[Federal Register: May 19, 2010 (Volume 75, Number 96)]
[Proposed Rules]
[Page 27964-27966]
[DOCID:fr19my10-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1157; Directorate Identifier 2009-NE-26-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc (RR) RB211-22B and
RB211-524 Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: Several low pressure turbine (LPT) shafts have been found

with cracks originating from the rear cooling air holes. The cracks
were found at normal component overhaul, by the standard Magnetic
Particle Inspection (MPI) technique defined in the associated engine
manual. The cracks have been found to initiate from corrosion pits.
Propagation of a crack from the rear cooling air holes may result in
shaft failure and subsequently in an uncontained Low Pressure Turbine
failure. For the reasons stated above, this AD requires the inspection
of the affected engines' LPT shafts and replacement of the shaft, as
necessary. We are proposing this AD to detect cracks, initiated by
corrosion pits, originating from the rear cooling air holes, which
could result in shaft failure and subsequently in an uncontained
failure of the LPT and damage to the airplane.

DATES: We must receive comments on this proposed AD by July 6, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Contact Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United
Kingdom: Telephone 011 44 1332 242424; fax 011 44 1332 249936, for the
service information identified in this proposed AD.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tara Chaidez, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1157;
Directorate Identifier 2009-NE-26-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0310 R1, dated January 8, 2008 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products.] The MCAI states:

    Several low pressure turbine (LPT) shafts have been found with
cracks originating from the rear cooling air holes. The cracks were
found at normal component overhaul, by the standard Magnetic
Particle Inspection (MPI) technique defined in the associated engine
manual. The cracks have been found to initiate from corrosion pits.
Propagation of a crack from the rear cooling air holes may result in
shaft failure and subsequently in an uncontained Low Pressure
Turbine failure. For the reasons stated above, this AD requires the
inspection of the affected engines' LPT shafts and replacement of
the shaft, as necessary.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Rolls-Royce plc has issued Alert Service Bulletin RB.211-72-AF336,
dated October 24, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of the
United Kingdom, and is approved for operation in the United States.
Pursuant to our bilateral agreement with the United Kingdom, they have
notified us of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 10 products of U.S. registry. We also estimate that
it would take about 7 work-hours per product to comply with this
proposed AD. The average labor rate is $85 per work-hour. Required
parts would cost about $15,000 per product. Based on these figures, we
estimate the cost of the proposed AD on U.S. operators to be $155,950.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Rolls-Royce plc: Docket No. FAA-2009-1157; Directorate Identifier
2009-NE-26-AD.

Comments Due Date

    (a) We must receive comments by July 6, 2010.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Rolls-Royce plc RB211-22B series and
RB211-524B4-D-02, RB211-524D4-19, RB211-524D4-39, RB211-524D4-B-19,
RB211-524D4-B-39, RB211-524D4X-19, and RB211-524D4X-B-19 model
turbofan engines. These engines are installed on, but not limited
to, Boeing 747 series and Lockheed L-1011 series airplanes.

Reason

    (d) This AD results from:

    Several low pressure turbine (LPT) shafts have been found with
cracks originating from the rear cooling air holes. The cracks were
found at normal component overhaul, by the standard Magnetic
Particle Inspection (MPI) technique defined in the associated engine
manual. The cracks have been found to initiate from corrosion pits.
Propagation of a crack from the rear cooling air holes may result in
shaft failure and subsequently in an uncontained Low Pressure
Turbine failure. For the reasons stated above, this AD requires the
inspection of the affected engines' LPT shafts and replacement of
the shaft, as necessary.

    We are issuing this AD to detect cracks, initiated by corrosion
pits, originating from the rear cooling air holes, which could
result in shaft failure and subsequently in an uncontained failure
of the LPT and damage to the airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.

Initial Inspection Requirements

    (1) At the next engine shop visit after the effective date of
this AD when the LPT shaft is completely disassembled to piece-part
level, inspect the LPT shaft using paragraphs 3.A.(1)(a) through
3.A.(4)(l) of the accomplishment instructions of Rolls-Royce Service
Bulletin RB.211-72-AF336, dated October 24, 2007.

Repetitive Inspection Requirements

    (2) Thereafter, reinspect the LPT shaft using paragraphs
3.A.(1)(a) through 3.A.(4)(l) of the accomplishment instructions of
Rolls-Royce Service Bulletin RB.211-72-AF336, dated October 24, 2007
and the following schedule in Table 1 of this AD:

         Table 1--Repetitive Inspection Interval by Engine Model
------------------------------------------------------------------------
                                               Maximum time between
              Engine model                 inspections (engine cycles)
------------------------------------------------------------------------
(i) RB211-22B Series, all models.......  3,500.
(ii) RB211-524B4-D-02..................  4,000.
(iii) RB211-524D4-19, RB211-524D4-39,    At the next engine shop visit
 RB211-524D4-B-19, RB211-524D4-B-39,      after the last inspection.
 RB211-524D4X-19 and RB211-524D4X-B-19.
------------------------------------------------------------------------

Remove Parts With Cracks

    (3) Remove cracked LPT shafts, found using paragraphs (e)(1) or
(e)(2) of this AD, from service before further flight.

Definitions

    (4) For the purpose of this AD, an engine shop visit is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges. The separation
of engine flanges solely for the purposes of transportation without
subsequent engine maintenance does not constitute an engine shop
visit.

Other FAA AD Provisions

    (f) Alternative Methods of Compliance (AMOCs): The Manager,
Engine Certification Office, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.

Related Information

    (g) Refer to MCAI EASA Airworthiness Directive 2007-0310 R1,
dated January 8, 2008, and Rolls-Royce plc Alert Service Bulletin
RB.211-72-AF336, dated October 24, 2007, for related information.
Contact Rolls-Royce plc P.O. Box 31, Derby, DE24 8BJ, United
Kingdom; telephone 044 1332 242424; fax 044 1332 249936, for a copy
of this service information.
    (h) Contact Tara Chaidez, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,
for more information about this AD.

