[Federal Register: October 2, 2009 (Volume 74, Number 190)]
[Proposed Rules]
[Page 50939-50944]
[DOCID:fr02oc09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R02-OAR-2009-0680; FRL-8965-1]

Outer Continental Shelf Air Regulations Consistency Update for
New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental
Shelf (OCS) Air Regulations Requirements applying to OCS sources
located within 25 miles of states' seaward boundaries which must be
promulgated into the regulations and updated periodically to remain
consistent with the requirements of the corresponding onshore area
(COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The
portion of the OCS air regulations that is being updated pertains to
the requirements for OCS sources in the State of New Jersey. The
intended effect of approving the OCS requirements for the State of New
Jersey is to regulate emissions from OCS sources in accordance with the
requirements onshore. The requirements discussed below are proposed to
be incorporated by reference into the Code of Federal Regulations and
are listed in the appendix to the OCS air regulations.

DATES: Comments must be received on or before November 2, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2009-0680, by one of the following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov: Follow
the on-line instructions for submitting comments;
    B. E-Mail<EMAIL_ADDRESS>    C. Mail: Steven Riva, U.S. Environmental Protection Agency, Region
2, Air Programs Branch, 290 Broadway, New York, NY 10007;
    D. Hand Delivery: U.S. Environmental Protection Agency, Region 2,
Attn: Steven Riva, 290 Broadway, New York, NY 10007, 25th Floor. Such
deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2009-0680. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the
U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York,
New York 10007.

FOR FURTHER INFORMATION CONTACT: Steven Riva, Air Programs Branch, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, New York, New
York 10007; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information
    Why Is EPA Taking This Action?
II. EPA's Evaluation
    What Criteria Were Used To Evaluate Rules Submitted To Be
Incorporated Into 40 CFR part 55?
III. Administrative Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Coordination With Indian Tribal
Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act

I. Background Information

Why Is EPA Taking This Action?

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and State ambient air quality
standards (AAQS) and to comply with the provisions of part C of title I
of the CAA. Part 55 applies to all OCS sources offshore of the states
except those located in the Gulf of Mexico west of 87.5 degrees
longitude.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
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    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
states' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
rules in effect for onshore sources into part 55. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's State
implementation plan (SIP) guidance or certain requirements of the CAA.
Inclusion in the OCS rule does not imply that a rule meets the
requirements of the CAA for SIP approval, nor does it imply that the
rule will be approved by EPA for inclusion in the SIP.

II. EPA's Evaluation

What Criteria Were Used To Evaluate Rules Submitted To Be Incorporated
Into 40 CFR part 55?

    EPA reviewed the rules that New Jersey submitted for inclusion in
part 55 to ensure that they are rationally related to the attainment or
maintenance of Federal or State AAQS or part C of title I of the CAA
and that they are not designed expressly to prevent exploration and
development of the OCS and that they are applicable to OCS sources. 40
CFR 55.1. EPA has also evaluated the rules to ensure they are not
arbitrary or capricious. 40 CFR 55.12 (e). In addition, EPA has
excluded New Jersey's administrative or procedural rules,\2\ and
requirements that regulate toxics that are not related to the
attainment and maintenance of Federal and State AAQS.
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    \2\ Each COA, which has been delegated the authority to
implement and enforce part 55, will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce part 55, as in
New Jersey, EPA will use its own administrative and procedural
requirements to implement the substantive requirements. See 40 CFR
55.14(c)(4).
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III. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.)

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    This rule will not have a significant economic impact on a
substantial number of small entities. This rule implements requirements
specifically and explicitly set forth by the Congress in section 328 of
the CAA, without the exercise of any policy discretion by EPA. These
OCS rules already apply in the COA, and EPA has no evidence to suggest
that these OCS rules have had a significant economic impact on a
substantial number of small entities. As required by section 328 of the
CAA, this action simply incorporates the existing rules in the COA.
Therefore, EPA certifies that this action will not have a significant
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must
prepare a budgetary impact statement to accompany any proposed or final
rule that includes a Federal mandate that may result in estimated costs
to State, local, and tribal governments in the aggregate; or to the
private sector, of $100 million or more in any one year. Under section
205, EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that today's proposed rule contains no Federal
mandates that may result in expenditures of $100 million or more for
State, local, or tribal governments, in the aggregate, or to the
private sector in any one year. This action approves pre-existing
requirements under State or local law, and imposes no new requirements.
Accordingly, no additional costs to State, local or tribal governments,
or to the private sector, result from this action.

E. Executive Order 13132: Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure meaningful and timely input by
State and local officials in the development of regulatory policies
that have federalism implications. `Policies that have federalism
implications' is defined in the Executive Order to include regulations
that have substantial direct effects on the states, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Under Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects on the states,
on the relationship between the national government and the states, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure meaningful and
timely input by tribal officials in the development of regulatory
policies that have tribal implications. This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885 (April 23,
1997)), applies to any rule that: (1) Is determined to be
``economically significant'' as defined under Executive Order 12866,
and (2) concerns an environmental health or safety risk that EPA has
reason to believe may have a disproportionate effect on children. If
the regulatory action meets both criteria, the Agency must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
    This proposed rule is not subject to Executive Order 13045 because
it does not involve decisions intended to mitigate environmental health
or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211,
entitled ``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.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use voluntary consensus standards (VCS) if
available and applicable when developing programs and policies unless
doing so would be inconsistent with applicable laws or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this section. Today's
action does not require the public to perform activities conducive to
the use of VCS.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: September 18, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
    Title 40, chapter I of the Code of Federal Regulations, is proposed
to be amended as follows:

PART 55--[AMENDED]

    1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the CAA (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.

    2. Section 55.14 is amended by revising the sixth sentence in
paragraph (e) introductory text and paragraph (e)(15)(i)(A) to read as
follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * * Copies of rules pertaining to particular states or local
areas may be inspected or obtained from the EPA Docket Center--Public
Reading Room, EPA West Building, Room 3334 1301 Constitution Avenue,
NW., Washington, DC 20004 or the appropriate EPA regional offices: U.S.
EPA, Region 1 (Massachusetts) One Congress Street, Boston, MA 02114-
2023; U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New
York, NY 10007-1866; U.S. EPA, Region III (Delaware), 1650 Arch Street,
Philadelphia, PA 19103,<PHONE_NUMBER>; U.S. EPA, Region 4 (Florida and
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S.
EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. * * *
* * * * *
    (15) * * *
    (i) * * *
    (A) State of New Jersey Requirements Applicable to OCS Sources,
August 13, 2009.
* * * * *
    3. Appendix A to Part 55 is amended by revising paragraph (a)(1)
under the heading ``New Jersey'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *

NEW JERSEY

    (a) * * *
    (1) The following State of New Jersey requirements are
applicable to OCS Sources, as of August 13, 2009. New Jersey State
Department of Environmental Protection--New Jersey Administrative
Code. The following sections of Title 7:

CHAPTER 27 SUBCHAPTER 2--CONTROL AND PROHIBITION OF OPEN BURNING
(EFFECTIVE 6/20/94)

N.J.A.C. 7:27-2.1. Definitions
N.J.A.C. 7:27-2.2. Open burning for salvage operations
N.J.A.C. 7:27-2.3. Open burning of refuse
N.J.A.C. 7:27-2.4. General provisions
N.J.A.C. 7:27-2.6. Prescribed burning
N.J.A.C. 7:27-2.7. Emergencies
N.J.A.C. 7:27-2.8. Dangerous material
N.J.A.C. 7:27-2.12. Special permit
N.J.A.C. 7:27-2.13. Fees

