                           SUPPORTING STATEMENT FOR
                 INFORMATION COLLECTION REQUEST NUMBER 1688.07

                   "RCRA EXPANDED PUBLIC PARTICIPATION"

                               TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION	14
1(a)	Title of the Information Collection	14
1(b)	Short Characterization	14
2.	NEED FOR AND USE OF THE COLLECTION	14
2(a)	Need/Authority for the Collection	14
2(b)	Practical Utility/Users of the Data	14
3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	14
3(a)	Nonduplication	14
3(b)  	Public Notice	14
3(c)	Consultations	14
3(d)	Effects of Less Frequent Collection	14
3(e)	General Guidelines	14
3(f)	Confidentiality	14
3(g)	Sensitive Questions	14
4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	14
4(a)	Respondents/NAICS Codes	14
4(b)	Information Requested	14
5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	14
5(a)	Agency Activities	14
5(b)	Collection Methodology and Management	14
5(c)	Small Entity Flexibility	14
5(d)	Collection Schedule	14
6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION	14
6(a)	Estimating Respondent Hours	14
6(b)	Estimating Respondent Costs	14
Labor Costs	14
Capital/Start-Up Costs	14
6(c)	Estimating Agency Hour and Cost Burden	14
6(d)	Estimating the Respondent Universe and Total Hour and Cost Burden	15
6(e)	Bottom Line Hour and Cost Burden	16
6(f)	Reasons for Change in Burden	23
6(g)	Burden Statement	23

                                   EXHIBITS

Exhibit 1:	Requirements Regarding Expanded Public Participation:
         Estimated Annual Respondent Hour and Cost Burden	16

Exhibit 2:  Requirements Regarding Expanded Public Participation:
         Estimated Annual Agency Hour and Cost Burden	17

Exhibit 3:  Total Annual Respondent Hour and Cost Burden	18

Exhibit 4:  Total Annual Agency Hour and Cost Burden	18

IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title of the Information Collection

      This ICR is titled "RCRA Expanded Public Participation (Renewal),"
      ICR number 1688.07, OMB number 2050-0149.

1(b)	Short Characterization

      The Resource Conservation and Recovery Act (RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984, requires EPA to establish a national regulatory program to ensure that hazardous wastes are managed in a manner protective of human health and the environment.  EPA has a statutory obligation, under Section 7004(b) of RCRA, to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under the Act.  The regulations implementing these requirements are codified at 40 CFR Parts 124 and 270.

      EPA promulgated requirements for providing additional opportunities for the public to be involved in the RCRA permitting process at 40 CFR 124.31 through 124.33 and at 40 CFR 270.62 and 270.66.  The Part 124 requirements apply to all types of hazardous waste treatment, storage, and disposal facilities, unless exempted under a specific section; the Part 270 requirements apply only to hazardous waste combustors planning trial burns.

      In summary, the expanded public participation regulations require:

 A permit applicant to provide notice of and hold an informal meeting with the public before submitting a Part B application, and to submit a summary of the meeting to the agency (§124.31);

 The Agency to issue a public notice when it receives an application (§124.32);

 Certain facilities (as decided by the Agency Director on a case-by-case basis) to set up and maintain an information repository (§124.33); and

 The Agency to issue a public notice of an upcoming trial burn at a permitted hazardous waste combustion facility (§§ 270.62(b)(6) and 270.66(d)(3)), or at a hazardous waste combustion facility operating under interim status (§§ 270.62(d) and 270.66(g)).

      EPA believes that these regulations encourage people to become involved in the permitting process and increase understanding of hazardous waste facilities.

NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

      Section 7004(b) of RCRA gives EPA broad authority to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under RCRA.  In addition, the statute specifies certain public notices (i.e., radio, newspaper, and a letter to relevant agencies) that EPA must provide before issuing any RCRA permit.  The statute also establishes a process by which the public can dispute a permit and request a public hearing to discuss it.  EPA carries out much of its RCRA public involvement at 40 CFR Parts 124 and 270.

      In 1995, EPA expanded the public participation requirements under the RCRA program by promulgating the RCRA Expanded Public Participation Rule (60 FR 63417; December 11, 1995).  The rule responded to calls by the Administration and stakeholders (e.g., States and private citizens) to provide earlier and better public participation in EPA's permitting programs, including procedures for more timely information sharing.  In particular, the rule requires earlier public involvement in the permitting process (e.g., pre-application meetings), expanded public notice for significant events (e.g., notices of upcoming trial burns), and more opportunities for the exchange of permitting information (e.g., information repository).

      The rule also is consistent with EPA's current policies on public participation.  In May of 2003, EPA finalized the Public Involvement Policy.  The policy updates an earlier policy issued in 1981.  Among other things, the policy calls for a strengthened commitment to meaningful public involvement, greater attention to the specific concerns and interests of affected people and entities, and use of a wider variety of public involvement techniques.  In this regard, the RCRA Expanded Public Participation Rule can serve as an example to the EPA programs of how to achieve many of the goals of the policy.

2(b)	Practical Utility/Users of the Data

      The required activities and information are needed to help assure timely and effective public participation in the permitting process.  The requirements are intended to provide equal access to information to all stakeholders in the permitting process:  the permitting agency, the permit applicant, and the community where a facility is located.  Some facilities may be required to develop information repositories to allow for expanded public participation and access to detailed facility information as part of the permitting process.

NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication

      The information collections covered in this ICR are not available from sources other than the respondents.  EPA's Office of Solid Waste is the only office within the Agency collecting this information, and no other Federal agency or department collects this information.

3(b)  	Public Notice

      In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on December 6, 2011. EPA announced in the Federal Register (76 FR 76158) that it intended to renew ICR No. 1688.07.  The comment period ended on February 6, 2012.  The Agency received no comments that it took into account prior to submitting this ICR to OMB for review.

3(c)	Consultations

      The rule covered by this ICR was developed using proper rulemaking procedures.  EPA made every effort to consult with the general public, State and industry officials, and appropriate Federal agencies.  In 2005, EPA Regional offices and selected facilities provided feedback on the hour and cost burden estimates included in the ICR.  One facility in particular provided feedback on the hour and cost burden estimates:  Mr. Bart Wesley and Mr. Lloyd Tabary of DSM Copolymer, Addis, LA. In 2012, EPA contacted facilities which had submitted part B permit applications post-2008 to seek their input on the burden associated with these requirements. The feedback from the respondents suggest that the burden estimates (provided in 2005) are accurate representations of the burden associated with this information collection request. The two respondents providing information were Nancy Luxton of Archimica Inc, Spingfield, MO<PHONE_NUMBER>) and Timothy Lafond of Johnson Controls Battery Group Inc, Florence, SC<PHONE_NUMBER>). In this ICR (ICR number 1688.07), EPA has retained the hour estimates provided by the 2005 facility contacts, and updated their cost estimates to 2012 levels.

3(d)	Effects of Less Frequent Collection

      EPA sought to reduce the reporting frequency to the minimum that is necessary to ensure compliance with the rule.  It would not be possible to collect this information less frequently and still assure that the requirements of permit and public involvement regulations are met by owners or operators.  The reporting frequency is essential to assure that any changes in the trial burn plans or in the anticipated permit application contents are made known to EPA and to the public.

3(e)	General Guidelines

      This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's Information Collection Review Handbook, and other applicable OMB guidance.

3(f)	Confidentiality

      Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality.  If the Agency receives any confidential information, it will manage that information according to the protocols established by the Agency, as appropriate.

3(g)	Sensitive Questions

      No questions of a sensitive nature are included in any of the information collection requirements.

THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/NAICS Codes

      The following is a list of North American Industrial Classification System (NAICS) codes associated with the facilities most likely to be affected by the expanded public participation requirements analyzed under this ICR:

      22132		Sewage Treatment Facilities
      32411		Petroleum Refineries
      32511		Petrochemical Manufacturing
      32512		Industrial Gas Manufacturing
      32551		Paint and Coating Manufacturing
      33271		Machine Shops
      33422		Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
      33633		Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing
      33634		Motor Vehicle Brake System Manufacturing
      33635		Motor Vehicle Transmission and Power Train Parts Manufacturing
      42271		Petroleum Bulk Stations and Terminals
      44111		New Car Dealers
      44711		Gasoline Stations with Convenience Store
      44719		Other Gasoline Stations
      48411		General Freight Trucking, Local
      48421		Used Household and Office Goods Moving
      48422		Specialized Freight (except Used Goods) Trucking, Local
      56292		Materials Recovery Facilities
      221111	Hydroelectric Power Generation
      221112	Fossil Fuel Electric Power Generation
      221113	Nuclear Electric Power Generation
      221119	Other Electric Power Generation
      221121	Electric Bulk Power Transmission and Control
      221122	Electric Power Distribution
      311942	Spice and Extract Manufacturing
      323110	Commercial Lithographic Printing
      323114	Quick Printing
      325131	Inorganic Dye and Pigment Manufacturing
      325188	All Other Basic Inorganic Chemical Manufacturing
      325193	Ethyl Alcohol Manufacturing
      325199	All Other Basic Organic Chemical Manufacturing
      325211	Plastics Material and Resin Manufacturing
      325998	All Other Miscellaneous Chemical Product  Manufacturing
      331311	Alumina Refining
      332813	Electroplating, Plating, Polishing, Anodizing, and Coloring
      332999	Other Miscellaneous Fabricated Metal Product Manufacturing
      333319	Other Commercial and Service Industry Machinery Manufacturing
      333999	All Other General Purpose Machinery Manufacturing
      334418	Printed Circuit/Electronics Assembly Manufacturing
      334419	Other Electronic Component Manufacturing
      336211	Motor Vehicle Body Manufacturing
      336312	Gasoline Engine and Engine Parts Manufacturing
      336322	Other Motor Vehicle Electrical and Electronic Equipment Manufacturing
      336399	All Other Motor Vehicle Part Manufacturing
      454311	Heating Oil Dealers
      454312	Liquefied Petroleum Gas (Bottled Gas) Dealers
      562111	Solid Waste Collection
      562112	Hazardous Waste Collection
      562119	Other Waste Collection
      562211	Hazardous Waste Treatment and Disposal
      562212	Solid Waste Landfills
      562213	Solid Waste Combustors and Incinerators
      562219	Other Nonhazardous Waste Treatment and Disposal
      811111	General Automotive Repair

4(b)	Information Requested

      Pre-application Public Meeting and Notice

      Under 40 CFR 124.31(a) and (b), facilities applying for an initial Part B permit or a Part B permit renewal, where the renewal application is proposing a change that would qualify as a Class 3 permit modification under 40 CFR 270.42, are required to hold at least one meeting with the public prior to submitting the Part B permit application to the permitting agency.  The applicant must submit a summary of the meeting, along with the list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, to the permitting agency as part of the Part B application (§124.31(c)).  Under 40 CFR 124.31(d), applicants must provide public notice (i.e., newspaper advertisement, visible and accessible sign, and broadcast media announcement) of the pre-application meeting at least 30 days prior to the meeting.  The applicant also must provide a copy of the notice to the permitting agency and to the appropriate units of State and local government.  (Note: In regard to 40 CFR 124.31(c), this ICR addresses the respondent activities associated with collecting the required information.  Submittal of this information to the permitting agency is addressed in Supporting Statement for EPA Information Collection Request Number 1573, "Part B Permit Application, Permit Modifications, And Special Permits.")

      (i)	Data Items:

 A public notice that includes:

--			The date, time, and location of the meeting;

--			A brief description of the purpose of the meeting;

--			A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;

--			A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and

--			The name, address, and telephone number of a contact person for the applicant.

 Information to be submitted to the permitting agency as part of the Part B permit application:

--			Copy of newspaper notice announcing the pre-application meeting;

--			A summary of a pre-application meeting with the public;

--			A list of attendees and their addresses; and

--			Copies of any written comments or materials distributed at the meeting.

      (ii)	Respondent Activities:

      To comply with the requirements in Section 124.31, applicants must perform the following activities:

 Read the regulations;

 Prepare notice of pre-application meeting;

 Prepare a multilingual notice of pre-application meeting, if appropriate;

 Provide for publication/posting/broadcasting of notice;

 Provide copy of pre-application meeting notice to the permitting agency and appropriate units of State and local government;

 Retain documentation of the notice;

 Prepare for and conduct the meeting;

 Prepare a meeting summary; and

 Copy the list of attendees with their addresses.

      Information Repository

      Under 40 CFR 124.33, the Agency Director has the authority to require certain applicants/facilities to establish and maintain an information repository.  Applicants/facilities instructed by the Agency Director to establish an information repository must, at a minimum, provide a written notice about the information repository to all individuals on the facility mailing list.  The Agency Director will determine the information to be placed in the information repository.

Data Items:

 Written notice about the information repository; and

 Information in the repository, e.g.:

--			A summary of the pre-application public meeting;

--			A copy of the Part B permit application; and

--			Any other information the Agency Director determines to be relevant to public understanding of permitting activities at the facility.

      (ii)	Respondent Activities:

      To comply with the requirements in section 124.33, applicants must conduct the following activities:

 Read the regulations;

 Arrange with a local building for space to establish the information repository;

 Provide notice of the repository to individuals on the facility mailing list;

 Provide a multilingual notice of the repository to individuals on the facility mailing list, if appropriate;

 Establish the information repository; and

 Maintain the information repository.

THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

      Notice at Application Submittal

      40 CFR 124.32 requires the Agency to provide public notice, as set forth in sections 124.10(c)(1)(ix) and (x), at the application submittal stage.

      Information Repository

      40 CFR 124.33 provides discretionary authority for the Agency to require, on a case-by-case basis, the owner or operator of a facility to set up an information repository, and to provide a notice to the facility mailing list about the repository.  Section 124.33(d) requires the Agency Director to specify the contents of the repository and establish requirements for informing the public about the establishment of the repository (at a minimum, the Agency Director will require the facility to provide written notice to the facility mailing list).

      Trial Burn Notice

      40 CFR 270.62(b)(6), 270.62(d), 270.66(d)(3), and 270.66(g) require the Agency to provide public notice, as set forth in sections 124.10(c)(1)(ix) and (x), of an impending trial burn at a permitted hazardous waste combustion facility, or at a hazardous waste combustion facility operating under interim status.

5(b)	Collection Methodology and Management

      In collecting and analyzing the information required by the expanded public participation activities, EPA uses equipment such as personal computers and applicable data base software, when appropriate.  The public will receive information through newspaper announcements and other media, and, in some cases, will have access to additional data through an information repository as specified by the Agency under 40 CFR 124.33.

5(c)	Small Entity Flexibility

      In developing the regulations for expanding public involvement in the RCRA permitting process, EPA was sensitive to the needs and concerns of small businesses.  Therefore, the regulations describe the minimum efforts necessary to fulfill the public involvement requirements.  EPA avoided including narrow, prescriptive requirements in the final RCRA Expanded Public Participation Rule, in order to provide as much flexibility as possible -- for the facility, the community, and the Agency -- in implementing the requirements.  Furthermore, EPA conducted a small entity impact screening analysis for the proposed rule and determined that there were no small entities significantly impacted (see 59 FR 28680; June 2, 1994).  Because there were no substantive changes to the public participation requirements since the proposal, EPA determined that the requirements do not significantly impact small entities.

      EPA's intent in developing the requirements was to provide flexibility for a facility, in cooperation with local agencies or community groups, to determine the most effective communication mechanisms for a particular situation.  EPA recognizes that, in some situations, an information repository could become resource-intensive for a facility or for the local community.  EPA addressed this concern by providing discretion to the Director to determine whether to require a repository, rather than requiring it for all facilities.

5(d)	Collection Schedule

      Many of the requirements do not have specific schedules governing the submittal of the information.  Requirements that have specific time frames associated with them are described below.

