[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