[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Proposed Rules]
[Pages 41720-41728]
[FR Doc No: 2012-17272]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R01-RCRA-2012-0447; FRL-9699-4]

Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Proposed Exclusion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and request for comment.

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

SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is
proposing to grant a petition submitted by International Business
Machines Corporation (IBM), in Essex Junction, Vermont to exclude (or
``delist'') up to 3,150 cubic yards per calendar year of F006
wastewater treatment sludge generated by IBM's Industrial Waste
Treatment System from the list of hazardous wastes.
    The Agency has tentatively decided to grant the petition based on
an evaluation of waste-specific information provided by IBM. This
proposed decision, if finalized, would conditionally exclude the
petitioned waste from the requirements of hazardous waste regulations
under the Resource Conservation and Recovery Act (RCRA).
    This exclusion would be valid only when the wastewater treatment
sludge is disposed of in a Subtitle D landfill which is permitted,
licensed, or otherwise authorized by a State to manage industrial solid
waste.
    If finalized, EPA would conclude that IBM's petitioned waste is
nonhazardous with respect to the original listing criteria and that
there are no other factors which would cause the waste to be hazardous.

DATES: Comments must be received on or before August 15, 2012. EPA will
stamp comments received after the close of the comment period as late.
These late comments may not be considered in formulating a final
decision. Any person may request a hearing on the proposed decision by
filing a request to EPA by July 31, 2012. The request must contain the
information prescribed in 40 CFR 260.20(d).

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2012-0447 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>, to the attention of Sharon Leitch.
    4. Mail: Sharon Leitch, RCRA Waste Management and UST Section,
Office of Site Remediation and Restoration (OSRR07-1), US EPA Region 1,
5 Post Office Square, Suite 100, Boston, MA 02109-3912.
    5. Hand Delivery: Sharon Leitch, RCRA Waste Management and UST
Section, Office of Site Remediation and Restoration (OSRR07-1), U.S.
EPA Region 1, 5 Post Office Square, 7th floor, Boston, MA 02109-3912.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. Please contact Sharon Leitch at<PHONE_NUMBER>.
    Instructions: Direct your comments to Docket ID No. EPA-R01-RCRA-
2012-0447. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.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 and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the EPA
Region 1 Library, 5 Post Office Square, 1st floor, Boston, MA 02109-
3912; by appointment only; tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management
and UST Section, Office of Site Remediation and Restoration, (Mail
Code: OSRR07-1), EPA Region 1, 5 Post Office Square, Suite 100, Boston,
MA 02109-3912; telephone number:<PHONE_NUMBER>; fax number (617) 918-
0647; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:

I. Overview Information
II. Background
    A. What is a listed waste?
    B. What is a delisting petition?
    C. What factors must EPA consider in deciding whether to grant a
delisting petition?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did IBM petition EPA to delist?
    B. How does IBM generate the waste?
    C. How did IBM sample and analyze the petitioned waste?
    D. What were the results of IBM's analysis of the waste?
    E. How did EPA evaluate the risk of delisting this waste?
    F. What did EPA conclude about IBM's waste?
IV. Conditions for Exclusion
    A. When would EPA finalize the proposed delisting exclusion?
    B. How will IBM manage the waste if it is delisted?
    C. With what conditions must the petitioner comply?
    D. What happens if IBM violates the terms and conditions of the
exclusion?
V. How would this action affect the states?
VI. Statutory and Executive Order Reviews

I. Overview Information

    The EPA is proposing to grant a petition submitted by International
Business Machines Corporation (IBM) located in Essex Junction, Vermont
to exclude or delist an annual volume of 3,150 cubic yards of F006
wastewater treatment sludge from the lists of hazardous waste set forth
in Title 40 of the Code of Federal Regulations (40 CFR) 261.31. IBM
claims that the petitioned waste does not meet the criteria for which
EPA listed it, and that there are no additional constituents or factors
which could cause the waste to be hazardous.
    Based on the EPA's evaluation described in section III, in which we
reviewed the description of the process which generates the waste and
the analytical data submitted by IBM, we agree with the petitioner that
the waste is nonhazardous. We believe that the petitioned waste does
not meet the criteria for which the waste was listed, and that there
are no other factors which might cause the waste to be hazardous.

II. Background

A. What is a listed waste?

    The EPA published an amended list of hazardous wastes from
nonspecific and specific sources on January 16, 1981, as part of its
final and interim final regulations implementing Sec.  3001 of Resource
Conservation and Recovery Act (RCRA). The EPA has amended this list
several times and publishes it in 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 part 261 (that is, ignitability,
corrosivity, reactivity, and toxicity) or (2) they meet the criteria
for listing contained in Sec.  261.11(a)(2) or (3).

B. What is a delisting petition?

    Individual waste streams may vary depending on raw materials,
industrial processes, and other factors. Thus, while a waste described
in the regulations generally is hazardous, a specific waste from an
individual facility meeting the listing description may not be.
    The procedure to exclude or delist a waste in 40 CFR 260.20 and
260.22 allows a person, or a facility, to submit a petition to the EPA
or to an authorized state demonstrating that a specific waste from a
particular generating facility is not hazardous.
    In a delisting petition, the petitioner must show that a waste does
not meet any of the criteria for listed wastes in 40 CFR 261.11 and
that the waste does not exhibit any of the hazardous waste
characteristics of ignitability, reactivity, corrosivity, or toxicity.
The petitioner must present sufficient information for the Agency to
decide whether any factors in addition to those for which the waste was
listed warrant retaining it as a hazardous waste. (See Sec.  260.22, 42
United States Code--U.S.C.--6921(f) and the background documents for
the listed wastes.)

    If a delisting petition is granted, the generator remains obligated
under RCRA to confirm that the waste remains nonhazardous.