      Pre-application Public Meeting and Notice

      40 CFR 124.31(d) requires the applicant to provide public notice of the pre-application meeting at least 30 days before the meeting is scheduled.

      Notice at Application Submittal

      40 CFR 124.32(b)(2) requires the Agency Director to publish the notice "within a reasonable period of time after the application is received."

      Trial Burn Notice

      40 CFR 270.62(b)(6)(i), 270.62(d), 270.66(d)(3)(i), and 270.66(g) require the Agency Director to provide notice to the mailing list and to appropriate units of State and local government "within a reasonable time period before the scheduled trial burn."

ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	Estimating Respondent Hours

      EPA estimates respondent burden hours for the information collection requirements associated with the pre-application meeting and the information repository requirements in Exhibit 1.  The burden estimates for each activity presented in Exhibit 1 include the burden hours (total and by labor type) per facility, as well as the overall burden hours associated with the given activities.

6(b)	Estimating Respondent Costs

Labor Costs

      EPA estimates an average hourly respondent labor cost of $126.20 for legal staff, $91.39 for managerial staff, $69.63 for technical staff, and $39.17 for clerical staff.  To arrive at these estimates, EPA referred to the currently approved Supporting Statement for EPA Information Collection Request Number 1573, "Part B Permit Application, Permit Modifications, And Special Permits."  EPA then applied an adjustment factor of 1.088 to update the loaded hourly rates to 2012 levels.

      These labor costs are shown in Exhibit 1.

Capital/Start-Up Costs

      Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment.  For this ICR, capital costs include the purchase of file cabinets for an information repository.

      In complying with the requirements covered in this ICR, facilities may be required to maintain an information repository.  The information repository will require file cabinet space to retain the information required.  EPA took the following steps to estimate the cost of the file cabinets:
      ::	Estimate the number of file cabinets per facility required for the information repository.  Given that the standard-size, five-drawer, lateral file cabinet is expected to hold approximately 16,000 pages of material, EPA estimates that each facility would need to purchase only one file cabinet to retain copies of the applications and other required documentation within the time period of this ICR.  The approximate cost of purchasing a file cabinet is estimated at $550.

      ::	Calculate the annualized cost.  EPA used the following formula to calculate the annual cost to facilities for acquiring the file cabinets:

            Annualized Net Present Value  =  $550 x [1/(∑1/(1+k)[t])]

               where	k = discount rate of 7 percent; and
                        t = life of permit (10 years).

      EPA estimates that each facility will pay an annual cost of $78 for its file cabinet.  This equates to a total annual capital cost of $546 for all seven facilities (i.e., 7 x $78 = $546).  This capital cost is shown in Exhibit 3.

      Operation and Maintenance Costs

      Operation and maintenance (O&M) costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR.  They are defined by the Paperwork Reduction Act of 1995 as "the recurring dollar amount of costs associated with O&M or purchasing services."  For this ICR, O&M costs include:

Newspaper advertisement: EPA estimates that a permit applicant will incur a cost of $36.84 for a four-line announcement in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility.

Broadcast media announcement: EPA assumes that the radio broadcast will be a public service.  Therefore, the applicant will incur no costs for the radio announcement.

Meeting materials: EPA estimates that a permit applicant will incur a cost of $30 for 100 copies of a three-piece handout (i.e., 300 pages @ $0.10/page) and $2.38 for tapes to record the meeting (i.e., 2 tapes @ $1.19/tape).

Space rental: EPA assumes that a permit applicant will conduct the pre-application public meeting in a community center.  Thus, the applicant will incur no space rental costs.

Mailing costs: EPA estimates that a permit applicant will incur a cost of $3.24 to mail the pre-application notice to the permitting agency and the appropriate units of State and local government (i.e., 6 government agencies @ $0.54/agency ($0.45 for stamp and $0.09 for envelope)).  EPA also estimates a cost of $135 for mailing a written notice about the information repository to all individuals on the facility mailing list (i.e., 250 individuals on the facility mailing list @ $0.54/individual).

These O&M costs are shown in Exhibit 1.

6(c)	Estimating Agency Hour and Cost Burden

      EPA estimates the Agency hour and cost burden associated with all of the requirements covered in this ICR in Exhibit 2.

      Describing Agency Activities

      Notice at Application Submittal.  To estimate the number of facilities for which the Agency will have to provide public notice at application submittal in each year covered by the ICR, EPA referred to RCRAInfo.[,]   Based on RCRAInfo data, EPA estimated the average annual number of Part B permit applications to be received over a three year period for initial permits and permit renewals.  By adding these two estimates, EPA ascertained the number of application submittals for which the Agency will have to provide public notice during the three-year period covered in the ICR.  A summary of EPA's assumptions is presented below:

 Based on RCRAInfo data, EPA estimates that 10 initial Part B permit applications, on average, will be received annually over a three year period.

 RCRAInfo indicates that 24 Part B permits, on average, will expire annually over a three year period.  EPA anticipates that ten percent of these permits (i.e., 3 permits), on average, will not be renewed annually.  Thus, EPA estimates that 21 permits (i.e., 24 - 3 = 21), on average, will be renewed annually over a three year period.

      Based on the above assumptions, EPA estimates that the Agency will have to provide public notice at application submittal for 31 facilities per year (i.e., 10 + 21 = 31).

      Information Repository.  The Agency Director may require facilities to establish information repositories at any point during the permit application process, or during the life of the permit.  EPA anticipates that information repositories will be required in a limited number of situations.  Unlike the pre-application meeting requirements, facilities submitting post-closure permit applications or modification requests (e.g., a Class 3 modification to add a combustion unit or to begin burning dioxin) could also potentially be required to establish a repository.

      EPA is assuming that 15 percent of the estimated 31 annual respondents subject to the pre-application meeting requirements (i.e., 0.15 x 31 = 5 facilities) will be required to set up a repository (see Section 6(d) for a description of the respondent universe estimate for the pre-application requirements).  EPA further estimates that one percent of the total universe of 1,575 RCRA treatment, storage, and disposal facilities (i.e., 0.01 x 1,575 = 16 facilities) would be subject to the repository requirements over the next ten years (i.e., 16 facilities/10 years = 2 facilities per year).  In total, EPA estimates that seven facilities per year (i.e., 5 + 2  = 7) will incur the costs associated with the information repository.

      Trial Burn Notice.  In estimating the number of facilities for which the Agency will have to provide public notice of an upcoming trial burn, EPA referred to RCRAInfo.  RCRAInfo indicates that seven trial burn plans, on average, were approved annually over a three year period.  For purposes of this ICR, EPA assumes that the same number will be approved annually over a three year period.

      Estimating Agency Hour and Cost Burden

      Hours.  EPA estimates Agency burden hours for the information collection requirements associated with the application submittal notice, the information repository, and the trial burn notice requirements in Exhibit 2.  The burden estimates for each activity presented in Exhibit 2 include the burden hours (total and by labor type) per respondent, as well as the overall burden hours associated with the given activities.

      Labor Costs.  EPA estimates an average hourly labor cost (labor plus overhead) of $76.38 for legal staff, $71.42 for managerial staff, $52.37 for technical staff, and $21.02 for clerical staff.  To derive these estimates, EPA used the General Schedule (GS) Salary Table 2012.  For purposes of this ICR, EPA assigned staff the following government service levels:

       Legal Staff		GS-15, Step 1
       Managerial Staff	GS-14, Step 4
       Technical Staff	GS-12, Step 5
       Clerical Staff		GS-5, Step 1

      To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work-year.  EPA then multiplied hourly rates by the standard government overhead factor of 1.6.

      Capital/Start-Up Costs.  The Agency is not expected to incur capital costs in conducting the activities covered in this ICR.

      Operation and Maintenance Costs.  For this ICR, O&M costs to the Agency include the costs associated with a public notice announcing that a Part B permit application has been received or that a trial burn will take place.  For the announcement of receipt of a RCRA permit application, EPA estimates the total cost of each public notice to be $164.34.  This cost includes the cost of a newspaper announcement.  It also includes mailing costs for providing a written notice to all individuals on the facility mailing list.  EPA assumes that the radio announcement will be a public service.  Thus, the Agency will incur no cost for a radio announcement.  For the announcement of a trial burn, EPA estimates the total O&M cost of each notice to be $127.50.  These O&M costs are shown in Exhibit 2.