    Issued in Burlington, Massachusetts, on May 12, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-11998 Filed 5-18-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Proposed Rules]
[Pages 10911-10918]
[FR Doc No: 2021-02939]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2020-0379; FRL-10017-28--Region 6]

Hazardous Waste Management System; Identification and Listing of
Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
modify an exclusion from the lists of hazardous waste previously
granted to American Chrome and Chemical (Petitioner), in Corpus
Christi, Texas. This action responds to a petition for amendment to
exclude (or ``delist'') up to 1,450 cubic yards per year of K006
chromic oxide solids from the list of federal hazardous wastes when
disposed of in an on-site surface impoundment in lieu of disposal in a
Subtitle D Landfill. The Agency is proposing to grant the petition
based on an evaluation of waste-specific information provided by the
petitioner.

DATES: Comments on this proposed amendment must be received by March
25, 2021.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Email<EMAIL_ADDRESS>    Instructions: EPA must receive your comments by March 25, 2021.
Direct your comments to Docket ID Number EPA-R06-RCRA-2020-0379. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
https://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 https://www.regulations.gov, or email. The Federal regulations.gov website 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 email comment directly to EPA without
going through regulations.gov, your email 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 with any CD 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: The index to the docket for this action is available
electronically at www.regulations.gov. 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, will be publicly available only
in hard copy.
    You can view and copy the delisting petition and associated
publicly available docket materials either through www.regulations.gov
at: EPA, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270. The
EPA facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and facility closures due to COVID-
19. We recommend that you telephone Harry Shah, at<PHONE_NUMBER>,
before visiting the Region 6 office. Interested persons wanting to
examine these documents should make an appointment with the office.

FOR FURTHER INFORMATION CONTACT: Harry Shah,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Out of an abundance of caution for members of the
public and our staff, the EPA Region 6 office will be closed to the
public to reduce the risk of transmitting COVID-19. We encourage the
public to submit comments via https://www.regulations.gov, as there
will be a delay in processing mail and no courier or hand deliveries
will be accepted. Please call or email the contact listed above if you
need alternative access to material indexed but not provided in the
docket.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview Information
II. Background
    A. What laws and regulations give EPA the authority to delist
waste?
    B. What is currently delisted at the Petitioner's Corpus
Christi, TX facility?
    C. What does Petitioner request in its petition for amendment?
III. Disposition of the Petition Amendment
    A. What information did the Petitioner submit to support its
petition for amendment?
    B. What factors did EPA consider in deciding whether to grant a
delisting petition?
    C. How did EPA evaluate the risk of delisting this waste?
    D. What did EPA conclude?
IV. Conditions for Exclusion
    A. How will the Petitioner manage the waste if it is delisted?
    B. What are the maximum allowable concentrations of hazardous
constituents in the waste?
    C. How frequently must the Petitioner test the waste?
    D. What data must the Petitioner submit?
    E. What happens if the Petitioner fails to meet the conditions
of the exclusion?
    F. What must the Petitioner do if the process changes?
V. When would the EPA finalize the proposed delisting amendment?
VI. How would this action affect the States?

VII. Statutory and Executive Order Reviews

I. Overview Information

    The EPA is proposing to grant an amendment to the petition
submitted by American Chrome and Chemical (Petitioner), in Corpus
Christi, Texas to exclude (or ``delist'') up to 1,450 cubic yards per
year of K006 chromic oxide solids from the list of federal hazardous
waste set forth in 40 Code of Federal Regulations CFR 261.32. The
Petitioner claims that the petitioned waste do not meet the criteria
for which the EPA listed it, and that there are no additional
constituents or factors which could cause the waste to be hazardous.
The original delisting petition was submitted to EPA in April 17, 2002
and made final on September 21, 2004. Full facility descriptions and
information are provided in the proposed rulemaking (68 FR 64834,
November 17, 2003). Based on our review described in Section III, we
propose to approve the amendment, and allow the delisted waste to be
disposed in the on-site surface impoundment in addition to an off-site
Subtitle D landfill.

II. Background

A. What laws and regulations give EPA the authority to delist waste?

    EPA published amended lists of hazardous wastes from non-specific
and specific sources on January 16, 1981, as part of its final and
interim final regulations implementing Section 3001 of RCRA. These
lists have been amended several times and are found at 40 CFR 261.31
and 261.32.
    We list these wastes as hazardous because: (1) They typically and
frequently exhibit one or more of the characteristics of hazardous
wastes identified in Subpart C of 40 CFR part 261 (i.e., ignitability,
corrosivity, reactivity, and toxicity), or (2) they meet the criteria
for listing contained in 40 CFR 261.11(a)(2) or (3).
    Individual waste streams may vary, however, depending on raw
materials, industrial processes, and other factors. Thus, while a waste
that is described in these regulations generally is hazardous, a
specific waste from an individual facility meeting the listing
description may not be.
    For this reason, 40 CFR 260.20 and 260.22 provide an exclusion
procedure which allows a person to demonstrate that a specific listed
waste from a particular generating facility should not be regulated as
a hazardous waste, and should, therefore, be delisted.
    According to 40 CFR 260.22(a)(1), in order to have these wastes
excluded a petitioner must first show that wastes generated at its
facility do not meet any of the criteria for which the wastes were
listed. The criteria which we use to list wastes are found in 40 CFR
261.11. An explanation of how these criteria apply to a particular
waste is contained in the background document for that listed waste.
    In addition to the criteria that we considered when we originally
listed the waste, we are also required by the provisions of 40 CFR
260.22(a)(2) to consider any other factors (including additional
constituents), if there is a reasonable basis to believe that these
factors could cause the waste to be hazardous.
    In a delisting petition, the petitioner must demonstrate that the
waste does not exhibit any of the hazardous waste characteristics
defined in Subpart C of 40 CFR part 261 (i.e., ignitability,
corrosivity, reactivity, and toxicity), and must present sufficient
information for EPA to determine whether the waste contains any other
constituents at hazardous levels
    A generator remains obligated under RCRA to confirm that its waste
remains non-hazardous based on the hazardous waste characteristics
defined in Subpart C of 40 CFR part 261 even if EPA has delisted its
waste.
    We also define residues from the treatment, storage, or disposal of
listed hazardous wastes and mixtures containing listed hazardous wastes
as hazardous wastes. (See 40 CFR 261.3(a)(2)(iv) and (c)(2)(i),
referred to as the ``mixture'' and ``derived-from'' rules,
respectively.) These wastes are also eligible for exclusion but remain
hazardous wastes until delisted.

