Rule2025-17524
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Rule; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2025
Effective
September 11, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is correcting a typographical error in a final rule published in the Federal Register on June 17, 2025. The final rule granted a petition submitted by WRB Refining in Borger, Texas to exclude (or "delist") 7,000 cubic yards of F037 (petroleum refinery sludge) solids to be removed from their stormwater storage tanks for a one-time delisting.
Full Text
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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Rules and Regulations]
[Pages 43921-43923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17524]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R06-RCRA-2022-0653; FRL-10104-03-R6]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Rule; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
correcting a typographical error in a final rule published in the
Federal Register on June 17, 2025. The final rule granted a petition
submitted by WRB Refining in Borger, Texas to exclude (or ``delist'')
7,000 cubic yards of F037 (petroleum refinery sludge) solids to be
removed from their stormwater storage tanks for a one-time delisting.
DATES: Effective on September 11, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-RCRA-2022-0653. All documents in this docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosures is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, RCRA Permits & Solid
Waste Section (LCR-RP) Land, Chemical and Redevelopment Division,
Environmental Protection Agency Region 6, 1201 Elm Street, Suite 500,
Dallas, TX 75270, telephone number: (214) 665-8533; email address:
<a href="/cdn-cgi/l/email-protection#45352431312037362a2b6b24292c2824052035246b222a33"><span class="__cf_email__" data-cfemail="6b1b0a1f1f0e19180405450a0702060a2b0e1b0a450c041d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On June 17, 2025 (90 FR 25502), the EPA
published a final rule to grant a delisting petition submitted by WRB
Refining in Borger, Texas to exclude (or ``delist'') 7,000 cubic yards
of F037 (petroleum refinery sludge) solids to be removed from their
stormwater storage tanks for a one-time delisting. After publication
the Agency identified a typographical error in the amendatory
instruction. Specifically, amendatory instruction 2. directed that the
entry for ``WRB Refinery LP'' be added in alphabetical order to table 1
of appendix IX. However, the EPA intended amendatory instruction 2. to
read ``Amend table 1 of appendix IX by adding the entry ``WRB Refining
LP'' in alphabetical order to read as follows:'' This document corrects
amendatory instruction 2. by directing that ``WRB Refining LP'' be
added to table 1 of appendix IX as intended.
Lists of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Eunice A. Varughese,
Director, Land, Chemicals and Redevelopment Division, U.S. EPA Region
6.
Accordingly, 40 CFR part 261 is corrected by making the following
correcting amendment:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and
6938.
0
2. Amend table 1 of appendix IX by adding the entry ``WRB Refining LP''
in alphabetical order to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 260.20 and
260.22
[[Page 43922]]
Table 1--Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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* * * * * * *
WRB Refining LP...................... Borger, TX.................... Stormwater Solids (F037) generated at a
maximum generation of 7,000 cubic yards.
(1) Delisting Levels: All leachable
constituent concentrations must not
exceed the following levels. The
petitioner must use the method specified
in 40 CFR 261.24 to measure constituents
in the waste leachate (mg/L). Stormwater
Solids Leachate: Acenaphthene-219;
Anthracene-534; Antimony-2.52; Arsenic-
0.266; Barium-7.13; Benz(a) anthracene-
10.5; Benzo(a)pyrene-3,960; Benzene-
1.59; 2-Cadmium-2.23; Carbon disulfide-
1,150; Chromium-1; Chrysene-1,050;
Cobalt-5.56; Di-n-butyl-phthalate-507;
Ethylbenzene-16.2; Fluoranthrene-50.7;
Fluorene-101; Indeno(1,2,3-cd)pyrene-
371000000000; Lead-14.7; Mercury-1.34;
Naphthalene-1.95; Nickel-279; Pyrene-
91.7; Selenium-18.10; Silver-179;
Toluene-311; Vanadium-85.6; Xylenes,
Total-177; Zinc-4,060.
(2) Waste Holding and Handling:
(A) All stormwater solids from tank clean
outs must be tested to assure they have
met the concentrations described in
paragraph (1). Solids that do not meet
the concentrations must be disposed of
as hazardous waste.
(B) Levels of constituents measured in
the samples of the solids that do not
exceed the levels set forth in
paragraph (1) are non-hazardous. WRB
Refining can manage and dispose the
non-hazardous stormwater solids
according to all applicable solid
waste regulations.
(C) WRB Refining must maintain a
record of the actual volume of the
stormwater solids to be disposed in
the Subtitle D or on-site landfill
according to the requirements in
paragraph (4).