6(d)	Estimating the Respondent Universe and Total Hour and Cost Burden

      Pre-application Public Meeting and Notice

      The pre-application meeting requirements apply to all facilities applying for an initial RCRA permit, and to already permitted facilities proposing a significant change in facility operations (i.e., changes equivalent to a Class 3 modification) at renewal.  These requirements do not apply to other renewal applications (i.e., those that do not include significant changes), post-closure applications, or routine permit modification requests.

      To estimate the number of initial RCRA permits, EPA referred to RCRAInfo.  Based on RCRAInfo data, EPA estimates that 10 initial Part B permit applications, on average, will be received annually over a three year period.

      To estimate the number of  permit renewals involving a significant change in facility operations, EPA again relied on RCRAInfo.  RCRAInfo indicates that 53 RCRA permits, on average, will expire annually over a three year period.  Based on its best judgment, EPA anticipates that ten percent of these permits (i.e., 3 permits), on average, will not be renewed each year.  Thus, EPA estimates that 21 permits (i.e., 24 - 3 = 21), on average, will be renewed annually over a three year period.  EPA assumes that, of these 21 permits, only ten percent (i.e., 21 x 0.10 = 2 permits) will involve significant changes to facility operations and thus be subject to the pre-application meeting requirements.

      Based on the above assumptions, EPA estimates that 13 facilities (i.e., 10 + 3 = 13), on average, will be subject to the pre-application requirements each year.

      Information Repository

      EPA estimates that, each year, seven facilities will incur the costs associated with the information repository.  (See Section 6(c) for a description of the universe estimate for the information repository requirements.)

6(e)	Bottom Line Hour and Cost Burden

      Respondent Tally

      Exhibit 3 shows the aggregate annual hour and cost burden to respondents.  As shown in the exhibit, EPA estimates the annual respondent burden to be 3,005 hours and $195,914.

      Agency Tally

      Exhibit 4 shows the aggregate annual hour and cost burden to the Agency.  As shown in the exhibit, EPA estimates the annual Agency burden to be 625 hours, at a cost of $38,184.

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	6(f)	Reasons for Change in Burden

	There has been no change in burden hours and an increase of $52 in burden cost due to recalculations in capital costs for this renewal.

6(g)	Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 91 hours per response.  The estimated reporting or recordkeeping burdens include the time to read the regulations and prepare the required information for activities analyzed in this ICR.  EPA developed weighted average reporting and recordkeeping burden estimates based on the number of respondents subject to each of the requirements.

      The reporting burden is associated with activities related to both the pre-application meeting, estimated to average 88.0 hours, and to the information repository, estimated to average 7.0 hours.  Thirty-one facilities will conduct activities associated with the pre-application meeting, five of those facilities will also conduct recordkeeping activities related to the information repository, and two additional facilities will conduct activities related to the information repository (these two facilities are not subject to the pre-application requirements).  Thus, the weighted average reporting burden for respondents is estimated to be 84.2 hours.

      The recordkeeping burden is associated with activities related to both the pre-application meeting, estimated to average 1.1 hours (to retain documentation), and to the information repository, estimated to average 27.1 hours.  Thirty-one facilities will conduct activities associated with the pre-application meeting, five of those facilities will also conduct recordkeeping activities related to the information repository, and two additional facilities will conduct activities related to the information repository.  Thus, the weighted average recordkeeping burden for respondents is estimated to be 6.8 hours.

      Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

      To comment on EPA 's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-RCRA-2011-0890, which is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the RCRA Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-RCRA-2011-0890 and OMB Control Number 2050-0149 in any correspondence.


[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Proposed Rules]
[Pages 44035-44038]
[FR Doc No: 2022-15809]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0906; Airspace Docket No. 21-ASO-27]
RIN 2120-AA66

Proposed Amendment and Establishment of Area Navigation (RNAV)
Routes; Eastern United States

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend five low altitude Area
Navigation (RNAV) routes (T-routes) and establish five T-routes in
support of the VHF Omnidirectional Range (VOR) Minimum Operational
Network (MON) Program. The purpose is to enhance the efficiency of the
National Airspace System (NAS) by transitioning from ground-based
navigation aids to a satellite-based navigation system.

DATES: Comments must be received on or before September 8, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0906; Airspace Docket No. 21-ASO-27 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would expand the availability of RNAV in the eastern
United States and improve the efficient flow of air traffic within the
NAS by lessening the dependency on ground-based navigation.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0906; Airspace Docket No. 21-ASO-27) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0906; Airspace Docket No. 21-ASO-27.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend five
low altitude RNAV T-routes, and to establish five T-routes in the
northeast United States to support the VOR MON Program, and the
transition of the NAS from ground-based navigation aids to satellite-
based navigation. The proposed route changes are described below.

