[Federal Register: July 31, 2009 (Volume 74, Number 146)]
[Rules and Regulations]
[Page 38109-38114]
[DOCID:fr31jy09-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2008-0418; SW-FRL-8933-3]

Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Direct Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is granting a petition
submitted by WRB Refining, LLC Company to exclude (or delist) the
sludge from its wastewater treatment plant generated by WRB Refining,
LLC Company in Borger, Texas from the lists of hazardous wastes. This
direct final rule responds to the petition submitted by WRB Refining,
LLC Company to delist the thermal desorber residual solids with
Hazardous Waste Numbers: F037, F038, K048, K049, K050, and K051.
    After careful analysis and use of the Delisting Risk Assessment
Software (DRAS), EPA has concluded the petitioned waste is not
hazardous waste. This exclusion applies to 5,000 cubic yards per year
of the thermal desorber residual solids with Hazardous Waste Numbers:
F037, F038, K048, K049, K050, and K051. Accordingly, this final rule
excludes the petitioned waste from the requirements of hazardous waste
regulations under the Resource Conservation and Recovery Act (RCRA)
when it is disposed in a Subtitle D Landfill.

DATES: This direct final rule will be effective September 29, 2009
without further notice, unless EPA receives relevant adverse comments
by August 31, 2009. If EPA receives such comment, EPA will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2008-0418 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov: Follow
the online instructions for submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Michelle Peace, Environmental Protection Agency,
Multimedia Planning and Permitting Division, RCRA Branch, Mail Code:
6PD-C, 1445 Ross Avenue, Dallas, TX 75202.
    4. Hand Delivery or Courier. Deliver your comments to: Michelle
Peace, Environmental Protection Agency, Multimedia Planning and
Permitting Division, RCRA Branch, Mail Code: 6PD-C, 1445 Ross Avenue,
Dallas, TX 75202.
    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2008-0418. 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 information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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, 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 electronic docket are listed in the
http://www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, RCRA Branch, 1445 Ross Avenue, Dallas, TX 75202. The
hard copy RCRA regulatory docket for this rule, EPA-R06-RCRA-2008-0418,
is available for viewing from 8 a.m. to 5 p.m., Monday through Friday,
excluding Federal holidays. The public may copy material from the
regulatory docket at $0.15 per page. EPA requests that you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the
Corrective Action and Waste Minimization Section, Multimedia Planning
and Permitting Division (6PD-C), Environmental Protection Agency Region
6, 1445 Ross Avenue, Dallas, Texas 75202 at<PHONE_NUMBER>. For
technical information concerning this rule, contact Young Moo Kim,
Environmental Protection Agency Region 6, 1445 Ross Avenue, (6PD-C),
Dallas, Texas 75202, at<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The information in this section is organized as follows:

I. Overview Information
    A. What action is EPA taking?
    B. Why is EPA approving this action?
    C. What are the limits of this exclusion?
    D. How will WRB Refining, LLC Company manage the waste if it is
delisted?
    E. When is the final delisting exclusion effective?
    F. How does this direct final rule affect states?
II. Background
    A. What is a delisting?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did WRB Refining, LLC Company petition EPA to
delist?
    B. How much waste did WRB Refining, LLC Company propose to
delist?
    C. How did WRB Refining, LLC Company sample and analyze the
waste data in this petition?
IV. Public comments received on the proposed exclusion
    A. Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA taking?

    After evaluating the petition, EPA proposed, on May 19, 2008, to
exclude the thermal desorber residual solids from the lists of
hazardous waste under 40 CFR 261.31 and 261.32 (see 73 FR 28768). After
the comment period ended for the proposed rule, EPA received a request
from WRB Refining to increase the volume of waste that may be disposed
of by the facility. The original petition requested that 1,500 cubic
yards of the residual solids be delisted. On September 19, 2008, a
request was made to increase this volume to 5,000 cubic yards. The risk
assessment has been run to insure that the waste does not exceed any
delisting limits. The waste meets the criteria for 5,000 cubic yards.
Therefore, EPA conditionally grants WRB Refining, LLC Company's
delisting petition to have its thermal desorber residual solids managed
and disposed as non-hazardous waste. EPA is opening a 30-day comment
period to allow comment on the decision to grant the change in waste
volume. If there are no adverse comments regarding this change, EPA's
decision will become effective in 60 days.

B. Why is EPA approving this action?

    WRB Refining, LLC Company's petition requests a delisting from the
F019 waste listing under 40 CFR 260.20 and 260.22. WRB Refining, LLC
Company does not believe that the petitioned waste meets the criteria
for which EPA listed it. WRB Refining, LLC Company also believes no
additional constituents or factors could cause the waste to be
hazardous. EPA's review of this petition included consideration of the
original listing criteria and the additional factors required by the
Hazardous and Solid Waste Amendments of 1984. See section 3001(f) of
RCRA, 42 U.S.C. 6921(f), and 40 CFR 260.22(d)(1)-(4) (hereinafter all
sectional references are to 40 CFR unless otherwise indicated). In
making the final delisting determination, EPA evaluated the petitioned
waste against the listing criteria and factors cited in Sec.
261.11(a)(2) and (a)(3). Based on this review, EPA agrees with the
petitioner that the waste is non-hazardous with respect to the original
listing criteria. If EPA had found, based on this review, that the
waste remained hazardous based on the factors for which the waste was
originally listed, EPA would have proposed to deny the petition. EPA
evaluated the waste with respect to other factors or criteria to assess
whether there is a reasonable basis to believe that such additional
factors could cause the waste to be hazardous. EPA considered whether
the waste is acutely toxic, the concentration of the constituents in
the waste, their tendency to migrate and to bioaccumulate, their
persistence in the environment once released from the waste, plausible
and specific types of management of the petitioned waste, the
quantities of waste generated, and waste variability. EPA believes that
the petitioned waste does not meet the listing criteria and thus should
not be a listed waste. EPA's final decision to delist waste from WRB
Refining, LLC Company's facility is based on the information submitted
in support of this rule, including descriptions of the wastes and
analytical data from the Borger, Texas facility.

