[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Rules and Regulations]
[Pages 30228-30235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14859]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 1, 40, 63, 260, 261, 262, 266, 271, 750 and 761
[FRL 8911-7]
Reorganization and Name Change for the Office of Solid Waste
(OSW) Within the Office of Solid Waste and Emergency Response
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On January 18, 2009, the Office of Solid Waste (OSW) was
reorganized and changed its name to the Office of Resource Conservation
and Recovery (ORCR). The name change reflects the breadth of the
responsibilities/authorities that Congress provided to EPA under the
Resource Conservation and Recovery Act (RCRA), the primary authorizing
statute. ORCR has three divisions, which consolidate the operations of
the six divisions under the OSW structure. This reorganization will
create a more efficient structure, consistent with current program
priorities and resource levels, and will enable EPA to better serve the
needs of the public and its key stakeholders over the next 5-10 years.
EPA has increased focus on resource conservation and materials
management; it is expected that focus on this important aspect of the
RCRA program will continue, while maintaining a strong waste management
regulatory and implementation program. EPA is taking final action to
amend the Code of Federal Regulations (CFR) to reflect the
reorganization and name change of the Office of Solid Waste.
DATES: This rule is effective on June 25, 2009.
FOR FURTHER INFORMATION CONTACT: Kathy Bruneske, Office of Resource
Conservation and Recovery (ORCR), U.S. Environmental Protection Agency,
Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC
20460-0002; telephone (703) 308-0096; fax
[[Page 30229]]
number (703) 308-7904; e-mail address [email protected]. For more
information regarding this rule, please visit http://www.epa.gov/epawaste/basicinfo.htm.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action is directed to the public in general, and has
particular applicability to anyone who wants to communicate with the
new Office of Resource Conservation and Recovery, or to submit
information to the Office. Because this action may apply to everyone,
the Agency has not attempted to describe all the specific entities that
may be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Additional Information, Including Copies of This
Document or Other Related Documents?
To obtain electronic copies of this document, and certain other
related documents that are available electronically, please visit
http://www.epa.gov/epawaste/basicinfo.htm.
II. Background
A. What Action Is the Agency Taking?
In recent years, EPA has been increasing its focus on resource
conservation and materials management. It is expected that this will
continue; thus, the new organization increases emphasis on this
important aspect of the RCRA program, while maintaining a strong waste
management regulatory and implementation program.
The reorganization consolidates operations from six to three
divisions and adds a program management staff to the Immediate Office.
The reorganization creates a more efficient structure, consistent with
current Office priorities.
The reorganization consolidates complementary functions in order to
achieve efficiencies in operations. The reorganization:
--Consolidates the four major areas of the Resource Conservation
Challenge (RCC) under one division;
--Combines data collection and data analysis activities thus
streamlining operations to better coordinate efforts to analyze and
present the benefits of the RCRA program; and
--Consolidates waste-to-energy activities in one division and branch.
The three divisions in the new organization are: The Materials
Recovery and Waste Management Division; the Resource Conservation and
Sustainability Division; and, the Program Implementation and
Information Division.
In addition to announcing the reorganization, EPA is amending the
Code of Federal Regulations to reflect the new name of the Office of
Solid Waste.
B. What Is the Agency's Authority for Taking This Action?
EPA is issuing this document under its general rulemaking
authority, Reorganization Plan No. 3 of 1970 (5 U.S.C. app.).
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(A), provides that ``rules of agency organization, procedure,
or practice'' are exempt from notice and comment requirements.
Accordingly, EPA is not taking comment on this action.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this action is not subject to notice and
comment requirements under the Administrative Procedures Act or any
other statute, it is not subject to the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates
Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action
does not significantly or uniquely affect small governments. This
action does not create new binding legal requirements that
substantially and directly affect Tribes under Executive Order 13175
(63 FR 67249, November 9, 2000). This action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999). This action 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 action 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. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that
before certain actions may take effect, the agency promulgating the
action must submit a report, which includes a copy of the action, to
each House of the Congress and to the Comptroller General of the United
States. Because this final action does not contain legally binding
requirements, it is not subject to the Congressional Review Act.