B. What is currently delisted at the Petitioner's Corpus Christi, TX
facility?

    On April 17, 2002, American Chrome and Chemical petitioned the EPA
to exclude from the list of hazardous waste contained in Sec. 261.32,
the dewatered sludge generated from its facility located in Corpus
Christi, Texas. The waste, the EPA Hazardous Waste No. K006, falls
under the classification of listed waste because of the ``derived-
from'' rule in Sec. 261.3.
    Specifically, in its petition, the Petitioner requested that the
EPA grant an exclusion for 1,450 cubic yards per year of dewatered
sludge resulting from its process of manufacturing chromic oxide. The
resulting waste is listed, in accordance with the ``derived-from''
rule.
    The Petitioner's wastewater sludge contains approximately 11%
solids. The petitioned waste is only the dewatered portion of the
sludge, not the entire sludge (solids and wastewater) that is generated
from the current wastewater treatment process. Currently, the
Petitioner discharges the wastewater through Outfall 201, into an on-
site storage tank. The discharge is permitted by Texas Commission on
Environmental Quality (TCEQ) through a Texas Pollution Discharges
Elimination System (TPDES) Permit No. 003490 (EPA NPDES Permit No.
TX0004685).
    In support of its petition, the Petitioner submitted sufficient
information to EPA to allow us to determine that the waste was not
hazardous based upon the criteria for which it was listed and that no
other hazardous constituents were present in the waste at levels of
regulatory concern.
    A full description of these wastes and the Agency's evaluation of
the 2002 petition are contained in the Proposed Rule and Request for
Comments published in the Federal Register on November 17, 2003 (68 FR
64834).
    After evaluating public comment on the Proposed Rule, we published
a final decision in the Federal Register on September 21, 2004, (69 FR
56357) to exclude the Petitioner's dewatered chromic oxide sludge
derived from the treatment of EPA Hazardous Waste No. K006 from the
list of hazardous wastes found in 40 CFR 261.31.
    EPA's final decision in 2004 was conditioned on the disposal of the
material in an off-site Subtitle C landfill at an annual waste volume
generation of 1,450 cubic yards of K006 dewatered sludge. Any
additional waste volume in excess of this limit generated by Petitioner
in a calendar year was to have been managed as hazardous waste. The
waste could not be managed in any other waste unit.

C. What does Petitioner request in its petition for amendment?

    In an effort to reduce disposal costs and the administrative
burdens of waste tracking, notification, and recording requirements,
Petitioner petitioned EPA on December 3, 2019 for an amendment to its
September 21, 2004 final exclusion. In its petition, Petitioner
requested to add the disposal scenario of surface impoundment as a
management option for the chromic oxide wastes. The volume of waste is
set at a maximum annual generation of 1,450 cubic yards.

III. Disposition of Petition Amendment

A. What information did the Petitioner submit to support its petition
for amendment?

    The exclusion which we granted to the Petitioner on September 21,
2004, is

a conditional exclusion. No more than 1,450 cubic yards of waste per
year can be disposed of in an off-site Subtitle D Landfill. Disposal in
the on-site Surface Impoundment #3 (Texas Notice of Registration Waste
Unit 22) was not approved.
    In order to support its Petition for Amendment, the Petitioner
submitted four new samples of the waste material and the disposal
scenario of the surface impoundment was modeled using the Delisting
Risk Assessment Software. The worst-case scenario of the constituents'
concentrations for the K006 sludge were used as input in the model to
determine if it would meet the hazardous waste criteria for which it
was listed. The maximum total and leachate concentrations for the
inorganic constituents which were found in the analytical data provided
by Petitioner are presented in Table 1.

             Table 1--Maximum Total and TCLP Concentrations
------------------------------------------------------------------------
                                           Maximum total   Maximum TCLP
              Chemical name                concentration   concentration
                                              (mg/kg)         (mg/l)
------------------------------------------------------------------------
Arsenic.................................            9.54          <0.005
Barium..................................            20.8           0.034
Chromium................................         350,836           0.563
Thallium................................           <6.72           <0.05
Zinc....................................             136           0.020
------------------------------------------------------------------------

B. What factors did EPA consider in deciding whether to grant a
delisting petition?

    In reviewing this petition, we considered the original listing
criteria and the additional factors required by the Hazardous and Solid
Waste Amendments of 1984 (HSWA). See section 222 of HSWA, 42 U.S.C.
6921(f), and 40 CFR 260.22(d)(2) through (4). We evaluated the
petitioned wastes against the listing criteria and factors cited in
Sec.  261.11(a)(2) and (3).
    In addition to the criteria in 40 CFR 260.22(a), 261.11(a)(2) and
(3), 42 U.S.C. 6921(f), and in the background documents for the listed
wastes, EPA also considered any factors (including additional
constituents) other than those for which we listed the waste if these
additional factors could cause the waste to be hazardous.
    Our proposed decision to grant the amendment to the 2004 petition
to delist the waste from Petitioner's facility in Corpus Christi, Texas
is based on our evaluation of the wastes for factors or criteria which
could cause the waste to be hazardous. These factors included: (1)
Whether the waste is considered acutely toxic; (2) the toxicity of the
constituents; (3) the concentration of the constituents in the waste;
(4) the tendency of the constituents to migrate and to bioaccumulate;
(5) the persistence in the environment of any constituents once
released from the waste; (6) plausible and specific types of management
of the petitioned waste; (7) the quantity of waste produced; and (8)
waste variability.
    The EPA must also consider as hazardous wastes mixtures containing
listed hazardous wastes and wastes derived from treating, storing, or
disposing of listed hazardous waste. See 40 CFR 261.3(a)(2)(iv) and
(c)(2)(i), called the ``mixture'' and ``derived-from'' rules,
respectively. Mixture and derived-from wastes are also eligible for
exclusion but remain hazardous until excluded.