    T-209: T-209 extends from the EHEJO, GA, Fix, to the Colliers, SC,
(IRQ) VOR and Tactical Air Navigational System (VORTAC). This proposal
would delete the existing segments of the route. Instead, T-209 would
be realigned to the east of its current track to overlay VOR Federal
airway V-185 from the Savannah, GA (SAV), VORTAC, to the Sugarloaf, NC
(SUG), VORTAC. The TBERT, SC, Waypoint (WP) would replace the Savannah
VORTAC. The WANSA, SC, WP would replace the Colliers VORTAC. The HRTWL,
SC, WP would replace the Greenwood, SC (GRD), VORTAC. The STYLZ, NC, WP
would replace the Sugarloaf VORTAC. As amended, T-209 would extend from
the TBERT, SC, WP; MILEN, GA, Fix; WANSA, SC, WP; HRTWL, SC, WP, to the
STYLZ, NC, WP.
    T-239: T-239 extends from the Pecan, GA (PZD), VHF Omnidirectional
Range/Distance Measuring Equipment (VOR/DME) to the GOINS, MS, WP. This
proposal would replace the Pecan VOR/DME with the PCANN, GA, WP. The
TYGRR, AL, WP would replace the Eufaula, AL (EUF), VORTAC. The
Tuskegee, AL, VOR/DME and the ADZIN, AL, Fix would be removed from the
route. The following points would be removed from the route legal
description because they do not mark a turn point: SHANY, GA, Fix;
AYUVO, GA, Fix; AXOSE, GA, Fix; MILER, AL, Fix; KENTT, AL, Fix; SEMAN,
AL, Fix; NIXBY, AL, Fix; FAYEZ, AL, Fix; KYLEE, AL, Fix: ADZIN, AL,
Fix; HANDE, AL, Fix; NEGEE, AL, Fix; CORES, AL, Fix; CHOOK, AL, Fix;
EXIST, AL, Fix; GANTT, MS, Fix; and ICAVY, MS, Fix. Removing these
points would not affect the alignment of T-239. As amended, T-239 would
extend from PCANN, GA, to GOINS, MS.
    T-255: T-255 extends from the NELIE, CT, Fix to the Marthas
Vineyard, MA (MVY), VOR/DME. This notice proposes to replace the
Providence, RI (PVD), VORTAC with the PROVI, RI, WP. The latitude and
longitude coordinates for the NELIE Fix, FALMA Fix, and the Marthas
Vineyard VOR/DME would be updated to include the hundredths of a second
place as is required for RNAV route descriptions.
    T-292: T-292 extends from the Semmes, AL (SJI), VORTAC to the
JACET, GA, WP. This proposal would replace the Semmes VORTAC in the
route description with the LYNRD, AL, WP. The Brookwood, AL (OKW),
VORTAC would be replaced in the route description by the DAYVS, AL, WP
(located 2.41 nautical miles (NM) east of the VORTAC position). As a
result, the route segment between the MOVIL, AL, Fix, and the VLKNN,
AL, WP would be shifted slightly east of the current track by less than
2 NM. Additionally, the following points would be removed from the
legal description because they do not mark a turn point: BURIN. AL,
Fix; HAZEY, AL, Fix; YARBO, AL, Fix; JANES, AL, Fix, EUTAW, AL, Fix;
MOVIL, AL, Fix; HOKES, AL, Fix; POLLL, GA, WP; and REELL, GA, WP. As
amended, T-292 would extend from LYNRD, AL, to JACET, GA.
    T-393: T-393 extends from the GAILS, MA, Fix to the Burlington, VT
(BVT), VOR/DME. This proposal would replace the Providence, RI (PVD),
VOR/DME with the PROVI, RI, WP. In addition, the following points would
be removed from the route legal description because they don't mark a
turn point: INNDY, MA, Fix; FOSTY, RI, Fix; GRIPE, MA, Fix; STRUM, NH,
Fix; UNKER, NH, Fix; MCADM, NH, Fix; ZIECH, VT, Fix; DAVID, VT, Fix;
CEVIB, VT, Fix; and POROE, VT, Fix. The amended T-393 would still
extend from GAILS, MA, to Burlington, VT.
    T-424: T-424 is a proposed new route that would extend from the
SMRRF, TN, WP, to the DBRAH, VA, WP. The route would overlay VOR
Federal airway V-16 from the Shelbyville, TN (SYI), VOR/DME to the
Roanoke, VA (ROA), VOR/DME. In the description of T-424, WPs would
replace the following navigation aids as indicated: The SMRRF, TN, WP
replaces the Shelbyville, TN (SYI), VOR/DME; the TMPSN, TN, WP replaces
the Hinch Mountain, TN (HCH), VOR/DME. The EDDDY, TN, WP replaces the
Volunteer, TN (VXV), VORTAC. The HORAL, TN, WP replaces the Holston
Mountain, TN (HMV), VORTAC. The DANCO, VA, WP replaces the Pulaski, VA
(PSK), VORTAC. The DBRAH, VA, WP replaces the Roanoke, VA (ROA), VOR/
DME.
    T-426: T-426 is a proposed new route that would extend from the
DANCO, VA, WP, to the MCDON, VA WP. The route would overlay VOR Federal
airway V-136 from the Pulaski, VA (PSK), VORTAC, to the South Boston,
VA (SBV), VORTAC. In the route description, the Pulaski VORTAC would be
replaced by the DANCO WP; and the South Boston VORTAC would be replaced
by the MCDON, VA, WP.
    T-437: T-437 is a proposed new route that would extend from the
SIROC, GA, WP, to the ZOOMS, WV, Fix. The route would overlay VOR
Federal airway V-37 from the Brunswick, GA (SSI), VORTAC to the ZOOMS
Fix. In the T-437 route description, the following navigation aids
would be replaced by WPs as follows: The SIROC WP would replace the
Brunswick, GA (SSI), VORTAC. The TBERT, SC, WP would replace the
Savannah, GA (SAV), VORTAC. The DURBE, SC, WP would replace the
Allendale, SC (ALD), VOR. The CAYCE, SC, WP would replace the Columbia,
SC (CAE), VORTAC. The CRLNA, NC, WP would replace the Charlotte, NC
(CLT), VOR/DME. The DANCO, VA, WP would replace the Pulaski, VA (PSK),
VORTAC.
    T-439: T-439 is a proposed new route that would extend from the
PIGON, AL, Fix, to the HITMAN, TN, WP. The PIGON Fix is located
approximately 36 NM northeast of the Monroeville, AL (MVC), VORTAC. The
HITMAN WP is located near the Nashville, TN (BNA), VORTAC.
    T-441: T-441 is a proposed new route that would extend from the
TROPP, SC, WP to the PENCE, TN, WP. The TROPP WP is being used in place
of the Charleston, SC (CHS), VORTAC. The PENCE WP is located 19 NM
northeast of the Volunteer, TN (VXV), VORTAC. T-441 would overlay VOR
Federal airway V-53 from the Charleston, SC (CHS), VORTAC, to the
Sugarloaf Mountain, NC (SUG), VORTAC; and overlay VOR Federal airway V-
185 from Sugar Loaf Mountain to PENCE, TN. In the route description,
WPs would be used in place of navigation aids as follows: The CAYCE,
SC, WP would replace the Columbia, SC (CAE), VORTAC. The BURGG, SC, WP
would replace the Spartanburg, SC (SPA), VORTAC. The STYLZ, NC, WP
would replace the Sugarloaf Mountain VORTAC. The PUPDG, NC WP would
replace the Snowbird, TN (SOT), VORTAC.
    Full route descriptions of the above T routes are listed in the
amendments to part 71 set forth below.
    United States RNAV T-routes are published in paragraph 6011 of FAA
Order JO 7400.11F, dated August 10, 2021, and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The RNAV
routes listed in this document would be subsequently published in FAA
Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of

Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 14 CFR 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-209 TBERT, SC to STYLZ, NC [Amended]

TBERT, SC                         WP                (Lat. 32[deg]08'46.76'' N, long. 081[deg]11'57.44'' W)
MILEN, GA                         FIX               (Lat. 32[deg]54'02.88'' N, long. 081[deg]36'33.99'' W)
WANSA, SC                         WP                (Lat. 33[deg]42'26.10'' N, long. 082[deg]09'43.99'' W)
HRTWL, SC                         WP                (Lat. 34[deg]15'05.33'' N, long. 082[deg]09'15.55'' W)
STYLZ, NC                         WP                (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)

                                                 * * * * * * *
T-239 PCANN, GA to GOINS, MS [Amended]

PCANN, GA                         WP                (Lat. 31[deg]39'18.97'' N, long. 084[deg]17'35.80'' W)
TYGRR, AL                         WP                (Lat. 31[deg]57'01.21'' N, long. 085[deg]07'49.13'' W)
VLKNN, AL                         WP                (Lat. 33[deg]40'12.49'' N, long. 086[deg]53'59.42'' W)
FOGUM, AL                         FIX               (Lat. 34[deg]06'25.32'' N, long. 087[deg]49'24.16'' W)
SWIKI, AL                         WP                (Lat. 34[deg]11'55.87'' N, long. 088[deg]00'42.44'' W)
GOINS, MS                         WP                (Lat. 34[deg]46'12.64'' N, long. 089[deg]29'46.81'' W)

                                                 * * * * * * *
T-255 NELIE, CT to Marthas Vineyard, MA (MVY) [Amended]

NELIE, CT                         INT               (Lat. 41[deg]56'27.64'' N, long. 72[deg]41'18.88'' W)
PROVI, RI                         WP                (Lat. 41[deg]43'25.46'' N, long. 071[deg]25'54.17'' W)
FALMA, RI                         FIX               (Lat. 41[deg]22'22.16'' N, long. 71[deg]10'16.25'' W)
Marthas Vineyard, MA (MVY)        VOR/DME           (Lat. 41[deg]23'46.37'' N, long. 70[deg]36'45.78'' W)

                                                 * * * * * * *
T-292 LYNRD, AL to JACET, GA [Amended]

LYNRD, AL                         WP                (Lat. 30[deg]43'33.26'' N, long. 088[deg]21'34.07'' W)
ANTUH, AL                         FIX               (Lat. 31[deg]33'10.56'' N, long. 088[deg]25'36.47'' W)
KWANE, MS                         WP                (Lat. 32[deg]22'00.47'' N, long. 088[deg]27'29.43'' W)
DAYVS, AL                         WP                (Lat. 33[deg]14'03.93'' N, long. 087[deg]12'07.88'' W)
VLKNN, AL                         WP                (Lat. 33[deg]40'12.49'' N, long. 086[deg]53'59.42'' W)
MAYES, AL                         FIX               (Lat. 33[deg]58'20.32'' N, long. 085[deg]49'15.34'' W)
RKMRT, GA                         WP                (Lat. 34[deg]03'36.73'' N, long. 085[deg]15'02.63'' W)
CCATT, GA                         WP                (Lat. 34[deg]16'14.97'' N, long. 084[deg]09'05.36'' W)
TRREE, GA                         WP                (Lat. 33[deg]47'14.78'' N, long. 082[deg]55'30.22'' W)
JACET, GA                         WP                (Lat. 33[deg]29'41.42'' N, long. 082[deg]06'27.81'' W)

