[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20656-20658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10247]


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ENVIRONMENTAL PROTECTION AGENCY

[SW-FRL-6969-9]


Notice of Data Availability for Additional Information Submitted 
by FMC/Astaris LLC Regarding the Case-By-Case Extension of the Land 
Disposal Restrictions (LDR) Effective Date for Hazardous Wastes 
Generated at Their Pocatello, Idaho Facility

AGENCY: Environmental Protection Agency (EPA).

[[Page 20657]]


ACTION: Notice of Data Availability.

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SUMMARY: On March 16, 2001, EPA proposed to approve the FMC/Astaris 
LLC's (FMC/Astaris) request for a one-year renewal of their existing 
Case-by-Case (CBC) extension of the Resource Conservation and Recovery 
Act land disposal restrictions (LDR) applicable to five hazardous 
wastes generated at their Pocatello, Idaho facility. FMC/Astaris' 
existing CBC extension expires on May 26, 2001. Today's ``Notice'' 
announces that FMC/Astaris has submitted additional information to EPA 
that is relevant to their requested renewal of the current CBC 
extension for these five hazardous wastes. This information covers the 
potential use of High Temperature Dust Filtration (HTDF) technology at 
their Pocatello facility, the management of the three hazardous waste 
streams not wholly eliminated by the HTDF system, and the effect of 
electric power shortages on facility production and the quantity of 
wastes generated there.

DATES: Comments on the additional information provided by FMC/Astaris 
(which has been entered into the RCRA Information Center) must be 
submitted by May 4, 2001.

ADDRESSES: The official record for this action is identified as Docket 
Number F-2001-FM2P-FFFFF. The official record of the FMC/Astaris 
request and related materials are available for viewing in the RCRA 
Information Center (RIC), located at Crystal Gateway I, First Floor, 
1235 Jefferson Davis Highway, Arlington, VA. 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 you make an appointment 
by calling (703) 603-9230. You may copy a maximum of 100 pages from any 
regulatory docket at no charge. Additional copies cost $0.15/page. The 
index and some supporting materials are available electronically. See 
the SUPPLEMENTARY INFORMATION section for information on accessing 
them.
    You must send an original and two copies of your comments, 
referencing docket number F-2001-FM2P-FFFFF, to: (1) if using regular 
US Postal Service mail: RCRA Docket Information Center, Office of Solid 
Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA, 
HQ), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 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. 
Comments may also be submitted electronically through the Internet to: 
[email protected]. Comments in electronic format should also be 
identified by the docket number F-2001-FM2P-FFFFF and must be submitted 
as an ASCII file avoiding the use of special characters and any form of 
encryption.
    You may claim information that you submit in response to this 
notice as confidential by marking any part or all of that information 
as Confidential Business Information (CBI). Information so marked will 
not be disclosed, except in accordance with procedures set forth in 40 
CFR part 2. Commenters should not submit any CBI electronically. An 
original and two copies of CBI must be submitted under separate cover 
to: RCRA CBI Document Control Officer, 
c/o Regina Magbie, Office of Solid Waste (5305W), U.S. EPA, Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. If you 
submit CBI by courier/overnight express, an original and two copies of 
the CBI must be sent to: RCRA CBI Document Control Officer, c/o Regina 
Magbie, Office of Solid Waste (5305W), U.S. EPA, 2800 Crystal Drive, 
7th Floor, Arlington, VA 22202. A copy of the comment that does not 
contain CBI must be submitted for inclusion in the public record. 
Information not marked confidential will be included in the public 
docket by EPA without prior notice.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact the RCRA Hotline at (800) 424-9346 or TDD (800) 553-
7672 (hearing impaired). In the Washington, DC metropolitan area, call 
(703) 412-9810 or TDD (703) 412-3323.
    For more detailed information on the FMC/Astaris submission, 
contact Mr. William Kline, Office of Solid Waste, 5302W, U.S. 
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, (703) 308-8440, [e-mail address: 
[email protected]].

