76674 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 

1The October 5, 2010 Submittal also redesignated 

Section 116.10(11) to Section 116.10(9). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

(214) 665–6762; email address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

is withdrawing severable portions of its 

September 23, 2009, proposed 

disapproval of revisions to Title 30 of 

the Texas Administrative Code (30 TAC) 

Section 116.10(11)(A) and (B), 

submitted March 13, 1996; July 22, 

1998; and September 4, 2002. These are 

severable portions of the definition of 

‘‘modification of existing facility.’’ 

As noted in the September 23, 2009, 

proposed action on Subparagraphs (A) 

and (B), the two Subparagraphs are not 

severable from each other. See 74 FR 

48450, at 48452. The two provisions 

were considered in conjunction with 

each other as our basis of evaluation in 

the original proposal. Because (B) is 

now repealed, and the wording of (A) 

has been changed in an October 5, 2010, 

submitted revision,1 the basis of 

evaluation in the original proposed 

action has changed. As proposed July 

18, 2011 (76 FR 42078), EPA therefore 

withdraws its previously proposed 

action so that the submitted revised 

Subparagraph (A) and the impact of the 

repeal of Subparagraph (B) upon the 

revised Subparagraph (A) may be 

addressed in a future separate action. 

This course of action will promote 

efficiency, mitigate confusion, and 

facilitate new comments on the future 

proposed action on the October 5, 2010, 

submittal with a proper basis of 

evaluation. Given the need for 

comments and evaluation of the newly 

submitted regulatory wording changes 

to Subparagraph (A), EPA considers any 

established deadline under the Business 

Coalition for Clean Air Appeal Group 

(BCCA) Settlement Agreement to be 

inapplicable with respect to this 

provision. 

The repeal of Subparagraph (B) in the 

October 2010 SIP submittal also renders 

moot and inapplicable any obligation to 

act on that provision under the BCCA 

Settlement Agreement. Because 

Subparagraph (B) was repealed and is 

no longer before EPA for action, no 

further action is needed on this 

provision. Consequently, EPA now 

withdraws its previously proposed 

action on Subparagraph (B). 

In response to our July 18, 2011, 

proposed withdrawal of 30 TAC 

116.10(11)(A) and (B), we received 

comments from Texas Industry Project 

and BCCA Appeal Group. The 

commenters agree that it is appropriate 

to withdraw the proposed disapproval 

of these provisions because 

Subparagraph (A) has been amended 

since EPA’s proposed disapproval and 

because Subparagraph (B) has been 

repealed. Based upon the proposal and 

consideration of the comments we 

received, we are withdrawing the 

proposed September 23, 2009, 

disapproval of 30 TAC 116.10(11)(A) 

and (B), as submitted March 13, 1996; 

July 22, 1998; and September 4, 2002. 

Subparagraph (A) as it appears in the 

October 5, 2010, submittal will be 

evaluated and will be addressed in a 

separate future action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: November 29, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–31529 Filed 12–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0082; FRL–9328–8] 

Receipt of Several Pesticide Petitions 

Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before January 9, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition (PP) 

number of interest as shown in the body 

of this document, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

the docket ID number and the pesticide 

petition number of interest as shown in 

the body of this document. EPA’s policy 

is that all comments received will be 

included in the docket without change 

and may be made available on-line 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 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov or email. The 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means 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 EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, 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 EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., 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 in the 

electronic docket at http:// 

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Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 76675 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: A 

contact person, with telephone number 

and email address, is listed at the end 

of each pesticide petition summary. You 

may also reach each contact person by 

mail at Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed at the end of the 

pesticide petition summary of interest. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What action is the agency taking? 

EPA is announcing its receipt of 

several pesticide petitions filed under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, requesting the establishment or 

modification of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on various food 

commodities. The Agency is taking 

public comment on the requests before 

responding to the petitioners. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petitions described in this 

document contain the data or 

information prescribed in FFDCA 

section 408(d)(2); however, EPA has not 

fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data support granting of the 

pesticide petitions. After considering 

the public comments, EPA intends to 

evaluate whether and what action may 

be warranted. Additional data may be 

needed before EPA can make a final 

determination on these pesticide 

petitions. 

