[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Proposed Rules]
[Pages 20304-20305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7761]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260 and 261

[EPA-HQ-RCRA-2002-0031-FRL-8303-8]
RIN 2050-AG31


Revisions to the Definition of Solid Waste

AGENCY: Environmental Protection Agency.

ACTION: Supplemental proposed rule; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing that 
the comment period to the supplemental proposed rule entitled Revisions 
to the Definition of Solid Waste published on March 26, 2007 (72 FR 
14172) is being extended until June 25, 2007. In the supplemental 
proposal, EPA is requesting comment on revisions to the definition of 
solid waste which would exclude certain hazardous secondary materials 
from regulation under Subtitle C of the Resource Conservation and 
Recovery Act (RCRA). We are also soliciting comment on regulatory 
factors to be used to determine whether recycling of hazardous 
secondary materials is legitimate.

DATES: The comment period for this supplemental proposed rule is 
extended from the original closing date of May 25, 2007, to June 25, 
2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2002-0031 by one of the following methods:
    www.regulations.gov: Follow the on-line instructions for submitting 
comments.
    E-mail: Comments may be sent by electronic mail (e-mail) to RCRA-
[email protected], Attention Docket ID No. EPA-HQ-RCRA-2002-0031.
    Fax: Fax comments to: 202-566-0270, Attention Docket ID No. EPA-HQ-
RCRA 2002-0031.
    Mail: Send comments to: OSWER Docket, EPA Docket Center, Mail Code 
5305T, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, Attention Docket ID No. EPA-HQ-RCRA-2002-0031. In 
addition, please mail a copy of your comments on the information 
collection provisions to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for 
EPA, 725 17th St., Washington, DC 20503.
    Hand delivery: Deliver comments to: Environmental Protection 
Agency, EPA Docket Center, Room B102, 1301 Constitution Avenue, NW., 
Washington, DC, Attention Docket ID No. EPA-HQ-RCRA-2002-0031. Such 
deliveries are only accepted during the docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID Number EPA-HQ-RCRA-
2002-0031. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The 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 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 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.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, such as CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the OSWER Docket, EPA/DC, EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 
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) 566-0270.

[[Page 20305]]


FOR FURTHER INFORMATION CONTACT: For more detailed information on 
specific aspects of this rulemaking, contact Marilyn Goode, Office of 
Solid Waste, Hazardous Waste Identification Division, MC 5304P, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, (703-308-8800) ([email protected]) or Tracy 
Atagi, Office of Solid Waste, Hazardous Waste Identification Division, 
MC 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, (703-308-8672) ([email protected]).

SUPPLEMENTARY INFORMATION: A. Comment Period. We are extending the 
comment period by 30 days in response to requests from several 
stakeholders.
    B. Regulated Entities. Entities potentially affected by this action 
include about 4,600 facilities in 530 industries in 17 economic sectors 
that generate or recycle hazardous secondary materials which are 
currently regulated as RCRA Subtitle C hazardous wastes (e.g., 
industrial co-products, by-products, residues, unreacted feedstocks). 
About 80 percent of these affected facilities are classified in NAICS 
code economic sectors 31, 32, and 33 (manufacturing), and the remainder 
are in NAICS code economic sectors 21 (mining), 22 (utilities), 23 
(construction), 42 (wholesale trade), 44 and 45 (retail trade), 48 and 
49 (transportation), 51 (information), 54 (professional, scientific and 
technical services), 56 (administrative support, waste management and 
remediation), 61 (educational services), 62 (health care and social 
assistance, and 81 (other services). About 0.65 million tons per year 
of recyclable industrial materials handled by these entities may be 
affected, of which the most common types are metal-bearing hazardous 
secondary materials (e.g., sludges and spent catalysts), and organic 
chemical liquids. This proposed rule, if promulgated, is expected to 
result in regulatory and materials recovery cost savings to these 
industries of approximately $107 million per year. Taking into account 
impact estimation uncertainty factors, this rule, if promulgated, could 
affect between 0.3 to 1.7 million tons per year of industrial hazardous 
secondary materials handled by 3,600 to 5,400 entities in 460 to 570 
industries, resulting in $93 million to $205 million per year of net 
cost savings. More detailed information on the potentially affected 
entities, industries, and industrial materials, as well as the economic 
impacts of this rule (with impact uncertainty factors), is presented in 
the ``Economics Background Document'' available in the docket for this 
rulemaking.
    C. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark all information that you 
claim to be CBI. For CBI information in a disk or CD-ROM that you mail 
to EPA, 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 claimed as CBI. In addition to one complete version of the comment 
that includes 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. Information so marked will not be 
disclosed, except in accordance with procedures set forth in 40 CFR 
part 2.

List of Subjects

40 CFR Part 260

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Reporting and 
recordkeeping requirements.

40 CFR Part 261

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

    Dated: April 13, 2007.
Matt Hale,
Director, Office of Solid Waste.
[FR Doc. E7-7761 Filed 4-23-07; 8:45 am]
BILLING CODE 6560-50-P