[Federal Register Volume 68, Number 248 (Monday, December 29, 2003)]
[Proposed Rules]
[Pages 74907-74908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31868]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260 and 261

[RCRA--2002-0031; FRL-7602-9]
RIN 2050-AE98


Proposed Revisions to the Definition of Solid Waste--Extension of 
Comment Period

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is extending 
the comment period for the proposed rule entitled ``Revisions to the 
Definition of Solid Waste,'' which appeared in the Federal Register on 
October 28, 2003 (68 FR 61558). The public comment period for this 
proposed rule was to end on January 26, 2004. The purpose of this 
notice is to extend the comment period to end on February 25, 2004.

DATES: EPA will accept public comments on this proposed regulation 
until February 25, 2004. Comments submitted after this date will be 
marked ``late'' and may not be considered.

ADDRESSES: Comments may be submitted by mail to: OSWER Docket, 
Environmental Protection Agency, Mailcode: 5305T, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Attention Docket ID No. RCRA-2002-
0031. Comments may also be submitted electronically, or through hand 
delivery/courier; follow the detailed instructions as provided below in 
the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For general information on the 
proposed regulation, contact the RCRA Call Center 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 
Dave Fagan at (703) 308-0603 ([email protected]), or Ingrid 
Rosencrantz at (703) 605-0709 ([email protected]).

SUPPLEMENTARY INFORMATION: The proposed rule that is the subject of 
this notice, and which was published in the Federal Register on October 
28, 2003, would revise the definition of solid waste under the Resource 
Conservation and Recovery Act (RCRA), by identifying certain recyclable 
hazardous secondary materials as not ``discarded,''

[[Page 74908]]

and thus not subject to regulation as wastes under Subtitle C of RCRA. 
The proposed rule would also establish specific regulatory criteria for 
determining whether or not hazardous secondary materials are recycled 
legitimately.
    The comment period for the proposed rule was scheduled to end on 
January 26, 2004. However, a public commenter (the National Paint and 
Coatings Association) has requested that EPA extend the comment period 
by 30 days, noting that it (and other organizations) is working to 
respond to several other important EPA rulemaking proposals whose 
comment periods overlap with that of this proposal. This commenter also 
noted that the comment period for this proposed rule extends over the 
holiday season, which additionally impacts their ability to fully 
review the proposal and formulate a comprehensive set of comments.
    EPA believes this request is reasonable. EPA also notes that this 
rule is not subject to any statutory or judicial deadlines. We are 
therefore extending the comment period for this proposal until February 
25, 2004.

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.
    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/edocket, and follow the 
online instructions for submitting comments. To access EPA's electronic 
public docket from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select 
``search,'' and then key in Docket ID No. RCRA-2002-0031. 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-2002-0031. 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 identified in the following paragraph. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.
    By Hand Delivery or Courier. Deliver your comments to: OSWER 
Docket, EPA West Building, Room B102, 1301 Constitution Avenue, NW., 
Washington, DC., Attention Docket ID No. RCRA-2002-0031. Such 
deliveries are only accepted during the Docket's normal hours of 
operation (8:30 a.m. to 4:30 p.m. Monday through Friday, excluding 
legal holidays).

    Dated: December 16, 2003.
Matt Hale,
Acting Director, Office of Solid Waste.
[FR Doc. 03-31868 Filed 12-24-03; 8:45 am]
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