[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42735-42738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17672]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R01-RCRA-2012-0447; FRL-9930-54-Region-1]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendment.
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SUMMARY: The Environmental Protection Agency (EPA) is amending the
exclusion for International Business Machines Corporation (IBM) in
Essex Junction, Vermont to reflect changes in ownership and name.
DATES: This amendment is effective on July 20, 2015.
FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management
and UST Section, Office of
[[Page 42736]]
Site Remediation and Restoration, (Mail Code: OSRR07-01), EPA Region 1,
5 Post Office Square, Suite 100, Boston, MA 02109-3912; telephone
number: (617) 918-1647; fax number (617) 918-0647; email address:
[email protected].
SUPPLEMENTARY INFORMATION: In this document EPA is amending appendix IX
to part 261 to reflect a change in the ownership and name of a
particular facility. Today's notice documents the transfer of ownership
and name change by updating appendix IX to incorporate the change in
owner's name for the IBM Corporation, Essex Junction, Vermont facility.
The exclusion or ``delisting'' was granted to IBM on September 13, 2012
(see 77 FR 56558). The EPA has been notified that the transfer of
ownership of the Essex Junction facility to GLOBALFOUNDRIES U.S. 2 LLC
will occur on July 1, 2015. GLOBALFOUNDRIES has certified that it plans
to comply with all the terms and conditions set forth in the delisting
and will not change the characteristics of the wastes subject to the
exclusion at the Essex Junction facility. This notice documents the
change by updating appendix IX to incorporate a change in name.
In accordance with the delisting approval, IBM has completed the
quarterly verification testing requirements set forth in paragraph
3.(A) and has submitted the first set of annual testing results in
accordance with paragraph 3.(B). As part of this notice, EPA is
clarifying the requirements for annual reporting found in paragraph
3.(B)(iii) of the delisting approval. The paragraph currently requires
that the annual test report include the annual testing data and the
annual amount of waste in cubic yards disposed of during the calendar
year. However, as a result of the timing of the delisting approval,
annual testing occurs during August and September of each year and the
reports are submitted to EPA soon thereafter. With this notice EPA is
clarifying that the reporting of the annual sludge volumes shall occur
separately from the annual testing reports. As a result, the delisting
is being modified to include paragraph 3.(B)(iv) to reflect this
change. We are also clarifying in paragraph 3.(B)(iii) that the annual
testing results shall be submitted to EPA within thirty days after both
annual samples have been taken.
The changes to appendix IX of part 261 are effective July 20, 2015.
The Hazardous and Solid Waste Amendments of 1984 amended section 3010
of the Resource Conservation and Recovery Act (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. As
described above, the facility has certified that it is prepared to
comply with the requirements of the exclusion. Therefore, a six-month
delay in the effective date is not necessary in this case. This
provides the basis for making this amendment effective immediately upon
publication under the Administrative Procedures Act pursuant to 5
United States Code (U.S.C.) 5531(d). The EPA has determined that having
a proposed rule and public comment on this change is unnecessary, as it
involves only a change in company ownership, and a clarification, with
all of the same delisting requirements remaining in effect.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Authority: Section 3001(f) RCRA, 42 U.S.C. 6921(f)
Dated: June 29, 2015.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
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. Table 1 of Appendix IX to part 261 is amended by removing the ``IBM
Corporation'' entry and adding a new entry ``GLOBALFOUNDRIES U.S. 2
LLC'' in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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GLOBALFOUNDRIES U.S. 2 LLC (formerly, Essex Junction, VT..... Wastewater Treatment Sludge (Hazardous Waste No.
``IBM Corporation''). F006) generated at a maximum annual rate of
3,150 cubic yards per calendar year and
disposed of in a Subtitle D Landfill which is
licensed, permitted, or otherwise authorized by
a state to accept the delisted wastewater
treatment sludge. GLOBALFOUNDRIES U.S. 2 LLC
must implement a testing program that meets the
following conditions for the exclusion to be
valid: 1. Delisting Levels: (A) All leachable
concentrations for the following constituents
must not exceed the following levels (mg/L for
TCLP): Arsenic--5.0; Barium--100.0; Cadmium--
1.0; Chromium--5.0; Lead--5.0; Mercury 0.2;
and, Nickel--32.4.
