[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Rules and Regulations]
[Page 17414-17419]
[DOCID:fr15ap09-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2008-0456; SW-FRL-8787-9]

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Environmental Protection Agency (EPA) is granting a petition
submitted by BAE Systems, Inc. (BAE) to exclude (or delist) the waste
filter cake from its waste water treatment plant generated by BAE
Sealy, Texas from the lists of hazardous wastes. This final rule
responds to the petition submitted by BAE to delist F019 waste filter
cake generated from the facility's waste water treatment plant. After
careful analysis and use of the Delisting Risk Assessment Software
(DRAS), EPA has concluded the petitioned waste is not hazardous waste.
This exclusion applies to 1,200 cubic yards per year of the F019 waste
filter cake. Accordingly, this final rule excludes the petitioned waste
from the requirements of hazardous waste regulations under the Resource
Conservation and Recovery Act (RCRA) when it is disposed in a Subtitle
D Landfill.

DATES: Effective Date: April 15, 2009.

ADDRESSES: The public docket for this final rule is located at the
Environmental Protection Agency Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, and is available for viewing in EPA Freedom of Information
Act review room on the 7th floor from 8 a.m. to 4 p.m., Monday through
Friday, excluding Federal holidays. Call<PHONE_NUMBER> for
appointments. The reference number for this docket is EPA-R06-RCRA-
2008-0456. The public may copy material from any regulatory docket at
no cost for the first 100 pages and at a cost of $0.15 per page for
additional copies.

FOR FURTHER INFORMATION CONTACT: Ben Banipal, Section Chief of the
Corrective Action and Waste Minimization Section, Multimedia Planning
and Permitting Division (6PD-C), Environmental Protection Agency Region
6, 1445 Ross Avenue, Dallas, Texas 75202. For technical information
concerning this notice, contact Wendy Jacques, Environmental Protection
Agency Region 6, 1445 Ross Avenue, (6PD-F), Dallas, Texas 75202, at
(214) 665-7395, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The information in this section is organized as follows:
I. Overview Information
    A. What action is EPA finalizing?
    B. Why is EPA approving this action?
    C. What are the limits of this exclusion?
    D. How will BAE manage the waste if it is delisted?
    E. When is the final delisting exclusion effective?
    F. How does this final rule affect states?
II. Background
    A. What is a delisting?
    B. What regulations allow facilities to delist a waste?
    C. What information must the generator supply?
III. EPA's Evaluation of the Waste Information and Data
    A. What waste did BAE petition EPA to delist?
    B. How much waste did BAE propose to delist?
    C. How did BAE sample and analyze the waste data in this
petition?
IV. Public Comments Received on the Proposed Exclusion
    A. Who submitted comments on the proposed rule?
V. Statutory and Executive Order Reviews

I. Overview Information

A. What action is EPA finalizing?

    After evaluating the petition, EPA proposed, on September 23, 2008,
to exclude the waste filter cake from the lists of hazardous waste
under 40 CFR 261.31 and 261.32 (see 73 FR 54760). EPA is finalizing the
decision to grant BAE's delisting petition to have its waste filter
cake managed and disposed as non-hazardous waste provided certain
verification and monitoring conditions are met.

B. Why is EPA approving this action?

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

generated, and waste variability. EPA believes that the petitioned
waste does not meet the listing criteria and thus should not be a
listed waste. EPA's final decision to delist waste from BAE's facility
is based on the information submitted in support of this rule,
including descriptions of the wastes and analytical data from the
Sealy, Texas facility.

C. What are the limits of this exclusion?

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

D. How will BAE manage the waste if it is delisted?

    The waste filter cake from BAE will be disposed of in a RCRA
Subtitle D landfill.

E. When is the final delisting exclusion effective?

    This rule is effective April 15, 2009. The Hazardous and Solid
Waste Amendments of 1984 amended Section 3010 of RCRA, 42 U.S.C.
6930(b)(1) allows rules to become effective less than six months after
the rule is published when the regulated community does not need the
six-month period to come into compliance. That is the case here because
this rule reduces, rather than increases, the existing requirements for
persons generating hazardous waste. This reduction in existing
requirements also provides a basis for making this rule effective
immediately, upon publication, under the Administrative Procedure Act,
pursuant to 5 U.S.C. 553(d).