SUPPLEMENTARY INFORMATION: The index of all supporting materials 
evaluated by EPA concerning the FMC/Astaris request is available on the 
Internet. You will find the index at: http://www.epa.gov/epaoswer/hazwaste/ldr/fmc.htm. 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 location noted in 
ADDRESSES at the beginning of this document.
    EPA's responses to comments will be in a Federal Register notice 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.

I. Background of the FMC/Astaris LLC Case-by-Case Extension Request
II. Additional Information Submitted by FMC/Astaris Since EPA's 
Notice of Proposed Decision
    A. Potential Use of High Temperature Dust Filtration (HTDF) 
Technology
    B. Managing the Waste Streams Not Eliminated by the proposed 
HTDF System
    C. Effect of the Western Energy Shortage on Waste Generation
    D. Responses to Questions Raised by EPA
III. How Can I Influence EPA's Decision making?
IV. What Happens After We Receive Your Comments?
V. Comments received to-date

I. Background of the FMC/Astaris LLC Case-by-Case Extension Request

    On March 16, 2001 (see 66 FR 15243), EPA proposed to approve FMC/
Astaris' request for a one-year renewal of their existing CBC extension 
applicable to five hazardous waste streams generated at their 
Pocatello, Idaho facility. EPA approved their existing CBC extension 
because, at the time, there was a demonstrated lack of available 
treatment capacity for these five waste streams, and FMC/Astaris had 
not commenced operating an on-site LDR treatment plant being built to 
treat these wastes.
    The five waste streams, generated by the production of elemental 
phosphorous at the Pocatello facility, are: (1) NOSAP Slurry, (2) 
Medusa Scrubber Blowdown, (3) Furnace Building Washdown, (4) 
Precipitator Slurry, and (5) Phossy Water. These wastes exhibit two 
characteristics of hazardous waste: reactivity due to the presence of 
cyanide and phosphine, and ignitability.
    The waste streams are generated in large quantities and pose unique 
handling, treatment, and disposal problems because of the presence of 
elemental phosphorous and cyanide. Each of these waste streams also 
contains varying levels of Naturally Occurring Radioactive Material, 
which most commercial Treatment, Storage, and Disposal Facilities are 
not permitted to manage.

[[Page 20658]]

II. Additional Information Submitted by FMC/Astaris Since the 
Notice of EPA's Proposed Decision

    The March 16, 2001 Federal Register notice of proposed decision on 
the FMC/Astaris CBC extension renewal was premised on the commitment 
made by FMC/Astaris (and EPA's agreement with this commitment) that 
FMC/Astaris would complete construction of their planned LDR Treatment 
Plant and begin its operation by May, 2002. A description of the LDR 
Treatment Plant (and the schedule for constructing it and bringing it 
on line) is in the Docket for the March 16, 2001 Federal Register 
notice.
    FMC/Astaris has informed EPA that they are now considering an 
entirely different technology, referred to as High Temperature Dust 
Filtration (HTDF), to address the generation of the five waste streams 
and possibly supplant the LDR Treatment Plant. EPA discussed this 
possibility in the Agency's March 16, 2001 Federal Register notice. 
FMC/Astaris states that this technology, if employed, would eliminate 
two of the five waste streams now generated and also cause a 
substantial change in the composition of the other three waste 
streams--such that the LDR Treatment Plant would no longer be necessary 
to treat these wastes. FMC/Astaris plans to make a final decision this 
month on which process or treatment option it will pursue.