Pursuant to 40 CFR 180.7(f), a 

summary of each of the petitions that 

are the subject of this document, 

prepared by the petitioner, is included 

in a docket EPA has created for each 

rulemaking. The docket for each of the 

petitions is available on-line at http:// 

www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is 

publishing notice of the petitions so that 

the public has an opportunity to 

comment on the requests for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petitions may be 

obtained through the petition 

summaries referenced in this unit. 

New Tolerances 

1. PP 1E7923. (EPA–HQ–OPP–2011– 

0860). Interregional Research Project 

Number 4 (IR–4), IR–4 Project 

Headquarters, Rutgers, The State 

University of New Jersey, 500 College 

Road East, Suite 201 W, Princeton, NJ 

08450, requests to establish tolerances 

in 40 CFR part 180 for residues of the 

insecticide clothianidin, (E)-1-(2-chloro1,3-thiazol-5-ylmethyl)-3-methyl-2- 

nitroguanidine, in or on strawberry at 

1.4 parts per million (ppm); citrus fruit 

group 10–10 at 0.5 ppm; citrus, dried 

pulp at 1 ppm; pistachio at 0.01 ppm; 

and tea, plucked leaves at 50 ppm. 

Adequate enforcement methodology 

(liquid chromatography/mass 

spectroscopy/mass spectroscopy) (LC/ 

MS/MS) analysis is available to enforce 

the tolerance expression. Contact: 

Sidney Jackson, (703) 305–7610, email 

address: jackson.sidney@epa.gov. 

2. PP 1E7925. (EPA–HQ–OPP–2011– 

0905). Interregional Research Project 

Number 4 (IR–4), 500 College Road East, 

Suite 201 W, Princeton, NJ 08540, 

requests to establish tolerances in 40 

CFR part 180 for residues of the 

insecticide etofenprox, [2-(4- 

ethoxyphenyl)-2-methylpropyl 3- 

phenoxybenzyl ether], in or on food and 

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76676 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 

feed commodities at 0.5 ppm. An 

aliquot was purified by solid phase 

extraction (graphitized carbon black for 

alfalfa, snap bean pods with seed, and 

leaf lettuce and HAX solid phase 

extraction for pasture grass and snap 

bean foliage). The purified extract was 

concentrated to dryness, reconstituted 

in acetonitrile:water, and submitted to 

LC/MS/MS analysis. Contact: Andrew 

Ertman, (703) 308–9367, email address: 

ertman.andrew@epa.gov. 

3. PP 1E7929. (EPA–HQ–OPP–2011– 

0906). Interregional Research Project 

Number 4 (IR–4), 500 College Road East, 

Suite 201 W, Princeton, NJ 08540, 

requests to establish tolerances in 40 

CFR part 180 for residues of the 

fungicide cyazofamid, 4-chloro-2-cyanoN,N-dimethyl-5-(4-methylphenyl)-1Himidazole-1-sulfonamide (CA) and its 

metabolite CCIM, 4-chloro-5-(4- 

methylphenyl)-1H-imidazole-2- 

carbonitrile (CA), expressed as 

cyazofamid, in or on bean, succulent at 

0.4 ppm; bean, succulent, shelled at 

0.07 ppm; leafy greens, subgroup 4A at 

9.0 ppm; basil, fresh leaves at 30.0 ppm; 

basil, dried leaves at 80.0 ppm; 

vegetable, tuberous and corm, subgroup 

1C at 0.02 ppm; and vegetable, fruiting, 

group 8–10 at 0.40 ppm. LC/MS/MS is 

used to measure and evaluate the 

residues of cyazofamid. Contact: Laura 

Nollen, (703) 305–7390, email address: 

nollen.laura@epa.gov. 

