[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Pages 29317-29319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10117]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2007-0279; FRL-8130-7]
Army Chemical Agent Rocket Incinerator Approval to Dispose of
Polychlorinated Biphenyls under the Toxic Substances Control Act;
Notice of Application to Renew, Data Availability, and Modification of
Existing Approval
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Department of the Army (Army) has applied to renew an
approval to dispose of polychlorinated biphenyls (PCBs) under the Toxic
Substances Control Act (TSCA). The renewal would allow the Army to
continue to incinerate M55 chemical agent rockets containing PCBs using
the Deactivation Furnace Systems (DFS). This action announces: EPA's
consideration of the Army's application, the availability of trial burn
data that will inform EPA's consideration, and the modification of the
public participation condition of the Army's existing approval. EPA is
requesting comments on the renewal application and trial burn data.
DATES: Comments must be received on or before June 11, 2007].
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2007-0279, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2007-0279. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO'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-OPPT-
2007-0279. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line 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 whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website 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 regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., 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. In this
instance, because of the enormity of the volume of data, EPA has posted
a summary (entitled ``Executive Summary'') of the trial burn report
from each facility. If the interested party needs more information than
is found in the Executive Summary, complete trial burn data is
available on compact disc (CD). To obtain a CD, please contact the
technical information contact listed under FOR FURTHER INFORMATION
CONTACT. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. The telephone number of the EPA/DC Public Reading
Room is (202) 566-1744, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
For technical information contact: Hiroshi Dodohara, National
Program Chemicals Division (7404T), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington,
[[Page 29318]]
DC 20460-0001; telephone number: (202) 566-0507; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
Potentially affected entities may include, but are not limited to:
Department of the Army (NAICS code 928110).
Residents or homeowners located near the affected
incinerators.
This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
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
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.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. What Action is the Agency Taking?
A. Background
In 2002, EPA issued a PCB disposal approval under TSCA section 6(e)
and 40 CFR 761.70(d) to the Army to allow for the incineration of M55
chemical agent rockets containing PCBs using Deactivation Furnace
Systems (DFS). The existing approval is included in the docket for this
notice. The approval allows for the disposal to occur at four separate
facilities: Anniston Chemical Agent Disposal Facility, Anniston Army
Depot, Anniston, Alabama (ANCDF); Pine Bluff Chemical Agent Disposal
Facility, Pine Bluff Arsenal, Pine Bluff, Arkansas (PBCDF); Tooele
Chemical Agent Disposal Facility, Deseret Chemical Depot, Tooele, Utah
(TOCDF); and Umatilla Chemical Agent Disposal Facility, Umatilla
Chemical Depot, near Hermiston, Oregon (UMCDF). The Army has now
applied to renew that approval, which is currently set to expire July
6, 2007. The Army's renewal application only applies to PBCDF and
UMCDF; the other two facilities have completed operations.
B. Application for Renewal
EPA is considering the Army's request for renewal. The renewal
would allow the Army to continue to incinerate M55 chemical agent
rockets containing PCBs using DFS at the remaining two sites. Based on
the trial burn results, EPA believes the conditions in the current TSCA
approval are necessary and adequate to ensure proper disposal of PCBs
in compliance with TSCA. However, both PBCDF and UMCDF are currently
operating under Resource Conservation and Recovery Act (RCRA) permits
as well as the existing PCB approval. These RCRA permits impose several
of the same operating conditions as are required by the current TSCA
approval. Thus, in order to coordinate the requirements of the two
programs, EPA does not plan to include the duplicative conditions in
the renewed TCSA approval. EPA intends for the renewal to only retain
the operating conditions from the current TSCA approval that are more
stringent than those provided in the RCRA permits. These more stringent
conditions, combined with the condition that the facilities maintain
valid RCRA permits, will ensure proper disposal of PCBs in compliance
with TSCA. For example, EPA plans to retain a target value for the
secondary combustor operating temperature based on conditions during
the trial burn. In addition, the carbon monoxide concentration in the
flue gas that triggers the automatic waste feed cutoff (AWFCO) would be
100 parts per million based on real time, with a 5-minute delay.
C. Availability of Trial Burn Data
This action also announces the availability of trial burn data from
PBCDF and UMCDF. The current approval required certain sampling for
PCBs at each DFS unit:
1. Stack sampling for PCBs.
2. Sampling of kiln/HDC (heated discharge conveyor) residue.
3. Cyclone residue.
4. Scrubber brine for PCB analysis.
The purpose of the trial burns was to demonstrate whether the DFS
units meet the PCB incinerator performance standards. These results
showed that the standards were met, and the data are now available.
D. Approval Modification
Condition 1.d.(3) of the existing approval, provides that: ``EPA
will hold a public meeting in each community after the trial burn data
in each respective facility becomes available.'' (A copy of Condition
1.d.(3) is available in the docket for this document.) Effective at the
time of publication of this notice, EPA is hereby modifying the
existing approval to remove that condition for the remainder of the
approval. Meetings were conducted before and after-trial-burn data
became available at ANCDF and TOCDF, but participation was very limited
at the post-trial-burn meetings. No members of the public appeared at
meetings previously held at PBCDF and UMCDF. Based on the lack of
public participation, EPA is changing the public participation process
to include a broader audience and a 15-day opportunity for comment.
Trial burn data will be available to the public through the docket and
in lieu of conducting additional public meetings at PBCDF and UMCDF,
EPA is allowing for the submission of comments, in written or
electronic format.
[[Page 29319]]
List of Subjects
Environmental protection, Hazardous substances, Polychlorinated
biphenyls (PCBs), Reporting and recordkeeping requirements.
Dated: May 21, 2007.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E7-10117 Filed 5-24-07; 8:45 am]
BILLING CODE 6560-50-S