[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Proposed Rules]
[Pages 37183-37185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18246]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, and 273

[SWH-FRL-5856-6]


Hazardous Waste Management System; Modification of the Hazardous 
Waste Program; Mercury-Containing Lamps

AGENCY: Environmental Protection Agency.

ACTION: Notice of data availability.

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SUMMARY: The Environmental Protection Agency (EPA) is making available 
to the public a study containing information relating to its Proposed 
Rule addressing the management of mercury-containing lamps under the 
Resource Conservation and Recovery Act Subtitle C hazardous waste 
management system published in the Federal Register on July 27, 1994, 
59 FR 39288. The study consists of an electronic model and report that 
provides an assessment of mercury emissions from the management of 
mercury-containing lamps under different approaches, including two that 
were discussed in the Proposed Rule: A conditional exclusion from 
hazardous waste regulations and adding lamps to Universal Waste 
regulations (May 11, 1995, 60 FR 25542). Readers should note that only 
comments about the study discussed in this Notice of Data Availability 
will be considered by the Agency during this comment period. The Agency 
is not reopening the comment period for the July 27, 1994 proposed rule 
through this Notice of Data Availability.

DATES: Comments on the study will be accepted through August 25, 1997.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-97-FLEA-FFFFF to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW., 
Washington, DC 20460. Hand deliveries of comments should be made to the 
Arlington, VA, address listed below. Comments may also be submitted 
electronically by sending electronic mail through the Internet to: 
[email protected]. Comments in electronic format should also 
be identified by the docket number F-97-FLEA-FFFFF. All electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. If comments are not submitted 
electronically, 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 common 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.
    Commenters should not submit electronically any confidential 
business information (CBI). An original and two copies of CBI must be 
submitted under separate cover to: RCRA CBI Document Control Officer, 
Office of Solid Waste (5305W), U.S. EPA, 401 M Street, SW., Washington, 
DC 20460.
    Public comments and supporting materials are available for viewing 
in the RCRA Information Center (RIC), located at Crystal Gateway I, 
First Floor,

[[Page 37184]]

1235 Jefferson Davis Highway, Arlington, VA 22202. The RIC is open from 
9 a.m. to 4 p.m., Monday through Friday, excluding federal holidays. To 
review docket materials, it is recommended that the public make an 
appointment by calling (703) 603-9230. The public may copy a maximum of 
100 pages from any regulatory docket at no charge. Additional copies 
cost $0.15/page. Copies of the electronic emissions model on compact 
disk will be available from the docket at no charge.
    In addition to being available for public viewing in the docket, 
the electronic model and report discussed in this Notice will also be 
available in electronic format on the Internet. Access to documents on 
the Internet will begin in mid-July 1997. Follow these instructions to 
access these documents.
    WWW: http://www.epa.gov/epaoswer/hazwaste/id
    FTP: ftp.epa/gov
    Login: anonymous
    Password: your Internet address
    Files are located in /pub/gopher/OSWRCRA.
    The official record for this action will be kept in paper form. 
Accordingly, EPA will transfer all comments received electronically 
into paper form and place them in the official record, which will also 
include all comments submitted directly in writing. The official record 
is the paper record maintained at the address in ADDRESSES at the 
beginning of this document.
    EPA responses to comments, whether the comments are written or 
electronic, will be in a notice in the Federal Register or in a 
response to comments document placed in the official record for this 
rulemaking. EPA will not immediately reply to commenters electronically 
other than to seek clarification of electronic comments that may be 
garbled in transmission or during conversion to paper form, as 
discussed above.

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, D.C. 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 other 
information on this notice, contact Mr. Lyn Luben (5307W), Office of 
Solid Waste, 401 M St. SW., Washington, DC 20460, phone 703-308-0508.
    A telephone line and electronic address specifically dedicated to 
technical support for the Mercury Emissions electronic model have been 
established for the public comment period. For technical assistance on 
any aspect of the Mercury Emissions electronic model, call 1-888-272-
8729. Requests for assistance may also be submitted electronically to 
[email protected] or may be faxed to 703-934-3740.

SUPPLEMENTARY INFORMATION: On July 27, 1994, the Environmental 
Protection Agency issued a proposed rule(59 FR 39288) proposing two 
alternative approaches for the management of mercury-containing lamps.
    The amount of mercury released into the environment from spent 
fluorescent lamps was a key uncertainty identified in the 1994 proposed 
rule. Since the proposal, the Agency has continued to collect and 
analyze information from other sources on mercury emissions from the 
management of spent fluorescent lamps. Part of this ongoing effort 
included development of the Mercury Emissions study. This Notice 
announces the availability of this additional information and the 
mercury emissions study.
    The purpose of the mercury emissions study is to provide a 
supplementary tool for the assessment of amounts and sources of mercury 
emissions potentially produced under alternative management scenarios 
for spent fluorescent lamps. The study examines three basic elements in 
the assessment of mercury emissions associated with the disposal of 
spent fluorescent lamps: mercury input into the waste management 
system, mercury emissions from the management of spent lamps, and 
mercury emissions avoided due to the installation of energy efficiency 
lighting and the corresponding reduction in power generation 
requirements.
    The study is considered by EPA to be a qualitative study based 
partly on quantitative analyses. It is considered qualitative by EPA 
due to limitations of the data. The study should be used in combination 
with available scientific knowledge to help evaluate primary and 
secondary mercury emissions potentially associated with the management 
of spent lamps.
    EPA believes the following observations may be derived from the 
study results. First, mercury emissions from municipal waste combustors 
are a major source of mercury emissions from lamps. Second, mercury 
emissions from lamps broken prior to recycling or disposal are a 
significant contributor to lamp mercury emissions. These two 
observations are derived from Table 3-2 in the report. Finally, as 
detailed in Table 3-4, energy savings from the use of fluorescent lamps 
and the resultant decrease in mercury emissions from coal-fired utility 
boilers appear to be independent of spent lamp management approach.

