[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Page 30027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12783]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[EPA-HQ-RCRA-2010-0851; FRL-9310-2]


Land Disposal Restrictions: Site-Specific Treatment Variance for 
Hazardous Selenium-Bearing Waste Treated by U.S. Ecology Nevada in 
Beatty, NV and Withdrawal of Site-Specific Treatment Variance for 
Hazardous Selenium-Bearing Waste Treatment Issued to Chemical Waste 
Management in Kettleman Hills, CA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of Direct Final Rule.

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SUMMARY: Because EPA received adverse comment, we are withdrawing the 
Direct Final rule that granted a site-specific treatment variance to 
U.S. Ecology Nevada in Beatty, Nevada and withdrew an existing site-
specific treatment variance issued to Chemical Waste Management, Inc. 
in Kettleman Hills, California. The Direct Final rule pertains to the 
treatment of a hazardous waste generated by the Owens-Brockway Glass 
Container Company in Vernon, California that is unable to meet the 
concentration-based treatment standard for selenium established under 
the Land Disposal Restrictions program. EPA also issued a parallel 
proposal to be used as the basis for the final action in the event that 
EPA received any adverse comments on the Direct Final rule.

DATES: Effective May 24, 2011, EPA withdraws the Direct Final rule 
published at 76 FR 18921 on April 6, 2011.

FOR FURTHER INFORMATION CONTACT: For more information, contact Jesse 
Miller, Materials Recovery and Waste Management Division, Office of 
Resource Conservation and Recovery (MC 5304 P), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone (703) 308-1180; fax (703) 308-0522; or [email protected].

SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are 
withdrawing the Direct Final rule that amended the Land Disposal 
Restrictions treatment standards (40 CFR part 268.44(o)) by granting a 
site-specific treatment variance to U.S. Ecology Nevada in Beatty, 
Nevada and withdrawing an existing site-specific treatment variance 
issued to Chemical Waste Management, Inc. in Kettleman Hills, 
California, published on April 6, 2011 at 76 FR 18921. We stated in 
that Direct Final rule that if we received adverse comment by May 6, 
2011, the Direct Final rule would not take effect and we would publish 
a timely withdrawal in the Federal Register. We subsequently received 
adverse comment on that Direct Final rule. We will address those 
comments in any subsequent final action, which will be based on the 
parallel proposed rule also published on April 6, 2011 at 76 FR 18921. 
As stated in the Direct Final rule and the parallel proposed rule, we 
will not institute a second comment period on this action.

List of Subjects in 40 CFR Part 268

    Environmental protection, Hazardous waste, and Variances.

    Dated: May 17, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.

    Accordingly, the amendments to the rule published on April 6, 2011 
(76 FR 18921) are withdrawn as of May 24, 2011.

[FR Doc. 2011-12783 Filed 5-23-11; 8:45 am]
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