RISK BASED CONDITIONS : Dow Elastomers, Laplace, LA FACILITY V. D. 1. Definitions:

V. D. 1. a. Annual Sampling Mode: A rate of sampling once per twelve months, but no closer than 200 days or longer than 530 days since the last sampling.

V. D. 1. b. Quarterly Sampling Mode: A rate of sampling once per every three months, but no closer than 40 days or longer than 140 days since the last sampling.

V. D. 1. c. Monthly Sampling Mode: A rate of sampling once every month, but no closer than 10 days or longer than 50 days since the last sampling.

V. D. 1. d. Analytical Database: A record of analytical results from all hazardous waste feed metal samples taken, voluntarily or required. This database contains all data obtained whether used in calculating a five year rolling total metals feed rate or not.

V. D. 1. e. Five Year Rolling Total Metals Feed: A time weighted calculation of total mass of a metal fed to the HCl Recovery Unit based upon analysis results obtained during the previous sixty months. Invalidated data shall not be used in calculating this total. The time weighting of data will be from the date of sampling that generates valid data to the next sampling date when valid data is obtained. This value is a monthly rolling total.

V. D. 1. f. Five Year Metals Feed Guideline: A site specific, risk based guideline based upon an EPA Risk Assessment and plant operations during the Risk Assessment Burn. The guideline value is calculated using EPA's grams per second mass flow rate results from the risk assessment and projecting that flow over sixty months, including one leap day.

V. D. 2. For each permitted hazardous waste HAF the Permittee shall conduct total metals sampling and analysis for antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, nickel, selenium, silver and thallium.

V. D. 2. a. The Permittee shall sample each feed stream to the Hazardous Waste Organics Tanks ( 1 to 5) four times annually ( referred to as quarterly sampling mode), unless the provisions of 7 or 8 below apply.

V. D. 2. b. LDEQ/ EPA approved sampling and analytical methods ( e. g., " Test Methods for Evaluating Solid Waste   Physical/ Chemical Methods", SW 846) shall be used unless the Permittee obtains approval from the LDEQ to use another method.

V. D. 3 The site specific, risk based guidelines are based upon the EPA Risk Assessment conducted for this facility. EPA recommended these guidelines as annual average values since the risk assessment evaluated risk over a 40 year operating time period. In determining the metal mass flow rate for each hazardous waste HAF to compare to the site specific, risk based guideline for that metal, the Permittee shall calculate a fiveyear rolling total metals feed to the HAF from the valid data in the analytical database.

V. D. 4 The Permittee shall not exceed:

V. D. 4. a. The five year metals feed guideline specified in Table 10 when calculating the total metals feed for any metal over the previous twelve months;

V. D. 4. b. After five years from the effective date of this permit, the fiveyear metals feed guideline in Table 10 when calculating the five year rolling total metals feed for any metal over the previous sixty months. ( An exceedance of Section D. 4. a above shall not constitute an exceedance of this Section.)

V. D. 5. During the initial five year period the Permittee may use existing historical data to calculate the five year rolling total metals feed, if that data exists.

V. D. 5. a. Facilities with limited historical data, less than five consecutive years of annual sampling and analysis data, shall develop historical data at an accelerated rate by either option listed as follows:

V. D. 5. a.( 1) Sample at the monthly sampling mode for one year; or V. D. 5. a.( 2) Sample at the quarterly sampling mode for five quarters.

V. D. 5. b. After completion of the accelerated sampling frequency to develop a historical record, the Permittee may initiate the quarterly or annual sampling mode, as determined by the Permittee's projected five year compliance with the risk based guidelines in Table 10 and as described in numbers 7 and 9 below.

V. D. 6. When the five year rolling total metals feed rate for a metal being sampled under the annual sampling mode exceeds the five year metals feed guideline listed in Table 10 for that metal during a sampling and analysis event, the Permittee shall increase the sampling frequency for that metal to the quarterly sampling mode.

V. D. 7. When the five year rolling total metals feed rate for a metal being sampled under the quarterly sampling mode does not exceed the five year metals feed guideline listed in Table 10 for the last five sampling events for that metal, the Permittee may reduce the sampling frequency for that metal to the annual sampling mode.

