Hazardous Waste Management System; Identification and Listing of Hazardous Waste Exclusion, 12497-12501 [2012-5006]
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
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submit a rule report, which includes a
copy of the rules, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Parties with objections to this direct
final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: January 13, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52 [AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220, is amended by
adding paragraphs (c)(381)(i)(G)(2) and
(c)(381)(i)(H) to read as follows:
■
§ 52.220
Identification of plan.
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(c) * * *
(381) * * *
(i) * * *
(G) * * *
(2) Rule 109, ‘‘Recordkeeping for
Volatile Organic Compound Emissions,’’
amended April 20, 2010.
(H) Mojave Desert Air Quality
Management District
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12497
(1) Rule 1117, ‘‘Graphic Arts and
Paper, Film, Foil and Fabric Coatings,’’
amended September 28, 2009.
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[FR Doc. 2012–4974 Filed 2–29–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R08–RCRA–2011–0823; FRL–9640–2]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste Exclusion
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (‘‘EPA,’’ ‘‘the Agency’’ or ‘‘we’’
in this preamble) today is granting a
petition submitted by the
ConocoPhillips Billings, Montana
Refinery (‘‘ConocoPhillips’’, ‘‘Refinery’’
or ‘‘Petitioner’’) to exclude or ‘‘delist,’’
from the list of hazardous wastes, a
maximum of 200 cubic yards per year of
residual solids from sludge removed
from two storm water tanks at its
Billings, Montana refinery and
processed in accordance with the
petition.
After careful analysis we have
concluded that the petitioned waste is
not a hazardous waste. This exclusion
conditionally excludes the petitioned
waste from the requirements of
hazardous waste regulations under the
Resource Conservation and Recovery
Act (RCRA) when processed in
accordance with the petition and
disposed in a Subtitle D landfill
permitted, licensed, or otherwise
authorized by a State to accept the
delisted processed storm water tank
sludge. This rule also imposes testing
conditions for future processed storm
water tank residuals to ensure they
continue to qualify for delisting.
DATES: This final rule is effective on
March 1, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No.: EPA–R08–RCRA–2011–0823. All
documents in the docket are listed on
the https://www.regulations.gov web site
or in hard copy at the Environmental
Protection Agency Region VIII, Office of
Partnerships and Regulatory Assistance,
Solid & Hazardous Waste Program, Mail
Code: 8P–HW, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. The
docket is available for viewing from 8
a.m. to 3 p.m., Monday through Friday
excluding Federal holidays. You may
SUMMARY:
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copy material from any regulatory
docket at a cost of $0.15 per page. EPA
requests that you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. You should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Christina Cosentini, Solid and
Hazardous Waste Program, EPA Region
8, 1595 Wynkoop Street, Mail Code 8P–
HW, Denver, Colorado 80202, (303)
312–6231, cosentini.christina@epa.gov.
SUPPLEMENTARY INFORMATION: The
information in this section is organized
as follows:
the EPA to remove their waste from
hazardous waste control by excluding
them from the lists of hazardous wastes
contained in 40 CFR 261.31 and 261.32.
Specifically, 40 CFR 260.20 allows any
person to petition the Administrator to
modify or revoke any provision of parts
260 through 266, 268 and 273 of 40
CFR. 40 CFR 260.22 provides a
generator the opportunity to petition the
Administrator to exclude a waste from
the lists of hazardous wastes on a
‘‘generator-specific’’ basis.
I. Background
A. What is a delisting petition?
B. What regulation allow a waste to be
delisted?
II. ConocoPhillips Petition
A. What waste did ConocoPhillips petition
to delist?
B. What information was submitted in
support of this petition?
III. EPA’s Evaluation and Final Decision
A. What decision is EPA finalizing and
why?
B. What are the terms of this exclusion?
C. When is the delisting effective?
D. How does this action affect states?
IV. Statutory and Executive Order Reviews
On December 3, 2010, ConocoPhillips
petitioned the EPA to exclude a
maximum annual volume of 200 cubic
yards of F037 residual solids from
processing (for oil recovery) sludge
removed from two storm water tanks at
the Billings, Montana refinery, from the
lists of hazardous waste contained in 40
CFR 261.31, because it believed that the
petitioned wastes did not meet any of
the criteria for which the waste was
listed and there were no additional
constituents or factors that would cause
the waste to be hazardous.
