[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Notices]
[Pages 48648-48650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18870]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7251-2]


Additional Data Available on Wastes Studied in the Report to 
Congress on Cement Kiln Dust

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA) and request for comments.

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SUMMARY: This notice announces the availability for public inspection 
and comment, of recently acquired data on cement kiln dust (CKD) 
studied in the Agency's December 1993 Report to Congress on Cement Kiln 
Dust (see 59 FR 709, 1/6/94). The Agency is now considering an approach 
whereby it would finalize the proposed option of issuing the protective 
CKD management standards as described in the August 20, 1999 proposal 
(64 CFR 45632) , as a RCRA Subtitle D rule. The Agency would 
temporarily suspend its active consideration of the proposed listing of 
mismanaged CKD as a hazardous waste, and assess how CKD management 
practices and state regulatory programs evolve over the next three to 
five years. Based on this assessment, EPA will then proceed to either 
formally withdraw or promulgate the portion of the 1999 proposal that 
classifies as a RCRA hazardous waste CKD that has been egregiously 
mismanaged.

DATES: Submit comments on or before September 23, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA/Superfund Hotline at (800) 424-9346 or (202) 260-3000; for 
technical information contact Anthony Carrell (5306W), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, [email protected], (703) 308-0458.

SUPPLEMENTARY INFORMATION:

I. General Information

    EPA has established an official public docket for this action under 
Docket ID No. RCRA-1999-0011. The official public docket is the 
collection of materials that is available for public viewing at the 
RCRA Information Center (RIC), 1235 Jefferson Davis Hwy, 1st Floor, 
Arlington, VA 22201. This Information Center is open from 9 a.m.-4 
p.m., Monday through Friday, excluding legal holidays. The Center 
telephone number is (703) 603-9230.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the docket 
facility identified in Unit I.3.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/

[[Page 48649]]

edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in Docket ID No. 
RCRA-1999-0011. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    Comments may be sent by electronic mail (e-mail) to [[email protected]], Attention Docket ID No. RCRA-1999-0011. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    You may submit comments on a disk or CD ROM that you mail to the 
mailing address already identified. These electronic submissions will 
be accepted in WordPerfect or ASCII file format. Avoid the use of 
special characters and any form of encryption.
    2. By Mail. Send your comments to: Environmental Protection Agency, 
Mailcode: 5305-G, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, 
Attention Docket ID No. RCRA-1999-0011.
    3. By Hand Delivery or Courier. Deliver your comments to: RCRA 
Information Center (RIC), 1235 Jefferson Davis Hwy, 1st Floor, 
Arlington, VA 22201, Attention Docket ID No. RCRA-1999-0011. Such 
deliveries are only accepted during the Center's normal hours of 
operation as identified above.
    Background: On February 7, 1995, EPA issued the Regulatory 
Determination required by section 3001(b)(3)(C) of RCRA, finding that 
additional control of CKD was warranted (60 FR 7366). Specifically, the 
Agency stated that its concerns about the potential harm to human 
health and the environment posed by some CKD suggest the need for some 
level of regulation under RCRA Subtitle C authority. The Agency also 
decided to evaluate the need for additional controls for off-site use 
of CKD as use as a substitute for lime on agricultural fields.
    On August 20, 1999, EPA issued a proposed rule (64 FR 45632) 
outlining the Agency's preferred regulatory approach; i.e., an 
exemption from hazardous waste listing for properly managed CKD, and 
several optional approaches including requirements solely under RCRA 
Subtitle D. Under the preferred approach, CKD would remain a non-
hazardous waste provided the following management standards are met. 
First, for ground water protection, the Agency proposed management 
standards which require a landfill to be designed to control releases 
of toxic metals to ground water. EPA also proposed that ground water 
monitoring be required for all new and existing CKD management units to 
detect the presence of regulated constituents in the ground water. The 
Agency also proposed that within 90 days of finding that any of the 
part 261 inorganic constituents have been detected at a statistically 
significant level exceeding the groundwater protection standards as 
defined under Sec. 259.45(h), the persons managing the CKD waste must 
initiate an assessment of corrective measures. The ground water 
monitoring and corrective action requirements proposed are based on 
requirements promulgated under part 258 for municipal solid waste 
landfills and hazardous waste regulations under part 264-subpart F for 
Solid Waste Management Units. Second, to control releases of fugitive 
dust, the proposed management standards would require persons managing 
CKD waste to cover or otherwise manage the landfill, CKD handling 
areas, and CKD storage areas to control wind dispersal of fugitive CKD. 
Third, EPA proposed concentration limitations on various pollutants in 
CKD used for agricultural purposes. Finally, the Agency proposed a 
hazardous waste listing and tailored standards for CKD where there are 
egregious or repeated violations of the management standards described 
above.
    EPA also took comment on an approach that would promulgate the same 
protective management standards described above solely as RCRA Subtitle 
D requirements, relying on authority in RCRA section 4004(a). Under 
this approach the standards would be enforceable by the public through 
citizen suits. EPA would additionally encourage States to adopt 
standards developed under Subtitle D as enforceable standards under 
State law, but the Agency could not compel them to do so. Such 
standards would not be directly enforceable by EPA under the 
enforcement authorities of sections 3007 and 3008. However, EPA could 
take enforcement action under section 7003, upon a finding of imminent 
and substantial endangerment. In addition, the Agency requested comment 
on several other approaches. See 64 FR 45632 for a discussion of these 
other approaches.
    The Agency received a total of 52 comments; two from the 
Association of State and Territorial Solid Waste Management Officials, 
11 from states, two from the American Portland Cement Alliance, 23 from 
cement plants, six from other related industry commenters, five from 
CKD reusers or recyclers and three from geotechnical engineering 
companies or consultants. No written comments were submitted by 
citizens groups, environmental community groups or the general public. 
All comments are on file in the Docket to this NODA and may be 
reviewed; see the ADDRESSES section below. In addition, a summary of 
public comments document is available on the internet at www.epa.gov/epaoswer/other/ckd/index.htm.
    New Data: On May 11, 2001, the American Portland Cement Alliance 
(APCA) submitted a rulemaking petition to EPA pursuant to 7004(a) of 
the RCRA requesting that the Agency (1) withdraw the regulations EPA 
proposed in 1999 relating to CKD and (2) reverse the 1995 regulatory 
determination for CKD. EPA met with APCA on July 6, 2001 to discuss the 
petition. APCA indicates that a decrease in waste CKD, an increase in 
groundwater monitoring, improved CKD management practices, improved 
fugitive dust controls and improvements in State programs obviate the 
need for federal CKD waste management regulations. APCA suggests that 
State programs have improved and provided regulatory language from six 
States illustrating they no longer allow placement of waste in old 
quarries down into the groundwater. APCA also contends that the amount 
of CKD disposed by the most significant disposers of the dust has been 
reduced by over 22 percent since 1990, while during the same period 
clinker production among these same plants has increased by almost 22 
percent. APCA provided groundwater monitoring data for 18 CKD disposal 
facilities from a collection of information on 35 plants that together 
accounted for approximately 95 percent of the CKD landfilled in the 
United States in 2000.
    Applicable State groundwater contaminant limits for these 18 
facilities were also provided. APCA points out that 20 of the 35 plants 
(57%) monitor ground water, 34 (97%) practice landfill dust control 
techniques, 30 (86%) CKD employ compaction techniques, 32 (91%) 
practice road-dust control and 27 (77%) have water runoff controls. 
APCA's rulemaking petition and a summary of the July 6, 2001 meeting 
are on file in the Docket to this NODA. For access to these materials, 
see the ADDRESSES section below.
    APCA also provided summary reports of groundwater monitoring data 
dated

