Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Proposed Rules 59165

TABLE 2.—WASTE EXCLUDED FROM SPECIFIC SOURCES—Continued

Facility Address Waste description 

(A) If, anytime after disposal of the delisted waste Bayer possesses or 

is otherwise made aware of any environmental data (including but 

not limited to leachate data or ground water monitoring data) or any 

other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to 

the Division Director within 10 days of first possessing or being 

made aware of that data. 

(B) If either the quarterly or annual testing of the waste does not meet 

the delisting requirements in paragraph 1, Bayer must report the 

data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. 

(C) If Bayer fails to submit the information described in paragraphs 

(5),(6)(A) or (6)(B) or if any other information is received from any 

source, the Division Director will make a preliminary determination 

as to whether the reported information requires EPA action to protect human health and/or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate 

response necessary to protect human health and the environment. 

(D) If the Division Director determines that the reported information 

requires action by EPA, the Division Director will notify the facility in 

writing of the actions the Division Director believes are necessary to 

protect human health and the environment. The notice shall include 

a statement of the proposed action and a statement providing the 

facility with an opportunity to present information as to why the proposed EPA action is not necessary. The facility shall have 10 days 

from the date of the Division Director’s notice to present such information. 

(E) Following the receipt of information from the facility described in 

paragraph (6)(D) or (if no information is presented under paragraph 

(6)(D)) the initial receipt of information described in paragraphs (5), 

(6)(A) or (6)(B), the Division Director will issue a final written determination describing EPA actions that are necessary to protect 

human health and/or the environment. Any required action described in the Division Director’s determination shall become effective immediately, unless the Division Director provides otherwise. 

* * * * * * * 

[FR Doc. 04–22235 Filed 10–1–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7823–7] 

Nebraska: Final Authorization of State 

Hazardous Waste Management 

Program Revision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Nebraska has applied to the 

EPA for final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act. The EPA proposes to 

grant final authorization to Nebraska. In 

the ‘‘Rules and Regulations’’ section of 

this Federal Register, the EPA is 

authorizing the changes by an 

immediate final rule. The EPA did not 

make a proposal prior to the immediate 

final rule because we believe this action 

is not controversial and do not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble to the 

immediate final rule. Unless we receive 

written comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we receive 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time.

DATES: Send your written comments by 

November 3, 2004.

ADDRESSES: Comments may be mailed to 

Lisa Haugen, Environmental Protection 

Agency, ARTD/RESP, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Comments may also be submitted 

electronically or through hand delivery/

courier; please follow the detailed 

instructions in the ADDRESSES section of 

the direct final rule which is located in 

the rules section of this Federal 

Register.

FOR FURTHER INFORMATION CONTACT: Lisa 

V. Haugen at the above address, by 

phone at (913) 551–7877, or by e-mail 

at haugen.lisa@epa.gov.

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register.

Dated: September 2, 2004. 

William Rice, 

Acting Regional Administrator, Region 7.

[FR Doc. 04–22253 Filed 10–1–04; 8:45 am] 

BILLING CODE 6560–50–P