CHAPTER 27 SUBCHAPTER 3--CONTROL AND PROHIBITION OF SMOKE FROM
COMBUSTION OF FUEL (EFFECTIVE 2/4/02)

N.J.A.C. 7:27-3.1. Definitions
N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat
exchangers
N.J.A.C. 7:27-3.3. Smoke emissions from marine installations
N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in
mobile sources
N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal combustion
engines and stationary turbine engines
N.J.A.C. 7:27-3.6. Stack test
N.J.A.C. 7:27-3.7. Exceptions

CHAPTER 27 SUBCHAPTER 4--CONTROL AND PROHIBITION OF PARTICLES FROM
COMBUSTION OF FUEL (EFFECTIVE 4/20/09)

N.J.A.C. 7:27-4.1. Definitions
N.J.A.C. 7:27-4.2. Standards for the emission of particles
N.J.A.C. 7:27-4.3. Performance test principle
N.J.A.C. 7:27-4.4. Emissions tests
N.J.A.C. 7:27-4.6. Exceptions

CHAPTER 27 SUBCHAPTER 5--PROHIBITION OF AIR POLLUTION (EFFECTIVE 10/12/
77)

N.J.A.C. 7:27-5.1. Definitions
N.J.A.C. 7:27-5.2. General provisions

CHAPTER 27 SUBCHAPTER 6--CONTROL AND PROHIBITION OF PARTICLES FROM
MANUFACTURING PROCESSES (EFFECTIVE 6/12/98)

N.J.A.C. 7:27-6.1. Definitions
N.J.A.C. 7:27-6.2. Standards for the emission of particles
N.J.A.C. 7:27-6.3. Performance test principles
N.J.A.C. 7:27-6.4. Emissions tests
N.J.A.C. 7:27-6.5. Variances
N.J.A.C. 7:27-6.7. Exceptions

CHAPTER 27 SUBCHAPTER 7--SULFUR (EFFECTIVE 3/1/67)

N.J.A.C. 7:27-7.1. Definitions
N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from sulfur
compounds

CHAPTER 27 SUBCHAPTER 8--PERMITS AND CERTIFICATES FOR MINOR FACILITIES
(AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) (EFFECTIVE 4/20/09)

N.J.A.C. 7:27-8.1. Definitions
N.J.A.C. 7:27-8.2. Applicability
N.J.A.C. 7:27-8.3. General provisions
N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew
N.J.A.C. 7:27-8.5. Air quality impact analysis
N.J.A.C. 7:27-8.6. Service fees
N.J.A.C. 7:27-8.7. Operating certificates
N.J.A.C. 7:27-8.8. General permits
N.J.A.C. 7:27-8.9. Environmental improvement pilot tests
N.J.A.C. 7:27-8.11. Standards for issuing a permit
N.J.A.C. 7:27-8.12. State of the art
N.J.A.C. 7:27-8.13. Conditions of approval
N.J.A.C. 7:27-8.14. Denials
N.J.A.C. 7:27-8.15. Reporting requirements
N.J.A.C. 7:27-8.16. Revocation
N.J.A.C. 7:27-8.17. Changes to existing permits and certificates
N.J.A.C. 7:27-8.18. Permit revisions
N.J.A.C. 7:27-8.19. Compliance plan changes
N.J.A.C. 7:27-8.20. Seven-day notice changes
N.J.A.C. 7:27-8.21. Amendments
N.J.A.C. 7:27-8.22. Changes to sources permitted under batch plant,
pilot plant, dual plant, or laboratory operating permitting
procedures
N.J.A.C. 7:27-8.23. Reconstruction
N.J.A.C. 7:27-8.24. Special provisions for construction but not
operation
N.J.A.C. 7:27-8.25. Special provisions for pollution control
equipment or pollution prevention process modifications
N.J.A.C. 7:27-8.26. Civil or criminal penalties for failure to
comply
N.J.A.C. 7:27-8.27. Special facility-wide permit provisions
N.J.A.C. 7:27-8.28. Delay of testing

APPENDIX I

CHAPTER 27 SUBCHAPTER 9--SULFUR IN FUELS (EFFECTIVE 4/19/00)

N.J.A.C. 7:27-9.1. Definitions
N.J.A.C. 7:27-9.2. Sulfur content standards
N.J.A.C. 7:27-9.3. Exemptions
N.J.A.C. 7:27-9.4. Waiver of air quality modeling
N.J.A.C. 7:27-9.5. Incentive for conversion to coal or other solid
fuel

CHAPTER 27 SUBCHAPTER 10--SULFUR IN SOLID FUELS (EFFECTIVE 04/20/09)

N.J.A.C. 7:27-10.1. Definitions
N.J.A.C. 7:27-10.2. Sulfur contents standards
N.J.A.C. 7:27-10.3. Expansion, reconstruction or construction of
solid fuel burning units
N.J.A.C. 7:27-10.4. Exemptions
N.J.A.C. 7:27-10.5. SO2 emission rate determinations

CHAPTER 27 SUBCHAPTER 11--INCINERATORS (EFFECTIVE 5/4/98)

N.J.A.C. 7:27-11.1. Definitions
N.J.A.C. 7:27-11.2. Construction standards
N.J.A.C. 7:27-11.3. Emission standards
N.J.A.C. 7:27-11.4. Permit to construct; certificate to operate
N.J.A.C. 7:27-11.5. Operation
N.J.A.C. 7:27-11.6. Exceptions

CHAPTER 27 SUBCHAPTER 12--PREVENTION AND CONTROL OF AIR POLLUTION
EMERGENCIES (EFFECTIVE 3/19/74)

N.J.A.C. 7:27-12.1. Definitions
N.J.A.C. 7:27-12.2. Emergency criteria
N.J.A.C. 7:27-12.3. Criteria for emergency termination
N.J.A.C. 7:27-12.4. Standby plans
N.J.A.C. 7:27-12.5. Standby orders
Table I Emission Reduction Objectives
Table II Emission Reduction Objectives
Table III Emission Reduction Objectives

CHAPTER 27 SUBCHAPTER 16--CONTROL AND PROHIBITION OF AIR POLLUTION BY
VOLATILE ORGANIC COMPOUNDS (EFFECTIVE 04/20/09)

N.J.A.C. 7:27-16.1. Definitions
N.J.A.C. 7:27-16.1A. Purpose, scope, applicability, and severability
N.J.A.C. 7:27-16.2. VOC stationary storage tanks
N.J.A.C. 7:27-16.3. Gasoline transfer operations
N.J.A.C. 7:27-16.4. VOC transfer operations, other than gasoline
N.J.A.C. 7:27-16.5. Marine tank vessel loading and ballasting
operations
N.J.A.C. 7:27-16.6. Open top tanks and solvent cleaning operations
N.J.A.C. 7:27-16.7. Surface coating and graphic arts operations
N.J.A.C. 7:27-16.8. Boilers
N.J.A.C. 7:27-16.9. Stationary combustion turbines
N.J.A.C. 7:27-16.10. Stationary reciprocating engines
N.J.A.C. 7:27-16.12. Surface coating operations at mobile equipment
repair and refinishing facilities
N.J.A.C. 7:27-16.13. Flares
N.J.A.C. 7:27-16.16. Other source operations
N.J.A.C. 7:27-16.17. Alternative and facility-specific VOC control
requirements
N.J.A.C. 7:27-16.18. Leak detection and repair
N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts
N.J.A.C. 7:27-16.21. Natural gas pipelines
N.J.A.C. 7:27-16.22. Emission information, record keeping and
testing
N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance
N.J.A.C. 7:27-16.26. Variances
N.J.A.C. 7:27-16.27. Exceptions

