[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Rules and Regulations]
[Pages 35395-35396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-8185-4]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Removal of Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Removal of final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is removing its 
final rule to grant a petition submitted by Tokusen U.S.A, Inc. to 
exclude (or delist) a certain F006 filter cake generated by its Conway, 
Arkansas Plant from the lists of hazardous wastes. This rule removes 
the final rule published in 67 FR 79874 (December 31, 2002). The EPA 
has received data from the facility indicating that the waste currently 
generated is no longer representative of the waste for which the 
petition was submitted. EPA acknowledges these changes and has 
requested that Tokusen withdraw its petition. Tokusen may submit a new 
delisting petition for the waste stream at any time.

DATES: Effective June 20, 2006.

FOR FURTHER INFORMATION CONTACT: Michelle Peace by mail at U.S. EPA 
Region 6, Multimedia Planning and Permitting Division, Corrective 
Action and Waste Minimization Section (6PD-C), 1445 Ross Avenue, 
Dallas, TX 75202, by phone at (214) 665-7430 or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On December 31, 2002, at 67 FR 79874, EPA 
finalized an exclusion from the list of hazardous wastes for Tokusen 
U.S.A., Inc in Conway, Arkansas. On November 8, 2004, EPA received 
information from the facility that the concentrations of zinc were 
elevated above the delisting exclusion concentrations. Tokusen withdrew 
its delisting petition, submitted October 24, 2001, for the F006 filter 
cake on January 6, 2006. The Tokusen U.S.A., Inc, Conway AR, exclusion 
found in 40 CFR part 261, appendix IX, Table 1 will be removed from the 
Code of Federal Regulations.

List of Subjects in 40 CFR Part 261

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

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


[[Page 35396]]


    Dated: June 2, 2006.
Carl E. Edlund,
Division Director, Multimedia Planning and Permitting Division, Region 
6.

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For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

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2. Appendix IX to part 261, Table 1--Wastes is amended by removing the 
entry ``Tokusen U.S.A, Inc. Conway, Arkansas'' and its related text.

[FR Doc. E6-9576 Filed 6-19-06; 8:45 am]
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