6806 Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations

Dated: January 14, 1999. under the Clean Water Act (CWA). EPA IV. Today’s Action Felicia Marcus, is also stipulating that as one condition V. Response to Comments VI. Administrative Assessments Regional Administrator, Region 9. of this deferral, this leachate may not A. Executive Order 12866 Part 52, chapter I, title 40 of the Code ordinarily be managed in surface B. Regulatory Flexibility Act of Federal Regulations is amended as impoundments or otherwise placed on C. Unfunded Mandates Reform Act follows: the land after February 13, 2001. D. Paperwork Reduction Act EFFECTIVE DATE: This rule is effective E. Executive Order 12875: Enhancing the PART 52Ð[AMENDED] February 5, 1999. Intergovernmental Partnership ADDRESSES: Supporting materials are F. Executive Order 13084: Consultation 1. The authority citation for Part 52 and Coordination with Indian Tribal continues to read as follows: available for viewing in the RCRA Governments Information Center (RIC), located at Authority: 42 U.S.C. 7401 et seq. G. Executive Order 13045: Protection of Crystal Gateway I, First Floor, 1235 Children from Environmental Risks and Subpart FÐCalifornia Jefferson Davis Highway, Arlington, VA. Safety Risks The Docket Identification Number is F– H. National Technology Transfer and 2. Section 52.220 is amended by 1999–PR3F–FFFFF. The RIC is open Advancement Act of 1995 adding paragraphs (c)(230)(i)(D)(1) and from 9 a.m. to 4 p.m., Monday through I. Executive Order 12898: Environmental (255)(i)(A)(4) to read as follows: Friday, excluding federal holidays. To Justice VII. The Congressional Review Act review docket materials, it is VIII. Rationale for Immediate Effective Date § 52.220 Identification of plan. recommended that the public make an * * * * * appointment by calling 703 603–9230. I. Affected Entities (c) * * * The public may copy a maximum of 100 Entities potentially affected by this (230) * * * pages from any regulatory docket at no action are those , both (i) * * * charge. Additional copies cost $0.15/ commercial and government-owned, (D) San Joaquin Valley Unified Air page. The index and some supporting that historically received one or more of Pollution Control District. materials are available electronically. the newly-listed petroleum refinery (1) Rule 4352, amended on October See the Supplementary Information 19, 1995. (K169–K172) and that generate section for information on accessing leachate or landfill gas * * * * * them. condensate. (255) * * * FOR FURTHER INFORMATION CONTACT: For (i) * * * general information, contact the RCRA II. Legal Authority and Background (A) * * * Hotline at 800 424–9346 or TDD 800 These regulations are being (4) Rule 413, amended May 1, 1997. 553–7672 (hearing impaired). In the promulgated under the authority of * * * * * Washington, DC, metropolitan area, call sections 2002(a) and 3001(a), (b) and [FR Doc. 99–3143 Filed 2–10–99; 8:45 am] 703 412–9810 or TDD 703 412–3323. (e)(2), 3004(g) and (m) of the Solid BILLING CODE 6560±50±P For more detailed information on Disposal Act (commonly referred specific aspects of this rulemaking, to as RCRA), as amended, 42 U.S.C. contact Ross Elliott, Office of Solid 6912(a), and 6921(b) and (e)(2). ENVIRONMENTAL PROTECTION Waste 5304W, U.S. Environmental As described in the August 6, 1998 AGENCY Protection Agency, 401 M Street, SW, NODA, very late in the process of Washington, DC 20460, 703 308–8748, promulgating four new 40 CFR Part 261 [email protected]. listings, the Agency was alerted to the [FRL±6232±3] SUPPLEMENTARY INFORMATION: concern that any new listings for The index and the following petroleum wastes may have potentially RIN 2050±AE61 supporting materials are available on significant impacts on the management of leachate collected from certain non- Hazardous the Internet: Response to Comment hazardous waste landfills. Specifically, System; Identification and Listing of Document. Follow these instructions to one company that owns and operates Hazardous Waste; Petroleum Refining access the information electronically: non-hazardous waste landfills expressed Process Wastes; Exemption for www.epa.gov/epaoswer/hazwaste/id/ concern that because some of their Leachate from Non-Hazardous Waste petroleum/ FTP: ftp.epa.gov, Login: facilities have historically received and Landfills; Final Rule. anonymous, Password: your Internet address, Files are located in /pub/ disposed of some or all of the waste AGENCY: Environmental Protection epaoswer. streams listed in the final rulemaking Agency (EPA). In addition, the document entitled published August 6, 1998 (i.e., K169, ACTION: Final rule. Development Document for Proposed K170, K171, and K172), the leachate Effluent Limitations Guidelines and that is collected and managed from SUMMARY: Today EPA is temporarily Standards for the Landfills Point Source these landfills would be classified by deferring from the definition of Category, EPA–821–R–97–022, January these same waste codes after the hazardous waste landfill leachate and 1998, placed in the docket for this effective date of the new petroleum landfill gas condensate derived from notice, can be obtained through the waste listings. 63 FR 42190. However, if previously disposed wastes that now internet at www.epa.gov/OST/guide/ Subtitle C regulation were to apply to meet the listing descriptions of one or 2lndfls/techdev.html. leachate generated from such landfills, more of the recently added petroleum The contents of the preamble to this leachate now trucked to POTWs would refinery wastes (waste codes K169, final rule are listed in the following likely no longer be managed by POTWs, K170, K171, and K172, promulgated outline: since POTW owner/operators August 6, 1998, 63 FR 42110). Pending I. Affected Entities (understandably) would not wish their further study of this issue, this deferral II. Legal Authority and Background facilities to become subject to RCRA is provided to landfill leachate and gas III. Summary of NODA and Proposed Subtitle C regulation. This company condensate that is subject to regulation Temporary Deferral argued that this could lead to vastly Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations 6807 increased treatment and disposal costs such as leachate being transported off POTWs because the Agency’s without necessarily any environmental site to a POTW in a truck, would not be information indicated that such benefit. exempt from Subtitle C regulation as standards were not required due to described in more detail elsewhere in several factors, including (1) raw Why Would This Leachate be Regulated today’s document. leachate data were below published as Hazardous Waste? III. Summary of NODA and Proposed biological inhibition levels, and (2) As discussed in the NODA, leachate Temporary Deferral other information indicated a lack of that is derived from the treatment, ‘‘pass-through’’ of toxics (including lack storage, or disposal of listed hazardous EPA requested comment in the NODA of showing of adverse impact on POTW wastes is classified as a hazardous waste on whether it would be appropriate to sludge quality). 63 FR 6444. For by virtue of the ‘‘derived-from’’ rule in defer temporarily the application of the example, the EPA initially determined, 40 CFR 261.3(c)(2). The Agency has new petroleum waste codes to such among other things, that the majority of been very clear in the past on the leachate in order to avoid disruption of pollutants typically found in raw, non- applicability of hazardous waste listings ongoing leachate management activities hazardous landfill leachate were at to wastes disposed of prior to the while the Agency decides how to relatively low concentrations that can be effective date of a listing, even if the integrate the two regulatory schemes adequately treated by a POTW. landfill ceases disposal of the waste (RCRA and CWA), consistent with EPA’s concern is that what appears to when the waste becomes hazardous. 