C. What are the limits of this exclusion?

    This exclusion applies to the waste described in the petition only
if the requirements described in 40 CFR part 261, Appendix IX, Table 1
and the conditions contained herein are satisfied.

D. How will WRB Refining, LLC Company manage the waste if it is
delisted?

    The sludge from WRB Refining, LLC Company will be disposed of in a
RCRA Subtitle D landfill.

E. When is the final delisting exclusion effective?

    This direct final rule will be effective September 29, 2009 without
further notice, unless EPA receives relevant adverse comments by August
31, 2009.

F. How does this direct final rule affect states?

    Because EPA is issuing this exclusion under the Federal RCRA
delisting program, only states subject to Federal RCRA delisting
provisions would be affected. This would exclude states which have
received authorization from

EPA to make their own delisting decisions.
    EPA allows states to impose their own non-RCRA regulatory
requirements that are more stringent than EPA's, under section 3009 of
RCRA, 42 U.S.C. 6929. These more stringent requirements may include a
provision that prohibits a Federally issued exclusion from taking
effect in the state. Because a dual system (that is, both Federal
(RCRA) and State (non-RCRA) programs) may regulate a petitioner's
waste, EPA urges petitioners to contact the State regulatory authority
to establish the status of their wastes under the State law.
    EPA has also authorized some states (for example, Louisiana,
Oklahoma, Georgia, and Illinois) to administer a RCRA delisting program
in place of the Federal program; that is, to make state delisting
decisions. Therefore, this exclusion does not apply in those authorized
states unless that state makes the rule part of its authorized program.
If WRB Refining, LLC Company transports the petitioned waste to or
manages the waste in any state with delisting authorization, WRB
Refining, LLC Company must obtain delisting authorization from that
state before it can manage the waste as non-hazardous in the state.

II. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to EPA, or
another agency with jurisdiction, to exclude or delist from the RCRA
list of hazardous waste, certain wastes the generator believes should
not be considered hazardous under RCRA.

B. What regulations allow facilities to delist a waste?

    Under Sec. Sec.  260.20 and 260.22, facilities may petition EPA to
remove their wastes from hazardous waste regulation by excluding them
from the lists of hazardous wastes contained in Sec. Sec.  261.31 and
261.32. Specifically, Sec.  260.20 allows any person to petition the
Administrator to modify or revoke any provision of 40 CFR parts 260
through 265 and 268. Section 260.22 provides generators the opportunity
to petition the Administrator to exclude a waste from a particular
generating facility from the hazardous waste lists.

C. What information must the generator supply?

    Petitioners must provide sufficient information to EPA to allow EPA
to determine that the waste to be excluded does not meet any of the
criteria under which the waste was listed as a hazardous waste. Based
on the information supplied by the generator, the Administrator must
determine whether factors (including additional constituents) other
than those for which the waste was listed could cause the waste to be a
hazardous waste. The generator must also supply information to
demonstrate that the waste does not exhibit any of the characteristics
defined in Sec.  261.21-Sec.  261.24.

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

A. What waste did WRB Refining, LLC Company petition EPA to delist?

    On August 26, 2005, WRB Refining LLC(formerly ConocoPhillips
Company) petitioned EPA to exclude from the lists of hazardous wastes
contained in Sec. Sec.  261.31 and 261.32, thermal desorber residual
solids from processing oil-bearing hazardous secondary materials
including F037, F038, K048, K049, K050 and K051 generated by its
facility located in Borger, Texas. The waste falls under the
classification of listed waste pursuant to Sec. Sec.  261.31 and
261.32.

B. How much waste did WRB Refining, LLC Company propose to delist?

    Specifically, in its petition, WRB Refining LLC requested that EPA
grant a conditional exclusion for 1500 cubic yards per year of thermal
desorber residual solids for a period of 10 years. On September 19,
2008, the facility requested that the amount of waste delisted be
increased from 1,500 to 5,000 cubic yards of waste a year.

C. How did WRB Refining, LLC Company sample and analyze the waste data
in this petition?

    To support its petition, WRB Refining, LLC Company submitted:
     Historical information on waste generation and management
practices;
     Results of the total constituents list for 40 CFR part
264, Appendix IX volatile and semi-volatile organic compounds and
metals. These wastes are also analyzed for cyanide, and sulfide.
     Results of the constituent list for appendix IX on
Toxicity Characteristic Leaching Procedure (TCLP) extract for
volatiles, semevolatiles, and metals.
     Results from total oil and grease analyses and multiple pH
measurements, and
     Results from a total of ten composite samples including
two duplicates, representing 60 discrete thermal desorber residual
solid samples.

