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50622 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations

CROP GROUP 14–12: GROUP—Continued Bur oak (Quercus macrocarpa Michx.) Butternut ( L.) Cajou nut (Anacardium giganteum Hance ex Engl.) Candlenut ( moluccanus (L.) Willd.) (Anacardium occidentale L.) (Castanea crenata Siebold & Zucc.; C. dentata (Marshall) Borkh.; C. mollissima Blume; C. sativa Mill.) Chinquapin (Castaneapumila (L.) Mill.) (Cocos nucifera L.) Coquito nut (Jubaea chilensis (Molina) Baill.) Dika nut ( gabonensis (Aubry-Lecomte ex O’Rorke) Baill.) Ginkgo ( L.) Guiana chestnut ( aquatica Aubl.) (Filbert) ( Marshall; C. avellana L.; C. californica (A. DC.) Rose; C. chinensis Franch.) Heartnut ( Carrie`re var. cordiformis (Makino) Rehder) nut (Carya cathayensis Sarg.; C. glabra (Mill.) Sweet; C. laciniosa (F. Michx.) W. P. C. Barton; C. myristiciformis (F. Michx.) Elliott; C. ovata (Mill.) K. Koch; C. tomentosa (Lam.) Nutt.) Japanese horse-chestnut (Aesculus turbinate Blume) nut ( Maiden & Betche; M. tetraphylla L.A.S. Johnson) nut (Schinziophyton rautanenii (Schinz) Radcl.-Sm.) Monkey-pot ( pisonis Cambess.) Monkey puzzle nut ( araucana (Molina) K. Koch) Okari nut (Terminalia kaernbachii Warb.) Pachira nut (Pachira insignis (Sw.) Savigny) Peach palm nut (Bactris gasipaes Kunth var. gasipaes) (Carya illinoinensis (Wangenh.) K. Koch) Pequi (Caryocar brasiliense Cambess.; C. villosum (Aubl.) Pers; C. nuciferum L.) Pili nut ( ovatum Engl.; C. vulgare Leenh.) ( Engelm.; P. koraiensis Siebold & Zucc.; P. sibirica Du Tour; P. pumila (Pall.) Regel; P. gerardiana Wall. ex D. Don; P. monophylla Torr. & Fre´m.; P. quadrifolia Parl. ex Sudw.; P. pinea L.) (Pistacia vera L.) Sapucaia nut (Lecythis zabucaja Aubl.) Tropical (Terminalia catappa L.) , black ( L.; J. hindsii Jeps. ex R. E. Sm.; J. microcarpa Berland.) Walnut, English ( L.) Yellowhorn (Xanthoceras sorbifolium Bunge) Cultivars, varieties, and/or hybrids of these

* * * * * Brockway Glass Container Corporation Publicly available docket materials are [FR Doc. 2012–20667 Filed 8–21–12; 8:45 am] differ significantly from the waste used available either electronically through BILLING CODE 6560–50–P in developing the Land Disposal http://www.regulations.gov or in hard Restrictions treatment standard for copy at the RCRA Docket, EPA/DC, EPA selenium-bearing wastes, and as such West, Room 3334, 1301 Constitution ENVIRONMENTAL PROTECTION cannot be treated to the specified Avenue NW., Washington, DC. The AGENCY treatment level of 5.7 mg/L for Docket Facility is open from 8:30 a.m. selenium, as measured by the Toxicity to 4:30 p.m., Monday through Friday, 40 CFR Part 268 Characteristic Leaching Procedure excluding legal holidays. The telephone [EPA–HQ–RCRA–2010–0851; FRL–9715–3] (TCLP). The site-specific treatment number for the Public Reading Room is variance provides an alternative (202) 566–1744, and the telephone Land Disposal Restrictions: Site- treatment standard of 59 mg/L TCLP for number for the RCRA Docket is (202) Specific Treatment Variance for selenium, with the condition that the 566–0270. A reasonable fee may be Hazardous Selenium-Bearing Waste waste-to-reagent ratio not exceed 1:0.45. charged for copying docket materials. Treated by U.S. Ecology Nevada in DATES: This final rule will be effective FOR FURTHER INFORMATION CONTACT: For Beatty, NV August 22, 2012. more information on this rulemaking, contact Jesse Miller, Materials Recovery AGENCY: Environmental Protection ADDRESSES: EPA has established a and Waste Management Division, Office Agency (EPA). docket for this action under Docket ID of Resource Conservation and Recovery ACTION: Final rule. No. EPA–HQ–RCRA–2010–0851. All documents in the docket are listed on (MC 5304 P), U.S. Environmental SUMMARY: EPA (or the Agency) is the http://www.regulations.gov Web Protection Agency, 1200 Pennsylvania granting a site-specific treatment site. Although listed in the index, some Ave. NW., Washington, DC 20460; variance, under the Land Disposal information may not be publicly telephone (703) 308–1180; fax (703) Restrictions program, to U.S. Ecology available, because for example, it may 308–0522; or [email protected]. Nevada in Beatty, Nevada for the be Confidential Business Information SUPPLEMENTARY INFORMATION: treatment of a hazardous selenium- (CBI) or other information, the A. Does this action apply to me? bearing waste generated by the Owens- disclosure of which is restricted by This action applies only to U.S. Ecology Brockway Glass Container Company in statute. Certain material, such as Nevada located in Beatty, Nevada. Vernon, California. The Agency has copyrighted material, is not placed on determined that the chemical properties the Internet and will be publicly B. Table of Contents of the waste generated by the Owens- available only in hard copy form. I. Background

