[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 29941-29944]
[FR Doc No: E9-14755]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0202]
RIN 1625-AA09

Drawbridge Operation Regulations; Raritan River, Arthur Kill and
Their Tributaries, Staten Island, NY and Elizabeth, NJ

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is changing the drawbridge operating
regulations governing the operation of the Arthur Kill (AK) Railroad
Bridge at mile 11.6, across Arthur Kill and the New Jersey Transit
(NJTRO) Railroad Bridge at mile 0.5, across the Raritan River. This
interim rule is intended to better meet the present needs of navigation
and enhanced needs of rail traffic resulting from the resumption of
rail traffic across the Arthur Kill (AK) Bridge.

DATES: This interim rule is effective on June 24, 2009, and is
applicable beginning June 13, 2009. Comments and related material must
reach the Coast Guard on or before July 24, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0202 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building ground floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Gary Kassof, Project Officer, First Coast
Guard District,<PHONE_NUMBER><EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0202), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. You may submit your comments and material online, by fax, mail
or hand delivery, but please use only one of these means. If you submit
a comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://ww.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0202'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule in
view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0202 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140, on the ground floor of the
Department of Transportation, West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the

Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the substantive changes to the
Drawbridge Operation Regulations implemented under this interim rule
were previously tested successfully in a series of temporary
deviations, with request for comment, issued by the Coast Guard. The
most recent temporary deviation in effect from December 15, 2008
through June 12, 2009, will expire before a permanent rule change can
be made utilizing the normal regulatory two step process of publishing
a notice of proposed rulemaking with request for comment and a final
rule. We are publishing this interim rule in order to make the
successfully tested changes to the regulations effective the day after
the existing temporary deviation expires on June 12, 2009.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists,
for the same reasons discussed above, for making this rule effective
less than 30 days after publication in the Federal Register.

Background and Purpose

    The Arthur Kill (AK) Railroad Bridge at mile 11.6, across Arthur
Kill, has a vertical clearance of 31 feet at mean high water, and 35
feet at mean low water in the closed position. The New Jersey Transit
(NJTRO) Railroad Bridge at mile 0.5, across the Raritan River, has a
vertical clearance of 8 feet at mean high water and 13 feet at mean low
water in the closed position.
    The existing drawbridge operating regulations listed at 33 CFR
117.747, require the draws of all bridges across the Raritan River,
Arthur Kill and their tributaries to open on signal at all times;
except that, from 7:30 a.m. to 10 a.m. and from 5 p.m. to 7:30 p.m.,
the draws may be opened for the passage of vessels for periods no
longer than ten minutes or remain closed for the passage of land
traffic for no longer than ten minutes.
    The New Jersey Transit Railroad Bridge at mile 0.5, across the
Raritan River and the Arthur Kill (AK) Railroad Bridge at mile 11.6,
across Arthur Kill are the only drawbridges operating under this
regulation at present.
    Rail traffic was suspended for many years on the rail line that
crosses the Arthur Kill (AK) Bridge. During the time rail traffic was
suspended across Arthur Kill the Arthur Kill (AK) Railroad Bridge was
locked in the full open position.
    Several years ago the Arthur Kill (AK) Railroad Bridge was
mechanically and structurally rehabilitated as part of New York City
Economic Development Corporation's Full Freight Access Initiative, and
restored to good operating condition in 2007 enabling restoration of
rail freight service across the Arthur Kill (AK) Railroad Bridge to the
Staten Island Landfill facility and the New York Container Terminal,
formerly known as the Howland Hook Terminal. Rail traffic began
crossing the re-opened bridge in June of 2007.
    After a short period of time, it became apparent, that the existing
drawbridge operation regulations, as written, would no longer
effectively meet the present complex needs of navigation and the
revitalized volume of rail traffic that would be crossing the Arthur
Kill (AK) Railroad Bridge.
    The bridge owner, New York City Economic Development Corporation
(NYCEDC), requested a change to the drawbridge operation regulations to
help facilitate the resumption of rail traffic crossing the Arthur Kill
(AK) Railroad Bridge.
    As a result of the above described transition in the needs of
commerce, the Coast Guard conducted an evaluation, comprised of three
temporary test deviations with public comment periods, to help
determine the best drawbridge operation regulations to meet the present
and future needs of marine and rail transportation.
    Each test deviation modified the previous test as a result of their
observed effectiveness and comments received from the public.
    After evaluating the results of our third temporary deviation the
Coast Guard concluded that the operating procedure tested in the third
deviation was the most reasonable and effective drawbridge operation
regulation which best addressed the present and future needs of
navigation and rail traffic.