F. How does this final rule affect states?

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

II. Background

A. What is a delisting petition?

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

B. What regulations allow facilities to delist a waste?

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

C. What information must the generator supply?

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

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

A. What waste did BAE petition EPA to delist?

    On December 23, 2005, BAE petitioned EPA to exclude from the lists
of hazardous wastes contained in Sec.  261.31, waste filter cake (F019)
generated from its facility located in Sealy, Texas. The waste falls
under the classification of listed waste pursuant to Sec.  261.31.

B. How much waste did BAE propose to delist?

    Specifically, in its petition, BAE requested that EPA grant a
standard exclusion for 1,200 cubic yards per year of waste filter cake
resulting from the treatment of waste waters from the manufacturing
processes at its facility.

C. How did BAE sample and analyze the waste data in this petition?

    To support its petition, BAE submitted:
     Analytical results of the toxicity characteristic leaching
procedure and total constituent analysis for volatile and semi volatile
organics, pesticides, herbicides, dioxins/furans, PCBs and metals for
seven filter cake samples;
     Analytical results from multiple pH leaching of metals;
and
     Descriptions of the waste water treatment process.

IV. Public Comments Received on the Proposed Exclusion

A. Who submitted comments on the proposed rule?

    No comments were received during the comment period. However, the
EPA received a Freedom of Information request for BAE's original
delisting petition and all supporting documents from Arnold & Porter
LLP. The EPA submitted BAE's original delisting petition and all
supporting documents, excluding all confidential material, to Arnold &
Porter LLP.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993), this rule is not of general applicability
and therefore is not a regulatory action subject to review by the
Office of Management and Budget (OMB). This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a
particular facility only. Because this rule is of particular
applicability relating to a particular facility, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because
this rule will affect only a particular facility,

it will not significantly or uniquely affect small governments, as
specified in section 203 of UMRA. Because this rule will affect only a
particular facility, this final rule does not have federalism
implications. It will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
``Federalism'', (64 FR 43255, August 10, 1999). Thus, Executive Order
13132 does not apply to this rule.
    Similarly, because this rule will affect only a particular
facility, this final rule does not have tribal implications, as
specified in Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus,
Executive Order 13175 does not apply to this rule. This rule also is
not subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant as defined in
Executive Order 12866, and because the Agency does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children. The basis for this
belief is that the Agency used the DRAS program, which considers health
and safety risks to infants and children, to calculate the maximum
allowable concentrations for this rule. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866. This rule does not involve technical
standards; thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. As required by section 3 of Executive Order 12988, ``Civil
Justice Reform'' (61 FR 4729, February 7, 1996), in issuing this rule,
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report which includes a copy of the rule to
each House of the Congress and to the Comptroller General of the United
States. Section 804 exempts from section 801 the following types of
rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this is a rule of particular applicability.

Lists of Subjects in 40 CFR Part 261

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

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

    Dated: March 16, 2009.
Carl Edlund,
Director, Multimedia Planning and Permitting Division, Region 6.

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

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

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

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

                                Table 1--Waste Excluded From Non-Specific Sources
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                Facility                            Address                        Waste description
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BAE Systems, Inc,.......................  Sealy, TX..................  Filter Cake (EPA Hazardous Waste Number
                                                                        F019) generated at a maximum rate of
                                                                        1,200 cubic yards per calendar year
                                                                        after April 15, 2009.
                                                                       For the exclusion to be valid, BAE must
                                                                        implement a verification testing program
                                                                        that meets the following Paragraphs:
                                                                       (1) Delisting Levels: All concentrations
                                                                        for those constituents must not exceed
                                                                        the maximum allowable concentrations in
                                                                        mg/l specified in this paragraph.
                                                                       Filter Cake Leachable Concentrations (mg/
                                                                        l): Acetone--3211; Arsenic--0.052;
                                                                        Barium--100; Bis(2-ethylhexyl)phthalate--
                                                                        103; Cadmium--0.561; Chloroform--0.4924;
                                                                        Chromium--5.0; Copper--149; Cyanide--19;
                                                                        Furans--3.57; Hexavalent Chromium--5.0;
                                                                        Lead--3.57; Lindane--0.4; Methyl Ethyl
                                                                        Ketone--200; Nickel--82.2; Selenium--
                                                                        1.0; 2,4,5-TP (Silvex)--1.0; 2,4-D--
                                                                        6.65; Tin--9001; Tetrachlorodibenzo-p-
                                                                        dioxin--249; Tetrachloroethylene--
                                                                        0.125685; Zinc--1240.
                                                                       (2) Waste Holding and Handling:
                                                                       (A) Waste classification as non-hazardous
                                                                        can not begin until compliance with the
                                                                        limits set in paragraph (1) for filter
                                                                        cake has occurred for two consecutive
                                                                        quarterly sampling events.
                                                                       (B) If constituent levels in any sample
                                                                        taken by BAE exceed any of the delisting
                                                                        levels set in paragraph (1) for the
                                                                        filter cake, BAE must do the following:
                                                                       (i) notify EPA in accordance with
                                                                        paragraph (6) and
                                                                       (ii) manage and dispose the filter cake
                                                                        as hazardous waste generated under
                                                                        Subtitle C of RCRA.

