[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Proposed Rules]
[Pages 78761-78763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32551]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRL-7429-4]
RIN 2003-AA00


Regulatory Innovations: Pilot-Specific Rule for Electronic 
Materials in the EPA Region III Mid-Atlantic States; Hazardous Waste 
Management System; Modification of the Hazardous Waste Program; Cathode 
Ray Tubes

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: Many used cathode ray tubes (CRTs) are currently classified as 
characteristic hazardous wastes under RCRA. Such CRTs are therefore 
subject to the hazardous waste regulations of RCRA Subtitle C unless 
they come from a household or a conditionally exempt small quantity 
generator. Today EPA is proposing to conditionally exclude from its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA) used CRTs and glass removed from CRTs from the definition of 
``solid waste'' in the EPA Region III Mid-Atlantic States (which 
include the States of Delaware, Maryland, and West Virginia, the 
Commonwealths of Pennsylvania and Virginia, and the District of 
Columbia). Additionally, the preamble to this rule clarifies when used 
CRTs and other used electronic equipment become a ``solid waste.'' This 
rule will support an ongoing e-Cycling pilot project of EPA Region 
III's Mid-Atlantic States, which is promoting reuse and recycling of 
electronics. EPA believes that today's proposed rule will encourage 
increased recycling and better management of these materials in Region 
III states.
    EPA has proposed a similar, albeit broader, conditional exclusion 
for CRTs and certain other electronic materials that would be effective 
nationwide (June 12, 2002, FR 40508-40528). EPA is proposing this 
regional rule now because it believes that implementing the rule in the 
Region III states will produce information about the CRT conditional 
exclusion that will be useful to EPA as it assesses the appropriateness 
of adopting the RCRA exclusion nationally. EPA expects to withdraw the 
regional rule if and when a final national rule becomes effective.
    In the ``Rules and Regulations'' section of today's Federal 
Register, EPA is promulgating as a direct final rule the same amendment 
to RCRA's definition of solid waste that it is proposing here. EPA 
views this as a noncontroversial revision and anticipates no adverse 
comment. EPA has explained its reasons for this amendment in the 
preamble of the direct final rule. If we receive no adverse comment to 
the direct final rule, we will not take further action on this proposed 
rule. If we receive adverse comment on the direct final rule, we will 
withdraw the direct final rule and it 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 must do so at this time.

DATES: Written comments must be received by January 27, 2003.

ADDRESSES: Comments may be submitted by mail or electronically. 
Commenters must send an original and

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two copies of their comments referencing docket number III-02-OEI-01 
to: Marie Holman (3EI00), U.S. EPA Region III, Office of Environmental 
Innovation, 1650 Arch Street, Philadelphia, PA 19103-2029 or 
[email protected]. Further detailed instructions are provided in the 
Electronic Comment Submission section of the SUPPLEMENTARY INFORMATION 
section below.

FOR FURTHER INFORMATION CONTACT: For general information about the 
management of solid waste under RCRA, contact the RCRA/Superfund/EPCRA/
UST Hotline at (800) 424-9346 (toll free) or TDD (800) 553-7672 
(hearing impaired). For more detailed information on specific aspects 
of this rulemaking, contact Ms. Marie Holman by U.S. mail at U.S. EPA 
Region III (3EI00), 1650 Arch Street, Philadelphia, Pennsylvania, 
19103-2029, by telephoning 215-814-5463, or by electronic mail at: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Does This Proposed Rule Relate to the Direct Final Pilot-
Specific Rule for Electronic Materials in the EPA Region III Mid-
Atlantic States; Hazardous Waste Management System; Modification of the 
Hazardous Waste Program; Cathode Ray Tubes?

    EPA is publishing this as a proposed rule if adverse comments are 
filed to the direct final rule.
    In the ``Rules and Regulations'' section of the Federal Register, 
we are promulgating a direct final rule which will be effective 
February 24, 2003 without further notice unless we receive adverse 
comment by January 27, 2003. If EPA receives adverse comment, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule 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 must do so 
at this time.

B. How Can I Get Copies of Related Information?

1. Docket
    EPA has established an official public docket for this action under 
Docket ID No. III-02-OEI-01. The official public docket consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at the EPA Region III 
Library, 1650 Arch Street, Philadelphia, PA 19103. This Docket Facility 
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 Marie Holman at 215-814-5463. You may copy a 
maximum of 100 pages from any file maintained at the docket at no 
charge. Additional copies cost $0.15 per page.
2. Access to Information
    You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr/. You can also review some of the 
supporting documents for the national proposed rule (FR, June 12, 2002, 
Vol. 67, No. 113, P. 40508-40528) (which supports the regional rule), 
in electronic format on the Internet at URL: http:/www.epa.gov/epa/epaoswer/hazwaste/recycle/electron/crt.htm.
    You may view public comments and the supporting materials for the 
issues and memoranda discussed below at U.S. EPA Region III Library, 
1650 Arch Street, Philadelphia, PA 19103. The library 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 you make an 
appointment by calling Marie Holman at 215-814-5463.
    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 I.B.1.
    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 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.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically or by mail. 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. If you 
wish to submit CBI or information that is otherwise protected by 
statute, please follow the instructions in I.B.2 and I.D.
    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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. III-02-OEI-01. 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-

[[Page 78763]]

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.
    ii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified above in I.B. 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 an original and two copies of you comments 
referencing docket number III-02-OEI-01 to Marie Holman, Office of 
Environmental Innovation (3EI00), U.S. EPA, 1650 Arch Street, 
Philadelphia, PA 19103-2029.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
This information needs to be submitted under separate cover. Send 
information (original and two copies of CBI) identified as CBI only to 
the following address: Marie Holman, Office of Environmental Innovation 
(3EI00), U.S. EPA, 1650 Arch Street, Philadelphia, PA 19103-2029, 
Attention Docket ID No. III-02-OEI-01. You may claim information that 
you submit to EPA as CBI by marking any part or all of that information 
as CBI. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: December 19, 2002.
Christine T. Whitman,
Administrator, United States Environmental Protection Agency.
[FR Doc. 02-32551 Filed 12-24-02; 8:45 am]
BILLING CODE 6560-50-P