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A. Basis for Land Disposal Restrictions difficult to treat than those wastes In 1994, the Agency used performance Treatment Variances evaluated in establishing the treatment data from the stabilization of a B. Basis of the Current Selenium Treatment standard (51 FR 40576, November 7, processing waste, that was Standard 1986) .1 For such wastes, EPA has a II. Basis for Today’s Determination characteristically hazardous (RCRA III. Development of This Variance process by which a generator or treater Hazardous Waste D010), to set the A. U.S. Ecology Nevada Petition may seek a treatment variance (see 40 national treatment standard for B. Notices on Granting a Site Specific CFR 268.44). If granted, the terms of the selenium. At that time, we determined Treatment Variance to USEN variance establish an alternative that this characteristically-hazardous IV. Granting USEN a Site Specific Treatment treatment standard for the particular mineral processing waste represented Variance waste at issue. the most difficult-to-treat selenium V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory B. Basis of the Current Selenium waste. This untreated waste contained Planning and Review and Executive Treatment Standard up to 700 ppm total selenium and 3.74 mg/L selenium, as measured by the Order 13563: Improving Regulation and Treatment of selenium poses special Regulatory Review difficulties. In particular, it can be Toxicity Characteristic Leaching B. Paperwork Reduction Act Procedure (TCLP). The resulting post- C. Regulatory Flexibility Act technically challenging to treat wastes containing selenium in combination treatment levels of selenium in the D. Unfunded Mandates Reform Act of 1995 TCLP leachate were between 0.154 mg/ E. Executive Order 13132: Federalism with other metals e.g., cadmium, lead F. Executive Order 13175: Consultation and/or chromium because of their L and 1.80 mg/L, which (after and Coordination With Indian Tribal different chemical properties and considering the range of treatment Governments solubility curves (62 FR 26041, May 12, process variability) led to EPA G. Executive Order 13045: Protection of 1997). establishing a national treatment Children From Environmental Health The current treatment standard for a standard of 5.7 mg/L TCLP for D010 Risks and Safety Risks waste exhibiting the toxicity selenium nonwastewaters.3 In the Phase H. Executive Order 13211: Actions IV LDR final rule, the Agency Concerning Regulations That characteristic for selenium (RCRA Significantly Affect Energy Supply, Hazardous Waste D010) is based upon determined that a treatment standard of Distribution, or Use the performance of stabilization on low 5.7 mg/L TCLP, continued to be I. National Technology Transfer and concentration selenium wastes. When appropriate for D010 nonwastewaters Advancement Act the Agency developed the treatment (63 FR 28556, May 26, 1998). The J. Executive Order 12898: Federal Actions standard for selenium, EPA believed Agency also changed the universal To Address Environmental Justice in that wastes containing high treatment standard (UTS) for selenium Minority Populations and Low-Income concentrations of selenium were rarely nonwastewaters from 0.16 mg/L to 5.7 Populations generated and land disposed (59 FR K. Congressional Review Act mg/L TCLP. 47980, September 19, 1994). The I. Background Agency also stated that it believed that, II. Basis for Today’s Determination for most wastes containing high Under 40 CFR 268.44, facilities can A. Basis for Land Disposal Restrictions concentrations of selenium, recovery of apply for a site-specific treatment Treatment Variances the selenium would be feasible using variance in cases where a waste that is Under sections 3004(d) through (g) of recovery