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[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76677-76684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31533]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FDMS Docket No.: EPA-R08-RCRA-2011-0823; FRL-9502-4]

Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Proposed Exclusion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and request for comment.

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SUMMARY: The Environmental Protection Agency (``EPA,'' ``the Agency'' 
or ``we'' in this preamble) is proposing to grant a petition submitted 
by the ConocoPhillips Billings, Montana Refinery (``ConocoPhillips'' or 
``Petitioner'') to exclude or ``delist,'' from the list of hazardous 
wastes, residual solids from sludge removed from two storm water tanks 
at its Billings, Montana refinery and processed in accordance with the 
petition. The EPA used the Delisting Risk Assessment Software (DRAS) in 
the evaluation of the potential impact of the petitioned waste on human 
health and the environment.
    The EPA's proposed decision to grant the petition is based on an 
evaluation of waste-specific information provided by ConocoPhillips. 
This proposed decision, if finalized, would conditionally exclude the 
petitioned waste from the requirements of the hazardous waste 
regulations under the Resource Conservation and Recovery Act (RCRA).
    This exclusion would be valid only when sludge from the two storm 
water tanks is dewatered and de-oiled using a filter press and/or 
portable centrifuge, and the resulting residual solids are disposed of 
in a RCRA Subtitle D landfill that is permitted, licensed, or 
registered by a state to manage industrial solid waste. If finalized, 
the EPA would conclude that ConocoPhillips' petitioned waste is 
nonhazardous with respect to the original listing criteria and that 
there are no other factors that would cause the waste to be hazardous.

DATES: The EPA will accept public comments on this proposed decision 
until January 9, 2012 the EPA will stamp comments received after the 
close of the comment period as late. These late comments may not be 
considered in formulating a final decision. Any person may request an 
informal hearing on this proposed decision by filing a request to the 
EPA by December 22, 2011. The request must contain the information 
prescribed in 40 CFR 260.20(d).

ADDRESSES: Submit your comments, identified by Docket ID No.: EPA-R08-
RCRA-2011-0823, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: cosentini.christina@epa.gov.
    3. Fax: (303) 312-6341.
    4. Mail, Hand Delivery or Courier: Deliver your comments to 
Christina Cosentini, Solid and Hazardous Waste Program, EPA Region 8, 
Mailcode 8P-HW, 1595 Wynkoop Street, Denver, Colorado 80202-1129. 
Courier or hand deliveries are only accepted during the EPA Region 8's 
normal hours of operation from 8 a.m. to 4 p.m. The public is advised 
to call in advance to verify the business hours. Special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No.: EPA-R08-RCRA-
2011-0823. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or email, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet.
    If you submit an electronic comment, the EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If the EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should not include special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about the EPA's public docket visit the EPA Docket Center 
home page at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at: EPA Region 8, from 8 a.m. to 4 
p.m., 1595 Wynkoop Street, Denver, Colorado, contact: Christina 
Cosentini, phone number (303) 312-6231.

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. Overview Information
    A. What action is the EPA approving?
    B. Why is the EPA approving this delisting?
    C. How will ConocoPhillips Billings Refinery manage the waste, 
if it is delisted?
II. Background
    A. What is a listed waste?
    B. What is a delisting petition?

[[Page 76678]]

    C. What factors must the EPA consider in deciding whether to 
grant a delisting petition?
III. The EPA's Evaluation of the Waste Information and Data
    A. What waste did ConocoPhillips petition the EPA to delist?
    B. How does ConocoPhillips generate the waste?
    C. How did ConocoPhillips sample and analyze the waste?
    D. What were the results of the ConocoPhillips waste analysis?
    E. How did the EPA evaluate the risk of delisting this waste?
    F. What did the EPA conclude about the ConocoPhillips waste?
IV. Conditions for Exclusion
    A. When would the EPA finalize the proposed delisting exclusion?
    B. How will ConocoPhillips manage the waste if it is delisted?
    C. What are the maximum allowable concentrations of hazardous 
constituents in the waste?
    D. How frequently must ConocoPhillips test the waste?
    E. What data must ConocoPhillips submit?
    F. What happens if ConocoPhillips waste fails to meet the 
conditions of the exclusion?
    G. What must ConocoPhillips do if the process changes?
V. How would this action affect states?
VI. Statutory and Executive Order Reviews

I. Overview Information

A. What action is the EPA approving?

    The EPA is proposing to grant a petition submitted by the 
ConocoPhillips Billings Refinery to have residual solids from 
processing sludge removed from two storm water tanks at its Billings, 
Montana Refinery excluded or delisted from the RCRA definition of a 
hazardous waste, contingent upon such waste being dewatered and de-
oiled using a filter press and/or portable centrifuge and the resulting 
solids disposed in a RCRA Subtitle D Landfill.

