[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Proposed Rules]
[Pages 49252-49260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19771]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R07-RCRA-2014-0452; FRL-9915-45-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and request for comment.

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SUMMARY: The Environmental Protection Agency (EPA, also, ``the Agency'' 
or ``we'') is proposing to grant a petition submitted by the John Deere 
Des Moines Works (John Deere) of Deere & Company, in Ankeny, Iowa to 
exclude or ``delist'' up to 600 tons per calendar year of F006/F019 
wastewater treatment sludge filter cake generated by John Deere's 
wastewater treatment system from the list of hazardous wastes.
    The Agency has tentatively decided to grant the petition based on 
an evaluation of waste-specific information provided by John Deere. 
This proposed decision, if finalized, would conditionally exclude the 
petitioned waste from the requirements of hazardous waste regulations 
under the Resource Conservation and Recovery Act (RCRA).
    This exclusion would be valid only when the wastewater treatment 
sludge filter cake is disposed of in a Subtitle D landfill which is 
permitted, licensed, or otherwise authorized by a State to manage 
industrial solid waste.
    If finalized, EPA would conclude that John Deere's petitioned waste 
is nonhazardous with respect to the original listing criteria and that 
there are no other current factors which would cause the waste to be 
hazardous.

DATES: Comments must be received on or before September 19, 2014. EPA 
will stamp comments received after the close of the comment period as 
late. These late comments may not be considered in formulating a final 
decision. Any person may request a hearing on the proposed decision by 
filing a request to EPA by September 4, 2014. The request must contain 
the information prescribed in 40 CFR 260.20(d).

[[Page 49253]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2014-0452 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: herstowski.ken@epa.gov.
    3. Fax: (913) 551-7631, to the attention of Ken Herstowski.
    4. Mail: Ken Herstowski, Air and Waste Management Division, Waste 
Remediation and Permits Branch, U.S. EPA Region 7, 11201 Renner 
Boulevard, Lenexa KS 66219.
    5. Hand Delivery: Ken Herstowski, Air and Waste Management 
Division, Waste Remediation and Permits Branch, U.S. EPA Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219. Such deliveries are only 
accepted during normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. Please contact Ken 
Herstowski at (913) 551-7631.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2014-0452. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the EPA 
Region 7 offices at 11201 Renner Boulevard, Lenexa KS 66219 by 
appointment only during normal hours of operation. Appointments must be 
made in advance to view hard copy docket materials by contacting Ken 
Herstowski at (913) 551-7631 or by email at herstowski.ken@epa.gov.

FOR FURTHER INFORMATION CONTACT: Ken Herstowski, Air and Waste 
Management Division, Waste Remediation and Permits Branch, U.S. EPA 
Region 7, 11201 Renner Boulevard, Lenexa KS 66219; telephone number: 
(913) 551-7631; fax number (913) 551-7631; email address: 
herstowski.ken@epa.gov.

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

I. Overview Information
    A. What action is EPA proposing?
    B. Why is EPA proposing to approve this delisting?
    C. How will John Deere manage the waste, if it is delisted?
    D. When would the proposed delisting exclusion be finalized?
II. Background
    A. What is a listed waste?
    B. What is a delisting petition?
    C. What factors must EPA consider in deciding whether to grant a 
delisting petition?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did John Deere petition EPA to delist?
    B. How does John Deere generate the waste?
    C. How did John Deere sample and analyze the petitioned waste?
    D. What were the results of John Deere's analysis of the waste?
    E. How did EPA evaluate the risk of delisting this waste?
    F. What did EPA conclude about John Deere's waste?
IV. Conditions for Exclusion
    A. When would EPA finalize the proposed delisting exclusion?
    B. How will John Deere manage the waste if it is delisted?
    C. With what conditions must the petitioner comply?
    D. What happens if John Deere violates the terms and conditions 
of the exclusion?
V. How would this action affect the states?
VI. Statutory and Executive Order Reviews

I. Overview Information

    Title 40 CFR 260.20 allows any person to petition the Administrator 
to modify or revoke any provision of parts 260 through 266, 268 and 
273. Section 260.22(a) specifically provides generators the opportunity 
to petition the Administrator to exclude a waste on a ``generator 
specific'' basis from the hazardous waste lists.
    The Agency bases its proposed decision to grant a petition on an 
evaluation of waste-specific information provided by the petitioner. 
This proposed decision, if finalized, would conditionally exclude the 
petitioned waste from the requirements of hazardous waste regulations 
under the Resource Conservation and Recovery Act (RCRA).
    If finalized, we would conclude the petitioned waste from this 
facility is non-hazardous with respect to the original listing criteria 
and that the waste process used will substantially reduce the 
likelihood of migration of hazardous constituents from this waste. We 
would also conclude that the processes minimize short-term and long-
term threats from the petitioned waste to human health and the 
environment. The EPA is proposing to grant a petition submitted by John 
Deere Des Moines Works of Deere and Company (John Deere) located in 
Ankeny, Iowa, to exclude or delist an annual volume of 600 tons per 
year of F006/F019 wastewater treatment sludge filter cake from the 
lists of hazardous waste set forth in title 40 CFR 261.31, Hazardous 
wastes from non-specific sources. John Deere claims that the petitioned 
waste does not meet the criteria for which EPA listed it, and that 
there are no additional constituents or factors which could cause the 
waste to be hazardous.
    Based on the EPA's evaluation described in section III, in which we 
reviewed the description of the process which generates the waste and 
the analytical data submitted by John Deere, we agree with the 
petitioner that the waste is nonhazardous. We believe that the 
petitioned waste does not meet the criteria for which the waste was 
listed, and that there are no other factors which might cause the waste 
to be hazardous.