C. What factors must 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 Sec.  222 of HSWA, 42 U.S.C.
6921(f), and 40 CFR 260.22(d)(2)-(4). We evaluated the petitioned waste
against the listing criteria and factors cited in Sec.  261.11(a)(2)
and (3).
    Besides considering 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 must consider 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 tentative decision to delist waste from IBM's facility is based
on our evaluation of the waste 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.
    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.

III. EPA's Evaluation of the Waste Information and Data

A. What waste did IBM petition EPA to delist?

    On July 11, 2008, IBM petitioned EPA to exclude from the list of
hazardous wastes contained in 40 CFR 261.31, F006 Industrial Waste
Treatment Plant (IWTP) sludge generated from its facility located in
Essex Junction, Vermont. F006 is defined in Sec.  261.31 as
``Wastewater treatment sludges from electroplating operations * * *''
IBM claims that the petitioned waste does not meet the criteria for
which F006 was listed (i.e., cadmium, hexavalent chromium, nickel and
complexed cyanide) and that there are no other factors which would
cause the waste to be hazardous. Specifically, the petition request is
for a standard exclusion for 3,150 cubic yards per calendar year of
WWTP sludge.

B. How does IBM generate the waste?

    The sludge IBM generates is from the combination of three separate
wastewater treatment processes at the facility. Those processes
include: the industrial waste treatment plant (IWTP) process; the
biological wastewater treatment plant (BWTP) process; and the chemical
mechanical polishing (CMP) microfiltration process. The sludge is
primarily sludge from the IWTP, this waste stream receives discharges
from chemical wafer and mask manufacturing cleaning, etching, and
stripping, photolithography waste, chemical etching and mechanical
polishing, air abatement scrubbers, effluent from the CMP and BWTP
treatment systems, wafer rinse, and facility maintenance operations.
The industrial wastewaters also include rinse waters from copper
electroplating manufacturing operations and wastewaters from acid
etching of a thin platinum film and the subsequent rinse step (the
copper and platinum wastewaters total less the 0.1 percent of the
overall wastewater treated). The biological waste streams include
sanitary wastewaters, dilute organic waste (DOW) and concentrated waste
(CW). The DOW waste stream receives discharges from chemical wafer
cleaning and stripping, Deep Ultra-Violet photolithography waste, air
abatement adsorber decant waters, and facility chilled water and boiler
maintenance operations. The CW stream consists of waste from
semiconductor and mask manufacturing photolithography develop steps,
chemical wafer cleaning, etching, and stripping operations, and parts
decontamination. The CMP microfiltration waste stream consists of
wastewater from chemical/mechanical polishing tools used in
semiconductor manufacturing. The CMP wastewaters also include copper
sulfate plating bath solutions (totaling less than 0.1 percent of the
wastewater treated through the CMP system). The sludges from these
three processes are combined, thickened/conditioned, and pressed to
generate the F006 waste stream.

C. How did IBM sample and analyze the petitioned waste?

    To support its petition, IBM submitted: (1) Facility information on
production processes and waste generation processes; (2) Historical
sampling data of the IWTP sludge; (3) Analytical results from four
samples for total concentrations for volatiles (SW-846 Method 8260B),
semi volatiles (SW-846 Method 8270C) and metals (SW-846 Method 6010B
except for mercury--SW-846 Method 7471A and selenium--SW-846 Method
7010), for compounds of concern (COCs); and (4) Analytical results from
four samples for Toxicity Characteristic Leaching Procedure (TCLP)
extract values for volatiles (SW-846 Method 8260B), semi volatiles (SW-
846 Method 8270C) and metals (SW-846 Method 6010B except for mercury--
SW-846 Method 7470 and selenium--SM 3113B) for COCs.
    IBM generated the sampling data used in the Delisting Risk
Assessment Software (DRAS) under a Quality Assurance Project Plan
(QAPP) that was approved by EPA, Region 1 on January 27, 2011.
Therefore, EPA believes that the sampling procedures used by IBM
satisfy EPA's criteria for collecting representative samples of the
F006 waste.

D. What were the results of IBM's analysis of the waste?

    EPA believes that IBM's analytical characterization provides a
reasonable basis to grant IBM's petition for an exclusion of the
wastewater treatment sludge. Furthermore, EPA believes the data
submitted in support of the petition show that the sludge is non-
hazardous. Analytical data for the wastewater treatment sludge samples
were used in the DRAS to develop delisting levels.
    The data summaries for the total detected constituents are as
follows: (mg/kg) Arsenic--7.5; Barium--39; Chromium--290; Lead--5.6;
Mercury--0.067; and Nickel--49. The data summary for the TCLP detected
constituents are as follows: (mg/l) Nickel--0.11 (all other
constituents were non-detect). Note that the above levels represent the
highest constituent concentration found in any one sample. All
analytical data for the volatiles and semi-volatiles samples were non-
detect.

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

    For this delisting determination, we assumed that the waste would
be disposed in a Subtitle D landfill and we considered transport of
waste constituents through groundwater, surface water and air. We
evaluated

IBM's petitioned waste using the Agency's Delisting Risk Assessment
Software (DRAS) described in 65 FR 58015 (September 27, 2000), 65 FR
75637 (December 4, 2000), and 73 FR 28768 (May 19, 2008) to predict the
maximum allowable concentrations of hazardous constituents that may be
released from the petitioned waste after disposal and determined the
potential impact of the disposal of IBM's petitioned waste on human
health and the environment. 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
EPA's Composite Model for Leachate Migration and Transformation
Products (EPACMTP). From a release to groundwater, the DRAS considers
routes of exposure to a human receptor of 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 stormwater 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 included in the docket.
    At a target cancer risk of 1 x 10-5 and a target hazard
quotient of 1.0, the DRAS program determined maximum allowable
concentrations for each constituent in both the waste and the leachate
at an annual waste volume of 3,150 cubic yards.
    We used the maximum estimated annual waste volume and the maximum
reported total and TCLP leachate concentrations as inputs to estimate
the constituent concentrations in the groundwater, soil, surface water
or air. If, using an appropriate analytical method, a constituent was
not detected in any sample, it was considered not to be present in the
waste.