List of Subjects
40 CFR Part 1
Organization and functions.
40 CFR Part 40
Grants administration.
40 CFR Part 63
Environmental protection.
40 CFR Parts 260, 261, and 262
Environmental protection, Hazardous waste.
40 CFR Part 266
Environmental protection, Hazardous waste, Waste treatment and
disposal.
40 CFR Part 271
Environmental protection, Hazardous waste.
40 CFR Part 750
Administrative practice and procedure.
40 CFR Part 761
Environmental protection, Hazardous waste.
Dated: May 26, 2009.
Barry N. Breen,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
0
For the reasons set out in the preamble, title 40 Chapter I of the Code
of Federal Regulations is amended as follows:
PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION
0
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 552
0
2. Section 1.47 is amended by revising the paragraph heading and the
first sentence in paragraph (b) to read as follows:
Sec. 1.47 Office of Solid Waste and Emergency Response.
* * * * *
(b) Office of Resource Conservation and Recovery. The Office of
Resource Conservation and Recovery, under the supervision of a
Director, is responsible
[[Page 30230]]
for the solid and hazardous waste activities of the Agency. * * *
* * * * *
PART 40--RESEARCH AND DEMONSTRATION GRANTS
0
3. The authority citation for part 40 continues to read as follows:
Authority: 7 U.S.C. 136 et seq.; 15 U.S.C. 2609 et seq.; 33
U.S.C. 1254 et seq. and 1443; 42 U.S.C. 241 et seq., 300f et seq.,
1857 et seq., 1891 et seq., and 6901 et seq.
0
4. Section 40.135-1 is amended by revising paragraph (b) to read as
follows:
Sec. 40.135-1 Preapplication coordination.
* * * * *
(b) Applications for grants for demonstration projects funded by
the Office of Resource Conservation and Recovery will be solicited
through the Department of Commerce Business Daily, and selections will
be made on a competitive basis.
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
5. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
6. Appendix D to part 63 is amended by revising Section 1. to read as
follows:
Appendix D to Part 63--Alternative Validation Procedure for EPA Waste
and Wastewater Methods
1. Applicability
This procedure is to be applied exclusively to Environmental
Protection Agency methods developed by the Office of Water and the
Office of Resource Conservation and Recovery. Alternative methods
developed by any other group or agency shall be validated according
to the procedures in Sections 5.1 and 5.3 of Test Method 301, 40 CFR
Part 63, Appendix A. For the purposes of this appendix, ``waste''
means waste and wastewater.
* * * * *
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
0
7. The authority citation for part 260 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934,
6935, 6937, 6938, 6939, and 6974.
0
8. Section 260.21 is amended by revising paragraph (d) to read as
follows:
Sec. 260.21 Petitions for equivalent testing or analytical methods.
* * * * *
(d) If the Administrator amends the regulations to permit use of a
new testing method, the method will be incorporated by reference in
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery,
Washington, DC 20460.
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
9. 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.
0
10. Appendix IX to part 261 is amended by revising entry (5) under
Waste Description for Aptus, Inc. in Table 1 to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Sections 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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* * * * * * *
Aptus, Inc.............................. * * *...................... (5) The test data from Conditions (1),
(2), (3), and (4) must be kept on file
by Aptus for inspection purposes and
must be compiled, summarized, and
submitted to the Director for the
Materials Recovery and Waste Management
Division, Office of Resource
Conservation and Recovery, by certified
mail on a monthly basis and when the
treatment of the cancelled pesticides
and related materials is concluded. The
testing requirements for Conditions (2),
(3), and (4) will continue until Aptus
provides the Director with the results
of four consecutive batch analyses for
the petitioned wastes, none of which
exceed the maximum allowable levels
listed in these conditions and the
Director notifies Aptus that the
conditions have been lifted. All data
submitted will be placed in the RCRA
public docket.