                                                                       (3) Testing Requirements:
                                                                       Upon this exclusion becoming final, BAE
                                                                        may perform quarterly analytical testing
                                                                        by sampling and analyzing the filter
                                                                        cake as follows:
                                                                       (A) Quarterly Testing:
                                                                       (i) Collect two representative composite
                                                                        samples of the filter cake at quarterly
                                                                        intervals after EPA grants the final
                                                                        exclusion. The first composite samples
                                                                        may be taken at any time after EPA
                                                                        grants the final approval. Sampling must
                                                                        be performed in accordance with the
                                                                        sampling plan approved by EPA in support
                                                                        of the exclusion.
                                                                       (ii) Analyze the samples for all
                                                                        constituents listed in paragraph (1).
                                                                        Any composite sample taken that exceeds
                                                                        the delisting levels listed in paragraph
                                                                        (1) for the filter cake must be disposed
                                                                        as hazardous waste in accordance with
                                                                        the applicable hazardous waste
                                                                        requirements.
                                                                       (iii) Within thirty (30) days after
                                                                        taking its first quarterly sample, BAE
                                                                        will report its first quarterly
                                                                        analytical test data to EPA. If levels
                                                                        of constituents measured in the samples
                                                                        of the filter cake do not exceed the
                                                                        levels set forth in paragraph (1) of
                                                                        this exclusion for two consecutive
                                                                        quarters, BAE can manage and dispose the
                                                                        non-hazardous filter cake according to
                                                                        all applicable solid waste regulations.
                                                                       (B) Annual Testing:
                                                                       (i) If BAE completes the quarterly
                                                                        testing specified in paragraph (3) above
                                                                        and no sample contains a constituent at
                                                                        a level which exceeds the limits set
                                                                        forth in paragraph (1), BAE may begin
                                                                        annual testing as follows: BAE must test
                                                                        two representative composite samples of
                                                                        the filter cake for all constituents
                                                                        listed in paragraph (1) at least once
                                                                        per calendar year.
                                                                       (ii) The samples for the annual testing
                                                                        shall be a representative composite
                                                                        sample according to appropriate methods.
                                                                        As applicable to the method-defined
                                                                        parameters of concern, analyses
                                                                        requiring the use of SW-846 methods
                                                                        incorporated by reference in 40 CFR
                                                                        260.11 must be used without
                                                                        substitution. As applicable, the SW-846
                                                                        methods might include Methods 0010,
                                                                        0011, 0020, 0023A, 0030, 0031, 0040,
                                                                        0050, 0051, 0060, 0061, 1010A,
                                                                        1020B,1110A, 1310B, 1311, 1312, 1320,
                                                                        1330A, 9010C, 9012B, 9040C, 9045D,
                                                                        9060A, 9070A (uses EPA Method 1664, Rev.
                                                                        A), 9071B, and 9095B. Methods must meet
                                                                        Performance Based Measurement System
                                                                        Criteria in which the Data Quality
                                                                        Objectives are to demonstrate that
                                                                        samples of the BAE filter cake are
                                                                        representative for all constituents
                                                                        listed in paragraph (1).
                                                                       (iii) The samples for the annual testing
                                                                        taken for the second and subsequent
                                                                        annual testing events shall be taken
                                                                        within the same calendar month as the
                                                                        first annual sample taken.
                                                                       (iv) The annual testing report should
                                                                        include the total amount of waste in
                                                                        cubic yards disposed during the calendar
                                                                        year.
                                                                       (4) Changes in Operating Conditions: If
                                                                        BAE significantly changes the process
                                                                        described in its petition or starts any
                                                                        processes that generate(s) the waste
                                                                        that may or could affect the composition
                                                                        or type of waste generated (by
                                                                        illustration, but not limitation,
                                                                        changes in equipment or operating
                                                                        conditions of the treatment process), it
                                                                        must notify EPA in writing and it may no
                                                                        longer handle the wastes generated from
                                                                        the new process as non-hazardous until
                                                                        the wastes meet the delisting levels set
                                                                        in paragraph (1) and it has received
                                                                        written approval to do so from EPA.
                                                                       BAE must submit a modification to the
                                                                        petition complete with full sampling and
                                                                        analysis for circumstances where the
                                                                        waste volume changes and/or additional
                                                                        waste codes are added to the waste
                                                                        stream.
                                                                       (5) Data Submittals:
                                                                       BAE must submit the information described
                                                                        below. If BAE fails to submit the
                                                                        required data within the specified time
                                                                        or maintain the required records on-site
                                                                        for the specified time, EPA, at its
                                                                        discretion, will consider this
                                                                        sufficient basis to reopen the exclusion
                                                                        as described in paragraph (6). BAE must:
                                                                       (A) Submit the data obtained through
                                                                        paragraph (3) to the Chief, Corrective
                                                                        Action and Waste Minimization Section,
                                                                        Multimedia Planning and Permitting
                                                                        Division, U.S. Environmental Protection
                                                                        Agency Region 6, 1445 Ross Ave., Dallas,
                                                                        Texas 75202, within the time specified.
                                                                        All supporting data can be submitted on
                                                                        CD-ROM or some comparable electronic
                                                                        media.

