[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Rules and Regulations]
[Pages 76863-76864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28089]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[RCRA-2004-0009; FRL-7854-2]


Land Disposal Restrictions: Site-Specific Treatment Standard 
Variance for Selenium Waste for Chemical Waste Management, Chemical 
Services, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: On November 19, 2004, the Environmental Protection Agency 
published a direct final rule to grant a

[[Page 76864]]

site-specific treatment standard variance from the Land Disposal 
Restrictions (LDR) treatment standards to Chemical Waste Management, 
Chemical Services LLC (CWM) in Model City, New York. EPA also published 
an accompanying proposed rule to supplant this rule in the event EPA 
received any adverse comment on the direct final rule. This variance is 
for a selenium-bearing hazardous waste generated by Guardian Industries 
Corp. (Guardian), a glass manufacturing company. EPA has received a 
comment on this treatment variance that it deems adverse, and is 
withdrawing the direct final rule. Therefore, this site-specific 
treatment standard variance will not take effect on January 3, 2005 and 
CWM cannot treat the Guardian waste under a treatment standard 
variance. EPA will review and address all the comments received on this 
variance and will decide what action to take in a future Federal 
Register document. We will not institute a second comment period on 
this action.

FOR FURTHER INFORMATION CONTACT: For general information, 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 Juan Parra at (703) 308-0478 or 
[email protected], Office of Solid Waste (MC 5302 W), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., Washington, DC 
20460.

SUPPLEMENTARY INFORMATION: On November 19, 2004, EPA published a direct 
final rule (69 FR 67647) and a notice of proposed rulemaking (69 FR 
67695) promulgating and proposing, respectively, amendments to grant a 
site-specific treatment standard variance from the Land Disposal 
Restrictions (LDR) treatment standards for a selenium-bearing hazardous 
waste to Chemical Waste Management, Chemical Services LLC. EPA 
indicated that it was promulgating this site-specific treatment 
variance as a direct final rule because it believed this action to be 
non-controversial. However, the Agency further stated that if it 
received any adverse comments by December 20, 2004 on the direct final 
rule, it would publish a timely withdrawal of the direct final rule in 
the Federal Register, and address the adverse comments and determine 
what action to take in a future Federal Register document.

List of Subjects in 40 CFR Part 268

    Environmental Protection, Hazardous waste, Reporting and 
recordkeeping requirements.

    Dated: December 16, 2004.
Thomas P. Dunne,
Assistant Administrator, Office of Solid Waste and Emergency Response.

0
Accordingly, the revision to 40 CFR 268.44 published in the Federal 
Register on November 19, 2004 (69 FR 67695), which was to become 
effective on January 3, 2005, is withdrawn.

[FR Doc. 04-28089 Filed 12-22-04; 8:45 am]
BILLING CODE 6560-50-P