F. What did EPA conclude about IBM's waste?

    The maximum reported concentrations of the hazardous constituents
found in this waste are presented above in section D. The maximum
allowable constituent concentrations as determined by the DRAS are as
follows: (mg/l) Nickel--32.4. The maximum allowable constituent
concentrations for the remaining constituents are based on the toxicity
characteristic in 40 CFR 261 Subpart C: (mg/l) Arsenic--5.0; Barium--
100.0; Cadmium--1.0; Chromium--5.0; Lead--5.0; and, Mercury--0.2. The
concentrations of all constituents in both the waste and the leachate
are below the allowable concentrations. We, therefore, conclude that
IBM's wastewater treatment sludge is not a substantial or potential
hazard to human health and the environment when disposed of in a
Subtitle D landfill.
    We, therefore, propose to grant an exclusion for this waste. If
this exclusion is finalized, IBM must dispose of this waste in a
Subtitle D landfill permitted, licensed or otherwise authorized by a
state, and will remain obligated to verify that the waste meets the
allowable concentrations set forth here. IBM must also continue to
determine whether the waste is identified in subpart C of 40 CFR
pursuant to Sec.  261.11(c).

IV. Conditions for Exclusion

A. When would EPA finalize the proposed delisting exclusion?

    HSWA specifically requires the 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.
    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 Sec.  3010
of RCRA as amended by HSWA.

B. How will IBM manage the waste if it is delisted?

    If the petitioned waste is delisted, IBM must dispose of it in a
Subtitle D landfill which is permitted, licensed, or otherwise
authorized by a state to manage industrial waste.

C. With what conditions must the petitioner comply?

    The petitioner, IBM, must comply with the conditions which will be
in 40 CFR part 261, Appendix IX, Table 1. The text below gives the
rationale and details of those requirements.
    (1) Delisting Levels:
    This paragraph provides the levels of constituents for which IBM
must test the WWTP sludge, below which these wastes would be considered
non-hazardous. EPA selected the set of constituents specified in
paragraph (1) of 40 CFR part 261, Appendix IX, Table 1, (the exclusion
language) based on information in the petition. EPA compiled the
constituents list from the composition of the waste, descriptions of
IBM's treatment process, previous test data provided for the waste, and
the respective health-based levels used in delisting decision-making.
These delisting levels correspond to the allowable levels measured in
the TCLP concentrations.
    (2) Waste Holding and Handling:
    The purpose of this paragraph is to ensure that IBM manages and
disposes of any WWTP sludge that contains hazardous levels of inorganic
and organic constituents according to Subtitle C of RCRA. Managing the
WWTP sludge as a hazardous waste until initial verification testing is
performed will protect against improper handling of hazardous material.
Unless and until EPA concurs that the initial verification data
collected under paragraph (3) supports the data provided in the
petition, the exclusion will not cover the petitioned waste. The
exclusion is effective upon publication in the Federal Register but the
disposal as non-hazardous waste cannot begin until two quarters of
verification sampling is completed and an approval is obtained from
EPA.
    (3) Verification Testing Requirements:
    IBM must implement a verification testing program on the WWTP
sludge to assure that the sludge does not exceed the maximum levels
specified in paragraph (1) of the exclusion language. The first part of
the verification testing program is the quarterly testing of
representative samples of the WWTP sludge during the first year of
waste generation (two quarters prior to obtaining written EPA approval
and two additional quarters). The proposed testing would verify that
IBM operates a treatment facility where the constituent concentrations
of the WWTP sludge do not exhibit unacceptable temporal and spatial
levels of toxic constituents. IBM would begin quarterly sampling 30
days after the final exclusion as described in paragraph (3)(A) of the
exclusion language. Consequently this program will ensure that the
sludge is evaluated in terms of variation in constituent concentrations
in the waste over time. Following two consecutive quarters of sampling
where the levels of constituents do not exceed the levels in paragraph
(1), IBM can then manage and dispose of the sludge as non-hazardous in
accordance with all