technologies currently generated under conditions specific to the Resource Conservation and employed by copper smelters and Recovery Act (RCRA), the land disposal copper refining operations (Id.). The only one site cannot be treated to the of hazardous wastes is prohibited unless Agency further stated in 1994, that it specified LDR treatment standards. In such wastes are able to meet the Land did not have any performance data for such cases, the generator(s) or the Disposal Restrictions (LDR) treatment selenium recovery, but available treatment facility may apply to the standards (or treatment standards) information indicated that some Administrator, or to EPA’s designated established by EPA (or the Agency). recovery of elemental selenium out of representative, (in this case the Under section 3004(m) of RCRA, EPA is certain types of scrap material and other Assistant Administrator for Solid Waste required to set ‘‘levels or methods of wastes was practiced in the United and Emergency Response) for a site- treatment, if any, which substantially States.2 specific variance. The applicant for a diminish the toxicity of the waste or site-specific variance must demonstrate substantially reduce the likelihood of 1 According to § 268.44(a)(1), a petitioner may that, because the physical or chemical migration of hazardous constituents obtain a site-specific variance if ‘‘it is not physically properties of the waste differ possible to treat the waste to the level specified in significantly from the waste analyzed in from the waste so that short-term and the treatment standard, or by the method specified long-term threats to human health and as the treatment standard. To show that this is the developing the treatment standard, the the environment are minimized.’’ EPA case, the petitioner must demonstrate that the waste cannot be treated to the specified physical or chemical properties of the waste differ levels or by the specified methods. interprets this language to authorize significantly from waste analyzed in developing the treatment standards based on the treatment standard, the waste cannot be treated to There are other grounds for obtaining performance of the best demonstrated the specified level or by the specified method.’’ variances, but this is the only provision available technology (BDAT). This 2 Because selenium is a non-renewable resource, relevant to this action. and because the wastes in question contain high interpretation was upheld by the D.C. selenium concentrations, EPA’s preference would Circuit in Hazardous Waste Treatment be to recover the selenium in an environmentally 3 The calculation of the LDR treatment standard Council v. EPA, 886 F. 2d 355 (D.C. Cir. sound manner. However, based on information was based on a specific method, sometimes called 1989). contained in the Mineral Commodity Summaries ‘‘C 99,’’ which has been used in other LDR 2010 published by the U.S. Department of the rulemakings. This methodology seeks to account for The Agency recognizes, however, that Interior, U.S. Geological Survey, the amount of process variability (including variability that may there may be wastes that cannot be domestic production of secondary selenium is be attributed to sampling and analytical processes). treated to the levels specified in the estimated to be very small because most of the See 63 FR 28556, May 26, 1998 and the document, regulations (see 40 CFR 268.40) because materials eligible for possible secondary smelting Final—Best Demonstrated Available Technology (e.g., scrap xerographic and electronic materials) (BDAT) Background Document for Quality an individual waste matrix or were exported for recovery of the contained Assurance/Quality Control Procedures and concentration can be substantially more selenium. Methodology, USEPA. October 23, 1991.

