Hazardous Waste Management System: Identification and Listing of Hazardous Waste Amendment

Federal Register, Volume 77 Issue 141 (Monday, July 23, 2012)

Federal Register Volume 77, Number 141 (Monday, July 23, 2012)

Rules and Regulations

Pages 43002-43004

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2012-17905

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

FRL 9704-1

Hazardous Waste Management System: Identification and Listing of Hazardous Waste Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.

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SUMMARY: The EPA (also, ``the Agency'' or ``we'') is amending an existing exclusion to reflect changes in ownership and name for the ConocoPhillips Billings, Montana Refinery. Today's amendment documents these changes.

DATES: This amendment is effective on July 23, 2012.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, by mail at EPA Region 8, Resource Conservation and Recovery Program, 1595 Wynkoop Street, Mail Code 8P-R, Denver, Colorado 80202, by phone at (303) 312-

6231, or by email at cosentini.christina@epa.gov.

SUPPLEMENTARY INFORMATION: In this document the EPA is amending appendix IX to part 261 to reflect a change in the ownership and name of a particular facility. Today's notice documents the transfer of ownership and name change by updating appendix IX to incorporate the change in owner's name for the ConocoPhillips Billings, Montana Refinery. On May 3, 2012, the EPA was notified that ownership of the Billings, Montana Refinery had been transferred to Phillips 66 Company. Phillips 66 Company certified that the management and operation of the Billings Refinery has not changed due to the restructuring. This notice documents the change by updating appendix IX to incorporate a change in name.

These changes to appendix IX of part 261 are effective July 23, 2012. The Hazardous and Solid Waste Amendments of 1984 amended section 3010 of the Resource Conservation and Recovery Act (RCRA) to allow rules to become effective in less than six months when the regulated community does not need the six-month period to come into compliance. As described above, the change in ownership will not affect the refineries operations. Therefore, a six-month delay in the effective date is not necessary in this case. This provides the basis for making this amendment effective immediately upon publication under the Administrative Procedures Act pursuant to 5 United States Code (U.S.C.) 5531(d).

List of Subjects in 40 CFR Part 261

Environmental protection, Hazardous waste, Recycling, and Reporting and recordkeeping requirements.

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

Dated: June 28, 2012.

Howard M. Cantor,

Acting Regional Administrator, Region 8.

For the reasons set out in the preamble, 40 CFR part 261 is amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.

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2. In Table 1 of Appendix IX to part 261 is amended by removing the '' ConocoPhillips Billings Refinery '' entry and adding a new entry ``Phillips 66 Company, Billings Refinery'' in alphabetical order by facility to read as follows:

Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and 260.22

Table 1--Waste Excluded From Non-Specific Sources

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Facility Address Waste description

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Phillips 66 Company, Billings Billings, Montana................. Residual solids from centrifuge and/or

Refinery (formerly ConocoPhillips filter press processing of storm water

Billings Refinery). tank sludge (F037) generated at a

maximum annual rate of 200 cubic yards

per year must be disposed in a lined

Subtitle D landfill, licensed,

permitted or otherwise authorized by a

state to accept the delisted processed

storm water tank sludge. The exclusion

became effective March 1, 2012.

For the exclusion to be valid, Phillips

66 must implement a verification

testing program that meets the

following Paragraphs:

1. Delisting levels: The constituent

concentrations in a leachate extract of

the waste measured in any sample must

not exceed the following concentrations

(mg/L TCLP): Acenaphthene-37.9;

Antimony-.97; Anthracene-50; Arsenic-

.301; Barium-100; Benz(a)anthracene-

.25; Benzene-.5; Benzo(a)pyrene-1.1;

Benzo(b)fluoranthene-8.7; Benzo(k)

fluoranthene-50; Bis(2-

ethylhexyl)phthalate -50; 2-Butanone -

50; Cadmium-1.0; Carbon disulfide-36;

Chromium- 5.0; Chrysene-25.0; Cobalt-

.763; Cyanide(total)-41.2;

Dibenz(a,h)anthrancene-1.16; Di-n-octyl

phthalate-50; 1,4-Dioxane -36.5;

Ethylbenzene-12; Fluoranthene -8.78;

Fluorene-17.5; Indeno(1,2,3-cd)pyrene-

27.3; Lead-5.0; Mercury-.2; m&p -Cresol-

10.3; Naphthalene-1.17; Nickel-48.2; o-

Cresol-50; Phenanthrene-50; Phenol-50;

Pyrene-15.9; Selenium -1.0; Silver-5.0;

Tetrachloroethene-0.7; Toluene-

26;Trichloroethene -.403; Vanadium-

12.3; Xylenes (total)-22; Zinc-500.

