[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Proposed Rules]
[Pages 12054-12055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7273]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148, 261, 268, 271
[FRL-5447-4]
RIN 2050-AE05
Land Disposal Restrictions, Supplemental Proposal to Phase IV
Rule: Clarification of Bevill Exclusion for Mining Wastes, Changes to
the Definition of Solid Waste for Mineral Processing Wastes, and
Associated Issues--Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Extension of comment period.
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SUMMARY: EPA is extending the public comment period on the mineral
processing sections of the supplemental Phase IV proposal (61 FR 2338,
January 25, 1996) for 30 days beyond the original 60-day comment
period. Public comments must be submitted to EPA by April 24, 1996.
DATES: Comments must be submitted by April 24, 1996.
ADDRESSES: To submit comments, the public must send an original and two
copies to Docket Number F-95-PH4A-FFFFF, located at the RCRA Docket.
The mailing address is: RCRA Information Center, U.S. Environmental
Protection Agency (5305W), 401 M Street, S.W., Washington, D.C. 20460.
The RCRA Information Center is located at 1235 Jefferson Davis Highway,
First Floor, Arlington, Virginia. The RCRA Information Center is open
for public inspection and copying of supporting information for RCRA
rules from 9:00 am to 4:00 pm Monday through Friday, except for Federal
holidays. The public must make an appointment to review docket
materials by calling (703) 603-9230. The public may copy a maximum of
100 pages from any regulatory document at no cost. Additional copies
cost $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For general information or to order
paper copies of this Federal Register document, call the RCRA Hotline.
Callers within the Washington, Metropolitan Area must dial 703-412-9810
or TDD 703-412-3323 (hearing impaired). Long-distance callers may call
1-800-424-9346 or TDD 1-800-553-7672. The RCRA Hotline is open Monday-
Friday, 9:00 a.m. to 6:00 p.m., Eastern Standard Time. For information
on mineral processing issues, contact Van Housman at (703) 308-8419 or
Steven Hoffman at (703) 308-8413. For other information on this notice,
contact Sue Slotnick at (703) 308-8462.
SUPPLEMENTARY INFORMATION:
Paperless Office Effort
EPA is asking prospective commenters to voluntarily submit one
additional copy of their comments on labeled personal computer
diskettes in ASCII (TEXT) format or a word processing format that can
be converted to ASCII (TEXT). It is essential to specify on the disk
label the word processing software and version/edition as well as the
commenter's name. This will allow EPA to convert the comments into one
of the word processing formats utilized by the Agency. Please use
mailing envelopes designed to physically protect the submitted
diskettes. EPA emphasizes that submission of comments on diskettes is
not mandatory, nor will it result in any advantage or disadvantage to
any commenter. This expedited procedure is in conjunction with the
Agency ``Paperless Office'' campaign. For further information on the
submission of diskettes, contact Sue Slotnick of the Waste Treatment
Branch at (703) 308-8462.
This Federal Register notice is available on the Internet System
through EPA Public Access Server at gopher.epa.gov.or through
WWW.epa.gov. For the text of the notice, choose: Rules, Regulations,
and Legislation; the FR-Waste; finally, Year/Month/Day.
Extension of Comment Period
On August 22, 1995, EPA proposed the Phase IV Land Disposal
Restrictions rule (60 FR 43654) containing proposed treatment standards
for newly listed and characteristic wastes, among other issues. In a
supplemental proposal (61 FR 2338, January 25, 1996), EPA proposed
treatment standards for hazardous mineral processing wastes, changes to
the definition of solid waste for mineral processing wastes, related
issues regarding mineral processing wastes, and several unrelated
issues. The two proposals will form the basis for a single final rule
due to be promulgated later this year, referred to as the Phase IV
rule.
EPA has received requests from the Environmental Defense Fund, the
National Mining Association, ASARCO Incorporated, Kennecott
Corporation, Barrick Goldstrike Mines Incorporated, and the Precious
Metals Producers for an extension of the 60-day public comment period
due to the broad scope and complexity of the proposal. The additional
time requested ranged from 30 to 90 days. EPA is today extending the
comment period an additional 30 days, resulting in a 90-day comment
period, on the supplemental rule. Comments must be submitted by April
24, 1996. EPA is not extending the comment period beyond the extra 30
days because it believes that a 90-day comment period is adequate.
Furthermore, EPA had provided major interested parties with a copy of
the signed rule and one of the major background documents 38 days prior
to publication in the Federal Register, i.e. before the comment period
began. In addition, EPA held several meetings with major interested
parties during the development of the proposal. In those meetings, EPA
presented the positions it eventually proposed on mineral processing
issues, and received feedback from the public which was used in EPA's
decision-making.
In letters to EPA, the National Mining Association and ASARCO
Incorporated stated that one reason for requesting additional time for
the comment period was because the docket was incomplete. In several of
the technical background documents prepared for this rule, which have
been in the docket since the proposal was signed, EPA listed as
secondary references certain other sources. Most of these documents are
[[Page 12055]]
publicly available in other EPA rulemaking dockets and in the public
literature, while some are not. The latter include, for example,
correspondence from EPA's contractors. EPA has now placed these
referenced documents (except those already publicly available) in the
docket to provide more complete access to them. EPA does not view these
reference documents as critical to the decision-making process for the
rulemaking, and does not believe that additional time is warranted for
response.
At the time of publication, EPA indvertently omitted from the
docket a document concerning the proposed exclusion of processed scrap
metal and shredded circuit boards. The document is entitled, ``Scrap
Metal Management: Assessment of Environmental and Human Health Damages
Attributable to Scrap Metals: Technical Memorandum,'' dated February
28, 1995. EPA has now placed it in the docket and it is available for
public review.
Dated: March 21, 1996.
Michael Shapiro,
Director, Office of Solid Waste.
[FR Doc. 96-7273 Filed 3-22-96; 8:45 am]
BILLING CODE 6560-50-P
