[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56558-56563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22571]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[EPA-R01-RCRA-2012-0447; FRL-9727-2]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is granting the
petition submitted by International Business Machines Corporation (IBM)
to exclude or ``delist'' a certain wastewater treatment sludge
generated by its facility in Essex Junction, Vermont from the lists of
hazardous wastes. This final rule responds to a petition submitted by
IBM to delist F006 waste. The F006 waste is sludge generated from IBM's
Industrial Waste Treatment Plant (IWTP).
After careful analysis and use of the Delisting Risk Assessment
Software (DRAS), EPA has concluded the petitioned waste is not
hazardous waste. The F006 exclusion is a conditional exclusion for
3,150 cubic yards per year of the F006 wastewater treatment sludge.
Accordingly, this final rule excludes the petitioned waste from the
requirements of hazardous waste regulations under the Resource
Conservation and Recovery Act (RCRA).
DATES: Effective Date: This final rule is effective on September 13,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R01-RCRA-2012-0447. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g. CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the EPA Region 1 Library, 5 Post
Office Square, 1st floor, Boston, MA 02109-3912; by appointment only;
tel: (617) 918-1990. 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: Sharon Leitch, RCRA Waste Management
and UST Section, Office of Site Remediation and Restoration, (Mail
Code: OSRR07-01), EPA Region 1, 5 Post Office Square, Suite 100,
Boston, MA 02109-3912; telephone number: (617) 918-1647; fax number
(617) 918-0647; email address: leitch.sharon@epa.gov.
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 IBM manage the waste, when delisted?
E. When is the final delisting exclusion effective?
F. How does this final rule affect states?
II. Background
A. What is a delisting petition?
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 IBM petition EPA to delist?
B. How much waste did IBM propose to delist?
C. How did IBM sample and analyze the waste data in this
petition?
IV. Public Comments Received on the Proposed Exclusions
[[Page 56559]]
A. Who submitted comments on the proposed rules?
B. What was the comment and what was EPA's response?
V. Statutory and Executive Order Reviews
I. Overview Information
A. What action is EPA finalizing?
After evaluating the petition for IBM, EPA proposed, on July 16,
2012 (77 FR 41720), to exclude the waste from the lists of hazardous
waste under Sec. 261.31. EPA is finalizing the decision to grant IBM's
delisting petition to have its F006 wastewater treatment sludge
excluded, or delisted, from the definition of a hazardous waste, once
it is disposed in a Subtitle D landfill.
B. Why is EPA approving this action?
IBM's petition requests a delisting from the F006 waste listing
under 40 CFR 260.20 and 260.22. IBM does not believe that the
petitioned waste meets the criteria for which EPA listed it. IBM 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 (HSWA). 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 nonhazardous with respect to the
original listing criteria. (If EPA had found, based on this review,
that the waste remained hazardous based on the factors for which the
waste was originally listed, EPA would have proposed to deny the
petition). EPA evaluated the waste with respect to other factors or
criteria to assess whether there is a reasonable basis to believe that
such additional factors could cause the wastes to be hazardous. EPA
considered whether the waste is acutely toxic, the concentrations 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
the waste from IBM's facility is based on the information submitted in
support of this rule, including a description of the waste and
analytical data from the Essex Junction, Vermont facility.
C. What are the limits of this exclusion?
This exclusion applies to the waste described in IBM's 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 IBM manage the waste, when delisted?
The delisted F006 wastewater treatment sludge will be disposed of
in a Subtitle D landfill which is permitted, licensed or otherwise
authorized by a state to manage industrial waste.
E. When is the final delisting exclusion effective?
This rule is effective September 13, 2012. The Hazardous and Solid
Waste Amendments of 1984 amended Section 3010 of RCRA, 42 U.S.C.
6930(b)(1), allow rules to become effective in 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?
EPA is issuing this exclusion under the federal RCRA delisting
program. Thus, upon the exclusion being finalized, the wastes covered
will be removed from Subtitle C control under the federal RCRA program.