APPENDIX I

APPENDIX II

CHAPTER 27 SUBCHAPTER 18--CONTROL AND PROHIBITION OF AIR POLLUTION FROM
NEW OR ALTERED SOURCES AFFECTING AMBIENT AIR QUALITY (EMISSION OFFSET
RULES) (EFFECTIVE 12/1/08)

N.J.A.C. 7:27-18.1. Definitions
N.J.A.C. 7:27-18.2. Facilities subject to this subchapter
N.J.A.C. 7:27-18.3. Standards for issuance of permits
N.J.A.C. 7:27-18.4. Air quality impact analysis
N.J.A.C. 7:27-18.5. Standards for use of emission reductions as
emission offsets
N.J.A.C. 7:27-18.6. Emission offset postponement
N.J.A.C. 7:27-18.7. Determination of a net emission increase or a
significant net emission increase
N.J.A.C. 7:27-18.8. Banking of emission reductions
N.J.A.C. 7:27-18.9. Secondary emissions
N.J.A.C. 7:27-18.10. Exemptions
N.J.A.C. 7:27-18.12. Civil or criminal penalties for failure to
comply

CHAPTER 27 SUBCHAPTER 19--CONTROL AND PROHIBITION OF AIR POLLUTION FROM
OXIDES OF NITROGEN (EFFECTIVE 04/20/09)

N.J.A.C. 7:27-19.1. Definitions
N.J.A.C. 7:27-19.2. Purpose, scope and applicability
N.J.A.C. 7:27-19.3. General provisions
N.J.A.C. 7:27-19.4. Boilers serving electric generating units
N.J.A.C. 7:27-19.5. Stationary combustion turbines
N.J.A.C. 7:27-19.6. Emissions averaging
N.J.A.C. 7:27-19.7. Industrial/commercial/institutional boilers and
other indirect heat exchangers
N.J.A.C. 7:27-19.8. Stationary reciprocating engines
N.J.A.C. 7:27-19.11. Emergency generators--recordkeeping
N.J.A.C. 7:27-19.13. Alternative and facility-specific
NOX emission limits
N.J.A.C. 7:27-19.14. Procedures for obtaining approvals under this
subchapter
N.J.A.C. 7:27-19.15. Procedures and deadlines for demonstrating
compliance
N.J.A.C. 7:27-19.16. Adjusting combustion processes
N.J.A.C. 7:27-19.17. Source emissions testing
N.J.A.C. 7:27-19.18. Continuous emissions monitoring
N.J.A.C. 7:27-19.19. Recordkeeping and recording
N.J.A.C. 7:27-19.20. Fuel switching
N.J.A.C. 7:27-19.21. Phased compliance--repowering
N.J.A.C. 7:27-19.23. Phased compliance--use of innovative control
technology
N.J.A.C. 7:27-19.24. MEG alerts
N.J.A.C. 7:27-19.25. Exemption for emergency use of fuel oil
N.J.A.C. 7:27-19.26. Penalties

CHAPTER 27 SUBCHAPTER 20--USED OIL COMBUSTION (EFFECTIVE 6/19/06)

N.J.A.C. 7:27-20.1. Definitions
N.J.A.C. 7:27-20.2. General provisions
N.J.A.C. 7:27-20.3. Burning of on-specification used oil in space
heaters covered by a registration
N.J.A.C. 7:27-20.4. Burning of on-specification used oil in space
heaters covered by a permit
N.J.A.C. 7:27-20.5. Demonstration that used oil is on-specification
N.J.A.C. 7:27-20.6. Burning of on-specification oil in other
combustion units
N.J.A.C. 7:27-20.7. Burning of off-specification used oil
N.J.A.C. 7:27-20.8. Ash standard
N.J.A.C. 7:27-20.9. Exception

CHAPTER 27 SUBCHAPTER 21--EMISSION STATEMENTS (EFFECTIVE 4/20/09)

N.J.A.C. 7:27-21.1. Definitions
N.J.A.C. 7:27-21.2. Applicability
N.J.A.C. 7:27-21.3. General provisions
N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement
N.J.A.C. 7:27-21.5. Required contents of an emission statement
N.J.A.C. 7:27-21.6. Recordkeeping requirements
N.J.A.C. 7:27-21.7. Certification of information
N.J.A.C. 7:27-21.8. Request for extensions
N.J.A.C. 7:27-21.9. Notification of non-applicability
N.J.A.C. 7:27-21.10. Severability

CHAPTER 27 SUBCHAPTER 22--OPERATING PERMITS (EFFECTIVE 12/1/08)

N.J.A.C. 7:27-22.1. Definitions
N.J.A.C. 7:27-22.2. Applicability
N.J.A.C. 7:27-22.3. General provisions
N.J.A.C. 7:27-22.4. General application procedures
N.J.A.C. 7:27-22.5. Application procedures for initial operating
permits
N.J.A.C. 7:27-22.6. Operating permit application contents
N.J.A.C. 7:27-22.7. Application shield
N.J.A.C. 7:27-22.8. Air quality simulation modeling and risk
assessment
N.J.A.C. 7:27-22.9. Compliance plans
N.J.A.C. 7:27-22.10. Completeness reviews
N.J.A.C. 7:27-22.11. Public comment
N.J.A.C. 7:27-22.12. EPA comment
N.J.A.C. 7:27-22.13. Final action on an application
N.J.A.C. 7:27-22.14. General operating permits
N.J.A.C. 7:27-22.15. Temporary facility operating permits
N.J.A.C. 7:27-22.16. Operating permit contents
N.J.A.C. 7:27-22.17. Permit shield
N.J.A.C. 7:27-22.18. Source emissions testing and monitoring
N.J.A.C. 7:27-22.19. Recordkeeping, reporting and compliance
certification
N.J.A.C. 7:27-22.20. Administrative amendments
N.J.A.C. 7:27-22.21. Changes to insignificant source operations
N.J.A.C. 7:27-22.22. Seven-day-notice changes
N.J.A.C. 7:27-22.23. Minor modifications
N.J.A.C. 7:27-22.24. Significant modifications
N.J.A.C. 7:27-22.24A. Reconstruction
N.J.A.C. 7:27-22.25. Department initiated operating permit
modifications
N.J.A.C. 7:27-22.26. MACT and GACT standards
N.J.A.C. 7:27-22.27. Operating scenarios
N.J.A.C. 7:27-22.28A. Emissions trading
N.J.A.C. 7:27-22.28B. Facility-specific emissions averaging programs
N.J.A.C. 7:27-22.29. Facilities subject to acid deposition control
N.J.A.C. 7:27-22.30. Renewals
N.J.A.C. 7:27-22.31. Fees
N.J.A.C. 7:27-22.32. Hearings and appeals
N.J.A.C. 7:27-22.33. Preconstruction review
N.J.A.C. 7:27-22.34. Early reduction of HAP emissions
N.J.A.C. 7:27-22.35. Advances in the art of air pollution

APPENDIX

TABLE A

TABLE B

CHAPTER 27 SUBCHAPTER 30--CLEAN AIR INTERSTATE RULE (CAIR)
NOX TRADING PROGRAM (EFFECTIVE 8/17/07)

N.J.A.C. 7:27-30.1. Purpose and scope
N.J.A.C. 7:27-30.2. Definitions
N.J.A.C. 7:27-30.3. Allocation of CAIR NOX annual
allowances & CAIR NOX ozone season allowances
N.J.A.C. 7:27-30.4. The compliance supplement pool
N.J.A.C. 7:27-30.5. Claims for incentive allowances
N.J.A.C. 7:27-30.6. Reporting requirements