53 RCRA section 1006(b)(1) (which be a proper and reasonable means of FR 31147 (August 17, 1988). EPA also requires EPA to integrate regulations managing leachate would be has a well-established interpretation under RCRA with those of the other undermined if the leachate becomes a that listings likewise apply to leachate statutes implemented by EPA, and to hazardous waste. This is because some derived from the disposal of listed avoid duplication, to the maximum POTWs would become subject to RCRA hazardous wastes, including leachate extent possible consistent with the goals permitting requirements if they derived from wastes disposed before a and policies of RCRA and the other accepted the leachate, and would surely listing effective date which meet the statutes). 63 FR 42192. EPA specifically cease to accept it, even though (if the listing description. Id. EPA’s requested comment on exempting CWA proposal is correct) POTWs can interpretations were upheld by the leachate that would only be defined as treat the leachate effectively without Court of Appeals for the District of hazardous waste because it was derived even the necessity of pretreatment. Columbia Circuit in from the disposal of one or more of the Landfills no longer able to send leachate Management, Inc. v. EPA, 869 F.2d newly-listed petroleum refining wastes to POTWs would be forced to develop 1526, 1536–37 (D.C. Cir. 1989). (These (K169–K172), where these wastes were some sort of alternative arrangement— points are restated here to provide disposed of prior to, and not after, the any of which, it appears to EPA, would context. EPA is not reconsidering or in effective date of the listing. EPA also result in undesirable ‘‘duplication’’ and any other way reopening these solicited comment on the exemption disruption which section 1006 (b) seeks principles for comment or review.) being conditioned on the leachate being to prevent. EPA’s resolution of this Of course, as set out in detail in the subject to regulation under the CWA. problem is set out in the following Finally, EPA asked whether or not the August 17, 1988 notice, this does not section. mean that landfills holding wastes exempt leachate should be allowed to be IV. Today’s Action which are now listed as hazardous managed in non-subtitle C surface impoundments, a practice which become subject to Subtitle C regulation. A. Temporary Deferral of the Listing for presently occurs at some landfill However, previously disposed wastes Leachate facilities. now meeting the listing description, After consideration of information including residues such as leachate How is Leachate Currently Being and comments received in response to which are derived from such wastes and Evaluated Under Clean Water Act the NODA, the Agency is today are actively managed, do become subject Regulations? temporarily deferring from the to Subtitle C regulation. 53 FR 31149. In As noted in the August 6, 1998 hazardous waste regulations leachate many cases, indeed most circumstances, Federal Register, EPA’s Office of Water derived from landfills that have no significant regulatory consequences recently proposed national effluent historically received petroleum refining under RCRA result from leachate limitations guidelines and pretreatment wastes (i.e., wastes that meet the listing management. Active management of standards for wastewater discharges— description of one or more of the newly- hazardous leachate would often be most notably, leachate—from certain listed K wastes), provided the leachate exempt from Subtitle C regulation types of landfills, including those that is subject to regulation under the Clean because the usual pattern of would be covered by this notice. 63 FR Water Act requirements, and is not management is discharge either to 6426 (February 6, 1998). In support of managed in surface impoundments after POTWs via the sewer system (where this proposal, EPA conducted a study of February 13, 2001. This deferral will leachate mixes with domestic ) the volume and chemical composition remain in place while EPA continues to or to navigable waters, where in both of wastewaters generated by both examine the specific aspects of how this instances the leachate is excluded from Subtitle C (hazardous waste) and leachate is currently managed, whether 1 RCRA jurisdiction. In addition, Subtitle D (non-hazardous waste) subtitle C regulation is appropriate or management of leachate in wastewater landfills, including treatment inappropriate, and (in particular) how treatment tanks prior to discharge under technologies and management practices the eventual Clean Water Act effluent the CWA is exempt from RCRA currently in use. EPA proposed effluent limitation guidelines and standards for regulation (40 CFR 264.1(g)(6)). limitations (for nine pollutants in the landfill wastewaters will bear on these However, some management practices, Non-Hazardous Subcategory) for direct questions. dischargers. 63 FR 6463. Most Today’s deferral does not exempt 1 See RCRA Section 1004(27) and 40 CFR 261.4(a)(1) (domestic sewage exclusion); see also pertinently for today’s notice, EPA did leachate from being hazardous waste if RCRA Section 1004(27) and 40 CFR 261.4(a)(2) not propose pretreatment standards for the leachate exhibits any of the (industrial point source exclusion). Subtitle D landfill wastewaters sent to hazardous waste characteristics or is 6808 Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations derived from any waste codes other than is discharged, do not on their own storage tanks, provided sufficient time is the four petroleum refinery wastes assure safe management upstream of allowed to retrofit. described in the deferral, and any that point. These rules on their own, EPA agrees that surface residues from treating exempt leachate therefore, do not address the prime impoundments cannot be replaced would need to be evaluated against the RCRA concern: assuring safety of wastes immediately. The statute, in fact, hazardous waste characteristics. when they are land disposed, contemplates a four year period to EPA is deferring the listing’s particularly when disposed in surface replace or retrofit impoundments. See applicability to the leachate to avoid the impoundments. Such disposal is a key RCRA section 3005(j)(1). EPA believes problems alluded to above. Specifically, RCRA concern. See RCRA section 1002 further, however, that a period shorter EPA believes that current indirect (b)(7) (‘‘certain classes of land disposal than four years is appropriate here. dischargers would have to create some facilities are not capable of assuring Based on the information received type of unnecessarily duplicative way of long-term containment of certain during the comment period, it appears managing the leachate if it becomes a hazardous wastes, and to avoid that the use of surface impoundments at listed hazardous waste. The most likely substantial risk to human health and the MSWLFs to manage this leachate is not alternatives are a sewer hookup with the environment, reliance on land disposal widespread (e.g., approximately 8 POTW or construction of an on-site should be minimized or eliminated and impoundments were identified out of 52 wastewater treatment system. It appears land disposal, particularly landfill and ‘‘affected’’ landfills) 2. Given the that any alternative would be surface impoundment, should be the reported volumes