591.
(3) On or before December 1, 1998 (i) Existing source requirements in §§ 63.1583(a) ................................. By the compliance date specified
in the other applicable NESHAP.
(ii) Existing source requirements in §§ 63.1588 through 63.1591 ......... On or before October 26, 2018.
Group 2 POTW:
(4) After December 27, 2016 .......... (i) New source requirements in §§ 63.1586(b) or (c); and 63.1588 Upon initial startup.
through 63.1591.
(5) After December 1, 1998 but on (i) New source requirements in § 63.1586(b) or (c)1 ............................. Upon initial startup through Octo-
or before December 27, 2016. ber 26, 2020.
(ii) New source requirements in §§ 63.1586(b) or (c); and 63.1588 On or before October 26, 2020.
through 63.1591.
(6) On or before December 1, 1998 (i) Existing source requirements in §§ 63.1586(a); and 63.1591(a) ...... On or before October 26, 2018.
1 Note:This represents the new source requirements in the original 1999 NESHAP, which are applicable until October 26, 2020. Between Oc-
tober 26, 2017 and October 26, 2020, you must transition to the new requirements in Table 2 (2)(ii) and (5)(ii) for Group 1 and Group 2 POTW,
respectively.
[FR Doc. 2017–23067 Filed 10–25–17; 8:45 am] listed as F037 (primary oil/water/solids Certain other material, such as
BILLING CODE 6560–50–P separation sludge); and F038 (secondary copyrighted material, is not placed on
oil/water/solids separation sludge). the Internet and will be publicly
After careful analysis and evaluation available only in hard copy form.
ENVIRONMENTAL PROTECTION of comments submitted by the public, Publicly available docket materials are
AGENCY the EPA has concluded that the available electronically through http://
petitioned wastes are not hazardous www.regulations.gov.
40 CFR Part 261 waste when disposed of in Subtitle D FOR FURTHER INFORMATION CONTACT: For
[EPA–R06–RCRA–2017–0153; SW–FRL– landfills. This exclusion applies to the technical information regarding the
9969–73–Region 6] surface impoundment solids generated ExxonMobil Beaumont Refinery
at ExxonMobil’s Beaumont, Texas petition, contact Michelle Peace at 214–
Hazardous Waste Management facility. Accordingly, this final rule 665–7430 or by email at
System; Identification and Listing of excludes the petitioned waste from the peace.michelle@epa.gov.
Hazardous Waste requirements of hazardous waste
SUPPLEMENTARY INFORMATION: The
regulations under the Resource
AGENCY: Environmental Protection information in this section is organized
Conservation and Recovery Act (RCRA)
Agency (EPA). as follows:
when disposed of in Subtitle D landfills
ACTION: Final rule. I. Overview Information
but imposes testing conditions to ensure
that the future-generated wastes remain A. What action is EPA finalizing?
SUMMARY: The Environmental Protection B. Why is EPA approving this delisting?
Agency (EPA) is granting a petition qualified for delisting.
C. What are the limits of this exclusion?
submitted by ExxonMobil Oil DATES: Effective October 26, 2017. D. How will Beaumont Refinery manage
Corporation Beaumont Refinery ADDRESSES: The EPA has established a the waste if it is delisted?
(ExxonMobil) to exclude from docket for this action under Docket ID E. When is the final delisting exclusion
effective?
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hazardous waste control (or delist) a No. EPA–R06–RCRA–2017–0153. All
certain solid waste. This final rule documents in the docket are listed on F. How does this final rule affect states?
responds to the petition submitted by II. Background
the http://www.regulations.gov Web
A. What is a ‘‘delisting’’?
ExxonMobil to have the secondary site. Although listed in the index, some B. What regulations allow facilities to
impoundment basin (SIB) solids information is not publicly available, delist a waste?
excluded, or delisted from the definition e.g., CBI or other information whose C. What information must the generator
of a hazardous waste. The SIB solids are disclosure is restricted by statute. supply?