CHAPTER 27 SUBCHAPTER 31--NOX BUDGET PROGRAM (EFFECTIVE 4/5/
04)

N.J.A.C. 7:27-31.1. Purpose and scope
N.J.A.C. 7:27-31.2. Definitions
N.J.A.C. 7:27-31.3. Applicability and general provisions
N.J.A.C. 7:27-31.4. Opt-in provisions
N.J.A.C. 7:27-31.5. Interface with the emission offset program
N.J.A.C. 7:27-31.6. Interface with the open market emissions trading
program
N.J.A.C. 7:27-31.7. Annual allowance allocation
N.J.A.C. 7:27-31.8. Claims for incentive reserve allowances
N.J.A.C. 7:27-31.9. Permits
N.J.A.C. 7:27-31.10. Allowance use, transfer and retirement
N.J.A.C. 7:27-31.11. Allowance banking
N.J.A.C. 7:27-31.12. Early reductions
N.J.A.C. 7:27-31.13. NOX allowance tracking system (NATS)
N.J.A.C. 7:27-31.14. Emission monitoring
N.J.A.C. 7:27-31.15. Recordkeeping
N.J.A.C. 7:27-31.16. Reporting
N.J.A.C. 7:27-31.17. End-of-season reconciliation
N.J.A.C. 7:27-31.18. Compliance certification
N.J.A.C. 7:27-31.19. Excess emissions deduction
N.J.A.C. 7:27-31.20. Program audit
N.J.A.C. 7:27-31.21. Guidance documents and sources incorporated by
reference

CHAPTER 27B SUBCHAPTER 1--SAMPLING AND ANALYTICAL PROCEDURES FOR
DETERMINING EMISSIONS OF PARTICLES FROM MANUFACTURING PROCESSES AND
FROM COMBUSTION OF FUELS (EFFECTIVE 6/1/76)

N.J.A.C. 7:27B-1.1. Definitions
N.J.A.C. 7:27B-1.2. Acceptable test methods
N.J.A.C. 7:27B-1.3. Operating conditions during the test
N.J.A.C. 7:27B-1.4. Sampling facilities to be provided by the person
responsible for emissions
N.J.A.C. 7:27B-1.5. Sampling train
N.J.A.C. 7:27B-1.6. Performance test principle
N.J.A.C. 7:27B-1.7. General testing requirements
N.J.A.C. 7:27B-1.8. Required test data
N.J.A.C. 7:27B-1.9. Preparation for sampling
N.J.A.C. 7:27B-1.10. Sampling
N.J.A.C. 7:27B-1.11. Sample recovery
N.J.A.C. 7:27B-1.12. Analysis
N.J.A.C. 7:27B-1.13. Calculations
N.J.A.C. 7:27B-1.14. Validation of test

CHAPTER 27B SUBCHAPTER 2--PROCEDURES FOR VISUAL DETERMINATION OF THE
OPACITY (PERCENT) AND SHADE OR APPEARANCE (RINGELMANN NUMBER) OF
EMISSIONS FROM SOURCES (EFFECTIVE 6/21/76)

N.J.A.C. 7:27B-2.1. Definitions
N.J.A.C. 7:27B-2.2. Acceptable observation methods
N.J.A.C. 7:27B-2.3. General observation requirements
N.J.A.C. 7:27B-2.4. Required observation data
N.J.A.C. 7:27B-2.5. Certification

REFERENCE

APPENDIX 1

CHAPTER 27B SUBCHAPTER 3--AIR TEST METHOD 3: SAMPLING AND ANALYTICAL
PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM
SOURCE OPERATIONS (EFFECTIVE 12/1/08)

N.J.A.C. 7:27B-3.1. Definitions
N.J.A.C. 7:27B-3.2. Sampling and analytical protocol: acceptable
test methods
N.J.A.C. 7:27B-3.3. Operating conditions during the test
N.J.A.C. 7:27B-3.4. Sampling facilities
N.J.A.C. 7:27B-3.5. Source operations and applicable test methods
N.J.A.C. 7:27B-3.6. Procedures for the determinations of vapor
pressures of a single known VOC or mixtures of known and/or unknown
VOC
N.J.A.C. 7:27B-3.7. Procedures for the direct measurement of
volatile organic compounds using a flame ionization detector (FID),
a photoionization detector (PID) or a non-dispersive infrared
analyzer (NDIR)
N.J.A.C. 7:27B-3.8. Procedures for the direct measurement of
volatile organic compounds using a gas chromatograph (GC) with a
flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.9. Procedures for the sampling and remote analysis
of known volatile organic compounds using a gas chromatograph (GC)
with a flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.10. Procedures for the determination of volatile
organic compounds in surface coating formulations
N.J.A.C. 7:27B-3.11. Procedures for the determination of volatile
organic compounds emitted from transfer operations using a flame
ionization detector (FID) or non-dispersive infrared analyzer (NDIR)
N.J.A.C. 7:27B-3.12. Procedures for the determination of volatile
organic compounds in cutback and emulsified asphalts
N.J.A.C. 7:27B-3.13. Procedures for the determination of leak
tightness of gasoline delivery vessels
N.J.A.C. 7:27B-3.14. Procedures for the direct detection of fugitive
volatile organic compound leaks
N.J.A.C. 7:27B-3.15. Procedures for the direct detection of fugitive
volatile organic compound leaks from gasoline tank trucks and vapor
collection systems using a combustible gas detector
N.J.A.C. 7:27B-3.18. Test methods and sources incorporated by
reference
* * * * *

[FR Doc. E9-23797 Filed 10-1-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Rules and Regulations]
[Pages 41604-41610]
[FR Doc No: 2022-15009]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R10-RCRA-2018-0661; FRL-9414-02-R10]

Hazardous Waste Management System; Final Exclusion for
Identifying and Listing Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) (also, ``the Agency
``or ``we'' in this preamble) is granting a petition submitted by
Emerald Kalama Chemical, LLC, in Kalama, Washington to exclude (or
``delist'') up to 3,500 cubic yards of U019 (benzene) and U220
(toluene) industrial wastewater biological solids (IWBS) per year from
the list of Federal hazardous wastes under the Resource Conservation
and Recovery Act.

DATES: This final rule is effective on July 13, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-RCRA-2018-0661. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information may not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through www.regulations.gov. Due to
restrictions related to COVID-19, docket materials are not available in
hard copy form at this time. If you have further questions concerning
docket materials, we recommend you telephone Dr. David Bartus at (206)
553-2804.

FOR FURTHER INFORMATION CONTACT: Dr. David Bartus, EPA, Region 10, 1200
6th Avenue, Suite 155, M/S 15-H04, Seattle, Washington 98070; telephone
number:<PHONE_NUMBER>; email address: [email protected].
    As discussed in Section V of this document, the Washington State
Department of Ecology is making a separate but parallel decision
regarding the Petitioner's petition under state authority. Information
on Ecology's action may be found at https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Industrial-facilities-permits/Emerald-Kalama-Chemical.

SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:

I. Overview Information
II. EPA's Evaluation of Public Comments
III. Final Rule
    A. What are the terms of this exclusion?
    B. When is the delisting effective?
    C. How does this action affect the states?
IV. Statutory and Executive Order Reviews

I. Overview Information

    Emerald Kalama Chemical, LLC located in Kalama, Washington
submitted a petition to the EPA to exclude (or ``delist'') an annual
volume of up to 3,500 cubic yards of U019 (benzene) and U220 (toluene)
industrial wastewater biological solids (IWBS) hazardous waste per year
from the list of hazardous waste set forth in 40 CFR 261.33. The EPA
published a proposed exclusion and request for comment at 87 FR 3053
(January 20, 2022). After consideration of comments received on the
EPA's proposed exclusion, the EPA is finalizing with certain changes
responsive to public comment as described in the following section.