IV. Public Comments Received on the Proposed Exclusion

A. Who submitted comments on the proposed rule?

    No comments were received on the Proposed Rule during the comment
period. However after the comment period closed, the facility requested
an increase in the volume of waste excluded by the delisting petition.
Based on the application of the DRAS model with the requested increase,
the Agency has decided to allow the increase in volume requested by WRB
Refining. The sample results provided by the petitioner meet the
maximum allowable waste concentrations at 1,500 cubic yards and at the
increased volume of 5,000 cubic yards. The delisting limits in the
final exclusion will be revised to cover the additional waste volume.
The delisting concentration limits are lower than the values originally
proposed in the May 19, 2008 proposed rule.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review ''
(58 FR 51735, October 4, 1993), this rule is not of general
applicability and therefore is not a regulatory action subject to
review by the Office of Management and Budget (OMB). This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it
applies to a particular facility only. Because this rule is of
particular applicability relating to a particular facility, it is not
subject to the regulatory flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202, 204, and
205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4).
Because this rule will affect only a particular facility, it will not
significantly or uniquely affect small governments, as specified in
section 203 of UMRA. Because this rule will affect only a particular
facility, this final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, ``Federalism'', (64
FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply
to this rule.
    Similarly, because this rule will affect only a particular
facility, this final rule does not have tribal implications, as

specified in Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus,
Executive Order 13175 does not apply to this rule. This rule also is
not subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant as defined in
Executive Order 12866, and because the Agency does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children. The basis for this
belief is that the Agency used the DRAS program, which considers health
and safety risks to infants and children, to calculate the maximum
allowable concentrations for this rule. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866. This rule does not involve technical
standards; thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. As required by section 3 of Executive Order 12988, ``Civil
Justice Reform'', (61 FR 4729, February 7, 1996), in issuing this rule,
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report which includes a copy of the rule to
each House of the Congress and to the Comptroller General of the United
States. Section 804 exempts from section 801 the following types of
rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report regarding today's action under section
801 because this is a rule of particular applicability.

Lists of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.

    Authority:  Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: July 9, 2009.
William N. Rhea,
Acting Division Director, Multimedia Planning and Permitting Division,
Region 6.

0
For the reasons set out in the preamble, 40 CFR part 261 is amended as
follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

0
2. In Table 1 of Appendix IX of Part 261 add the following waste stream
in alphabetical order by facility to read as follows:

Appendix IX to Part 261--Waste Excluded Under Sec. Sec.  260.20 and
260.22

                                Table 1--Waste Excluded From Non-Specific Sources
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               Facility                          Address                         Waste description
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
WRB Refining, LLC.....................  Borger, TX...............  Thermal desorber residual solids (Hazardous
                                                                    Waste Nos. F037, F038, K048, K049, K050, and
                                                                    K051) generated at a maximum annual rate of
                                                                    5,000 cubic yards per calendar year after
                                                                    September 29, 2009 and disposed in Subtitle
                                                                    D Landfill.
                                                                   For the exclusion to be valid, WRB Refining
                                                                    LLC must implement a verification testing
                                                                    program that meets the following Paragraphs:
                                                                   (1) Delisting Levels: All concentrations for
                                                                    those constituents must not exceed the
                                                                    maximum allowable concentrations in mg/l
                                                                    specified in this paragraph.
                                                                   Thermal Desorber Residual Solid Leachable
                                                                    Concentrations (mg/l): Antimony-0.165;
                                                                    Arsenic-0.0129; Barium-54.8; Beryllium-
                                                                    0.119; Cadmium-0.139; Chromium-3.23;
                                                                    Chromium, Hexavalent-3.23; Cobalt-20.7;
                                                                    Copper-38.6; Cyanide-4.69; Lead-1.07;
                                                                    Mercury-0.104; Nickel-20.6; Selenium-1.0;
                                                                    Silver-5.0; Tin-3790.00; Vanadium-1.46; Zinc-
                                                                    320.0; Acenapthene-16.2; Anthracene-39.5;
                                                                    Benzene-0.117; Carbon Disulfide-86.0; 2-
                                                                    chlorophenol-4.41; Dibenzofuran-0.0226; 1,4-
                                                                    Dichlororbenzene-0.518; Ethylbenzene-16.5;
                                                                    Fluoranthene-3.75; Methylene Chloride-0.077;
                                                                    Naphthalene-0.0498; Phenol-264.0; Pyrene-
                                                                    6.78; Toluene-23.0; 1,2,4-Trichlorobenzene-
                                                                    1.51; Trichlorofluoromethane-23.5; Xylenes-
                                                                    14.6.
                                                                   (2) Waste Holding and Handling:
                                                                   (A) Waste classification as non-hazardous can
                                                                    not begin until compliance with the limits
                                                                    set in paragraph (1) for thermal desorber
                                                                    residual solids has occurred for two
                                                                    consecutive quarterly sampling events.
                                                                   (B) If constituent levels in any sample taken
                                                                    by WRB Refining LLC exceed any of the
                                                                    delisting levels set in paragraph (1) for
                                                                    the thermal desorber residual solids, WRB
                                                                    Refining LLC must do the following:
                                                                   (i) Notify EPA in accordance with paragraph
                                                                    (6) and
                                                                   (ii) Manage and dispose the thermal desorber
                                                                    residual solids as hazardous waste generated
                                                                    under Subtitle C of RCRA.
                                                                   (3) Testing Requirements:
                                                                   Upon this exclusion becoming final, WRB
                                                                    Refining LLC may perform quarterly
                                                                    analytical testing by sampling and analyzing
                                                                    the desorber residual solids as follows:
                                                                   (A) Quarterly Testing:

                                                                   (i) Collect two representative composite
                                                                    samples of the sludge at quarterly intervals
                                                                    after EPA grants the final exclusion. The
                                                                    first composite samples may be taken at any
                                                                    time after EPA grants the final approval.
                                                                    Sampling should be performed in accordance
                                                                    with the sampling plan approved by EPA in
                                                                    support of the exclusion.
                                                                   (ii) Analyze the samples for all constituents
                                                                    listed in paragraph (1). Any composite
                                                                    sample taken that exceeds the delisting
                                                                    levels listed in paragraph (1) for the
                                                                    sludge must be disposed as hazardous waste
                                                                    in accordance with the applicable hazardous
                                                                    waste requirements.
                                                                   (iii) Within thirty (30) days after taking
                                                                    its first quarterly sample, WRB Refining LLC
                                                                    will report its first quarterly analytical
                                                                    test data to EPA. If levels of constituents
                                                                    measured in the samples of the sludge do not
                                                                    exceed the levels set forth in paragraph (1)
                                                                    of this exclusion for two consecutive
                                                                    quarters, WRB Refining LLC can manage and
                                                                    dispose the non-hazardous thermal desorber
                                                                    residual solids according to all applicable
                                                                    solid waste regulations.
                                                                   (B) Annual Testing: (i) If WRB Refining LLC
                                                                    completes the quarterly testing specified in
                                                                    paragraph (3) above and no sample contains a
                                                                    constituent at a level which exceeds the
                                                                    limits set forth in paragraph (1), WRB
                                                                    Refining LLC may begin annual testing as
                                                                    follows: WRB Refining LLC must test two
                                                                    representative composite samples of the
                                                                    thermal desorber residual solids for all
                                                                    constituents listed in paragraph (1) at
                                                                    least once per calendar year.
                                                                   (ii) The samples for the annual testing shall
                                                                    be a representative composite sample
                                                                    according to appropriate methods. As
                                                                    applicable to the method-defined parameters
                                                                    of concern, analyses requiring the use of SW-
                                                                    846 methods incorporated by reference in 40
                                                                    CFR 260.11 must be used without
                                                                    substitution. As applicable, the SW-846
                                                                    methods might include Methods 0010, 0011,
                                                                    0020, 0023A, 0030, 0031, 0040, 0050, 0051,
                                                                    0060, 0061, 1010A, 1020B,1110A, 1310B, 1311,
                                                                    1312, 1320, 1330A, 9010C, 9012B, 9040C,
                                                                    9045D, 9060A, 9070A (uses EPA Method 1664,
                                                                    Rev. A), 9071B, and 9095B. Methods must meet
                                                                    Performance Based Measurement System
                                                                    Criteria in which the Data Quality
                                                                    Objectives are to demonstrate that samples
                                                                    of the WRB Refining thermal desorber
                                                                    residual solids are representative for all
                                                                    constituents listed in paragraph (1).
                                                                   (iii) The samples for the annual testing
                                                                    taken for the second and subsequent annual
                                                                    testing events shall be taken within the
                                                                    same calendar month as the first annual
                                                                    sample taken.
                                                                   (iv) The annual testing report should include
                                                                    the total amount of delisted waste in cubic
                                                                    yards disposed as non-hazardous waste during
                                                                    the calendar year.
                                                                   (4) Changes in Operating Conditions: If WRB
                                                                    Refining LLC significantly changes the
                                                                    process described in its petition or starts
                                                                    any processes that generate(s) the waste
                                                                    that may or could affect the composition or
                                                                    type of waste generated (by illustration,
                                                                    but not limitation, changes in equipment or
                                                                    operating conditions of the treatment
                                                                    process), it must notify EPA in writing and
                                                                    it may no longer handle the wastes generated
                                                                    from the new process as non-hazardous until
                                                                    the wastes meet the delisting levels set in
                                                                    paragraph (1) and it has received written
                                                                    approval to do so from EPA.
                                                                   WRB Refining LLC must submit a modification
                                                                    to the petition, complete with full sampling
                                                                    and analysis, for circumstances where the
                                                                    waste volume changes and/or additional waste
                                                                    codes are added to the waste stream, if it
                                                                    wishes to dispose of the material as non-
                                                                    hazardous.
                                                                   (5) Data Submittals:
                                                                   WRB Refining LLC must submit the information
                                                                    described below. If WRB Refining LLC fails
                                                                    to submit the required data within the
                                                                    specified time or maintain the required
                                                                    records on-site for the specified time, EPA,
                                                                    at its discretion, will consider this
                                                                    sufficient basis to reopen the exclusion as
                                                                    described in paragraph (6). WRB Refining LLC
                                                                    must:
                                                                   (A) Submit the data obtained through
                                                                    paragraph (3) to the Chief, Corrective
                                                                    Action and Waste Minimization Section,
                                                                    Multimedia Planning and Permitting Division,
                                                                    U.S. Environmental Protection Agency Region
                                                                    6, 1445 Ross Ave., Dallas, Texas, 75202,
                                                                    within the time specified. All supporting
                                                                    data can be submitted on CD-ROM or
                                                                    comparable electronic media.
                                                                   (B) Compile records of analytical data from
                                                                    paragraph (3), summarized, and maintained on-
                                                                    site for a minimum of five years.
                                                                   (C) Furnish these records and data when
                                                                    either EPA or the State of Texas requests
                                                                    them for inspection.
                                                                   (D) Send along with all data a signed copy of
                                                                    the following certification statement, to
                                                                    attest to the truth and accuracy of the data
                                                                    submitted:
                                                                   ``Under civil and criminal penalty of law for
                                                                    the making or submission of false or
                                                                    fraudulent statements or representations
                                                                    (pursuant to the applicable provisions of
                                                                    the Federal Code, which include, but may not
                                                                    be limited to, 18 U.S.C. Sec.   1001 and 42
                                                                    U.S.C. Sec.   6928), I certify that the
                                                                    information contained in or accompanying
                                                                    this document is true, accurate and
                                                                    complete.
                                                                   As to the (those) identified section(s) of
                                                                    this document for which I cannot personally
                                                                    verify its (their) truth and accuracy, I
                                                                    certify as the company official having
                                                                    supervisory responsibility for the persons
                                                                    who, acting under my direct instructions,
                                                                    made the verification that this information
                                                                    is true, accurate and complete.
                                                                   If any of this information is determined by
                                                                    EPA in its sole discretion to be false,
                                                                    inaccurate or incomplete, and upon
                                                                    conveyance of this fact to the company, I
                                                                    recognize and agree that this exclusion of
                                                                    waste will be void as if it never had effect
                                                                    or to the extent directed by EPA and that
                                                                    the company will be liable for any actions
                                                                    taken in contravention of the company's RCRA
                                                                    and CERCLA obligations premised upon the
                                                                    company's reliance on the void exclusion.''
                                                                   (6) Re-opener