This will mean, first, that the wastes will be delisted in any State or
territory where the EPA is directly administering the RCRA program
(e.g., Iowa, Indian Country). However, whether the wastes will be
delisted in States which have been authorized to administer the RCRA
program will vary depending upon the authorization status of the States
and the particular requirements regarding delisted wastes in the
various States.
While Vermont has been authorized to generally administer the
federal RCRA program, it has not sought or obtained authorization to
delist federal listed wastes. See 58 FR 26243 (May 3, 1993). Instead,
the Vermont Hazardous Waste Regulation section 7-217(c) specifies that
``the Administrator of EPA shall retain the authority to exclude such
wastes.'' By letter dated April 12, 2012, the Vermont Department of
Environmental Conservation has confirmed that Vermont interprets this
regulation to mean that upon the EPA making a delisting determination
(regarding a federally regulated waste), the delisting determination
takes effect within that State. Thus, this delisting determination will
apply within Vermont with no further action required by the State.
Like Vermont, some other generally authorized States have not
received authorization for delisting. Thus, the EPA makes delisting
determinations for such States. However, RCRA allows states to impose
their own regulatory requirements that are more stringent than EPA's,
under Sec. 3009 of RCRA. These more stringent requirements may include
a provision that prohibits a federally issued exclusion from taking
effect in the state, or that requires a State concurrence before the
federal exclusion takes effect, or that allows the State to add
conditions to any federal exclusion. We urge the petitioner to contact
the state regulatory authority in each State to or through which it may
wish to ship its wastes to establish the status of its wastes under the
state's laws.
EPA has also authorized some states to administer a delisting
program in place of the federal program, that is, to make state
delisting decisions. In such states, the state delisting requirements
operate in lieu of the federal delisting requirements. Therefore, this
exclusion does not apply in those authorized states unless the state
makes the rule part of its authorized program. If IBM transports the
federally excluded waste to or manages the waste in any state with
delisting authorization, IBM must obtain a delisting authorization from
that state before it can manage the waste as non-hazardous in that
state.
II. Background
A. What is a delisting petition?
A delisting petition is a request from a generator to EPA or to an
authorized state to exclude or delist, from the RCRA list of hazardous
wastes, waste 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
[[Page 56560]]
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. In
addition, the Administrator must determine, where he/she has a
reasonable basis to believe that factors (including additional
constituents) other than those for which the waste was listed could
cause the waste to be a hazardous waste and that such factors do not
warrant retaining the waste as a hazardous waste.
III. EPA's Evaluation of the Waste Information and Data
A. What waste did IBM petition EPA to delist?
IBM petitioned EPA on July 11, 2008, to exclude from the lists of
hazardous waste contained in Sec. Sec. 261.31 and 261.32, F006
wastewater treatment sludge, generated from its facility in Essex
Junction, Vermont.
B. How much waste did IBM propose to delist?
IBM requested that EPA grant an exclusion for 3,150 cubic yards per
year of F006 wastewater treatment sludge.
C. How did IBM sample and analyze the waste data in this petition?
To support its petition, IBM submitted: (1) Facility information on
production processes and waste generation processes; (2) Historical
sampling data of the IWTP sludge; (3) Analytical results from four
samples for total concentrations for volatiles (SW-846 Method 8260B),
semi volatiles (SW-846 Method 8270C) and metals (SW-846 Method 6010B
except for mercury--SW-846 Method 7471A and selenium--SW-846 Method
7010), for compounds of concern (COCs); and (4) Analytical results from
four samples for Toxicity Characteristic Leaching Procedure (TCLP)
extract values for volatiles (SW-846 Method 8260B), semi volatiles (SW-
846 Method 8270C) and metals (SW-846 Method 6010B except for mercury--
SW-846 Method 7470 and selenium--SM 3113B) for COCs.
IV. Public Comments Received on the Proposed Exclusion
A. Who submitted comments on the proposed rule?
EPA received one email comment from a consultant regarding the
petition.
