57686 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 

(v) If the reporting entity is entirely 

owned by a foreign company, provide 

the legal name and physical address of 

the foreign company’s highest-level 

company based in the United States as 

the United States parent company, and 

report 100 percent ownership. 

(vi) If the reporting entity is partially 

owned by a foreign company and 

partially owned by one or more U.S. 

companies, provide the legal name and 

physical address of the foreign 

company’s highest-level company based 

in the United States, along with the 

legal names and physical addresses of 

the other U.S. parent companies, and 

report the percent ownership of each of 

these companies. 

(vii) If the reporting entity is a 

federally owned facility, report ‘‘U.S. 

Government’’ and and do not report 

physical address or percent ownership. 

* * * * * 

■ 3. Section 98.6 is amended by adding 

definitions of ‘‘Cogeneration unit,’’ 

‘‘North American Industry Classification 

System (NAICS) code(s),’’ ‘‘Physical 

address,’’ and ‘‘United States parent 

company(s)’’ in alphabetical order to 

read as follows: 

§ 98.6 Definitions. 

* * * * * 

Cogeneration unit means a unit that 

produces electrical energy and useful 

thermal energy for industrial, 

commercial, or heating or cooling 

purposes, through the sequential or 

simultaneous use of the original fuel 

energy. 

* * * * * 

North American Industry 

Classification System (NAICS) code(s) 

means the six-digit code(s) that 

represents the product(s)/activity(s)/ 

service(s) at a facility or supplier as 

listed in the Federal Register and 

defined in ‘‘North American Industrial 

Classification System Manual 2007,’’ 

available from the U.S. Department of 

Commerce, National Technical 

Information Service, Alexandria, VA 

22312, phone (703) 605–6000 or (800) 

553–6847. http://www.census.gov/eos/ 

www/naics/. 

* * * * * 

Physical address, with respect to a 

United States parent company as 

defined in this section, means the street 

address, city, state and zip code of that 

company’s physical location. 

* * * * * 

United States parent company(s) 

means the highest-level United States 

company(s) with an ownership interest 

in the reporting entity as of December 

31 of the year for which data are being 

reported. 

* * * * * 

[FR Doc. 2010–23674 Filed 9–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R05–RCRA–2010–0758; FRL–9201–2] 

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 the exclusion for 

the American Steel Cord facility in 

Scottsburg, Indiana to reflect changes in 

ownership and name. 

DATES: This amendment is effective on 

September 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Todd Ramaly, Land and Chemicals 

Division, Region 5, Mail Code LR–8J, 

Environmental Protection Agency, 

77 W. Jackson Blvd., Chicago, Illinois 

60604; telephone number: (312) 353– 

9317; fax number: (312) 582–5190; 

e-mail address: ramaly.todd@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

In this document EPA is amending 

appendix IX to part 261 to reflect a 

change in the status of a particular 

exclusion and, as such, will apply to a 

single facility. 

B. How can I get copies of related 

information? 

EPA has established a docket for this 

action under Docket ID No. EPA–R05– 

2010–0758. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Records Center, 7th floor, U.S. EPA 

Region 5, 77 West Jackson Blvd., 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend you telephone 

Todd Ramaly at (312) 353–9317 before 

visiting the Region 5 office. The public 

may copy material from the regulatory 

docket at $0.15 per page. 

C. Why is EPA taking this action? 

The petition process under Title 40 

Code of Federal Regulations (40 CFR) 

260.20 and 260.22 allows facilities to 

demonstrate that a specific waste from 

a particular generating facility should 

not be regulated as a hazardous waste. 

Based on waste-specific information 

provided by the petitioner, EPA granted 

an exclusion for up to 3,000 cubic yards 

of F006, wastewater treatment sludges 

from electroplating operations, annually 

to American Steel Cord, Scottsburg (64 

FR 3869, January 26, 1999). 

On April 22, 2010, the Agency was 

notified that ownership of the 

Scottsburg facility had been transferred 

to Tokusen U.S.A., Inc. Scottsburg <JFS 

America> (Tokusen). Tokusen certified 

it will meet all terms and conditions set 

forth in the delisting and will not 

change the characteristics of the waste 

at the Scottsburg facility without prior 

Agency approval. This notice 

documents the change by updating 

appendix IX to incorporate a change in 

name. 

There are also a number of minor 

typographical errors identified in the 

existing exclusion that will be fixed by 

this amendment. The sentences 

containing the list of verification 

constituents in condition 1 of the 

exclusion are combined with a colon 

and the list of allowable concentrations 

with semicolons. The constituent 

‘‘benzo butyl phthlate’’ is corrected to 

‘‘benzylbutylphthalate’’. A zero is added 

before the decimal for concentrations 

that are less than 1. The description of 

the waste is corrected from ‘‘wastewater 

treatment plant (WWTP) sludge’’ to 

‘‘wastewater treatment sludges’’ 

(description based on the listing). 

