[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9277-9278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02555]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2022-0967; FRL-10468-01-OLEM]


Proposed Variances from the Classification of Solid Waste for HVF 
Precious Metals, LLC (Tucson, AZ)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative decision.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
grant a petition for variances from the classification as solid waste 
for two materials produced by HVF Precious Metals, LLC (HVF) at its 
facility in Tucson, Arizona.

DATES: Comments must be received on or before March 30, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2022-0967 to:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Land and Emergency Management Docket, Mail Code 
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30

[[Page 9278]]

a.m.-4:30 p.m., Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this action. Comments received may be posted without change to 
https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For further information regarding the 
Federal Register notice, contact Phoebe O'Connor, Office of Resource 
Conservation and Recovery, Office of Land and Emergency Management, 
(5304T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW, Washington, DC 20460; telephone number: (202) 566-1451; email 
address: [email protected].
    For further information regarding the incoming petition, Statement 
of Basis, and any technical questions, contact Amanda Cruz, RCRA 
Branch; Land, Chemicals, and Redevelopment Division, U.S. Environmental 
Protection Agency Region 9, 75 Hawthorne Street, (Mail code LND-4-2), 
San Francisco, CA 94105; telephone number: (415) 972-3084; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2022-
0967 at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. The EPA may 
publish any comment received to its public docket. Do not submit to 
EPA's docket at https://www.regulations.gov any information you 
consider to be Proprietary Business Information (PBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about PBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    Section 260.30(c) allows the EPA Administrator to determine on a 
case-by-case basis that materials that have been reclaimed but must be 
further reclaimed before the materials are fully recovered are not 
solid wastes. The effect of a variance from the classification of solid 
waste is to exempt the material from RCRA hazardous waste regulations. 
The EPA's proposal responds to a petition submitted by HVF on July 26, 
2022 (HVF's Petition). HVF's Petition concerns two partially-reclaimed 
materials (``Solution Sweeps'' and ``Filter Sweeps'') produced at its 
Tucson, Arizona facility from precious metal-bearing waste from 
cyanide-based electroplating operations. As explained in the 
``Statement of Basis'' available in the docket [Docket ID EPA-HQ-OLEM-
2022-0967-0001], EPA's preliminary determination is that the two 
materials produced by HVF are ``commodity-like'' under the criteria 
listed in Sec.  260.31(c) and are legitimately recycled, thus 
qualifying for variances from classification as solid waste under Sec.  
260.30(c). The EPA seeks comment on the environmental justice impacts 
of this proposed variance.
    For information on The EPA's rationale for granting the petition, 
see the attached ``Statement of Basis'' available in the docket [Docket 
ID EPA-HQ-OLEM-2022-0967-0001].

Michael S. Regan,
Administrator.
[FR Doc. 2023-02555 Filed 2-10-23; 8:45 am]
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