Discussion of Proposed Rule

    The Coast Guard is changing the drawbridge operation regulations
listed at 33 CFR 117.747, and also to adding a new section 33 CFR
117.702, separating the listing for the Raritan River and Arthur Kill
into two separate sections in the Code of Federal Regulations (CFR),
since the only two moveable bridges listed under 33 CFR 117.747, the
Arthur Kill (AK) Railroad Bridge at mile 11.6, across Arthur Kill and
the New Jersey Transit (NJTRO) Railroad Bridge at mile 0.5, across the
Raritan River are not located near each other geographically and are on
different waterways.
    The New Jersey Transit (NJTRO) Railroad Bridge is the only
drawbridge presently crossing the Raritan River.
    Under 33 CFR 117.747 Raritan River, we will retain the morning and
afternoon rush hour closures in the revised regulation but will
eliminate all the redundant and obsolete language, such as the
reference that public vessels be passed as soon as possible, which is
now listed under 33 CFR 117.31, in this part. The language stating that
the owners of each bridge shall maintain tugs at each drawbridge will
also be removed since it is obsolete language and no longer necessary
by present standards or for any known reason.
    Under the new section, 33 CFR 117.702 Arthur Kill, we are listing
the drawbridge operation regulations for the Arthur Kill (AK) Railroad
Bridge, which was the subject of the three temporary test deviations
previously discussed.
    This interim rule for the Arthur Kill (AK) Railroad Bridge will
require the Arthur Kill (AK) Railroad Bridge to remain in the open
position at all times except during periods when it is closed for the
passage of rail traffic. Conrail, the bridge operator, will maintain a
dedicated telephone hot line at<PHONE_NUMBER> for coordination of
anticipated bridge closures.
    Tide restrained deep draft vessels should call the hot line daily
to advise of expected times of vessel transit through the bridge. The
bridge may not close for the passage of trains during any high tide
period once a deep draft tide restrained vessel notifies the bridge of
its intent to transit through the bridge. High tide is considered by
this rule to be from 2 hours before predicted high tide to a half hour
after predicted high tide at The Battery, New York.
    The bridge operator will issue a manual broadcast notice to
mariners for a minimum range of 15 miles on VHF-FM channel 13 and 16,
of its intent to close the bridge for a period of up to thirty minutes.
The broadcast will occur at 90 minutes prior and again at 75 minutes
prior to provide notice of a bridge closure.
    Beginning at 60 minutes prior to a bridge closure automated or
manual broadcasts will be repeated at 15-minute intervals and at 10 and
5 minutes prior to the bridge closure.
    Two consecutive bridge closures are authorized each day to allow
multiple train movements across the bridge. The closures will be
fifteen minutes in duration and separated by a thirty-minute bridge
open period.

    Vessels will be required to plan their transits around the
announced closure periods; however, a request for up to a 30-minute
delay in the bridge closures to allow navigation to meet tide or
current requirements would be granted if requested within 30 minutes
after the initial broadcast notice to close the bridge is given.
Requests received after the initial 30 minutes will not be granted.
    In the event of bridge operational failure, the bridge operator
must notify the Coast Guard Captain of the Port New York immediately
and must dispatch a repair crew to the bridge to be on scene at the
bridge no later than 45 minutes after the bridge fails to operate. A
repair crew must remain at the bridge until the bridge has been
restored to normal operations or the bridge must be raised and locked
in the fully open position.

Regulatory Analysis

    We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This interim rule is not a significant regulatory action. This
conclusion is based upon the fact that vessel and rail traffic will
both be able to transit over and through the Arthur Kill (AK) Railroad
Bridge under a balanced and reasonable schedule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities.
    This conclusion is based on the fact that marine and rail traffic
will both be able to transit over and through the Arthur Kill (AK)
Railroad Bridge under a balanced and reasonable schedule.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this interim rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY 10004.
The telephone number is<PHONE_NUMBER>. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are

technical standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) that are developed or adopted by
voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. This rule is categorically excluded, under figure 2-
1, paragraph (32)(e), of the Instruction. Under paragraph (32)(e), of
the Instruction, neither an environmental analysis checklist nor a
categorical exclusion determination is required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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For the reasons discussed in the preamble, the Coast Guard is amending
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.