V. D. 8. When the five year rolling total metals feed rate for a metal being sampled under the quarterly sampling mode exceeds the five year metals feed guideline listed in Table 10 for that metal during any two of five consecutive sampling and analysis events, the Permittee shall:

V. D. 8. a. increase the sampling frequency for that metal in the hazardous waste stream to the monthly sampling mode;

V. D. 8. b. investigate the cause of the high metal mass flow rate;

V. D. 8. c. determine probable causes for exceeding the site specific, risk based guideline for that metal;

V. D. 8. d. take corrective measures to demonstrate compliance with the risk based guidelines for that metal; and V. D. 8. e. notify LDEQ in the annual report of the exceedance, probable causes of the exceedance and corrective measures taken.

V. D. 9. When the five year rolling total metals feed rate for a metal being sampled under the monthly sampling mode does not exceed the five year metals feed guideline listed in Table 10 for the last five sampling events for that metal, the Permittee may reduce the sampling frequency for that metal to the quarterly sampling mode.

V. D. 10. Data Handling V. D. 10. a. At any time the Permittee may voluntarily increase the sampling frequency of a metal in a hazardous waste stream. V. D. 10. a.( 1) When sampling under a voluntarily increased frequency, the Permittee may return at any time to the sampling mode for which the metal in the hazardous waste stream was qualified.

V. D. 10. a.( 2) Sampling and analysis results obtained during the voluntarily increased sampling frequency shall not be used to increase or reduce the sampling mode.

V. D. 10. a.( 3) Data obtained during the voluntarily increased frequency shall be included in the analytical database and used in calculating the five year rolling total metals feed.

V. D. 10. b. The Permittee may request that the laboratory immediately reanalyze the sample ( replicate analysis) for a metal when data is suspect.

V. D. 10. b.( 1) All analysis data obtained shall be included in the analytical database.

V. D. 10. b.( 2) Any data that is considered invalid shall have an explanation defining what basis was used to invalidate the data.

V. D. 10. b.( 3) Data that is proven to be invalid shall not be used in calculating the five year rolling total metals feed.

V. D. 10. b.( 4) Replicate sample results may be used as the sampling frequency results when the original sample results have been invalidated.

V. D. 10. c. The Permittee may resample the hazardous waste stream and have the sample analyzed for the subject metal when data is suspect.

V. D. 10. c.( 1) All analysis data obtained shall be included in the analytical database.

V. D. 10. c.( 2) Any data that is considered invalid shall have an explanation defining what basis was used to prove the invalid nature of that data. V. D. 10. c.( 3) Data that is proven to be invalid shall not be used in calculating the five year rolling total metals feed.

V. D. 10. c.( 4) Resampled analytical results are normally considered a voluntary sample and do not impact shifts in sampling frequency. These results are used for calculating the five year rolling total metals feed rate.

V. D. 10. c.( 5) Resampled analytical results can impact sampling frequency when the results from the original samples have been proven to be invalid.

V. D. 10. d. DEQ reserves the right to review the analytical database, to modify, as appropriate, the classification of valid or invalid data, and to recalculate mass feed rates and the five year rolling total metals feed.

V. D. 11. For the metals; antimony, beryllium, cadmium, mercury, silver, thallium and selenium, the Permittee must demonstrate a good faith effort to monitor and control the metals' feed rates. V. D. 11. a. Demonstrate that the detection limit using the best available analytical technology is at or below the following:

V. D. 11. a.( 1) 1.40 ppm for antimony V. D. 11. a.( 2) 0.20 ppm for beryllium V. D. 11. a.( 3) 0.20 ppm for cadmium V. D. 11. a.( 4) 6.76 ppm for thallium V. D. 11. a.( 5) 0.04 ppm for mercury V. D. 11. a.( 6) 0.80 ppm for silver V. D. 11. a.( 7) 2.77 ppm for selenium V. D. 11. b. If the Permittee fails to demonstrate the detection limit is at or below the specified values in a), demonstrate what the method detection limit is for the sample matrix with the analytical laboratory contracted to perform the analyses in accordance with 40 CFR 136, Appendix B.