4. PP 1F7916. (EPA–HQ–OPP–2011– 

0781). Canyon Group LLC, c/o Gowan 

Company, 370 South Main St., Yuma, 

AZ 85364, requests to establish 

tolerances in 40 CFR part 180 for 

residues of the herbicide halosulfuronmethyl, methyl 5-[(4,6-dimethoxy-2- 

pyrimidinyl)amino]carbonylaminosulfonyl]-3-chloro-1-methyl-1H-pyrazole-4- 

carboxylate, and its metabolites and 

degradates, in or on millet, proso, forage 

at 7.0 ppm; millet, proso, hay at 0.02 

ppm; millet, proso, grain at 0.01 ppm; 

millet, proso, straw at 0.01 ppm; grass 

forage, fodder, and hay, crop group 17, 

forage at 17.0 ppm; and grass forage, 

fodder, and hay, crop group 17, hay at 

0.9 ppm. A practical analytical method, 

gas chromatography with a nitrogenspecific detector (GC–NSD), is available 

for enforcement purposes. The 

analytical method accounts for parent 

halosulfuron-methyl and for the 

halosulfuron-methyl rearrangement 

ester, sometimes referred to as ‘‘RRE’’ 

and ‘‘MON 5781.’’ This product results 

from the abstraction for the SO2NHCO 

moiety between the rings, such that the 

two rings are then joined together only 

by an NH group. Contact: Maggie 

Rudick, (703) 347–0257, email address: 

rudick.maggie@epa.gov. 

5. PP 1F7927. (EPA–HQ–OPP–2011– 

0873). FMC Corporation, 1735 Market 

St., Philadelphia, PA 19103, requests to 

establish tolerances in 40 CFR part 180 

for residues of the herbicide, fluthiacetmethyl, acetic acid [[2-chloro-4-fluoro-5- 

[(tetrahydro-3-oxo-1H, 3H- 

[1,3,4]thiadiazolo[3,4-a]pyridazin-1- 

ylidene)amino]phenyl] thio]-methyl 

ester, and its acid metabolite fluthiacet, 

[[2-chloro-4-fluoro-5-[(tetrahydro-3-oxo1H, 3H-[1,3,4]thiadiazolo[3,4- 

a]pyridazin-1- 

ylidene)amino]phenyl]thio]], in or on 

the raw agricultural commodities of 

crop group 15 (except rice): grain, cereal 

at 0.01 ppm; grain, cereal, forage at 0.05 

ppm; grain, cereal, hay at 0.05 ppm; 

grain, cereal, stover at 0.05 ppm; grain, 

cereal, straw at 0.05 ppm; and crop 

subgroup 6C: pea and bean (except 

soybean), dried shelled at 0.01 ppm. 

The analytical enforcement method for 

fluthiacet-methyl was used with minor 

modification. The analytical method for 

all crop matrices consisted of solvent 

extraction using a high speed mixer, 

followed by centrifugation. An aliquot 

of the resulting supernatant was filtered 

and diluted as necessary for 

quantitation by high performance liquid 

chromatography with tandem mass 

spectrometric detection (HPLC/MS/MS). 

Contact: Bethany Benbow, (703) 347– 

8072, email address: 

benbow.bethany@epa.gov. 

6. PP 8F7463. (EPA–HQ–OPP–2009– 

0364). Bayer CropScience, 2 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27709, requests to establish 

tolerances in 40 CFR part 180 for 

indirect or inadvertent residues of the 

fungicide fluopyram, (N-[2-[3-chloro-5- 

(trifluoromethyl)-2-pyridinyl]ethyl]-2- 

(trifluoromethyl)benzamide), in or on 

alfalfa, forage at 0.25 ppm; alfalfa, hay 

at 0.80 ppm; rapeseed (canola seed) at 

5.0 ppm; corn, sweet, kernel plus cob 

with husk removed at 0.10 ppm; cotton, 

gin byproducts at 0.05 ppm; cotton, 

undelinted seed at 0.10 ppm; grain, 

cereal, forage, fodder and straw, group 

16, except rice; forage at 8.0 ppm; grain, 

cereal, forage, fodder and straw, group 

16, except rice; hay, straw and stover at 

14 ppm; grain, cereal, forage, fodder and 

straw, group 16, except rice; aspirated 

fractions at 50 ppm; grain, cereal, group 

15, except rice and sweet corn at 3.0 

ppm; soybean, aspirated fractions at 70 

ppm; soybean, forage at 8.0 ppm; 