                                                                       (B) Compile records of analytical data
                                                                        from paragraph (3), summarized, and
                                                                        maintained on-site for a minimum of five
                                                                        years.
                                                                       (C) Furnish these records and data when
                                                                        either EPA or the State of Texas
                                                                        requests them for inspection.
                                                                       (D) Send along with all data a signed
                                                                        copy of the following certification
                                                                        statement, to attest to the truth and
                                                                        accuracy of the data submitted:
                                                                       ``Under civil and criminal penalty of law
                                                                        for the making or submission of false or
                                                                        fraudulent statements or representations
                                                                        (pursuant to the applicable provisions
                                                                        of the Federal Code, which include, but
                                                                        may not be limited to, 18 U.S.C. 1001
                                                                        and 42 U.S.C. 6928), I certify that the
                                                                        information contained in or accompanying
                                                                        this document is true, accurate and
                                                                        complete.
                                                                       As to the (those) identified section(s)
                                                                        of this document for which I cannot
                                                                        personally verify its (their) truth and
                                                                        accuracy, I certify as the company
                                                                        official having supervisory
                                                                        responsibility for the persons who,
                                                                        acting under my direct instructions,
                                                                        made the verification that this
                                                                        information is true, accurate and
                                                                        complete.
                                                                       If any of this information is determined
                                                                        by EPA in its sole discretion to be
                                                                        false, inaccurate or incomplete, and
                                                                        upon conveyance of this fact to the
                                                                        company, I recognize and agree that this
                                                                        exclusion of waste will be void as if it
                                                                        never had effect or to the extent
                                                                        directed by EPA and that the company
                                                                        will be liable for any actions taken in
                                                                        contravention of the company's RCRA and
                                                                        CERCLA obligations premised upon the
                                                                        company's reliance on the void
                                                                        exclusion.''
                                                                       (6) Reopener
                                                                       (A) If, anytime after disposal of the
                                                                        delisted waste BAE possesses or is
                                                                        otherwise made aware of any
                                                                        environmental data (including but not
                                                                        limited to leachate data or ground water
                                                                        monitoring data) or any other data
                                                                        relevant to the delisted waste
                                                                        indicating that any constituent
                                                                        identified for the delisting
                                                                        verification testing is at level higher
                                                                        than the delisting level allowed by the
                                                                        Division Director in granting the
                                                                        petition, then the facility must report
                                                                        the data, in writing, to the Division
                                                                        Director within 10 days of first
                                                                        possessing or being made aware of that
                                                                        data.
                                                                       (B) If either the quarterly or annual
                                                                        testing of the waste does not meet the
                                                                        delisting requirements in paragraph (1),
                                                                        BAE must report the data, in writing, to
                                                                        the Division Director within 10 days of
                                                                        first possessing or being made aware of
                                                                        that data.
                                                                       (C) If BAE fails to submit the
                                                                        information described in paragraphs (5),
                                                                        (6)(A) or (6)(B) or if any other
                                                                        information is received from any source,
                                                                        the Division Director will make a
                                                                        preliminary determination as to whether
                                                                        the reported information requires EPA
                                                                        action to protect human health and/or
                                                                        the environment. Further action may
                                                                        include suspending, or revoking the
                                                                        exclusion, or other appropriate response
                                                                        necessary to protect human health and
                                                                        the environment.
                                                                       (D) If the Division Director determines
                                                                        that the reported information requires
                                                                        action by EPA, the Division Director
                                                                        will notify the facility in writing of
                                                                        the actions the Division Director
                                                                        believes are necessary to protect human
                                                                        health and the environment. The notice
                                                                        shall include a statement of the
                                                                        proposed action and a statement
                                                                        providing the facility with an
                                                                        opportunity to present information as to
                                                                        why the proposed EPA action is not
                                                                        necessary. The facility shall have 10
                                                                        days from the date of the Division
                                                                        Director's notice to present such
                                                                        information.
                                                                       (E) Following the receipt of information
                                                                        from the facility described in paragraph
                                                                        (6)(D) or (if no information is
                                                                        presented under paragraph (6)(D)) the
                                                                        initial receipt of information described
                                                                        in paragraphs (5), (6)(A) or (6)(B), the
                                                                        Division Director will issue a final
                                                                        written determination describing EPA
                                                                        actions that are necessary to protect
                                                                        human health and/or the environment. Any
                                                                        required action described in the
                                                                        Division Director's determination shall
                                                                        become effective immediately, unless the
                                                                        Division Director provides otherwise.
                                                                       (7) Notification Requirements
                                                                       BAE Systems must do the following before
                                                                        transporting the delisted waste. Failure
                                                                        to provide this notification will result
                                                                        in a violation of the delisting petition
                                                                        and a possible revocation of the
                                                                        decision.
                                                                       (A) Provide a one-time written
                                                                        notification to any state Regulatory
                                                                        Agency to which or through which it will
                                                                        transport the delisted waste described
                                                                        above for disposal, 60 days before
                                                                        beginning such activities.