A. What action is EPA proposing?

    EPA is proposing: (1) To grant John Deere's delisting petition to 
have its WWTP sludge excluded, or delisted, from the definition of a 
hazardous waste; and subject to certain verification and monitoring 
conditions. (2) To use the Delisting Risk Assessment Software (DRAS) 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

[[Page 49254]]

the petitioned waste, once it is disposed.

B. Why is EPA proposing to approve this delisting?

    John Deere's petition requests an exclusion from the F006 waste 
listing pursuant to 40 CFR 260.20 and 260.22. John Deere does not 
believe that the petitioned waste meets the criteria for which EPA 
listed it. John Deere 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.  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 
John Deere is based on the information submitted in support of this 
rule, including descriptions of the wastes and analytical data from the 
John Deere, Ankeny, IA facility.

C. How will John Deere manage the waste, if it is delisted?

    If the sludge is delisted, the WWTP sludge from John Deere will be 
disposed at a RCRA Subtitle D landfill permitted by the Iowa Department 
of Natural Resources.

D. When would the proposed delisting exclusion be finalized?

    RCRA section 3001(f) specifically requires EPA to provide a notice 
and an opportunity for comment before granting or denying a final 
exclusion. Thus, EPA will not grant the exclusion until it addresses 
all timely public comments (including those at public hearings, if any) 
on this proposal.
    RCRA section 3010(b)(1) at 42 U.S.C.A. 6930(b)(1), allows rules to 
become effective in less than six months when the regulated facility 
does not need the six-month period to come into compliance. That is the 
case here, because this rule, if finalized, would reduce the existing 
requirements for persons generating hazardous wastes.
    EPA believes that this exclusion should be effective immediately 
upon final publication because a six-month deadline is not necessary to 
achieve the purpose of section 3010(b), and a later effective date 
would impose unnecessary hardship and expense on this petitioner. These 
reasons also provide good cause for making this rule effective 
immediately, upon final publication, under the Administrative Procedure 
Act, 5 U.S.C. 553(d).

II. Background

A. What is a listed waste?

    The EPA published an amended list of hazardous wastes from 
nonspecific and specific sources on January 16, 1981, as part of its 
final and interim final regulations implementing section 3001 of 
Resource Conservation and Recovery Act (RCRA). The EPA has amended this 
list several times and publishes it in 40 CFR 261.31 and 261.32.
    We list these wastes as hazardous because: (1) They typically and 
frequently exhibit one or more of the characteristics of hazardous 
wastes identified in subpart C of part 261 (that is, ignitability, 
corrosivity, reactivity, and toxicity) or (2) they meet the criteria 
for listing contained in Sec.  261.11(a)(2) or (3).

B. What is a delisting petition?

    Individual waste streams may vary depending on raw materials, 
industrial processes, and other factors. Thus, while a waste described 
in the regulations generally is hazardous, a specific waste from an 
individual facility meeting the listing description may not be.
    The procedure to exclude or delist a waste in 40 CFR 260.20 and 
260.22 allows a person, or a facility, to submit a petition to the EPA 
or to an authorized state demonstrating that a specific waste from a 
particular generating facility is not hazardous.
    In a delisting petition, the petitioner must show that a waste does 
not meet any of the criteria for listed wastes in 40 CFR 261.11 and 
that the waste does not exhibit any of the hazardous waste 
characteristics of ignitability, reactivity, corrosivity, or toxicity. 
The petitioner must present sufficient information for the Agency to 
decide whether any factors in addition to those for which the waste was 
listed warrant retaining it as a hazardous waste. (See Sec.  260.22, 42 
U.S.C. 6921(f) and the background documents for the listed wastes.)
    If a delisting petition is granted, the generator remains obligated 
under RCRA to confirm that the waste remains nonhazardous.