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![Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 49535
determine that the waste to be excluded in Beaumont, Texas. The waste falls B. How did Beaumont Refinery sample
does not meet any of the criteria under under the classification of listed waste and analyze the waste data in this
which the waste was listed as a pursuant to §§ 261.31 and 261.32. petition?
hazardous waste. In addition, the Specifically, in its petition, ExxonMobil
Administrator must determine, where requested that EPA grant a one-time To support its petition, ExxonMobil
he/she has a reasonable basis to believe exclusion for 400,000 cubic yards of SIB submitted:
that factors (including additional solids. (1) Historical information on waste
constituents) other than those for which The 40 CFR part 261 Appendix VII generation and management practices;
the waste was listed could cause the hazardous constituents which are the and
waste to be a hazardous waste, that such basis for listing can be found in Table
factors do not warrant retaining the 1. (2) analytical results from thirty-nine
waste as a hazardous waste. samples for total and TCLP
TABLE 1—EPA WASTE CODES FOR concentrations of compounds of
III. EPA’s Evaluation of the Waste Data
SURFACE IMPOUNDMENT BASIN SOL- concern (COC)s;
A. What waste and how much did IDS AND THE BASIS FOR LISTING
Beaumont Refinery petition EPA to
delist? Waste code Basis for listing
In August 2016, ExxonMobil
petitioned EPA to exclude from the lists F037 ........... Benzene, benzo(a)pyrene,
chrysene, lead, chromium.
of hazardous wastes contained in
F038 ........... Benzene, benzo(a)pyrene,
§§ 261.31 and 261.32, SIB solids (F037, chrysene, lead, chromium.
F038) generated from its facility located
TABLE 2—ANALYTICAL RESULTS/MAXIMUM ALLOWABLE DELISTING CONCENTRATION
[Secondary Impoundment Basin (SIB) Solids ExxonMobil Beaumont Refinery, Beaumont, Texas]
Maximum
Maximum
Maximum total TCLP
TCLP
Constituent concentration delisting
concentration
(mg/kg) level
(mg/L) (mg/L)
Antimony ................................................................................................................................ 4.84 0.023 .109
Arsenic ................................................................................................................................... 33.6 0.077 .424
Barium .................................................................................................................................... 455 1.47 36
Beryllium ................................................................................................................................ 1.38 <0.002 2.0
Cadmium ................................................................................................................................ 2.05 <0.002 0.09
Chromium .............................................................................................................................. 697 0.205 2.27
Cobalt ..................................................................................................................................... 19.4 0.0371 0.214
Lead ....................................................................................................................................... 400 0.656 0.702
Mercury .................................................................................................................................. 3.61 0.000049 0.068
Nickel ..................................................................................................................................... 68.2 0.152 13.5
Selenium ................................................................................................................................ 28.7 0.0177 0.890
Silver ...................................................................................................................................... 1.23 0.002 5.0
Vanadium ............................................................................................................................... 90.7 0.0815 3.77
Zinc ........................................................................................................................................ 2,470 5.43 197
2,4 Dimethylphenol ................................................................................................................ 0.97 0.0018 11.3
2-Methylphenol ...................................................................................................................... <0.71 <.000033 28.9
3-Methylphenol ...................................................................................................................... <0.64 0.002 28.9
4-Methylphenol ...................................................................................................................... <0.64 0.00047 2.89
Acenaphthene ........................................................................................................................ 1.7 0.00091 10.6
Anthracene ............................................................................................................................. 2.9 0.00019 25.9
Benz(a)anthracene ................................................................................................................ 7.2 0.000034 0.07
Benz(a)pyrene ....................................................................................................................... 5 <0.00003 26.3
Bis(2-ethylhexyl)phthalate ...................................................................................................... 34 0.0002 106,000
Chrysene ................................................................................................................................ 19 0.000048 7.01
Di-n-butyl phthalate ................................................................................................................ 0.66 0.0013 24.6
Fluoranthene .......................................................................................................................... 2.1 0.000078 2.46
Fluorene ................................................................................................................................. 4.9 0.0016 4.91
Indeno(1,2,3-cd)pyrene .......................................................................................................... 2.6 <0.000051 73
Naphthalene ........................................................................................................................... 26 0.02 0.0327
Phenol .................................................................................................................................... <0.71 0.00025 173
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Pyrene .................................................................................................................................... N/A 0.00019 4.45
Benzene ................................................................................................................................. 1.1 <0.004 0.077
Xylenes, total ......................................................................................................................... 53 0.18 9.56
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.