of leachate generated unnecessarily duplicative (putting aside least favored method for managing from MSWLFs that were identified in for the moment the issue of management hazardous wastes’’); see also, American comments as affected by the new in surface impoundments), assuming Mining Congress v. EPA, 907 F. 2d 1179, petroleum refinery waste listings, the the rationale of the proposed CWA rule 1187 (D.C. Cir. 1990) (statutory projected size of these impoundments holds, because POTWs can already fully antipathy to management in surface also is relatively small. One commenter treat the leachate without need for impoundments). It is also clear that representing a large number of affected treatment by any other entity. Indeed, section 1006(b) cannot be invoked to landfills in fact stated that 24 months this same concern is expressed in the ‘‘wholly circumvent’’ critical statutory was adequate time to allow for the Clean Water Act, which states that provisions. Chemical Waste construction and operation of tanks to pretreatment standards are only to be Management v. EPA, 976 F. 2d 2, 25 replace the impoundments at those established for pollutants which (D.C. Cir. 1992). The fact that the MSWLFs that are affected by the interfere with, pass through or leachate may not warrant pretreatment petroleum refinery waste listings and otherwise are incompatible with before discharge of course does not are presently using impoundments to treatment by the POTW. CWA section mean that the leachate can be safely manage some or all of their leachate. 307(b)(1). Put another way, EPA is discharged into groundwater via leaking EPA therefore believes that two years is concerned about forcing pretreatment of impoundments. On August 6, 1998 EPA a reasonable time for impoundment leachate even though pretreatment is listed four petroleum refining process replacement and accordingly is neither required by the CWA nor wastes as hazardous (63 FR 42110). providing in today’s rule that the needed. EPA is also concerned about Under the derived-from rule, EPA temporary deferral applies to leachate other potential disruption of existing, presumes that the leachate derived from derived exclusively from the newly- reasonable methods of leachate these listed wastes may pose risks, listed petroleum wastes, and that the management. The Agency believes that particularly when managed in land- deferral is conditioned on managing the the issue of whether disruptions can be based units such as surface leachate in tanks or other non-land minimized through integration of CWA impoundments. In light of this, EPA disposal units. This condition takes and RCRA rules will be more amenable believes the approach that best effect in two years. During the two year to resolution once the CWA rulemaking integrates RCRA and the CWA during period, the temporary deferral applies to in completed. EPA is therefore acting to prevent this EPA’s examination of a long-term the leachate even if managed in potential needless duplication and accommodation, is to condition the impoundments. Impoundments which disruption by deferring the applicability deferral on replacing existing surface stop receiving the leachate (or any other of the listing to leachate which is impoundment storage with storage in hazardous waste) after two years are subject to regulation under the CWA, tanks (or operate with fully regulated inactive units which are not subject to which in this case includes not only subtitle C impoundments). The EPA subtitle C requirements. See generally direct discharges under NPDES and intends to continue studying the 55 FR 39409 (Sept. 27, 1990) (disposal indirect discharges to POTWs through a broader issue of the risks that may be units holding hazardous wastes on date sewer system, but also transfers to posed by managing wastewaters in of listing or identification of that waste POTWs by truck, rail, or dedicated surface impoundments, and is as hazardous are not subject to subtitle pipeline (a chief concern motivating conducting a surface impoundment C requirements so long as additional today’s rule). Therefore, today’s study that will characterize these types hazardous wastes are not added to the regulatory text specifically mentions of risks. The scope of this study will unit and the hazardous wastes in the transfers of leachate to POTWs by truck, include surface impoundments in use at unit are not actively managed). Should rail, or dedicated pipeline as a means to various types of facilities, including the impoundments receive hazardous satisfy the condition of managing certain landfills that manage (including leachate which leachate subject to regulation under the and . otherwise would be subject to this CWA. Since this deferral is directly tied EPA received support for this position temporary deferral) after the two year to the on-going CWA rulemaking for from commenters. One commenter date, the impoundment unit would landfill wastewaters, the deferral will representing a national environmental last at least until that rulemaking is organization strongly favored this result. 2 Comments PR3A–00002, 00007, L0001, L0002, L0003; also, Notes from Meeting Between EPA and completed. Some MSWLF owner/operators also Representatives of Landfill Industry, Memo to However, the Clean Water Act rules, stated that they would replace their Docket F–98-PR3A-FFFFF from Ross Elliott, because they apply to leachate when it surface impoundments with leachate January 16, 1999. Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations 6809 become a regulated unit subject to all deferral, most logically at the 3. Wastes Derived From the Leachate subtitle C requirements. The EPA feels conclusion of the Clean Water Act Two commenters asked about the that this approach minimizes the rulemaking. status of solids generated from on-site immediate disruption that would occur B. What Are the Implications of the wastewater treatment (e.g., filter cake). should these impoundments suddenly Temporary Deferral for Related They stated that this is particularly be forced to close, while providing an Management Practices Preceding important because these solids are put environmentally beneficial result in the Discharge Pursuant to CWA Limitations back into the landfill from which the expeditious conversion of these and Standards? leachate was collected for treatment. impoundments to tanks. Because today’s deferral applies at the 1. Landfill Gas Condensate V. Response to Comments point of generation of the leachate, One commenter asked whether which would be prior to any wastewater EPA was specific in stating in the landfill gas condensate would be treatment the leachate might undergo as NODA that the scope of this proceeding regulated as a derived-from hazardous part of compliance with the CWA is the narrow classification and waste, should the landfill owner/ (including on-site wastewater management of leachate generated from operator determine that the landfill treatment), these solids would be landfills that disposed of one or more of disposed of any of the petroleum derived from treating a non-listed waste. the newly-listed petroleum wastes prior refinery wastes prior to, but not after, Therefore, assuming the conditions of to the effective date, where the leachates the effective date. Landfill gas the deferral promulgated today for are not defined as hazardous for any condensate is the liquid (primarily leachate apply (and therefore the other reason, and are (in particular) water) from moisture within the landfill leachate is temporarily not a listed being managed pursuant to Clean Water gas being recovered, which is generated waste), solids from treating this leachate Act requirements. The