[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Proposed Rules]
[Pages 33881-33882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16669]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 262, 264, 268, 269 and 271

[FRL-5528-9]


Requirements for Management of Hazardous Contaminated Media 
(HWIR-media); Proposed Rule--Notice of Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: notice of extension of comment period.

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SUMMARY: Since publication of the proposed rule for Requirements for 
Management of Hazardous Contaminated Media (HWIR-media) (61 FR 18780 
(April 29, 1996)), EPA has received several requests to extend the 
comment period. Today, the Agency is extending the comment period 30 
days to August 28, 1996.

DATES: The comment period on the proposed rule for Requirements for 
Management of Hazardous Contaminated Media (61 FR 18780) is extended 
from July 29, 1996 to August 28, 1996.

ADDRESSES: Commenters on the HWIR-media proposal must send an original 
and two copies of their comments referencing Docket Number F-96-MHWP-
FFFFF to: (1) If using regular US Postal Service mail: RCRA Docket 
Information Center, Office of Solid Waste (5305W), U.S. Environmental 
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW., 
Washington, DC 20460, or (2) if using special delivery, such as 
overnight express service : RCRA Docket Information Center (RIC), 
Crystal Gateway One, 1235 Jefferson Davis Highway, First Floor, 
Arlington, VA 22202. For other information regarding submitting 
comments electronically or viewing the comments received and supporting 
information, please refer to the proposed rule (61 FR 17870 (April 29, 
1996)). The RCRA Information Center is located at Crystal Gateway One, 
1235 Jefferson Davis Highway, First Floor, Arlington Virginia and is 
open for public inspection and copying of supporting information for 
RCRA rules from 9 am to 4 pm Monday through Friday, except for Federal 
holidays. The public must make an appointment to view 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, call the RCRA 
Hotline at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired).

[[Page 33882]]

Callers within the Washington Metropolitan Area must dial 703-412-9810 
or TDD 703-412-3323 (hearing impaired). The RCRA Hotline is open 
Monday-Friday, 9 a.m. to 6 p.m., Eastern Standard Time. For more 
detailed information on specific aspects of the HWIR-media rulemaking, 
contact Carolyn L. Hoskinson, Office of Solid Waste (5303W), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460, phone (703) 308-8626.

SUPPLEMENTARY INFORMATION: On April 29, 1996, EPA proposed Requirements 
for Management of Hazardous Contaminated Media (HWIR-media). See 61 FR 
17870. The Agency established a 90-day comment period and indicated 
that comments on the proposal would be accepted until July 29, 1996.
    EPA has received written requests to extend the comment period for 
HWIR-media from the Commonwealth of Massachusetts, WMX Technologies, 
Inc., American Petroleum Institute, and the American Industrial Health 
Council. The additional time requested was for 60 days.
    As justification for a time extension, stakeholders noted: (1) the 
significant impact on state superfund and hazardous waste programs, (2) 
the need to coordinate comments with other organizations, (3) the 
complexity of the rulemaking, (4) the overlap of this comment period 
with the comment period for the Advanced Notice of Proposed Rulemaking 
(ANPR) for Corrective Action for releases from Solid Waste Management 
Units at Hazardous Waste Management Facilities (61 FR 19432 (May 1, 
1996)) which ends July 30, 1996, and (5) the need to gather and 
evaluate data.
    The Agency has decided to grant an additional 30 days beyond the 
proposed 90-day comment period to allow stakeholders enough time to 
review the provisions of the rulemaking and to formulate comments and 
recommendations for the Agency's consideration in developing the final 
rule. The Agency believes that 120 days allows for sufficient time for 
commenters to evaluate the proposal, coordinate comments with others, 
and gather and evaluate data. This 30 day extension will stagger the 
comment deadlines for this proposed rule and the corrective action ANPR 
(61 FR 19432) mentioned above.
    The Agency does not believe that the 60 day extension requested is 
necessary. The Agency has extensively involved stakeholders during the 
preparation of the proposed rulemaking, beginning in January 1993. EPA 
announced public meetings of the HWIR Federal Advisory Committee in the 
Federal Register and the public was invited to attend and participate 
in the discussions between January 1993 and September 1994. 
Stakeholders were aware of the types of issues that would be discussed 
in the proposed rule, and therefore have had adequate time to prepare 
to present comments and data to the Agency on the general issues. As 
for the specific requirements proposed in the April 29, 1996 proposal, 
120 days provides sufficient time to respond. There is broad agreement 
that reform of the RCRA Subtitle C management requirements for 
remediation wastes is needed. The Agency wishes to move forward with 
this important reform, and believes that the requested 60 day extension 
would cause unnecessary delay. Accordingly, the Agency is extending the 
comment period 30 days to August 28, 1996 to provide for a 120-day 
comment period.
    The Agency also received requests to extend the comment period for 
60 additional days for the RCRA corrective action Advance Notice of 
Proposed Rulemaking (``ANPR'') (61 FR 19432) from American Petroleum 
Institute and the American Industrial Health Council. As justification 
for a time extension, stakeholders noted: (1) The need for adequate 
time for public review, and (2) limited expert resources to comment on 
both the HWIR-media (61 FR 18780) proposal and the corrective action 
ANPR (61 FR 19432) at the same time. The Agency has decided to retain 
the current 90 day comment period for the ANPR; comments on the ANPR 
are due by July 30, 1996. Although the ANPR requests comment on a range 
of corrective action issues, it does not propose any specific changes 
to the program, and is primarily soliciting views of interested parties 
rather than detailed technical analysis. Therefore, the Agency believes 
that a 90 day public comment period is adequate time. The Agency 
intends to move expeditiously forward with its plans to identify and 
implement improvements to the corrective action program. Any newly 
proposed or reproposed corrective action regulations which follow the 
ANPR will undergo appropriate public involvement and review as part of 
the rulemaking process. In addition, the Agency is providing relief 
from commenting on HWIR-media and the corrective action ANPR at the 
same time by extending the comment period for the HWIR-media proposal.
    One of the requests for an extension asked that the Agency 
specifically identify those portions of the 1990 corrective action 
proposal (55 FR 30798 (July 27, 1990)) which EPA plans to promulgate as 
final. EPA has not determined what, if any, portions of the 1990 
proposal are appropriate for finalizing, but rather solicited comment 
on this issue. EPA provided opportunity for notice and comment on the 
1990 proposal at the time of that proposal. Comments submitted during 
the 1990 comment period, as well as comments on this ANPR, will be 
considered before the Agency takes final action on any part of the 1990 
proposal. In the May 1, 1996 ANPR (61 FR 19432) EPA requests that 
commenters identify specific elements of the 1990 proposal which could 
be promulgated without additional public review and the advantages and 
disadvantages of immediately promulgating such provisions. Please see 
the May 1, 1996 ANPR (61 FR 19432, 19456) for additional discussion of 
this issue.

    Dated: June 20, 1996.
Elliott Laws,
Assistant Administrator for the Office of Solid Waste and Emergency 
Response.
[FR Doc. 96-16669 Filed 6-28-96; 8:45 am]
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