ConocoPhillips generates the waste
through periodically removing and
processing sludge accumulated in two
storm water tanks through oil recovery
and dewatering. The sludge is not
accumulated at a constant rate and is
currently removed from the tanks at
approximately 18 month intervals and
processed via centrifuge and/or filter
press for oil recovery and dewatering.
Recovered oil is reinserted into the
refining process and water from
dewatering is routed to the Refinery’s
on-site wastewater treatment plant.
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I. Background
A. What is a delisting petition?
A delisting petition is a request from
a generator to exclude waste from the
list of hazardous wastes under RCRA
regulations. In a delisting petition, the
petitioner must show that waste
generated at a particular facility does
not meet any of the criteria for which
the EPA listed the waste as set forth in
40 CFR 261.11 and the background
document for the waste. In addition, a
petitioner must demonstrate that the
waste does not exhibit any of the
hazardous waste characteristics of
ignitability, reactivity, corrosivity, or
toxicity and must present sufficient
information for the EPA to decide
whether any factors, in addition to those
for which the waste was listed, warrant
retaining it as a hazardous waste. (See
40 CFR 260.22; 42 U.S.C. 6921(f).)
If a delisting petition is granted, the
generator remains obligated under
RCRA to confirm that future generated
waste remains nonhazardous based on
hazardous waste characteristics and to
ensure that future generated wastes
meet the conditions set forth in this
final rule.
B. What regulations allow a waste to be
delisted?
Under 40 CFR 260.20, 260.22, and 42
U.S.C. 6921(f), facilities may petition
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II. ConocoPhillips Petition
A. What waste did ConocoPhillips
petition to delist?
B. What information was submitted in
support of this petition?
ConocoPhillips submitted detailed
descriptions of the process generating
the waste and other information
regarding the makeup of materials
contributing to the sludge.
ConocoPhillips asserted that the waste
does not meet the criteria for the F037
waste code listing and that there are no
other factors that might cause the waste
to be hazardous.
To support its assertion that the waste
is not hazardous, ConocoPhillips
collected samples of the waste for
analysis. Sample collection and
chemical analysis were conducted in
accordance with a pre-approved
sampling and analysis plan. Details of
the sampling and analysis plan and the
analytical results are contained in the
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docket for the December 8, 2011
proposed rule.
III. EPA’s Evaluation and Final
Decision
A. What decision is EPA finalizing and
why?
Today the EPA is finalizing an
exclusion for up to 200 cubic yards of
residual solids, generated annually,
from processing (for oil recovery) sludge
removed from two storm water tanks at
the ConocoPhillips Billings, Montana
Refinery from the lists of hazardous
waste contained in 40 CFR 261.31.
Review of this petition included
consideration of the original listing
criteria, as well as the additional factors
required by the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
See § 222 of HSWA, 42 U.S.C. 6921(f),
and 40 CFR 260.22(d)(2)–(4).
On December 8, 2011, the EPA
proposed to exclude or delist the storm
water tank process residual generated at
the ConocoPhillips Billings, Montana
Refinery from the list of hazardous
wastes in 40 CFR 261.31 and accepted
public comment on the proposed rule
(76 FR 76677). No public comments
were received, and for reasons stated in
both the proposed rule and this
document, we believe that the storm
water tank process residual from the
ConocoPhillips Billings, Montana
Refinery should be excluded from
hazardous waste control.
B. What are the terms of this exclusion?
This exclusion applies only to a
maximum annual generation of 200
cubic yards of process residual from
treatment of sludge in two storm water
tanks at the ConocoPhillips Billings,
Montana Refinery. This exclusion is
effective only if the storm water sludge
is processed in accordance with this
rule, and the accompanying petition,
and if all conditions contained in this
rule are satisfied. ConocoPhillips must
dispose of this waste in a Subtitle D
landfill permitted, licensed or regulated
by the State of Montana, or other state
subject to Federal RCRA delisting, to
accept the delisted processed storm
water tank sludge. ConocoPhillips must
verify prior to disposal that the
constituent concentrations in the
residual solids do not exceed the
allowable levels set forth in this
exclusion.
C. When is the delisting effective?
This rule is effective March 1, 2012.
The Hazardous and Solid Waste
Amendments of 1984 amended section
3010 of RCRA to allow rules to become
effective in less than six months when
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the regulated community does not need
the six-month period to come into
compliance. This rule reduces rather
than increases the existing requirements
and, therefore, is effective immediately
upon publication under the
Administrative Procedure Act, pursuant
to 5 U.S.C. 553(d).