applicable solid waste regulations following EPA approval. If EPA
determines that the data collected under this paragraph does not
support the data provided in the petition, the exclusion will not cover
the generated wastes. IBM must then prove through a new demonstration
that its waste meets the conditions of the exclusion.
    The second part of the verification testing program is the annual
testing of representative samples of the WWTP sludge, per paragraph
(3)(B) of the exclusion language. To confirm that the characteristics
of the waste do not change significantly over time, IBM must continue
to analyze a representative sample of the waste on an annual basis.
Annual testing requires analyzing the full list of constituents in
paragraph (1) of the exclusion language. If operating conditions change
as described in paragraph (4) of the exclusion language, IBM must
reinstate all testing in paragraph (1) of the exclusion language. IBM
must then prove through a new demonstration that its waste meets the
conditions of the exclusion. If the annual testing of the waste does
not meet the delisting requirements in paragraph (1), IBM must notify
EPA according to the requirements in paragraph (6) of the exclusion
language. The facility must provide sampling results that support the
rationale that the delisting exclusion should not be withdrawn.
    (4) Changes in Operating Conditions:
    Paragraph (4) of the exclusion language would allow IBM the
flexibility of modifying its processes (for example, changes in
equipment or operating conditions). However, if significant changes to
the manufacturing or treatment process described in the petition, or
the chemicals used in the manufacturing or treatment process are made,
then IBM must prove that the modified process(es)/chemicals will not
affect the composition or type of waste generated and must request
approval from EPA. EPA will determine if these changes will result in
additional COCs. IBM must manage wastes generated during the new
process demonstration as hazardous waste until it has obtained written
approval from EPA and paragraph (3) of the exclusion language is
satisfied.
    (5) Data Submittals and Recordkeeping:
    To provide appropriate documentation that IBM's WWTP sludge is
meeting the delisting levels, IBM must submit reports to EPA as
specified in the conditions, and must compile, summarize, and keep
delisting records on-site for a minimum of five years. It must keep all
analytical data obtained through paragraph (3) of the exclusion
language including quality control information for five years.
Paragraph (5) of the exclusion language requires that IBM furnish the
data upon request for inspection by any employee or representative of
EPA or the State of Vermont.
    If the proposed exclusion is made final, it will apply only to
3,150 cubic yards per calendar year of wastewater treatment sludge
generated at IBM after successful verification testing.
    EPA would require IBM to file a new delisting petition under the
following circumstances:
    (a) If it generates waste volumes greater than 3,150 cubic yards
per calendar year of WWTP sludge. IBM must manage these greater volumes
as hazardous unless and until EPA grants a new exclusion.
    EPA may review and approve changes in writing or alternatively may
require IBM to file a new delisting petition under any of the following
circumstances:
    (b) If it significantly alters the wastewater treatment process;
    (c) If it significantly changes from the current manufacturing
process(es) described in the International Business Machines petition;
or
    (d) If it makes any changes that could affect the composition or
type of waste generated such that the changes would cause any of the
constituents in paragraph (1) of the exclusion language to potentially
be above the delisting levels or would introduce any new constituents
into the waste.
    (6) Reopener:
    The purpose of paragraph (6) of the exclusion language is to
require IBM to disclose new or different information related to a
condition at the facility or disposal of the waste, if it is pertinent
to the delisting. This provision will allow EPA to reevaluate the
exclusion, if a source provides new or additional information to EPA.
EPA will evaluate the information on which EPA based the decision to
see if it is still correct, or if circumstances have changed so that
the information is no longer correct or would cause EPA to deny the
petition, if presented.
    This provision expressly requires IBM to report differing site
conditions or assumptions used in the petition in addition to failure
to meet the annual testing conditions within 10 days of discovery. If
EPA discovers such information itself or from a third party, it can act
on it as appropriate. The language being proposed is similar to those
provisions found in RCRA regulations governing no-migration petitions
at Sec.  268.6.
    EPA believes it has the authority under RCRA and the Administrative
Procedures Act (APA), 5 U.S.C. 551 (1978) et seq., to reopen a
delisting decision when it receives new information that calls into
question the assumptions underlying the delisting. EPA believes a clear
statement of its authority in delistings is merited in light of EPA's
experience. See Reynolds Metals Company at 62 FR 37694 and 62 FR 63458
where the delisted waste leached at greater concentrations in the
environment than the concentrations predicted when conducting the TCLP,
thus leading EPA to repeal the delisting. If an immediate threat to
human health and the environment presents itself, EPA will continue to
address these situations on a case-by-case basis. Where necessary, EPA
will make a good cause finding to justify emergency rulemaking. See APA
section 553(b).
    (7) Notification Requirements:
    In order to adequately track wastes that have been delisted, EPA is
requiring that IBM provide a one-time written notification to any state
regulatory agency through which or to which the delisted waste is being
transported. IBM must provide this notification 60 days before
commencing this activity. In addition to providing this notification,
IBM is advised to verify with each state the status of EPA's delisting
decision under state law (see the discussion in Section V. for
specifics).

D. What happens if IBM violates the terms and conditions of the
exclusion?

    If IBM violates the terms and conditions established in the
exclusion, the wastes in question would not be exempt from Subtitle C
since this is a conditional exclusion, and thus they would be subject
to hazardous waste management requirements. EPA also could then
initiate procedures to withdraw the exclusion. Where there is an
immediate threat to human health and the environment, EPA will evaluate
the need for enforcement activities on a case-by-case basis. EPA
expects IBM to conduct the appropriate waste analysis and comply with
the criteria explained above in paragraph (1) of the exclusion.

V. How would this action affect the states?

    EPA is issuing this exclusion under the Federal RCRA delisting
program. Thus, upon the exclusion being finalized, the wastes covered
will be removed from Subtitle C control under the Federal RCRA program.
This will mean, first, that the wastes will be delisted in any State or
territory where the EPA is directly administering the

