Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12497 

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 

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. 

* * * * * 

(c) * * * 

(381) * * * 

(i) * * * 

(G) * * * 

(2) Rule 109, ‘‘Recordkeeping for 

Volatile Organic Compound Emissions,’’ 

amended April 20, 2010. 

(H) Mojave Desert Air Quality 

Management District 

(1) Rule 1117, ‘‘Graphic Arts and 

Paper, Film, Foil and Fabric Coatings,’’ 

amended September 28, 2009. 

* * * * * 

[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 

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 http://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 


tkelley on DSK3SPTVN1PROD with RULES
12498 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

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 § 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 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 

■ 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

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. 


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12500 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

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

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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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12501 

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. 

* * * * * * * 

[FR Doc. 2012–5006 Filed 2–29–12; 8:45 am] 

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 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: 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 

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. 

SUPPLEMENTARY INFORMATION: 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 

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 


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