Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion
Federal Register, Volume 79 Issue 227 (Tuesday, November 25, 2014)
Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)
Rules and Regulations
Pages 70108-70113
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-27780
-----------------------------------------------------------------------
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:
-
Overview Information
-
What action is EPA finalizing?
-
Why is EPA approving this action?
-
What are the limits of this exclusion?
-
How will John Deere manage the waste, when delisted?
-
When is the final delisting exclusion effective?
-
How Does this final rule affect States?
-
-
Background
-
What is a delisting petition?
-
What regulations allow facilities to delist a waste?
-
What information must the generator supply?
-
-
EPA's Evaluation of the Waste Information and Data
-
What waste did John Deere petition EPA to delist?
-
How much waste did John Deere propose to delist?
-
How did John Deere sample and analyze the waste data in this petition?
-
-
Public Comments Received on the Proposed Exclusions
-
Statutory and Executive Order Reviews
-
Overview Information
-
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.
-
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.
-
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.
-
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.
-
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).
-
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.
-
-
Background
-
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.
-
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.
-
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.
-
-
EPA's Evaluation of the Waste Information and Data
-
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.
-
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.
-
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.
-
-
Public Comments Received on the Proposed Exclusions
No comments were received during the comment period.
-
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
-
The authority citation for part 261 continues to read as follows:
Authority: 42 U.S. C. 6905, 6912(a), 6921, 6922, and 6938.
0
-
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:
-
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.
-
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
-
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.
-
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.
-
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
-
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.
-
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.
* * * * * * *
------------------------------------------------------------------------
* * * * *
FR Doc. 2014-27780 Filed 11-24-14; 8:45 am
BILLING CODE 6560-50-P
-
