[Federal Register: February 11, 2004 (Volume 69, Number 28)]
[Proposed Rules]
[Page 6593-6595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe04-44]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 268
[RCRA-2003-0025; FRL-7620-3]
Land Disposal Restrictions: Site-Specific Treatment Variances for
Heritage Environmental Services LLC and Chemical Waste Management Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is today
proposing to grant three site-specific treatment variances from the
Land Disposal Restrictions (LDR) treatment standards for selenium-
bearing hazardous wastes from the glass manufacturing industry. EPA is
proposing to grant these variances because the chemical properties of
the wastes differ significantly from those of the waste used to
establish the current LDR standard for selenium (5.7 mg/L, as measured
by the Toxicity Characteristic Leaching Procedure (TCLP)), and the
petitions have adequately demonstrated that the wastes cannot be
treated to meet this treatment standard.
In the ``Rules and Regulations'' section of the Federal Register,
we are publishing a direct final rule that would grant these site-
specific treatment variances without prior proposal because we view
these actions as noncontroversial and we anticipate no significant
adverse comment. We have explained our reasons for this approach in the
preamble to the direct final rule. If we receive significant adverse
comment on a distinct amendment, however, we will withdraw the direct
final action for that amendment and the amendment will not take effect.
We will address all public comments in a subsequent final rule based on
this proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting on these proposed
variances must do so at this time.
DATES: Written comments must be received by March 12, 2004.
ADDRESSES: Comments may be submitted by mail to: OSWER Docket,
Environmental Protection Agency, Mailcode: 5305T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID No. RCRA-2003-
0025. Comments may also be submitted electronically, or through hand
delivery/courier. Follow the detailed instructions as provided in the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at 800 424-9346 or TDD 800 553-7672 (hearing impaired). In
the Washington, DC, metropolitan area, call 703 412-9810 or TDD 703
412-3323. For more detailed information on specific aspects of this
rulemaking, contact Juan Parra at (703) 308-0478 , send your e-mail to
parra.juan@epa.gov, or mail your inquiry to Office of Solid Waste (MC
5302 W), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
I. General Information
This document is proposing to grant three site-specific treatment
variances from the Land Disposal Restrictions (LDR) treatment standards
for selenium-bearing hazardous wastes from the glass manufacturing
industry. These selenium wastes will be treated by Heritage
Environmental Services LLC and Chemical Waste Management Inc. We have
explained our reasons for these actions in the preamble to the direct
final rule, and do not believe it necessary to repeat those discussions
here. For further information, please see the direct final action that
is located in the ``Rules and Regulations'' section of this Federal
Register publication.
[[Page 6594]]
A. How Can I Get Copies of This Variance Proposal?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. RCRA-2003-0025. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the OSWER Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
OSWER Docket is (202) 566-0272. The public may copy a maximum of 100
pages from any regulatory docket at no charge. Additional copies cost
$0.15/page.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/ and you can make comments on this proposed rule at the Federal e-rulemaking portal, http://
http://www.regulations.gov.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Section I.A.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments. If you wish to submit CBI or
information that is otherwise protected by statute, please follow the
instructions in Unit I.C. Do not use EPA Dockets or e-mail to submit
CBI or information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in Docket ID No.
RCRA-2003-0025. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to
rcra-docket@epa.gov, Attention Docket ID No. RCRA-2003-0025. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.A.1. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send your comments to: OSWER Docket, Environmental
Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW.,
[[Page 6595]]
Washington, DC, 20460, Attention Docket ID No. RCRA-2003-0025.
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center Reading Room, EPA West, Room B102, 1301 Constitution Ave
NW., Washington, DC., Attention Docket ID No. RCRA-2003-0025. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified in Section I.A.1.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
II. Description of Proposed Amendments
The United States Environmental Protection Agency (EPA or Agency)
is today proposing to grant three site-specific treatment variances
from the Land Disposal Restrictions (LDR) treatment standards for
selenium-bearing hazardous wastes from the glass manufacturing
industry.
In its first action, EPA is proposing to grant a variance to
Heritage Environmental Services LLC (Heritage) to stabilize a selenium-
bearing waste generated by Guardian Industries Corp. (Guardian) at
their RCRA permitted facility in Indianapolis, Indiana. If this
proposal is finalized, Heritage may treat the specific waste to an
alternate selenium treatment standard of 39.4 mg/L, as measured by the
TCLP, for the Guardian waste. Heritage may dispose of the treated
wastes in a RCRA Subtitle C landfill, provided they meet the applicable
LDR treatment standards for the other hazardous constituents in the
waste.
In its second and third actions, EPA is proposing to permanently
establish two site-specific variances from Land Disposal Restrictions
treatment standards for Chemical Waste Management Inc. (CWM), at their
Kettleman Hills facility in Kettleman City, California, for two
selenium bearing hazardous wastes. EPA previously granted variances to
these wastes on a temporary basis on May 26, 1999 (64 FR 28387). On May
28, 2002 (67 FR 36849), EPA renewed these variances for a consecutive
three year term with the same condition to investigate treatment
technologies and to report effectiveness of their ongoing treatment.
These variances expire on May 28, 2005. In light of the information
presented by CWM to the Agency and EPA's inability to find selenium
recovery capability in the US, EPA is proposing to change the status of
CWM variances from temporary to permanent. If this proposal is
finalized, CWM will continue to be required to treat these two specific
wastes to alternative selenium treatment standards of 51 mg/L, as
measured by the TCLP, for the Owens-Brockway waste, and 25 mg/L, as
measured by the TCLP, for the St. Gobain (formally Ball Foster) waste.
CWM will continue to dispose of the treated wastes in a RCRA Subtitle C
landfill provided they meet the applicable LDR treatment standards for
the other hazardous constituents in the wastes.
List of Subjects in 40 CFR Part 268
Environmental Protection, Hazardous waste, Variance.
Dated: February 4, 2004.
Marianne Lamont Horinko,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 04-2820 Filed 2-10-04; 8:45 am]
BILLING CODE 6560-50-U