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III. Development of This Variance hazardous selenium-bearing waste treatment variance.7 Necessarily, generated by Owens-Brockway. The therefore, EPA is not responding to any A. U.S. Ecology Nevada Petition site-specific treatment variance of the comments submitted on this On September 16, 2008, U.S. Ecology provided for an alternative treatment issue, since all comments pertain to Nevada (USEN) in Beatty, Nevada standard of 59 mg/L TCLP with the issues within the scope of the submitted a petition requesting a site- condition that the waste to reagent ratio authorized California program. specific treatment variance from the not exceed 1:0.45. The Agency IV. Granting USEN a Site-Specific LDR treatment standards for hazardous concluded that USEN had demonstrated Treatment Variance selenium-bearing waste generated by the that the chemical properties of the waste Owens-Brockway Glass Container generated by Owens-Brockway differed EPA is promulgating, as proposed, a Company (Owens-Brockway) in Vernon, significantly from the waste analyzed in site-specific treatment variance, from California. Owens-Brockway operates a developing the LDR treatment standard, the LDR treatment standards, for glass manufacturing facility that and that the waste could not be treated hazardous selenium bearing waste generates approximately 50 to 100 tons to the specified level of 5.7 mg/L TCLP generated by Owens-Brockway and per year of electrostatic precipitator for selenium, necessitating an managed by USEN of Beatty, Nevada. (ESP) dust requiring management as a alternative treatment standard. With the information provided to the hazardous waste. The ESP dust is The Direct Final rule and the parallel Agency as part of their petition, EPA has generated by the glass furnace air Proposal also included an action to concluded that the chemical properties emissions control system and is withdraw the site-specific treatment of Owen-Brockway’s selenium-bearing hazardous due to its high concentrations variance issued to Chemical Waste waste differ significantly from the waste of leachable arsenic (RCRA Hazardous Management (CWM) in Kettleman Hills, used in developing the LDR treatment Waste D004), cadmium (RCRA California for this same waste.6 The standard and that the generated waste Hazardous Waste D006), lead (RCRA Agency issued both a Direct Final and cannot be treated to the specified Hazardous Waste D008), and selenium a parallel Proposal because EPA treatment level of 5.7 mg/L TCLP. The (RCRA Hazardous Waste D010). USEN considered these actions to be non- site-specific treatment variance provides submitted analytical data demonstrating controversial. However, EPA stated that an alternative treatment standard of 59 that the chemical properties of the waste if adverse comment was received, the mg/L for selenium with the condition differed significantly from the waste Direct Final rule would be withdrawn that the waste to reagent ratio not analyzed in developing the LDR and we would proceed with a exceed 1:0.45 when the waste is treated treatment standard.4 They also subsequent final rule. The Agency and disposed at USEN’s permitted submitted data demonstrating that the received no comments on granting a hazardous waste facility. The Agency waste could not be treated to the site-specific treatment variance to received no comments disagreeing with specified level of 5.7 mg/L TCLP for USEN, however, one adverse comment the Agency’s proposal. was received on withdrawing the CWM selenium. USEN requested an V. Statutory and Executive Order variance. As a result, on May 24, 2011, alternative treatment standard of 59 mg/ Reviews L TCLP, which was calculated using the Direct Final rule was withdrawn (76 analytical treatment data from a FR 30027). The comment can be found A. Executive Order 12866: Regulatory stabilization mixture of ferrous sulfate, in the docket supporting this rule. Planning and Review and Executive quick lime and sodium sulfide flakes EPA is not taking action on