                                                                   (A) If, anytime after disposal of the
                                                                    delisted waste WRB Refining LLC possesses or
                                                                    is otherwise made aware of any environmental
                                                                    data (including but not limited to leachate
                                                                    data or ground water monitoring data) or any
                                                                    other data relevant to the delisted waste
                                                                    indicating that any constituent identified
                                                                    for the delisting verification testing is at
                                                                    level higher than the delisting level
                                                                    allowed by the Division Director in granting
                                                                    the petition, then the facility must report
                                                                    the data, in writing, to the Division
                                                                    Director within 10 days of first possessing
                                                                    or being made aware of that data.
                                                                   (B) If either the quarterly or annual testing
                                                                    of the waste does not meet the delisting
                                                                    requirements in paragraph 1, WRB Refining
                                                                    LLC must report the data, in writing, to the
                                                                    Division Director within 10 days of first
                                                                    possessing or being made aware of that data.
                                                                   (C) If WRB Refining LLC fails to submit the
                                                                    information described in paragraphs (5),
                                                                    (6)(A) or (6)(B) or if any other information
                                                                    is received from any source, the Division
                                                                    Director will make a preliminary
                                                                    determination as to whether the reported
                                                                    information requires EPA action to protect
                                                                    human health and/or the environment. Further
                                                                    action may include suspending, or revoking
                                                                    the exclusion, or other appropriate response
                                                                    necessary to protect human health and the
                                                                    environment.
                                                                   (D) If the Division Director determines that
                                                                    the reported information requires action by
                                                                    EPA, the Division Director will notify the
                                                                    facility in writing of the actions the
                                                                    Division Director believes are necessary to
                                                                    protect human health and the environment.
                                                                    The notice shall include a statement of the
                                                                    proposed action and a statement providing
                                                                    the facility with an opportunity to present
                                                                    information as to why the proposed EPA
                                                                    action is not necessary. The facility shall
                                                                    have 10 days from the date of the Division
                                                                    Director's notice to present such
                                                                    information.
                                                                   (E) Following the receipt of information from
                                                                    the facility described in paragraph (6)(D)
                                                                    or (if no information is presented under
                                                                    paragraph (6)(D)) the initial receipt of
                                                                    information described in paragraphs (5),
                                                                    (6)(A) or (6)(B), the Division Director will
                                                                    issue a final written determination
                                                                    describing EPA actions that are necessary to
                                                                    protect human health and/or the environment.
                                                                    Any required action described in the
                                                                    Division Director's determination shall
                                                                    become effective immediately, unless the
                                                                    Division Director provides otherwise.
                                                                   (7) Notification Requirements
                                                                   WRB Refining LLC 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.
                                                                   (A) 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.
                                                                   (B) Update the one-time written notification
                                                                    if it ships the delisted waste into a
                                                                    different disposal facility.
                                                                   (C) Failure to provide this notification will
                                                                    result in a violation of the delisting
                                                                    variance and a possible revocation of the
                                                                    decision.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-18389 Filed 7-30-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Notices]
[Page 22155]
[FR Doc No: 2019-10195]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4430-DR; Docket ID FEMA-2019-0001]

The Sac & Fox Tribe of the Mississippi in Iowa; Major Disaster
and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Sac & Fox Tribe of the Mississippi in Iowa (FEMA-4430-
DR), dated April 29, 2019, and related determinations.

DATES: The declaration was issued April 29, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 29, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage to the lands associated with
the Sac & Fox Tribe of the Mississippi in Iowa resulting from severe
storms and flooding during the period of March 13 to April 1, 2019,
is of sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists for
the Sac & Fox Tribe of the Mississippi in Iowa.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance and Hazard
Mitigation for the Sac & Fox Tribe of the Mississippi in Iowa.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Timothy J. Scranton, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas have been designated as adversely affected by
this major disaster:

    The Sac & Fox Tribe of the Mississippi in Iowa for Public
Assistance.
    The Sac & Fox Tribe of the Mississippi in Iowa is eligible to
apply for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-10195 Filed 5-15-19; 8:45 am]
BILLING CODE 9111-23-P


MEMORANDUM Subject: Teleconference with Ingersoll Rand, the Week of March 22, 2004 From: Steven Silverman, Attorney Office of General Council To: Environmental Protection Agency ( EPA), Air Docket A 2001 28; E DOCKET OAR 2003 0012 Date: April 15, 2004 ____________________________________________________________________________

The week of March 22, 2004, EPA representatives ( Chet France, Cleophas Jackson, and myself, among others) spoke with Ingersoll Rand counsel and Steve Neva of the company. The call continued discussions from the previous week relating to details of the equipment maker incentive provision for early introduction of Tier 4 engines. Details discussed dealt mostly with the relationship of this provision to the proposed engine maker clean engine introduction provision.


[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Page 45250]
[FR Doc No: C1-2015-17660]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75449; File No. SR-NYSEARCA-2015-55]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services

July 14, 2015.

Correction

    In notice document 2015-17660 beginning on page 42860 in the issue
of Monday, July 20, 2015, make the following correction:
    On page 42862, in the first column, in the 30th line, ``August 7,
2015'' should read ``August 10, 2015''.