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![49538 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations
TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Facility Address Waste description
* * * * * * *
ExxonMobil ........ Beaumont, TX .................. Secondary Impoundment Basin Solids (SIB) (EPA Hazardous Waste Numbers F037 and F038)
generated at a maximum rate of 400,000 cubic yards.
(1) Delisting Levels: All concentrations for those constituents must not exceed the maximum al-
lowable concentrations in mg/l specified in this paragraph.
Surface Impoundment Basin Solids. Leachable Concentrations (mg/l): Antimony—0.109; Ar-
senic—0.424; Barium—36; Beryllium—2.0; Cadmium—0.09; Chromium—2.27; Cobalt—0.214;
Lead—0.702; Mercury—0.068; Nickel—13.5; Selenium—0.890; Silver—5.0; Vanadium—3.77;
Zinc—197; 2,4 Dimethylphenol—11.3; 2-Methylphenol—28.9; 3-Methylphenol—28.9; 4-Methyl-
phenol—2.89; Acenaphthene—10.6; Anthracene-—25.9; Benz(a)anthracene—0.07;
Benz(a)pyrene—26.3; Bis(2-ethylhexyl) phthalate—106,000; Chrysene—7.01; Di-n-butyl
phthalate—24.6; Fluoranthene—2.46; Fluorene—4.91; Indeno(1,2,3-cd) pyrene—73; Naph-
thalene—0.0327; Phenol—173; Pyrene—4.45; Benzene—0.077; Xylenes, total—9.56
(2) Reopener
(A) If, any time after disposal of the delisted waste ExxonMobil 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 con-
stituent 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 verification testing (and retest, if applicable) of the waste does not meet the delisting re-
quirements in paragraph 1, ExxonMobil must report the data, in writing, to the Division Direc-
tor within 10 days of first possessing or being made aware of that data.
(C) If ExxonMobil fails to submit the information described in paragraphs (2),(3)(A) or (3)(B) or if
any other information is received from any source, the Division Director will make a prelimi-
nary 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 environ-
ment.
(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 state-
ment 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 (3)(D) or (if no in-
formation is presented under paragraph (3)(D)) the initial receipt of information described in
paragraphs (2), (3)(A) or (3)(B), the Division Director will issue a final written determination de-
scribing 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 imme-
diately, unless the Division Director provides otherwise.
(3) Notification Requirements:
ExxonMobil 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 de-
cision.
(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 begin-
ning such activities.
(B) For onsite disposal, a notice should be submitted to the State to notify the State that dis-
posal of the delisted materials has begun.
(C) Update one-time written notification, if it ships the delisted waste into a different disposal fa-
cility.
(D) Failure to provide this notification will result in a violation of the delisting exclusion and a
possible revocation of the decision.
* * * * * * *
[FR Doc. 2017–23239 Filed 10–25–17; 8:45 am]
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![Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 49539
DEPARTMENT OF COMMERCE the Bering Sea and Aleutian Islands 48460; October 18, 2017). The 2017
management area to be harvested. flathead sole, rock sole, and yellowfin
National Oceanic and Atmospheric DATES: Effective October 26, 2017 sole CDQ ABC reserves are 6,018 mt,
Administration through December 31, 2017. 11,286 mt and 11,434 mt as established
FOR FURTHER INFORMATION CONTACT: by the final 2017 and 2018 harvest
50 CFR Part 679 Steve Whitney, 907–586–7228. specifications for groundfish in the
SUPPLEMENTARY INFORMATION: NMFS BSAI (82 FR 11826, February 27, 2017)
[Docket No. 161020985–7181–02] and revised by flatfish exchange (82 FR
manages the groundfish fishery in the
Bering Sea and Aleutian Islands 48460; October 18, 2017).
