[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 43002-43004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17905]



40 CFR Part 261

[FRL 9704-1]

Hazardous Waste Management System: Identification and Listing of 
Hazardous Waste Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.


SUMMARY: The EPA (also, ``the Agency'' or ``we'') is amending an 
existing exclusion to reflect changes in ownership and name for the 
ConocoPhillips Billings, Montana Refinery. Today's amendment documents 
these changes.

DATES: This amendment is effective on July 23, 2012.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, by mail at EPA 
Region 8, Resource Conservation and Recovery Program, 1595 Wynkoop 
Street, Mail Code 8P-R, Denver, Colorado 80202, by phone at (303) 312-
6231, or by email at cosentini.christina@epa.gov.

SUPPLEMENTARY INFORMATION: In this document the EPA is amending 
appendix IX to part 261 to reflect a change in the ownership and name 
of a particular facility. Today's notice documents the transfer of 
ownership and name change by updating appendix IX to incorporate the 
change in owner's name for the ConocoPhillips Billings, Montana 
Refinery. On May 3, 2012, the EPA was notified that ownership of the 
Billings, Montana Refinery had been transferred to Phillips 66 Company. 
Phillips 66 Company certified that the management and operation of the 
Billings Refinery has not changed due to the restructuring. This notice 
documents the change by updating appendix IX to incorporate a change in 
    These changes to appendix IX of part 261 are effective July 23, 
2012. The Hazardous and Solid Waste Amendments of 1984 amended section 
3010 of the Resource Conservation and Recovery Act (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. 
As described above, the change in ownership will not affect the 
refineries operations. Therefore, a six-month delay in the effective 
date is not necessary in this case. This provides the basis for making 
this amendment effective immediately upon publication under the 
Administrative Procedures Act pursuant to 5 United States Code (U.S.C.) 

List of Subjects in 40 CFR Part 261

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

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

    Dated: June 28, 2012.
Howard M. Cantor,
Acting Regional Administrator, Region 8.

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


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 

2. In Table 1 of Appendix IX to part 261 is amended by removing the '' 
ConocoPhillips Billings Refinery '' entry and adding a new entry 
``Phillips 66 Company, Billings Refinery'' in alphabetical order by 
facility to read as follows:

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

                                Table 1--Waste Excluded From Non-Specific Sources
             Facility                             Address                           Waste description
                                                  * * * * * * *
Phillips 66 Company, Billings       Billings, Montana.................  Residual solids from centrifuge and/or
 Refinery (formerly ConocoPhillips                                       filter press processing of storm water
 Billings Refinery).                                                     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
                                                                         became effective March 1, 2012.
                                                                        For the exclusion to be valid, Phillips
                                                                         66 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.

[[Page 43003]]

                                                                        2. Verification Testing: To verify that
                                                                         the waste does not exceed the specified
                                                                         delisting levels, Phillips 66 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, Phillips 66 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
                                                                        If constituent levels in any sample and
                                                                         any retest sample for any constituent
                                                                         exceed the delisting levels set in
                                                                         paragraph (1) Phillips 66 must do the
                                                                        (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:
                                                                         Phillips 66 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. Phillips 66 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
                                                                        4. Data Submittal: Whenever tank
                                                                         cleanout is conducted Phillips 66 must
                                                                         verify that the residual solids from
                                                                         the processed storm water tank sludge
                                                                         meet the delisting levels in 40 CFR 261
                                                                         Appendix IX Table 1, as amended by this
                                                                         notice. Phillips 66 must submit the
                                                                         verification data to U.S. EPA Region 8,
                                                                         1595 Wynkoop Street, RCRA Delisting
                                                                         Program, Mail code 8P-HW, Denver, CO
                                                                         80202. Phillips 66 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,
                                                                         Phillips 66 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
                                                                        (B) If Phillips 66 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
                                                                        (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 Phillips 66
                                                                         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: Phillips
                                                                         66 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.

[[Page 43004]]

                                                                        (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.
                                                  * * * * * * *

[FR Doc. 2012-17905 Filed 7-20-12; 8:45 am]