II. EPA's Evaluation of Public Comments

    The EPA received six sets of comments on the proposed exclusion,
two of which appear to be duplicate. One set of comments was received
directly by the EPA from the Petitioner rather than through
regulations.gov. The EPA has placed this comment in the docket.
    Comment 1. This commenter raised issues relating to communicable
waterborne diseases and impacts on the costs of health care.
    Response 1. While the EPA appreciates the comment, the EPA lacks
authority to consider communicable disease vectors associated with
wastes subject to the Resource Conservation and Recovery Act. The
commenter also recommended that a continuous monitoring or audit
mechanism along with a public communication plan through an email or
push notification should be in place. The EPA notes that Condition 3
includes detailed verification sampling and analysis requirements, and
a provision that the Petitioner must provide the EPA with an annual
report containing the results of verification testing. These data can
be made available to interested members of the public through the
Freedom of Information Act. Given this, the EPA does not believe that a
public communications plan as recommended is necessary. No changes to
the proposed exclusion are necessary based on this comment.
    Comment 2. This commenter raised various issues related to benzene
and toluene as listed hazardous wastes. The first point raised by this
commenter relates to Table 5 in the proposed rulemaking, noting ``Table
5 shows a fault in the test sampling. According to the outline of the
case, Table 5 provides the verification of constituents and compliance
concentrations for the waste being addressed.''
    The second point raised by this commenter states ``in many of the
materials listed the total constituent concentrations exceeded 100%,
providing inaccurate data.''
    The third point raised by the commenter raised various issues
related to sampling and analysis for benzene. These include the
analytical detection limit used as DRAS input, consistency between
benzene analytical data, testing for the characteristic of
ignitability, and changes in physical state for benzene. The commenter
noted that DRAS input for the detection limit for analysis of a TCLP
extract of the waste for benzene is 0.5 mg/l, presumably on the basis
of Table 1. This model input is used to calculate the actual risk of a
modelled waste stream when analytical data are reported as non-detect
at a specified level of detection. However, this number does not
reflect the required analytical method sensitivity required for waste
characterization data and for verification sampling and analysis--for
these purposes, the method detection limits must be less than the
compliance value, which for benzene is 0.166 mg/l for a TCLP extract of
the waste. The actual waste characterization data provided by the
Petitioner do in fact reflect a level of sensitivity (or detection
limit) below the compliance value for benzene. The EPA does acknowledge
there is some variability in the analytical data for most, if not all
constituents of concern, which is to be expected. For benzene, all of
the reported data are well below the calculated compliance level, and
thus support the EPA's conclusion is that the candidate waste can be
excluded from the applicable waste listings, subject to required
verification sampling.
    The fourth point raised by the commentor relates to the
Petitioner's sampling of the candidate waste for hazardous
characteristics (e.g., ignitability and toxicity), noting that there is
no evidence of testing for the characteristic of ignitability based on
the potential presence of benzene. This point also noted that benzene
may exist in multiple physical phases (i.e., solid, liquid and gas),
such that the concentration of benzene in the waste

may vary depending on the state of benzene.
    The fifth and final point raised by the commentor proposed applying
a ``cradle to grave'' approach to the excluded waste, on the basis that
such an approach, including consideration of transportation of the
excluded waste, would be necessary to be protective with respect to
benzene.
    Response 2. Regarding the first point raised by the commentor, the
comment appears to incorrectly interpret the data in Table 5--these
data are the output from the Delisting Risk Assessment Software (DRAS)
model and represent the maximum allowable concentration of constituents
of concern in the candidate waste for the waste to meet the specified
risk levels documented in Table 1 and thus can be excluded from the
specific listed waste codes documented in the proposed rule. These data
do not represent the actual concentration of any particular sample of
the candidate waste. As discussed in the preamble of the proposed
rulemaking, the Petitioner provided the EPA with extensive sampling and
analysis of the candidate waste, which appear in the docket. The EPA
has determined that no additional sampling of the candidate waste is
necessary before finalization of the proposed exclusion.
    Regarding the second point raised by the commentor, this statement
applies to model output presented in Table 2, but not Table 5. See
Footnote 2 to Table 2 and Section IV.B of the proposed rulemaking
preamble for a more detailed discussion of this issue. No change is
necessary to address this second point.
    Regarding the third point raised by the commentor, the cited model
input is used to calculate the actual risk of a modelled waste stream
when analytical data are reported as non-detect at a specified level of
detection. However, this number does not reflect the required
analytical method sensitivity required for waste characterization data
and for verification sampling and analysis--for these purposes, the
method detection limits must be less than the compliance value, which
for benzene is 0.166 mg/l for a TCLP extract of the waste. The actual
waste characterization data provided by the Petitioner do in fact
reflect a level of sensitivity (or detection limit) below the
compliance value for benzene. The EPA does acknowledge there is some
variability in the analytical data for most, if not all constituents of
concern, which is to be expected. For benzene, all reported data are
well below the calculated compliance level, and thus support the EPA's
conclusion that the candidate waste can be excluded from the applicable
waste listings, subject to required verification sampling. No change is
warranted in response to this point.
    Regarding the fourth point raised by the commentor, the EPA notes
that under the hazardous waste exclusion regulatory provisions of 40
CFR 260.22, a petitioner is not required to demonstrate a candidate
waste does not exhibit a hazardous characteristic- rather, this
authority is specific to granting relief for wastes that designate for
one or more listed waste numbers, but not for characteristic wastes. As
provided for under 40 CFR 260.22(a)(2), however, a waste excluded from
applicable waste listings may in fact continue to be hazardous if it
exhibits a characteristic. Independent of an approved delisting
petition, a facility is always responsible for demonstrating through
direct testing or process knowledge that the waste does not exhibit a
hazardous characteristic. The EPA notes, however, that since the waste
characterization data provided by the Petitioner document that benzene
is present only at sub-parts-per-million levels, a level far below the
corresponding toxicity characteristic regulatory level and similarly
well below the level that would cause the waste to exhibit the
characteristic of ignitability, the waste is not expected to ever
exhibit either characteristic. Similarly, the very low concentration of
benzene strongly supports a conclusion that benzene will not appear as
a separate phase, whether solid or liquid. No change is warranted in
response to this point.
    Regarding the fifth point raised by the commentor, the EPA notes
that the purpose of the DRAS model used as the basis for this proposed
exclusion is to demonstrate that when a candidate waste meets the
conditions of the exclusion, and subject to a reasonable worst-case
mismanagement scenario, the excluded waste does not pose an
unacceptable risk to human health or the environment. In the case of
the Petitioner's wastes, the reasonable worst-case mismanagement is
defined as placement in an unlined landfill (See Section III.E of the
proposed rulemaking preamble). Therefore, the EPA does not consider the
``cradle to grave'' approach to be necessary. No change is warranted in
response to this point.
    Comment 3. This commentor noted that while the proposed exclusion
addressed benzene and toluene as listed hazardous wastes, benzene may
also exhibit the toxicity characteristic. The commentor further
asserted that the Petitioner has failed to show how benzene ``is
suddenly no longer displaying such characteristics.'' The commenter
acknowledged that benzene and toluene in small amounts may not cause
extreme health reactions but noted that if multiple facilities release
these constituents even in small amount, there may be a significant
aggregate effect on the environment and wildlife, specifically
including aquatic life and the Columbia River. The commentor encouraged
the EPA to protect clean water and the endangered and threatened
species in the Columbia. Finally, the commentor asserted that even if
the proposed exclusion is finalized, facilities would still have to
apply for permit ``to dump these chemicals,'' creating more work for
permitting agencies, and questioned whether permitting agencies have
the resources to issue such permits and oversee their implementation.
    Response 3. The EPA appreciates and shares the commentors concern
for the environment, wildlife, and the Columbia River. In responding to
questions raised regarding the waste potentially exhibiting the
toxicity characteristic for benzene or toluene, please see the
discussion of this issue in response to Comment 2 above, and the
language appearing in Section II.B of the proposed rulemaking preamble.
No change is warranted in response to this point.
    Regarding the potential impact of multiple facilities discharging
these constituents to the environment, the EPA notes this exclusion
does not authorize discharge of any hazardous waste or constituents to
the environment, and that even if the waste is mismanaged will not pose
an unacceptable risk to health or the environment. Finally, the
proposed exclusion is conditioned on the requirement that candidate
wastes be disposed of in a solid waste landfill after the Petitioner
demonstrates compliance with the exclusion criteria. Therefore, the
excluded waste will not be dumped into the environment, and no
discharge permits are required or are appropriate for management of the
waste under the conditions of this exclusion. No change is warranted in
response to this point.
    Comments 4 and 5. These two comments appear to be duplicative and
are addressed concurrently.
    In the first point raised by the commentor, the commentor objected
to the proposed changes in the hazardous status of U019 (benzene) and
U220 (toluene) and noted the Petitioner claims that these chemicals do
not meet the criteria for which the EPA listed it.