[[Page 42737]]
2. Waste Handling and Holding: (A)
GLOBALFOUNDRIES U.S. 2 LLC must manage as
hazardous all WWTP sludge generated until it
has completed initial verification testing
described in paragraph (3)(A) and valid
analyses show that paragraph (1) is satisfied
and written approval is received by EPA. (B)
Levels of constituents measured in the samples
of the WWTP sludge that do not exceed the
levels set forth in paragraph (1) for two
consecutive quarterly sampling events are non-
hazardous. After approval is received from EPA,
GLOBALFOUNDRIES U.S. 2 LLC can manage and
dispose of the non-hazardous WWTP sludge
according to all applicable solid waste
regulations. (C) Not withstanding having
received the initial approval from EPA, if
constituent levels in a later sample exceed any
of the Delisting Levels set in paragraph (1),
from that point forward, GLOBALFOUNDRIES U.S. 2
LLC must treat all the waste covered by this
exclusion as hazardous until it is demonstrated
that the waste again meets the levels in
paragraph (1). GLOBALFOUNDRIES U.S. 2 LLC must
manage and dispose of the waste generated under
Subtitle C of RCRA from the time that it
becomes aware of any exceedance.
3. Verification Testing Requirements:
GLOBALFOUNDRIES U.S. 2 LLC must perform sample
collection and analyses in accordance with the
approved Quality Assurance Project Plan dated
January 27, 2011. All samples shall be
representative composite samples 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 GLOBALFOUNDRIES
U.S. 2 LLC sludge are representative for all
constituents listed in paragraph (1). To verify
that the waste does not exceed the specified
delisting concentrations, for one year after
the final exclusion is granted GLOBALFOUNDRIES
U.S. 2 LLC must perform quarterly analytical
testing by sampling and analyzing the WWTP
sludge as follows: (A) Quarterly Testing: (i)
Collect two representative composite samples of
the WWTP sludge at quarterly intervals after
EPA grants the final exclusion. The first
composite samples must be taken within 30 days
after EPA grants the final approval. The second
set of samples must be taken at least 30 days
after the first set. (ii) Analyze the samples
for all constituents listed in paragraph (1).
Any waste regarding which a composite sample is
taken that exceeds the delisting levels listed
in paragraph (1) for the sludge must be
disposed as hazardous waste in accordance with
the applicable hazardous waste requirements
from the time that GLOBALFOUNDRIES U.S. 2 LLC
becomes aware of any exceedance. (iii) Within
thirty (30) days after taking each quarterly
sample, GLOBALFOUNDRIES U.S. 2 LLC will report
its analytical test data to EPA. If levels of
constituents measured in the samples of the
sludge do not exceed the levels set forth in
paragraph (1) of this exclusion for two
consecutive quarters, and EPA concurs with
those findings, GLOBALFOUNDRIES U.S. 2 LLC can
manage and dispose the non-hazardous sludge
according to all applicable solid waste
regulations. (B) Annual Testing: (i) If
GLOBALFOUNDRIES U.S. 2 LLC completes the
quarterly testing specified in paragraph (3)
above and no sample contains a constituent at a
level which exceeds the limits set forth in
paragraph (1), GLOBALFOUNDRIES U.S. 2 LLC may
begin annual testing as follows:
GLOBALFOUNDRIES U.S. 2 LLC must test two
representative composite samples of the
wastewater treatment sludge (following the same
protocols as specified for quarterly sampling,
above) for all constituents listed in paragraph
(1) at least once per calendar year. (ii) The
samples for the annual testing taken for the
second and subsequent annual testing events
shall be taken within the same calendar month
as the first annual sample taken. (iii)
GLOBALFOUNDRIES U.S. 2 LLC shall submit an
annual testing report to EPA with all of its
annual test results, within thirty (30) days
after taking the two annual samples. (iv)
GLOBALFOUNDRIES U.S. 2 LLC shall submit to EPA
in January of each year the total amount of
waste in cubic yards disposed during the
previous calendar year.