                                                                       (B) Update the one-time written
                                                                        notification if it ships the delisted
                                                                        waste into a different disposal
                                                                        facility.
                                                                       (C) Failure to provide this notification
                                                                        will result in a violation of the
                                                                        delisting variance and possible
                                                                        revocation of the decision.

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 [FR Doc. E9-8646 Filed 4-14-09; 8:45 am]

BILLING CODE 6560-50-P


Nehalem Seaside Astoria Tillamook St. Helens Clatskanie Nestucca River Wilson River Columbia River Nehalem Riv er Rock Creek Clats kanie River Big Cree k Youngs River Miami River Beaver Creek Kilchis River Trask River Prairie Channel Little Nestucca River Necanicum Riv er Salmonberry River Gnat Creek Tide Creek Deer Creek Jord an Creek Cook Creek Hunt Cree k Lo st Creek Three Rive rs Wolf Creek Tillamoo k River Carc u s C reek temp2 Tillamook Bay East Beav er Creek East Cr eek Beneke Creek Coal Cre ek Sand Creek Pebble Creek Crooked Creek Neskowin Cree k Little Creek Moon Creek Killam Creek De vils Lake Fork Faw cett Creek Cow Creek Northrup Creek Netarts Ba y Buster Cree k Foley Creek Fall Creek Fishhawk Creek Bear C reek Horn Creek Wallooskee R iver Elkhorn Creek Ford Creek temp1 Clear Creek Fox Creek Skipanon River Bewley Creek Elk Creek Plympton Creek Knotts Creek Deep Creek Coon Creek Blind Slough Testament Creek Idiot Creek Lava Creek Merrill Creek Alder Creek Bays Creek Niagara Creek Youngs Bay Mud Creek Little N orth Fork Wilson R iver Girt Creek Boulder Creek Little Fish hawk Creek Gold Creek Calvin Creek Conyers Creek Drift Creek Sa ge r Cre ek Little Cla tskanie River Selder C reek Kenusk y Creek Battle Creek West Creek Dog Creek Mill Creek Sunset Lake Weed Cre ek blank Hamilton Creek Oak Ranch Creek Perkins Creek Mail Creek Vaughn C ree k Edwa rds Creek Butte Creek Farmer Creek Bill Creek Circle Creek Tony Creek Dry Creek Neacoxie Creek Tiger Cre ek Nehalem Bay Mills Creek Rice Creek Sutton Creek Jewel Creek Sout h Channel Cedar Creek Ferris Creek Mos s Creek Bradbury Slough Munson Creek Beaver Slough West Humbug Creek Woody Island Channel Kist Creek Elliott