EPA received as a result of gas recovery processes at would only be hazardous wastes if they comments primarily on this issue, and the municipal solid waste landfill (see are listed independently (which they are is responding to those comments in this 40 CFR 258.28(c)(2)) (see item B.4. not under existing rules), or exhibit a preamble. EPA is not addressing below). The commenter stated that characteristic of hazardous waste. EPA comments raising regulatory and policy landfill gas condensate is often co- considered whether there should be a issues not directly related to the managed with leachate, by either concern about the fate of the hazardous temporary deferral. EPA is retaining treatment and discharge under the Clean constituents that might be contained in those comments as part of the record of the solids, particularly if the source of this action. Water Act, or by recirculation (discussed in more detail later). Based the constituents was from the A. Need for Temporary Deferral on the limited data currently available, previously disposed refinery wastes. Nearly all commenters agreed that a it appears that this condensate is EPA believes this concern is reduced, deferral for landfill leachate, that would substantially identical (in terms of however, because the hazardous otherwise be classified as listed identity and concentration of hazardous constituents of concern that caused hazardous waste due to the new constituents) to the leachate. In fact, most of these newly-listed petroleum petroleum refinery listings, was EPA’s proposed rule on effluent wastes to be listed (benzene and arsenic) necessary to avoid disrupting current guidelines and pretreatment standards are covered by the Toxicity leachate management practices while for landfills includes condensate along Characteristic (TC). Further, an estimate allowing the EPA to evaluate the issue with leachate in the group of ‘‘landfill of the volume of sludges generated from more carefully. wastewaters’’ subject to that rulemaking. treating leachate (using leachate One commenter, however, found the 63 FR 6429. Therefore, the Agency is volumes submitted to EPA in Agency’s record in support of the NODA including landfill gas condensate along comments, and assuming a 0.1% solids to be lacking sufficient information to with landfill leachate in the scope of content and a 50% recovery efficiency) determine whether a deferral is today’s deferral. is about 100 metric tons per year, much necessary. This comment seemed to lower than the volume of the newly- 2. Leachate Collected and Recirculated listed refinery wastes used in the risk state that there should be more available Within the Landfill information before EPA makes a risk- assessment in support of the listings based determination regarding whether Two commenters also questioned how (70,300 metric tons per year in 1992). to regulate these leachates. Today’s a temporary deferral would affect 4. Landfill Gas Management action is a narrower determination, leachate (and condensate) which is Landfills can generate gas, which is however, and rests on bases fully set out recirculated within the landfill, a relatively common practice (see 56 FR derived not from the leachate but from in the NODA. EPA is issuing the the disposed solid wastes. It is highly temporary deferral to avoid the potential 51055 (October 9, 1991)). Under existing interpretations, movement of waste desirable to control these gaseous duplication and disruption which could emissions both for safety reasons (to be created when integrating the within a land disposal unit is not itself land disposal. See, e.g., 55 FR 8758– avoid potential fires and explosions) requirements imposed on leachate and to prevent air pollution (especially management by the petroleum listing 8760 (March 8, 1990); 55 FR 30843 (July 27, 1990). Consequently, such activity from methane, a significant greenhouse rule, and the pending Clean Water Act gas). Municipal landfills do typically regulation. EPA needs to take action would not result in subtitle C regulation of the unit so long as the leachate was monitor and control the emission of now since affected persons would face explosive gases (methane in particular). a shutdown of current leachate merely recirculated in the unit. 55 FR 8760; 55 FR 30843. This would be the See 40 CFR 258.23. Clean Air Act management systems (in particular, by regulations further require municipal POTWs receiving trucked leachate) and result whether or not EPA adopted the temporary deferral in today’s rule.3 landfills above a given design capacity be forced immediately to construct (2.5 million megagrams and 2.5 million alternative leachate treatment facilities 3 EPA thus disagrees with the implication of the cubic meters) to capture and control which could well prove to be comment that a section 1006 rationale would not unnecessary. There will be apply to such recirculation, since the comment’s within the landfill automatically makes the landfill opportunities to revisit the temporary premise is that recirculation of collected leachate a regulated unit if the leachate is a hazardous waste. 6810 Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations non-methane organic compounds situations, while this temporary deferral (1) Have an annual effect on the (NMOCs) if greater than 50 megagrams is in effect. This is because the critical economy of $100 million or more or of NMOCs per year are emitted. See 40 risk normally posed by impoundments, adversely affect in a material way the CFR part 60, subparts Cc and WWW creation of a pressure head that forces economy, a sector of the economy, (implementing section 111 of the Clean downward dispersion of leachate and productivity, competition, jobs, the Air Act). EPA does not regard any of other liquid in the impoundment (see environment, public health or safety, or these salutary landfill gas management Chemical Manufacturers Ass’n v. EPA, State, local, or tribal governments or techniques as constituting active 919 F. 2d 158, 166–67, (D.C. Cir. 1990)) communities; management of the landfilled waste would be less present for this type of (2) Create a serious inconsistency or which could result in subtitle C emergency impoundment since by otherwise interfere with an action taken regulation of the landfill. See generally definition it is only used in emergency or planned by another agency; 54 FR 36597 (Sept. 1, 1989; 55 FR 39409 situations, and therefore will not (3) Materially alter the budgetary (Sept. 27, 1990). The concept does not contain liquid most of the time. It seems impact of entitlements, grants, user fees, include management of releases from better policy not to require replacement or loan programs or rights and otherwise inactive units. Indeed, a of this type of impoundment pending obligations or recipients thereof; or different reading would create an more analysis of the leachate. Therefore, (4) Raise novel legal or policy issues incentive not to control such releases. the EPA is adding a provision to the arising out of legal mandates, the EPA consequently does not view the temporary deferral to allow the use of President’s priorities, or the principles August 6, 1998 listing rule as triggering surface impoundments for the non- set forth in Executive Order 12866. subtitle C regulation of landfill gas routine, emergency storage of leachate Pursuant to the terms of Executive control operations at landfills which exempted under today’s final rule, Order 12866, it has been determined previously received the listed wastes. (It provided the exempt leachate is that this rule is a ‘‘significant regulatory should also be noted that the burning of removed from the impoundments and action’’ because of policy issues arising landfill gas for energy recovery, even if either returned to the tank-based out of legal mandates. The leachate the gas is hazardous waste, is exempt wastewater treatment system, or management option elected by the from Subtitle C regulation. 