RCRA program (e.g., Iowa, Indian Country). However, whether the wastes
will be delisted in States which have been authorized to administer the
RCRA program will vary depending upon the authorization status of the
States and the particular requirements regarding delisted wastes in the
various States.
    While Vermont has been authorized to generally administer the
Federal RCRA program, it has not sought or obtained authorization to
delist Federal listed wastes. See 58 FR 26243 (May 3, 1993). Instead,
the Vermont Hazardous Waste Regulation section 7-217(c) specifies that
``the Administrator of EPA shall retain the authority to exclude such
wastes.'' By letter dated April 12, 2012, the Vermont Department of
Environmental Conservation has confirmed that Vermont interprets this
regulation to mean that upon the EPA making a delisting determination
(regarding a federally regulated waste), the delisting determination
takes effect within that State. Thus, this delisting determination will
apply within Vermont with no further action required by the State.
    Like Vermont, some other generally authorized States have not
received authorization for delisting. Thus, the EPA makes delisting
determinations for such States. However, RCRA allows states to impose
their own regulatory requirements that are more stringent than EPA's,
under Sec.  3009 of RCRA. These more stringent requirements may include
a provision that prohibits a federally issued exclusion from taking
effect in the state, or that requires a State concurrence before the
Federal exclusion takes effect, or that allows the State to add
conditions to any Federal exclusion. We urge the petitioner to contact
the state regulatory authority in each State to or through which it may
wish to ship its wastes to establish the status of its wastes under the
state's laws.
    EPA has also authorized some states to administer a delisting
program in place of the Federal program, that is, to make state
delisting decisions. In such states, the state delisting requirements
operate in lieu of the Federal delisting requirements. Therefore, this
exclusion does not apply in those authorized states unless the state
makes the rule part of its authorized program. If IBM transports the
federally excluded waste to or manages the waste in any state with
delisting authorization, IBM must obtain a delisting authorization from
that state before it can manage the waste as non-hazardous in that
state.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review ''
(58 FR 51735, October 4, 1993), this rule is not of general
applicability and therefore, is not a regulatory action subject to
review by the Office of Management and Budget (OMB). This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it
applies to a particular facility only. Because this rule is of
particular applicability relating to a particular facility, it is not
subject to the regulatory flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), or to Sec. Sec.  202, 204, and
205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4).
Because this rule will affect only a particular facility, it will not
significantly or uniquely affect small governments, as specified in
Sec.  203 of UMRA. Because this rule will affect only a particular
facility, this proposed rule 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, as specified in Executive Order 13132, ``Federalism'', (64
FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply
to this rule.
    Similarly, because this rule will affect only a particular
facility, this proposed rule does not have tribal implications, as
specified in Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus,
Executive Order 13175 does not apply to this rule. This rule also is
not subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant as defined in
Executive Order 12866, and because the Agency does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children. The basis for this
belief is that the Agency used DRAS, which considers health and safety
risks to children, to calculate the maximum allowable concentrations
for this rule. This rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it
is not a significant regulatory action under Executive Order 12866.
This rule does not involve technical standards; thus, the requirements
of Sec.  12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. As required by Sec.  3 of
Executive Order 12988, ``Civil Justice Reform'', (61 FR 4729, February
7, 1996), in issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report which includes a copy of the rule to
each House of the Congress and to the Comptroller General of the United
States. Section 804 exempts from Sec.  801 the following types of
rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report regarding today's action under Sec.
801 because this is a rule of particular applicability. Executive Order
(EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive
policy on environmental justice. Its main provision directs Federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States.
    EPA has determined that this proposed rule 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 did not identify risks from
management of this material in a Subtitle D landfill. Therefore, EPA
believes that any populations in proximity of the landfills used by
this facility should not be adversely affected by common waste
management practices for this delisted waste.

List of Subjects in 40 CFR Part 261

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

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

    Dated: June 20, 2012.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
    For the reasons set out in the preamble, EPA proposes to amend 40
CFR part 261 as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    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.
    2. Amend Table 1 of Appendix IX to part 261 by adding the following
waste stream in alphabetical order by facility ``IBM Corporation'' to
read as follows:

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

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

                                                  * * * * * * *
IBM Corporation........................  Essex Junction, VT.....................  Wastewater Treatment Sludge
                                                                                (Hazardous Waste No. F006)
                                                                                generated at a maximum annual
                                                                                rate of 3,150 cubic yards per
                                                                                calendar year and disposed of
                                                                                in a Subtitle D Landfill
                                                                                which is licensed, permitted,
                                                                                or otherwise authorized by a
                                                                                state to accept the delisted
                                                                                wastewater treatment sludge.
                                                                                IBM must implement a testing
                                                                                program that meets the
                                                                                following conditions for the
                                                                                exclusion to be valid:
                                                                                1. Delisting Levels: All
                                                                                leachable concentrations for
                                                                                the following constituents
                                                                                must not exceed the following
                                                                                levels (mg/L for TCLP):
                                                                                Arsenic--5.0; Barium--100.0;
                                                                                Cadmium--1.0; Chromium--5.0;
                                                                                Lead--5.0; Mercury 0.2; and,
                                                                                Nickel--32.4.
                                                                                2. Waste Handling and Holding:
                                                                                (A)IBM must manage as
                                                                                hazardous all WWTP sludge
                                                                                generated until it has
                                                                                completed initial
                                                                                verification testing
                                                                                described in paragraph (3)(A)
                                                                                and valid analyses show that
                                                                                paragraph (1) is satisfied
                                                                                and written approval is
                                                                                received by EPA. (B) Levels
                                                                                of constituents measured in
                                                                                the samples of the WWTP
                                                                                sludge that do not exceed the
                                                                                levels set forth in paragraph
                                                                                (1) for two consecutive
                                                                                quarterly sampling events are
                                                                                non-hazardous. After approval
                                                                                is received from EPA, IBM can
                                                                                manage and dispose of the non-
                                                                                hazardous WWTP sludge
                                                                                according to all applicable
                                                                                solid waste regulations. (C)
                                                                                Not withstanding having
                                                                                received the initial approval
                                                                                from EPA, if constituent
                                                                                levels in a later sample
                                                                                exceed any of the Delisting
                                                                                Levels set in paragraph (1),
                                                                                from that point forward, IBM
                                                                                must treat all the waste
                                                                                covered by this exclusion as
                                                                                hazardous until it is
                                                                                demonstrated that the waste
                                                                                again meets the levels in
                                                                                paragraph (1). IBM must
                                                                                manage and dispose of the
                                                                                waste generated under
                                                                                Subtitle C of RCRA from the
                                                                                time that it becomes aware of
                                                                                any exceedance.