[FR Doc. C1-2015-17660 Filed 7-28-15; 8:45 am]
BILLING CODE 1505-01-D


MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule
		EPA Docket Number EPA-HQ-OECA-2009-0274 (www.regulations.gov)

FROM:		Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph:<PHONE_NUMBER>
<EMAIL_ADDRESS>
DATE:		14 September 2015

--------------------------------------------------------------------------------
SUBJECT:	Notes from Technical Meeting with States (13 May 2015) [DCN 0228]
--------------------------------------------------------------------------------

Overview

      This was the twenty-sixth meeting between EPA and individual representatives from authorized NPDES programs. These meetings provided greater clarity regarding public comments on the NPDES Electronic Reporting Rule (eRule). Participants are listed below in Tables 1 and 2. EPA is summarizing the notes from these discussions for the docket in order to provide transparency on EPA's outreach during the rulemaking process (see Table 3). EPA also met with other stakeholders to discuss public comments.

Meeting Notes

     EPA (Mr. Carey Johnston) started the meeting by reminding state participants that in addition to raising questions during these meetings, states can email their questions on the proposed rule (including the data elements) to EPA. Questions on all aspects of the proposed rule can be sent to Mr. Johnston. Mr. Johnston also reminded everyone that this outreach does not constitute a decision-making body (see "Quick Reminder" section below).

     Mr. Johnston started the technical discussion by reviewing some of the changes it is considering in the final rule. Mr. Johnston asked for input from the meeting participants. Below are some questions and comments from meeting participants.

   *    NJ would like the term `biosolids' to be removed from Appendix A as it is not a term used in Part 503

   In the final rule, EPA modified Appendix to clarify that the Part 503 reporting applies to sewage sludge and biosolids. EPA will make this note as these terms, `biosolids' and `sewage sludge', are used interchangeably.

   *    David Apanian (Region 4) suggested that we keep `Facility Site Horizontal Reference Datum' to identify latitude and longitude data that was collected under an older mapping reference system.

   In the final rule, EPA deleted latitude and longitude metadata (e.g., Facility Site Source Map Scale Number, Facility Site Horizontal Accuracy Measure) from Appendix A. EPA is instead requiring that latitude and longitude data use of the World Geodetic System (WGS) 84 standard coordinate system. EPA notes that the WGS84 standard coordinate system is the modern worldwide standard for use in cartography, geodesy, and navigation. This coordinate system is currently the reference system being used by the Global Positioning System and is accurate within 1 meter. States that collect latitude and longitude on older coordinate systems (e.g., 1927 North American Datum) will need to convert their latitude and longitude to the newer, modern WGS84 coordinate system before they can share data with EPA. EPA has included the burden associated with these transformations in the economic analysis supporting the final rule.

   *    AL question whether EPA's NPDES forms require the collection of `Permitted Feature Application Design Flow (MGD).

   EPA confirmed that EPA's NPDES forms (Forms 2A, 2C, and 2D) do not collect the design flow for each applicants permitted feature (e.g., outfall). In the final rule EPA deleted this data element from Appendix A.

   *    FL questioned EPA's interpretation of its forms and reg with this data element: CAFO Animal Maximum Numbers. FL suggests that we only ask for number of animals not maximum.

   EPA reviewed the instructions for NPDES CAFO application form (Form 2B) and the example EPA CAFO Annual Report and confirmed that these documents are looking for `maximum' values.  We are retaining maximum to be consistent with these forms and to enhance the utility of these data as primary purpose of the NPDES program is to manage pollutant discharges. Tracking the maximum number of animals at CAFOs will help authorized NPDES programs and EPA better identify when CAFOs are exceeding their ability to properly manage manure, litter, and process wastewater.

   *    MI and NJ questioned EPA's use of a percentage for this data element: "Significant Industrial User Subject to Local Limits More Stringent Than Categorical Standards."

   EPA has changed the responses to this data element to be either "Yes" or "No."

   *    NJ suggested that EPA delete the following data element "Biosolids or Sewage Sludge Analytical Methods" as they assert this is not in EPA's regs

   EPA notes that the reporting requirements in Part require a "description of how" the pollutant, pathogen requirements, and vector attraction reduction requirements were met by the regulated entity. EPA is interpreting this language to mean that regulated entities will include a listing of the analytic methods that they use to demonstrate compliance with Part 503. The annual report also includes the following data element, Biosolids or Sewage Sludge  -  Land Application or Surface Disposal Deficiencies, which will identify when the facility failed to properly collect and analyze its biosolids or sewage sludge in accordance with the approved analytical methods (including appropriate method holding times). These two data elements will provide EPA and authorized NPDES programs with the data that they need for proper oversight.

   *    NJ suggested that the following data element - MS4 Reliance on Other Government Entities: Status Flag  -  be yes/no and not be used to identify the specific municipality covered by the NPDES permit. They agreed that EPA's approach is more useful and beneficial but they assert the overriding goal should be to conservatively interpret EPA's regs and require less reporting.

   EPA has made the requested edit in the final rule.

   *    Deborah L. DeBiasi, Virginia DEQ, suggested that EPA edit the following data element, Biomonitoring Inspection Method, to be more consistent with current biomonitoring inspection practices in use today.

   Response: After this teleconference, EPA worked with VA to make the following edits to this data element: The unique code that identifies the type of biomonitoring inspection method (e.g., acute, chronic, or flow through discrete acute, discrete chronic, discrete method, flow-through method, flow-through acute, flow-through chronic) and sample type (e.g., grab, composite).

   *    Deborah L. DeBiasi, Virginia DEQ, also suggested that: "I would make the disinfection method a separate item, since all POTWs, regardless of size, should have some form and it's helpful to know what they are doing.  Make the heading something like, "POTW Disinfection Type", and in the second column, maybe something about a unique code to represent chlorination, UV treatment, etc."