56 FR 7203, otherwise discharged under the CWA, Agency does not, since its expected February 21, 1991.) as soon as practicable after the annual cost is so low (see Economic C. Conditions of Temporary Deferral emergency ends. Analysis for explanation), affect the Executive Order 12866 determination As described earlier in this document, D. Determining Whether a Landfill that would otherwise be made. As such, EPA requested comment on several Previously Received the Newly Listed this action was submitted to OMB for conditions of the temporary deferral. Wastes review. Changes made in response to The question of whether the proposed One commenter requested that EPA OMB suggestions or recommendations deferral should apply to impoundments are documented in the public record. managing the leachate generated clarify what specific records or other comments on both sides of the issue. information are required to determine 1. Economic Analysis whether a landfill historically received Some commenters felt that well- Background designed surface impoundments located and disposed of one or more of the at municipal solid waste landfills newly-listed petroleum wastes. Common disposal practices for the provided adequate protection to Specifically, the commenter cited a four petroleum refining wastes are off- groundwater. As discussed earlier, EPA situation where several petroleum site disposal in industrial and generally disagrees and has conditioned refineries are located within a landfill’s municipal solid waste landfills. Design the temporary deferral on cessation of service area, and whether they must criteria require the installation of use of surface impoundments within presume that the landfill accepted the leachate collection systems at new two years. There is one type of refinery wastes that the Agency later landfills (or lateral expansions of impoundment, however, that could listed as hazardous. Determining existing landfills). Subsequently, continue to receive the leachate without whether a landfill accepted a particular leachate derived from the four losing the benefit of the temporary listed waste is a case-by-case factual petroleum wastes has traditionally been deferral. A commenter stated that one of determination. Ordinarily, however, the collected and recirculated, treated, or their landfill facilities historically presence of a petroleum refinery in the discharged under the Clean Water Act. received some of the newly-listed general service area of the landfill, As described in more detail in the petroleum refinery wastes, and that without more information, would not August 6, 1998 NODA, as well as in facility maintains a surface require a determination that the listed today’s rule, the listing for the four impoundment with the capacity to store wastes were disposed at the facility. See petroleum refinery wastes on August 6, 30 days worth of leachate accumulation 53 FR 51444 (Dec. 21, 1988); 55 FR 8758 1998 (63 FR 42110), results in leachate in the event of an emergency shutdown (Mar. 9, 1990); also 61 FR 18805 (April that is actively managed from these of the treatment plant located on site. 29, 1996), 63 FR 28619 (May 26, 1998). landfills to be hazardous under the The commenter stated that this derived-from rule. Also, when the impoundment has not been used in over VI. Administrative Assessments leachate from these four wastes mixes two years, is constructed with two A. Executive Order 12866 with leachate from other wastes synthetic liners, and has a floating roof. disposed in these landfills, the entire The commenter explained that requiring Under Executive Order 12866, EPA leachate quantity is considered this impoundment to be replaced with must determine whether a regulatory hazardous under the mixture rule. By tanks would be an unnecessary expense action is significant and, therefore, changing the regulatory status of this with little environmental benefit. The subject to OMB review and the other leachate to be covered under Subtitle C Agency agrees with this commenter that provisions of the Executive Order. A of RCRA, these landfills may bear an it may not make sense to replace an significant regulatory action is defined increase in management costs. EPA impoundment that is not in use, or that by Executive Order 12866 as one that estimates that between 58 to 125 is used infrequently in emergency may: landfills may be affected. The range Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations 6811 reflects the difference between known collection system at Subtitle C landfills between the costs of the two options is recipients of the wastes (based on and do not need to meet Subpart J attributable largely to the costs information received in comments), and standards for tanks. Leachate collected associated with trucking hazardous information about other landfills that and recirculated back into the landfill leachate to commercial wastewater possibly received the wastes, from the the Agency considers not to be ‘‘actively treatment facilities instead of POTWs, economic analysis in support of the managed’’ and therefore does not trigger costs which are not relevant under the petroleum waste listing rulemaking. listing regulations. Indirect discharge of Temporary Deferral option. The Regulatory Options leachate through the sewer to non- difference between ‘‘known’’ and ‘‘worst POTWs, and transfer of leachate to a case’’ costs is attributable to the The following two regulatory actions POTW by truck, rail, or dedicated pipe, uncertainty in landfill count as noted have been evaluated: are both practices under which the above. The following summarizes Table 1. Temporary Deferral (including leachate would not be excluded from 1: Surface Impoundments Converted to the definition of solid waste; transfer of Incremental compliance costs for the Tanks within 2 Years): Upon signature non-exempt leachate off-site for the leachate is exempt from being treatment is a practice that would known (58 landfills) and estimated regulated as hazardous under RCRA preclude the wastewater treatment unit worst case (125 landfills) population of Subtitle C if it is appropriately managed exemption at the landfill site; and affected landfills that received these under the Clean Water Act (e.g., NPDES management of leachate in surface four waste streams are estimated to discharge, POTW disposal via pipeline, impoundments is a management range from $62 to $219 million under and trucking to an off-site POTW). After practice that is not exempt. the Standard Listing regulatory option. two years, surface impoundments will This range is due to the two different no longer be allowed to manage exempt Cost Methodology populations of affected landfills used leachate. If the leachate is managed in The basic cost methodology involved (i.e., known and worst case), and also a surface impoundment after two years the following steps: reflects a 10-year period of leachate the impoundment will be subject to 1. Estimate number of facilities generation and a 20-year amortization regulation under Subtitle C. This involved. The uncertainty in this is the period. However, the upper bound of regulatory option assumes that landfill primary reason for the costs range given this cost range may be considerably operators will avoid Subtitle C below. lower as the result of possible savings regulation by building tank systems to 2. Estimate current or baseline costs. gained through contract negotiations for replace their impoundments before the These include costs based on data repeat customers who provide two-year deadline. However, after two provided in comments submitted by consistent revenue streams to shipping years impoundments can still be used industry, and reflect costs prior to the companies through their regularly for emergency storage of exempt date on which the petroleum listings scheduled shipments of leachate. The leachate and it will continue to remain become effective (February 8, 1999). Cost Impact Analysis background exempt from Subtitle C regulation. 