* * * * * * *
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PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
0
11. The authority citation for part 262 continues to read as follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
0
12. Section 262.21 is amended by revising paragraphs (a)(1), (b)
introductory text, (b)(8), (h)(1), and (h)(2) to read as follows:
Sec. 262.21 Manifest tracking numbers, manifest printing, and
obtaining manifest.
(a)(1) A registrant may not print, or have printed, the manifest
for use of distribution unless it has received approval from the EPA
Director of the Office of Resource Conservation and Recovery to do so
under paragraphs (c) and (e) of this section.
* * * * *
(b) A registrant must submit an initial application to the EPA
Director of the Office of Resource Conservation and Recovery that
contains the following information:
* * * * *
(8) A signed certification by a duly authorized employee of the
registrant that the organizations and companies in its application will
comply with the procedures of its approved application and the
requirements of this section and that it will notify the EPA Director
of the Office of Resource Conservation and Recovery of any duplicated
manifest tracking numbers on manifests that have been used or
distributed to other parties as soon as this becomes known.
* * * * *
(h)(1) If an approved registrant would like to update any of the
information provided in its application approved
[[Page 30231]]
under paragraph (c) of this section (e.g., to update a company phone
number or name of contact person), the registrant must revise the
application and submit it to the EPA Director of the Office of Resource
Conservation and Recovery, along with an indication or explanation of
the update, as soon as practicable after the change occurs. The Agency
either will approve or deny the revision. If the Agency denies the
revision, it will explain the reasons for the denial, and it will
contact the registrant and request further modification before
approval.
(2) If the registrant would like a new tracking number suffix, the
registrant must submit a proposed suffix to the EPA Director of the
Office of Resource Conservation and Recovery, along with the reason for
requesting it. The Agency will either approve the suffix or deny the
suffix and provide an explanation why it is not acceptable.
* * * * *
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
0
13. The authority citation for part 266 continues to read as follows:
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905,
6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.
0
14. Appendix IX to Part 266 is amended by revising Section 7.3 to read
as follows:
Appendix IX to Part 266--Methods Manual for Compliance With the BIF
Regulations
* * * * *
7.3 Normal Distribution Assumption
As noted in Section 7.2 above, this statistical approach (use of
the upper tolerance limit) for calculation of the concentration in
normal residue is based on the assumption that the concentration
data are distributed normally. The Agency is aware that
concentration data of this type may not always be distributed
normally, particularly when concentrations are near the detection
limits. There are a number of procedures that can be used to test
the distribution of a data set. For example, the Shapiro-Wilk test,
examination of a histogram or plot of the data on normal probability
paper, and examination of the coefficient of skewness are methods
that may be applicable, depending on the nature of the data
(References 1 and 2).
If the concentration data are not adequately represented by a
normal distribution, the data may be transformed to attain a near
normal distribution. The Agency has found that concentration data,
especially when near detection levels, often exhibit a lognormal
distribution. The assumption of a lognormal distribution has been
used in various programs at EPA, such as in the Office of Resource
Conservation and Recovery Land Disposal Restrictions program for
determination of BDAT treatment standards. The transformed data may
be tested for normality using the procedures identified above. If
the transformed data are better represented by a normal distribution
than the untransformed data, the transformed data should be used in
determining the upper tolerance limit using the procedures in
Section 7.2 above.
In all cases where the owner or operator wishes to use other
than an assumption of normally distributed data or believes that use
of an alternate statistical approach is appropriate to the specific
data set, he/she must provide supporting rationale in the operating
record that demonstrates that the data treatment is based upon sound
statistical practice.
* * * * *
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
0
15. The authority citation for part 271 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), and 6926.
0
16. Section 271.1 is amended by revising the entry for ``Office of
Solid Waste Burden Reduction Project'' in Table 1 to read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Promulgation date Title of regulation Federal Register reference Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
May 4, 2006....................... Office of Resource 71 FR 16862-16915......... May 4, 2006.
Conservation and Recovery
Burden Reduction Project.
* * * * * * *
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0
17. Section 271.21 is amended by revising the entry for ``Office of
Solid Waste Testing and Monitoring Activities, Methods Innovation
Rule'' in Table 1 to read as follows:
Sec. 271.21 Procedures for revision of State programs.