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

    In reviewing this petition, we considered the original listing 
criteria and the additional factors required by the Hazardous and Solid 
Waste Amendments of 1984 (HSWA). See section 222 of HSWA, 42 U.S.C. 
6921(f), and 40 CFR 260.22(d)(2)-(4). We evaluated the petitioned waste 
against the listing criteria and factors cited in Sec.  261.11(a)(2) 
and (3).
    Besides considering the criteria in 40 CFR 260.22(a), 261.11(a)(2) 
and (3), 42 U.S.C. 6921(f), and in the background documents for the 
listed wastes, EPA must consider any factors (including additional 
constituents), other than those for which we listed the waste, if these 
additional factors could cause the waste to be hazardous.
    Our tentative decision to delist waste from John Deere's facility 
is based on our evaluation of the waste for factors or criteria which 
could cause the waste to be hazardous. These factors included: (1) 
Whether the waste is considered acutely toxic; (2) the toxicity of the 
constituents; (3) the concentration of the constituents in the waste; 
(4) the tendency of the constituents to migrate and to bioaccumulate; 
(5) the persistence in the environment of any constituents once 
released from the waste; (6) plausible and specific types of management 
of the petitioned waste; (7) the quantity of waste produced; and (8) 
waste variability.
    EPA must also consider as hazardous wastes, mixtures containing 
listed hazardous wastes and wastes derived from treating, storing, or 
disposing of listed hazardous waste. See 40 CFR 261.3(a)(2)(iv) and 
(c)(2)(i), called the ``mixture'' and ``derived-from'' rules, 
respectively. Mixture and derived-from

[[Page 49255]]

wastes are also eligible for exclusion but remain hazardous until 
excluded.

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

A. What waste did John Deere petition EPA to delist?

    On January 28, 2014, John Deere (through its consultant) petitioned 
EPA to exclude from the list of hazardous wastes contained in 40 CFR 
261.31, F006/F019 Waste Water Treatment Sludge Filter Cake (Filter 
Cake) from dewatering sludge generated by the plant wastewater 
treatment facility from the John Deere facility located in Ankeny, 
Iowa. The filter cake is subject to two waste listings as it is the 
result of treating a mixture of wastewater from different manufacturing 
processes. F006 is defined in Sec.  261.31 as ``Wastewater treatment 
sludges from electroplating operations . . .'' F019 is defined in Sec.  
261.31 as ``Wastewater treatment sludges from the chemical conversion 
coating of aluminum . . .'' John Deere claims that the petitioned waste 
does not meet the criteria for which F006 was listed (i.e., cadmium, 
hexavalent chromium, nickel, cyanide (complexed)) or for which F019 was 
listed (i.e., hexavalent chromium, cyanide (complexed)) and that there 
are no other factors which would cause the waste to be hazardous. 
Specifically, the petition request is for a standard exclusion for 600 
tons per calendar year of Filter Cake.

B. How does John Deere generate the waste?

    The Filter Cake John Deere generates is from the plant wastewater 
treatment facility. Wastewater is generated from a variety of 
manufacturing activities at the facility. Approximately 106,000 gallons 
per day of [total] wastewater is conveyed to the wastewater treatment 
facility. The wastewater is a combination of wastewater from washing/
cleaning, plating and coating metal parts manufactured and/or used in 
the assembly of agricultural equipment at the facility. Those processes 
that account for highest wastewater generation include: chrome 
electroplating (15,000 gallons per day or 15,000 gpd) the source of the 
wastewater for the F006 listing, E-Coat system (54,000 gpd) the source 
of the F019 listing, heat treat (10,000 gpd), and Department 20C Wash 
Line (16,000 gpd). The wastewater from chrome electroplating is pre-
treated to reduce hexavalent chromium to trivalent chromium before it 
is transferred to John Deere's wastewater treatment facility generating 
the Filter Cake. All wastewater generated onsite is transferred to the 
wastewater treatment facility where it is treated to remove dirt, oil, 
grease, metals and other constituents before it is discharged under a 
``Water Contribution Permit'' (Permit Number A10138 issued by the [City 
of Des Moines] Waste Water Regulation Authority) via sewers to a 
publicly owned treatment works operated by the City of Des Moines.

C. How did John Deere sample and analyze the petitioned waste?

    To support its petition, John Deere submitted: (1) Facility 
information on production processes and waste generation processes; (2) 
initial Filter Cake composite sample analytical results to determine 
constituents of concern (COC); and (3) Analytical results from six 
composite samples of Filter Cake for the COC. The initial sample was 
analyzed for EPA's list of hazardous constituents in 40 CFR part 261, 
appendix VIII, pesticides, PCBs. The COC selected from the initial 
composite sample results are barium, chromium, hexavalent chromium, 
copper, lead, mercury, nickel, vanadium, zinc, cyanide, acetone and 
methyl ethyl ketone. Both total and leachable concentrations of the COC 
in the Filter Cake were determined.
    John Deere generated the sampling data used in the Delisting Risk 
Assessment Software (DRAS) under a Sampling Plan and Quality Assurance 
Project Plan (June 2012 Revision). EPA believes that the sampling 
procedures used by John Deere satisfy EPA's criteria for collecting 
representative samples of the F006/F019 waste.

