[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Proposed Rules]
[Pages 19003-19004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8180]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 268
[EPA-HQ-RCRA-2010-0851; FRL-9290-5]
Land Disposal Restrictions: Nevada and California; Site Specific
Treatment Variances for Hazardous Selenium Bearing Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to issue both a site-specific treatment
variance to U.S. Ecology Nevada (USEN) located in Beatty, Nevada and
withdraw an existing site-specific treatment variance issued to
Chemical Waste Management, Inc. (CWM) located in Kettleman Hills,
California. This proposal pertains to the treatment of a hazardous
waste generated by the Owens-Brockway Glass Container Company in
Vernon, California that is unable to meet the concentration-based
treatment standard for selenium established under the Land Disposal
Restrictions program. The site-specific treatment variance proposed to
be issued to USEN would provide an alternative treatment standard of 59
mg/L for selenium as measured by the Toxicity Characteristic Leaching
Procedure. EPA has determined that the treatment performed by USEN
provides the best demonstrated treatment available for this waste by
reducing the amount of selenium potentially released to the
environment, while minimizing the total volume of hazardous waste land
disposed. In the ``Rules and Regulations'' section of this Federal
Register, EPA has also published a direct final rule granting a site-
specific treatment variance to USEN, and withdrawing the site-specific
treatment variance previously granted to CWM for this same waste
without a prior proposed rule. If we receive no adverse comment, we
will not take further action on this proposed rule and the direct final
rule will become effective as provided in that action.
DATES: Written comments must be received by May 6, 2011. Comments
postmarked after the close of the comment period will be stamped
``late'' and may or may not be considered by the Agency.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2010-0851, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected] and [email protected].
Attention Docket ID No. EPA-HQ-RCRA-2010-0851.
Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-RCRA-
2010-0851.
Mail: RCRA Docket (28221T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-RCRA-2010-0851. Please include a total of 2
copies.
Hand Delivery: Please deliver 2 copies to EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2010-0851. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the HQ-Docket Center,
Docket ID No. EPA-HQ-RCRA-2010-0851, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Docket Facility 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 RCRA Docket is (202) 566-
0270. A reasonable fee may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Jesse Miller, Materials Recovery and Waste
Management Division, Office of Resource Conservation and Recovery (MC
5304 P), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460; telephone (703) 308-1180; fax (703) 308-
0522; or [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 19004]]
I. Why is EPA issuing this proposed rule?
This action proposes to issue both a site-specific treatment
variance to U.S. Ecology Nevada (USEN) located in Beatty, Nevada and
withdraw an existing site-specific treatment variance issued to
Chemical Waste Management, Inc. (CWM) located in Kettleman Hills,
California. This proposal pertains to the treatment of a hazardous
waste generated by the Owens-Brockway Glass Container Company in
Vernon, California that is unable to meet the concentration-based
treatment standard for selenium established under the Land Disposal
Restrictions program. The site-specific treatment variance proposed to
be issued to USEN would provide an alternative treatment standard of 59
mg/L for selenium as measured by the Toxicity Characteristic Leaching
Procedure. EPA has determined that the treatment performed by USEN
provides the best demonstrated treatment available for this waste by
reducing the amount of selenium potentially released to the
environment, while minimizing the total volume of hazardous waste land
disposed.
In the Rules and Regulations section of this Federal Register, we
have also published a direct final rule granting a site-specific
treatment variance to USEN and withdrawing the site-specific treatment
variance previously granted to CWM for this same waste. We are issuing
a direct final rule for this action because we view this as
noncontroversial and anticipate no adverse comment. We have explained
our reasons for this in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule and the direct final rule will become effective
as provided in that action. If we do receive adverse comment, we will
publish a timely notice in the Federal Register withdrawing the direct
final rule and it will not take effect. We will address all public
comments in any subsequent final rule based on this proposed rule. We
do not intend to institute a second comment period on this action. Any
parties interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
II. Does this action apply to me?
This proposal applies only to U. S. Ecology Nevada located in
Beatty, Nevada and Chemical Waste Management located in Kettleman
Hills, California.
III. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
the procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible.
Make sure to submit your comments by the comment period
deadline identified.
Direct Final Rule Location of Regulatory Text for This Proposal
The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplemental information, the
detailed rationale for the proposal, and the regulatory revisions, see
the information provided in the direct final rule published in the
Rules and Regulations section of today's Federal Register.
Statutory and Executive Order Reviews
For a complete discussion of all the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to the
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
This site-specific treatment variance, as proposed, does not create
any new requirements. Rather, it proposes an alternative treatment
standard for a specific waste that applies to only one facility, USEN
and proposes to withdraw an existing site-specific treatment variance
for the same waste at CWM in Kettleman Hills, California. Therefore, we
hereby certify that this action, as proposed would not add any new
regulatory requirements to small entities. This proposal rule,
therefore, does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 268
Environmental Protection, Hazardous Waste, Variances.
Dated: March 31, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2011-8180 Filed 4-5-11; 8:45 am]
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