                                                 * * * * * * *
T-393 GAILS, MA to Burlington, VT (BTV) [Amended]

GAILS, MA                         FIX               (Lat. 41[deg]52'08.51'' N, long. 070[deg]24'07.69'' W)
PROVI, RI                         WP                (Lat. 41[deg]43'25.46'' N, long. 071[deg]25'54.17'' W)
PUTNM, CT                         WP                (Lat. 41[deg]57'19.65'' N, long. 071[deg]50'38.76'' W)
Gardner, MA (GDM)                 VOR/DME           (Lat. 42[deg]32'45.31'' N, long. 072[deg]03'29.48'' W)
KEYNN, NH                         WP                (Lat. 42[deg]47'39.99'' N, long. 072[deg]17'30.35'' W)
LBNON, NH                         WP                (Lat. 43[deg]40'44.43'' N, long. 072[deg]12'58.18'' W)
Montpelier, VT (MPV)              VOR/DME           (Lat. 44[deg]05'07.74'' N, long. 072[deg]26'57.76'' W)
Burlington, VT (BTV)              VOR/DME           (Lat. 44[deg]23'49.58'' N, long. 073[deg]10'57.48'' W)

                                                 * * * * * * *
T-424 SMRRF, TN to DBRAH, VA [New]

SMRRF, TN                         WP                (Lat. 35[deg]33'43.23'' N, long. 086[deg]26'20.24'' W)
TMPSN, TN                         WP                (Lat. 35[deg]46'51.54'' N, long. 084[deg]58'43.15'' W)
EDDDY, TN                         WP                (Lat. 35[deg]54'17.33'' N, long. 083[deg]53'41.72'' W)
CRECY, TN                         WP                (Lat. 35[deg]58'52.61'' N, long. 083[deg]38'24.36'' W)
PENCE, TN                         WP                (Lat. 36[deg]01'09.80'' N, long. 083[deg]31'26.31'' W)
HORAL, TN                         WP                (Lat. 36[deg]26'13.99'' N, long. 082[deg]07'46.48'' W)
DANCO, VA                         WP                (Lat. 37[deg]05'15.75'' N, long. 080[deg]42'46.45'' W)
DBRAH, VA                         WP                (Lat. 37[deg]20'34.14'' N, long. 080[deg]04'10.75'' W)

                                                 * * * * * * *
T-426 DANCO, VA to MCDON, VA [New]

DANCO, VA                         WP                (Lat. 37[deg]05'15.75'' N, long. 080[deg]42'46.45'' W)
TABER, VA                         WP                (Lat. 37[deg]02'55.04'' N, long. 080[deg]02'55.66'' W)
PIGGS, VA                         FIX               (Lat. 36[deg]56'01.81'' N, long. 079[deg]42'40.61'' W)
DUNCE, VA                         WP                (Lat. 36[deg]50'52.00'' N, long. 079[deg]29'18.20'' W)
MCDON, VA                         WP                (Lat. 36[deg]40'29.56'' N, long. 079[deg]00'52.03'' W)

                                                 * * * * * * *
T-437 SIROC, OG to ZOOMS, WV [New]

SIROC, OG                         WP                (Lat. 31[deg]03'02.32'' N, long. 081[deg]26'45.89'' W)
KELER, GA                         FIX               (Lat. 31[deg]55'07.40'' N, long. 081[deg]11'09.14'' W)
TBERT, SC                         WP                (Lat. 32[deg]08'46.76'' N, long. 081[deg]11'57.44'' W)
DURBE, SC                         WP                (Lat. 33[deg]00'44.75'' N, long. 081[deg]17'32.69'' W)
CAYCE, SC                         WP                (Lat. 33[deg]51'26.13'' N, long. 081[deg]03'14.76'' W)
CRLNA, NC                         WP                (Lat. 35[deg]12'49.48'' N, long. 080[deg]56'57.32'' W)
DANCO, VA                         WP                (Lat. 37[deg]05'15.75'' N, long. 080[deg]42'46.45'' W)
ZOOMS, WV                         FIX               (Lat. 37[deg]28'32.22'' N, long. 080[deg]35'06.70'' W)

                                                 * * * * * * *
T-439 PIGON, AL to HITMN, TN [New]

PIGON, AL                         FIX               (Lat. 31[deg]33'33.58'' N, long. 086[deg]39'51.18'' W)
PICKS, AL                         FIX               (Lat. 31[deg]47'02.35'' N, long. 086[deg]55'03.13'' W)
RABEC, AL                         WP                (Lat. 32[deg]16'11.64'' N, long. 086[deg]58'01.67'' W)
WALTY, AL                         FIX               (Lat. 33[deg]00'11.43'' N, long. 086[deg]51'29.95'' W)
DAYVS, AL                         WP                (Lat. 33[deg]14'03.93'' N, long. 087[deg]12'07.88'' W)
OAKGO, AL                         FIX               (Lat. 33[deg]27'13.10'' N, long. 087[deg]14'11.79'' W)
NEGEE, AL                         FIX               (Lat. 33[deg]48'12.56'' N, long. 087[deg]10'36.89'' W)
NULLS, AL                         WP                (Lat. 34[deg]02'24.50'' N, long. 086[deg]56'17.64'' W)
HITMN, TN                         WP                (Lat. 36[deg]08'12.47'' N, long. 086[deg]41'05.25'' W)

                                                 * * * * * * *
T-441 TROPP, SC to PENCE, TN [New]

TROPP, SC                         WP                (Lat. 32[deg]53'40.00'' N, long. 080[deg]02'16.59'' W)
CAYCE, SC                         WP                (Lat. 33[deg]51'26.13'' N, long. 081[deg]03'14.76'' W)
BURGG, SC                         WP                (Lat. 35[deg]02'00.55'' N, long. 081[deg]55'36.86'' W)
STYLZ, NC                         WP                (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)
MUMMI, NC                         FIX               (Lat. 35[deg]39'48.60'' N, long. 082[deg]47'30.15'' W)
PUPDG, NC                         WP                (Lat. 35[deg]46'30.08'' N, long. 083[deg]03'40.16'' W)
PENCE, TN                         WP                (Lat. 36[deg]01'09.80'' N, long. 083[deg]31'26.31'' W)

* * * * *

    Issued in Washington, DC, on July 18, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-15809 Filed 7-22-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12497-12501]
[FR Doc No: 2012-5006]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R08-RCRA-2011-0823; FRL-9640-2]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (``EPA,'' ``the Agency''
or ``we'' in this preamble) today is granting a petition submitted by
the ConocoPhillips Billings, Montana Refinery (``ConocoPhillips'',
``Refinery'' or ``Petitioner'') to exclude or ``delist,'' from the list
of hazardous wastes, a maximum of 200 cubic yards per year of residual
solids from sludge removed from two storm water tanks at its Billings,
Montana refinery and processed in accordance with the petition.
    After careful analysis we have concluded that the petitioned waste
is not a hazardous waste. This exclusion conditionally excludes the
petitioned waste from the requirements of hazardous waste regulations
under the Resource Conservation and Recovery Act (RCRA) when processed
in accordance with the petition and disposed in a Subtitle D landfill
permitted, licensed, or otherwise authorized by a State to accept the
delisted processed storm water tank sludge. This rule also imposes
testing conditions for future processed storm water tank residuals to
ensure they continue to qualify for delisting.

