[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Proposed Rules]
[Pages 36849-36850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[FRL-7217-3]


Land Disposal Restrictions: Site-Specific Treatment Variance to 
Chemical Waste Management, Inc.

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The United States Environmental Protection Agency (EPA or 
Agency) is today proposing to grant a site-specific treatment variance 
from the Land Disposal Restrictions (LDR) treatment standards for two 
selenium-bearing hazardous wastes. EPA is proposing to grant this 
variance because: the chemical properties of these two wastes differ 
significantly from the waste used to establish the current LDR standard 
for selenium (5.7 mg/L, as measured by the TCLP); and Chemical Waste 
Management, Inc. (CWM) has adequately demonstrated that the two wastes 
cannot be treated to meet this treatment standard.
    CWM intends to stabilize the wastes at their Kettleman City, 
California facility. If this proposal is finalized, CWM may treat these 
two specific wastes to alternate treatment standards of 51 mg/L, as 
measured by the TCLP, for the Owens-Brockway waste and 25 mg/L, as 
measured by the TCLP, for the St. Gobain waste. After treatment to 
these alternative selenium standards, CWM may dispose of the treated 
wastes in a RCRA Subtitle C landfill provided they meet the applicable 
LDR treatment standards for the other hazardous constituents in the 
wastes. We are proposing to grant this variance for three years.
    In the ``Rules and Regulations'' section of the Federal Register, 
we are publishing a direct final rule that would grant this site-
specific treatment variance without prior proposal because we view this 
action as noncontroversial and we anticipate no significant adverse 
comment. We have explained our reasons for this approach in the 
preamble to the direct final rule. If we receive significant adverse 
comment on the direct final rule, however, we will withdraw the direct 
final action and the treatment variance will not take effect. We will 
address all public comments, as appropriate, based on this proposed 
rule. We will not institute a second comment period on this action. Any 
parties interested in commenting on this proposed variance must do so 
at this time.

[[Page 36850]]


DATES: Written comments must be received by June 27, 2002.

ADDRESSES: If you wish to comment on this proposed rule, you must send 
an original and two copies of the comments referencing Docket Number F-
2002-CWVP-FFFFF to: RCRA Information Center (RIC), Office of Solid 
Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA 
HQ), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 
20460; or, if using special delivery, such as overnight express 
service: RIC, Crystal Gateway One, 1235 Jefferson Davis Highway, First 
Floor, Arlington, VA 22202. You may also submit comments electronically 
following the directions in the SUPPLEMENTARY INFORMATION section 
below.
    You may view public comments and supporting materials in the RIC. 
The RIC is open from 9 am to 4 pm Monday through Friday, excluding 
Federal holidays. To review docket materials, we recommend that you 
make an appointment by calling 703-603-9230. You may copy up to 100 
pages from any regulatory document at no charge. Additional copies cost 
$ 0.15 per page. For information on accessing an electronic copy of the 
data base, see the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Call Center at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired). 
Callers within the Washington Metropolitan Area must dial 703-412-9810 
or TDD 703-412-3323 (hearing impaired). The RCRA Call Center is open 
Monday-Friday, 9 am to 4 pm, Eastern Standard Time. For more 
information on specific aspects of this proposed rule, contact Mr. Josh 
Lewis at 703-308-7877, [email protected], or write him at the Office 
of Solid Waste, 5302W, U.S. EPA, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW, Washington, DC 20460.

SUPPLEMENTARY INFORMATION: This document concerns a site-specific 
treatment variance from the Land Disposal Restrictions (LDR) treatment 
standards for two selenium-bearing hazardous wastes to be treated by 
Chemical Waste Management, Inc. For further information, please see the 
information provided in the direct final action that is located in the 
``Rules and Regulations'' section of this Federal Register publication.

Electronic Submittal of Comments

    You may submit comments electronically by sending electronic mail 
through the Internet to: [email protected]. You should 
identify comments in electronic format with the docket number F-2001-
CWVP-FFFFF. You must submit all electronic comments as an ASCII (text) 
file, avoiding the use of special characters or any type of encryption. 
The official record for this action will be kept in the paper form. 
Accordingly, we 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 RIC as described above. We may 
seek clarification of electronic comments that are garbled in 
transmission or during conversion to paper form. You should not 
electronically submit any confidential business information (CBI). You 
must submit an original and two copies of CBI under separate cover to: 
RCRA CBI Document Control Officer, Office of Solid Waste (5305W), U.S. 
EPA, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 
20460.
    If you do not submit comments electronically, we are 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 that you specify on the disk label the word 
processing software and version/edition as well as the commenter's 
name. This will allow us to convert the comments into one of the word 
processing formats used by the Agency. Please use mailing envelopes 
designed to protect the diskettes. We emphasize that submission of 
diskettes is not mandatory, nor will it result in any advantage or 
disadvantage to any commenter.

I. Description of Proposed Rule

    Today's notice proposes to continue for another three-year period a 
site-specific treatment variance for two selenium-bearing waste stream 
that will be treated by Chemical Waste Management, Inc. In the ``Rules 
and Regulations'' section of the Federal Register, we are issuing a 
direct final rule to grant this variance without prior proposal because 
we view this action as noncontroversial and anticipate no significant 
adverse comment. We have explained our reasons for this approach in the 
preamble to the direct final rule, and do not believe it necessary to 
repeat those discussions here. If we receive significant adverse 
comment on the direct final rule, we will withdraw the direct final 
action and the treatment variance will not take effect. We will address 
all public comments in a subsequent final rule based on this proposed 
rule. We will not institute a second comment period on this action. Any 
parties interested in commenting on this proposed rule must do so at 
this time. For further information, please see the ``Rules and 
Regulations'' section of today's Federal Register publication.

II. How Can I Influence EPA's Thinking on This Rule?

    In developing this rule, we tried to address the concerns of 
stakeholders. Your comments will help us improve this rule. We invite 
you to provide different views on options we propose, new approaches we 
have not considered, new data, how this rule may affect you, or other 
relevant information. We welcome your views on all aspects of this 
rule. Your comments will be most effective if you follow the 
suggestions below:
    [sbull] Explain your views as clearly as possible and why you feel 
that way.
    [sbull] Provide solid technical and cost data to support your 
views.
    [sbull] If you estimate potential costs, explain how you arrived at 
the estimate.
    [sbull] Tell us which parts you support, as well as those you 
disagree with.
    [sbull] Provide specific examples to illustrate your concerns.
    [sbull] Offer specific alternatives.
    [sbull] Refer your comments to specific sections of the proposal, 
such as the units or page numbers of the preamble, or the regulatory 
sections.
    [sbull] Make sure to submit your comments by the deadline in this 
notice.
    [sbull] Be sure to include the name, date, and docket number with 
your comments.

List of Subjects in 40 CFR Part 268

    Environmental protection, Hazardous waste, Reporting and 
recordkeeping requirements.

    Dated: May 13, 2002.
Michael H. Shapiro,
Deputy Assistant Administrator, Office of Solid Waste and Emergency 
Response.
[FR Doc. 02-13115 Filed 5-24-02; 8:45 am]
BILLING CODE 6560-50-P