                                                                                3. Verification Testing
                                                                                Requirements: IBM must
                                                                                perform sample collection and
                                                                                analyses in accordance with
                                                                                the approved Quality
                                                                                Assurance Project Plan dated
                                                                                January 27, 2011. All samples
                                                                                shall be representative
                                                                                composite samples according
                                                                                to appropriate methods. As
                                                                                applicable to the method-
                                                                                defined parameters of
                                                                                concern, analyses requiring
                                                                                the use of SW-846 methods
                                                                                incorporated by reference in
                                                                                40 CFR 260.11 must be used
                                                                                without substitution. As
                                                                                applicable, the SW-846
                                                                                methods might include Methods
                                                                                0010, 0011, 0020, 0023A,
                                                                                0030, 0031, 0040, 0050, 0051,
                                                                                0060, 0061, 1010A, 1020B,
                                                                                1110A, 1310B, 1311, 1312,
                                                                                1320, 1330A, 9010C, 9012B,
                                                                                9040C, 9045D, 9060A, 9070A
                                                                                (uses EPA Method 1664, Rev.
                                                                                A), 9071B, and 9095B. Methods
                                                                                must meet Performance Based
                                                                                Measurement System Criteria
                                                                                in which the Data Quality
                                                                                Objectives are to demonstrate
                                                                                that samples of the IBM
                                                                                sludge are representative for
                                                                                all constituents listed in
                                                                                paragraph (1). To verify that
                                                                                the waste does not exceed the
                                                                                specified delisting
                                                                                concentrations, for one year
                                                                                after the final exclusion is
                                                                                granted, IBM must perform
                                                                                quarterly analytical testing
                                                                                by sampling and analyzing the
                                                                                WWTP sludge as follows: (A)
                                                                                Quarterly Testing: (i)
                                                                                Collect two representative
                                                                                composite samples of the WWTP
                                                                                sludge at quarterly intervals
                                                                                after EPA grants the final
                                                                                exclusion. The first
                                                                                composite samples must be
                                                                                taken within 30 days after
                                                                                EPA grants the final
                                                                                approval. The second set of
                                                                                samples must be taken at
                                                                                least 30 days after the first
                                                                                set. (ii) Analyze the samples
                                                                                for all constituents listed
                                                                                in paragraph (1). Any waste
                                                                                regarding which a composite
                                                                                sample is taken that exceeds
                                                                                the delisting levels listed
                                                                                in paragraph (1) for the
                                                                                sludge must be disposed as
                                                                                hazardous waste in accordance
                                                                                with the applicable hazardous
                                                                                waste requirements from the
                                                                                time that IBM becomes aware
                                                                                of any exceedance. (iii)
                                                                                Within thirty (30) days after
                                                                                taking each quarterly sample,
                                                                                IBM will report its
                                                                                analytical test data to EPA.
                                                                                If levels of constituents
                                                                                measured in the samples of
                                                                                the sludge do not exceed the
                                                                                levels set forth in paragraph
                                                                                (1) of this exclusion for two
                                                                                consecutive quarters, and EPA
                                                                                concurs with those findings,
                                                                                IBM can manage and dispose
                                                                                the non-hazardous sludge
                                                                                according to all applicable
                                                                                solid waste regulations. (B)
                                                                                Annual Testing: (i) If IBM
                                                                                completes the quarterly
                                                                                testing specified in
                                                                                paragraph (3) above and no
                                                                                sample contains a constituent
                                                                                at a level which exceeds the
                                                                                limits set forth in paragraph
                                                                                (1), IBM may begin annual
                                                                                testing as follows: IBM must
                                                                                test two representative
                                                                                composite samples of the
                                                                                wastewater treatment sludge
                                                                                (following the same protocols
                                                                                as specified for quarterly
                                                                                sampling, above) for all
                                                                                constituents listed in
                                                                                paragraph (1) at least once
                                                                                per calendar year. (ii) The
                                                                                samples for the annual
                                                                                testing taken for the second
                                                                                and subsequent annual testing
                                                                                events shall be taken within
                                                                                the same calendar month as
                                                                                the first annual sample
                                                                                taken. (iii) IBM shall submit
                                                                                an annual testing report to
                                                                                EPA with its annual test
                                                                                results, within thirty (30)
                                                                                days after taking each annual
                                                                                sample. The annual testing
                                                                                report also shall include the
                                                                                total amount of waste in
                                                                                cubic yards disposed during
                                                                                the calendar year.
                                                                                4. Changes in Operating
                                                                                Conditions: If IBM
                                                                                significantly changes the
                                                                                manufacturing or treatment
                                                                                process described in the
                                                                                petition, or the chemicals
                                                                                used in the manufacturing or
                                                                                treatment process, it must
                                                                                notify the EPA in writing and
                                                                                may no longer handle the
                                                                                wastes generated from the new
                                                                                process as non-hazardous
                                                                                unless and until the wastes
                                                                                are shown to meet the
                                                                                delisting levels set in
                                                                                paragraph(1), IBM
                                                                                demonstrates that no new
                                                                                hazardous constituents listed
                                                                                in appendix VIII of part 261
                                                                                have been introduced, and IBM
                                                                                has received written approval
                                                                                from EPA to manage the wastes
                                                                                from the new process under
                                                                                this exclusion. While the EPA
                                                                                may provide written approval
                                                                                of certain changes, if there
                                                                                are changes that the EPA
                                                                                determines are highly
                                                                                significant, the EPA may
                                                                                instead require IBM to file a
                                                                                new delisting petition.
                                                                                5. Data Submittals and
                                                                                Recordkeeping: IBM must
                                                                                submit the information
                                                                                described below. If IBM fails
                                                                                to submit the required data
                                                                                within the specified time or
                                                                                maintain the required records
                                                                                on-site for the specified
                                                                                time, EPA, at its discretion,
                                                                                will consider this sufficient
                                                                                basis to reopen the exclusion
                                                                                as described in paragraph
                                                                                (6). IBM must: (A) Submit the
                                                                                data obtained through
                                                                                paragraph (3) to the Chief,
                                                                                RCRA Waste Management & UST
                                                                                Section, U.S. EPA Region 1,
                                                                                (OSRR07-1), 5 Post Office
                                                                                Square, Suite 100, Boston, MA
                                                                                02109-3912, within the time
                                                                                specified. All supporting
                                                                                data can be submitted on CD-
                                                                                ROM or some comparable
                                                                                electronic media; (B)
                                                                                Compile, summarize, and
                                                                                maintain on site for a
                                                                                minimum of five years and
                                                                                make available for inspection
                                                                                records of operating
                                                                                conditions, including monthly
                                                                                and annual volumes of WWTP
                                                                                sludge generated, analytical
                                                                                data, including quality
                                                                                control information and,
                                                                                copies of the notification(s)
                                                                                required in paragraph (7);
                                                                                (C) Submit with all data a
                                                                                signed copy of the
                                                                                certification statement in 40
                                                                                CFR 260.22(i)(12).

