[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Proposed Rules]
[Pages 2276-2277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-957]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63, 258, 260, 261, 264, 265, 266, 270, 271, and 279

[FRL-7439-9]
RIN 2050--AE41


Waste Management System; Testing and Monitoring Activities; 
Reopening of Comment Period for the Proposed Methods Innovation Rule 
(MIR)

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending by an 
additional 60 days the comment period on its proposed rule (October 30, 
2002 at 67 FR 66251) titled Methods Innovation Rule (MIR) and Notice of 
Data Availability that announced the availability of the new RCRA Waste 
Sampling Draft Technical Guidance. The original comment period 
announced in the proposal and notice was scheduled to end on December 
30, 2002. Today's notice further extends the comment period on the 
proposed Methods Innovation Rule and RCRA Waste Draft Technical 
Guidance until February 28, 2003.

DATES: Written comments on the proposed MIR, or RCRA Waste Sampling 
Draft Technical Guidance must be submitted on or before February 28, 
2003. 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 to: EPA Docket Center (EPA/DC), 
Office of Solid Waste (5305T), U.S. Environmental Protection Agency 
Headquarters (EPA, HQ), Ariel Rios Building, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460. Comments may also be submitted 
electronically to: [email protected]. Comments in electronic format 
should also be identified by the docket number Docket ID No. RCRA-2002-
0025. All electronic comments must be submitted as an ASCII file 
avoiding the use of special characters and any form of encryption.

[[Page 2277]]

    You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr/. You may view and download from the 
Internet the proposed rule and selected support materials at http://www.epa.gov/epaoswer/hazwaste/test/sw846.htm. Update IIIB of SW-846 can 
also be accessed on-line at http://epa.gov/epaoswer/hazwaste/test/up3b.htm.
    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. You may also view and download docket 
information from the Internet at: http://www.epa.gov/SW-846.
    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.
    Commenters should not submit electronically any confidential 
business information (CBI). An original and two copies of CBI must be 
submitted under separate cover to: Regina Magbie, RCRA CBI Document 
Control Officer, EPA Office of Solid Waste, 2800 Crystal Drive, 7th 
Floor , Cube 16, Washington, DC 22202. Public comments and supporting 
materials are available for viewing in the EPA Docket Center, located 
at 1301 Constitution Ave, NW Room B102, Washington, DC 20460. The RIC 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
federal holidays. To review docket materials, it is recommended that 
the public make an appointment by calling (202) 566-0270. The public 
may copy a maximum of 266 pages from any regulatory document at no 
cost. Additional copies over 266 pages will cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing 
impaired). In the Washington, DC, metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323. For more detailed information on specific 
aspects of this rulemaking, contact Kim Kirkland (5307W), Office of 
Solid Waste, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave, SW., Washington, DC 20460, (703) 308-8885, [email protected].

SUPPLEMENTARY INFORMATION: On October 30, 2002 (67 FR 210), EPA 
proposed to amend a variety of testing and monitoring requirements 
throughout the Resource Conservation and Recovery Act (RCRA) 
regulations. As noted in the proposal, the Agency wants to allow more 
flexibility when conducting RCRA-related sampling and analysis, by 
removing unnecessary required uses of methods found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' also known as 
``SW-846,'' and only retaining the requirement to use SW-846 methods 
when the method is the only one capable of measuring a particular 
property (i.e., it is used to measure a required method-defined 
parameter). This is an important step towards a performance-based 
measurement system (PBMS), as part of the Agency's efforts towards 
Innovating for Better Environmental Results. In addition, we proposed 
to: Withdraw the reactivity method guidelines from SW-846 Chapter 
Seven; amend the ignitability and corrosivity hazardous waste 
characteristic regulations by clarifying the use of certain methods; 
incorporate by reference Update IIIB to SW-846; add Method 25A for 
analyses conducted in support of certain RCRA air emission standards; 
and remove a confidence limit requirement for certain feedstream 
analyses conducted under the National Emission Standards for Hazardous 
Air Pollutants (NESHAP). Simultaneously, the Agency also announced the 
availability of a new guidance document for public comment entitled 
``RCRA Waste Sampling Draft Technical Guidance.'' The Agency believes 
the new guidance when used should make it easier and more cost 
effective to comply with affected regulations, without compromising 
human health or environmental protection. By extending the comment 
period to February 28, 2003, we are accommodating a request by several 
parties for additional time to prepare extensive relevant comments.

    Dated: January 8, 2003.
Robert Springer,
Director of the Office of Solid Waste and Emergency Response.
[FR Doc. 03-957 Filed 1-15-03; 8:45 am]
BILLING CODE 6560-50-P