(3) Changes in Operating Conditions: If
WRB Refining significantly changes the
process described in its petition or
starts any processes that may or could
affect the composition or type of waste
generated as established under paragraph
(1) (by illustration, but not
limitation, changes in equipment or
operating conditions of the treatment
process), they must notify the EPA in
writing; they may no longer handle the
wastes generated from the new process as
nonhazardous until the test results of
the wastes meet the delisting levels set
in paragraph (1) and they have received
written approval to do so from the EPA.
(3) (4) Data Submittals: WRB Refining
must submit the information described
below. If WRB Refining fails to submit
the required data within the specified
time or maintain the required records on-
site for the specified time, the EPA, at
its discretion, will consider this
sufficient basis to reopen the exclusion
as described in paragraph (5). WRB
Refining must:
(A) Submit the data obtained through
paragraph (3) to the Chief, RCRA
Permits & Solid Waste Section, Mail
Code, (6LCR-RP) US EPA Region 6, 1201
Elm Street, Suite 500, Dallas, TX
75270 within the time specified. Data
may be submitted via email to the
technical contact for the delisting
program.
(B) Compile records of operating
conditions and analytical data from
paragraph (3), summarized, and
maintained on-site for a minimum of
five years.
(C) Furnish these records and data
when the EPA or the State of Texas
request them for inspection.
(D) Send, along with all data, a
signed copy of the following
certification statement, to attest to
the truth and accuracy of the data
submitted: ``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code, which
include, but may not be limited to,
18 U.S.C. 1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their) truth
and accuracy, I certify as the
company official having supervisory
responsibility for the persons who,
acting under my direct instructions,
made the verification that this
information is true, accurate and
complete. If any of this information
is determined by the EPA in its sole
discretion to be false, inaccurate or
incomplete, and upon conveyance of
this fact to the company, I recognize
and agree that this exclusion of
waste will be void as if it never had
effect or to the extent directed by
the EPA and that the company will be
liable for any actions taken in
contravention of the company's RCRA
and CERCLA obligations premised upon
the company's reliance on the void
exclusion.''
(5) Reopener:
(A) If, any time after disposal of the
delisted waste, WRB Refining
possesses or is otherwise made aware
of any environmental data (including
but not limited to leachate data or
ground water monitoring data) or any
other data relevant to the delisted
waste indicating that any constituent
identified for the delisting
verification testing is at level
higher than the delisting level
allowed by the Division Director in
granting the petition, then the
facility must report the data, in
writing, to the Division Director
within 10 days of first possessing or
being made aware of that data.
(B) If the verification testing of the
waste does not meet the delisting
requirements in paragraph 1, WRB
Refining must report the data, in
writing, to the Division Director
within 10 days of first possessing or
being made aware of that data.
(C) If WRB Refining fails to submit
the information described in
paragraphs (4), (5)(A) or (5)(B) or
if any other information is received
from any source, the Division
Director will make a preliminary
determination as to whether the
reported information requires Agency
action to protect human health or the
environment. Further action may
include suspending, or revoking the
exclusion, or other appropriate
response necessary to protect human
health and the environment.
[[Page 43923]]
(D) If the Division Director
determines that the reported
information does require Agency
action, the Division Director will
notify the facility, in writing, of
the actions the Division Director
believes are necessary to protect
human health and the environment. The
notice shall include a statement of
the proposed action and a statement
providing the facility with an
opportunity to present information as
to why the proposed Agency action is
not necessary. The facility shall
have 10 days from the date of the
Division Director's notice to present
such information.
(E) Following the receipt of
information from the facility
described in paragraph (5)(D) or (if
no information is presented under
paragraph (5)(D)) the initial receipt
of information described in
paragraphs (4), (5)(A) or (5)(B), the
Division Director will issue a final
written determination describing the
Agency actions that are necessary to
protect human health or the
environment. Any required action
described in the Division Director's
determination shall become effective
immediately, unless the Division
Director provides otherwise.
(5) (6) Notification Requirements: WRB
Refining must do the following before
transporting the delisted waste: Failure
to provide this notification will result
in a violation of the delisting petition
and a possible revocation of the
decision.
(A) Provide a written notification to
any State Regulatory Agency to which,
or through which they will transport
the delisted waste described above
for disposal, 60 days before
beginning such activities. If WRB
Refining transports the excluded
waste to or manages the waste in any
State with delisting authorization,
WRB Refining must obtain delisting
authorization from that State before
it can manage the waste as
nonhazardous in the State.
(B) Update the one-time written
notification if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide the
notification will result in a
violation of the delisting variance
and a possible revocation of the
exclusion.
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[FR Doc. 2025-17524 Filed 9-10-25; 8:45 am]
BILLING CODE 6560-50-P
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