DATES: This final rule is effective on March 1, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No.: EPA-R08-RCRA-2011-0823. All documents in the docket are listed on
the http://www.regulations.gov web site or in hard copy at the
Environmental Protection Agency Region VIII, Office of Partnerships and
Regulatory Assistance, Solid & Hazardous Waste Program, Mail Code: 8P-
HW, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The docket is
available for viewing from 8 a.m. to 3 p.m., Monday through Friday
excluding Federal holidays. You may

copy material from any regulatory docket at a cost of $0.15 per page.
EPA requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. You should
make an appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Solid and
Hazardous Waste Program, EPA Region 8, 1595 Wynkoop Street, Mail Code
8P-HW, Denver, Colorado 80202,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:

I. Background
    A. What is a delisting petition?
    B. What regulation allow a waste to be delisted?
II. ConocoPhillips Petition
    A. What waste did ConocoPhillips petition to delist?
    B. What information was submitted in support of this petition?
III. EPA's Evaluation and Final Decision
    A. What decision is EPA finalizing and why?
    B. What are the terms of this exclusion?
    C. When is the delisting effective?
    D. How does this action affect states?
IV. Statutory and Executive Order Reviews

I. Background

A. What is a delisting petition?

    A delisting petition is a request from a generator to exclude waste
from the list of hazardous wastes under RCRA regulations. In a
delisting petition, the petitioner must show that waste generated at a
particular facility does not meet any of the criteria for which the EPA
listed the waste as set forth in 40 CFR 261.11 and the background
document for the waste. In addition, a petitioner must demonstrate that
the waste does not exhibit any of the hazardous waste characteristics
of ignitability, reactivity, corrosivity, or toxicity and must present
sufficient information for the EPA to decide whether any factors, in
addition to those for which the waste was listed, warrant retaining it
as a hazardous waste. (See 40 CFR 260.22; 42 U.S.C. 6921(f).)
    If a delisting petition is granted, the generator remains obligated
under RCRA to confirm that future generated waste remains nonhazardous
based on hazardous waste characteristics and to ensure that future
generated wastes meet the conditions set forth in this final rule.

B. What regulations allow a waste to be delisted?

    Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), facilities may
petition the EPA to remove their waste from hazardous waste control by
excluding them from the lists of hazardous wastes contained in 40 CFR
261.31 and 261.32. Specifically, 40 CFR 260.20 allows any person to
petition the Administrator to modify or revoke any provision of parts
260 through 266, 268 and 273 of 40 CFR. 40 CFR 260.22 provides a
generator the opportunity to petition the Administrator to exclude a
waste from the lists of hazardous wastes on a ``generator-specific''
basis.

II. ConocoPhillips Petition

A. What waste did ConocoPhillips petition to delist?

    On December 3, 2010, ConocoPhillips petitioned the EPA to exclude a
maximum annual volume of 200 cubic yards of F037 residual solids from
processing (for oil recovery) sludge removed from two storm water tanks
at the Billings, Montana refinery, from the lists of hazardous waste
contained in 40 CFR 261.31, because it believed that the petitioned
wastes did not meet any of the criteria for which the waste was listed
and there were no additional constituents or factors that would cause
the waste to be hazardous. ConocoPhillips generates the waste through
periodically removing and processing sludge accumulated in two storm
water tanks through oil recovery and dewatering. The sludge is not
accumulated at a constant rate and is currently removed from the tanks
at approximately 18 month intervals and processed via centrifuge and/or
filter press for oil recovery and dewatering. Recovered oil is
reinserted into the refining process and water from dewatering is
routed to the Refinery's on-site wastewater treatment plant.

B. What information was submitted in support of this petition?

    ConocoPhillips submitted detailed descriptions of the process
generating the waste and other information regarding the makeup of
materials contributing to the sludge. ConocoPhillips asserted that the
waste does not meet the criteria for the F037 waste code listing and
that there are no other factors that might cause the waste to be
hazardous.
    To support its assertion that the waste is not hazardous,
ConocoPhillips collected samples of the waste for analysis. Sample
collection and chemical analysis were conducted in accordance with a
pre-approved sampling and analysis plan. Details of the sampling and
analysis plan and the analytical results are contained in the docket
for the December 8, 2011 proposed rule.

III. EPA's Evaluation and Final Decision

A. What decision is EPA finalizing and why?

    Today the EPA is finalizing an exclusion for up to 200 cubic yards
of residual solids, generated annually, from processing (for oil
recovery) sludge removed from two storm water tanks at the
ConocoPhillips Billings, Montana Refinery from the lists of hazardous
waste contained in 40 CFR 261.31. Review of this petition included
consideration of the original listing criteria, as well as the
additional factors required by the Hazardous and Solid Waste Amendments
of 1984 (HSWA). See Sec.  222 of HSWA, 42 U.S.C. 6921(f), and 40 CFR
260.22(d)(2)-(4).
    On December 8, 2011, the EPA proposed to exclude or delist the
storm water tank process residual generated at the ConocoPhillips
Billings, Montana Refinery from the list of hazardous wastes in 40 CFR
261.31 and accepted public comment on the proposed rule (76 FR 76677).
No public comments were received, and for reasons stated in both the
proposed rule and this document, we believe that the storm water tank
process residual from the ConocoPhillips Billings, Montana Refinery
should be excluded from hazardous waste control.

B. What are the terms of this exclusion?

    This exclusion applies only to a maximum annual generation of 200
cubic yards of process residual from treatment of sludge in two storm
water tanks at the ConocoPhillips Billings, Montana Refinery. This
exclusion is effective only if the storm water sludge is processed in
accordance with this rule, and the accompanying petition, and if all
conditions contained in this rule are satisfied. ConocoPhillips must
dispose of this waste in a Subtitle D landfill permitted, licensed or
regulated by the State of Montana, or other state subject to Federal
RCRA delisting, to accept the delisted processed storm water tank
sludge. ConocoPhillips must verify prior to disposal that the
constituent concentrations in the residual solids do not exceed the
allowable levels set forth in this exclusion.

C. When is the delisting effective?

    This rule is effective March 1, 2012. The Hazardous and Solid Waste
Amendments of 1984 amended section 3010 of RCRA to allow rules to
become effective in less than six months when

the regulated community does not need the six-month period to come into
compliance. This rule reduces rather than increases the existing
requirements and, therefore, is effective immediately upon publication
under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(d).

D. How does this action affect states?

    Because the 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 who have
received authorization from the EPA to make their own delisting
decisions.
    The EPA allows states to impose their own non-RCRA regulatory
requirements that are more stringent than the EPA's, under RCRA 3009,
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, the EPA urges petitioners to contact the state regulatory
authority to establish the status of their wastes under applicable
state law. Delisting petitions approved by the EPA Administrator or his
delegate pursuant to 40 CFR 260.22 are effective in the State of
Montana after the final rule has been published in the Federal
Register.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review,''
(58 FR 51735, Oct. 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, Aug. 10, 1999). Thus, Executive Order 13132 does not apply to
this rule.
    Similarly, because this rule will apply to 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, Nov. 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, Apr. 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 DRAS, which considers health and safety risks to
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, the 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.

List of Subjects in 40 CFR Part 261

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

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

    Dated: February 14, 2012.
James B. Martin,
Regional Administrator, Region 8.

    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 to 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
----------------------------------------------------------------------------------------------------------------
                Facility                            Address                        Waste description
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                                                  * * * * * * *
ConocoPhillips Billings Refinery........  Billings, Montana..........  Residual solids from centrifuge and/or
                                                                        filter press processing of storm water
                                                                        tank sludge (F037) generated at a
                                                                        maximum annual rate of 200 cubic yards
                                                                        per year must be disposed in a lined
                                                                        Subtitle D landfill, licensed, permitted
                                                                        or otherwise authorized by a state to
                                                                        accept the delisted processed storm
                                                                        water tank sludge. The exclusion becomes
                                                                        effective March 1, 2012.