D. What were the results of John Deere's analysis of the waste?

    EPA believes that John Deere's analytical characterization provides 
a reasonable basis to grant John Deere's petition for an exclusion of 
the [wastewater treatment sludge] Filter Cake. Furthermore, EPA 
believes the data submitted in support of the petition show that the 
sludge is non-hazardous. Analytical data for the wastewater treatment 
sludge samples were used in the DRAS to develop delisting levels.
    The data for the total concentration of COC in the Filter Cake are 
as follows: milligrams per kilogram (mg/kg) Barium--643; Copper--959; 
Chromium--15,000; Hexavalent Chromium--13.6; Cyanide--1.92; Lead--291; 
Mercury--0.635; Nickel--1,010; Vanadium--253; Zinc--3,390; Acetone--
9.13; and Methyl Ethyl Ketone--0.191. The data for the leachate 
concentration of COC in the Filter Cake are as follows: milligrams per 
liter (mg/l) Barium--.0272; Copper--0.442; Chromium--0.826; Cyanide--
<0.01; Lead--<0.05; Mercury--0.000702; Nickel--0.744; Vanadium--0.0164; 
Zinc--0.403; Acetone--0.001; and Methyl Ethyl Ketone--0.001. Note that 
the above levels represent the highest COC concentration result 
reported. If the result was reported as ``non-detect'' (shown above by 
a ``<'') the detection limit was used in the analysis. Hexavalent 
chromium was analyzed with DRAS at milligrams per liter (mg/l) 0.0826 
(one tenth of the chromium leachate value).

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

    For this delisting determination, we assumed that the waste would 
be disposed in a Subtitle D landfill and we considered transport of 
waste constituents through groundwater, surface water and air. We 
evaluated John Deere's petitioned waste using the Agency's Delisting 
Risk Assessment Software (DRAS) described in 65 FR 58015 (September 27, 
2000), 65 FR 75637 (December 4, 2000), and 73 FR 28768 (May 19, 2008) 
to predict the maximum allowable concentrations of hazardous 
constituents that may be released from the petitioned waste after 
disposal and determined the potential impact of the disposal of John 
Deere's petitioned waste on human health and the environment. To 
predict the potential for release to groundwater from landfilled wastes 
and subsequent routes of exposure to a receptor, the DRAS uses dilution 
attenuation factors derived from EPA's Composite Model for Leachate 
Migration and Transformation Products (EPACMTP). From a release to 
groundwater, the DRAS considers routes of exposure to a human receptor 
of ingestion of contaminated groundwater, inhalation from groundwater 
while showering and dermal contact from groundwater while bathing.
    From a release to surface water by erosion of waste from an open 
landfill into stormwater run-off, DRAS evaluates the exposure to a 
human receptor by fish ingestion and ingestion of drinking water. From 
a release of waste particles and volatile emissions to air from the 
surface of an open landfill, DRAS considers routes of exposure of 
inhalation of volatile constituents, inhalation of particles, and air 
deposition of particles on residential soil and subsequent ingestion of 
the contaminated soil by a child. The technical support document and 
the user's guide to DRAS are included in the docket.

[[Page 49256]]

    At a benchmark cancer risk of one in one hundred thousand (1 x 
10-\5\) and a benchmark hazard quotient of 1.0, the DRAS 
program determined maximum allowable concentrations for each 
constituent in both the waste and the leachate at an annual waste 
volume of 1000 cubic yards disposed in a landfill for 20 years after 
which time the landfill is closed. We used the maximum reported total 
and TCLP leachate concentrations as inputs to estimate the constituent 
concentrations in the groundwater, soil, surface water and air.

F. What did EPA conclude about John Deere's waste?

    The maximum reported concentrations of the hazardous constituents 
found in this waste are presented above in section D. The maximum 
allowable total COC concentrations in the Filter Cake as determined by 
the DRAS are as follows: milligrams per kilogram (mg/kg) Barium--2.85 x 
10\7\; Copper--5.34 x 10\6\; Chromium (III)--4.56 x 10\10\; Hexavalent 
Chromium--1.36 x 10\4\; Cyanide--2.99 x 10\6\; Lead--1.09 x 10\7\; 
Mercury--1.86 x 10\1\; Nickel--4.76 x 10\6\; Vanadium--1.52 x 10\8\; 
Zinc--1.38 x 10\7\; Acetone--3.63 x 10\8\; and Methyl Ethyl Ketone--
1.45 x 10\9\. The maximum allowable leachate COC concentrations in the 
Filter Cake as determined by the DRAS are as follows: milligrams per 
liter (mg/l) Copper--1.78 x 10\2\; Hexavalent Chromium--1.38 x 10\1\; 
Cyanide--2.27 x 10\1\; Lead--4.18; Nickel--9.78 x 10\1\; Vanadium--2.47 
x 10\1\; Zinc--1.48 x 10\3\; Acetone--3.84 x 10\3\; and. The maximum 
allowable leachate COC concentrations in the Filter Cake as determined 
by TCLP are as follows: milligrams per liter (mg/l) Barium--100; 
Chromium (total)--5; Mercury--2 x 10-\1\; and Methyl Ethyl 
Ketone--200. The concentrations of all constituents in both the waste 
and the leachate are below the allowable concentrations. We conclude 
that John Deere's Filter Cake is not a substantial or potential hazard 
to human health and the environment when disposed of in a Subtitle D 
landfill.
    We propose to grant an exclusion for the Filter Cake. If this 
exclusion is finalized, John Deere must dispose of the Filter Cake in a 
Subtitle D landfill permitted, licensed or otherwise authorized by a 
state RCRA solid waste permit program, and will remain obligated to 
verify that the waste meets the allowable concentrations set forth 
here. John Deere must also continue to determine whether the Filter 
Cake is identified in subpart C of 40 CFR part 261.

