[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Proposed Rules]
[Pages 39927-39928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14631]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260 and 261

[FRL-7228-8]
RIN 2050-AE78


Extension of Comment Period for Proposed Regulation of Oil-
Bearing Secondary Materials From the Petroleum Refining Industry and 
Other Hazardous Secondary Materials Processed in a Gasification Device 
To Produce Synthesis Gas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending by an 
additional 75 days the comment period on its proposed rule (March 25, 
2002 at 67 FR 13684) for revising the RCRA hazardous waste program to 
allow a conditional exclusion from the definition of solid waste. This 
conditional exclusion would be for hazardous oil-bearing secondary 
materials generated by the petroleum refining industry when processed 
in a gasification device manufacturing

[[Page 39928]]

synthesis gas fuel and other non-fuel chemical by-products. The 
proposal also solicits comment on a broader conditional exclusion to 
other hazardous secondary materials generated by industries other than 
the petroleum refining industry. The comment period is being extended 
to provide the public with additional time to evaluate and comment on 
both aspects of the proposed rule. As extended by this action, the 
comment period will now close on September 10, 2002.

DATES: EPA will accept public comment on this proposed rule until 
September 10, 2002. Comments postmarked after the close of the comment 
period will be stamped ``late'' and may or may not be considered by the 
Agency.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-2002-RPRP-FFFFF to: (1) If using 
regular postal mail: RCRA Docket Information Center, Office of Solid 
Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA-
HQ), 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002; (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; or (3) If using the Internet 
to: [email protected]. All electronic comments must be submitted as 
an ASCII (text) file avoiding the use of special characters and any 
form of encryption. If possible, EPA's Office of Solid Waste (OSW) 
would also like to receive an additional copy of the comments on disk 
in WordPerfect 6.1 file format.
    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 (5303W), U.S. EPA, 1200 Pennsylvania Avenue, NW, 
Washington, DC 20460-0002.
    The official record (i.e., public docket) for the proposed 
rulemaking is F-2002-RPRP-FFFFF. In addition to this official record, 
two additional dockets have material supporting this proposal. They 
are: F-98-PR2A-FFFFF and F-98-RCSF-FFFFF.
    Public comments and supporting materials are available for viewing 
in the RCRA Docket 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 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.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at 1-800-424-9346 or TDD 1-800-553-7672 (hearing 
impaired). In the Washington, DC, metropolitan area, call 703-412-9810 
or TDD 703-412-3323. The RCRA Hotline is open Monday-Friday, 9 am to 6 
pm, Eastern Standard Time. For more detailed information on specific 
aspects of this proposed rulemaking, contact Elaine Eby at 703-308-8449 
or [email protected], or write her at the Office of Solid Waste, 
5302W, U.S. Environmental Protection Agency Headquarters (EPA, HQ) 
(5302W), 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002.

SUPPLEMENTARY INFORMATION: On March 25, 2002 (67 FR 13684), EPA 
proposed a conditional exclusion from the definition of solid waste. As 
noted in the proposal, the exclusion would apply to hazardous oil-
bearing secondary materials (i.e., sludges, by-products, or spent 
materials) generated by the petroleum refining industry (Standard 
Industrial Classification (SIC) 2911), when processed, either on-site 
or off-site, in a gasification system to produce synthesis gas fuel and 
other non-fuel chemical by-products. As proposed, the exclusion is 
subject to a set of conditions that specify the following: (1) The 
system meets the definition of a gasification system; (2) the system 
generates a synthesis gas fuel that meets the specification of exempted 
synthesis gas; (3) the materials generated by the gasification system 
must not be placed on the land if they exceed the nonwastewater 
Universal Treatment Standards (UTS) for chromium, lead, nickel, 
vanadium, arsenic, and antimony (found at 40 CFR 268.48); and (4) the 
excluded materials must not be placed on the land or speculatively 
accumulated prior to insertion into the gasification system.
    The proposal also solicits comment on an option to broaden the 
conditional exclusion to other generated hazardous secondary materials 
under an expanded set of conditions. These conditions include: (1) Each 
hazardous secondary material processed in the system contains greater 
than 20% by weight total organic carbon; (2) the gasification system 
does not process any hazardous waste which exhibits the characteristic 
of mercury and any hazardous waste for which mercury is a basis for 
listing under 40 CFR part 261, Appendix VII as hazardous secondary 
material; (3) the system meets the definition of a gasification system; 
(4) the system generates a synthesis gas fuel that meets the 
specification of exempted synthesis gas; (5) the materials generated by 
the gasification system are not placed on the land if they exceed the 
nonwastewater UTS for antimony, arsenic, barium, beryllium, cadmium, 
chromium (total), cyanides (total), cyanides (amenable), lead, mercury, 
nickel, selenium, silver, thallium, and vanadium; and (6) the excluded 
materials are not placed on the land or speculatively accumulated prior 
to insertion into the gasification system.
    While the Agency has requested comment on all aspects of the 
proposal, we specifically solicit comment, information, and data on: 
(1) The performance of gasification on other hazardous secondary 
material (that are currently hazardous waste) known to contain 
concentrations of metals; (2) the performance of gasification on 
certain hazardous secondary materials that contain certain high 
concentration of non-contributing components (namely metals or 
halides); (3) potential partitioning of metals to the product synthesis 
gas fuel and their subsequent release during the combustion of the 
synthesis gas in turbines to produce power: (4) criteria for and the 
types of hazardous secondary materials that could be processed in a 
gasification system; (5) specific design and operating conditions for 
all components of the gasification system; (6) the market for building 
and operating gasification systems in the future; (7) the market for 
synthesis gas and other gasification products; and (8) appropriate 
documentation (reporting and record keeping) for those claiming this 
exclusion.
    The Agency is extending the comment period by 75 days to 
accommodate requests by several parties for additional time to prepare 
relevant comments and to gather operating and emissions data on 
gasification systems permitted in Europe and Japan.

    Dated: May 30, 2002.
Elizabeth A. Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 02-14631 Filed 6-10-02; 8:45 am]
BILLING CODE 6560-50-P