C. How did the EPA evaluate the risk of delisting this waste?

    For this delisting determination, we evaluated the risk that the
waste would be disposed of as a non-hazardous waste in a surface
impoundment. We considered transport of waste constituents through
groundwater, surface water and air. We evaluated Petitioner's analysis
of petitioned waste using the DRAS software to predict the
concentration of hazardous constituents that might be released from the
petitioned waste and to determine if the waste would pose a threat to
human health and the environment. The DRAS software and associated
documentation can be found at www.epa.gov/hw/hazardous-waste-delisting-risk-assessment-software-dras.
    To predict the potential for release to groundwater from landfilled
wastes and subsequent routes of exposure to a receptor, the DRAS uses
dilution attenuation factors derived from the EPA's Composite Model for
leachate migration with Transformation Products. From a release to
ground water, the DRAS considers routes of exposure to a human receptor
through ingestion of contaminated groundwater, inhalation from
groundwater while showering and dermal contact from groundwater while
bathing.
    From a release to surface water by erosion of waste from an open
landfill into storm water run-off, DRAS evaluates the exposure to a
human receptor by fish ingestion and ingestion of drinking water. From
a release of waste particles and volatile emissions to air from the
surface of an open landfill, DRAS considers routes of exposure of
inhalation of volatile constituents, inhalation of particles, and air
deposition of particles on residential soil and subsequent ingestion of
the contaminated soil by a child. The technical support document and
the user's guide to DRAS are available at https://www.epa.gov/hw/hazardous-waste-delisting-risk-assessment-software-dras.

D. What did EPA conclude?

    The Petitioner does not believe that the petitioned waste meets the
criteria of K006 for which the EPA listed it. The Petitioner also
believes no additional constituents or factors could cause the waste to
be hazardous. The Petitioner also believes that disposal in the on-site
surface impoundment will not adversely impact human health and the
environment. The EPA's review of this petition included consideration
of the original listing criteria, and the additional factors required
by the Hazardous and Solid Waste Amendments of 1984 (HSWA). See section
3001(f) of RCRA, 42 U.S.C. 6921(f), and 40 CFR 260.22 (d)(1) through
(4) (hereinafter all sectional references are to 40 CFR unless
otherwise indicated). In making the initial delisting determination,
the EPA evaluated the petitioned waste against the listing criteria and
factors cited in Sec.  261.11(a)(2) and (3). Based on this review, the
EPA agrees with the Petitioner that the petitioned waste is
nonhazardous with respect to the original listing criteria. (If the EPA
had found, based on this review, that the waste remained hazardous
based on the factors for which the waste was originally listed, the EPA
would have

proposed to deny the petition.) The EPA evaluated the waste with
respect to other factors or criteria to assess whether there is a
reasonable basis to believe that such additional factors could cause
the waste to be hazardous. The EPA considered whether the waste is
acutely toxic, the concentration of the constituents in the waste,
their tendency to migrate and to bioaccumulate, their persistence in
the environment once released from the waste, plausible and specific
types of management of the petitioned waste, the quantities of waste
generated, and waste variability. The EPA believes that the petitioned
waste does not meet the listing criteria and thus should not be a
listed waste. The EPA's proposed decision to delist waste from
Petitioner's facility is based on the information submitted in support
of this rule, including descriptions of the wastes and analytical data
from the Corpus Christi, Texas facility.

IV. Conditions for Exclusion

A. How will the Petitioner manage the waste if it is delisted?

    If the petitioned wastes are delisted as proposed, the Petitioner
must dispose of them in a Subtitle D landfill which is permitted,
licensed, or registered by a state to manage industrial waste or in the
on-site surface impoundment.

B. What are the maximum allowable concentrations of hazardous
constituents in the waste?

    EPA notes that in multiple instances the maximum allowable total
constituent concentrations provided by the DRAS model exceed 100% of
the waste--these DRAS results are an artifact of the risk calculations
that do not have physical meaning. In instances where DRAS predicts a
maximum constituent greater than 100 percent of the waste (that is,
greater than 1,000,000 mg/kg or mg/L, respectively, for total and TCLP
concentrations), the EPA is not proposing to require the Petitioners to
perform sampling and analysis for that constituent and sampling type
(total or TCLP).

C. How frequently must the Petitioner test the waste?

    The testing approach for introduction of this waste stream will be
conducted in a graduated approach. During the first thirty days of
sending the delisted waste to the surface impoundment, The Petitioner
will collect slurry samples from the influent to the surface
impoundment to determine compliance with the delisting parameters. The
Petitioner will prepare a monthly report to determine if the delisted
waste in compliance with the delisting parameters. If compliance with
the delisting parameters is demonstrated with analytical testing for
thirty days, the Petitioner may decrease its sampling frequency for
this exclusion to quarterly sampling reporting on the delisting
exclusion. This does not supercede the discharge permit requirements,
it gives only requirements for the submission of delisted waste related
data. If two consecutive quarterly delisting reports show compliance
with the delisting parameters, the Petitioner may request to move to
annual sampling for the purposes of the delisting. The annual sampling
report shall include the volume of chromic oxide solids disposed of in
the surface impoundment as well as an annual testing event data. The
petitioner should monitor and report increasing trends of constituents
which will affect the overall compliance with the discharge permit.
    Thirty days after disposal in the on-site surface impoundment
begins, wastewater samples should be taken at Outfall 101 as prescribed
by the discharge permit issued by the Texas Commission on Environmental
Quality (TCEQ) through a Texas Pollution Discharge Elimination System
(TPDES) Permit No. 003490 (EPA NPDES Permit No. TX0004685). Discharge
from Outfall 101 is intermittent to control freeboard. At a minimum, an
annual sampling event should be conducted at Outfall 101. A summary of
the Outfall 101 discharge data shall be included in the annual report.