V. D. 11. c. Should an analysis result indicate the presence of a metal at a concentration greater than the method detection limit, the Permittee shall either reduce the hazardous waste feed rate so that the five year rolling total metals feed does not exceed the five year metals feed guideline or demonstrate that the reported analysis result is invalid. V. D. 12. The Permittee may request that EPA reevaluate changes in risk assessment methodology or information and/ or waste feed characterization and/ or facility operations in order to revise the site specific, risk based guideline levels. The Permittee shall identify specifically the basis for requesting reevaluation and within 30 days of the request, the EPA will respond in writing to indicate if and when the reanalysis will be conducted. TABLE 10 FEED RATE GUIDELINES1 Constituent Average Annual Metals Feed Rate ( kg/ yr) Metals Feed Rate ( g/ s) Five Year Maximum Waste Feed ( kg)

Antimony 27.2 8.61 E 4 136 Arsenic 39.1 1.24 E 3 196 Barium 527 1.67 E 2 2636 Beryllium 3.9 1.24 E 4 19.6 Cadmium 3.9 1.24 E 4 19.6 Total Chromium23 31.64 1.00 E 3 158 Lead 814 2.58 E 2 4072 Mercury 0.89 2.80 E 5 4.45 Nickel 26205 8.31 E 2 13110 Selenium 53.6 1.70 E 3 268 Silver 13.8 4.37 E 4 70 Thallium 131 4.15 E 3 655 1 Feed rates are based upon a Risk Assessment conducted by the Environmental Protection Agency. 3Chromium VI is established by stack measurement at an emission level of 4.80 E 5 g/ s at this total chromium feed rate. 4 Total Chromium established by stack measurement accounting for air pollution control equipment removal efficiency and Chromium VI partition factor. 5 Nickel feed rates established by stack measurements accounting for air pollution control equipment removal efficiency.


[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9661-9663]
[FR Doc No: 2020-02359]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM19-7-000; Order No. 868]

Custody and Authentication of Commission Records

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) amends
its regulations concerning custody and authentication of Commission
records. Specifically, this final rule provides clarification that a
Senior Agency Official for Records will maintain legal custody of all
Commission records. This final rule also clarifies that authentication
of records can be performed by staff officials through delegated
authority.

DATES: This rule will become effective March 23, 2020.

FOR FURTHER INFORMATION CONTACT:

Christopher Cook, Office of the Secretary, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Mark Hershfield, Office of the General Counsel, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Introduction

    1. This instant final rule revises 18 CFR 375.102(a) to establish a
Senior Agency Official for Records as the legal custodian of all
Commission records. This final rule also clarifies that authentication
of records can be performed by staff officials through delegated
authority under 18 CFR part

375, subpart C. The rule imposes no new obligations on the public.

II. Background

    2. The Commission's existing regulations place records in the
custody of both the Secretary and the Executive Director.\1\ The
Secretary has custody over: The Commission's seal; the minutes of all
actions taken by the Commission; the transcripts, electronic
recordings, or minutes of meetings closed to public observation; the
Commission's rules and regulations; and the Commission's administrative
orders.\2\ The Executive Director has custody of all other records not
in the custody of the Secretary.\3\ The Commission's regulations also
provide that all orders and other actions of the Commission shall be
authenticated by the Secretary or the Secretary's designee.\4\
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    \1\ See 18 CFR 375.102.
    \2\ See 18 CFR 375.102(a)(1).
    \3\ See 18 CFR 375.102(a)(2).
    \4\ See 18 CFR 375.102(b).
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III. Discussion

A. Custody of Records

    3. By statute, the head of each federal agency must make and
preserve records containing adequate and proper documentation of the
organization, functions, policies, decisions, procedures, and essential
transactions of the agency.\5\ Specifically, federal agencies are
responsible for both the physical and legal custody of records.\6\
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    \5\ 44 U.S.C. 3101.
    \6\ National Archives and Records Administration (NARA) defines
the term custody to include care and control of records, including
both physical possession (physical custody) and legal responsibility
(legal custody), unless one or the other is specified. See NARA,
Strategic Directions: Custody of Federal Records of Archival Value,
(Sept. 2003), https://www.archives.gov/records-mgmt/initiatives/custody.html.
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    4. Physical custody involves the responsibility for the care of
records and implementing policies governing access to records.\7\ This
final rule does not change physical custody of Commission records,
which will continue to remain with the individual office within the
Commission that maintains the record.\8\
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    \7\ Id.
    \8\ Id. The current regulations provide that the Secretary has
custody over, for example, the Commission's seal and the minutes of
all actions taken by the Commission, among other things as described
above. Although this language has been deleted from the amended
regulation, the Secretary will continue to have physical custody
over these items.
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    5. This final rule clarifies the agency official responsible for
legal custody of the Commission's records. Legal custody involves the
ownership and the responsibility for creating policies governing access
to records regardless of their physical location.\9\
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    \9\ See Id.
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    6. NARA requires that each agency designate a Senior Agency
Official for Records that is responsible for the legal custody of
agency records.\10\ While the Commission's current regulation, 18 CFR
375.102(a), provides divided legal custody between the Secretary and
the Executive Director, we are amending the regulation to place legal
custody in one individual, the Senior Agency Official for Records. The
Secretary of the Commission is the current Senior Agency Official for
Records, and thus legal custody will no longer be divided between the
Secretary and the Executive Director, and will be designated with the
Secretary or his/her designee.
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    \10\ 36 CFR 1220.34(a).
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B. Authentication of Records