B. Why is the EPA approving this delisting?

    The ConocoPhillips petition requested the residual solids from 
processed storm water tank sludge be excluded from the F037 waste 
listing. F037 wastes are wastes that are generated in the separation of 
oil/water/solids from petroleum refinery process wastewaters and oily 
cooling wastewaters. This exclusion will apply to an annual maximum of 
200 cubic yards of residual solids. ConocoPhillips claims that the 
petitioned waste does not meet the criteria for which the EPA listed 
it, and that there are no additional constituents or factors which 
could cause the waste to be hazardous.
    Based on our review described in section III, we agree with the 
petitioner that the waste is nonhazardous. The EPA reviewed the 
description of the process which generates the waste and the analytical 
data submitted by ConocoPhillips. We believe that the petitioned waste 
does not meet the criteria for the F037 waste listing, and that there 
are no other factors which might cause the residual solids to be 
hazardous.

C. How will ConocoPhillips Billings Refinery manage the waste if it is 
delisted?

    ConocoPhillips will dispose of the residual solids from the 
processed storm water tank sludge in a RCRA Subtitle D landfill which 
is regulated by the State of Montana, or other state subject to Federal 
RCRA delisting, to manage industrial waste.

II. Background

A. What is a listed waste?

    The EPA published an amended list of hazardous wastes from 
nonspecific and specific sources on January 16, 1981, as part of its 
final and interim final regulations implementing section 3001 of RCRA. 
The EPA has amended this list several times and published it at 40 CFR 
261.31 and 261.32. The EPA lists these wastes as hazardous because: (1) 
They typically and frequently exhibit one or more of the 
characteristics of hazardous wastes identified in subpart C of part 261 
(that is, ignitability, corrosivity, reactivity, and toxicity); (2) 
they meet the criteria for listing contained in 40 CFR 261.11(a)(2) or 
(a)(3); or (3) the wastes are mixed with or derived from the treatment, 
storage or disposal of such characteristic and listed wastes and which 
therefore become hazardous under 40 CFR 261.3(a)(2)(iv) or (c)(2)(i), 
known as the ``mixture'' or ``derived-from'' rules respectively.

B. What is a delisting petition?

    Individual waste streams may vary depending on raw materials, 
industrial processes, and other factors. Thus, while a waste described 
in the regulations generally is hazardous, a specific waste from an 
individual facility meeting the listing description may not be. A 
procedure to exclude or delist a waste is provided in 40 CFR 260.20 and 
260.22, which allows a person, or a facility, to submit a petition to 
the EPA, or an authorized state, demonstrating that a specific waste 
from a particular generating facility is not hazardous.
    In a delisting petition, the petitioner must show that a waste does 
not meet any of the criteria for listed wastes in 40 CFR 261.11 and 
that the waste does not exhibit any of the hazardous waste 
characteristics of ignitability, reactivity, corrosivity, or toxicity. 
The petitioner 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 the waste remains nonhazardous.

C. What factors must the EPA consider in deciding whether to grant a 
delisting petition?

    In reviewing this petition, we considered the original listing 
criteria and the additional factors required by the Hazardous and Solid 
Waste Amendments of 1984 (HSWA). See HSWA Sec.  222, 42 U.S.C. 6921(f); 
40 CFR 260.22(d)(1)-(4). We evaluated the petitioned waste against the 
listing criteria and factors cited in Sec. Sec.  261.11(a)(2) and (3).
    In addition to considering the criteria in 40 CFR 260.22(a) and 
261.11(a)(2) and (3), 42 U.S.C. 6921(f), and information in the 
background documents for the listed waste, the EPA must consider any 
factors (including additional constituents) other than those for which 
the EPA listed the waste, if these additional factors could cause the 
waste to be hazardous.
    The EPA's tentative decision to delist waste from the 
ConocoPhillips Billings Refinery is based on our evaluation of the 
waste for factors or criteria that could cause the waste to be 
hazardous. These factors include: (1) Whether the waste is considered 
acutely toxic; (2) the toxicity of the constituents; (3) the 
concentration of the constituents in the waste; (4) the tendency of the 
constituents to migrate and to bioaccumulate; (5) the persistence in 
the environment of any constituents once released from the waste; (6) 
plausible and specific types of management of the petitioned waste; (7) 
the quantity of waste produced; and (8) waste variability.
    The EPA must also consider as hazardous wastes mixtures containing 
listed hazardous wastes and wastes derived from treating, storing, or 
disposing of listed hazardous waste. See 40 CFR 261.3(a)(2)(iv) and 
(c)(2)(i) (referred to as the ``mixture'' and ``derived-from'' rules, 
respectively). Mixture and derived-from wastes are also eligible for 
exclusion but remain hazardous until excluded.