D. How does this action affect states?
Because the EPA is issuing this
exclusion under the Federal RCRA
delisting program, only states subject to
Federal RCRA delisting provisions
would be affected. This would exclude
states who have received authorization
from the EPA to make their own
delisting decisions.
The EPA allows states to impose their
own non-RCRA regulatory requirements
that are more stringent than the EPA’s,
under RCRA 3009, 42 U.S.C. 6929.
These more stringent requirements may
include a provision that prohibits a
federally-issued exclusion from taking
effect in the state. Because a dual system
(that is, both Federal (RCRA) and state
(non-RCRA) programs) may regulate a
petitioner’s waste, the EPA urges
petitioners to contact the state
regulatory authority to establish the
status of their wastes under applicable
state law. Delisting petitions approved
by the EPA Administrator or his
delegate pursuant to 40 CFR 260.22 are
effective in the State of Montana after
the final rule has been published in the
Federal Register.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866,
‘‘Regulatory Planning and Review,’’ (58
FR 51735, Oct. 4, 1993) this rule is not
of general applicability and, therefore, is
not a regulatory action subject to review
by the Office of Management and
Budget (OMB). This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) because it applies to
a particular facility only. Because this
rule is of particular applicability
relating to a particular facility, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), or to sections
202, 204, and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104–4). Because this rule will
affect only a particular facility, it will
not significantly or uniquely affect small
governments, as specified in section 203
of UMRA. Because this rule will affect
only a particular facility, this final rule
does not have federalism implications.
It will not have substantial direct effects
on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132,
‘‘Federalism’’, (64 FR 43255, Aug. 10,
1999). Thus, Executive Order 13132
does not apply to this rule.
Similarly, because this rule will apply
to a particular facility, this final rule
does not have tribal implications, as
specified in Executive Order 13175,
‘‘Consultation and Coordination with
Indian Tribal Governments,’’ (65 FR
67249, Nov. 9, 2000). Thus, Executive
Order 13175 does not apply to this rule.
This rule also is not subject to Executive
Order 13045, ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks,’’ (62 FR. 19885, Apr. 23,
1997) because it is not economically
significant as defined in Executive
Order 12866, and because the Agency
does not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children. The
basis for this belief is that the Agency
used DRAS, which considers health and
safety risks to children, to calculate the
maximum allowable concentrations for
this rule. This rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ (66 FR 28355,
May 22, 2001) because it is not a
significant regulatory action under
Executive Order 12866. This rule does
not involve technical standards; thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988,
‘‘Civil Justice Reform’’, (61 FR 4729,
12499
February 7, 1996), in issuing this rule,
the EPA has taken the necessary steps
to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report which includes a
copy of the rule to each House of the
Congress and to the Comptroller General
of the United States. Section 804
exempts from section 801 the following
types of rules: (1) Rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
of agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report
regarding today’s action under section
801 because this is a rule of particular
applicability.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
Authority: RCRA 3001(f), 42 U.S.C.
6921(f).
Dated: February 14, 2012.
James B. Martin,
Regional Administrator, Region 8.
For the reasons set out in the
preamble, 40 CFR part 261 is amended
as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
2. In Table 1 of Appendix IX to part
261 add the following waste stream in
alphabetical order by facility to read as
follows:
■
Appendix IX to Part 261—Waste
Excluded Under §§ 260.20 and 260.22
TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES
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Facility
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ConocoPhillips Billings Refinery.
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Address
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Waste description
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Billings, Montana ................
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Residual solids from centrifuge and/or filter press processing of storm water tank
sludge (F037) generated at a maximum annual rate of 200 cubic yards per year
must be disposed in a lined Subtitle D landfill, licensed, permitted or otherwise
authorized by a state to accept the delisted processed storm water tank sludge.
The exclusion becomes effective March 1, 2012.