Data Available For Review and Comment

    The Agency requests comment on the study described in this notice. 
Supporting documents used in the development of the study are listed 
below. Copies of reports and these supporting documents are available 
for inspection in the docket for this Notice.
    1. Hinkley, William M., Bureau of Solid and Hazardous Waste 
Management, Department of Environmental Protection, State of Florida, 
Comments on EPA's Proposed Rule: Modification of the Hazardous Waste 
Program; Mercury Containing Lamps, November 23, 1994.
    2. Howley, Joseph, GE Lighting: Letter to Ms. Kristina Meson and 
Ms. Yvette Hopkins of the U.S. Environmental Protection Agency, August 
20, 1996.
    3. McGaughey, James F., et al. Eastern Research Group, Inc. Mercury 
and Other Metals Testing at the GSF Energy Inc. Landfill Gas Recovery 
Plant at the Fresh Kills Landfill; Final Report, January 1997.
    4. National Electrical Manufacturers Association, Environmental 
Risk Analysis: Spent Mercury-Containing Lamps, A Summary of Current 
Studies, (second edition) February 20, 1995.
    5. National Electrical Manufacturers Association, Environmental 
Risk Analysis: Spent Mercury-Containing Lamps, A Summary of Current 
Studies, (third edition) March 18, 1996.
    6. State of California--Department of Toxic Substances Control, 
letter submitted to Alec McBride of EPA, March 9, 1993.
    7. State of Florida--Florida Department of Environmental 
Protection, Managing Spent Fluorescent and High Intensity Discharge 
(HID) Lamps, July 1996.
    8. State of Florida, Florida Department of Environmental 
Protection, 1995 Florida Mercury-Containing Lamp Recycling & 1996 
Florida Mercury-Containing Lamp Recycling, May 20, 1997.
    9. State of Minnesota--Minnesota Pollution Control Agency, FAX 
submitted to Yvette Hopkins of EPA, August 23, 1996.
    10. State of Wisconsin--Department of Natural Resources, Letter 
sent to David Layland of EPA, February 26, 1993.

[[Page 37185]]

    11. Sylvania Corporation: Meeting notes and follow-up letter. 
Meeting between Ms. Kristina Meson, EPA technical staff, and personnel 
from Sylvania Corporation, August 21, 1996. Sylvania follow-up comments 
presented in letter dated September 18, 1996.
    12. TetraTech Inc. and Frontier Geosciences Inc., Information on 
Fate of Mercury From Mercury-Containing Lamps Disposed in Landfills, 
November 1994.
    13. Truesdale, Robert S., et al., Research Triangle Institute, 
Management of Used Fluorescent Lamps: Preliminary Risk Assessment, (RTI 
Project No. 94U-5400-010), October 1992 (Revised May 14, 1993).
    14. United States Department of Commerce, Economics and Statistics 
Administration, Bureau of the Census, Current Industry Reports--
Electric Lamps, Summary for 1992, MQ36B(92)-5, September 1993.
    15. United States Department of Commerce, Economics and Statistics 
Administration, Bureau of the Census, Current Industry Reports--
Electric Lamps, Summary for 1993, (in: Commerce News) MQ36B(94)-1, 
November 1994.
    16. United States Department of Commerce, Economics and Statistics 
Administration, Bureau of the Census, Current Industry Reports--
Electric Lamps, Summary for 1994, (in: Commerce News) MQ36B(94)-1, July 
1995.
    17. United States Department of Energy, Energy Information 
Administration, Commercial Buildings Energy Consumption and 
Expenditures--1992, DOE/EIA-0318(92), April 1995.
    18. United States Department of Energy, Energy Information 
Administration, Commercial Buildings Characteristics--1992, DOE/EIA-
0246(92), April 1994.
    19. United States Department of Energy, Energy Information 
Administration. Electric Power Annual 1995--Generating Capability, Net 
Generation, Fossil Fuel Statistics (consumption-stocks-receipts-costs), 
Estimated Retail Sales/Revenue, Volume I (DOE/EIA-0348(95), July 1996.
    20. United States Environmental Protection Agency, Mercury Study, 
Report To Congress: SAB Review Draft. EPA-452/R-96-001. June 1996.
    21. United States Environmental Protection Agency, Office of Air 
and Radiation, Lighting Upgrade Technologies, EPA 430-B-95-008, 
February 1997.
    22. United States Environmental Protection Agency, Office of Air 
and Radiation, EPA Green Lights, FAXes from Geoffrey Brown to Gary 
Ballard. October 23, 1995 and October 25, 1995.
    23. United States Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Control Technology Center, Evaluation 
of Mercury Emissions From Fluorescent Lamp Crushing. EPA-453/D-94-018. 
February 1994.
    24. United States Environmental Protection Agency, Standards of 
Performance for Municipal Waste Combustors--Direct Final Rule, Federal 
Register, Vol. 60, No. 243, Tuesday, December 19, 1995. 25. Waltisky, 
Paul, Phillips Lighting Company: Letter to Ms. Kristina Meson, 
Environmental Protection Agency. September 30, 1996.

    Dated: July 3, 1997.
Elizabeth Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 97-18246 Filed 7-10-97; 8:45 am]
BILLING CODE 6560-50-P