IV. Conditions for Exclusion

A. When would EPA finalize the proposed delisting exclusion?

    HSWA specifically requires the EPA to provide notice and an 
opportunity for comment before granting or denying a final exclusion. 
Thus, EPA will not make a final decision or grant an exclusion until it 
has addressed all timely public comments on today's proposal, including 
any at public hearings.
    Since this rule would reduce the existing requirements for persons 
generating hazardous wastes, the regulated community does not need a 
six-month period to come into compliance in accordance with section 
3010 of RCRA as amended by HSWA therefore a final rule granting John 
Deere's petition is proposed to be effective immediately upon 
publication in the Federal Register. Similarly, since John Deere is 
already required to comply with RCRA Subtitle C for the management of 
the petitioned waste, a final rule denying the petition would be 
effective immediately upon publication in the Federal Register as the 
petitioned waste would remain status quo--a hazardous waste.

B. How will John Deere manage the waste if it is delisted?

    If the petitioned waste is delisted, John Deere must dispose of it 
in a subtitle D landfill which is permitted, licensed, or otherwise 
authorized by a state to manage industrial waste.

C. With what conditions must the petitioner comply?

    The petitioner, John Deere, must comply with the conditions which 
will be in 40 CFR part 261, appendix IX, table 1. The text below gives 
the rationale and details of those requirements.
    (1) Delisting Levels: This paragraph provides the levels of 
constituents for which John Deere must test the WWTP sludge, below 
which these wastes would be considered non-hazardous. EPA selected the 
set of constituents and levels specified in paragraph (1) of 40 CFR 
part 261, appendix IX, table 1, (the exclusion language) based on 
information in the petition, information from DRAS and variability of 
the WWTP sludge composition. The proposed levels EPA compiled the 
constituents list from the composition of the waste, descriptions of 
John Deere's treatment process, previous test data provided for the 
waste, and the respective health-based levels used in delisting 
decision-making.
    (2) Waste Holding and Handling: The purpose of this paragraph is to 
ensure that John Deere manages and disposes of any Filter Cake that 
contains hazardous levels of inorganic and organic constituents 
according to Subtitle C of RCRA. Managing the Filter Cake as a 
hazardous waste until initial verification testing is performed will 
protect against improper handling of hazardous material. Unless and 
until EPA concurs that the initial verification data collected under 
paragraph (3) supports the data provided in the petition, the exclusion 
will not cover the petitioned waste. The exclusion is effective upon 
publication in the Federal Register but the disposal as non-hazardous 
waste cannot begin until two quarters of verification sampling is 
completed and an approval is obtained from EPA.
    (3) Verification Testing Requirements: John Deere must implement a 
verification testing program on the Filter Cake to assure that the 
sludge does not exceed the maximum levels specified in paragraph (1) of 
the exclusion language. The first part of the verification testing 
program is the quarterly testing of representative samples of the 
Filter Cake during the first year of waste generation (two quarters 
prior to obtaining written EPA approval and two additional quarters). 
The proposed testing would verify that John Deere operates a treatment 
facility where the constituent concentrations of the Filter Cake do not 
exhibit unacceptable temporal and spatial levels of toxic constituents. 
John Deere would begin quarterly sampling 30 days after the final 
exclusion as described in paragraph (3)(A) of the exclusion language. 
Consequently this program will ensure that the sludge is evaluated in 
terms of variation in constituent concentrations in the Filter Cake 
over time. Following two consecutive quarters of sampling where the 
levels of constituents do not exceed the levels in paragraph (1), John 
Deere can then manage and dispose of the Filter Cake as non-hazardous 
in accordance with all applicable solid waste regulations following EPA 
approval. If EPA determines that the data collected under this 
paragraph does not support the data provided in the petition, the 
exclusion will not cover the generated Filter Cake. John Deere must 
then prove through a new demonstration that its Filter Cake meets the 
conditions of the exclusion.
    The second part of the verification testing program is the annual 
testing of representative samples of the Filter Cake, per paragraph 
(3)(B) of the exclusion language. To confirm that the characteristics 
of the waste do not