* * * * *
Table 1 to Sec. 271.21
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Federal Register
Title of regulation Promulgation date reference
------------------------------------------------------------------------
* * * * * * *
Office of Resource July 14, 2005.... 70 FR 34538, June 14,
Conservation and Recovery 2005.
Testing and Monitoring
Activities, Methods
Innovation Rule.
* * * * * * *
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[[Page 30232]]
PART 750--PROCEDURES FOR RULEMAKING UNDER SECTION 6 OF THE TOXIC
SUBSTANCES CONTROL ACT
0
18. The authority citation for part 750 continues to read as follows:
Authority: 15 U.S.C. 2605.
0
19. Section 750.11 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 750.11 Filing of petitions for exemption.
* * * * *
(b) * * *
(2) PCB disposal, which includes cleanup, storage for disposal,
processing related to disposal, distribution in commerce related to
disposal or processing for disposal, and decontamination, must be
submitted to: Document Control Officer, Office of Resource Conservation
and Recovery (5305P), Environmental Protection Agency, 1200
Pennsylvania, NW., Washington, DC 20460-0001.
* * * * *
0
20. Section 750.31 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 750.31 Filing of petitions for exemption.
* * * * *
(b) * * *
(2) PCB disposal, which includes cleanup, storage for disposal,
processing related to disposal, distribution in commerce related to
disposal or processing for disposal, and decontamination, must be
submitted to: Document Control Officer, Office of Resource Conservation
and Recovery (5305P), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460-0001.
* * * * *
PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING,
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS
0
21. The authority citation for part 761 continues to read as follows:
Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.
0
22. Section 761.60 is amended by revising paragraph (e) to read as
follows:
Sec. 761.60 Disposal requirements.
* * * * *
(e) Any person who is required to incinerate any PCBs and PCB items
under this subpart and who can demonstrate that an alternative method
of destroying PCBs and PCB items exists and that this alternative
method can achieve a level of performance equivalent to an incinerator
approved under Sec. 761.70 or a high efficiency boiler operating in
compliance with Sec. 761.71, must submit a written request to the
Regional Administrator or the Director, Office of Resource Conservation
and Recovery, for a waiver from the incineration requirements of Sec.
761.70 or Sec. 761.71. Requests for approval of alternate methods that
will be operated in more than one Region must be submitted to the
Director, Office of Resource Conservation and Recovery, except for
research and development activities involving less than 500 pounds of
PCB material (see paragraph (i)(2) of this section). Requests for
approval of alternate methods that will be operated in only one Region
must be submitted to the appropriate EPA Regional Administrator. The
applicant must show that his or her method of destroying PCBs will not
present an unreasonable risk of injury to health or the environment. On
the basis of such information and any available information, EPA may,
in its discretion, approve the use of the alternate method if it finds
that the alternate disposal method provides PCB destruction equivalent
to disposal in a Sec. 761.60 incinerator or a Sec. 761.61 high
efficiency boiler and will not present an unreasonable risk of injury
to health or the environment. Any approval must be stated in writing
and may include such conditions and provisions as EPA deems
appropriate. The person to whom such waiver is issued must comply with
all limitations contained in such determination. No person may use the
alternate method of destroying PCBs or PCB items prior to obtaining
permission from the appropriate EPA official.
* * * * *
0
23. Section 761.61 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 761.61 PCB remediation waste.
* * * * *
(c) * * * (1) Any person wishing to sample, cleanup, or dispose of
PCB remediation waste in a manner other than prescribed in paragraphs
(a) or (b) of this section, or store PCB remediation waste in a manner
other than prescribed in Sec. 761.65, must apply in writing to the
Regional Administrator in the Region where the sampling, cleanup,
disposal, or storage site is located, for sampling, cleanup, disposal,
or storage occurring in a single EPA Region; or to the Director, Office
of Resource Conservation and Recovery, for sampling, cleanup, disposal,
or storage occurring in more than one EPA Region. Each application must
include information described in the notification required by paragraph
(a)(3) of this section. EPA may request other information that it
believes necessary to evaluate the application. No person may conduct
cleanup activities under this paragraph prior to obtaining written
approval by EPA.