[[Page 76679]]

III. EPA's Evaluation of the Waste Information and Data

A. What waste did ConocoPhillips petition the EPA 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) the sludge removed from the two storm 
water tanks at the Billings, Montana refinery from the lists of 
hazardous waste contained in 40 CFR 261.31 and 261.32. The F037 listing 
includes residuals from the processing of oil-bearing hazardous 
secondary materials (i.e., the sludge in the storm water tanks) 
excluded under 40 CFR 261.4(a)(12)(i). Sediment in the storm water 
tanks accumulates from storm water runoff from the Refinery's process 
area, as well as some dry-weather flow consisting of water from wash-
down, maintenance, and cleaning activities, steam condensate and heat 
exchanger back-flushing. This sediment is processed by the refinery for 
the recovery of oil and the residual solids are classified as hazardous 
waste due a conservative interpretation for the assignment of hazardous 
waste code F037. The waste conservatively falls under the 
classification of listed waste under 40 CFR 261.3.

B. How does ConocoPhillips generate the waste?

    ConocoPhillips generates the waste through periodically removing 
and processing sludge accumulated in two storm water tanks through oil 
recovery and dewatering. The sludge in the storm water tanks is 
accumulated storm water runoff from the Refinery's process area, and 
some dry-weather flow consisting of water from wash-down, maintenance, 
and cleaning activities as well as steam condensate and heat exchanger 
back-flushing. The sludge in 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.

C. How did ConocoPhillips sample and analyze the waste?

    ConocoPhillips collected sample sludge from 16 locations in each 
tank, the sludge was composited and processed for oil recovery and 
dewatering through a filter press, and submission of the filter pressed 
residual solid material for analysis. A total of eight composite 
samples, one duplicate and one matrix spike/matrix duplicate were 
analyzed for both total and Toxicity Characteristic Leaching Procedure 
(TCLP) analyses of constituents of concern (COC). The COC list was 
comprised of a subset of the Appendix IX constituent list in 40 CFR 
264, and was based on: (1) Knowledge of the refinery processes and 
wastes; (2) the evaluation of available references, including Exhibit 3 
of the March 23, 2000 USEPA RCRA Delisting Program Guidance manual for 
the Petitioner entitled Constituents of Concern for Wastes from 
Petroleum Processes; (3) the U.S. EPA Region 5 ``Skinner List'' 
constituents and (4) the basis for the F037 listing per 40 CFR 261 
Appendix VII. Each sample was also analyzed for pH, oil & grease, total 
cyanide and total sulfide. Two samples of the filter pressed material 
(one from each tank) were analyzed using both neutral and alkaline pH 
TCLP extraction fluids as presented in the delisting guidance.

D. What were the results of the ConocoPhillips waste analysis?

    The table below presents the maximum observed total concentrations 
and the TCLP concentrations for all the COC. Total concentrations are 
expressed in milligrams per kilogram (mg/kg) and leachate 
concentrations are expressed in milligrams per liter (mg/L). 
ConocoPhillips submitted a signed statement certifying accuracy and 
responsibility of the results. See 40 CFR 260.22(i)(12)).

       Table I--Maximum Total and TCLP Concentrations and Maximum Allowable Delisting Concentration Levels
      [Storm Water Tank--Filter Press residual solids, ConocoPhillips Billings Refinery, Billings, Montana]
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                                                                                              Maximum allowable
                                                      Maximum total         Maximum TCLP        TCLP delisting
                   Constituent                    constituent analysis      constituent      concentration level
                                                         (mg/kg)          analysis  (mg/L)          (mg/L)
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Acenaphthene....................................               8.0                  A                    500
Tetrachloroethene...............................                .073                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 December 8, 2011.
                                                                                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 filter pressed 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 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 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.

[[Page 76684]]

 
                                                                                (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.
                                                                                (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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[FR Doc. 2011-31533 Filed 12-7-11; 8:45 am]
BILLING CODE 6560-50-P
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