[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Proposed Rules]
[Page 10052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4289]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 266 and 268
[SW-FRL-5157-8]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Extension of Comment Period
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) is
extending the comment period for the proposed rule on standards for the
management and use of slag residues derived from HTMR treatment of
K061, K062, and F006 wastes, which appeared in the Federal Register on
December 29, 1994 (see 59 FR 67256). This extension of the comment
period is provided to allow commenters an opportunity to finalize their
data gathering efforts and comments to the Agency's proposal.
DATES: EPA will accept public comments on this proposed decision until
April 14, 1995. Comments postmarked after the close of the comment
period will be stamped ``late.''
ADDRESSES: The public must send an original and two copies of their
comments to EPA RCRA Docket Number F-94-SRTP-FFFFF, room 2616 (Mail
Code 5305), 401 M Street SW., Washington, DC 20460. The docket is open
from 9:00 a.m. to 4:00 p.m., Monday through Friday, except on Federal
holidays. Call (202) 260-9327 for appointments. The public may copy
material from any regulatory docket at no cost for the first 100 pages,
and at $0.15 per page for additional copies.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline, toll free at (800) 424-9346, or at (703) 412-9810. For
technical information concerning this notice, contact Narendra
Chaudhari, Office of Solid Waste (Mail Code 5304), U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 260-
4787.
SUPPLEMENTARY INFORMATION:
I. Background
On December 29, 1994, EPA proposed to conditionally allow residual
materials (``slags'') resulting from the high temperature metal
recovery (HTMR) treatment of specified hazardous wastes (i.e., electric
arc furnace dust, steel finishing spent pickle liquor, and
electroplating sludges) to be used in road construction and as an anti-
skid/deicing material on road surfaces. These slags are generated by
HTMR units processing hazardous wastes solely for metal recovery
pursuant to Sec. 266.100(c)--in essence, devices processing particular
hazardous wastes with high recoverable metal content, minimal hazardous
organic constituents, and low BTU. EPA's proposal was based on the
results of a risk assessment conducted for these HTMR slags. See 59 FR
67256 for a more detailed explanation of the Agency's proposed action.
Of course, until this proceeding is concluded, EPA has made no final
determination that any of these slag dispositions are safe.
On January 17 and January 24, 1995, the Agency received requests
from two commenters to extend the comment period. Basically, these
commenters are seeking additional time to thoroughly evaluate all
aspects of the risk assessment used by EPA to support the proposed rule
and also to prepare written comments based on their evaluations. Among
the issues raised are whether the slags' total metal concentrations are
adequately characterized, and whether risk to sensitive populations was
adequately considered (see RCRA docket for the proposed rule). The
Agency considered these commenters' requests and has decided to extend
the comment period until April 14, 1995.
One issue not discussed in EPA's proposal is whether legitimate
recycling is occurring (and, accordingly, whether Sec. 266.20 even
applies to these dispositions of the slags). See 59 FR 48026 (September
19, 1994). Such a determination typically involves a case-by-case
consideration, and the agency has enumerated relevant factors which
ordinarily play a part in that analysis. See, e.g., 53 FR 17606 (May
17, 1988). EPA made no such determination in the proposal, and does not
intend to do so in this proceeding.
The public comment period for the proposed rule was originally
scheduled to end on February 13, 1995. This notice extends the comment
period for the proposed rule to allow commenters an opportunity to
finalize their data gathering efforts and responses to the Agency's
proposed decision.
Dated: February 9, 1995.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 95-4289 Filed 2-22-95; 8:45 am]
BILLING CODE 6560-50-M