In the second point raised by the commentor, the commentor asked what
assurance is available that the Petitioner will provide accurate and
evidence-based information.
    Responses 4 and 5. The EPA appreciates the concerns raised in this
comment. With respect to the first point raised by the commentor, the
commentor appears to reflect a misunderstanding of the effect of the
proposed exclusion. The exclusion does not at all change the hazardous
listing status of either benzene or toluene. Rather it reflects a
determination that this candidate waste differs from benzene or toluene
as listed as a discarded commercial chemical product, off-specification
species, container residues or spill residues thereof, and that on this
basis the candidate waste does not warrant continued management as a
listed hazardous waste. The proposed exclusion does not in any way
affect the listed status of benzene or toluene in the form of discarded
commercial chemical compounds. No change is warranted in response to
this point.
    With respect to the second issue raised by the commentor, the EPA
will, on an on-going basis, critically review records that the
Petitioner must maintain demonstrating satisfaction of the conditions
of the exclusion, including verification sampling and analysis. Where
necessary or appropriate, the EPA may exercise its enforcement
authorities under the Resource Conservation and Recovery Act to
evaluate the Petitioners compliance with the exclusion, and to take
such enforcement actions as may be necessary or appropriate. No change
is warranted in response to this point.
    Comment 6. The Petitioner provided comments that generally
supported the proposed exclusion but raised concerns with
implementation of the proposed sampling verification plan. In
particular, the Petitioner asserted that the proposed verification
sampling requirements will create logistical difficulties and
inefficiencies and proposed specific modifications to the verification
sampling requirements.
    The first issue raised by the Petitioner's comment focused on the
proposed requirement to sample IWBS at a rate of one sample per every
ten roll-off boxes. The comment noted that this sampling frequency for
non-cobalt constituents of concern will create logistical difficulties
due to laboratory availability and turnaround time and will create a
backlog of roll-off boxes that cannot be accommodated on-site while the
Petitioner awaits the sampling results. More Specifically, given
anticipated testing turnaround times, sampling results on the 10th bin
might not be available until the 13th or 14th bin has been filled. The
Petitioner asserted that logistically, it is impossible to hold that
many bins onsite while awaiting results and requested clarification on
how to handle bins awaiting analysis and subsequent bins that are
filled in the time between sampling of the 10th bin and receipt of
sampling results.
    The second issue raised by the Petitioner noted that because there
are no Washington State accredited laboratories to test for
acetaldehyde, benzaldehyde, and formic acid (as noted in the proposed
rule's preamble), the EPA is allowing the Petitioner to use
laboratories that are accredited for other analytes to conduct sampling
for acetaldehyde, benzaldehyde, and formic acid. However, the
Petitioner also stated that there are not many labs in Washington State
that can perform tests on the IWBS for acetaldehyde, benzaldehyde, and
formic acid, especially in reasonable proximity to the Petitioner's
facility.
    Response 6. With respect to the first issue raised by this comment,
the EPA appreciates the logical concerns raised by this comment. In
response, the EPA agrees to extend the required sampling frequency to
one sample every 14th bin. With this change, the Petitioner may sample
the 10th bin of each set of 14 bins but may manage the 11th through
14th bins according to the results of analytical data from the previous
set of 14 bins. That way, results from the 10th bin will be available
by the time the next set of 14 bins begins to be filled, eliminating
the logistical challenges raised by this comment. Given that data
provided by the Petitioner that for non-cobalt constituents, all waste
constituents are expected to be well below the delisting exclusion
limits, and that sampling of one bin per set of 14 as described will
provide adequate assurance of compliance exclusion limits.
    With respect to the second issue raised by this comment, the EPA
acknowledges the Petitioner's concern, acetaldehyde, benzaldehyde, and
formic acid are constituents of concern (COCs) for the reasons listed
in proposed rule's preamble. As such, the EPA believes it is
appropriate to require testing as outlined in the proposed rule.
Because the EPA is already providing some relief by changing the
sampling frequency from every 10th bin to every 14th bin, the EPA
expects that the Petitioner will need confirmatory laboratory services
only about 12 times per year. While the EPA appreciates the
Petitioner's concern that suitable laboratories may not be located
conveniently close to the facility, some additional burden to ship
samples to a less conveniently located laboratory is warranted due to
the EPA's determination that acetaldehyde, benzaldehyde, and formic
acid are COCs, and that verification sampling data are essential for
ensuring full compliance with delisting criteria. No change is
warranted in response to this point.

III. Final Rule

A. What are the terms of this exclusion?

    EPA is finalizing the proposed exclusion based on the Petitioner's
petition with certain changes based on comments received, as discussed
in Section II of this preamble.

B. When is the delisting effective?

    This rule is effective July 13, 2022. The Hazardous and Solid Waste
Amendments of 1984 amended section 3010 of RCRA, 42 U.S.C. 6930(b)(1),
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. This rule reduces rather than increases the existing
requirements and, therefore, is effective immediately upon publication
under the Administrative Procedures Act, pursuant to 5 U.S.C. 553(d).

C. How does this action affect the states?

    This exclusion modification is being issued under the Federal RCRA
delisting program. Therefore, only states subject to Federal RCRA
delisting provisions would be affected. This exclusion is not effective
in states that have received authorization to make their own delisting
decisions. Moreover, the exclusion modifications may not be effective
in states having a dual system that includes Federal RCRA requirements
and their own requirements. The EPA allows states to impose their own
regulatory requirements that are more stringent than the EPA's, under
Section 3009 of RCRA. These more stringent requirements may include a
provision that prohibits a federally issued exclusion from taking
effect in the state. As noted in the notice of proposed rulemaking,
Ecology is expected to make a parallel delisting decision under their
separate state authority.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget because it is a rule of particular applicability, not general
applicability. The action approves a modification of an existing
delisting petition under RCRA for the petitioned waste at a particular
facility.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory
action. This final rule maintains meaningful burden reduction afforded
by the existing exclusion consistent with changes necessary to allow
management of liquid effluents expected from startup and operation of
Hanford's Waste Treatment and Immobilization Plant.