D. What data must the Petitioner submit?

    The Petitioner must submit the data obtained through verification
testing to U.S. EPA Region 6, Office of Land, Chemicals and
Redevelopment, 1201 Elm Street, Suite 500, M/C 6LCR-RP, Dallas, Texas
75270-2102. within 10 days after receiving the final results from the
laboratory. These results may be submitted electronically to Harry
Shah<EMAIL_ADDRESS>The Petitioner must make those records
available for inspection. All data must be accompanied by a signed copy
of the certification statement in 40 CFR 260.22(i)(12).

E. What happens if the Petitioner fails to meet the conditions of the
exclusion?

    If this Petitioner violates the terms and conditions established in
the exclusion, the Agency may start procedures to withdraw the
exclusion. Additionally, the terms of the exclusion provide that
``[a]ny waste volume for which representative composite sampling does
not reflect full compliance with the exclusion criteria must continue
to be managed as hazardous.''
    If the verification testing of the waste does not demonstrate
compliance with the delisting concentrations described in section IV.C
above, or other data (including but not limited to leachate data or
groundwater monitoring data from the final land disposal facility)
relevant to the delisted waste indicates that any constituent is at a
concentration in waste above specified delisting verification
concentrations in Table 5, the Petitioner must notify the Agency within
10 days, or such later date as the EPA may agree to in writing, after
receiving the final verification testing results from the laboratory or
of first possessing or being made aware of other relevant data. The EPA
may require the Petitioner to conduct additional verification sampling
to better define the particular volume of wastes within the affected
unit that does not fully satisfy delisting criteria. For any volume of
wastes for which the corresponding representative sample(s) do not
reflect full compliance with delisting exclusion levels, the exclusion
by its terms does not apply, and the waste must be managed as
hazardous.
    EPA has the authority under RCRA and the Administrative Procedures
Act, 5 U.S.C. 551 (1978) et seq. to reopen a delisting decision if we
receive new information indicating that the conditions of this
exclusion have been violated or are otherwise not being met.

F. What must the Petitioner do if the process changes?

    Any process changes or additions implemented at Petitioner's
facility which would significantly impact the constituent
concentrations of the waste must be reported to EPA in accordance with
Condition VI. of the exclusion language.

V. When would the EPA finalize the proposed delisting exclusion?

    HSWA specifically requires EPA to provide notice and an opportunity
for comment before granting or denying a final exclusion. Thus, EPA
will not make a final decision or grant an exclusion until it has
addressed all timely public comments on today's proposal, including any
at public hearings. Upon receipt and consideration of all comments, EPA
will publish its final determination as a final rule. Since this rule
would reduce the existing requirements for persons generating hazardous
wastes, the regulated community does not need a six-month period to
come into compliance in accordance with

section 3010 of RCRA as amended by HSWA.

VI. How would this action affect the states?

    Because EPA is proposing to issue this exclusion under the federal
RCRA delisting regulations, only states subject to federal RCRA
delisting provisions will be affected. This exclusion may not be
effective in states which have received authorization from the EPA to
make their own delisting decisions.
    RCRA allows states to impose more stringent regulatory requirements
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. We urge petitioners to contact the state
regulatory authority to establish the status of their wastes under the
state law.
    EPA has also authorized some states to administer a delisting
program in place of the federal program, that is, to make state
delisting decisions. Therefore, this exclusion does not apply in those
states. If the Petitioner manages the wastes in any state with
delisting authorization, the Petitioner must obtain delisting
authorization or other determination from the receiving state before it
can manage the waste as nonhazardous in that state.

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

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

    This proposed action is not an Executive Order 13771 regulatory
action because actions such as approval of delisting petitions under
RCRA are exempted under Executive Order 12866.

C. Paperwork Reduction Act

    This proposed 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.).

E. Unfunded Mandates Reform Act

    This proposed 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.

F. Executive Order 13132: Federalism

    This proposed 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.

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

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

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

    This proposed 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. This proposed action's health and
risk assessments using the Agency's Delisting Risk Assessment Software
(DRAS), which considers health and safety risks to children, are
described in section III.E above. The technical support document and
the user's guide for DRAS are included in the docket.

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

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

J. National Technology Transfer and Advancement Act

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

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

    The EPA believes that this proposed action does not have
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations, and/or
indigenous peoples. The EPA has determined that this proposed action
will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment. The Agency's risk assessment, as described in section
III.E above, did not identify risks from management of this material in
an authorized, solid waste landfill (e.g., RCRA Subtitle D landfill,
commercial/industrial solid waste landfill, etc.) or the on-site
surface impoundment. Therefore, the EPA believes that any populations
in proximity of the landfills used by this facility or the Corpus
Christi facility should not be adversely affected by common waste
management practices for this delisted waste.

L. Congressional Review Act

    This proposed 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: January 13, 2021.
Ronald D. Crossland,
Director, Land, Chemicals and Redevelopment Division, Region 6.

