[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22720]


[[Page Unknown]]

[Federal Register: September 14, 1994]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5072-1]

 

Additional Data Available on Wastes Studied in the Report to 
Congress on Cement Kiln Dust

AGENCY: Environmental Protection Agency.

ACTION: Notice of Data Availability and Request for Comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability for public inspection 
and comment, of recently acquired data on cement kiln dust studied in 
the Agency's December, 1993, Report to Congress on Cement Kiln Dust 
(see 59 FR 709, 1/6/94). Pursuant to a proposed consent decree in 
Environmental Defense Fund (EDF) v. Browner (D.C. Civ. No. 89-0598), 
the Agency has committed to making a final regulatory determination on 
whether this waste stream should continue to retain the exemption from 
regulation under Subtitle C of the Resource Conservation and Recovery 
Act (RCRA) no later than January 31, 1995. Specifically, the Agency and 
EDF filed a joint motion on June 27, 1994, to modify the proposed 
consent decree to specify the January 31, 1995, deadline.

DATES: The Agency is soliciting comment only on the new data described 
in this notice, and is not reopening the comment period on the Report 
to Congress on Cement Kiln Dust. Public comments on the additional data 
will be accepted through October 14, 1994. No extensions of the comment 
period will be granted.

ADDRESSES: Those persons, companies or organizations intending to 
submit comments for the record must send an original and two copies to 
the following address: RCRA Docket Information Center (5305), U.S. 
Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460. Please place the docket number F-94-RC2A-FFFFF on your comments.
    The additional data are available for public inspection at the RCRA 
docket, 401 M Street SW., Washington, DC, Room M2416, 2nd floor, 
Waterside Mall. Docket hours are 9 a.m. to 4 p.m., Monday through 
Friday, except Federal holidays. In order to view the docket, please 
call (202) 260-9327 to make an appointment. Comments on the new data 
will be accepted through October 14, 1994.
    Certain of the documents placed in the docket for this notice are 
also available in electronic format from EPA's Superfund electronic 
bulletin board (CLU-IN). The file names are: CKD1.ZIP, CKD2.ZIP, and 
CKD3.ZIP, and are located in file area #6 (RCRA/Superfund/UST). The 
data number is (301) 589-8366; the voice number for help in using the 
CLU-IN bulletin board is (301) 589-8368. Modem settings are N-8-1 
(parity, data bits and stop bit, respectively), and data transmission 
rate up to 9600 bps.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA/Superfund Hotline at (800) 424-9346 or (202) 260-3000; for 
technical information contact Bill Schoenborn (5302W), U.S. 
Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460, (703) 308-8483.

SUPPLEMENTARY INFORMATION:

I. Background

    RCRA Section 3001(b)(3)(A) (i-iii) (hereafter referred to as the 
Bevill Exemption) exempts among other wastes ``cement kiln dust waste'' 
from regulation under RCRA Subtitle C, pending completion of a Report 
to Congress and a subsequent regulatory determination of whether such 
regulation is warranted. In particular, Section 8002(o) of RCRA 
requires EPA to conduct a detailed and comprehensive study and submit a 
Report to Congress on the adverse effects on human health and the 
environment, if any, of the disposal of cement kiln dust waste (CKD). 
Factors to be considered include:
    (1) The source and volumes of such material generated per year;
    (2) Present disposal practices;
    (3) Potential danger, if any, to human health and the environment 
from the disposal of [CKD];
    (4) Documented cases in which danger to human health or the 
environment has been proved;
    (5) Alternatives to current disposal practices;
    (6) The costs of such alternatives;
    (7) The impact of those alternatives on the use of natural 
resources; and
    (8) The current and potential utilization of such materials.
    Based on this mandate, the Agency conducted a study of cement kiln 
dust waste and prepared the following report: The Report to Congress on 
Cement Kiln Dust Waste (hereafter referred to as the ``RTC'' or ``the 
Report''), released in December, 1993. This report contains a detailed 
study of cement kiln dust. In the RTC, the Agency presented and 
solicited public comment on five regulatory options for cement kiln 
dust, based on the findings of the Report. These options are: (1) 
Retaining the Bevill exemption for CKD; (2) Retaining the exemption and 
entering into discussions with the industry to voluntarily implement 
dust recycling technologies, reduce waste, and control certain off-site 
uses; (3) Removing the exemption, but delaying implementation of 
regulations to allow the industry time to employ pollution prevention 
options; (4) Removing the exemption, and implementing hazardous waste 
rules immediately; and (5) Promulgating tailored regulatory standards 
under Subtitle C for the management of CKD.
    The Report to Congress was signed by the Administrator on December 
30, 1993. In an effort to gather comment on the Report, the Agency held 
a series of public meetings on February 8, 10, and 14, and March 7, 9, 
and 10 with representatives of the cement industry, the hazardous waste 
management industry, regional and State environmental authorities, and 
citizen groups. In addition, the Agency held a formal public hearing on 
the Report in Washington, D.C., on February 15, 1994. The public 
comment period on the Report closed on March 8, 1994. The Agency has 
received nearly 1100 comments on the Report. The public comments and 
the hearing transcript are available for public inspection at the RCRA 
docket (docket number F-94-RCKA-FFFFF).
    Not all information contained in comments on the Report was 
considered appropriate for use in these new analyses. The reasons for 
not considering specific data will be addressed in the Final Regulatory 
Determination, although the general reasons for not using specific data 
are summarized in the RCRA docket in a preamble to the technical 
background documents supporting this Notice.

