### 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).


### 57687 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations

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 

### E XCLUDED 

### F ROM 

### S PECIFIC 

### S OURCES

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 generatedfrom 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 nonew 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) isat 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 includesuspending, 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 statementof 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 daysfrom the date of the Regional Administrator’s notice to present such information.


### 57688 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations

TABLE 

### 1—WASTES 

### E XCLUDED 

### F ROM 

### S PECIFIC 

### S OURCES

### —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 RegionalAdministrator 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.