Page 43003

2. Verification Testing: To verify that

the waste does not exceed the specified

delisting levels, Phillips 66 must

collect and analyze two composite

samples of the residual solids from the

processed sludge to account for

potential variability in each tank.

Composite samples must be collected

each time cleanout occurs and residuals

are generated. Sample collection and

analyses, including quality control

procedures, must be performed using

appropriate methods. If oil and grease

comprise less than 1 percent of the

waste, SW-846 Method 1311 must be used

for generation of the leachate extract

used in the testing for constituents of

concern listed above. SW-846 Method

1330A must be used for generation of

the leaching extract if oil and grease

comprise 1 percent or more of the

waste. SW-846 Method 9071B must be used

for determination of oil and grease. SW-

846 Methods 1311, 1330A, and 9071B are

incorporated by reference in 40 CFR

260.11. As applicable, the SW-846

methods might include Methods 1311,

3010, 3510, 6010, 6020, 7470, 7471,

8260, 8270, 9014, 9034, 9213, and 9215.

If leachate concentrations measured in

samples do not exceed the levels set

forth in paragraph 1, Phillips 66 can

dispose of the processed sludge in a

lined Subtitle D landfill which is

permitted, licensed, or registered by

the state of Montana or other state

which is subject to Federal RCRA

delisting.

If constituent levels in any sample and

any retest sample for any constituent

exceed the delisting levels set in

paragraph (1) Phillips 66 must do the

following:

(A) Notify the EPA in accordance with

paragraph (5) and; (B) Manage and

dispose of the process residual solids

as F037 hazardous waste generated under

Subtitle C of RCRA.

3. Changes in Operating Conditions:

Phillips 66 must notify the EPA in

writing if the manufacturing process,

the chemicals used in the manufacturing

process, the treatment process, or the

chemicals used in the treatment process

significantly change. Phillips 66 must

handle wastes generated after the

process change as hazardous until it

has: demonstrated that the wastes

continue to meet the delisting

concentrations in paragraph (1);

demonstrated that no new hazardous

constituents listed in appendix VIII of

part 261 have been introduced; and it

has received written approval from the

EPA.

4. Data Submittal: Whenever tank

cleanout is conducted Phillips 66 must

verify that the residual solids from

the processed storm water tank sludge

meet the delisting levels in 40 CFR 261

Appendix IX Table 1, as amended by this

notice. Phillips 66 must submit the

verification data to U.S. EPA Region 8,

1595 Wynkoop Street, RCRA Delisting

Program, Mail code 8P-HW, Denver, CO

80202. Phillips 66 must compile,

summarize and maintain onsite records

of tank cleanout and process operating

conditions and analytical data for a

period of five years.

5. Reopener Language: (A) If, anytime

after final approval of this exclusion,

Phillips 66 possesses or is otherwise

made aware of any environmental data

(including but not limited to leachate

data or ground water monitoring data)

or any other data relevant to the

delisted waste indicating that any

constituent identified for the

delisting verification testing is at

level higher than the delisting level

allowed by the EPA in granting the

petition, then the facility must report

the data, in writing to the EPA at the

address above, within 10 days of first

possessing or being made aware of that

data.

(B) If Phillips 66 fails to submit the

information described in paragraph (A)

or if any other information is received

from any source, the EPA will make a

preliminary determination as to whether

the reported information requires EPA

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 EPA determines that the

reported information requires the EPA

action, the EPA will notify the

facility in writing of the actions the

agency believes are necessary to

protect human health and the

environment. The notice shall include a

statement of the proposed action and a

statement providing the facility with

an opportunity to present information

as to why the proposed the EPA action

is not necessary. The facility shall

have 30 days from the date of the

notice to present such information.

(D) If after 30 days Phillips 66

presents no further information or

after a review of any submitted

information, the EPA 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 EPAs determination

shall become effective immediately,

unless the EPA provides otherwise.

(E) Notification Requirements: Phillips

66 must do the following before

transporting the delisted waste:

Failure to provide this notification

will result in a violation of the

delisting petition and a possible

revocation of the decision.

(1) 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.

Page 43004

(2) Update the onetime written

notification, if it ships the delisted

waste to a different disposal facility.

(3) Failure to provide this notification

will result in a violation of the

delisting variance and a possible

revocation of the decision.

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FR Doc. 2012-17905 Filed 7-20-12; 8:45 am

BILLING CODE 6560-50-P