the Order 13563: Improving Regulation and with a 1:0.45 waste to reagent ratio.5 proposal to withdraw the existing site- Regulatory Review specific treatment variance granted to This action is not a ‘‘significant B. Notices on Granting a Site Specific CWM. EPA has authorized the State of Treatment Variance to USEN regulatory action’’ under the terms of California to grant and administer site- Executive Order 12866 (58 FR 51735, On April 6, 2011, the Agency issued specific treatment variances under 40 October 4, 1993) and is therefore not a Direct Final rule (76 FR 18921) and a CFR 268.44. [See 75 FR at 60401 subject to review under Executive parallel Proposal (76 FR 19003) granting (September 10, 2010)]. As a result, Orders 12866 and 13563 (76 FR 3821, a site-specific treatment variance to California now has sole authority to deal January 21, 2011). USEN for the treatment and disposal of with issues pertaining to treatment variances for entities within its borders, B. Paperwork Reduction Act 4 Total selenium concentrations in the including whether to withdraw the This action does not impose any new electrostatic precipitator (ESP) dust generated at the treatment variance to CWM for Owens- information collection burden. This Owens-Brockway facility range from 2,400 mg/kg to Brockway selenium-bearing waste, and 5,700 mg/kg. The untreated waste has a leachable action grants a site-specific treatment selenium concentration ranging from 228 mg/L to any other issues related to that variance to USEN for the treatment of 440 mg/L TCLP. In addition, the untreated waste hazardous selenium-bearing waste has a leachable arsenic concentration ranging from 6 EPA considered that technology-based treatment generated by Owens-Brockway under 3.3 mg/L to 8.6 mg/L TCLP, a leachable cadmium standards, whether adopted by generally applicable concentration ranging from 3.9 mg/L to 11.0 mg/L rule or through a variance to the generally RCRA’s LDR program. The Office of TCLP, and a leachable lead concentration ranging applicable rule, serve as the measure of when from <0.10 mg/L to 16.3 mg/L TCLP. threats posed by land disposal of the hazardous 7 It should be noted that EPA is making a 5 The selenium concentrations used to calculate waste are ‘‘minimized,’’ as required by RCRA conforming change to footnote 7 of the table in the alternative treatment standard were (in mg/L section 3004(m). See 55 FR 6640 (February 26, section 40 CFR 268.44. The footnote originally read, TCLP) 49.34, 51.39, 49.39, 43.91, and 54.34. The 1990). Thus, EPA has typically limited the ‘‘D010 wastes generated by these two facilities must most effective treatment recipe was determined standards adopted by a variance to a single be treated by Chemical Waste Management, Inc. at using a 50 gram sample of waste where reagents standard. See 70 FR 44505 (August 3, 2005). We their Kettleman Hills facility in Kettleman City, were listed as a percent of waste sample weight. For continued this practice by issuing a Direct Final California.’’ The two facilities referred to Owens- example, 20% ferrous sulfate, 15% quick lime, and rule and parallel Proposal to withdraw the current Brockway and a second facility, St. Gobain 10% sodium sulfide flakes would measure out as variance granted to CWM (69 FR 6567, February 11, Containers, El Monte, CA, that also has an existing 10 grams of ferrous sulfate, 7.5 grams of quick lime, 2004), determining that the treatment standard variance for selenium waste. The footnote now and 5 grams of sodium sulfide flakes for a total of issued to CWM is less stringent than the standard reads, ‘‘D010 wastes generated by this facility must 22.5 grams of total reagent. The waste to reagent we would be granting, both with respect to be treated by Chemical Waste Management, Inc. at ratio was then calculated by dividing 22.5 by 50 to potential concentrations of selenium released to the its Kettleman Hills facility in Kettleman City, get a waste to reagent ratios of 1:0.45. environment and also the waste to reagent ratios. California.’’