C. Paperwork Reduction Act

    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.) because it only applies to a particular facility.

D. Regulatory Flexibility Act

    Because this rule is of particular applicability relating to a
particular facility, it is not subject to the regulatory flexibility
provision of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

F. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538) and does not
significantly or uniquely affect small governments. The action imposes
no new enforceable duty on any state, local, or tribal governments or
the private sector.

G. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

H. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action applies only to a particular
facility on non-tribal land. Thus, Executive Order 13175 does not apply
to this action.

I. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

J. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

K. National Technology Transfer and Advancement Act

    This action does not involve technical standards as described by
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272).

L. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high or adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
EPA has determined that this action will not have disproportionately
high or adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment.

M. Congressional Review Act

    This action is exempt from the Congressional Review Act (5 U.S.C.
801 et seq.) because it is a rule of particular applicability.

List of Subjects in 40 CFR Part 261

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

    Dated: July 5, 2022.
Timothy Hamlin,
Director, Land, Chemicals and Redevelopment Division.

    For the reasons set out in the preamble, the EPA amends 40 CFR part
261 as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

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

0
2. Amend table 1 of appendix IX to part 261, by adding an entry for
``Emerald Kalama Chemical, LLC'' in alphabetical order to read as
follows:

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

           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
          Facility                Address          Waste description
------------------------------------------------------------------------

                              * * * * * * *
Emerald Kalama Chemical, LLC  Kalama,          Wastewater treatment
                               Washington.      sludges, U019 (benzene)
                                                and U220 (toluene),
                                                generated at Emerald
                                                Kalama Chemical, LLC in
                                                Kalama, Washington at a
                                                maximum annual rate of
                                                3,500 cubic yards per
                                                year. The sludge must be
                                                disposed of in a
                                                Subtitle D landfill
                                                which is licensed,
                                                permitted, or otherwise
                                                authorized by a state to
                                                accept the delisted
                                                wastewater treatment
                                                sludge. The exclusion
                                                becomes effective as of
                                                July 13, 2022.
                                               1. Delisting Levels:

                                                  The constituent
                                                   concentrations in a
                                                   representative sample
                                                   of the waste must not
                                                   exceed the following
                                                   levels. Total
                                                   concentrations (mg/
                                                   kg): Cobalt-62,300;
                                                   Copper-463,000;
                                                   Nickel-402,000;
                                                   Benzene-276,000;
                                                   Formic Acid-145,000.
                                                   TCLP Concentrations
                                                   (mg/l in the waste
                                                   extract):
                                                   Acetaldehyde-8.65;
                                                   Barium-74.8; Copper-
                                                   19.0; Nickel-29.2;
                                                   Zinc-426;
                                                   Benzaldehyde-6.08;
                                                   Benzene-0.166;
                                                   Benzoic Acid-5,000;
                                                   Formic Acid-174;
                                                   Benzyl Alcohol-125;
                                                   Methanol-2,500;
                                                   Phenol-375; Toluene-
                                                   32.6. For the cobalt
                                                   concentration in an
                                                   extract of the waste,
                                                   the exclusion is
                                                   based on a
                                                   demonstration of
                                                   being within a cobalt
                                                   budget defined as
                                                   2000 yds\3\-mg/L. The
                                                   Petitioner must
                                                   calculate a running
                                                   total starting with
                                                   the effective date of
                                                   this exclusion, and
                                                   for each annual
                                                   period. The running
                                                   total shall be the
                                                   sum of ViCi from i=1
                                                   to n, where:
                                                    Vi = the volume of
                                                     each batch in cubic
                                                     yards (yd\3\)
                                                    Ci = the
                                                     concentration of
                                                     cobalt in a TCLP
                                                     extract of each
                                                     batch as per
                                                     Condition 3 of this
                                                     exclusion (mg/L)
                                                    n = number of
                                                     batches generated
                                                     per year

                                                  The Petitioner may
                                                   conduct analysis for
                                                   cobalt in an extract
                                                   of the IWBS biosolids
                                                   using the in-house
                                                   method documented in
                                                   ``Cobalt Content In
                                                   Sludge Extract
                                                   Prepared According to
                                                   Toxicity
                                                   Characteristic
                                                   Leaching Procedure
                                                   (TCLP Cobalt),
                                                   Revision 1.0, 11/24/
                                                   2021 as placed in the
                                                   rulemaking docket.
                                                   The Petitioner may
                                                   monitor the quantity
                                                   of waste in each
                                                   batch on a weight
                                                   basis, converting to
                                                   volume using a
                                                   documented density of
                                                   0.67 tons/cubic yard.
                                                   Provided that the
                                                   cumulative cobalt
                                                   budget remains less
                                                   than the limit of
                                                   2000 yds\3\-mg/L each
                                                   batch will be
                                                   considered in
                                                   compliance with the
                                                   exclusion limit for
                                                   cobalt in an extract
                                                   of the waste.
                                                   However, any batch
                                                   with a cobalt
                                                   concentration greater
                                                   than 1.99 mg/l in a
                                                   TCLP extract of the
                                                   waste cannot be
                                                   managed under this
                                                   exclusion and must
                                                   remain subject to
                                                   RCRA Subtitle C
                                                   regulation. For the
                                                   first year following
                                                   the effective date of
                                                   this exclusion, the
                                                   Petitioner shall also
                                                   document the density
                                                   of IWBS for each
                                                   batch of IWBS using
                                                   ASTM Method ASTM
                                                   E1109-19 or other
                                                   equivalent method for
                                                   purposes of verifying
                                                   the 0.67 tons/cubic
                                                   yard density. In
                                                   addition, the
                                                   Petitioner shall, on
                                                   an on-going monthly
                                                   basis, obtain
                                                   analysis of one spit
                                                   aliquot of the TCLP
                                                   extract of IWBS
                                                   biosolids for cobalt
                                                   from an independent
                                                   laboratory accredited
                                                   by the Washington
                                                   State Department of
                                                   Ecology subject to
                                                   the provision of
                                                   Condition 2 below.
                                               2. Reporting. Within 60
                                                days of each anniversary
                                                of the effective date of
                                                this exclusion, or such
                                                other time as the EPA
                                                may approve in writing,
                                                the Petitioner shall
                                                provide a written report
                                                to the EPA documenting
                                                all data gathered
                                                regarding extraction and
                                                analysis of the extract
                                                for cobalt pursuant to
                                                the requirements of this
                                                exclusion, including the
                                                results of IWBS density
                                                measurement (first year
                                                report only) and the
                                                independent laboratory
                                                data for cobalt required
                                                by Condition 1. This
                                                report must be
                                                accompanied by the
                                                signed certification
                                                language appearing at 40
                                                CFR 270.1(d)(1). After
                                                review of the density
                                                data presented in this
                                                report, the EPA may
                                                provide the Petitioner
                                                written approval to use
                                                some other numerical
                                                density than 0.67 tons/
                                                cubic yard for purposes
                                                of subsequent
                                                implementation of cobalt
                                                budget calculations
                                                pursuant to Condition 1.
                                                Following submission of
                                                the first annual report,
                                                the Petitioner may
                                                request relief from the
                                                spilt aliquot analysis
                                                requirement in Condition
                                                1. Upon receipt of
                                                written approval of the
                                                request from the EPA,
                                                the Petitioner will be
                                                relieved of the spilt
                                                aliquot analysis
                                                requirement in Condition
                                                1.