Creek Beerman Creek Cullaby Cre e k Ha ckar d Creek Pigpen C reek North Fork Ecola Creek Davis Creek Ginger Creek Tuc ker Cree k Wilson Creek Bible Creek Nice Creek Lundgren Creek Neer Creek Sq uaw Creek Dahl Fork Tandy Creek Bishop Cree k Roy Creek Anderson Creek Loowit Creek Little Bear Creek Louie Creek South Fork Beaver Creek Phipps Cr eek Soapstone Creek Craz y Creek Dell Creek Joe Creek Green Creek Messing Creek Chinook River Arch Cape Creek Gr avel Creek Murphy C reek Frank Born Creek Neawanna Creek Whiskey Creek Ta nk Creek Lane Creek Helloff Creek Short Creek Grassy Lake Creek Pheasant Creek Buck Creek Deer Island Slough Fan Creek Hiack Creek Rogers Creek Castor Creek Quartz Creek Big Noise Creek Barrett Slough Ro binson Creek Olsen Cre ek Trailover Creek East For k Cook Creek McCoon Creek Step Creek Little Deer Creek Kinney Creek Tucca Creek Warner Cre ek Pennoyer Cre ek Ripple Creek Miller Creek Olson Creek Schroeder Creek Bowers Branch Klootchie Creek George Creek Bark Shanty Creek Heitmiller Creek Ecola Creek Bastard Creek Ok Creek Sisson Creek Belding Creek Ivy Creek Rawe Creek Derby Creek Gilmore Creek Jones Creek Pigeon Creek Rover Creek Sanders Creek Cliff Creek Grub Creek Volmer Creek Necarney Creek Waldron Creek Austin Creek Hobson Creek Calender Slough Fitch Creek Tunnel Creek Joes Creek Randa Sloug h Nestucca Bay Swab Creek Kansas C reek Moosmoos Cr eek Henderson Creek Lawrence Creek Smith Creek Ben Smith Creek Thron Creek Wake Creek Company Creek Runyon Creek Adams Creek Small Creek Fall Creek Fox Creek Fall Creek Ce dar Creek Elk Creek George Creek Beaver Creek Bear Creek Buck Creek Coal Cre ek Rock Creek Alder Creek Smith Creek Rock Creek Alder Creek Beaver Creek Bear Creek Cook Creek Cedar Creek Clear Creek Anderson Cree k West Creek Lost Creek Squaw Creek Fall Creek Wolf Creek Pheasant Creek Fall Creek Clear Creek Miller Cr eek Fall Creek Cow Creek Fall Creek Weed Creek Dry Creek Clear Creek Green Creek Ce dar Creek Lost Creek Alder Creek Bear Creek Elk Creek Salmon & Steelhead Spawning Through Fry Emergence Use Designations, North Coast Basin, Oregon DRAFT, September 30, 2003 Legend Salmon & Steelhead Spawning Through Fry Emergence: 13C/ 55F Unassigned September 1 May 15 September 1 June 15 September 15 May 15 September 15 June 15 October 15 May 15 October 15 May 31 October 15 June 15 Subbasins ( HUCs) WASHINGTON OREGON Larger streams shown with heavier lines.

Map produced by Bill Bogue, EPA Region 10, September 30, 2003 Columbia River PACIFIC OCEAN NECANICUM LOWER COLUMBIA LOWER COLUMBIA/ CLATSKANIE NEHALEM WILSON/ TRASK/ NESTUCCA Nehalem R. Lewis & Clark R.

Wilson R.