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Management and Budget (OMB) has on the relationship between the national Congress, through OMB, explanations previously approved the information government and the States, or on the when the Agency decides not to use collection requirements contained in the distribution of power and available and applicable voluntary existing regulations at 40 CFR 268.42 responsibilities among the various consensus standards. and .44 under the provisions of the levels of government, as specified in This action does not involve technical Paperwork Reduction Act, 44 U.S.C. Executive Order 13132. This action standards. Therefore, EPA did not 3501 et seq. and has assigned OMB grants a site-specific treatment variance consider the use of any voluntary control number 2050–0085. The OMB applicable to one facility. Thus, consensus standards. control numbers for EPA’s regulations Executive Order 13132 would not apply in 40 CFR are listed in 40 CFR part 9. to this action. J. Executive Order 12898: Federal Actions To Address Environmental C. Regulatory Flexibility Act F. Executive Order 13175: Consultation Justice in Minority Populations and The Regulatory Flexibility Act (RFA) and Coordination With Indian Tribal Low-Income Populations Governments generally requires an agency to prepare Executive Order 12898 (59 FR 7629 a regulatory flexibility analysis of any This action would not have tribal (February 16, 1994)) establishes federal rule subject to notice and comment implications, as specified in Executive executive policy on environmental rulemaking requirements under the Order 13175 (65 FR 67249, November 9, justice. Its main provision directs Administrative Procedure Act or any 2000). This action is a site-specific federal agencies, to the greatest extent other statute unless the Agency certifies treatment variance that applies to only practicable and permitted by law, to that the rule will not have a significant one facility, which is not a tribal facility make environmental justice part of their economic impact on a substantial or located on tribal lands. Thus, mission by identifying and addressing, number of small entities. Small entities Executive Order 13175 would not apply as appropriate, disproportionately high include small businesses, small to this action. and adverse human health or organizations, and small governmental G. Executive Order 13045: Protection of environmental effects of their programs, jurisdictions. policies, and activities on minority This site-specific treatment variance Children From Environmental Health Risks and Safety Risks populations and low-income does not create any new requirements. populations in the United States. Rather, it establishes an alternative EPA interprets Executive Order 13045 EPA has determined that this rule will treatment standard for a specific waste (62 FR 19885, April 23, 1997) as not have a disproportionately high and that applies to only one facility, USEN applying only to those regulatory adverse human health or environmental located in Beatty, Nevada. Therefore, we actions that are based on health or safety effects on minority or low-income hereby certify that this rule will not add risks, such that the analysis required populations because it does not affect any new regulatory requirements to under section 5–501 of the Executive the level of protection provided to small entities. This rule, therefore, does Order has the potential to influence the human health or the environment. The not require a regulatory flexibility regulation. This action is not subject to site-specific treatment variance being analysis. Executive Order 13045 because it would not establish an environmental standard finalized applies to a selenium bearing D. Unfunded Mandates Reform Act of intended to mitigate health or safety waste that will be treated and disposed 1995 risks. in an existing, permitted RCRA facility, This action contains no Federal ensuring protection to human health mandates under the provisions of Title H. Executive Order 13211: Actions and the environment. Therefore, the II of the Unfunded Mandates Reform Concerning Regulations That rule will not result in any Act of 1995 (UMRA), 2 U.S.C. 1531– Significantly Affect Energy Supply, disproportionately negative impacts on 1538 for State, local, or tribal Distribution, or Use minority or low-income communities governments or the private sector. This This rule is not subject to Executive relative to affluent or non-minority action imposes no enforceable duty on Order 13211, ‘‘Actions Concerning communities. any State, local or tribal governments or Regulations That Significantly Affect K. Congressional Review Act the private sector. This action would not Energy Supply, Distribution, or Use’’ (66 impose any new duties on the states FR 28355 (May 22, 2001)) because it The Congressional Review Act, 5 hazardous waste program. EPA has would not be a significant regulatory U.S.C. 801 et seq., as added by the Small determined, therefore, that this rule action under Executive Order 12866. Business Regulatory Enforcement would not contain regulatory Fairness Act of 1996, generally provides I. National Technology Transfer and that before a rule may take effect, the requirements that might significantly or Advancement Act uniquely affect small governments in Agency promulgating the rule must that the authority for this action exists Section 12(d) of the National submit a rule report, which includes a with the Federal government. Therefore, Technology Transfer and Advancement copy of the rule, to each House of the this action is not subject to the Act of 1995 (‘‘NTTAA’’), Public Law Congress and to the Comptroller General requirements of sections 202 or 205 of 104–113, 12(d) (15 U.S.C. 272 note) of the United States. EPA will submit a the UMRA. directs EPA to use voluntary consensus report containing this rule, when This rule is also not subject to the standards in its regulatory activities finalized, and other required requirements of section 203 of UMRA unless to do so would be inconsistent information to the U.S. Senate, the U.S. because it contains no regulatory with applicable law or otherwise House of Representatives, and the requirements that might significantly or impractical. Voluntary consensus Comptroller General of the United uniquely affect small governments. standards are technical standards (e.g., States prior to publication of the rule in materials specifications, test methods, the Federal Register. A Major rule E. Executive Order 13132: Federalism sampling procedures, and business cannot take effect until 60 days after it This action does not have federalism practices) that are developed or adopted is published in the Federal Register. implications. This rule will not have by voluntary consensus standards This action is not a ‘‘major rule’’ as substantial direct effects on the States, bodies. NTTAA directs EPA to provide defined by 5 U.S.C. 804(2).

