[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