   EPA added the following data element in response to the comment: "POTW Wastewater Disinfection Technology: The one or more unique codes/descriptions that describe the types of disinfection technology that are used at the facility (e.g., chlorination, ozonation, ultraviolet disinfection). This data element will also use a code/description to identify if this facility is using dechlorination, which may be required if the facility uses chlorination for disinfection. This data element only applies to POTWs." EPA modeled this data element after the OMB approved NPDES Form 2A.

   *    A state representative from Oklahoma noted that the proposed Supplemental Environmental Project (SEP) data elements seem reasonable.

   *    A state representative from Alabama noted that she likes the potential changes to the Appendix A data elements.

Quick Reminder
   *    The technical workgroup is not a decision-making body. Members of the workgroup provide clarity on their comments and suggest options for consideration by EPA and state senior management.

   *    There are no formal quorum rules for the workgroup. Scheduled teleconferences will proceed with whichever workgroup members call in to participate.

   *    There will be no voting or consensus of the workgroup. Instead, members of the workgroup are providing individual input reflecting their various perspectives.

   *    Summaries of the workgroup's discussions will be prepared for and reviewed by the workgroup, for presentation to EPA senior management and other states and the rulemaking record.

Table 1: State Technical Workgroup Members  -  13 May 2015

                                 Main Contact
                             State or Organization
                              Main Contact Email
                         State/Org. Present? (Yes/No)
                                 Sean  Rolland
                                     ACWA
<EMAIL_ADDRESS>                                      Yes
                                 Karen Lechner
                                      AK
<EMAIL_ADDRESS>                                      No
                                 Christy Monk
                                      AL
<EMAIL_ADDRESS>                                      Yes
                                 Eric Cleckler

<EMAIL_ADDRESS>
                                  Glenda Dean

<EMAIL_ADDRESS>
                                 Teresa Marks
                                      AR
<EMAIL_ADDRESS>                                      No
                                   Pat Goff

<EMAIL_ADDRESS>
                                   Mo Shafii

<EMAIL_ADDRESS>
                                 Karen Bassett

<EMAIL_ADDRESS>
                                 David Ramsey

<EMAIL_ADDRESS>
                                Ellen Carpenter

<EMAIL_ADDRESS>
                                Wendy LeStarge
                                      AZ
<EMAIL_ADDRESS>                                      Yes
                                 Robin Belley

<EMAIL_ADDRESS>
                                  David Lelsz

<EMAIL_ADDRESS>
                         Darren Polhemus
                                      CA
<EMAIL_ADDRESS>                                      No
                       Renee Purdy

<EMAIL_ADDRESS>
                        Deborah Smith

<EMAIL_ADDRESS>
                       Vicky Whitney

<EMAIL_ADDRESS>
                                  Andy Putnam
                                      CO
<EMAIL_ADDRESS><EMAIL_ADDRESS>                                      No
                                 Elisa Willard

<EMAIL_ADDRESS>
                                 Bob Zimmerman
                                      DE
<EMAIL_ADDRESS><EMAIL_ADDRESS>                                      Yes
                                   Tom Tyler
                                     ECOS
<EMAIL_ADDRESS>                                      No
                                  Chris Klena
                                      FL
<EMAIL_ADDRESS>                                      Yes
                              Jessica Kleinfelter

<EMAIL_ADDRESS>
                                 Edward Smith

<EMAIL_ADDRESS>

                               Frances Carpenter
                                      GA
<EMAIL_ADDRESS>                                      Yes
                                Scott Miyashiro
                                      HI
<EMAIL_ADDRESS>                                      Yes
                                 Tom Easterly
                                      IN
<EMAIL_ADDRESS><EMAIL_ADDRESS>                                      Yes
                               Jeremy Chenevert

<EMAIL_ADDRESS>
                                 Mark Stanifer

<EMAIL_ADDRESS>
                               Courtney Cswercko
                                      IA
<EMAIL_ADDRESS>                                      No
                                 Ed Dillingham
                                      KS
<EMAIL_ADDRESS>                                      Yes
                                 Steve Caspers

<EMAIL_ADDRESS>
                             Shelly Shores-Miller

<EMAIL_ADDRESS>
                                Shawn Hokanson
                                      KY
<EMAIL_ADDRESS>                                      No
                                  Grace Scott
                                      MI
<EMAIL_ADDRESS>                                      Yes
                                Carla Davidson

<EMAIL_ADDRESS>
                                 Ruth Wallace
                                      MO
<EMAIL_ADDRESS>                                      Yes
                                  Walter Fett

<EMAIL_ADDRESS>
                              Christopher Miller

<EMAIL_ADDRESS>
                                  Tamara Dahl
                                      MN
<EMAIL_ADDRESS>                                      No
                                 Paul Scheirer

<EMAIL_ADDRESS>
                                  John Murphy
                                    NEIWPCC
<EMAIL_ADDRESS>                                      No
                        Deborah Gore
                                      NC
<EMAIL_ADDRESS>                                      No
                        Bradley Bennett

<EMAIL_ADDRESS>
                                 Jason Lonardo
                                      NJ
<EMAIL_ADDRESS>                                      Yes
                                 Julio Collazo

<EMAIL_ADDRESS>
                                 Robert Wither
                                      NY
<EMAIL_ADDRESS>                                      No
                                 Joseph DiMura

<EMAIL_ADDRESS>
                      Alan Tinney
                                  Dave Gaskin
                                      NV
<EMAIL_ADDRESS>                                      Yes

<EMAIL_ADDRESS>
                    Brian Hall
                                      OH
<EMAIL_ADDRESS>                                      No
                     Erin Sherer

<EMAIL_ADDRESS>
                             Shellie Chard-McClary
                                      OK
<EMAIL_ADDRESS>                                      Yes
                                  Roy Walker