0
2. Add a new section 33 CFR 117.702 to read as follows:

Sec.  117.702  Arthur Kill

    (a) The draw of the Arthur Kill (AK) Railroad Bridge shall be
maintained in the full open position for navigation at all times,
except during periods when it is closed for the passage of rail
traffic.
    (b) The bridge owner/operator shall maintain a dedicated telephone
hot line for vessel operators to call the bridge in advance to
coordinate anticipated bridge closures. The telephone hot line number
shall be posted on signs at the bridge clearly visible from both the up
and downstream sides of the bridge.
    (c) Tide restrained deep draft vessels shall notify the bridge
operator, daily, of their expected times of vessel transits through the
bridge, by calling the designated telephone hot line.
    (d) The bridge shall not be closed for the passage of rail traffic
during any predicted high tide period if a tide restrained deep draft
vessel has provided the bridge operator with an advance notice of their
intent to transit through the bridge. For the purposes of this
regulation, the predicted high tide period shall be considered to be
from two-hours before each predicted high tide to a half-hour after
each predicted high tide taken at the Battery, New York.
    (e) The bridge operator shall issue a manual broadcast notice to
mariners of the intent to close the bridge for a period of up to thirty
minutes for the passage of rail traffic, on VHF-FM channels 13 and 16
(minimum range of 15 miles) at 90-minutes before and again at 75-
minutes before each bridge closure.
    (f) Beginning at 60 minutes prior to each bridge closure, automated
or manual broadcast notice to mariners must be repeated at 15 minute
intervals and again at 10 and 5 minutes prior to each bridge closure
and once again as the bridge begins to close and appropriate sound
signal given.
    (g) Two fifteen minute bridge closures may be provided each day for
the passage of multiple rail traffic movements across the bridge. Each
fifteen minute bridge closure shall be separated by at least a thirty
minute period when the bridge is returned to and remains in the full
open position. Notification of the two fifteen minute closures shall
follow the same procedures outlined in paragraphs e and f above.
    (h) A vessel operator may request up to a 30 minute delay for any
bridge closure in order to allow vessel traffic to meet tide or current
requirements; however, the request to delay the bridge closure must be
made within 30 minutes following the initial broadcast for the bridge
closure. Requests received after the initial 30 minute broadcast will
not be granted.
    (i) In the event of a bridge operational failure, the bridge
operator shall immediately notify the Coast Guard Captain of the Port
New York. The bridge owner/operator must provide and dispatch a bridge
repair crew to be on scene at the bridge no later than 45 minutes after
the bridge fails to operate. A repair crew must remain at the bridge at
all times until the bridge has been fully restored to normal operations
or the bridge must be raised and locked in the fully open position.

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3. Section 33 CFR 117.747 is revised to read as follows:

Sec.  117.747  Raritan River

    (a) The draw of New Jersey Transit Rail Operations Railroad Bridge
at mile 0.5 shall open on signal; except that, from 6 a.m. to 9:30 a.m.
and 4:30 p.m. to 7:30 p.m., Monday through Friday, except holidays, the
bridge need not open.
    (b) The bridge owner shall provide and keep in good legible
condition two clearance gauges with figures not less than 12 inches
high designed, installed and maintained according to the provisions of
Sec.  118.160 of this chapter.
    (c) Trains and locomotives shall be controlled so that any delay in
opening the draw span shall not exceed ten minutes. However, if a train
moving toward the bridge has crossed the home signal for the bridge
before the signal requesting opening of the bridge is given, the train
may continue across the bridge and must clear the bridge interlocks
before the bridge may be opened.

    Dated: May 28, 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E9-14755 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-15-P


[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42735-42738]
[FR Doc No: 2015-17672]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R01-RCRA-2012-0447; FRL-9930-54-Region-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 Environmental Protection Agency (EPA) is amending the
exclusion for International Business Machines Corporation (IBM) in
Essex Junction, Vermont to reflect changes in ownership and name.