                                                                                6. Reopener Language: (A) If,
                                                                                anytime after disposal of the
                                                                                delisted waste, IBM possesses
                                                                                or is otherwise made aware of
                                                                                any environmental data
                                                                                (including but not limited to
                                                                                leachate data or groundwater
                                                                                monitoring data) or any other
                                                                                relevant data to the delisted
                                                                                waste indicating that any
                                                                                constituent is at a
                                                                                concentration in the leachate
                                                                                higher than the specified
                                                                                delisting concentration, then
                                                                                IBM must report such data, in
                                                                                writing, to the Regional
                                                                                Administrator and to the
                                                                                Vermont Agency of Natural
                                                                                Resources Secretary within 10
                                                                                days of first possessing or
                                                                                being made aware of that
                                                                                data. (B) Based on the
                                                                                information described in
                                                                                paragraph (A) and any other
                                                                                information received from any
                                                                                source, the Regional
                                                                                Administrator will make a
                                                                                preliminary determination as
                                                                                to whether the reported
                                                                                information requires Agency
                                                                                action to protect human
                                                                                health or the environment.
                                                                                Further action may include
                                                                                suspending, or revoking the
                                                                                exclusion, or other
                                                                                appropriate response
                                                                                necessary to protect human
                                                                                health and the environment.
                                                                                (C) If the Regional
                                                                                Administrator determines that
                                                                                the reported information does
                                                                                require Agency action, the
                                                                                Regional Administrator will
                                                                                notify IBM in writing of the
                                                                                actions the Regional
                                                                                Administrator believes are
                                                                                necessary to protect human
                                                                                health and the environment.
                                                                                The notice shall include a
                                                                                statement of the proposed
                                                                                action and a statement
                                                                                providing IBM with an
                                                                                opportunity to present
                                                                                information as to why the
                                                                                proposed Agency action is not
                                                                                necessary or to suggest an
                                                                                alternative action. IBM shall
                                                                                have 30 days from the date of
                                                                                the Regional Administrator's
                                                                                notice to present the
                                                                                information. (D) If after 30
                                                                                days IBM presents no further
                                                                                information or after a review
                                                                                of any submitted information,
                                                                                the Regional Administrator
                                                                                will issue a final written
                                                                                determination describing the
                                                                                Agency actions that are
                                                                                necessary to protect human
                                                                                health or the environment.
                                                                                Any required action described
                                                                                in the Regional
                                                                                Administrator's determination
                                                                                shall become effective
                                                                                immediately, unless the
                                                                                Regional Administrator
                                                                                provides otherwise.
                                                                                7. Notification Requirements:
                                                                                IBM must do the following
                                                                                before transporting the
                                                                                delisted waste: (A) Provide a
                                                                                one-time written notification
                                                                                to any state Regulatory
                                                                                Agency to which or through
                                                                                which it will transport the
                                                                                delisted waste described
                                                                                above for disposal, 60 days
                                                                                before beginning such
                                                                                activities. (B) Update the
                                                                                one-time written notification
                                                                                if it ships the delisted
                                                                                waste into a different
                                                                                disposal facility. Failure to
                                                                                provide this notification
                                                                                will result in a violation of
                                                                                the delisting petition and a
                                                                                possible revocation of the
                                                                                decision.

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

[FR Doc. 2012-17272 Filed 7-13-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69844-69845]
[FR Doc No: 2013-27959]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13272-003]

Alaska Village Electric Cooperative, Inc.; Notice of Application
Tendered for Filing With the Commission and Establishing Procedural
Schedule for Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Minor Original License.
    b. Project No.: 13272-003.
    c. Date Filed: November 1, 2013.
    d. Applicant: Alaska Village Electric Cooperation, Inc. (AVEC).
    e. Name of Project: Old Harbor Hydroelectric Project.
    f. Location: The project would be constructed on the East Fork of
Mountain Creek, near the town of Old Harbor, Kodiak Island Borough,
Alaska. Some project facilities would be located on approximately 1.85
acres of federal lands of the Kodiak National Wildlife Refuge.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Meera Kohler, President and CEO, AVEC, 4831
Eagle Street, Anchorage, AK 99503; Telephone<PHONE_NUMBER>.
    i. FERC Contact: Mary Greene,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. The Project Description: The proposed run-of-river project will
consist of an intake, penstock, powerhouse, tailrace and constructed
channel, access road and trail, and transmission line. Power from this
project will be used by the residents of the city of Old Harbor.

Intake

    The intake will consist of a diversion/cut off weir with a height
of approximately 3-8 feet and a length of approximately 100 feet. A
below grade transition with an above-ground air relief inlet pipe will
convey water to a buried high-density polyethylene pipe and steel pipe
penstock.