[[Page 49257]]

change significantly over time, John Deere must continue to analyze a 
representative sample of the Filter Cake on an annual basis. Annual 
testing requires analyzing the full list of constituents in paragraph 
(1) of the exclusion language. If operating conditions change as 
described in paragraph (4) of the exclusion language, John Deere must 
reinstate all testing in paragraph (1) of the exclusion language. John 
Deere must then prove through a new demonstration that its Filter Cake 
meets the conditions of the exclusion. If the annual testing of the 
Filter Cake does not meet the delisting requirements in paragraph (1), 
John Deere must notify EPA according to the requirements in paragraph 
(6) of the exclusion language. The facility must provide sampling 
results that support the rationale that the delisting exclusion should 
not be withdrawn.
    (4) Changes in Operating Conditions: Paragraph (4) of the exclusion 
language would allow John Deere the flexibility of modifying its 
processes (for example, changes in equipment or operating conditions). 
However, if significant changes to the manufacturing or treatment 
process described in the petition, or the chemicals used in the 
manufacturing or treatment process are made, then John Deere must prove 
the that the modified process(es)/chemicals will not affect the 
composition or type of Filter Cake generated and must request approval 
from EPA. EPA will determine if these changes will result in additional 
COCs. John Deere must manage Filter Cake generated during the new 
process demonstration as hazardous waste until it has obtained written 
approval from EPA and paragraph (3) of the exclusion language is 
satisfied.
    If the proposed exclusion is made final, it will apply only to a 
maximum of 600 tons per calendar year of Filter Cake generated at John 
Deere after successful verification testing. EPA would require John 
Deere to file a new delisting petition if it generates waste volumes 
greater than 600 tons per calendar year of Filter Cake. John Deere must 
manage these greater volumes as hazardous waste unless and until EPA 
grants a new exclusion.
    EPA may review and approve changes in writing or alternatively may 
require John Deere to file a new delisting petition under any of the 
following circumstances:
    (a) If it significantly alters the wastewater treatment process;
    (b) If it significantly changes from the current manufacturing 
process(es) described in the John Deere petition; or
    (c) If it makes any changes that could affect the composition or 
type of waste generated such that the changes would cause any of the 
constituents in paragraph (1) of the exclusion language to potentially 
be above the delisting levels or would introduce any new constituents 
into the waste.
    (5) Data Submittals and Recordkeeping: To provide appropriate 
documentation that John Deere's Filter Cake is meeting the delisting 
levels, John Deere must submit reports to EPA as specified in the 
conditions, and must compile, summarize, and keep delisting records on-
site for a minimum of five years. It must keep all analytical data 
obtained through paragraph (3) of the exclusion language including 
quality control information for five years. Paragraph (5) of the 
exclusion language requires that John Deere furnish the data upon 
request for inspection by any employee or representative of EPA or the 
State of Iowa.
    (6) Reopener: The purpose of paragraph (6) of the exclusion 
language is to require John Deere to disclose new or different 
information related to a condition at the facility or disposal of the 
Filter Cake, if it is pertinent to the delisting. This provision will 
allow EPA to reevaluate the exclusion, if a source provides new or 
additional information to EPA. EPA will evaluate the information on 
which EPA based the decision to see if it is still correct, or if 
circumstances have changed so that the information is no longer correct 
or would cause EPA to deny the petition, if presented.
    This provision expressly requires John Deere to report differing 
site conditions or assumptions used in the petition in addition to 
failure to meet the annual testing conditions within 10 days of 
discovery. If EPA discovers such information itself or from a third 
party, it can act on it as appropriate. The language being proposed is 
similar to those provisions found in RCRA regulations governing no-
migration petitions at Sec.  268.6.
    It is EPA's position that it has the authority under RCRA and the 
Administrative Procedures Act (APA), 5 U.S.C. 551 (1978) et seq., to 
reopen a delisting decision when it receives new information that calls 
into question the assumptions underlying the delisting. EPA believes a 
clear statement of its authority in delisting is merited in light of 
EPA's experience. See the Federal Register notices regarding Reynolds 
Metals Company at 62 FR 37694 (July 14, 1997) and 62 FR 63458 (December 
1, 1997) where the delisted waste leached at greater concentrations 
into the environment than the concentrations predicted when conducting 
the TCLP, leading EPA to repeal the delisting. If an immediate threat 
to human health and the environment presents itself, EPA will continue 
to address these situations on a case-by-case basis. Where necessary, 
EPA will make a good cause finding to justify emergency rulemaking. See 
APA section 553(b).
    (7) Notification Requirements: In order to adequately track wastes 
that have been delisted, EPA is requiring that John Deere provide a 
one-time written notification to any state regulatory agency through 
which or to which the delisted waste is being transported. John Deere 
must provide this notification 60 days before commencing this activity. 
In addition to providing this notification, John Deere is advised to 
verify with each state the status of EPA's delisting decision under 
state law (see the discussion in Section V. for specifics).

D. What happens if John Deere violates the terms and conditions of the 
exclusion?

    If John Deere violates the terms and conditions established in the 
exclusion, the Filter Cake would not be exempt from subtitle C since 
this is a conditional exclusion, and thus the Filter Cake would be 
subject to hazardous waste management requirements. EPA also could then 
initiate procedures to withdraw the exclusion. Where there is an 
immediate threat to human health and the environment, EPA will evaluate 
the need for enforcement activities on a case-by-case basis. EPA 
expects John Deere to conduct the appropriate waste analysis and comply 
with the criteria explained above in paragraph (1) of the exclusion.