DATES: This amendment is effective on July 20, 2015.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management
and UST Section, Office of

Site Remediation and Restoration, (Mail Code: OSRR07-01), EPA Region 1,
5 Post Office Square, Suite 100, Boston, MA 02109-3912; telephone
number:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In this document 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 IBM Corporation, Essex Junction, Vermont facility.
The exclusion or ``delisting'' was granted to IBM on September 13, 2012
(see 77 FR 56558). The EPA has been notified that the transfer of
ownership of the Essex Junction facility to GLOBALFOUNDRIES U.S. 2 LLC
will occur on July 1, 2015. GLOBALFOUNDRIES has certified that it plans
to comply with all the terms and conditions set forth in the delisting
and will not change the characteristics of the wastes subject to the
exclusion at the Essex Junction facility. This notice documents the
change by updating appendix IX to incorporate a change in name.
    In accordance with the delisting approval, IBM has completed the
quarterly verification testing requirements set forth in paragraph
3.(A) and has submitted the first set of annual testing results in
accordance with paragraph 3.(B). As part of this notice, EPA is
clarifying the requirements for annual reporting found in paragraph
3.(B)(iii) of the delisting approval. The paragraph currently requires
that the annual test report include the annual testing data and the
annual amount of waste in cubic yards disposed of during the calendar
year. However, as a result of the timing of the delisting approval,
annual testing occurs during August and September of each year and the
reports are submitted to EPA soon thereafter. With this notice EPA is
clarifying that the reporting of the annual sludge volumes shall occur
separately from the annual testing reports. As a result, the delisting
is being modified to include paragraph 3.(B)(iv) to reflect this
change. We are also clarifying in paragraph 3.(B)(iii) that the annual
testing results shall be submitted to EPA within thirty days after both
annual samples have been taken.
    The changes to appendix IX of part 261 are effective July 20, 2015.
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 facility has certified that it is prepared to
comply with the requirements of the exclusion. 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). The EPA has determined that having
a proposed rule and public comment on this change is unnecessary, as it
involves only a change in company ownership, and a clarification, with
all of the same delisting requirements remaining in effect.

List of Subjects in 40 CFR Part 261

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

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

    Dated: June 29, 2015.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
    For the reasons set out in the preamble, 40 CFR part 261 is amended
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. Table 1 of Appendix IX to part 261 is amended by removing the ``IBM
Corporation'' entry and adding a new entry ``GLOBALFOUNDRIES U.S. 2
LLC'' 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--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
               Facility                        Address                          Waste description
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
GLOBALFOUNDRIES U.S. 2 LLC (formerly,  Essex Junction, VT.....  Wastewater Treatment Sludge (Hazardous Waste No.
 ``IBM Corporation'').                                           F006) generated at a maximum annual rate of
                                                                 3,150 cubic yards 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 wastewater
                                                                 treatment sludge. GLOBALFOUNDRIES U.S. 2 LLC
                                                                 must implement a testing program that meets the
                                                                 following conditions for the exclusion to be
                                                                 valid: 1. Delisting Levels: (A) All leachable
                                                                 concentrations 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.

                                                                2. Waste Handling and Holding: (A)
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must manage as
                                                                 hazardous all WWTP sludge 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 by EPA. (B)
                                                                 Levels of constituents measured in the samples
                                                                 of the WWTP sludge that do not exceed the
                                                                 levels set forth in paragraph (1) for two
                                                                 consecutive quarterly sampling events are non-
                                                                 hazardous. After approval is received from EPA,
                                                                 GLOBALFOUNDRIES U.S. 2 LLC can manage and
                                                                 dispose of the non-hazardous WWTP sludge
                                                                 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, GLOBALFOUNDRIES U.S. 2
                                                                 LLC 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). GLOBALFOUNDRIES U.S. 2 LLC must
                                                                 manage and dispose of the waste generated under
                                                                 Subtitle C of RCRA from the time that it
                                                                 becomes aware of any exceedance.
                                                                3. Verification Testing Requirements:
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must perform sample
                                                                 collection and analyses in accordance with the
                                                                 approved Quality Assurance Project Plan dated
                                                                 January 27, 2011. 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, 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 GLOBALFOUNDRIES
                                                                 U.S. 2 LLC 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 GLOBALFOUNDRIES
                                                                 U.S. 2 LLC 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 WWTP sludge 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 GLOBALFOUNDRIES U.S. 2 LLC
                                                                 becomes aware of any exceedance. (iii) Within
                                                                 thirty (30) days after taking each quarterly
                                                                 sample, GLOBALFOUNDRIES U.S. 2 LLC 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, GLOBALFOUNDRIES U.S. 2 LLC can
                                                                 manage and dispose the non-hazardous sludge
                                                                 according to all applicable solid waste
                                                                 regulations. (B) Annual Testing: (i) If
                                                                 GLOBALFOUNDRIES U.S. 2 LLC 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), GLOBALFOUNDRIES U.S. 2 LLC may
                                                                 begin annual testing as follows:
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must test two
                                                                 representative composite samples of the
                                                                 wastewater treatment sludge (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)
                                                                 GLOBALFOUNDRIES U.S. 2 LLC shall submit an
                                                                 annual testing report to EPA with all of its
                                                                 annual test results, within thirty (30) days
                                                                 after taking the two annual samples. (iv)
                                                                 GLOBALFOUNDRIES U.S. 2 LLC shall submit to EPA
                                                                 in January of each year the total amount of
                                                                 waste in cubic yards disposed during the
                                                                 previous calendar year.