Penstock

    A 10,100-foot-long penstock consisting of an 18-inch-diameter
polyethylene pipe, a 20-inch-diameter polyethylene pipe, and a 16-inch-
diameter steel pipe will be installed. A total of 7,400 feet of
polyethylene will be installed from the intake and 2,750 feet of steel
pipe will be installed near the powerhouse.

Powerhouse

    The powerhouse will consist of an approximately 30-foot by 35-foot
by 16-foot high metal building or similar structure. The building will
house two 262-kW Pelton turbines, a 480 volt, 3 phase synchronous
generator, and switchgear for each turbine.

Tailrace

    A tailrace structure and culvert or constructed stream bed will
convey the project flows from the powerhouse to the nearby pond, known
in Old Harbor as Swimming Pond. The tailrace will continue on from
Swimming Pond, conveying project flows for a total of approximately
2,300 feet.

Access Road and Trail

    An approximately 11,500-foot-long by 10-foot-wide intake access
trail will be constructed between the intake and the powerhouse and an
approximately 5,720-foot-long by 24-foot-wide access

road will extend from powerhouse to the existing community drinking
water tank access road. As requested by the U.S. Fish and Wildlife
Service, to prevent traffic in the Kodiak National Wildlife Refuge, the
intake access trail will be closed to non-project traffic. The
powerhouse access road will be open to public vehicles. An
approximately 6,550-foot-long, 12.47kV three-phase overhead power line
will extend from the powerhouse to the existing power distribution
system in Old Harbor.

Transmission Line

    A 6,500-foot-long, 12.47-kV, 3-phase overhead power line will be
installed from the powerhouse to the existing power distribution system
in Old Harbor.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule:
    The application will be processed according to the following
preliminary Hydro Licensing Schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready for   January 2014.
 Environmental Analysis.
Filing of recommendations, preliminary     March 2014.
 terms and conditions, and fishway
 prescriptions.
Commission issues Environmental            July 2014.
 Assessment (EA).
Comments on EA...........................  August 2014.
Modified terms and conditions............  October 2014.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: November 14, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-27959 Filed 11-20-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47440-47442]
[FR Doc No: 2016-17247]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0018]

Asbestos in General Industry; Extension of the Office of
Management and Budget's (OMB) Approval of Collections of Information

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
collections of information contained in the Standard on Asbestos in
General Industry (29 CFR 1910.1001).

DATES: Comments must be submitted (postmarked, sent, or received) by
September 19, 2016.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit

your comments and attachments to the OSHA Docket Office, Docket No.
OSHA-2010-0018, Occupational Safety and Health Administration, U.S.
Department of Labor, Room N-2625, 200 Constitution Avenue NW.,
Washington, DC 20210. Deliveries (hand, express mail, messenger, and
courier service) are accepted during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2010-0018) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download from the Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. You may also
contact Theda Kenney at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing collections of
information in accord with the Paperwork Reduction Act of 1995 (PRA-95)
(44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in
the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The basic purpose of the collections of information in the Standard
is to document that employers in general industry are providing their
workers with protection from exposure to hazardous asbestos. Asbestos
exposure results in asbestosis, an emphysema-like condition; lung
cancer; mesothelioma; and gastrointestinal cancer.
    Several provisions of the Standard are collections of information,
including: Implementing an exposure monitoring program that notifies
workers of their exposure monitoring results, establishing a written
compliance program, and informing laundry personnel of the requirement
to prevent release of airborne asbestos above the time-weighted average
and excursion limit. Other collections of information in the Standard
include: maintaining records of information obtained concerning the
presence, location, and quantity of asbestos-containing materials
(ACMs) and/or presumed asbestos-containing materials (PACMs) in a
building/facility; notifying housekeeping workers of the presence and
location of ACMs and PACMs in areas they may occupy during their work;
and using information, data, and analyses to demonstrate that PACMs do
not contain asbestos. In addition, the collections of information in
the Standard include: providing medical surveillance for workers
potentially exposed to ACMs and/or PACMs, including administering a
worker medical questionnaire, providing information to the examining
physician, and providing the physician's written opinion to the worker;
maintaining records of exposure monitoring, objective data used for
exposure determinations, and medical surveillance; and making specified
records (e.g., exposure monitoring and medical surveillance records)
available to designated parties.
    These collections of information permit employers, workers and
their designated representatives, OSHA, and other specified parties to
determine the effectiveness of an employer's asbestos-control program.
Accordingly, the requirements ensure that workers exposed to asbestos
receive all of the protections afforded by the Standard.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed collections of information are
necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the collections of information, including the validity of the
methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting an adjustment decrease of 6 burden hours
(from 11,694 to 11,688 burden hours). The decrease is due to the
removal of burden hours associated with OSHA requests to access records
from employers. Usually, OSHA requests access to records during an
inspection. Information collected by the Agency during the
investigation is not subject to the PRA under 5 CFR 1320.4(a)(2). There
is also an estimated increase in operation and maintenance costs of
$38,624, from $925,026 to $963,650. The increase in operation and
maintenance costs is due to the increase in medical exam costs, offset
by a decrease in estimated costs for contract industrial hygiene
services to conduct exposure monitoring sampling, due to the Agency's
use of a different data source to calculate the exposure monitoring
sampling estimate.
    OSHA is providing the following summary information about the
Asbestos in General Industry information collection:
    Type of Review: Extension of a currently approved collection.
    Title: Asbestos in General Industry (29 CFR 1910.1001).
    OMB Control Number: 1218-0133.
    Affected Public: Businesses or other for-profits.
    Number of Respondents: 121.
    Frequency of Responses: Varies.
    Total Responses: 32,173.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 11,688.

    Estimated Cost (Operation and Maintenance): $963,650.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number (Docket No. OSHA-2010-0018) for this ICR.
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on July 15, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-17247 Filed 7-20-16; 8:45 am]
 BILLING CODE 4510-26-P