43002 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

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[FR Doc. 2012–17762 Filed 7–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[FRL 9704–1] 

Hazardous Waste Management 

System: Identification and Listing of 

Hazardous Waste Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; amendment. 

SUMMARY: The EPA (also, ‘‘the Agency’’ 

or ‘‘we’’) is amending an existing 

exclusion to reflect changes in 

ownership and name for the 

ConocoPhillips Billings, Montana 

Refinery. Today’s amendment 

documents these changes. 

DATES: This amendment is effective on 

July 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini, by mail at EPA 

Region 8, Resource Conservation and 

Recovery Program, 1595 Wynkoop 

Street, Mail Code 8P–R, Denver, 

Colorado 80202, by phone at (303) 312– 

6231, or by email at cosentini.christina@

epa.gov. 

SUPPLEMENTARY INFORMATION: In this 

document the EPA is amending 

appendix IX to part 261 to reflect a 

change in the ownership and name of a 

particular facility. Today’s notice 

documents the transfer of ownership 

and name change by updating appendix 

IX to incorporate the change in owner’s 

name for the ConocoPhillips Billings, 

Montana Refinery. On May 3, 2012, the 

EPA was notified that ownership of the 

Billings, Montana Refinery had been 

transferred to Phillips 66 Company. 

Phillips 66 Company certified that the 

management and operation of the 

Billings Refinery has not changed due to 

the restructuring. This notice 

documents the change by updating 

appendix IX to incorporate a change in 

name. 

These changes to appendix IX of part 

261 are effective July 23, 2012. The 

Hazardous and Solid Waste 

Amendments of 1984 amended section 

3010 of the Resource Conservation and 

Recovery Act (RCRA) to allow rules to 

become effective in less than six months 

when the regulated community does not 

need the six-month period to come into 

compliance. As described above, the 

change in ownership will not affect the 

refineries operations. Therefore, a sixmonth delay in the effective date is not 

necessary in this case. This provides the 

basis for making this amendment 

effective immediately upon publication 

under the Administrative Procedures 

Act pursuant to 5 United States Code 

(U.S.C.) 5531(d). 

List of Subjects in 40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, and Reporting and 

recordkeeping requirements. 

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

Dated: June 28, 2012. 

Howard M. Cantor, 

Acting 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, 6924(y) and 6938. 

■ 2. In Table 1 of Appendix IX to part 

261 is amended by removing the ’’ 

ConocoPhillips Billings Refinery ’’ entry 

and adding a new entry ‘‘Phillips 66 

Company, Billings Refinery’’ 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

Facility Address Waste description 

*******

Phillips 66 Company, Billings Refinery (formerly 

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 became effective March 1, 2012. 

For the exclusion to be valid, Phillips 66 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)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-noctyl 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; Pyrene15.9; Selenium -1.0; Silver-5.0; Tetrachloroethene-0.7; Toluene-26;Trichloroethene 

-.403; Vanadium-12.3; Xylenes (total)-22; Zinc-500. 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 43003 

TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

2. Verification Testing: To verify that the waste does not exceed the specified 

delisting levels, Phillips 66 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, Phillips 66 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) Phillips 66 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: Phillips 66 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. Phillips 66 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 Phillips 66 must verify that 

the residual solids from the processed storm water tank sludge meet the delisting 

levels in 40 CFR 261 Appendix IX Table 1, as amended by this notice. Phillips 66 

must submit the verification data to U.S. EPA Region 8, 1595 Wynkoop Street, 

RCRA Delisting Program, Mail code 8P–HW, Denver, CO 80202. Phillips 66 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, Phillips 

66 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 Phillips 66 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. 

(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 Phillips 66 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: Phillips 66 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. 

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43004 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(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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[FR Doc. 2012–17905 Filed 7–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8239] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities unless remedial action 

takes place. 

Regulatory Classification. This final 

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 rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

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