Confusing timing language in condition 

4(d) of the exclusion is corrected from 

‘‘* * * (if no information is presented 

under paragraph (c) the initial receipt of 

information described in paragraph (a) 

***’’ to ‘‘* * * if no information is 

presented under paragraph (c) * * *’’ 

These changes to appendix IX of part 

261 are effective September 22, 2010. 

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 

facility has certified that it is prepared 

to comply. Therefore, a six-month 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). 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 57687 

List of Subjects in 40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, and Reporting and 

recordkeeping requirements. 

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

6921(f). 

Dated: September 14, 2010. 

Bruce F. Sypniewski, 

Acting Director, Land and Chemicals 

Division. 

■ 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. Table 1 of Appendix IX of part 261 

is amended by removing the ‘‘American 

Steel Cord’’ entry and adding a new 

entry ‘‘Tokusen U.S.A., Inc. Scottsburg 

<JFS America> (formerly American 

Steel Cord)’’ in alphabetical order by 

facility to read as follows: 

Appendix IX to Part 261—Wastes 

Excluded Under §§ 260.20 and 260.22 

TABLE 1—WASTES EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description 

*******

Tokusen U.S.A., Inc. Scottsburg <JFS 

America> (formerly American Steel 

Cord).

Scottsburg, Indiana Wastewater treatment sludges from electroplating operations (EPA Hazardous 

Waste No. F006) generated at a maximum annual rate of 3,000 cubic yards 

per year, after January 26, 1999, and disposed of in a Subtitle D landfill. 

1. Verification Testing: Tokusen U.S.A., Inc. Scottsburg JFS America (Tokusen) 

must implement an annual testing program to demonstrate, based on the 

analysis of a minimum of four representative samples, that the constituent 

concentrations measured in the TCLP extract of the waste are within specific 

levels. The constituent concentrations must not exceed the following levels 

(mg/l) which are back-calculated from the delisting health-based levels and a 

DAF of 68: arsenic-3.4; barium-100; cadmium-0.34; chromium-5; copper-88.4; 

lead-1.02; mercury-0.136; nickel-6.8; selenium-1; silver-5; zinc-680; cyanide13.6; acetone-272; benzylbutylphthalate-476; chloroform-0.68; 1,4- 

dichlorobenzene-0.272; cis-1,2-dichloroethene-27.2; methylene chloride-0.34; 

naphthalene-68; styrene-6.8; tetrachloroethene-0.34; toluene-68; and xylene680. Tokusen must measure and record the pH of the waste using SW 846 

method 9045 and must record all pH measurements performed in accordance 

with the TCLP. 

2. Changes in Operating Conditions: If Tokusen significantly changes the manufacturing or treatment process or the chemicals used in the manufacturing or 

treatment process, Tokusen may handle the wastewater sludges generated 

from the new process under this exclusion only after the facility has demonstrated that the waste meets the levels set forth in paragraph 1 and that no 

new hazardous constituents listed in Appendix VIII of Part 261 have been introduced. 

3. Data Submittals: The data obtained through annual verification testing or 

compliance with paragraph 2 must be submitted to U.S. EPA Region 5, 77 W. 

Jackson Blvd., Chicago, IL 60604–3590, within 60 days of sampling. Records 

of operating conditions and analytical data must be compiled, summarized, 

and maintained on site for a minimum of five years and must be made available for inspection. All data must be accompanied by a signed copy of the 

certification statement in § 260.22(i)(12) of this chapter. 

4. (a) If, anytime after disposal of the delisted waste, Tokusen possesses or is 

otherwise made aware of any environmental data (including but not limited to 

leachate data or groundwater monitoring data) or any other data relevant to 

the delisted waste indicating that any constituent identified in Condition (1) is 

at a level in the leachate higher than the delisting level established in Condition (1), or is at a level in the ground water or soil higher than the health 

based level, then Tokusen must report such data, in writing, to the Regional 

Administrator within 10 days of first possessing or being made aware of that 

data. 

(b) Based on the information described in paragraph 4. (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency 

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 Regional Administrator determines that the reported information does 

require Agency action, the Regional Administrator will notify the facility in writing of the actions the Regional Administrator 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 Agency action is not 

necessary or to suggest an alternative action. The facility shall have 10 days 

from the date of the Regional Administrator’s notice to present such information. 


erowe on DSK5CLS3C1PROD with RULES
57688 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 

TABLE 1—WASTES EXCLUDED FROM SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(d) Following the receipt of information from the facility described in paragraph 

4. (c) or if no information is presented under paragraph 4. (c) the Regional 

Administrator 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 Regional Administrator’s determination shall 

become effective immediately, unless the Regional Administrator provides 

otherwise. 

* * * * * * * 

[FR Doc. 2010–23693 Filed 9–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8151] 

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, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

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 flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; 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. However, 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 their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). 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 legally 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 flood insurance map of 

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 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, 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. 


erowe on DSK5CLS3C1PROD with RULES