V. How would this action affect the states?

    EPA is issuing this exclusion under the Federal RCRA delisting 
program. Thus, upon the exclusion being finalized, the wastes covered 
will be removed from subtitle C control under the Federal RCRA program. 
This will mean, first, that the wastes will be delisted in any State or 
territory where the EPA is directly administering the RCRA program 
(e.g., Iowa, Indian Country). Thus, the delisting would be valid in 
Iowa on the effective date of a final rule delisting the petitioned 
waste. However, whether the wastes will be delisted in other States 
which have been authorized to administer the RCRA program will vary 
depending upon the authorization status of the States and

[[Page 49258]]

the particular requirements regarding delisted wastes in the various 
States.
    Some generally authorized States have not received authorization 
for delisting. Thus, the EPA makes delisting determinations for such 
States. However, RCRA allows states to impose their own 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, 
or that requires a State concurrence before the Federal exclusion takes 
effect, or that allows the State to add conditions to any Federal 
exclusion. The petitioner must contact the state regulatory authority 
in each State to or through which it may wish to ship its wastes to 
establish the status of its wastes under the state's laws and 
regulations affecting transport and disposal of the petitioned waste.
    EPA has also authorized some states to administer a delisting 
program in place of the Federal program, that is, to make state 
delisting decisions. In such states, the state delisting requirements 
operate in lieu of the Federal delisting requirements. Therefore, this 
exclusion does not apply in those authorized states unless the state 
makes the rule part of its authorized program. If John Deere transports 
the Federally excluded waste to or manages the waste in any state with 
delisting authorization, John Deere must obtain a delisting 
authorization from that state before it can manage the waste as non-
hazardous in that state.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this rule is not of general applicability 
and therefore, is not a regulatory action subject to review by the 
Office of Management and Budget (OMB). This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a 
particular facility only. Because this rule is of particular 
applicability relating to a particular facility, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because 
this rule will affect only a particular facility, it will not 
significantly or uniquely affect small governments, as specified in 
section 203 of UMRA. Because this rule will affect only a particular 
facility, this proposed rule does not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, ``Federalism'', (64 
FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply 
to this rule.
    Similarly, because this rule will affect only a particular 
facility, this proposed rule does not have tribal implications, as 
specified in Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, 
Executive Order 13175 does not apply to this rule. This rule also is 
not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant as defined in 
Executive Order 12866, and because the Agency does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children. The basis for this 
belief is that the Agency used DRAS, which considers health and safety 
risks to children, to calculate the maximum allowable concentrations 
for this rule. This rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it 
is not a significant regulatory action under Executive Order 12866. 
This rule does not involve technical standards; thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988, ``Civil Justice Reform'', (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report which includes a copy of the rule to 
each House of the Congress and to the Comptroller General of the United 
States. Section 804 exempts from section 801 the following types of 
rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not 
required to submit a rule report regarding today's action under section 
801 because this is a rule of particular applicability. Executive Order 
(EO) 12898 (59 FR 7629 (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 a Subtitle D landfill. 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.

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: August 7, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons set out in the preamble, EPA proposes to amend 40 
CFR part 261 as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

0
2. In Table 1 of Appendix IX to part 261 add the following waste stream 
in alphabetical order by facility to read as follows:

Appendix IX to Part 261[m x dash]Wastes Excluded Under 
Sec. Sec.  260.20 and 260.22

[[Page 49259]]



           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
        Facility                 Address             Waste description
------------------------------------------------------------------------
 