<EMAIL_ADDRESS>
                                 David Pruitt

<EMAIL_ADDRESS>
                                 Jim Billings
                                      OR
<EMAIL_ADDRESS>                                      No
                                 Sean Furjanic
                                      PA
<EMAIL_ADDRESS>                                      No
                                Kent Woodmansey
                                      SD
<EMAIL_ADDRESS>                                      No
                                   Tim Flor

<EMAIL_ADDRESS>
                                Albert Spangler

<EMAIL_ADDRESS>
                               Lawrence Bunting
                                      TN
<EMAIL_ADDRESS>
                                      No
                                 Yatasha Moore

<EMAIL_ADDRESS>

                                  Kim Wilson
                                      TX
<EMAIL_ADDRESS>                                      No
                               Rebecca Villalba

<EMAIL_ADDRESS>
                                 Lynley Doyen

<EMAIL_ADDRESS>
                               Kimberly Shepard

<EMAIL_ADDRESS>
                                 Jeff Studenka
                                      UT
<EMAIL_ADDRESS>                                      No
                                 Jerome Brooks
                                      VA
<EMAIL_ADDRESS>                                      Yes
                                Deborah Debiasi

<EMAIL_ADDRESS>
                                  Phani Eturu

<EMAIL_ADDRESS>
                                Stephen Bernath
                                      WA
<EMAIL_ADDRESS>                                      Yes
                                  Dave Knight

<EMAIL_ADDRESS>
                                  Nancy Kmet

<EMAIL_ADDRESS>
State representatives from West Virginia (Marcus E. Soulsby and Terrie Sangid) also participated in the meeting.

Table 2: EPA Technical Workgroup Members

                                     Name
                                  EPA Office
                                     Email
                               Present? (Yes/No)
                                John Dombrowski
                                 OECA/OC/ETDD
<EMAIL_ADDRESS>                                      No
                                  Andy Hudock
                                 OECA/OC/ETDD
<EMAIL_ADDRESS>                                      Yes
                                Rochele Kadish
                                 OECA/OC/ETDD
<EMAIL_ADDRESS>                                      No
                                Carey Johnston
                                 OECA/OC/ETDD
<EMAIL_ADDRESS>                                      Yes
                                 Jackie Clark
                                  OW/OWM/WPD
<EMAIL_ADDRESS>                                      Yes
                                  Jan Pickrel
                                  OW/OWM/WPD
<EMAIL_ADDRESS>                                      Yes
                                Ginny Phillips
                                 OECA/OCE/WED
<EMAIL_ADDRESS>                                      Yes
                                 Aditi Prabhu
                                    OGC/WLO
<EMAIL_ADDRESS>                                      No
                                 David Apanian
                                   Region 4
<EMAIL_ADDRESS>                                      Yes
                                  Sandra Chew
                                   Region 9
<EMAIL_ADDRESS>                                      No
                                  Glynis Hill
                                 OP/ORPM/PRAD
<EMAIL_ADDRESS>                                      No

Table 3: State Technical Workgroup Discussions to Discuss Public Comments

                                      DCN
                                     Date
Topic
Data Source
                                   DCN 0219
                                  02/05/2015
Basic Facility and Permit Data
Ind. Permit Applications/NOIs
                                   DCN 0220
                                  02/12/2015
Basic Violation and Enforcement Action Data
States & Ind. Permit Applications/NOIs
                                   DCN 0221
                                  02/26/2015
Municipal Separate Storm Sewer System (MS4) Information
Ind. Permit Applications/NOIs & MS4 Program Report
                                   DCN 0222
                                  03/05/2015
Construction and Industrial Stormwater Information
Ind. Permit Applications/NOIs
                                   DCN 0223
                                  03/12/2015
CSO & Collection System Information & Sewer Overflow Data
Ind. Permit Applications/NOIs & Sewer Overflow Event Reports
                                   DCN 0224
                                  03/19/2015
Pretreatment Data
Ind. Permit Applications/NOIs & Annual POTW Pretreatment Program Reports, CIU/SIU Reports When EPA or State is Control Authority
                                   DCN 0225
                                  03/26/2015
Cooling Water and Thermal Variance Data
Ind. Permit Applications/NOIs
                                   DCN 0226
                                  04/02/2015
Biosolids Data
States & Ind. Permit Applications/NOIs & Annual Biosolids Reports
                                   DCN 0227
                                  04/09/2015
CAFO Data
Ind. Permit Applications/NOIs & Annual Biosolids Reports
                                   DCN 0228
                                  05/13/2015
Review of Appendix A
All NPDES program data
                                   DCN 0229
                                  05/27/2015
Review of State Representative Questions to EPA
All NPDES program data


[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56450-56451]
[FR Doc No: 2019-23003]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-759]

Duke Energy Carolinas, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project No: 2232-759.
    c. Date Filed: October 2, 2019.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Catawba-Wateree Hydroelectric Project.
    f. Location: Lake James in Burke County, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Dennis Whitaker, Manager Lake Services,
EC12Y, 526 S Church Street, Charlotte, NC 28201-1006,<PHONE_NUMBER>.
    i. FERC Contact: Mark Carter,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: November 15, 2019.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2232-759.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must

also serve a copy of the document on that resource agency.
    k. Description of Request: Duke Energy Carolinas, LLC proposes to
allow the expansion of Lake James Marina from the existing 68 boat
slips to a total of 240 boat slips. The marina would also serve as a
staging area for dock construction and shoreline stabilization
activities. The marina would continue to be operated as a True Public
Marina, providing public restrooms, a fuel dock, a waste pump station,
and marina store.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: October 16, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-23003 Filed 10-21-19; 8:45 am]
 BILLING CODE 6717-01-P