* * * * *
0
24. Section 761.62 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 761.62 Disposal of PCB bulk product waste.
* * * * *
(c) * * * (1) Any person wishing to sample or dispose of PCB bulk
product waste in a manner other than prescribed in paragraphs (a) or
(b) of this section, or store PCB bulk product waste in a manner other
than prescribed in Sec. 761.65, must apply in writing to the Regional
Administrator in the Region where the sampling, disposal, or storage
site is located, for sampling, disposal, or storage occurring in a
single EPA Region; or to the Director, Office of Resource Conservation
and Recovery, for sampling, disposal, or storage occurring in more than
one EPA Region. Each application must contain information indicating
that, based on technical, environmental, or waste-specific
characteristics or considerations, the proposed sampling, disposal, or
storage methods or locations will not pose an unreasonable risk or
injury to health or the environment. EPA may request other information
that it believes necessary to evaluate the application. No person may
conduct sampling, disposal, or storage activities under this paragraph
prior to obtaining written approval by EPA.
* * * * *
0
25. Section 761.65 is amended as follows:
0
a. By revising paragraph (d)(8).
0
b. By revising paragraph (e)(4) introductory text.
0
c. By revising paragraph (e)(6)(i).
0
d. By revising paragraph (e)(8),
0
e. By revising paragraph (g)(1)(ii).
Sec. 761.65 Storage for disposal.
* * * * *
(d) * * *
(8) The approval of any existing TSCA-approved disposal facility
ancillary to a commercial storage facility that is deficient in any of
the conditions of paragraph (d)(7)(i) through (d)(7)(v) of this section
shall be called in by the Regional Administrator (or the appropriated
official at EPA Headquarters, if approval was granted
[[Page 30233]]
by an official at EPA Headquarters). The approval shall be modified to
meet the requirements of paragraph (d)(7) of this section within 180
days of the effective date of this final rule, or a separate
application for approval of the storage facility may be submitted to
the Regional Administrator or the Director, Office of Resource
Conservation and Recovery, in the cases where an official at EPA
Headquarters issued the approval.
* * * * *
(e) * * *
(4) The commercial storer of PCB waste shall submit a written
request to the Regional Administrator (or the Director, Office of
Resource Conservation and Recovery, if an official at EPA Headquarters
approved the closure plan) for a modification to its storage approval
to amend its closure plan, whenever:
* * * * *
(6) * * *
(i) The commercial storer shall notify in writing the Regional
Administrator or the Director, Office of Resource Conservation and
Recovery, if an official at EPA Headquarters approved the closure plan,
at least 60 days prior to the date on which final closure of its PCB
storage facility is expected to begin.
* * * * *
(8) Within 60 days of completion of closure of each facility for
the storage of PCB waste, the commercial storer of PCB waste shall
submit to the Regional Administrator (or the Director, Office of
Resource Conservation and Recovery, if an official at EPA Headquarters
approved the closure plan), by registered mail, a certification that
the PCB storage facility has been closed in accordance with the
approved closure plan. The certification shall be signed by the owner
or operator and by an independent registered professional engineer.
* * * * *
(g) * * *
(1) * * *
(ii) For a new facility, the first payment into the closure trust
fund shall be made before EPA grants final approval of the application
and before the facility may accept the initial shipment of PCB waste
for commercial storage. A receipt from the trustee shall be submitted
by the owner or operator to the Regional Administrator (or the
Director, Office of Resource Conservation and Recovery, if the
commercial storage area is ancillary to a disposal facility approved by
an official at EPA Headquarters) before this initial delivery of PCB
waste. The first payment shall be at least equal to the current closure
cost estimate, divided by the number of years in the pay-in period,
except as provided in paragraph (g)(7) of this section for multiple
mechanisms. Subsequent payments shall be made no later than 30 days
after each anniversary date of the first payment. The amount of each
subsequent payment shall be determined by subtracting the current value
of the trust fund from the current closure cost estimate, and dividing
this difference by the number of years remaining in the pay-in period.