II. Additional Information

    To supplement the information included in the 1993 RTC on cement 
kiln dust waste, the Agency has analyzed information submitted as 
public comment on the Report, and undertaken several data collection 
efforts. Analytical data on EPA's own cement kiln dust samples, sample 
analytical data submitted by industry in response to the Agency's 1992 
RCRA Sec. 3007 data request, and sample analytic data submitted as 
comment on the Report has been obtained and utilized by the Agency. 
Also, additional information related to plant-specific environmental 
risk has been obtained from publicly available data sources. 
Furthermore, information on endangered species and the demographic 
make-up (income and ethnicity) of populations around cement 
manufacturing facilities have been obtained from various other Federal 
and public agencies. The data collected regarding these cement kiln 
dust wastes specifically address: waste characteristics, waste 
generation, environmental impacts of CKD releases, and potential 
environmental justice concerns. Because these new data may be utilized 
in the regulatory decision-making process for cement kiln dust waste, 
the new data are being placed into the RCRA docket for public 
inspection and comment. For all readers to clearly distinguish these 
new data, they have been placed under a new docket number: F-94-RC2A-
FFFFF. The Agency will provide a full response to comments on these new 
data and all comments on the Report to Congress when it publishes the 
Final Regulatory Determination on cement kiln dust.
    A complete list of all new materials placed in the docket is 
available from the RCRA Docket at the address and telephone number 
listed above. The new data include:
    Summary of analytical data and data validation reports on metals 
content of cement kiln dust from EPA sampling conducted at six cement 
manufacturing facilities in May 1993. The as-managed cement kiln dust 
samples that were collected during EPA's May 1993 sampling effort were 
subjected to analyses for metals constituents (total basis) subsequent 
to the initial analytical effort. The Agency solicits comment on this 
new metals data and how it should affect the Agency's final regulatory 
determination.
    A compendium of technical and engineering information pertinent to 
cement kiln dust received by EPA and analyzed since the close of the 
public comment period on the Report to Congress. The compendium 
includes statistical analyses of dioxin and metals analytical data; 
descriptions of regression models; the results of regression analyses 
on cement kiln dust composition data, kiln characteristics, and fuel 
types and usage rates; description and results of calculations of 
generation and disposal rates of metals contained in cement kiln dust.
    Publicly available demographic information from the U.S. Census 
Bureau on income and ethnicity characteristics of populations living 
around 41 cement manufacturing facilities.
    Materials obtained from public files or maintained by State 
regulatory agencies on specific cement manufacturing sites in Michigan, 
Pennsylvania, and Texas. These materials focus on waste 
characterization and environmental monitoring data, along with 
supporting background information, and were used to compile new 
documented cases in which danger to human health and the environment 
has been proved (``damage cases''). Specific information in the docket 
includes a description of each new damage case plus documentation 
solicited by the Agency beyond the information contained in the Report 
and in comments.
    Materials related to the Agency's assessment of CKD risk potential, 
including: (1) An expanded data base (spreadsheet format) of CKD risk 
factors for 83 cement plants (includes new industry data on waste 
quantity, characteristics and EPA-assembled data from public sources on 
plant locations and potential receptors); (2) preliminary results from 
an expanded plant-specific risk screening for 83 plants and multiple 
risk pathways; (3) additional risk modeling results for predicted 
blood-lead level effects, including revisions to RTC estimates based on 
revised IEUBK model protocol and additional results for sensitivity 
scenarios; (4) additional applications of the RTC risk modeling results 
for fine dust particles via the direct inhalation pathway showing 
relationships of predicted dust exposures to the National Ambient Air 
quality Standards for fine particles; (5) an analysis of the prevalence 
of karst terrain and implications for the Agency's groundwater pathway 
risk assessments; and (6) an analysis of the proximity and prevalence 
of threatened and endangered species to cement plants.
    Materials related to the Agency's analysis of the costs and impacts 
of alternative CKD management practices, including: (1) A summary of 
industry-submitted data on cement kiln dust waste land management 
costs; (2) data on costs of off-site CKD land disposal; and (3) revised 
costs for the Passamaquoddy Technology flue gas scrubber recovery 
system.
    The Agency solicits comments on all aspects of the information 
sources described in this Notice. All comments on new data received by 
the close of the comment period will be considered by the Agency when 
making a final regulatory determination on cement kiln dust waste. 
Comments will be accepted and considered only on the new data 
specifically identified under the above docket number. EPA will not 
consider comments in response to this notice on the 1993 Report to 
Congress and data and analyses presented therein. In addition, since 
EPA is required to reach a final regulatory determination by January 
31, 1995, no time extension to the comment period will be granted.

    Dated: September 8, 1994.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 94-22720 Filed 9-13-94; 8:45 am]
BILLING CODE 6560-50-P