                              * * * * * * *
John Deere Des Moines    Ankeny, IA.............  Wastewater Treatment
 Works of Deere &                                  Sludge Filter Cake
 Company.                                          (WWTS Filter Cake)
                                                   (Hazardous Waste No.
                                                   F006/F019) generated
                                                   from combined onsite
                                                   wastewater treatment
                                                   at the Ankeny, IA,
                                                   facility wastewater
                                                   treatment plant at a
                                                   maximum annual rate
                                                   of 600 tons 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 WWTS
                                                   Filter Cake.
                                                  John Deere must
                                                   implement a testing
                                                   program that meets
                                                   the following
                                                   conditions for the
                                                   exclusion to be
                                                   valid:
                                                  1. Delisting Levels:
                                                   (A) The WWTS Filter
                                                   Cake shall not
                                                   exhibit any of the
                                                   ``Characteristics of
                                                   Hazardous Waste in 40
                                                   CFR 261, Subpart C.
                                                   (B) All TCLP
                                                   leachable
                                                   concentrations (40
                                                   CFR 261.24(a)) 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.
                                                   (C) EPA SW-846 Method
                                                   1313 Extraction at pH
                                                   2.88, 7 and 13
                                                   concentration of
                                                   Chromium (hexavalent)
                                                   must not exceed (mg/
                                                   l) 0.087. (D) All
                                                   total concentrations
                                                   for the following
                                                   constituents must not
                                                   exceed the following
                                                   levels (mg/kg):
                                                   Antimony--103;
                                                   Arsenic--52; Barium--
                                                   965; Beryllium--21;
                                                   Cadmium--10; Chromium
                                                   (total)--22,500;
                                                   Cobalt--11; Copper--
                                                   1439; Lead--437;
                                                   Nickel--1,515;
                                                   Selenium--52; Silver--
                                                   26; Thallium--52;
                                                   Tin--68; Vanadium--
                                                   380; Zinc--5,085;
                                                   Mercury--1; Chromium
                                                   (hexavalent)--20;
                                                   Cyanide--3, Oil and
                                                   Grease--32,250;
                                                   Acetone--8; Methyl
                                                   Ethyl Ketone (MEK)--
                                                   0.3.
                                                  2. Waste Handling and
                                                   Holding: (A) John
                                                   Deere must manage as
                                                   hazardous all WWTS
                                                   Filter Cake 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
                                                   from EPA. (B) Levels
                                                   of constituents
                                                   measured in the
                                                   samples of the WWTS
                                                   Filter Cake 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, John Deere
                                                   can manage and
                                                   dispose of the non-
                                                   hazardous WWTS Filter
                                                   Cake 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, John Deere
                                                   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). John Deere 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:
                                                   John Deere must
                                                   perform sample
                                                   collection and
                                                   analyses in
                                                   accordance with the
                                                   Quality Assurance
                                                   Project Plan
                                                   submitted with the
                                                   ``John Deere Des
                                                   Moines, Iowa,
                                                   Sampling and Analysis
                                                   Plan for Delisting of
                                                   F006 and F019 Filter
                                                   Cake, June 2012.''
                                                   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, 1313,
                                                   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 John
                                                   Deere 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, John Deere
                                                   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 WWTS Filter Cake
                                                   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
                                                   John Deere becomes
                                                   aware of any
                                                   exceedance. (iii)
                                                   Within thirty (30)
                                                   days after taking
                                                   each quarterly
                                                   sample, John Deere
                                                   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, John Deere
                                                   can manage and
                                                   dispose the non-
                                                   hazardous sludge
                                                   according to all
                                                   applicable solid
                                                   waste regulations.
                                                   (B) Annual Testing:
                                                   (i) If John Deere
                                                   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),
                                                   John Deere may begin
                                                   annual testing as
                                                   follows: John Deere
                                                   must test two
                                                   representative
                                                   composite samples of
                                                   the WWTS Filter Cake
                                                   (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)
                                                   John Deere shall
                                                   submit an annual
                                                   testing report to EPA
                                                   with its annual test
                                                   results, within
                                                   thirty (30) days
                                                   after taking each
                                                   annual sample. The
                                                   annual testing report
                                                   also shall include
                                                   the total amount of
                                                   waste in tons
                                                   disposed during the
                                                   calendar year.

[[Page 49260]]

 
                                                  4. Changes in
                                                   Operating Conditions:
                                                   If John Deere
                                                   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
                                                   WWTS Filter Cake
                                                   generated from the
                                                   new process as non-
                                                   hazardous unless and
                                                   until the WWTS Filter
                                                   Cake is shown to meet
                                                   the delisting levels
                                                   set in paragraph (1),
                                                   John Deere
                                                   demonstrates that no
                                                   new hazardous
                                                   constituents listed
                                                   in appendix VIII of
                                                   part 261 have been
                                                   introduced, and John
                                                   Deere 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
                                                   John Deere to file a
                                                   new delisting
                                                   petition.
                                                  5. Data Submittals and
                                                   Recordkeeping: John
                                                   Deere must submit the
                                                   information described
                                                   below. If John Deere
                                                   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). John
                                                   Deere must: (A)
                                                   Submit the data
                                                   obtained through
                                                   paragraph (3) to the
                                                   Chief, Waste
                                                   Remediation and
                                                   Permits Branch, US
                                                   EPA Region 7, 11201
                                                   Renner Boulevard,
                                                   Lenexa KS 66219,
                                                   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
                                                   WWTS Filter Cake
                                                   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: (A) If,
                                                   any time after
                                                   disposal of the
                                                   delisted waste, John
                                                   Deere 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
                                                   John Deere must
                                                   report such data, in
                                                   writing, to the
                                                   Chief, Waste
                                                   Remediation and
                                                   Permits Branch, US
                                                   EPA Region 7, 11201
                                                   Renner Boulevard,
                                                   Lenexa KS 66219
                                                   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, EPA
                                                   Region 7, 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 John Deere 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
                                                   John Deere with an
                                                   opportunity to
                                                   present information
                                                   as to why the
                                                   proposed Agency
                                                   action is not
                                                   necessary or to
                                                   suggest an
                                                   alternative action.
                                                   John Deere shall have
                                                   30 days from the date
                                                   of the Regional
                                                   Administrator's
                                                   notice to present the
                                                   information. (D) If
                                                   after 30 days John
                                                   Deere 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: John
                                                   Deere 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 into 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. 2014-19771 Filed 8-19-14; 8:45 am]
BILLING CODE 6560-50-P