* * * * *
0
26. Section 761.70 is amended as follows:
0
a. By revising paragraph (a) introductory text.
0
b. By revising paragraph (b) introductory text.
0
c. By revising paragraph (d)(1) introductory text.
0
d. By revising paragraph (d)(2)(ii) introductory text.
0
e. By revising paragraph (d)(5).
Sec. 761.70 Incineration.
* * * * *
(a) Liquid PCBs. An incinerator used for incinerating PCBs shall be
approved by EPA pursuant to paragraph (d) of this section. Requests for
approval of incinerators to be used in more than one region must be
submitted to the Director, Office of Resource Conservation and
Recovery, except for research and development involving less than 500
pounds of PCB material (see Sec. 761.60(i)(2)). Requests for approval
of incinerators to be used in only one region must be submitted to the
appropriate Regional Administrator. The incinerator shall meet all of
the requirements specified in paragraphs (a)(1) through (9) of this
section, unless a waiver from these requirements is obtained pursuant
to paragraph (d)(5) of this section, In addition, the incinerator shall
meet any other requirements which may be prescribed pursuant to
paragraph (d)(4) of this section.
* * * * *
(b) Nonliquid PCBs. An incinerator used for incinerating nonliquid
PCBs, PCB Articles, PCB Equipment, or PCB Containers shall be approved
by EPA pursuant to paragraph (d) of this section. Requests for approval
of incinerators to be used in more than one region must be submitted to
the Director, Office of Resource Conservation and Recovery except for
research and development involving less that 500 pounds of PCB material
(see Sec. 761.60(i)(2)). Requests for approval of incinerators to be
used in only one region must be submitted to the appropriate Regional
Administrator. The incinerator shall meet all of the requirements
specified in paragraphs (b)(1) and (2) of this section unless a waiver
from these requirements is obtained pursuant to paragraph (d)(5) of
this section. In addition, the incinerator shall meet any other
requirements that may be prescribed pursuant to paragraph (d)(4) of
this section.
* * * * *
(d) * * *
(1) Application. The owner or operator shall submit to the Regional
Administrator or the Director, Office of Resource Conservation and
Recovery an application which contains:
* * * * *
(2) * * *
(ii) If EPA determines that a trail burn must be held, the person
who submitted the report described in paragraph (d)(1) of this section
shall submit to the Regional Administrator or the Director, Office of
Resource Conservation and Recovery a detailed plan for conducting and
monitoring the trail burn. At a minimum, the plan must include:
* * * * *
(5) Waivers. An owner or operator of the incinerator may submit
evidence to the Regional Administrator or the Director, Office of
Resource Conservation and Recovery that operation of the incinerator
will not present an unreasonable risk of injury to health or the
environment from PCBs, when one or more of the requirements of
paragraphs (a) and/or (b) of this section are not met. On the basis of
such evidence and any other available information, EPA may, in its
discretion, find that any requirement of paragraphs (a) and (b) of this
section is not necessary to protect against such a risk, and may waive
the requirements in any approval for that incinerator. Any finding and
waiver under this paragraph must be stated in writing and included as
part of the approval.
* * * * *
0
27. Section 761.79 is amended by revising paragraphs (h)(1), (h)(2),
and (h)(3) to read as follows:
Sec. 761.79 Decontamination standards and procedures.
* * * * *
(h) * * *
(1) Any person wishing to decontaminate material described in
paragraph (a) of this section in a manner other than prescribed in
paragraph (b) of this section must apply in writing to the Regional
Administrator in the Region where the activity would take place, for
decontamination activity occurring in a single EPA Region; or to the
Director,
[[Page 30234]]
Office of Resource Conservation and Recovery, for decontamination
activity occurring in more than one EPA Region. Each application must
describe the material to be decontaminated and the proposed
decontamination method, and must demonstrate that the proposed method
is capable of decontaminating the material to the applicable level set
out in paragraphs (b)(1) through (b)(4) of this section.