3. Determine procedures for the document prepared in support of 2. Standard Listing: Treat the management of the wastes under today’s rule contains additional Leachate as Hazardous Waste and proposed regulatory option(s). Many incremental cost estimates under the Subject to Subtitle C Regulation under steps are involved in this waste Standard Listing option, using differing the Derived-From and Mixture Rules. management train. periods of leachate generation and cost Existing exemptions apply under the 4. Determine leachate quantities amortization. Standard Listing regulatory option involved. including the wastewater treatment unit 5. Determine costs to manage leachate Incremental costs are estimated to be exemption (on-site tanks and associated under the proposed option(s). between $130,000 and $280,000 piping are not Subject to Subtitle C 6. Determine the incremental cost annually for the Clean Water Act permits and standards if they meet the associated with each option. Exemption with Two-year definition of wastewater treatment unit, Impoundment Replacement Deferral discussed in detail in the August 6, Compliance Cost Estimates regulatory option, with only 8 to 17 of 1998 NODA). In addition, leachate Table 1 below presents estimated the affected landfills expected to collection sumps are considered to be incremental costs for the two options currently operate a surface an integral part of the leachate noted. The very marked difference impoundment. TABLE 1.ÐCOMPLIANCE COSTS ESTIMATED FOR LANDFILLS THAT RECEIVED PETROLEUM (K169ÐK172) WASTES

Truck to Trucked to POTW/Recir- Recirculate POTW NPDES Evaporation No leachate or Total POTW culate only hardpipe pond condensate

STANDARD LISTING REGULATORY OPTION Incremental Average Annual Compliance Cost per $2.64±$4.34 $2.16±$3.54 0 0 $0.01 $0.01 0 Landfill. ($million/landfill) ...... Known Total ...... $47±$78 $15±$25 0 0 $0.05 $0.01 0 $62±$103 ($ million/year) ...... (18 LF; 0 SI) (7 LF; 1 SI) (11 LF; 2 SI) (12 LF; 0 SI) (5 LF; 4 SI) (1 LF; 1 SI) (4 LF; 0 SI) (58 LF; 8 SI) Worst Case ...... $103±$169 $30±$50 0 0 $0.11 $0.02 0 $133±$219 ($ million/year) ...... (39 LF; 0 SI) (14 LF; 2 SI) (23 LF; 4 SI) (27 LF; 0 SI) (11 LF; 9 SI) (2 LF; 2 SI) (9 LF; 0 SI) (125 LF; 17 SI) TEMPORARY DEFERRAL REGULATORY OPTION (Surface Impoundments Converted to Tank Sys- tems w/in 2 Years)1 Incremental Average Annual Compliance Cost per 0 $0.006 $0.002 0 $0.012 $0.009 0 Landfill. ($million/landfill) ...... Known Total ...... 0 $0.042 $0.022 0 $0.060 $0.009 0 $0.13 ($ million/year) ...... (18 LF; 0 SI) (7 LF; 1 SI) (11 LF; 2 SI) (12 LF; 0 SI) (5 LF; 4 SI) (1 LF; 1 SI) (4 LF; 0 SI) (58 LF; 8 SI) 6812 Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations

TABLE 1.ÐCOMPLIANCE COSTS ESTIMATED FOR LANDFILLS THAT RECEIVED PETROLEUM (K169ÐK172) WASTESÐ Continued

Truck to Trucked to POTW/Recir- Recirculate POTW NPDES Evaporation No leachate or Total POTW culate only hardpipe pond condensate

Worst Case ...... 0 $0.084 $0.046 0 $0.132 $0.018 0 $0.28 ($ million/year) ...... (39 LF; 0 SI) (14 LF; 2 SI) (23 LF; 4 SI) (27 LF; 0 SI) (11 LF; 9 SI) (2 LF; 2 SI) (9 LF; 0 SI) (125 LF; 17 SI) 1 This regulatory option assumes that surface impoundments will be closed and replaced with newly constructed tank systems w/in 2 years. It assumes that an exemption from Subtitle C regu- lation is granted up until the point the leachate enters any impoundment.

B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act requirements of sections 202 and 205 of UMRA. Pursuant to the Regulatory Flexibility Title II of the Unfunded Mandates Act (5 U.S.C. 601 et seq., as amended by Reform Act of 1995 (UMRA), Public D. Paperwork Reduction Act the Small Business Regulatory Law 104–4, establishes requirements for This rule does not contain any new Enforcement Fairness Act (SBREFA) of Federal agencies to assess the effects of information collection requirements 1996) whenever an agency is required to their regulatory actions on State, local, subject to OMB review under the publish a notice of rulemaking for any and tribal governments and the private Paperwork Reduction Act of 1995, 44 proposed or final rule, it must prepare sector. Under section 202 of the UMRA, U.S.C. 3501 et seq. Facilities will have and make available for public comment EPA generally must prepare a written to comply with the existing Subtitle C a regulatory flexibility analysis that statement, including a cost-benefit recordkeeping and reporting describes the effect of the rule on small analysis, for proposed and final rules requirements for the newly listed waste entities (i.e., small businesses, small with ‘‘Federal mandates’’ that may streams. To the extent that this rule imposes organizations, and small governmental result in expenditures to State, local, any information collection requirements jurisdictions). However, no regulatory and tribal governments, in the aggregate, or to the private sector, of $100 million under existing RCRA regulations flexibility analysis is required if the promulgated in previous rulemakings, head of an agency certifies the rule will or more in any one year. Before promulgating an EPA rule for which a those requirements have been approved not have a significant economic impact written statement is needed, section 205 by the Office of Management and on a substantial number of small of the UMRA generally requires EPA to Budget (OMB) under the Paperwork entities. identify and consider a reasonable Reduction Act, 44 U.S.C. 3501 et seq., SBREFA amended the Regulatory number of regulatory alternatives and and have been assigned OMB control Flexibility Act to require Federal adopt the least costly, most cost- numbers 2050–0009 (ICR no. 1573, Part agencies to provide a statement of the effective or least burdensome alternative B Permit Application, Permit factual basis for certifying that a rule that achieves the objectives of the rule. Modifications, and Special Permits); will not have a significant economic The provisions of section 205 do not 2050–0120 (ICR 1571, General Facility impact on a substantial number of small apply when they are inconsistent with Hazardous Waste Standards); 2050– 0028 (ICR 261, Notification of entities. The following discussion applicable law. Moreover, section 205 Hazardous Waste Activity); 2050–0034 explains EPA’s determination. allows EPA to adopt an alternative other than the least costly, most cost-effective (ICR 262, RCRA Hazardous Waste The Regulatory Flexibility Act (RFA) or least burdensome alternative if the Permit Application and Modification, of 1980 requires Federal agencies to Administrator publishes with the final Part A); 2050–0039 (ICR 801, consider impacts on ‘‘small entities’’ rule an explanation why that alternative Requirements for Generators, throughout the regulatory process. was not adopted. Before EPA establishes Transporters, and Waste Management Section 603 of the RFA calls for an any regulatory requirements that may Facilities under the Hazardous Waste Manifest System); 2050–0035 (ICR 820, initial screening analysis to be significantly