[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70108-70113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27780]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R07-RCRA-2014-0452; FRL-9919-72-Region-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is granting the 
petition submitted by 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. This final rule responds to a petition submitted by 
John Deere to 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.
    After careful analysis and use of the Delisting Risk Assessment 
Software (DRAS), EPA has concluded the petitioned waste is not 
hazardous waste. The F006/F019 exclusion is a conditional exclusion for 
600 cubic yards per year of the F006/F019 wastewater treatment sludge.
    Accordingly, this final rule excludes the petitioned waste from the 
requirements of hazardous waste regulations under the Resource 
Conservation and Recovery Act (RCRA).

DATES: This final rule is effective on November 25, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-RCRA-2014-0452. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly

[[Page 70109]]

available only in hard copy form. Publicly available docket materials 
are available either electronically through www.regulations.gov or in 
hard copy by contacting the further information contact below. The 
public may copy material from any regulatory docket at no cost for the 
first 100 pages and at a cost of $0.15 per page for additional copies.

FOR FURTHER INFORMATION CONTACT: Kenneth Herstowski, Waste Remediation 
and Permits Branch, Air and Waste Management Division, EPA Region 7, 
11201 Renner Blvd., Lenexa, KS 66219; telephone 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 finalizing?
    B. Why is EPA approving this action?
    C. What are the limits of this exclusion?
    D. How will John Deere manage the waste, when delisted?
    E. When is the final delisting exclusion effective?
    F. How Does this final rule affect States?
II. Background
    A. What is a delisting petition?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did John Deere petition EPA to delist?
    B. How much waste did John Deere propose to delist?
    C. How did John Deere sample and analyze the waste data in this 
petition?
IV. Public Comments Received on the Proposed Exclusions
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    After evaluating the petition for John Deere, EPA proposed, on 
August 20, 2014 (79 FR 49252), to exclude the waste from the lists of 
hazardous waste under section 261.31. EPA is finalizing the decision to 
grant John Deere's delisting petition to have its F006/F019 wastewater 
treatment sludge excluded, or delisted, from the definition of a 
hazardous waste, once it is disposed in a Subtitle D landfill.

B. Why is EPA approving this action?

    John Deere's petition requests a delisting from the F006/F019 waste 
listing under 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 final 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 
nonhazardous 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 wastes to be 
hazardous. EPA considered whether the waste is acutely toxic, the 
concentrations 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 final 
decision to delist the waste from John Deere's facility is based on the 
information submitted in support of this rule, including a description 
of the waste and analytical data from the John Deere Des Moines, 
Ankeny, Iowa, facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in John Deere's 
petition only if the requirements described in 40 CFR part 261, 
appendix IX, table 1 and the conditions contained herein are satisfied.

D. How will John Deere manage the waste, when delisted?

    The delisted F006/F019 wastewater treatment sludge will be disposed 
of in a Subtitle D landfill which is permitted, licensed or otherwise 
authorized by a state to manage industrial waste.

E. When is the final delisting exclusion effective?

    This rule is effective November 25, 2014. The Hazardous and Solid 
Waste Amendments of 1984 amended Section 3010 of RCRA, 42 U.S.C. 
6930(b)(1), allows rules to become effective in less than six months 
after the rule is published when the regulated community does not need 
the six-month period to come into compliance. That is the case here 
because this rule reduces, rather than increases, the existing 
requirements for persons generating hazardous waste. This reduction in 
existing requirements also provides a basis for making this rule 
effective immediately, upon publication, under the Administrative 
Procedure Act, pursuant to 5 U.S.C. 553(d).

F. How does this final rule affect States?

    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). However, whether the wastes will be 
delisted in states which have been authorized to administer the RCRA 
program will vary depending upon the authorization status of the States 
and the particular requirements regarding delisted wastes in the 
various states.
    Some other 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. We urge the petitioner to 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.
    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

[[Page 70110]]

Deere must obtain a delisting authorization from that state before it 
can manage the waste as non-hazardous in that state.

II. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to EPA or to an 
authorized state to exclude or delist, from the RCRA list of hazardous 
wastes, waste the generator believes should not be considered hazardous 
under RCRA.

B. What regulations allow facilities to delist a waste?

    Under Sec. 260.20 and 260.22, facilities may petition EPA to remove 
their wastes from hazardous waste regulation by excluding them from the 
lists of hazardous wastes contained in Sec. 261.31 and 261.32. 
Specifically, Sec. 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of 40 CFR parts 260 
through 265 and 268. Section 260.22 provides generators the opportunity 
to petition the Administrator to exclude a waste from a particular 
generating facility from the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow EPA 
to determine that the waste to be excluded does not meet any of the 
criteria under which the waste was listed as a hazardous waste. In 
addition, the Administrator must determine, where he/she has a 
reasonable basis to believe that factors (including additional 
constituents) other than those for which the waste was listed could 
cause the waste to be a hazardous waste and that such factors do not 
warrant retaining the waste as a hazardous waste.

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 lists of hazardous waste contained in Section 
261.31 and 261.32, F006/F019 wastewater treatment sludge, generated 
from its John Deere Des Moines facility in Ankeny, Iowa.

B. How much waste did John Deere propose to delist?

    John Deere requested that EPA grant an exclusion for 600 cubic 
yards per year of F006/F019 wastewater treatment sludge.

C. How did John Deere sample and analyze the waste data in this 
petition?

    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.

IV. Public Comments Received on the Proposed Exclusions

    No comments were received during the comment period.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this rule is not of general applicability 
and therefore is not a regulatory action subject to review by the 
Office of Management and Budget (OMB). This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a 
particular facility only. Because this rule is of particular 
applicability relating to a particular facility, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to Sections 202, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because 
this rule will affect only a particular facility, it will not 
significantly or uniquely affect small governments, as specified in 
Section 203 of UMRA. Because this rule will affect only a particular 
facility, this final 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 final 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 the DRAS program, 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

[[Page 70111]]

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 final 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:  Sec. 3001(f), RCRA, 42 U.S.C. 6921(f).

    Dated: November 11, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons set out in the preamble, EPA amends 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--Wastes Excluded Under Sec. Sec.  260.20 and 
260.22

           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
          Facility                   Address          Waste description
------------------------------------------------------------------------
 
                              * * * * * * *
John Deere Des Moines Works   Ankeny, IA..........  Wastewater Treatment
 of Deere & Company.                                 Sludge Filter Cake
                                                     (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 (1) 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.

[[Page 70112]]

 
                                                    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.
                                                    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,
                                                     U.S. 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).

[[Page 70113]]

 
                                                    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,
                                                     U.S. 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. 2014-27780 Filed 11-24-14; 8:45 am]
BILLING CODE 6560-50-P