[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Proposed Rules]
[Pages 42832-42833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10777]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 124, 260, 264, 265, 270, and 271

[EPA-HQ-OLEM-2021-0397; FRL-8592-03-OLEM]
RIN 2050-AH24


Revisions to Standards for the Open Burning/Open Detonation of 
Waste Explosives; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending the 
comment period for the proposed rule entitled ``Revisions to Standards 
for the Open Burning/Open Detonation of Waste Explosives.'' EPA 
published the proposed rule in the Federal Register on March 20, 2024 
(89 FR 19952) and the public comment period was scheduled to end on May 
20, 2024. However, EPA has received requests for additional time to 
develop and submit comments on the proposal. In response to the 
requests for additional time, EPA is extending the comment period for 
an additional 31 days, through June 20, 2024.

DATES: Written comments must be received on or before June 20, 2024.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0397, by any of the following methods:

[[Page 42833]]

     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, RCRA Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
     Hand Delivery/Courier: 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 a.m.-4:30 p.m., 
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. 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: Sasha Lucas-Gerhard (email address: 
[email protected], phone number: (202) 566-0346) or Paul Diss 
(email address: [email protected], phone number: (202) 566-0321), in 
the Program Implementation and Information Division, Office of Resource 
Conservation and Recovery.

SUPPLEMENTARY INFORMATION:

I. Summary

    On March 20, 2024, EPA published in the Federal Register (89 FR 
19952) a proposed rule that would revise the RCRA regulations to 
clarify and add specificity to existing requirements for owners/
operators of open burning and open detonation (OB/OD) units, including 
how and when to apply and implement the requirements in the permitting 
process.
    In 1980, EPA prohibited OB/OD of hazardous waste due to the 
potential risks to human health and the environment. EPA allowed one 
exception to this prohibition for OB/OD of waste explosives because at 
the time, there were no safe alternative treatment options for these 
wastes. Since that time, facilities have been required to determine and 
continue to evaluate whether alternatives are available. Recent 
findings from the National Academies of Sciences, Engineering, and 
Medicine and EPA identify several safe alternatives that are now 
available for certain types of explosive wastes. The proposed rule 
would improve implementation of requirements for how facilities must 
evaluate and use alternative technologies determined to be safe and 
available for treating waste explosives in lieu of OB/OD, and would set 
new minimum technical standards for OB/OD where it remains the only 
available treatment option.
    Specifically, EPA proposed to create new subparts for OB/OD units 
in parts 264 (applicable to permitted facilities) and 265 (applicable 
to interim status facilities). The new subparts contain requirements 
that would apply to all owners/operators conducting or seeking to 
conduct OB/OD of waste explosives, including activities conducted as 
part of RCRA cleanup and closure. The new subparts propose: certain 
requirements for OB/OD emergency permits and an exemption from the 
alternative technology evaluation and implementation regulations for 
the de minimis treatment of waste explosives by OB/OD; new provisions 
that would specify how and when owners/operators and permit authorities 
are to evaluate alternative treatment technologies for OB/OD, including 
specific information that would be required for facilities to 
demonstrate whether safe modes of treatment are available for specific 
waste streams and for waste analysis/characterization; new and revised 
regulatory provisions on timelines for implementing alternative 
technologies; wastes prohibited/restricted from OB/OD; technical 
standards for OB/OD units; delay of closure applicability to OB/OD 
units; clarifications to emergency provisions; and procedures for 
permitting of mobile treatment units (MTUs) for waste explosives.
    The comment period for the proposed rule was scheduled to end on 
May 20, 2024. Since publication, EPA has received requests to extend 
that comment period to allow for additional time to develop comments on 
the proposed rule. After considering the requests, EPA has decided to 
extend the comment period for an additional 31 days, through June 20, 
2024.

II. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-RCRA-2021-
0397, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section of this document. 
Once submitted, comments cannot be edited or removed from the docket. 
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 Confidential Business Information (CBI) 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. 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 CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

List of Subjects in 40 CFR Parts 124, 260, 264, 265, 270, and 271

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Hazardous 
materials transportation, Hazardous waste, Indians-lands, Insurance, 
Intergovernmental relations, Packaging and containers, Penalties, 
Reporting and recordkeeping requirements, Security measures, Surety 
bonds, Water pollution control, Water supply.

    Dated: May 13, 2024.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2024-10777 Filed 5-15-24; 8:45 am]
BILLING CODE 6560-50-P