(2) Any person wishing to decontaminate material described in
paragraph (a) of this section using a self-implementing procedure other
than prescribed in paragraph (c) of this section must apply in writing
to the Regional Administrator in the Region where the activity would
take place, for decontamination activity occurring in a single EPA
Region; or to the Director, Office of Resource Conservation and
Recovery, for decontamination activity occurring in more than one EPA
Region. Each application must describe the material to be
decontaminated and the proposed self-implementing decontamination
method and must include a proposed validation study to confirm
performance of the method.
(3) Any person wishing to sample decontaminated material in a
manner other than prescribed in paragraph (f) of this section must
apply in writing to the Regional Administrator in the Region where the
activity would take place, for decontamination activity occurring in a
single EPA Region; or to the Director, Office of Resource Conservation
and Recovery, for decontamination activity occurring in more than one
EPA Region. Each application must contain a description of the material
to be decontaminated, the nature and PCB concentration of the
contaminating material (if known), the decontamination method, the
proposed sampling procedure, and a justification for how the proposed
sampling is equivalent to or more comprehensive than the sampling
procedure required under paragraph (f) of this section.
* * * * *
0
28. Section 761.120 is amended as follows:
0
a. By revising paragraph (a)(3).
0
b. By revising paragraph (b) introductory text.
0
c. By revising paragraph (b)(2).
0
d. By revising paragraph (c).
Sec. 761.120 Scope.
(a) * * *
(3) For all other spills, EPA generally expects the decontamination
standards of this policy to apply. Occasionally, some small percentage
of spills covered by this policy may warrant more stringent cleanup
requirements because of additional routes of exposure or significantly
greater exposures than those assumed in developing the final cleanup
standards of this policy. While the EPA regional offices have the
authority to require additional cleanup in these circumstances, the
Regional Administrator must first make a finding based on the specific
facts of a spill that additional cleanup must occur to prevent
unreasonable risk. In addition, before a final decision is made to
require additional cleanup, the Regional Administrator must notify the
Director, Office of Resource Conservation and Recovery of his/her
finding and the basis for the finding.
* * * * *
(b) Spills that may require more stringent cleanup levels. For
spills within the scope of this policy, EPA generally retains, under
Sec. 761.135, the authority to require additional cleanup upon finding
that, despite good faith efforts by the responsible party, the
numerical decontamination levels in the policy have not been met. In
addition, EPA foresees the possibility of exceptional spill situations
in which site-specific risk factors may warrant additional cleanup to
more stringent numerical decontamination levels than are required by
the policy. In these situations, the Regional Administrator has the
authority to require cleanup to levels lower than those included in
this policy upon finding that further cleanup must occur to prevent
unreasonable risk. The Regional Administrator will consult with the
Director, Office of Resource Conservation and Recovery, prior to making
such a finding.
* * * * *
(2) In those situations, the Regional Administrator may require
cleanup in addition to that required under Sec. 761.125(b) and (c).
However, the Regional Administrator must first make a finding, based on
the specific facts of a spill, that additional cleanup is necessary to
prevent unreasonable risk. In addition, before making a final decision
on additional cleanup, the Regional Administrator must notify the
Director, Office of Resource Conservation and Recovery of his finding
and the basis for the finding.
(c) Flexibility to allow less stringent or alternative
requirements. EPA retains the flexibility to allow less stringent or
alternative decontamination measures based upon site-specific
considerations. EPA will exercise this flexibility if the responsible
party demonstrates that cleanup to the numerical decontamination levels
is clearly unwarranted because of risk-mitigating factors, that
compliance with the procedural requirements or numerical standards in
the policy is impracticable at a particular site, or that site-specific
characteristics make the costs of cleanup prohibitive. The Regional
Administrator will notify the Director, Office of Resource Conservation
and Recovery of any decision and the basis for the decision to allow
less stringent cleanup. The purpose of this notification is to enable
the Director, Office of Resource Conservation and Recovery to ensure
consistency of spill cleanup standards under special circumstances
across the regions.
* * * * *
0
29. Section 761.130 is amended by revising paragraph (e) to read as
follows:
Sec. 761.130 Sampling requirements.