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
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Facility
Address
Waste description
For the exclusion to be valid, the ConocoPhillips Billings Refinery must implement
a verification testing program that meets the following Paragraphs:
1. Delisting levels: The constituent concentrations in a leachate extract of the waste
measured in any sample must not exceed the following concentrations (mg/L
TCLP): Acenaphthene-37.9; Antimony-.97; Anthracene-50; Arsenic-.301; Barium100;
Benz(a)anthracene-.25;
Benzene-.5;
Benzo(a)pyrene-1.1;
Benzo(b)fluoranthene-8.7; Benzo(k) fluoranthene-50; Bis(2-ethylhexyl)phthalate50; 2-Butanone-50; Cadmium-1.0; Carbon disulfide-36; Chromium-5.0; Chrysene25.0; Cobalt-.763; Cyanide(total)-41.2; Dibenz(a,h)anthrancene-1.16; Di-n-octyl
phthalate-50; 1,4-Dioxane-36.5; Ethylbenzene-12; Fluoranthene-8.78; Fluorene17.5; Indeno(1,2,3-cd)pyrene-27.3; Lead-5.0; Mercury-.2; m&p -Cresol-10.3;
Naphthalene-1.17; Nickel-48.2; o-Cresol-50; Phenanthrene-50; Phenol-50; Pyrene-15.9; Selenium-1.0; Silver-5.0; Tetrachloroethene-0.7; Toluene-26;
Trichloroethene-.403; Vanadium-12.3; Xylenes (total)-22; Zinc-500.
2. Verification Testing: To verify that the waste does not exceed the specified
delisting levels, ConocoPhillips must collect and analyze two composite samples
of the residual solids from the processed sludge to account for potential variability in each tank. Composite samples must be collected each time cleanout occurs and residuals are generated. Sample collection and analyses, including
quality control procedures, must be performed using appropriate methods. If oil
and grease comprise less than 1 percent of the waste, SW–846 Method 1311
must be used for generation of the leachate extract used in the testing for constituents of concern listed above. SW–846 Method 1330A must be used for generation of the leaching extract if oil and grease comprise 1 percent or more of
the waste. SW–846 Method 9071B must be used for determination of oil and
grease. SW–846 Methods 1311, 1330A, and 9071B are incorporated by reference in 40 CFR 260.11. As applicable, the SW–846 methods might include
Methods 1311, 3010, 3510, 6010, 6020, 7470, 7471, 8260, 8270, 9014, 9034,
9213, and 9215. If leachate concentrations measured in samples do not exceed
the levels set forth in paragraph 1, ConocoPhillips can dispose of the processed
sludge in a lined Subtitle D landfill which is permitted, licensed, or registered by
the state of Montana or other state which is subject to Federal RCRA delisting. If
constituent levels in any sample and any retest sample for any constituent exceed the delisting levels set in paragraph (1) ConocoPhillips must do the following:
(A) Notify the EPA in accordance with paragraph (5) and;
(B) Manage and dispose of the process residual solids as F037 hazardous waste
generated under Subtitle C of RCRA.
3. Changes in Operating Conditions: ConocoPhillips must notify the EPA in writing
if the manufacturing process, the chemicals used in the manufacturing process,
the treatment process, or the chemicals used in the treatment process significantly change. ConocoPhillips must handle wastes generated after the process
change as hazardous until it has: Demonstrated that the wastes continue to meet
the delisting concentrations in paragraph (1); demonstrated that no new hazardous constituents listed in appendix VIII of part 261 have been introduced; and
it has received written approval from the EPA.
4. Data Submittal: Whenever tank cleanout is conducted ConocoPhillips must verify
that the residual solids from the processed storm water tank sludge meet the
delisting levels in 40 CFR part 261 Appendix IX Table 1, as amended by this notice. ConocoPhillips must submit the verification data to U.S. EPA Region 8,
1595 Wynkoop Street, RCRA Delisting Program, Mail code 8P–HW, Denver, CO
80202. ConocoPhillips must compile, summarize and maintain onsite records of
tank cleanout and process operating conditions and analytical data for a period
of five years.
5. Reopener Language: (A) If, anytime after final approval of this exclusion,
ConocoPhillips 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 EPA in granting the petition, then the facility must report the data,
in writing to the EPA at the address above, within 10 days of first possessing or
being made aware of that data.
(B) If ConocoPhillips fails to submit the information described in paragraph (A) or if
any other information is received from any source, the EPA will make a preliminary determination as to whether the reported information requires EPA 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.
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
(C) If the EPA determines that the reported information requires the EPA action,
the EPA will notify the facility in writing of the actions the agency 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 the EPA action is not
necessary. The facility shall have 30 days from the date of the notice to present
such information.
(D) If after 30 days ConocoPhillips presents no further information or after a review
of any submitted information, the EPA 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 EPAs determination shall become effective immediately, unless the EPA provides otherwise.