    For the reasons set out in the preamble, the EPA proposes to amend
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 Appendix IX to Part 261 by revising the entry for ``American
Chrome and Chemical--Corpus Christi,

TX'' to Table 2--Wastes Excluded From Specific Sources to read as
follows:

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

* * * * *

                                 Table 2--Wastes Excluded From Specific Sources
----------------------------------------------------------------------------------------------------------------
               Facility                        Address                          Waste description
----------------------------------------------------------------------------------------------------------------
American Chrome and Chemical (ACC)...  Corpus Christi, Texas..  Slurry (the EPA Hazardous Waste No. K006)
                                                                 generated at a maximum generation of 1,450
                                                                 cubic yards on a dry weight basis per calendar
                                                                 year after (effective date of final rule) and
                                                                 disposed in an on-site surface impoundment. ACC
                                                                 must implement a verification program that
                                                                 meets the following Paragraphs:
                                                                (1) Delisting Levels: All leachable constituent
                                                                 concentrations must not exceed the following
                                                                 levels. The petitioner must use the method
                                                                 specified in 40 CFR 261.24 to measure
                                                                 constituents in the waste leachate (mg/L).
                                                                 Slurry leachate: Arsenic-0.0377; Barium-100.0;
                                                                 Chromium-5.0; Thallium-0.355; Zinc-1130.0.
                                                                Chromium may not exceed 400,000 mg/kg.
                                                                (2) Waste Holding and Handling:
                                                                   (A) If the delisted material causes
                                                                    violations of the Discharge permit, ACC must
                                                                    discontinue disposing of the chromic oxide
                                                                    solids in the impoundment and dispose of it
                                                                    in accordance with the delisting exclusion
                                                                    issued September 21, 2004, until they have
                                                                    completed verification testing described in
                                                                    Paragraph (3), as appropriate, and valid
                                                                    analyses show that paragraph (1) is
                                                                    satisfied.
                                                                   (B) Levels of constituents measured in the
                                                                    samples of the slurry that do not exceed the
                                                                    levels set forth in Paragraph (1) are non-
                                                                    hazardous. ACC can manage and dispose the
                                                                    non-hazardous slurry according to all
                                                                    applicable solid waste regulations.
                                                                   (C) If constituent levels in a sample exceed
                                                                    any of the delisting levels set in Paragraph
                                                                    (1), ACC must retreat the batches of waste
                                                                    used to generate the representative sample
                                                                    until it meets the levels. ACC must repeat
                                                                    the analyses of the treated waste.
                                                                   (D) If the facility does not treat the waste
                                                                    or retreat it until it meets the delisting
                                                                    levels in Paragraph (1), ACC must manage and
                                                                    dispose the waste generated under Subtitle C
                                                                    of RCRA.
                                                                   (E) ACC must maintain a record of the actual
                                                                    volume of the slurry to be disposed in the
                                                                    on-site impoundment according to the
                                                                    requirements in Paragraph (5).
                                                                (3) Verification Testing Requirements: ACC must
                                                                 perform sample collection and analyses,
                                                                 including quality control procedures, according
                                                                 to appropriate methods such as those found in
                                                                 SW-846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution).
                                                                   (A) During the first thirty days of sending
                                                                    the slurry to the surface impoundment, ACC
                                                                    will collect slurry samples from the
                                                                    influent to the surface impoundment to
                                                                    determine compliance with the delisting
                                                                    levels in Paragraph (1).
                                                                   (B) Thirty days after disposal in the on-site
                                                                    surface impoundment begins, ACC will take
                                                                    samples of the wastewater from Outfall 101
                                                                    as prescribed by the discharge permit issued
                                                                    by the Texas Commission on Environmental
                                                                    Quality (TCEQ) through a Texas Pollution
                                                                    Discharge Elimination System (TPDES) Permit
                                                                    No. 003490 (EPA NPDES Permit No. TX0004685).
                                                                    Wastewater samples will be analyzed for the
                                                                    constituents in the TPDES Permit 003490 and
                                                                    in Paragraph (1). Discharge from Outfall 101
                                                                    is intermittent. At a minimum, an annual
                                                                    sampling event for the constituents listed
                                                                    in Paragraph (1), will be conducted at
                                                                    Outfall 101.
                                                                   (C) ACC may decrease its sampling frequency
                                                                    for this exclusion to quarterly sampling
                                                                    reporting on the delisting exclusion after
                                                                    compliance with the delisting levels in
                                                                    Paragraph (1) is demonstrated with
                                                                    analytical testing for thirty days. This
                                                                    does not supercede the discharge permit
                                                                    requirements, it gives only requirements for
                                                                    the submission of delisted waste related
                                                                    data.
                                                                   (D) If two consecutive quarterly delisting
                                                                    reports show no exceedances of the delisting
                                                                    levels in Paragraph (1), ACC may request to
                                                                    move to annual sampling for the purposes of
                                                                    the delisting. The annual sampling report
                                                                    shall include the volume of chromic oxide
                                                                    solids disposed of in the surface
                                                                    impoundment as well as an annual testing
                                                                    data for Outfall 101.
                                                                   (E) ACC should monitor and report increasing
                                                                    trends of constituents which will affect the
                                                                    overall compliance with the discharge
                                                                    permit. ACC shall analyze the verification
                                                                    samples according to the constituent list
                                                                    specified in Paragraph (1) and submit the
                                                                    analytical results to EPA within 10 days of
                                                                    receiving the analytical results. If the EPA
                                                                    determines that the data collected under
                                                                    this Paragraph do not support the data
                                                                    provided for the petition, the exclusion
                                                                    will not cover the generated wastes. The EPA
                                                                    will notify ACC the decision in writing
                                                                    within two weeks of receiving this
                                                                    information.
                                                                (4) Changes in Operating Conditions: If ACC
                                                                 significantly changes the process described in
                                                                 its petition or starts any processes that may
                                                                 or could affect the composition or type of
                                                                 waste generated as established under Paragraph
                                                                 (1) (by illustration, but not limitation,
                                                                 changes in equipment or operating conditions of
                                                                 the treatment process), they must notify the
                                                                 EPA in writing; they may no longer handle the
                                                                 wastes generated from the new process as
                                                                 nonhazardous until the test results of the
                                                                 wastes meet the delisting levels set in
                                                                 Paragraph (1) and they have received written
                                                                 approval to do so from the EPA.