A. Potential Use of High Temperature Dust Filtration (HTDF) Technology

    As described in the March 16, 2001 submittal of information, High 
Temperature Dust Filtration (HTDF) would be incorporated into the 
elemental phosphorus production process. Specifically, it would be 
located directly after the facility's electric arc furnaces, replacing 
a series of two electrostatic precipitators in the existing phosphorus 
recovery system.
    Replacing the existing phosphorus recovery system would eliminate 
two of the five waste streams, Precipitator Slurry and NOSAP Slurry. 
FMC/Astaris also claims that the HTDF technology would significantly 
reduce the volume and alter the composition of the other three waste 
streams (Phossy Water, Medusa Scrubber Blowdown, and Furnace Building 
Washdown).
    FMC/Astaris' March 16, 2001 information submittal is available for 
review in the RCRA Information Center. In this submittal, FMC/Astaris 
describes how employing the HTDF technology would allow them to meet 
each of the seven CBC demonstrations required in 40 CFR 268.5(a). It 
also describes in detail how this technology works.

B. Managing the Waste Streams Not Eliminated by the HTDF System

    As noted above, the HTDF system would not eliminate three of the 
five waste streams subject to the CBC extension renewal. FMC/Astaris 
sent EPA another package of information on March 29, 2001 that 
describes how, if the HTDF system is used, these remaining three waste 
streams would be managed using one or more of the following: pH 
adjustment followed by solids precipitation/clarification; reconfigured 
flow of these waste streams within the system; and recycling/reuse of 
the waste stream/clarified water. This submittal also describes why 
FMC/Astaris believes these waste streams would continue to necessitate 
the CBC extension renewal and how each of the seven demonstrations 
required under 40 CFR 268.5(a) are met. The March 29, 2001 information 
is available for review in the RCRA Information Center.

C. Effect of Energy Shortages on Production and Generated Wastes

    On March 30, 2001, FMC/Astaris sent us another letter stating that 
the current power shortages in the western United States will impact 
plant production, and thus reduce the generation of waste subject to 
the CBC extension. FMC/Astaris also states that despite the decrease in 
waste generation, construction of their LDR Treatment Plant is 
proceeding on schedule.

D. Responses to Questions Raised by EPA

    Our initial review of the additional information provided by FMC/
Astaris raised questions for which we sought clarification. 
Specifically, we had questions regarding their planned management of 
the waste streams not wholly eliminated by the HTDF system, one 
question about the effect of the HTDF system on the facility's air 
emissions, and one question regarding the cutback in plant production 
as a result of the current energy shortage. On April 10, 2001, FMC/
Astaris provided responses to each of these questions. Copies of their 
responses are included in the docket for this notice.

III. How Can I Influence EPA's Decisionmaking?

    We welcome your comments on the FMC/Astaris submission of 
additional information. Your comments will be most effective if you 
follow these suggestions:
     Explain your views clearly.
     Provide specific examples to illustrate your views.
     Offer specific alternatives.
     Submit your comments by the deadline in this notice.
     Include your name, date, and the docket number.

IV. What Happens After We Receive Your Comments?

    We will use your comments in making a decision about whether to 
approve or deny the FMC/Astaris request for a one-year CBC extension 
renewal, as discussed in the March 16 Federal Register Notice (see 66 
FR 15243). We plan to publish a final notice regarding the Agency's 
decision on this request prior to the May 26, 2001 expiration date of 
the existing CBC extension.

V. Comments Received To-Date

    The additional information provided by FMC/Astaris to EPA also has 
been provided to the Shoshone-Bannock Tribes, who are concerned about 
operations at the Pocatello facility. Because the Tribes were provided 
this information at the same time that it was submitted to EPA, we 
believe that a comment period of ten days is sufficient time for public 
review of the additional information. To date, only the Shoshone-
Bannock Tribes and FMC/Astaris have commented on the issues discussed 
in today's ``Notice''.

    Authority: Sections 1006, 2002(a), 3001, and 3004 of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912(a), 6921, and 
6924).

    Dated: April 17, 2001.
Michael H. Shapiro,
Acting Assistant Administrator for Solid Waste and Emergency Response.
[FR Doc. 01-10247 Filed 4-23-01; 8:45 am]
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