or uniquely affect small Hazardous Waste Generator Standards); performed to determine whether small governments, including tribal and 2050–0024 (ICR 976, 1997 entities will be adversely affected by the governments, it must have developed Hazardous Waste Report. regulation. Larger, regional landfills are under section 203 of the UMRA a small more likely to have managed industrial government agency plan. The plan must E. Executive Order 12875: Enhancing waste along with municipal waste (and provide for notifying potentially the Intergovernmental Partnership therefore be potentially affected by this affected small governments, enabling Under Executive Order 12875, EPA rule), and are typically entities of larger officials of affected small governments may not issue a regulation that is not business organizations. However, the to have meaningful and timely input in required by statute and that creates a costs for the selected management the development of EPA regulatory mandate upon a State, local or tribal option are very low, even for those proposals with significant Federal government, unless the Federal small and municipally-owned landfills intergovernmental mandates, and government provides the funds that have determined they are affected informing, educating, and advising necessary to pay the direct compliance by today’s deferral (the average annual small governments on compliance with costs incurred by those governments, or cost of the selected management option the regulatory requirements. EPA consults with those governments. If is approximately $15,000/year per The Agency’s analysis of compliance EPA complies by consulting, Executive facility for those facilities managing with the Unfunded Mandates Reform Order 12875 requires EPA to provide to leachate in surface impoundments). Act (UMRA) of 1995 found that the the Office of Management and Budget a Therefore, EPA concludes that there proposed action imposes no enforceable description of the extent of EPA’s prior will be no significant impact on small duty on any State, local or tribal consultation with representatives of entities from the regulatory action governments or the private sector; thus affected State, local and tribal selected. today’s rule is not subject to the governments, the nature of their Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations 6813 concerns, any written communications Risks’’ (62 FR 19885, April 23, 1997) that no segment of the population, from the governments, and a statement applies to any rule that: (1) Is regardless of race, color, national origin, supporting the need to issue the determined to be ‘‘economically or income, bears disproportionately regulation. In addition, Executive Order significant’’ as defined under E.O. high and adverse human health and 12875 requires EPA to develop an 12866, and (2) concerns an environmental effects as a result of effective process permitting elected environmental health or safety risk that EPA’s policies, programs, and activities, officials and other representatives of EPA has reason to believe may have a and all people live in clean and State, local and tribal governments ‘‘to disproportionate effect on children. If sustainable communities. To address provide meaningful and timely input in the regulatory action meets both criteria, this goal, EPA considered the impacts of the development of regulatory proposals the Agency must evaluate the this final rule on low-income containing significant unfunded environmental health or safety effects of populations and minority populations mandates.’’ the planned rule on children, and and concluded that the leachate Today’s rule does not create a explain why the planned regulation is management option selected by the mandate on State, local or tribal preferable to other potentially effective Agency for this final rule would have no governments. The rule does not impose and reasonably feasible alternatives impact on nearby minority and low any enforceable duties on these entities. considered by the Agency. income populations. Accordingly, the requirements of This rule is not subject to E.O. 13045 section 1(a) of Executive Order 12875 do because it is not an economically VII. The Congressional Review Act not apply to this rule. significant rule as defined by E.O. The Congressional Review Act, 5 12866, and because it does not involve F. Executive Order 13084: Consultation U.S.C. 801 et seq., as added by the Small decisions based on environmental and Coordination with Indian Tribal Business Regulatory Enforcement health or safety risks. Governments Fairness Act of 1996, generally provides that before a rule may take effect, the Under Executive Order 13084, EPA H. National Technology Transfer and Advancement Act of 1995 agency promulgating the rule must may not issue a regulation that is not submit a rule report, which includes a required by statute, that significantly or Section 12(d) of the National copy of the rule, to each House of the uniquely affects the communities of Technology Transfer and Advancement Congress and to the Comptroller General Indian tribal governments, and that Act of 1995 (‘‘NTTAA’’), Pub. L. 104– of the United States. EPA will submit a imposes substantial direct compliance 113, section 12(d) (15 U.S.C. 272 note) report containing this rule and other costs on those communities, unless the directs EPA to use voluntary consensus required information to the U.S. Senate, Federal government provides the funds standards in its regulatory activities the U.S. House of Representatives, and necessary to pay the direct compliance unless to do so would be inconsistent the Comptroller General of the United costs incurred by the tribal with applicable law or otherwise States prior to publication of the rule in governments, or EPA consults with impractical. Voluntary consensus the Federal Register. A Major rule those governments. If EPA complies by standards are technical standards (e.g., cannot take effect until 60 days after it consulting, Executive Order 13084 materials specifications, test methods, is published in the Federal Register. requires EPA to provide to the Office of sampling procedures, and business This action is not a ‘‘major rule’’ as Management and Budget, in a separately practices) that are developed or adopted defined by 5 U.S.C. 804(2). This rule identified section of the preamble to the by voluntary consensus standards will be effective immediately. rule, a description of the extent of EPA’s bodies. The NTTAA directs EPA to prior consultation with representatives provide Congress, through OMB, VIII. Rationale for Immediate Effective of affected tribal governments, a explanations when the Agency decides Date summary of the nature of their concerns, not to use available and applicable Because this rule eliminates possible and a statement supporting the need to voluntary consensus standards. This regulation, the regulated community issue the regulation. In addition, proposed rulemaking does not involved does not need 6 months to comply, so Executive Order 13084 requires EPA to technical standards. Therefore, EPA is that the rule may be made effective develop an effective process permitting not considering the use of any voluntary immediately pursuant to RCRA section elected officials and other consensus standards. 3010 (b) (1). For the same reason, it is representatives of Indian tribal I. Executive Order 12898: not necessary to delay the rule’s governments ‘‘to provide meaningful Environmental Justice effectiveness for 30 days pursuant to 5 and timely input in the development of U.S.C. 553 (b) (1). regulatory policies on matters that Under Executive Order 12898, significantly or uniquely affect their ‘‘Federal Actions to Address List of Subjects in 40 CFR Part 261 communities.’’ Environmental Justice in Minority Environmental protection, Hazardous Today’s rule does not significantly or Populations and Low-Income materials, and disposal, uniquely affect the communities of Populations,’’ as well as through EPA’s . April 1995, ‘‘Environmental Justice Indian tribal governments. There is no Dated: February 5, 1999. Strategy, OSWER Environmental Justice impact to tribal governments as the Carol M. Browner, result of the leachate management Task Force Action Agenda Report,’’ and Administrator. action selected. Accordingly, the National Environmental Justice For the reasons set out in the requirements of section 3(b) of Advisory Council, EPA has undertaken preamble, title 40, chapter I, of the Code Executive Order 13084 do not apply to to incorporate environmental justice of Federal Regulations is amended as this rule. into its policies and programs. EPA is committed to addressing environmental follows: G. Executive Order 13045: Protection of justice concerns, and is assuming a Children from Environmental Health PART 261ÐIDENTIFICATION AND leadership role in environmental justice LISTING OF HAZARDOUS WASTE Risks and Safety Risks initiatives to enhance environmental ‘‘Protection of Children from quality for all residents of the United 1. The authority citation for Part 261 Environmental Health Risks and Safety States. The Agency’s goals are to ensure continues to read as follows: 6814 Federal Register / Vol. 64, No. 28 / Thursday, February 11, 1999 / Rules and Regulations

Authority: 42 U.S.C. 6905, 6912(a), 6921, ACTION: Notice of deletion of the Fund-financed actions may be taken at 6922, 6924(y), and 6938. Whittaker Corporation Superfund Site sites deleted from the NPL in the 2. Section 261.4 is amended by from the National Priorities List (NPL). unlikely event that conditions at the site adding paragraph (b)(15) to read as warrant such action. Deletion of a site SUMMARY: The Environmental Protection follows. from the NPL does not affect responsible Agency (EPA) announces the deletion of party liability or impede agency efforts § 261.4 Exclusions the Whittaker Corporation Superfund to recover costs associated with * * * * * Site in Minnesota from the National response efforts. (b) * * * Priorities List (NPL). The NPL is List of Subjects in 40 CFR Part 300 (15) Leachate or gas condensate Appendix B of 40 CFR part 300 which collected from landfills where certain is the National Oil and Hazardous Environmental protection, Air solid wastes have been disposed, Substances Contingency Plan (NCP), pollution control, Chemicals, Hazardous provided that: which EPA promulgated pursuant to substances, Hazardous Waste, (i) The solid wastes disposed would section 105 of the Comprehensive Intergovernmental relations, Penalties, meet one or more of the listing Environmental Response, Reporting and recordkeeping descriptions for Hazardous Waste Codes Compensation, and Liability Act of 1980 requirements, Superfund, Water K169, K170, K171, and K172 if these (CERCLA), as amended. This action is pollution control, Water supply. being taken by EPA and the State of wastes had been generated after the Dated: January 27, 1999. effective date of the listing (February 8, Minnesota, because it has been determined that Responsible Parties William E. Muno, 1999); Acting Regional Administrator, Region V. (ii) The solid wastes described in have implemented all appropriate paragraph (b)(15)(i) of this section were response actions required. Moreover, 40 CFR part 300 is amended as disposed prior to the effective date of EPA and the State of Minnesota have follows: determined that remedial actions the listing; PART 300Ð[AMENDED] (iii) The leachate or gas condensate do conducted at the site to date remain not exhibit any characteristic of protective of public health, welfare, and 1. The authority citation for Part 300 hazardous waste nor are derived from the environment. continues to read as follows: EFFECTIVE DATE: February 11, 1999. any other listed hazardous waste; Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. (iv) Discharge of the leachate or gas FOR FURTHER INFORMATION CONTACT: 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, condensate, including leachate or gas Gladys Beard at (312) 886–7253, 1991 Comp.; p.351; E.O. 12580, 52 FR 2923, condensate transferred from the landfill Associate Remedial Project Manager, 3 CFR, 1987 Comp.; p. 193. to a POTW by truck, rail, or dedicated Superfund Division, U.S. EPA—Region Appendix B [Amended] pipe, is subject to regulation under V, 77 West Jackson Blvd., Chicago, IL sections 307(b) or 402 of the Clean 60604. Information on the site is 2. Table 1 of Appendix B to part 300 Water Act. available at the local information is amended by removing the Site (v) After February 13, 2001, leachate repository located at: Minnesota ‘‘Whittaker Corp., Minneapolis, or gas condensate will no longer be Pollution Control Agency, 520 Lafayette Minnesota.’’ exempt if it is stored or managed in a Rd. North, St. Paul, Minnesota 55155– [FR Doc. 99–3142 Filed 2–10–99; 8:45 am] surface impoundment prior to 4194. Requests for comprehensive BILLING CODE 6560±50±P discharge. There is one exception: if the copies of documents should be directed surface impoundment is used to formally to the Regional Docket Office. temporarily store leachate or gas The contact for the Regional Docket DEPARTMENT OF TRANSPORTATION condensate in response to an emergency Office is Jan Pfundheller (H–7J), U.S. situation (e.g., shutdown of wastewater EPA, Region V, 77 W. Jackson Blvd., Research and Special Programs treatment system), provided the Chicago, IL 60604, (312) 353–5821. Administration impoundment has a double liner, and SUPPLEMENTARY INFORMATION: The site to provided the leachate or gas condensate be deleted from the NPL is: Whittaker 49 CFR Part 195 is removed from the impoundment and Corporation located in Minneapolis, [Docket No. PS±144; Amendment 195±65] continues to be managed in compliance Minnesota. A Notice of Intent to Delete with the conditions of this paragraph for this site was published December 14, [RIN 2137±AC78] after the emergency ends. 1998 (63 FR 68714). The closing date for Risk-Based Alternative to Pressure * * * * * comments on the Notice of Intent to Testing Older Hazardous Liquid and Delete was January 12, 1999. EPA [FR Doc. 99–3426 Filed 2–10–99; 8:45 am] Carbon Dioxide Pipelines Rule; received no comments and therefore no BILLING CODE 6560±50±P Correction Responsiveness Summary was prepared. The EPA identifies sites which appear AGENCY: Research and Special Programs ENVIRONMENTAL PROTECTION to present a significant risk to public Administration (RSPA), DOT. AGENCY health, welfare, or the environment and ACTION: Final rule; correction. it maintains the NPL as the list of those 40 CFR Part 300 sites. Sites on the NPL may be the SUMMARY: This document corrects a subject of Hazardous Substance final rule published November 4, 1998 [FRL±6232±1] Response Trust Fund (Fund-) financed (63 FR 59475). This final rule allows National Oil and Hazardous remedial actions. Any site deleted from operators of older hazardous liquid and Substances Contingency Plan; the NPL remains eligible for Fund- carbon dioxide pipelines to elect a risk- National Priorities List Update financed remedial actions in the based alternative in lieu of the existing unlikely event that conditions at the site hydrostatic pressure test rule. This AGENCY: Environmental Protection warrant such action. Section document makes a minor correction by Agency. 300.425(e)(3) of the NCP states that removing an unrelated sentence that