                                                                (5) Data Submittals: ACC must submit the
                                                                 information described below. If ACC fails to
                                                                 submit the required data within the specified
                                                                 time or maintain the required records on-site
                                                                 for the specified time, the EPA, at its
                                                                 discretion, will consider this sufficient basis
                                                                 to reopen the exclusion as described in
                                                                 Paragraph 6. ACC must:
                                                                   A. Submit the data obtained through Paragraph
                                                                    3 to the Chief, RCRA Permits & Solid Waste
                                                                    Section, Mail Code, (6LCR-RP) US EPA Region
                                                                    6,1201 Elm Street, Suite 500, Dallas, TX
                                                                    75270 within the time specified. Data may be
                                                                    submitted via email to the technical contact
                                                                    for the delisting program.
                                                                   B. Compile records of operating conditions
                                                                    and analytical data from Paragraph (3),
                                                                    summarized, and maintained on-site for a
                                                                    minimum of five years.
                                                                   C. Furnish these records and data when the
                                                                    EPA or the State of Texas request them for
                                                                    inspection.
                                                                   D. Send along with all data a signed copy of
                                                                    the following certification statement, to
                                                                    attest to the truth and accuracy of the data
                                                                    submitted: ``Under civil and criminal
                                                                    penalty of law for the making or submission
                                                                    of false or fraudulent statements or
                                                                    representations (pursuant to the applicable
                                                                    provisions of the Federal Code, which
                                                                    include, but may not be limited to, 18
                                                                    U.S.C. 1001 and 42 U.S.C. 6928), I certify
                                                                    that the information contained in or
                                                                    accompanying this document is true, accurate
                                                                    and complete. As to the (those) identified
                                                                    section(s) of this document for which I
                                                                    cannot personally verify its (their) truth
                                                                    and accuracy, I certify as the company
                                                                    official having supervisory responsibility
                                                                    for the persons who, acting under my direct
                                                                    instructions, made the verification that
                                                                    this information is true, accurate and
                                                                    complete. If any of this information is
                                                                    determined by the EPA in its sole discretion
                                                                    to be false, inaccurate or incomplete, and
                                                                    upon conveyance of this fact to the company,
                                                                    I recognize and agree that this exclusion of
                                                                    waste will be void as if it never had effect
                                                                    or to the extent directed by the EPA and
                                                                    that the company will be liable for any
                                                                    actions taken in contravention of the
                                                                    company's RCRA and CERCLA obligations
                                                                    premised upon the company's reliance on the
                                                                    void exclusion.''
                                                                (6) Reopener:
                                                                   (A) If, anytime after disposal of the
                                                                    delisted waste, ACC possesses or is
                                                                    otherwise made aware of any environmental
                                                                    data (including but not limited to leachate
                                                                    data or ground water monitoring data) or any
                                                                    other data relevant to the delisted waste
                                                                    indicating that any constituent identified
                                                                    for the delisting verification testing is at
                                                                    level higher than the delisting level
                                                                    allowed by the Division Director in granting
                                                                    the petition, then the facility must report
                                                                    the data, in writing, to the Division
                                                                    Director within 10 days of first possessing
                                                                    or being made aware of that data.
                                                                   (B) If the verification testing of the waste
                                                                    does not meet the delisting requirements in
                                                                    Paragraph 1, ACC must report the data, in
                                                                    writing, to the Division Director within 10
                                                                    days of first possessing or being made aware
                                                                    of that data.
                                                                   (C) If ACC fails to submit the information
                                                                    described in paragraphs (5), (6)(A) or
                                                                    (6)(B) or if any other information is
                                                                    received from any source, the Division
                                                                    Director 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.
                                                                   (D) If the Division Director determines that
                                                                    the reported information does require Agency
                                                                    action, the Division Director will notify
                                                                    the facility in writing of the actions the
                                                                    Division Director believes are necessary to
                                                                    protect human health and the environment.
                                                                    The notice shall include a statement of the
                                                                    proposed action and a statement providing
                                                                    the facility with an opportunity to present
                                                                    information as to why the proposed Agency
                                                                    action is not necessary. The facility shall
                                                                    have 10 days from the date of the Division
                                                                    Director's notice to present such
                                                                    information.
                                                                   (E) Following the receipt of information from
                                                                    the facility described in paragraph (6)(D)
                                                                    or (if no information is presented under
                                                                    paragraph (6)(D)) the initial receipt of
                                                                    information described in paragraphs (5),
                                                                    (6)(A) or (6)(B), the Division Director 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 Division Director's determination
                                                                    shall become effective immediately, unless
                                                                    the Division Director provides otherwise.
                                                                (7) Notification Requirements: ACC must do the
                                                                 following before transporting the delisted
                                                                 waste: Failure to provide this notification
                                                                 will result in a violation of the delisting
                                                                 petition and a possible revocation of the
                                                                 decision.
                                                                   (A) Provide a one-time written notification
                                                                    to any State Regulatory Agency to which or
                                                                    through which they will transport the
                                                                    delisted waste described above for disposal,
                                                                    60 days before beginning such activities. If
                                                                    ACC transports the excluded waste to or
                                                                    manages the waste in any state with
                                                                    delisting authorization, ACC must obtain
                                                                    delisting authorization from that state
                                                                    before it can manage the waste as
                                                                    nonhazardous in the state.
                                                                   (B) Update the one-time written notification
                                                                    if they ship the delisted waste to a
                                                                    different disposal facility.

                                                                   (C) Failure to provide the notification will
                                                                    result in a violation of the delisting
                                                                    variance and a possible revocation of the
                                                                    exclusion.

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

* * * * *
[FR Doc. 2021-02939 Filed 2-22-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55561-55563]
[FR Doc No: 2011-22919]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0629]
RIN 1625-AA08

Special Local Regulations for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District,
Wrightsville Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will temporarily change the enforcement period
of one special local regulation for a recurring marine event in the
Fifth Coast Guard District, specifically the ``Wilmington YMCA
Triathlon'' conducted on the waters of Wrightsville Channel near
Wrightsville Beach, North Carolina. This Special Local Regulation is
necessary to provide for the safety of life on navigable waters during
the event, which has been rescheduled from the last Saturday in
September to the second-to-last Saturday in September. This action is
intended to restrict vessel traffic on Wrightsville Channel during the
swimming portion of this event.