soybean, hay at 30 ppm; soybean, hulls 

at 0.40 ppm; and soybean, seed at 0.30 

ppm. Fluopyram was determined to be 

the only analyte required for analysis 

based on the metabolic profile in plants, 

the short pre-harvest intervals analyzed, 

and results from preliminary residues 

trials in Europe. The analytical method 

involves, solvent extraction, filtration, 

and addition of an isotopically labeled 

internal standard followed by solid 

phase extraction. Quantitation is by 

high performance liquid 

chromatography-electrospray 

ionization/tandem mass spectrometry. 

Contact: Lisa Jones, (703) 308–9424, 

email address: jones.lisa@epa.gov. 

Amended Tolerance 

PP 1E7929. (EPA–HQ–OPP–2011– 

0906). Interregional Research Project 

Number 4 (IR–4), 500 College Road East, 

Suite 201 W, Princeton, NJ 08540, 

requests to remove, upon approval of 

the aforementioned tolerances in 

paragraph 3. under ‘‘New Tolerances,’’ 

the tolerances in 40 CFR 180.601 for 

residues of the fungicide cyazofamid, 4- 

chloro-2-cyano-N,N-dimethyl-5-(4- 

methylphenyl)-1H-imidazole-1- 

sulfonamide (CA) and its metabolite 

CCIM, 4-chloro-5-(4-methylphenyl)-1Himidazole-2-carbonitrile (CA), expressed 

as cyazofamid, in or on spinach at 9.0 

ppm; potato at 0.02 ppm; vegetable, 

fruiting, group 8 at 0.40 ppm; and okra 

at 0.40 ppm. These tolerances are being 

proposed to be removed, as they will be 

superseded by inclusion in crop group 

or subgroup tolerances in paragraph 3. 

under ‘‘New Tolerances.’’ Contact: 

Laura Nollen, (703) 305–7390, email 

address: nollen.laura@epa.gov. 

New Tolerance Exemption 

PP 1E7877. (EPA–HQ–OPP–2011– 

0934). Dow Corning Corporation, 2200 

W. Salzburg Road, Midland, MI 48640, 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of silicic acid, sodium salt, 

reaction products with 

chlorotrimethylsilane and isopropyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol, in or on the raw agricultural 

commodity under 40 CFR 180.960, as a 

component of seed coatings that provide 

non-sticking when the seeds are in the 

planter machines, and also control 

water permeation to slow germination of 

the seeds at 1,000 ppm. The petitioner 

believes no analytical method is needed 

because no analytical method is 

generally required for the establishment 

of a tolerance exemption. Contact: 

Alganesh Debesai, (703) 308–8353, 

email address: 

debesai.alganesh@epa.gov. 

Amended Tolerance Exemption 

PP 0F7758. (EPA–HQ–OPP–2011– 

0950). Lonza, Inc., 90 Boroline Road, 

Allendale, NJ 07401, requests to amend 

an existing exemption from the 

requirement of a tolerance in 40 CFR 

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Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 76677 

180.940(a) for residues of didecyl 

dimethyl ammonium carbonate and 

didecyl ammonium bicarbonate 

(hereinafter cited jointly as DDACB), in 

or on food-contact surfaces when 

applied/used in public eating places, 

dairy processing equipment, and/or 

food processing equipment, and utensils 

at 400 ppm. The petitioner believes no 

analytical method is needed because the 

subject quaternary ammonium 

compounds are exempt from the 

requirements of a tolerance. Contact: 

Drusilla Copeland, (703) 308–6224, 

email address: 

copeland.drusilla@epa.gov. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 30, 2011. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2011–31560 Filed 12–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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? 

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