[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Rules and Regulations]
[Pages 43939-43940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19005]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRL-7535-9]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Withdrawal of Final Exclusion

AGENCY: Environmental Protection Agency.

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because the United States Environmental Protection Agency 
(EPA) received adverse comment, we are withdrawing the direct final 
rule for Identification and Listing of Hazardous Waste; Final 
Exclusion, delisting petition from Bekeart Steel, Dyersburg, Tennessee. 
We published the direct final rule on June 2, 2003, (68 FR 32645-
32656). We stated in that direct final rule that if we received adverse 
comment by July 17, 2003, we would publish a timely withdrawal in the 
Federal Register. We subsequently received adverse comment on that 
direct final rule. EPA is withdrawing the direct final rule on the 
delisting petition submitted by Bekaert Steel, Inc, for the Dyersburg, 
Tennessee facility.

DATES: The direct final rule published at 68 FR 32645, June 2, 2003, is 
withdrawn as of July 25, 2003.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this withdrawal of direct final rule, please contact Ms. Jewell Grubbs, 
Chief, RCRA Enforcement and Compliance Branch, (Mail Code 4WD-RCRA), 
U.S. Environmental Protection Agency, Region 4, Sam Nunn Atlanta 
Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 
562-8568, or call, toll free, (800) 241-1754, and leave a message, with 
your name and phone number, for Ms. Jewell Grubbs to return your call. 
Questions may also be e-mailed to Ms. Jewell Grubbs at 
[email protected].

SUPPLEMENTARY INFORMATION: EPA published a Direct Final Rule on June 2, 
2003, granting the delisting petition submitted by Bekaert Steel, Inc. 
(Bekaert) for an F006 waste water treatment sludge from electroplating 
operations, where Bekaert manufactured copper plated steel cord for the 
automobile tire industry. The rule would have become effective on 
August 1, 2003, without further notice, unless EPA received adverse 
comment by July 17, 2003. The direct final rule 45-day public comment 
period explained that if we received adverse comments, we would 
withdraw the relevant direct final action.
    We received adverse comment and are therefore withdrawing the 
direct final rule approving Bekaert's delisting petition. Commentors 
argued that EPA could not issue a delisting petition based on another 
identical facility's data, and that the regulations specifically 
require the delisting to be based on site specific information. 
Therefore, for the petition to be complete Bekaert should submit at a 
minimum, three additional data points from the Dyersburg, Tennessee 
facility to support the initial delisting petition. The three 
additional data points must be collected in compliance with 40 CFR 
260.22, and be sufficient to demonstrate the temporal and spatial 
variability of the petitioned waste. EPA shall review the data 
submitted and shall publish a proposed rule to provide public notice

[[Page 43940]]

on EPA's proposed decision and collect comments on the proposed 
decision.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: July 18, 2003.
Jewell Harper,
Acting Director, Waste Management Division.
[FR Doc. 03-19005 Filed 7-24-03; 8:45 am]
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