(E) Notification Requirements: ConocoPhillips 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.
(1) Provide a one-time written notification to any State Regulatory Agency to which
or through which it will transport the delisted waste described above for disposal,
60 days before beginning such activities.
(2) Update the onetime written notification, if it ships the delisted waste to a different disposal facility.
(3) Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision.
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BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–B–1244]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
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The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
The modifications are made pursuant
to section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
SUPPLEMENTARY INFORMATION:
This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Deputy Federal Insurance and
SUMMARY:
18:27 Feb 29, 2012
*
Mitigation Administrator reconsider the
changes. The modified BFEs may be
changed during the 90-day period.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
[FR Doc. 2012–5006 Filed 2–29–12; 8:45 am]
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*
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*
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities. The
changes in BFEs are in accordance with
44 CFR 65.4.
National Environmental Policy Act.
This interim rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This
interim rule is not a significant
regulatory action under the criteria of
section 3(f) of Executive Order 12866 of
September 30, 1993, Regulatory
Planning and Review, 58 FR 51735.
Executive Order 13132, Federalism.
This interim rule involves no policies
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12497-12501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5006]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R08-RCRA-2011-0823; FRL-9640-2]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste Exclusion
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (``EPA,'' ``the Agency''
or ``we'' in this preamble) today is granting a petition submitted by
the ConocoPhillips Billings, Montana Refinery (``ConocoPhillips'',
``Refinery'' or ``Petitioner'') to exclude or ``delist,'' from the list
of hazardous wastes, a maximum of 200 cubic yards per year of residual
solids from sludge removed from two storm water tanks at its Billings,
Montana refinery and processed in accordance with the petition.
After careful analysis we have concluded that the petitioned waste
is not a hazardous waste. This exclusion conditionally excludes the
petitioned waste from the requirements of hazardous waste regulations
under the Resource Conservation and Recovery Act (RCRA) when processed
in accordance with the petition and disposed in a Subtitle D landfill
permitted, licensed, or otherwise authorized by a State to accept the
delisted processed storm water tank sludge. This rule also imposes
testing conditions for future processed storm water tank residuals to
ensure they continue to qualify for delisting.
DATES: This final rule is effective on March 1, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No.: EPA-R08-RCRA-2011-0823. All documents in the docket are listed on
the https://www.regulations.gov web site or in hard copy at the
Environmental Protection Agency Region VIII, Office of Partnerships and
Regulatory Assistance, Solid & Hazardous Waste Program, Mail Code: 8P-
HW, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The docket is
available for viewing from 8 a.m. to 3 p.m., Monday through Friday
excluding Federal holidays. You may
[[Page 12498]]
copy material from any regulatory docket at a cost of $0.15 per page.
EPA requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. You should
make an appointment with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Solid and
Hazardous Waste Program, EPA Region 8, 1595 Wynkoop Street, Mail Code
8P-HW, Denver, Colorado 80202, (303) 312-6231,
cosentini.christina@epa.gov.
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:
I. Background
A. What is a delisting petition?
B. What regulation allow a waste to be delisted?
II. ConocoPhillips Petition
A. What waste did ConocoPhillips petition to delist?
B. What information was submitted in support of this petition?
III. EPA's Evaluation and Final Decision
A. What decision is EPA finalizing and why?
B. What are the terms of this exclusion?
C. When is the delisting effective?
D. How does this action affect states?
IV. Statutory and Executive Order Reviews
I. Background
A. What is a delisting petition?
A delisting petition is a request from a generator to exclude waste
from the list of hazardous wastes under RCRA regulations. In a
delisting petition, the petitioner must show that waste generated at a
particular facility does not meet any of the criteria for which the EPA
listed the waste as set forth in 40 CFR 261.11 and the background
document for the waste. In addition, a petitioner must demonstrate that
the waste does not exhibit any of the hazardous waste characteristics
of ignitability, reactivity, corrosivity, or toxicity and must present
sufficient information for the EPA to decide whether any factors, in
addition to those for which the waste was listed, warrant retaining it
as a hazardous waste. (See 40 CFR 260.22; 42 U.S.C. 6921(f).)
If a delisting petition is granted, the generator remains obligated
under RCRA to confirm that future generated waste remains nonhazardous
based on hazardous waste characteristics and to ensure that future
generated wastes meet the conditions set forth in this final rule.