B. What was the comment and what was EPA's response?
Comment: Based on the condition that the resultant sludge is a
combination of three (3) independent waste streams (i.e. it appears
each waste stream is being diluted by two(2) other waste streams) it
would be prudent to require IBM to submit to EPA, or the landfill,
monthly waste rates from each of the three (3) independent waste
streams to ensure the contribution ratios are not dramatically
changing.
The removal of one waste process could potentially increase the
hazardous components by 50% from the other 2 waste streams. If volume
of sludge waste is a component in EPA's calculations related to overall
impact, then the increase, or reduction of a waste stream could impact
the results.
Response: EPA believes that the requirements found in Conditions 4,
5 and 6 of the final exclusion adequately address any changes in
operations or processes at the facility that could have an impact on
the composition of the delisted sludge.
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 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
[[Page 56561]]
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. Executive Order (EO) 12898 (59 FR 7629 (Feb.
16, 1994)) establishes federal executive policy on environmental
justice. Its main provision directs federal agencies, to the greatest
extent practicable and permitted by law, to make environmental justice
part of their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The Agency's risk assessment did not identify risks from
management of this material in a Subtitle D landfill. Therefore, EPA
believes that any populations in proximity of the landfills used by
this facility should not be adversely affected by common waste
management practices for this delisted waste.
List 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: August 22, 2012.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
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, 6924(y) 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--Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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IBM Corporation.................. Essex Junction, VT.. Wastewater Treatment Sludge (Hazardous Waste No. F006)
generated at a maximum annual rate of 3,150 cubic
yards per calendar year and disposed of in a Subtitle
D Landfill which is licensed, permitted, or otherwise
authorized by a state to accept the delisted
wastewater treatment sludge. IBM must implement a
testing program that meets the following conditions
for the exclusion to be valid:
1. Delisting Levels: (A) All leachable concentrations
for the following constituents must not exceed the
following levels (mg/L for TCLP): Arsenic--5.0;
Barium--100.0; Cadmium--1.0; Chromium--5.0; Lead--5.0;
Mercury--0.2; and, Nickel--32.4.
2. Waste Handling and Holding: (A) IBM must manage as
hazardous all WWTP sludge generated until it has
completed initial verification testing described in
paragraph (3)(A) and valid analyses show that
paragraph (1) is satisfied and written approval is
received by EPA.
(B) Levels of constituents measured in the samples of
the WWTP sludge that do not exceed the levels set
forth in paragraph (1) for two consecutive quarterly
sampling events are non-hazardous. After approval is
received from EPA, IBM can manage and dispose of the
non-hazardous WWTP sludge according to all applicable
solid waste regulations.
(C) Not withstanding having received the initial
approval from EPA, if constituent levels in a later
sample exceed any of the Delisting Levels set in
paragraph (1), from that point forward, IBM must treat
all the waste covered by this exclusion as hazardous
until it is demonstrated that the waste again meets
the levels in paragraph (1). IBM must manage and
dispose of the waste generated under Subtitle C of
RCRA from the time that it becomes aware of any
exceedance.
3. Verification Testing Requirements: IBM must perform
sample collection and analyses in accordance with the
approved Quality Assurance Project Plan dated January
27, 2011. All samples shall be representative
composite samples 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 IBM sludge are representative for all
constituents listed in paragraph (1). To verify that
the waste does not exceed the specified delisting
concentrations, for one year after the final exclusion
is granted, IBM must perform quarterly analytical
testing by sampling and analyzing the WWTP sludge as
follows:
(A) Quarterly Testing: (i) Collect two representative
composite samples of the WWTP sludge at quarterly
intervals after EPA grants the final exclusion. The
first composite samples must be taken within 30 days
after EPA grants the final approval. The second set of
samples must be taken at least 30 days after the first
set.
(ii) Analyze the samples for all constituents listed in
paragraph (1). Any waste regarding which a composite
sample is taken that exceeds the delisting levels
listed in paragraph (1) for the sludge must be
disposed as hazardous waste in accordance with the
applicable hazardous waste requirements from the time
that IBM becomes aware of any exceedance.