    7. Additionally, this final rule clarifies that authentication of
records can be performed by staff officials exercising delegated
authority under 18 CFR part 375, subpart C.\11\ Specifically, 18 CFR
part 375, subpart C delegates authority to certain staff officials to
take certain actions, e.g., issue letter orders addressing certain
categories of filings.\12\
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    \11\ See, e.g., 18 CFR 375.307.
    \12\ 18 CFR part 375.
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    8. The Commission's existing regulations specify that all orders
and other actions of the Commission must be authenticated or signed by
the Secretary or the Secretary's designee.\13\ This final rule revises
18 CFR 375.102(b) to provide that the Secretary is required to
authenticate all Commission actions and orders except those actions
taken pursuant to delegated authority, which will be authenticated by
the issuing staff official in lieu of the Secretary. Moreover,
issuances in the Commission's electronic document repository (eLibrary)
on the Commission's website (http://www.ferc.gov) will be considered
authenticated.
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    \13\ See 18 CFR 375.102(b).
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IV. Information Collection Statement

    9. The Office of Management and Budget (OMB) approves certain
information collection requirements imposed by agency rule.\14\ This
instant final rule does not contain any information collection
requirements. Therefore, compliance with OMB regulations is not
required.
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    \14\ 5 CFR 1320.12.
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V. Environmental Analysis

    10. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\15\
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    \15\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987)
(cross-referenced at 41 FERC ] 61,284).
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    11. Part 380 of the Commission's regulations lists exemptions to
the requirement to draft an Environmental Analysis or Environmental
Impact Statement. Included is an exemption for procedural, ministerial,
or internal administrative actions.\16\ This rulemaking is,
accordingly, exempt from the requirement to draft such documents under
that provision.
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    \16\ 18 CFR 380.4(a)(1).
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VI. Regulatory Flexibility Act

    12. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
This final rule concerns an interpretation of current Commission
regulations and practices. The Commission certifies that it will not
have a significant economic impact upon participants in Commission
proceedings. An analysis under the RFA is therefore not required.
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    \17\ 5 U.S.C. 601-12.
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VII. Document Availability

    13. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
    14. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    15. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>

VIII. Effective Date

    16. The Commission is issuing this rule as a final rule without a
period for public comment. Under 5 U.S.C. 553(b)(3)(A), notice and
comment procedures are unnecessary for ``rules of agency organization,
procedure, or practice.'' This rule is such a rule, and is directed at
improving the efficient and effective operations of the Commission, not
toward a determination of the rights or interests of affected parties.
The rule will not significantly affect regulated entities or the
general public.
    17. These regulations are effective March 23, 2020.

List of Subjects in 18 CFR Part 375.102

    Seals and Insignia.

    By the Commission.

    Issued: January 28, 2020.
Kimberly D. Bose,
Secretary.
    In consideration of the foregoing, the Commission amends part 375,
chapter I, Title 18, Code of Federal Regulations, as follows:

PART 375--THE COMMISSION

0
1. The authority citation for part 375 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.

0
2. Section 375.102 is revised to read as follows:

Sec.  375.102  Custody and authentication of Commission records.

    (a) Custody of official records. The Senior Agency Official for
Records shall have legal custody of all records of the Commission. The
individual Commission office that maintains a record shall have
physical custody of that record.
    (b) Authentication of action. All orders and other actions of the
Commission shall be authenticated by the Secretary or the Secretary's
designee, with the exception of actions taken pursuant to delegations
of authority under 18 CFR part 375, subpart C, which will be
authenticated by the issuing official. Issuances posted on the
Commission's electronic filing system on the Commission's website are
authenticated.

[FR Doc. 2020-02359 Filed 2-19-20; 8:45 am]
BILLING CODE 6717-01-P