RIN 0648–XF767 The Yukon Delta Fisheries
management area (BSAI) according to
the Fishery Management Plan for Development Association has requested
Fisheries of the Exclusive Economic
Groundfish of the Bering Sea and that NMFS exchange 60 mt of flathead
Zone Off Alaska; Exchange of Flatfish
Aleutian Islands Management Area sole CDQ reserves and 145 mt of rock
in the Bering Sea and Aleutian Islands
(FMP) prepared by the North Pacific sole CDQ reserves for 205 mt of
Management Area
Fishery Management Council under yellowfin sole CDQ ABC reserves under
AGENCY: National Marine Fisheries authority of the Magnuson-Stevens § 679.31(d). Therefore, in accordance
Service (NMFS), National Oceanic and Fishery Conservation and Management with § 679.31(d), NMFS exchanges 60
Atmospheric Administration (NOAA), Act. Regulations governing fishing by mt of flathead sole CDQ reserves and
Commerce. U.S. vessels in accordance with the FMP 145 mt of rock sole CDQ reserves for 205
ACTION: Temporary rule; reallocation. appear at subpart H of 50 CFR part 600 mt of yellowfin sole CDQ ABC reserves
and 50 CFR part 679. in the BSAI. This action also decreases
SUMMARY: NMFS is exchanging unused The 2017 flathead sole, rock sole, and and increases the TACs and CDQ ABC
flathead sole and rock sole Community yellowfin sole CDQ reserves specified in reserves by the corresponding amounts.
Development Quota (CDQ) for yellowfin the BSAI are 1,288 metric tons (mt), Tables 11 and 13 of the final 2017 and
sole CDQ acceptable biological catch 5,310 mt, and 16,472 mt as established 2018 harvest specifications for
(ABC) reserves in the Bering Sea and by the final 2017 and 2018 harvest groundfish in the BSAI (82 FR 11826,
Aleutian Islands management area. This specifications for groundfish in the February 27, 2017), and revised by
action is necessary to allow the 2017 BSAI (82 FR 11826, February 27, 2017) flatfish exchange (82 FR 48460; October
total allowable catch of yellowfin sole in and revised by flatfish exchange (82 FR 18, 2017) are further revised as follows:
TABLE 11—FINAL 2017 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
TAC .......................................................... 7,900 7,000 9,000 14,176 47,225 154,199
CDQ ......................................................... 845 749 963 1,228 5,165 16,677
ICA ........................................................... 100 60 10 4,000 5,000 4,500
BSAI trawl limited access ........................ 695 619 161 0 0 18,151
Amendment 80 ......................................... 6,259 5,572 7,866 8,949 37,060 114,871
Alaska Groundfish Cooperative ............... 3,319 2,954 4,171 918 9,168 45,638
Alaska Seafood Cooperative ................... 2,940 2,617 3,695 8,031 27,893 69,233
Note: Sector apportionments may not total precisely due to rounding.
TABLE 13—FINAL 2017 AND 2018 ABC SURPLUS,COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND
AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
[Amounts are in metric tons]
2017 2017 2017 2018 2018 2018
Sector Flathead sole Rock sole Yellowfin sole Flathead sole Rock sole Yellowfin sole
ABC .......................................................... 68,278 155,100 260,800 66,164 143,100 250,800
TAC .......................................................... 14,176 47,225 154,199 14,500 47,100 154,000
ABC surplus ............................................. 54,102 107,875 106,601 51,664 96,000 96,800
ABC reserve ............................................. 54,102 107,875 106,601 51,664 96,000 96,800
CDQ ABC reserve ................................... 6,078 11,431 11,229 5,528 10,272 10,358
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Amendment 80 ABC reserve ................... 48,024 96,444 95,372 46,136 85,728 86,442
Alaska Groundfish Cooperative for
2017 1 ................................................... 4,926 23,857 37,891 n/a n/a n/a
Alaska Seafood Cooperative for 2017 1 .. 43,098 72,587 57,481 n/a n/a n/a
1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2017.
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Document Created: 2018-10-25 10:15:13
Document Modified: 2018-10-25 10:15:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective October 26, 2017. | |
| Contact | For technical information regarding the ExxonMobil Beaumont Refinery petition, contact Michelle Peace at 214-665-7430 or by email at [email protected] | |
| FR Citation | 82 FR 49533 | |
| CFR Associated | Environmental Protection; Hazardous Waste; Recycling and Reporting and Recordkeeping Requirements |
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