DATES: This rule is effective on September 17, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0629 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0629 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail BOSN3 Joseph M. Edge, Coast Guard Sector North
Carolina, Coast Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have questions on viewing or submitting material to
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

Regulatory Information

    On July 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Temporary
Change of Dates for Recurring Marine Events in the Fifth Coast Guard
District, Wrightsville Channel; Wrightsville Beach, NC in the Federal
Register (76 FR 44877). We received no comments on the proposed rule.
No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard was informed about
the changed date too late for the full delayed-effective date period to
run. In addition, the public interest favors allowing the event to run
at its scheduled time. The burden on the boating public will be low,
consisting of a short restriction on vessel traffic in a limited area,
with passage allowed when safe to do so. The benefit of allowing the
event to continue as scheduled will be enjoyed by a large number of
participants and spectators.

Background and Purpose

    The YMCA sponsors the annual, ``Wilmington YMCA Triathlon'', at
Wrightsville Beach, North Carolina. The Triathlon consists of three
events: A running portion, a bike-riding portion, and a swimming
portion. The swimming portion of the Triathlon takes place in the
waters adjacent to Wrightsville Beach. A special local regulation is
effective annually to create a safety zone for the swimming portion of
the Triathlon.
    The listing of annual recurring marine events within the Fifth
Coast Guard District, that specifies regulated area and enforcement
date(s) are published in 33 CFR Sec.  100.501. The Table to Sec.
100.501 identifies marine events by Captain of the Port zone. This rule
changes the date for the marine event listed on line No. 57 in the
Table.
    The regulation as specified on line No. 57 in the Table; indicates
the Triathlon event should take place on September 24, 2011, although
this year the event date will take place one week earlier, on September
17, 2011.
    The swim portion of the Triathlon, scheduled to take place on
Saturday September 17, 2011, will consist of two groups of 750 swimmers
entering Banks Channel at the Blockade Runner Hotel and swimming
northwest along Motts Channel to Seapath Marine. A fleet of spectator
vessels are expected to gather near the event site to view the
competition.
    To provide for the safety of the participants, spectators and other
transiting vessels, the Coast Guard will temporarily restrict vessel
traffic in the event area during the swimming portion of the triathlon.
The regulation at 33 CFR 100.501 will be enforced from 7 a.m. to 9 a.m.
on September 17, 2011; vessels will not be able enter the regulated
area unless they receive permission from the Coast Guard Patrol
Commander.

Discussion of Comments and Changes

    There were no comments and no changes made.

Discussion of Rule

    The Coast Guard is temporarily suspending the regulation listed at
line No. 57 in Table to Sec.  100.501 and will insert a new temporary
regulation in the Table to Sec.  100.501 on line No. 63, in order to
reflect the change in the event date for this year. This change is
needed to accommodate the change in date of the annual Triathlon. No
other portion of the Table to Sec.  100.501 or other provisions in
Sec.  100.501 shall be affected by this regulation.
    This safety zone will restrict vessel movement on the specified
waters of Wrightsville Channel, Wrightsville Beach, NC. The regulated
area will be established in the interest of participant safety during
the swim portion of the ``Wilmington YMCA Triathlon'' and will be
enforced from 7 a.m. to 9 a.m. on September 17, 2011. The Coast Guard,
at its discretion, when practical will allow the passage of vessels.
During the Marine Event no vessel will be allowed to transit the
regulated area unless the vessel receives permission from the Patrol
Commander.
    Any vessel transiting the regulated area must do so at a no-wake
speed during the enforcement period. Nothing in this rule negates the
requirement to operate at a safe speed as provided in the Navigational
Rules and Regulations.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this regulation
prevents traffic from transiting waters of Wrightsville Channel during
the event, the effect of this regulation will not be significant due to
the limited duration that the regulated area will be in effect.
Extensive advance notification will be made to the maritime community
via marine information broadcast and local area newspapers and radio
stations so mariners can adjust their plans accordingly. Additionally,
this rulemaking does not change the permanent regulated areas that have
been published in 33 CFR 100.501, Table to Sec.  100.501. Vessel
traffic will be able to transit the regulated area before and after the
triathlon races, when the Coast Guard Patrol Commander deems it is safe
to do so. Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. Small entities may include owners or operators of vessels
intending to transit Wrightsville Channel from 7 a.m. to 9 a.m. on
September 17, 2011.
    This rule will not have a significant economic impact on
substantial number of small entities for the following reasons. The
regulation will be enforced for only two hours. Although the regulated
area will apply to Motts, Banks and Wrightsville Channels, traffic may
be allowed to pass within the regulated area with the permission of the
Coast Guard Patrol Commander. In the case where the Patrol Commander
authorizes passage through the regulated area, vessels shall proceed at
the minimum speed necessary to maintain a safe course that minimizes
wake near the swim course. The Patrol Commander will allow non-
participating vessels to transit the event area once all swimmers are
safely clear of navigation channels and vessel traffic areas. Before
the enforcement period, we will issue maritime advisories so mariners
can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES. This rule involves implementation of
regulations within 33 CFR Part 100 that apply to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interest of
waterway users and shore side activities in the event area. This
special local regulation is necessary to provide for the safety of the
general public and event participants from potential hazards associated
with movement of vessels near the event area.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C 1233.

0
2. In Sec.  100.501, suspend line No. 57 in the Table to Sec.  100.501.

0
3. In Sec.  100.501, add line No. 63 in Table to Sec.  100.501; to read
as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District

* * * * *

                                  Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
      Number              Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
59...............  September 17, 2011  Wilmington YMCA     Wilmington YMCA...  The waters of, and adjacent to,
                                        Triathlon.                              Wrightsville Channel from
                                                                                Wrightsville Channel Day beacon
                                                                                14 (LLNR 28040), located at
                                                                                34[deg]12'18'' N, longitude
                                                                                077[deg]48'10'' W, to
                                                                                Wrightsville Channel Day beacon
                                                                                25 (LLNR 28080), located at
                                                                                34[deg]12'51'' N, longitude
                                                                                77[deg]48'53' W.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: August 29, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-22919 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P