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List of Subjects in 40 CFR Part 268 PART 268—LAND DISPOSAL ■ b. By adding in alphabetical order an RESTRICTIONS additional entry for ‘‘Owens Brockway Environmental Protection, Hazardous Glass Container Company, Vernon, CA.’’ Waste, and Variances. ■ 1. The authority citation for part 268 ■ c. Republishing the entry for ‘‘St. Dated: August 10, 2012. continues to read as follows: Gobain Containers, El Monte, CA.’’ ■ Mathy Stanislaus, d. By revising footnote 7. Authority: 42 U.S.C. 6905, 6912(a), 6921, ■ e. By adding a new footnote 15. Assistant Administrator, Office of Solid Waste and 6924. ■ f. By adding a new footnote 16. and Emergency Response. ■ 2. In § 268.44, the table in paragraph The revisions and additions read as For the reasons set out in the (o) is amended as follows: follows: preamble, title 40, chapter I of the Code of Federal Regulations is amended as ■ a. By revising the existing entry for § 268.44 Variance from a treatment standard. follows: ‘‘Owens Brockway Glass Container Company, Vernon, CA.’’ * * * * * (o) * * *

TABLE—WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER § 268.40

Regulated Wastewaters Nonwastewaters 1 Waste Facility name and address code See also hazardous Concentration Concentration constituent (mg/L) Notes (mg/kg) Notes

******* Owens Brockway Glass Container D010 Standards under Selenium ..... NA ...... NA ...... 51 mg/L TCLP .. (15) Company, Vernon, CA 6. § 268.40. Owens Brockway Glass Container D010 Standards under Selenium ..... NA ...... NA ...... 59 mg/L TCLP .. (16) Company, Vernon, CA 6. § 268.40.

******* St. Gobain Containers, El Monte, D010 Standards under Selenium ..... NA ...... NA ...... 25 mg/L TCLP .. NA CA57. § 268.40.

******* 1 A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7. *******

5 Alternative D010 selenium standard only applies to dry scrubber solid from glass manufacturing wastes. 6 Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass manufacturing operations. 7 D010 wastes generated by this facility must be treated by Chemical Waste Management, Inc. at its Kettleman Hills facility in Kettleman City, California. *******

15 This alternative standard applies only to D010 wastes generated by this facility and treated by Chemical Waste Management, Inc. at its Kettleman Hills facility in Kettleman City, California. 16 This alternative standard applies only to D010 wastes generated by this facility and treated by U.S. Ecology Nevada at its facility in Beatty, Nevada. This alternative treatment standard is conditioned on the waste-to-reagent ratio not exceeding 1 to 0.45.

* * * * * SUMMARY: Modified Base (1% annual- Management Branch, Federal Insurance [FR Doc. 2012–20504 Filed 8–21–12; 8:45 am] chance) Flood Elevations (BFEs) are and Mitigation Administration, Federal BILLING CODE 6560–50–P finalized for the communities listed Emergency Management Agency, 500 C below. These modified BFEs will be Street SW., Washington, DC 20472, used to calculate flood insurance (202) 646–4064, or (email) Luis. premium rates for new buildings and [email protected]. DEPARTMENT OF HOMELAND their contents. SECURITY SUPPLEMENTARY INFORMATION: The DATES: The effective dates for these Federal Emergency Management Agency Federal Emergency Management modified BFEs are indicated on the (FEMA) makes the final determinations Agency following table and revise the Flood listed below of the modified BFEs for Insurance Rate Maps (FIRMs) in effect each community listed. These modified 44 CFR Part 65 for the listed communities prior to this BFEs have been published in date. newspapers of local circulation and [Docket ID FEMA–2012–0003] ADDRESSES: The modified BFEs for each ninety (90) days have elapsed since that community are available for inspection publication. The Deputy Associate Changes in Flood Elevation at the office of the Chief Executive Administrator for Mitigation has Determinations Officer of each community. The resolved any appeals resulting from this AGENCY: Federal Emergency respective addresses are listed in the notification. Management Agency, DHS. table below. The modified BFEs are not listed for FOR FURTHER INFORMATION CONTACT: Luis each community in this notice. ACTION: Final rule. Rodriguez, Chief, Engineering However, this final rule includes the

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