[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Proposed Rules]
[Pages 29117-29118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7653]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 278

[EPA-HQ-RCRA-2006-0097; FRL-8171-9]
RIN 2050-AG27


Criteria for the Safe and Environmentally Protective Use of 
Granular Mine Tailings Known as ``Chat''; Reopening the Comment Period

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is reopening the 
comment period for the proposed rule entitled ``Criteria for the Safe 
and Environmentally Protective Use of Granular Mine Tailings Known as 
`Chat'.'' This proposal was published on April 4, 2006 (71 FR 16729), 
and the comment period ended on May 4, 2006. However, because a 
commenter has requested additional time to respond to the issues raised 
in the proposal, we are reopening the comment period to allow for an 
additional 30 day comment period.

DATES: Comments may now be submitted until June 19, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2006-0097, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-0272.
     Mail: send comments to RCRA Docket, (5305T), Attention 
Docket ID No. EPA-HQ-RCRA-2006-0097, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. Please include two copies. We request that you 
also send a separate copy of the comment to the contact person listed 
below (see FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: In person or by courier, deliver comments 
to: RCRA Docket, Attention Docket ID No. EPA-HQ-RCRA-2006-0097, 1301 
Constitution Avenue, NW., Room B-108, Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please include two copies. We request that you also 
send a separate copy of the comment to the contact person listed below 
(see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2006-0097. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. Send or deliver information identified 
as CBI to only the following address: Ms. LaShan Haynes, RCRA Document 
Control Officer, EPA (Mail Code 5305W), Attention Docket ID No. EPA-HQ-
RCRA-2006-0097, 1200 Pennsylvania Avenue, Washington, DC 20460. Clearly 
mark the part or all of the information that you claim to be CBI. The 
http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in

[[Page 29118]]

the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional information about EPA's public docket, visit the EPA Docket 
Center homepage at http://www.epa.gov/epahome/dockets.htm. We also 
request that interested parties who would like information they 
previously submitted to EPA to be considered as part of this 
reconsideration action identify the relevant information by docket 
entry numbers and page numbers.

FOR FURTHER INFORMATION CONTACT: Stephen Hoffman, Office of Solid Waste 
(5306W), U.S. Environmental Protection Agency, Ariel Rios Building, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002, telephone 
(703) 308-8413, e-mail address [email protected]. For more 
information on this rulemaking, please visit www.epa.gov/epaoswer/other/mining/chat/.

SUPPLEMENTARY INFORMATION: The proposed rule that is the subject of 
this notice, and which was published in the Federal Register on April 
4, 2006 (71 FR 16729), proposes mandatory criteria for the 
environmentally protective use of chat for transportation construction 
projects carried out in whole or in part with Federal funds, and a 
certification requirement. Chat used in transportation projects must be 
encapsulated in hot mix asphalt concrete or Portland cement concrete 
unless the use of chat is otherwise authorized by a State or Federal 
response action undertaken pursuant to applicable Federal or State 
environmental laws. In the proposal we are also recommending criteria 
as guidance on the environmentally protective use of chat in non-
transportation cement and concrete projects.
    The comment period for the proposed rule ended on May, 4, 2006. 
However, a public commenter (the U.S. Public Interest Research Group 
(U.S. PIRG)) has requested that EPA extend the comment period by 60 
days, noting that the additional time is needed to evaluate and comment 
intelligently on this important issue. This commenter also noted that 
they need additional time to consult with experts who understand not 
only the chemistry of encapsulating mine tailing, but also the 
different risks if the final rule allows use of the chat in non-highway 
activities. In addition, the commenter noted that the additional time 
is needed to coordinate so that, as much as possible, their comments 
reflect the expertise and views of a broad segment of their members.
    EPA believes the request for additional time is reasonable, 
however, we believe 30 additional days is adequate. The Agency believes 
an additional 30 days is adequate because this proposal is very narrow 
in scope and the technical background documents supporting this rule 
are not extensive. In addition, it should be noted that since the 
comment period closed on May 4th and the Agency is reopening the 
comment period, commenters, in fact, will have more than 30 days from 
the date that the comment period closed. Therefore, we are extending 
the comment period for this proposal until June 19, 2006.

List of Subjects in 40 CFR Part 278

    Environmental protection, Chat, Indians-lands, Mine tailings, 
Reporting and recordkeeping requirements, Waste.

    Dated: May 12, 2006.
Matthew Hale,
Director, Office of Solid Waste.
[FR Doc. E6-7653 Filed 5-18-06; 8:45 am]
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