                                                                       For the exclusion to be valid, the
                                                                        ConocoPhillips Billings Refinery must
                                                                        implement a verification testing program
                                                                        that meets the following Paragraphs:
                                                                       1. Delisting levels: The constituent
                                                                        concentrations in a leachate extract of
                                                                        the waste measured in any sample must
                                                                        not exceed the following concentrations
                                                                        (mg/L TCLP): Acenaphthene-37.9; Antimony-
                                                                        .97; Anthracene-50; Arsenic-.301; Barium-
                                                                        100; Benz(a)anthracene-.25; Benzene-.5;
                                                                        Benzo(a)pyrene-1.1; Benzo(b)fluoranthene-
                                                                        8.7; Benzo(k) fluoranthene-50; Bis(2-
                                                                        ethylhexyl)phthalate-50; 2-Butanone-50;
                                                                        Cadmium-1.0; Carbon disulfide-36;
                                                                        Chromium-5.0; Chrysene-25.0; Cobalt-
                                                                        .763; Cyanide(total)-41.2;
                                                                        Dibenz(a,h)anthrancene-1.16; Di-n-octyl
                                                                        phthalate-50; 1,4-Dioxane-36.5;
                                                                        Ethylbenzene-12; Fluoranthene-8.78;
                                                                        Fluorene-17.5; Indeno(1,2,3-cd)pyrene-
                                                                        27.3; Lead-5.0; Mercury-.2; m&p -Cresol-
                                                                        10.3; Naphthalene-1.17; Nickel-48.2; o-
                                                                        Cresol-50; Phenanthrene-50; Phenol-50;
                                                                        Pyrene-15.9; Selenium-1.0; Silver-5.0;
                                                                        Tetrachloroethene-0.7; Toluene-26;
                                                                        Trichloroethene-.403; Vanadium-12.3;
                                                                        Xylenes (total)-22; Zinc-500.
                                                                       2. Verification Testing: To verify that
                                                                        the waste does not exceed the specified
                                                                        delisting levels, ConocoPhillips must
                                                                        collect and analyze two composite
                                                                        samples of the residual solids from the
                                                                        processed sludge to account for
                                                                        potential variability in each tank.
                                                                        Composite samples must be collected each
                                                                        time cleanout occurs and residuals are
                                                                        generated. Sample collection and
                                                                        analyses, including quality control
                                                                        procedures, must be performed using
                                                                        appropriate methods. If oil and grease
                                                                        comprise less than 1 percent of the
                                                                        waste, SW-846 Method 1311 must be used
                                                                        for generation of the leachate extract
                                                                        used in the testing for constituents of
                                                                        concern listed above. SW-846 Method
                                                                        1330A must be used for generation of the
                                                                        leaching extract if oil and grease
                                                                        comprise 1 percent or more of the waste.
                                                                        SW-846 Method 9071B must be used for
                                                                        determination of oil and grease. SW-846
                                                                        Methods 1311, 1330A, and 9071B are
                                                                        incorporated by reference in 40 CFR
                                                                        260.11. As applicable, the SW-846
                                                                        methods might include Methods 1311,
                                                                        3010, 3510, 6010, 6020, 7470, 7471,
                                                                        8260, 8270, 9014, 9034, 9213, and 9215.
                                                                        If leachate concentrations measured in
                                                                        samples do not exceed the levels set
                                                                        forth in paragraph 1, ConocoPhillips can
                                                                        dispose of the processed sludge in a
                                                                        lined Subtitle D landfill which is
                                                                        permitted, licensed, or registered by
                                                                        the state of Montana or other state
                                                                        which is subject to Federal RCRA
                                                                        delisting. If constituent levels in any
                                                                        sample and any retest sample for any
                                                                        constituent exceed the delisting levels
                                                                        set in paragraph (1) ConocoPhillips must
                                                                        do the following:
                                                                       (A) Notify the EPA in accordance with
                                                                        paragraph (5) and;
                                                                       (B) Manage and dispose of the process
                                                                        residual solids as F037 hazardous waste
                                                                        generated under Subtitle C of RCRA.
                                                                       3. Changes in Operating Conditions:
                                                                        ConocoPhillips must notify the EPA in
                                                                        writing if the manufacturing process,
                                                                        the chemicals used in the manufacturing
                                                                        process, the treatment process, or the
                                                                        chemicals used in the treatment process
                                                                        significantly change. ConocoPhillips
                                                                        must handle wastes generated after the
                                                                        process change as hazardous until it
                                                                        has: Demonstrated that the wastes
                                                                        continue to meet the delisting
                                                                        concentrations in paragraph (1);
                                                                        demonstrated that no new hazardous
                                                                        constituents listed in appendix VIII of
                                                                        part 261 have been introduced; and it
                                                                        has received written approval from the
                                                                        EPA.
                                                                       4. Data Submittal: Whenever tank cleanout
                                                                        is conducted ConocoPhillips must verify
                                                                        that the residual solids from the
                                                                        processed storm water tank sludge meet
                                                                        the delisting levels in 40 CFR part 261
                                                                        Appendix IX Table 1, as amended by this
                                                                        notice. ConocoPhillips must submit the
                                                                        verification data to U.S. EPA Region 8,
                                                                        1595 Wynkoop Street, RCRA Delisting
                                                                        Program, Mail code 8P-HW, Denver, CO
                                                                        80202. ConocoPhillips must compile,
                                                                        summarize and maintain onsite records of
                                                                        tank cleanout and process operating
                                                                        conditions and analytical data for a
                                                                        period of five years.
                                                                       5. Reopener Language: (A) If, anytime
                                                                        after final approval of this exclusion,
                                                                        ConocoPhillips possesses or is otherwise
                                                                        made aware of any environmental data
                                                                        (including but not limited to leachate
                                                                        data or ground water monitoring data) or
                                                                        any other data relevant to the delisted
                                                                        waste indicating that any constituent
                                                                        identified for the delisting
                                                                        verification testing is at level higher
                                                                        than the delisting level allowed by the
                                                                        EPA in granting the petition, then the
                                                                        facility must report the data, in
                                                                        writing to the EPA at the address above,
                                                                        within 10 days of first possessing or
                                                                        being made aware of that data.
                                                                       (B) If ConocoPhillips fails to submit the
                                                                        information described in paragraph (A)
                                                                        or if any other information is received
                                                                        from any source, the EPA will make a
                                                                        preliminary determination as to whether
                                                                        the reported information requires EPA
                                                                        action to protect human health or the
                                                                        environment. Further action may include
                                                                        suspending, or revoking the exclusion,
                                                                        or other appropriate response necessary
                                                                        to protect human health and the
                                                                        environment.

                                                                       (C) If the EPA determines that the
                                                                        reported information requires the EPA
                                                                        action, the EPA will notify the facility
                                                                        in writing of the actions the agency
                                                                        believes are necessary to protect human
                                                                        health and the environment. The notice
                                                                        shall include a statement of the
                                                                        proposed action and a statement
                                                                        providing the facility with an
                                                                        opportunity to present information as to
                                                                        why the proposed the EPA action is not
                                                                        necessary. The facility shall have 30
                                                                        days from the date of the notice to
                                                                        present such information.
                                                                       (D) If after 30 days ConocoPhillips
                                                                        presents no further information or after
                                                                        a review of any submitted information,
                                                                        the EPA will issue a final written
                                                                        determination describing the Agency
                                                                        actions that are necessary to protect
                                                                        human health or the environment. Any
                                                                        required action described in the EPAs
                                                                        determination shall become effective
                                                                        immediately, unless the EPA provides
                                                                        otherwise.
                                                                       (E) Notification Requirements:
                                                                        ConocoPhillips must do the following
                                                                        before transporting the delisted waste:
                                                                        Failure to provide this notification
                                                                        will result in a violation of the
                                                                        delisting petition and a possible
                                                                        revocation of the decision.
                                                                       (1) Provide a one-time written
                                                                        notification to any State Regulatory
                                                                        Agency to which or through which it will
                                                                        transport the delisted waste described
                                                                        above for disposal, 60 days before
                                                                        beginning such activities.
                                                                       (2) Update the onetime written
                                                                        notification, if it ships the delisted
                                                                        waste to a different disposal facility.
                                                                       (3) Failure to provide this notification
                                                                        will result in a violation of the
                                                                        delisting variance and a possible
                                                                        revocation of the decision.

                                                  * * * * * * *
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[FR Doc. 2012-5006 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P