Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 19003 

2011, proposed order are now due on 

July 5, 2011. 

IV. Regulatory Assessment 

Requirements 

As indicated in the proposed order, 

this action is an adjudication and not a 

rule. The regulatory assessment 

requirements imposed on rulemaking do 

not, therefore, apply to this action. 

V. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (5 

U.S.C. 801 et seq.), as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule for 

purposes of 5 U.S.C. 804(3). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 30, 2011. 

William R. Diamond, 

Acting Director, Office of Pesticide Programs. 

[FR Doc. 2011–8183 Filed 4–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268 

[EPA–HQ–RCRA–2010–0851; FRL–9290–5] 

Land Disposal Restrictions: Nevada 

and California; Site Specific Treatment 

Variances for Hazardous Selenium 

Bearing Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to issue 

both a site-specific treatment variance to 

U.S. Ecology Nevada (USEN) located in 

Beatty, Nevada and withdraw an 

existing site-specific treatment variance 

issued to Chemical Waste Management, 

Inc. (CWM) located in Kettleman Hills, 

California. This proposal 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. The sitespecific treatment variance proposed to 

be issued to USEN would provide an 

alternative treatment standard of 59 

mg/L for selenium as measured by the 

Toxicity Characteristic Leaching 

Procedure. EPA has determined that the 

treatment performed by USEN provides 

the best demonstrated treatment 

available for this waste by reducing the 

amount of selenium potentially released 

to the environment, while minimizing 

the total volume of hazardous waste 

land disposed. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, EPA has also published a 

direct final rule granting a site-specific 

treatment variance to USEN, and 

withdrawing the site-specific treatment 

variance previously granted to CWM for 

this same waste without a prior 

proposed rule. If we receive no adverse 

comment, we will not take further 

action on this proposed rule and the 

direct final rule will become effective as 

provided in that action. 

DATES: Written comments must be 

received by May 6, 2011. Comments 

postmarked after the close of the 

comment period will be stamped ‘‘late’’ 

and may or may not be considered by 

the Agency. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2010–0851, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

miller.jesse@epa.gov. Attention Docket 

ID No. EPA–HQ–RCRA–2010–0851. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2010– 

0851. 

• Mail: RCRA Docket (28221T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2010– 

0851. Please include a total of 2 copies. 

• Hand Delivery: Please deliver 2 

copies to EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC. 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 No. EPA–HQ–RCRA–2010– 

0851. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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. 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 http:// 

www.regulations.gov index. 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. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ–Docket Center, Docket ID No. 

EPA–HQ–RCRA–2010–0851, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Docket Facility 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 RCRA 

Docket is (202) 566–0270. A reasonable 

fee may be charged for copying docket 

materials. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this rulemaking, 

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 miller.jesse@epa.gov. 

SUPPLEMENTARY INFORMATION: 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
19004 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 

I. Why is EPA issuing this proposed 

rule? 

This action proposes to issue both a 

site-specific treatment variance to U.S. 

Ecology Nevada (USEN) located in 

Beatty, Nevada and withdraw an 

existing site-specific treatment variance 

issued to Chemical Waste Management, 

Inc. (CWM) located in Kettleman Hills, 

California. This proposal 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. The sitespecific treatment variance proposed to 

be issued to USEN would provide an 

alternative treatment standard of 59 mg/ 

L for selenium as measured by the 

Toxicity Characteristic Leaching 

Procedure. EPA has determined that the 

treatment performed by USEN provides 

the best demonstrated treatment 

available for this waste by reducing the 

amount of selenium potentially released 

to the environment, while minimizing 

the total volume of hazardous waste 

land disposed. 

In the Rules and Regulations section 

of this Federal Register, we have also 

published a direct final rule granting a 

site-specific treatment variance to USEN 

and withdrawing the site-specific 

treatment variance previously granted to 

CWM for this same waste. We are 

issuing a direct final rule for this action 

because we view this as 

noncontroversial and anticipate no 

adverse comment. We have explained 

our reasons for this in the preamble to 

the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule and the direct final rule 

will become effective as provided in 

that action. If we do receive adverse 

comment, we will publish a timely 

notice in the Federal Register 

withdrawing the direct final rule and it 

will not take effect. We will address all 

public comments in any subsequent 

final rule based on this proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

II. Does this action apply to me? 

This proposal applies only to U. S. 

Ecology Nevada located in Beatty, 

Nevada and Chemical Waste 

Management located in Kettleman Hills, 

California. 

III. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.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 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 the procedures set 

forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• 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. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

Direct Final Rule Location of Regulatory 

Text for This Proposal 

The regulatory text for this proposal is 

identical to that for the direct final rule 

published in the Rules and Regulations 

section of this Federal Register. For 

further supplemental information, the 

detailed rationale for the proposal, and 

the regulatory revisions, see the 

information provided in the direct final 

rule published in the Rules and 

Regulations section of today’s Federal 

Register. 

Statutory and Executive Order Reviews 

For a complete discussion of all the 

administrative requirements applicable 

to this action, see the direct final rule in 

the Rules and Regulations section of this 

Federal Register. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

This site-specific treatment variance, 

as proposed, does not create any new 

requirements. Rather, it proposes an 

alternative treatment standard for a 

specific waste that applies to only one 

facility, USEN and proposes to 

withdraw an existing site-specific 

treatment variance for the same waste at 

CWM in Kettleman Hills, California. 

Therefore, we hereby certify that this 

action, as proposed would not add any 

new regulatory requirements to small 

entities. This proposal rule, therefore, 

does not require a regulatory flexibility 

analysis. 

List of Subjects in 40 CFR Part 268 

Environmental Protection, Hazardous 

Waste, Variances. 

Dated: March 31, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2011–8180 Filed 4–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2010–0307; FRL–9290–9] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Oklahoma has 

applied to EPA for Final authorization 

of the changes to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA proposes to grant Final 


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