[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Proposed Rules]
[Pages 6593-6595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2820]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[RCRA-2003-0025; FRL-7620-3]


Land Disposal Restrictions: Site-Specific Treatment Variances for 
Heritage Environmental Services LLC and Chemical Waste Management Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is today 
proposing to grant three site-specific treatment variances from the 
Land Disposal Restrictions (LDR) treatment standards for selenium-
bearing hazardous wastes from the glass manufacturing industry. EPA is 
proposing to grant these variances because the chemical properties of 
the wastes differ significantly from those of the waste used to 
establish the current LDR standard for selenium (5.7 mg/L, as measured 
by the Toxicity Characteristic Leaching Procedure (TCLP)), and the 
petitions have adequately demonstrated that the wastes cannot be 
treated to meet this treatment standard.
    In the ``Rules and Regulations'' section of the Federal Register, 
we are publishing a direct final rule that would grant these site-
specific treatment variances without prior proposal because we view 
these actions 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 a distinct amendment, however, we will withdraw the direct 
final action for that amendment and the amendment 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 on these proposed 
variances must do so at this time.

DATES: Written comments must be received by March 12, 2004.

ADDRESSES: Comments may be submitted by mail to: OSWER Docket, 
Environmental Protection Agency, Mailcode: 5305T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, Attention Docket ID No. RCRA-2003-
0025. Comments may also be submitted electronically, or through hand 
delivery/courier. Follow the detailed instructions as provided in the 
SUPPLEMENTARY INFORMATION section.

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 Juan Parra at (703) 308-0478 , send your e-mail to 
[email protected], or mail your inquiry to Office of Solid Waste (MC 
5302 W), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: 

I. General Information

    This document is proposing to grant three site-specific treatment 
variances from the Land Disposal Restrictions (LDR) treatment standards 
for selenium-bearing hazardous wastes from the glass manufacturing 
industry. These selenium wastes will be treated by Heritage 
Environmental Services LLC and Chemical Waste Management Inc. We have 
explained our reasons for these actions in the preamble to the direct 
final rule, and do not believe it necessary to repeat those discussions 
here. For further information, please see the direct final action that 
is located in the ``Rules and Regulations'' section of this Federal 
Register publication.

[[Page 6594]]

A. How Can I Get Copies of This Variance Proposal?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. RCRA-2003-0025. 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 OSWER Docket in the EPA Docket Center (EPA/DC), EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OSWER Docket is (202) 566-0272. The public may copy a maximum of 100 
pages from any regulatory docket at no charge. Additional copies cost 
$0.15/page.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/ and you can make comments on 
this proposed rule at the Federal e-rulemaking portal, http://www.regulations.gov.
    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.
    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. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic 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 Section I.A.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    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.

B. 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. If you wish to submit CBI or 
information that is otherwise protected by statute, please follow the 
instructions in Unit I.C. Do not use EPA Dockets or e-mail to submit 
CBI or information protected by statute.
    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. EPA Dockets. 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. 
Once in the system, select ``search,'' and then key in Docket ID No. 
RCRA-2003-0025. 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.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. RCRA-2003-0025. 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.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.A.1. 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 your comments to: OSWER Docket, Environmental 
Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW.,

[[Page 6595]]

Washington, DC, 20460, Attention Docket ID No. RCRA-2003-0025.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center Reading Room, EPA West, Room B102, 1301 Constitution Ave 
NW., Washington, DC., Attention Docket ID No. RCRA-2003-0025. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in Section I.A.1.

C. 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. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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.

II. Description of Proposed Amendments

    The United States Environmental Protection Agency (EPA or Agency) 
is today proposing to grant three site-specific treatment variances 
from the Land Disposal Restrictions (LDR) treatment standards for 
selenium-bearing hazardous wastes from the glass manufacturing 
industry.
    In its first action, EPA is proposing to grant a variance to 
Heritage Environmental Services LLC (Heritage) to stabilize a selenium-
bearing waste generated by Guardian Industries Corp. (Guardian) at 
their RCRA permitted facility in Indianapolis, Indiana. If this 
proposal is finalized, Heritage may treat the specific waste to an 
alternate selenium treatment standard of 39.4 mg/L, as measured by the 
TCLP, for the Guardian waste. Heritage may dispose of the treated 
wastes in a RCRA Subtitle C landfill, provided they meet the applicable 
LDR treatment standards for the other hazardous constituents in the 
waste.
    In its second and third actions, EPA is proposing to permanently 
establish two site-specific variances from Land Disposal Restrictions 
treatment standards for Chemical Waste Management Inc. (CWM), at their 
Kettleman Hills facility in Kettleman City, California, for two 
selenium bearing hazardous wastes. EPA previously granted variances to 
these wastes on a temporary basis on May 26, 1999 (64 FR 28387). On May 
28, 2002 (67 FR 36849), EPA renewed these variances for a consecutive 
three year term with the same condition to investigate treatment 
technologies and to report effectiveness of their ongoing treatment. 
These variances expire on May 28, 2005. In light of the information 
presented by CWM to the Agency and EPA's inability to find selenium 
recovery capability in the US, EPA is proposing to change the status of 
CWM variances from temporary to permanent. If this proposal is 
finalized, CWM will continue to be required to treat these two specific 
wastes to alternative selenium treatment standards of 51 mg/L, as 
measured by the TCLP, for the Owens-Brockway waste, and 25 mg/L, as 
measured by the TCLP, for the St. Gobain (formally Ball Foster) waste. 
CWM will continue to dispose of the treated wastes in a RCRA Subtitle C 
landfill provided they meet the applicable LDR treatment standards for 
the other hazardous constituents in the wastes.

List of Subjects in 40 CFR Part 268

    Environmental Protection, Hazardous waste, Variance.

    Dated: February 4, 2004.
Marianne Lamont Horinko,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 04-2820 Filed 2-10-04; 8:45 am]
BILLING CODE 6560-50-U