B. What regulations allow a waste to be delisted?
Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), facilities may
petition the EPA to remove their waste from hazardous waste control by
excluding them from the lists of hazardous wastes contained in 40 CFR
261.31 and 261.32. Specifically, 40 CFR 260.20 allows any person to
petition the Administrator to modify or revoke any provision of parts
260 through 266, 268 and 273 of 40 CFR. 40 CFR 260.22 provides a
generator the opportunity to petition the Administrator to exclude a
waste from the lists of hazardous wastes on a ``generator-specific''
basis.
II. ConocoPhillips Petition
A. What waste did ConocoPhillips petition to delist?
On December 3, 2010, ConocoPhillips petitioned the EPA to exclude a
maximum annual volume of 200 cubic yards of F037 residual solids from
processing (for oil recovery) sludge removed from two storm water tanks
at the Billings, Montana refinery, from the lists of hazardous waste
contained in 40 CFR 261.31, because it believed that the petitioned
wastes did not meet any of the criteria for which the waste was listed
and there were no additional constituents or factors that would cause
the waste to be hazardous. ConocoPhillips generates the waste through
periodically removing and processing sludge accumulated in two storm
water tanks through oil recovery and dewatering. The sludge is not
accumulated at a constant rate and is currently removed from the tanks
at approximately 18 month intervals and processed via centrifuge and/or
filter press for oil recovery and dewatering. Recovered oil is
reinserted into the refining process and water from dewatering is
routed to the Refinery's on-site wastewater treatment plant.
B. What information was submitted in support of this petition?
ConocoPhillips submitted detailed descriptions of the process
generating the waste and other information regarding the makeup of
materials contributing to the sludge. ConocoPhillips asserted that the
waste does not meet the criteria for the F037 waste code listing and
that there are no other factors that might cause the waste to be
hazardous.
To support its assertion that the waste is not hazardous,
ConocoPhillips collected samples of the waste for analysis. Sample
collection and chemical analysis were conducted in accordance with a
pre-approved sampling and analysis plan. Details of the sampling and
analysis plan and the analytical results are contained in the docket
for the December 8, 2011 proposed rule.
III. EPA's Evaluation and Final Decision
A. What decision is EPA finalizing and why?
Today the EPA is finalizing an exclusion for up to 200 cubic yards
of residual solids, generated annually, from processing (for oil
recovery) sludge removed from two storm water tanks at the
ConocoPhillips Billings, Montana Refinery from the lists of hazardous
waste contained in 40 CFR 261.31. Review of this petition included
consideration of the original listing criteria, as well as the
additional factors required by the Hazardous and Solid Waste Amendments
of 1984 (HSWA). See Sec. 222 of HSWA, 42 U.S.C. 6921(f), and 40 CFR
260.22(d)(2)-(4).
On December 8, 2011, the EPA proposed to exclude or delist the
storm water tank process residual generated at the ConocoPhillips
Billings, Montana Refinery from the list of hazardous wastes in 40 CFR
261.31 and accepted public comment on the proposed rule (76 FR 76677).
No public comments were received, and for reasons stated in both the
proposed rule and this document, we believe that the storm water tank
process residual from the ConocoPhillips Billings, Montana Refinery
should be excluded from hazardous waste control.
B. What are the terms of this exclusion?
This exclusion applies only to a maximum annual generation of 200
cubic yards of process residual from treatment of sludge in two storm
water tanks at the ConocoPhillips Billings, Montana Refinery. This
exclusion is effective only if the storm water sludge is processed in
accordance with this rule, and the accompanying petition, and if all
conditions contained in this rule are satisfied. ConocoPhillips must
dispose of this waste in a Subtitle D landfill permitted, licensed or
regulated by the State of Montana, or other state subject to Federal
RCRA delisting, to accept the delisted processed storm water tank
sludge. ConocoPhillips must verify prior to disposal that the
constituent concentrations in the residual solids do not exceed the
allowable levels set forth in this exclusion.
C. When is the delisting effective?
This rule is effective March 1, 2012. The Hazardous and Solid Waste
Amendments of 1984 amended section 3010 of RCRA to allow rules to
become effective in less than six months when
[[Page 12499]]
the regulated community does not need the six-month period to come into
compliance. This rule reduces rather than increases the existing
requirements and, therefore, is effective immediately upon publication
under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(d).