                                               3. Verification Testing:
                                                To verify that the waste
                                                does not exceed the
                                                delisting concentrations
                                                specified in Condition 1
                                                (except for cobalt), the
                                                Petitioner must collect
                                                and analyze one
                                                representative waste
                                                sample of every group of
                                                14 roll-off boxes of
                                                wastewater treatment
                                                sludge, with the sample
                                                being obtained from the
                                                10th box of each group
                                                of 14. If this sampling
                                                is expected to occur on
                                                a weekend or a Federal
                                                holiday, the Petitioner
                                                may substitute sampling
                                                of the 9th or 11th box
                                                in each batch of 14
                                                boxes, with sampling of
                                                subsequent batches
                                                resuming the original
                                                schedule of sampling the
                                                10th roll-off box of
                                                each batch of 14 boxes.
                                                The Petitioner may
                                                manage the 10th through
                                                14th box of each group
                                                of 14 according to the
                                                verification sampling
                                                results of the previous
                                                group of 14 boxes
                                                pending receipt of
                                                verification sample
                                                results from the 10th
                                                box of the current set
                                                of boxes. The EPA notes
                                                that the Washington
                                                State Department of
                                                Ecology does not
                                                currently accredit any
                                                laboratory in the state
                                                of Washington for
                                                analysis of
                                                acetaldehyde,
                                                benzaldehyde, or formic
                                                acid in samples of solid
                                                material. The EPA will
                                                accept laboratory
                                                analyses result for
                                                acetaldehyde,
                                                benzaldehyde and formic
                                                acid from a laboratory
                                                that otherwise holds
                                                accreditations for all
                                                other analytes. For
                                                cobalt, sampling must
                                                occur once per batch (as
                                                defined by a single roll-
                                                off box). All sampling
                                                and analysis must be
                                                conducted using methods
                                                with appropriate
                                                detection concentrations
                                                and elements of quality
                                                control. Sampling data
                                                must be provided to the
                                                EPA no later 60 days
                                                following each
                                                anniversary of the
                                                effective date of this
                                                delisting, or such later
                                                date as the EPA may
                                                agree to in writing. No
                                                earlier than the first
                                                anniversary of the
                                                effective date of this
                                                delisting, the
                                                Petitioner may request
                                                that the EPA approve
                                                changes to the sampling
                                                frequency under this
                                                condition. Such a
                                                request must include
                                                data and analysis that
                                                demonstrated that the
                                                revised sampling
                                                frequency will ensure
                                                that all wastes subject
                                                to this exclusion will
                                                consistently satisfy the
                                                delisting exclusion
                                                criteria under Condition
                                                1. The Petitioner must
                                                conduct all verification
                                                sampling according to a
                                                written sampling plan
                                                and associated quality
                                                assurance project plan
                                                which is approved in
                                                advance by the EPA that
                                                ensures analytical data
                                                are suitable for their
                                                intended use. The
                                                Petitioner's annual
                                                submission must also
                                                include a certification
                                                that all wastes
                                                satisfying the delisting
                                                concentrations in
                                                Condition 1 have been
                                                disposed of in a
                                                Subtitle D landfill
                                                which is licensed,
                                                permitted, or otherwise
                                                authorized by a state to
                                                accept the delisted
                                                wastewater treatment
                                                sludge.
                                               4. Changes in Operating
                                                Conditions: The
                                                Petitioner must notify
                                                the EPA in writing if it
                                                significantly changes
                                                the manufacturing
                                                process, the chemicals
                                                used in the
                                                manufacturing process,
                                                the treatment process,
                                                or the chemicals used in
                                                the treatment process.
                                                The Petitioner must
                                                handle wastes generated
                                                after the process change
                                                as hazardous until it
                                                has demonstrated that
                                                the wastes continue to
                                                meet the delisting
                                                concentrations in
                                                Condition 1,
                                                demonstrated that no new
                                                hazardous constituents
                                                listed in Appendix VIII
                                                of part 261 have been
                                                introduced into the
                                                manufacturing process or
                                                waste treatment process,
                                                and it has received
                                                written approval from
                                                the EPA that it may
                                                continue to manage the
                                                waste as non-hazardous.
                                               5. Data Submittals: The
                                                Petitioner must submit
                                                the data obtained
                                                through verification
                                                testing or as required
                                                by other conditions of
                                                this rule to the
                                                Director, Land,
                                                Chemical, &
                                                Redevelopment Division,
                                                U.S. EPA Region 10, 1200
                                                6th Avenue, Suite 155, M/
                                                S 15-H04, Seattle,
                                                Washington, 98101 or his
                                                or her equivalent. The
                                                annual verification data
                                                and certification of
                                                proper disposal must be
                                                submitted within 60 days
                                                after each anniversary
                                                of the effective date of
                                                this delisting
                                                exclusion, or such later
                                                date as the EPA may
                                                agree to in writing. The
                                                Petitioner must compile,
                                                summarize, and maintain
                                                on-site for a minimum of
                                                five years, records of
                                                analytical data required
                                                by this rule, and
                                                operating conditions
                                                relevant to those data.
                                                The Petitioner must make
                                                these records available
                                                for inspection. All data
                                                must be accompanied by a
                                                signed copy of the
                                                certification statement
                                                in 40 CFR 260.22(i)(12).
                                                If the Petitioner fails
                                                to submit the required
                                                data within the
                                                specified time or
                                                maintain the required
                                                records on-site for the
                                                specified time, the EPA
                                                may, at its discretion,
                                                consider such failure a
                                                sufficient basis to
                                                reopen the exclusion as
                                                described in paragraph
                                                5.
                                               6. Reopener Language: (A)
                                                If, any time after
                                                disposal of the delisted
                                                waste, the Petitioner
                                                possesses or is
                                                otherwise made aware of
                                                any data relevant to the
                                                delisted waste
                                                indicating that any
                                                constituent is at a
                                                higher than the
                                                specified delisting
                                                concentration, then the
                                                Petitioner must report
                                                such data, in writing,
                                                to the Director, Land,
                                                Chemical, &
                                                Redevelopment Division,
                                                EPA Region 10 at the
                                                address above, or his or
                                                her equivalent, within
                                                10 days of first
                                                possessing or being made
                                                aware of those data.

                                                  (B) Based on the
                                                   information described
                                                   in Condition 4 or
                                                   6(A) and any other
                                                   information received
                                                   from any source, the
                                                   EPA 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 EPA
                                                   determines that the
                                                   reported information
                                                   does require Agency
                                                   action, the EPA will
                                                   notify the Petitioner
                                                   in writing of the
                                                   actions it believes
                                                   are necessary to
                                                   protect human health
                                                   and the environment.
                                                   The notice shall
                                                   include a statement
                                                   of the proposed
                                                   action and a
                                                   statement providing
                                                   the Petitioner with
                                                   an opportunity to
                                                   present information
                                                   as to why the
                                                   proposed Agency
                                                   action is not
                                                   necessary or to
                                                   suggest an
                                                   alternative action.
                                                   The Petitioner shall
                                                   have 30 days from the
                                                   date of the EPA's
                                                   notice to present the
                                                   information.
                                                  (D) If after 30 days
                                                   the Petitioner
                                                   presents no further
                                                   information or after
                                                   a review of any
                                                   submitted
                                                   information, the EPA
                                                   will issue a final
                                                   written determination
                                                   describing the Agency
                                                   actions that are
                                                   necessary to protect
                                                   human health or the
                                                   environment. Any
                                                   required action
                                                   described in the
                                                   EPA's determination
                                                   shall become
                                                   effective immediately
                                                   unless the EPA
                                                   provides otherwise.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-15009 Filed 7-12-22; 8:45 am]
BILLING CODE 6560-50-P