[[Page 42738]]
4. Changes in Operating Conditions: If
GLOBALFOUNDRIES U.S. 2 LLC significantly
changes the manufacturing or treatment process
described in the petition, or the chemicals
used in the manufacturing or treatment process,
it must notify the EPA in writing and may no
longer handle the wastes generated from the new
process as non-hazardous unless and until the
wastes are shown to meet the delisting levels
set in paragraph (1), GLOBALFOUNDRIES U.S. 2
LLC demonstrates that no new hazardous
constituents listed in appendix VIII of part
261 have been introduced, and GLOBALFOUNDRIES
U.S. 2 LLC has received written approval from
EPA to manage the wastes from the new process
under this exclusion. While the EPA may provide
written approval of certain changes, if there
are changes that the EPA determines are highly
significant, the EPA may instead require
GLOBALFOUNDRIES U.S. 2 LLC to file a new
delisting petition.
5. Data Submittals and Recordkeeping:
GLOBALFOUNDRIES U.S. 2 LLC must submit the
information described below. If GLOBALFOUNDRIES
U.S. 2 LLC 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). GLOBALFOUNDRIES
U.S. 2 LLC must: (A) Submit the data obtained
through paragraph (3) to the Chief, RCRA Waste
Management & UST Section, U.S. EPA Region 1,
(OSRR07-1), 5 Post Office Square, Suite 100,
Boston, MA 02109-3912, within the time
specified. All supporting data can be submitted
on CD-ROM or some comparable electronic media;
(B) Compile, summarize, and maintain on site
for a minimum of five years and make available
for inspection records of operating conditions,
including monthly and annual volumes of WWTP
sludge generated, analytical data, including
quality control information and, copies of the
notification(s) required in paragraph (7); (C)
Submit with all data a signed copy of the
certification statement in 40 CFR
260.22(i)(12).
6. Reopener Language--(A) If, anytime, after
disposal of the delisted waste, GLOBALFOUNDRIES
U.S. 2 LLC possesses or is otherwise made aware
of any environmental data (including but not
limited to leachate data or groundwater
monitoring data) or any other relevant data to
the delisted waste indicating that any
constituent is at a concentration in the
leachate higher than the specified delisting
concentration, then GLOBALFOUNDRIES U.S. 2 LLC
must report such data, in writing, to the
Regional Administrator and to the Vermont
Agency of Natural Resources Secretary within 10
days of first possessing or being made aware of
that data. (B) Based on the information
described in paragraph (A) and any other
information received from any source, the
Regional Administrator 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. (C) If the Regional Administrator
determines that the reported information does
require Agency action, the Regional
Administrator will notify GLOBALFOUNDRIES U.S.
2 LLC in writing of the actions the Regional
Administrator believes are necessary to protect
human health and the environment. The notice
shall include a statement of the proposed
action and a statement providing
GLOBALFOUNDRIES U.S. 2 LLC with an opportunity
to present information as to why the proposed
Agency action is not necessary or to suggest an
alternative action. GLOBALFOUNDRIES U.S. 2 LLC
shall have 30 days from the date of the
Regional Administrator's notice to present the
information. (D) If after 30 days
GLOBALFOUNDRIES U.S. 2 LLC presents no further
information or after a review of any submitted
information, the Regional Administrator 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 Regional
Administrator's determination shall become
effective immediately, unless the Regional
Administrator provides otherwise.
7. Notification Requirements: GLOBALFOUNDRIES
U.S. 2 LLC must do the following before
transporting the delisted waste: (A) Provide a
one-time written notification to any state
Regulatory Agency to which or through which it
will transport the delisted waste described
above for disposal, 60 days before beginning
such activities; (B) Update the one-time
written notification if it ships the delisted
waste to a different disposal facility. Failure
to provide this notification will result in a
violation of the delisting petition and a
possible revocation of the decision.
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[FR Doc. 2015-17672 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P