[[Page 48650]]

October 2001 for 18 CKD disposal facilities operated by nine cement 
manufacturing companies in 10 States. EPA assessed these data for 
exceedances of groundwater maximum contaminant levels or health-based 
numbers. APCA's summary reports of groundwater monitoring data and 
EPA's analysis of the data are in the Docket to this NODA.

ADDRESSES: Supporting materials and comments on the 1999 proposed rule 
are available for viewing in the RCRA Information Center (RIC), located 
at Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, 
Arlington, VA. The Docket Identification Number is RCRA-1999-0011. 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.
    Comment Period: The Agency is soliciting comments only on the new 
data provided by APCA regarding reduced disposal, more extensive 
groundwater monitoring, increased fugitive dust controls, and improved 
CKD management and state programs. EPA is not reopening the comment 
period on the Report to Congress on Cement Kiln Dust or the 1999 
proposed rule. Public comments on the new APCA data will be accepted 
through September 23, 2002.
    Comment Submissions: Those persons, companies or organizations 
intending to submit comments for the record must send an original and 
two copies to the following address: RCRA Docket Information Center 
(5305), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, 
NW, Washington, DC, 20460. Please place the docket number RCRA-1999-
0011 on your comments.
    Additional Information: As noted above, the 1999 proposal sought 
comment on a number of regulatory options for addressing the hazards 
associated with managing CKD. Among the options discussed, was the 
adoption of the management standards described in the proposed rule 
language (64 FR 45632) solely as RCRA Subtitle D requirements. As also 
noted above, we received numerous comments on the 1999 proposal from 
industry and States. The Agency has reviewed all comments on the 
proposed rule, including comments directed to the Subtitle D option. 
Based on our review of the comments, the Agency recognizes that even 
though detection of contaminants from CKD in groundwater, and fugitive 
dust emissions from CKD management units continue, improvements are 
occurring in cement manufacturing technology and processes that are 
resulting in an increase in CKD recycling back into the manufacturing 
process which translates to a decrease in waste CKD. We also recognize 
that there has been an increase in groundwater monitoring at CKD 
management units. We further recognize that additional States have 
regulatory programs that address CKD management and a number of other 
States are willing to develop or refine regulatory programs, but are 
reluctant to do so pending EPA's decision on the 1999 proposal.
    In light of these developments, the Agency is now considering an 
approach whereby it would finalize the proposed option of issuing the 
CKD management standards as described in the August 20, 1999 proposal 
(64 CFR 45632) , as a RCRA Subtitle D rule and would temporarily 
suspend its active consideration of the proposed mismanagement-based 
listing (but would not formally withdraw the proposed rule) for a 
period of three to five years. During this time, EPA would collect data 
to evaluate the effectiveness of CKD management practices and States' 
regulatory programs. This approach would create a federal baseline that 
states could use to develop appropriate regulatory programs and allow 
adequate time for implementation of more protective CKD management 
standards. If after its evaluation the Agency deems CKD management 
practices and State regulatory programs to be effective in protecting 
human health and the environment, the Agency would formally withdraw 
the Subtitle C portion of the 1999 proposal and would revisit the 1995 
CKD regulatory determination. On the other hand, if the Agency deems 
CKD management practices and State regulatory programs to be 
ineffective after this period, the Agency would pursue regulation of 
mismanaged CKD under RCRA Subtitle C, as described in the 1999 
proposal.
    Additionally, the Agency has determined that additional risk 
analyses for CKD used as an agricultural soil amendment substitute is 
warranted. The Agency will perform these analyses and report the 
results in a subsequent NODA. If additional controls are needed for CKD 
used as an agricultural soil amendment substitute, the Agency will 
issue agricultural use requirements.

    Dated: July 16, 2002.
Elizabeth Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 02-18870 Filed 7-24-02; 8:45 am]
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