[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54207-54208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25918]



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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 271, and 302

[SWH-FRL-5316-4]


Extension of Comment Period for the Proposed Identification and 
Listing of Hazardous Waste/Dye and Pigment Industries

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
reopening the comment period for the proposed listing determination for 
the dyes and pigments industry, which appeared in the Federal Register 
on December 22, 1994 (see 59 FR 66072-114). The public comment period 
for this proposed rule was to end on October 17, 1995. The purpose of 
this notice is to reopen the comment period to end on November 30, 
1995. This reopening of the comment period is provided due to 
unresolved confidential business information (CBI) issues.

DATES: EPA will accept public comments on this proposed listing 
determination until November 30, 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-DPLP-FFFFF, Room 2616, U.S. 
EPA, 401 M Street, SW, Washington, DC. The docket is open from 9 a.m. 
to 4 p.m., Monday through Friday, excluding Federal holidays. The 
public must make an appointment to review docket materials by calling 
(202) 260-9327. 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 technical information concerning 
this notice, please contact Wanda Levine, Office of Solid Waste (5304), 
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460, (202) 260-7458.

SUPPLEMENTARY INFORMATION: This proposed rule was issued under Section 
3001(b) of RCRA. EPA proposed to list certain wastes generated during 
the production of dyes and pigments because these wastes may pose a 
substantial present or potential risk to human health or the 
environment when improperly managed. See 59 FR 66072-114 (December 22, 
1994) for a more 

[[Page 54208]]
detailed explanation of the proposed rule.
    These proposed hazardous waste listings were based in part upon 
data claimed as confidential by certain dye and pigment manufacturers. 
Although EPA hopes to publish these data or information derived from 
these data to the extent relevant to the proposed listing, the Agency 
is unable to do so at the present time due in large part to the 
issuance of a preliminary injunction against EPA in Magruder Color Co. 
v. EPA, Civ. No. 94-5768 (D.N.J.). EPA is pursuing avenues to allow 
publication of the information and hopes to supplement the public 
record with and allow public comment on such information prior to 
issuance of a final listing. However, because EPA currently is 
obligated to publish a final rule by November 30, 1995 pursuant to a 
consent decree entered in EDF v. Browner, Civ. No. 89-0598 (D.D.C.), at 
this time EPA is only reopening the comment period until November 30, 
1995. EPA will attempt to seek an extension of that deadline, and if 
successful, will further extend the comment period. If EPA is 
unsuccessful in obtaining an extension, the comment period will close 
on November 30, 1995.

    Dated: October 10, 1995.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 95-25918 Filed 10-19-95; 8:45 am]
BILLING CODE 6560-50-P