[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Proposed Rules]
[Page 62626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25415]



  Federal Register / Vol. 67, No. 194 / Monday, October 7, 2002 / 
Proposed Rules  

[[Page 62626]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 268 and 271

[FRL-7390-8; Docket Number: RCRA-2002-0027]
RIN 2050-AE99


Land Disposal Restrictions: National Treatment Variance to 
Designate New Treatment Subcategories for Radioactively Contaminated 
Cadmium-, Mercury-, and Silver-Containing Batteries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to take direct final action to grant a 
national treatability variance from the Land Disposal Restrictions 
(LDR) treatment standards for radioactively contaminated cadmium-, 
mercury-, and silver-containing batteries by designating new treatment 
subcategories for these wastes in response to a rulemaking petition 
from the Department of Energy. The current treatment standards of 
thermal recovery for cadmium batteries and of roasting and retorting 
for mercury batteries are technically inappropriate because any 
recovered metals would likely contain residual radioactive 
contamination and not be usable. The current numerical treatment 
standard for silver batteries is also inappropriate because of the 
potential increase in radiation exposure to workers associated with 
manually segregating silver-containing batteries for the purpose of 
treatment. Macroencapsulation in accordance with the provisions for 
treatment standards for hazardous debris is proposed as the required 
treatment prior to land disposal.
    In the ``Rules and Regulations'' section of the Federal Register, 
we are publishing a direct final rule that would designate a new 
treatment subcategory for radioactively contaminated cadmium, mercury, 
and silver-containing batteries 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 
not institute a second comment period on this action. Any parties 
interested in commenting on this proposed variance must do so at this 
time.

DATES: To make sure EPA considers your comments or suggested revisions 
to this proposal, they must be postmarked on or before November 6, 
2002.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand/delivery/courier. You must send an original and two copies 
of the comments referencing Docket Number RCRA-2002-0027 to: EPA Docket 
Center (EPA/DC), B102, EPA West, 1301 Constitution Ave. NW, Washington, 
DC 20460-0002.

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 a.m. to 4 p.m., Eastern Standard Time. For more 
information on specific aspects of this proposed/direct final rule, 
contact Mr. John Austin at 703-308-0436, [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 Land Disposal 
Restrictions: National Treatment Variance to Designate New Treatment 
Subcategories for Radioactively Contaminated Cadmium-, Mercury-, and 
Silver-Containing Batteries. 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.

List of Subjects

40 CFR Part 268

    Environmental protection, Hazardous waste, Reporting and 
recordkeeping requirements.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous material transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Dated: September 30, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-25415 Filed 10-4-02; 8:45 am]
BILLING CODE 6560-50-P