                                                                4. Changes in Operating Conditions: If
                                                                 GLOBALFOUNDRIES U.S. 2 LLC 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 wastes generated from the new
                                                                 process as non-hazardous unless and until the
                                                                 wastes are shown to meet the delisting levels
                                                                 set in paragraph (1), GLOBALFOUNDRIES U.S. 2
                                                                 LLC demonstrates that no new hazardous
                                                                 constituents listed in appendix VIII of part
                                                                 261 have been introduced, and GLOBALFOUNDRIES
                                                                 U.S. 2 LLC 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
                                                                 GLOBALFOUNDRIES U.S. 2 LLC to file a new
                                                                 delisting petition.
                                                                5. Data Submittals and Recordkeeping:
                                                                 GLOBALFOUNDRIES U.S. 2 LLC must submit the
                                                                 information described below. If GLOBALFOUNDRIES
                                                                 U.S. 2 LLC 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). GLOBALFOUNDRIES
                                                                 U.S. 2 LLC must: (A) Submit the data obtained
                                                                 through paragraph (3) to the Chief, RCRA Waste
                                                                 Management & UST Section, U.S. EPA Region 1,
                                                                 (OSRR07-1), 5 Post Office Square, Suite 100,
                                                                 Boston, MA 02109-3912, 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 WWTP
                                                                 sludge generated, analytical data, including
                                                                 quality control information and, copies of the
                                                                 notification(s) required in paragraph (7); (C)
                                                                 Submit with all data a signed copy of the
                                                                 certification statement in 40 CFR
                                                                 260.22(i)(12).
                                                                6. Reopener Language--(A) If, anytime, after
                                                                 disposal of the delisted waste, GLOBALFOUNDRIES
                                                                 U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2 LLC
                                                                 must report such data, in writing, to the
                                                                 Regional Administrator and to the Vermont
                                                                 Agency of Natural Resources Secretary 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 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 GLOBALFOUNDRIES U.S.
                                                                 2 LLC 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
                                                                 GLOBALFOUNDRIES U.S. 2 LLC with an opportunity
                                                                 to present information as to why the proposed
                                                                 Agency action is not necessary or to suggest an
                                                                 alternative action. GLOBALFOUNDRIES U.S. 2 LLC
                                                                 shall have 30 days from the date of the
                                                                 Regional Administrator's notice to present the
                                                                 information. (D) If after 30 days
                                                                 GLOBALFOUNDRIES U.S. 2 LLC 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: GLOBALFOUNDRIES
                                                                 U.S. 2 LLC 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 to 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. 2015-17672 Filed 7-17-15; 8:45 am]
 BILLING CODE 6560-50-P


											Dec 10, 2012

Mr. David K. Paylor Virginia Department of Environmental Quality 629 East Main Street Richmond, Virginia 23219

Dear Director Paylor:

      On July 23, 2012, the U.S. Environmental Protection Agency (EPA) received a revision to the Virginia State Implementation Plan (SIP) from the Virginia Department of Environmental Quality (VADEQ).  The SIP revision addresses the applicable infrastructure elements specified in section 110(a)(2)(A) through (M) of the Clean Air Act (CAA) which are necessary to implement, maintain, and enforce the 2008 ozone national ambient air quality standards (NAAQS) in the Commonwealth of Virginia.  EPA has determined that the submittal is administratively and technically complete, and is reviewing it to prepare a Notice of Proposed Rulemaking (NPR).                  If members of your staff have any questions, they may direct them to Ms. Ruth Knapp, Office of Air Program Planning, at<PHONE_NUMBER>, or<EMAIL_ADDRESS> She is the principal contact for this rulemaking.

                                    Sincerely,

							/s/ 							                                       	Diana Esher, Director                                     Air Protection Division

cc:  Michael Dowd, Air Division Director        Virginia Department of Environmental Quality