D. How does this action affect states?
Because the EPA is issuing this exclusion under the Federal RCRA
delisting program, only states subject to Federal RCRA delisting
provisions would be affected. This would exclude states who have
received authorization from the EPA to make their own delisting
decisions.
The EPA allows states to impose their own non-RCRA regulatory
requirements that are more stringent than the EPA's, under RCRA 3009,
42 U.S.C. 6929. These more stringent requirements may include a
provision that prohibits a federally-issued exclusion from taking
effect in the state. Because a dual system (that is, both Federal
(RCRA) and state (non-RCRA) programs) may regulate a petitioner's
waste, the EPA urges petitioners to contact the state regulatory
authority to establish the status of their wastes under applicable
state law. Delisting petitions approved by the EPA Administrator or his
delegate pursuant to 40 CFR 260.22 are effective in the State of
Montana after the final rule has been published in the Federal
Register.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866, ``Regulatory Planning and Review,''
(58 FR 51735, Oct. 4, 1993) this rule is not of general applicability
and, therefore, is not a regulatory action subject to review by the
Office of Management and Budget (OMB). This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a
particular facility only. Because this rule is of particular
applicability relating to a particular facility, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because
this rule will affect only a particular facility, it will not
significantly or uniquely affect small governments, as specified in
section 203 of UMRA. Because this rule will affect only a particular
facility, this final rule does not have federalism implications. It
will not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, ``Federalism'', (64
FR 43255, Aug. 10, 1999). Thus, Executive Order 13132 does not apply to
this rule.
Similarly, because this rule will apply to a particular facility,
this final rule does not have tribal implications, as specified in
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' (65 FR 67249, Nov. 9, 2000). Thus, Executive
Order 13175 does not apply to this rule. This rule also is not subject
to Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' (62 FR. 19885, Apr. 23, 1997) because
it is not economically significant as defined in Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. The basis for this belief is that
the Agency used DRAS, which considers health and safety risks to
children, to calculate the maximum allowable concentrations for this
rule. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use,'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866. This rule
does not involve technical standards; thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988, ``Civil Justice Reform'', (61 FR 4729, February
7, 1996), in issuing this rule, the EPA has taken the necessary steps
to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report which includes a copy of the rule to
each House of the Congress and to the Comptroller General of the United
States. Section 804 exempts from section 801 the following types of
rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report regarding today's action under section
801 because this is a rule of particular applicability.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Authority: RCRA 3001(f), 42 U.S.C. 6921(f).
Dated: February 14, 2012.
James B. Martin,
Regional Administrator, Region 8.
For the reasons set out in the preamble, 40 CFR part 261 is amended
as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
0
2. In Table 1 of Appendix IX to part 261 add the following waste stream
in alphabetical order by facility to read as follows:
Appendix IX to Part 261--Waste Excluded Under Sec. Sec. 260.20 and
260.22
Table 1--Waste Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
ConocoPhillips Billings Refinery........ Billings, Montana.......... Residual solids from centrifuge and/or
filter press processing of storm water
tank sludge (F037) generated at a
maximum annual rate of 200 cubic yards
per year must be disposed in a lined
Subtitle D landfill, licensed, permitted
or otherwise authorized by a state to
accept the delisted processed storm
water tank sludge. The exclusion becomes
effective March 1, 2012.
[[Page 12500]]
For the exclusion to be valid, the
ConocoPhillips Billings Refinery must
implement a verification testing program
that meets the following Paragraphs:
1. Delisting levels: The constituent
concentrations in a leachate extract of
the waste measured in any sample must
not exceed the following concentrations
(mg/L TCLP): Acenaphthene-37.9; Antimony-
.97; Anthracene-50; Arsenic-.301; Barium-
100; Benz(a)anthracene-.25; Benzene-.5;
Benzo(a)pyrene-1.1; Benzo(b)fluoranthene-
8.7; Benzo(k) fluoranthene-50; Bis(2-
ethylhexyl)phthalate-50; 2-Butanone-50;
Cadmium-1.0; Carbon disulfide-36;
Chromium-5.0; Chrysene-25.0; Cobalt-
.763; Cyanide(total)-41.2;
Dibenz(a,h)anthrancene-1.16; Di-n-octyl
phthalate-50; 1,4-Dioxane-36.5;
Ethylbenzene-12; Fluoranthene-8.78;
Fluorene-17.5; Indeno(1,2,3-cd)pyrene-
27.3; Lead-5.0; Mercury-.2; m&p -Cresol-
10.3; Naphthalene-1.17; Nickel-48.2; o-
Cresol-50; Phenanthrene-50; Phenol-50;
Pyrene-15.9; Selenium-1.0; Silver-5.0;
Tetrachloroethene-0.7; Toluene-26;
Trichloroethene-.403; Vanadium-12.3;
Xylenes (total)-22; Zinc-500.