[[Page 56562]]
(iii) Within thirty (30) days after taking each
quarterly sample, IBM will report its analytical test
data to EPA. If levels of constituents measured in the
samples of the sludge do not exceed the levels set
forth in paragraph (1) of this exclusion for two
consecutive quarters, and EPA concurs with those
findings, IBM can manage and dispose the non-hazardous
sludge according to all applicable solid waste
regulations.
(B) Annual Testing: (i) If IBM 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), IBM may begin
annual testing as follows: IBM must test two
representative composite samples of the wastewater
treatment sludge (following the same protocols as
specified for quarterly sampling, above) for all
constituents listed in paragraph (1) at least once per
calendar year.
(ii) 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.
(iii) IBM shall submit an annual testing report to EPA
with its annual test results, within thirty (30) days
after taking each annual sample. The annual testing
report also shall include the total amount of waste in
cubic yards disposed during the calendar year.
4. Changes in Operating Conditions: If IBM
significantly changes the manufacturing or treatment
process described in the petition, or the chemicals
used in the manufacturing or treatment process, it
must notify the EPA in writing and may no longer
handle the wastes generated from the new process as
non-hazardous unless and until the wastes are shown to
meet the delisting levels set in paragraph (1), IBM
demonstrates that no new hazardous constituents listed
in appendix VIII of part 261 have been introduced, and
IBM has received written approval from EPA to manage
the wastes from the new process under this exclusion.
While the EPA may provide written approval of certain
changes, if there are changes that the EPA determines
are highly significant, the EPA may instead require
IBM to file a new delisting petition.
5. Data Submittals and Recordkeeping: IBM must submit
the information described below. If IBM 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). IBM must:
(A) Submit the data obtained through paragraph (3) to
the Chief, RCRA Waste Management & UST Section, U.S.
EPA Region 1, (OSRR07-1), 5 Post Office Square, Suite
100, Boston, MA 02109-3912, within the time specified.
All supporting data can be submitted on CD-ROM or some
comparable electronic media;
(B) Compile, summarize, and maintain on site for a
minimum of five years and make available for
inspection records of operating conditions, including
monthly and annual volumes of WWTP sludge generated,
analytical data, including quality control
information, and copies of the notification(s)
required in paragraph (7);
(C) Submit with all data a signed copy of the
certification statement in 40 CFR 260.22(i)(12).
6. Reopener Language--(A) If, anytime after disposal of
the delisted waste, IBM possesses or is otherwise made
aware of any environmental data (including but not
limited to leachate data or groundwater monitoring
data) or any other relevant data to the delisted waste
indicating that any constituent is at a concentration
in the leachate higher than the specified delisting
concentration, then IBM must report such data, in
writing, to the Regional Administrator and to the
Vermont Agency of Natural Resources Secretary within
10 days of first possessing or being made aware of
that data.
(B) Based on the information described in paragraph (A)
and any other information received from any source,
the Regional Administrator will make a preliminary
determination as to whether the reported information
requires Agency action to protect human health or the
environment. Further action may include suspending, or
revoking the exclusion, or other appropriate response
necessary to protect human health and the environment.
(C) If the Regional Administrator determines that the
reported information does require Agency action, the
Regional Administrator will notify IBM in writing of
the actions the Regional Administrator believes are
necessary to protect human health and the environment.
The notice shall include a statement of the proposed
action and a statement providing IBM with an
opportunity to present information as to why the
proposed Agency action is not necessary or to suggest
an alternative action. IBM shall have 30 days from the
date of the Regional Administrator's notice to present
the information.
(D) If after 30 days IBM presents no further
information or after a review of any submitted
information, the Regional Administrator will issue a
final written determination describing the Agency
actions that are necessary to protect human health or
the environment. Any required action described in the
Regional Administrator's determination shall become
effective immediately, unless the Regional
Administrator provides otherwise.
7. Notification Requirements: IBM must do the following
before transporting the delisted waste:
(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 to a different disposal
facility. Failure to provide this notification will
result in a violation of the delisting petition and a
possible revocation of the decision.
* * * * * * *
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[FR Doc. 2012-22571 Filed 9-12-12; 8:45 am]
BILLING CODE 6560-50-P