* * * * *
(e) EPA recommends the use of a sampling scheme developed by the
Midwest Research Institute (MRI) for use in enforcement inspections:
``Verification of PCB Spill Cleanup by Sampling and Analysis.''
Guidance for the use of this sampling scheme is available in the MRI
report ``Field Manual for Grid Sampling of PCB Spill Sites to Verify
Cleanup.'' Both the MRI sampling scheme and the guidance document are
available on EPA's PCB Web site at http://www.epa.gov/pcb, or from the
Program Management, Communications, and Analysis Office, Office of
Resource Conservation and Recovery (5305P), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. The major advantage of this sampling
scheme is that it is designed to characterize the degree of
contamination within the entire sampling area with a high degree of
confidence while using fewer samples than any other grid or random
sampling scheme. This sampling scheme also allows some sites to be
characterized on the basis of composite samples.
* * * * *
0
30. Section 761.205 is amended by revising paragraphs (a)(3) and (d) to
read as follows:
Sec. 761.205 Notification of PCB waste activity (EPA Form 7710-53).
(a) * * *
(3) Any person required to notify EPA under this section shall file
with EPA Form 7710-53. Copies of EPA Form 7710-53 are available on
EPA's Web site at http://www.epa.gov/pcb, or from the Program
Management, Communications, and Analysis Office, Office of Resource
Conservation and Recovery (5305P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington,
[[Page 30235]]
DC 20460-0001. Descriptive information and instructions for filling in
the form are included in paragraphs (a)(4)(i) through (vii) of this
section.
* * * * *
(d) Persons required to notify under this section shall file EPA
Form 7710-53 with EPA by mailing the form to the following address:
Document Control Officer, Office of Resource Conservation and Recovery
(5305P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
* * * * *
0
31. Section 761.243 is amended by revising paragraph (a) to read as
follows:
Sec. 761.243 Standard wipe sample method and size.
(a) Collect a surface sample from a natural gas pipe segment or
pipeline section using a standard wipe test as defined in Sec.
761.123. Detailed guidance for the entire wipe sampling process appears
in the document entitled, ``Wipe Sampling and Double Wash/Rinse Cleanup
as Recommended by the Environmental Protection Agency PCB Spill Cleanup
Policy,'' dated June 23, 1987 and revised on April 18, 1991. This
document is available on EPA's Web site at http://www.epa.gov/pcb, or
from the Program Management, Communications, and Analysis Office,
Office of Resource Conservation and Recovery (5305P), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
* * * * *
0
32. Section 761.386 is amended by revising paragraph (e) to read as
follows:
Sec. 761.386 Required experimental conditions for the validation
study and subsequent use during decontamination.
* * * * *
(e) Confirmatory sampling for the validation study. Select surface
sample locations using representative sampling or a census. Sample a
minimum area of 100 cm\2\ on each individual surface in the validation
study. Measure surface concentrations using the standard wipe test, as
defined in Sec. 761.123, from which a standard wipe sample is
generated for chemical analysis. Guidance for wipe sampling appears in
the document entitled ``Wipe Sampling and Double Wash/Rinse Cleanup as
Recommended by the Environmental Protection Agency PCB Spill Cleanup
Policy,'' available on EPA's Web site at http://www.epa.gov/pcb, or
from the Program Management, Communications, and Analysis Office,
Office of Resource Conservation and Recovery (5305P), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
* * * * *
0
33. Section 761.398 is amended by revising paragraph (a) to read as
follows:
Sec. 761.398 Reporting and recordkeeping.
(a) Submit validation study results to the Director, Office of
Resource Conservation and Recovery (5301P), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, prior
to the first use of a new solvent for alternate decontamination under
Sec. 761.79(d)(4). The use of a new solvent is not TSCA Confidential
Business Information (CBI). From time to time, EPA will confirm the use
of validated new decontamination solvents and publish the new solvents
and validated decontamination procedures in the Federal Register.
* * * * *
[FR Doc. E9-14859 Filed 6-24-09; 8:45 am]
BILLING CODE 6560-50-P