2. Verification Testing: To verify that
the waste does not exceed the specified
delisting levels, ConocoPhillips must
collect and analyze two composite
samples of the residual solids from the
processed sludge to account for
potential variability in each tank.
Composite samples must be collected each
time cleanout occurs and residuals are
generated. Sample collection and
analyses, including quality control
procedures, must be performed using
appropriate methods. If oil and grease
comprise less than 1 percent of the
waste, SW-846 Method 1311 must be used
for generation of the leachate extract
used in the testing for constituents of
concern listed above. SW-846 Method
1330A must be used for generation of the
leaching extract if oil and grease
comprise 1 percent or more of the waste.
SW-846 Method 9071B must be used for
determination of oil and grease. SW-846
Methods 1311, 1330A, and 9071B are
incorporated by reference in 40 CFR
260.11. As applicable, the SW-846
methods might include Methods 1311,
3010, 3510, 6010, 6020, 7470, 7471,
8260, 8270, 9014, 9034, 9213, and 9215.
If leachate concentrations measured in
samples do not exceed the levels set
forth in paragraph 1, ConocoPhillips can
dispose of the processed sludge in a
lined Subtitle D landfill which is
permitted, licensed, or registered by
the state of Montana or other state
which is subject to Federal RCRA
delisting. If constituent levels in any
sample and any retest sample for any
constituent exceed the delisting levels
set in paragraph (1) ConocoPhillips must
do the following:
(A) Notify the EPA in accordance with
paragraph (5) and;
(B) Manage and dispose of the process
residual solids as F037 hazardous waste
generated under Subtitle C of RCRA.
3. Changes in Operating Conditions:
ConocoPhillips must notify the EPA in
writing if the manufacturing process,
the chemicals used in the manufacturing
process, the treatment process, or the
chemicals used in the treatment process
significantly change. ConocoPhillips
must handle wastes generated after the
process change as hazardous until it
has: Demonstrated that the wastes
continue to meet the delisting
concentrations in paragraph (1);
demonstrated that no new hazardous
constituents listed in appendix VIII of
part 261 have been introduced; and it
has received written approval from the
EPA.
4. Data Submittal: Whenever tank cleanout
is conducted ConocoPhillips must verify
that the residual solids from the
processed storm water tank sludge meet
the delisting levels in 40 CFR part 261
Appendix IX Table 1, as amended by this
notice. ConocoPhillips must submit the
verification data to U.S. EPA Region 8,
1595 Wynkoop Street, RCRA Delisting
Program, Mail code 8P-HW, Denver, CO
80202. ConocoPhillips must compile,
summarize and maintain onsite records of
tank cleanout and process operating
conditions and analytical data for a
period of five years.
5. Reopener Language: (A) If, anytime
after final approval of this exclusion,
ConocoPhillips 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
EPA in granting the petition, then the
facility must report the data, in
writing to the EPA at the address above,
within 10 days of first possessing or
being made aware of that data.
(B) If ConocoPhillips fails to submit the
information described in paragraph (A)
or if any other information is received
from any source, the EPA will make a
preliminary determination as to whether
the reported information requires EPA
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 12501]]
(C) If the EPA determines that the
reported information requires the EPA
action, the EPA will notify the facility
in writing of the actions the agency
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 the EPA action is not
necessary. The facility shall have 30
days from the date of the notice to
present such information.
(D) If after 30 days ConocoPhillips
presents no further information or after
a review of any submitted information,
the EPA 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 EPAs
determination shall become effective
immediately, unless the EPA provides
otherwise.
(E) Notification Requirements:
ConocoPhillips 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.
(1) Provide a one-time written
notification to any State Regulatory
Agency to which or through which it will
transport the delisted waste described
above for disposal, 60 days before
beginning such activities.
(2) Update the onetime written
notification, if it ships the delisted
waste to a different disposal facility.
(3) Failure to provide this notification
will result in a violation of the
delisting variance and a possible
revocation of the decision.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-5006 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P
