Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Proposed Rules 67695

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268

[RCRA–2004–0009; FRL–7839–2] 

Land Disposal Restrictions: SiteSpecific Treatment Variance for 

Selenium Waste for Chemical Waste 

Management, Chemical Services LLC

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed Rule.

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is today 

proposing to grant a site-specific 

treatment standard variance from the 

Land Disposal Restrictions (LDR) 

treatment standards for a seleniumbearing hazardous waste generated by 

the glass manufacturing industry. EPA 

is proposing to grant this variance 

because the chemical properties of the 

waste differ significantly from those of 

the waste used to establish the current 

LDR treatment standard for selenium 

(5.7 mg/L, as measured by the Toxicity 

Characteristic Leaching Procedure 

(TCLP)), and the petition has adequately 

demonstrated that the waste cannot be 

treated to meet this treatment standard. 

In addition, EPA is also proposing to 

modify an existing treatment variance 

for this same waste that has been 

previously granted to another treatment 

facility. 

In the ‘‘Rules and Regulations’’

section of the Federal Register, we are 

publishing a parallel direct final rule 

that would grant this site-specific 

treatment variance without prior 

proposal because we view this action as 

noncontroversial and we anticipate no 

significant adverse comment. We have 

explained our reasons for this approach 

in the preamble to the direct final rule. 

If, however, based on today’s proposed 

rule, we receive significant adverse 

comment, we will withdraw the direct 

final action and it will not take effect. 

We will address all public comments in 

a subsequent final rule based on this 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on the proposed variance must do so at 

this time.

DATES: Written comments must be 

received by December 20, 2004.

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. RCRA–2004–0009. All documents 

in the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket.

Comments may be submitted 

electronically, by mail, or through hand 

delivery/courier. Comments may be 

mailed to the EPA Docket Center—

OSWER Docket, Environmental 

Protection Agency, Mailcode: 5305 T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, Attention 

Docket ID No. RCRA–2004–0009. 

Follow the detailed instructions 

provided in the SUPPLEMENTARY

INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the RCRA 

Call Center at (800) 424–9346 or TDD 

(800) 553–7672 (hearing impaired). In 

the Washington, DC, metropolitan area, 

call (703) 412–9810 or TDD (703) 412–

3323. For more detailed information on 

specific aspects of this rulemaking, 

contact Juan Parra at (703) 308–0478 or 

parra.juan@epa.gov, Office of Solid 

Waste (MC 5302 W), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., Washington, DC 

20460.

SUPPLEMENTARY INFORMATION: 

I. General Information 

In this document, EPA is proposing to 

grant a site-specific treatment variance 

from the Land Disposal Restrictions 

(LDR) treatment standards for a 

selenium-bearing hazardous waste from 

the glass manufacturing industry. This 

selenium waste will be treated by 

Chemical Waste Management, Chemical 

Services LLC (CWM). In addition, EPA 

is proposing to modify an existing 

treatment variance for the same waste 

granted to Heritage Environmental 

Services LLC. We have explained our 

reasons for these actions in the 

preamble to the direct final rule. For 

further information, please see the 

direct final action that is located in the 

‘‘Rules and Regulations’’ section of this 

Federal Register publication. 

EPA has established an official public 

docket for this action under Docket ID 

No. RCRA–2004–0009. Documents in 

the official public docket are listed in 

the index list in EPA’s electronic public 

docket and comment system, EDOCKET. 

Documents may be available either 

electronically or in hard copy. 

Electronic documents may be viewed 

through EDOCKET. Hard copy 

documents may be viewed at the EPA 

Docket Center—OSWER Docket, 

Environmental Protection Agency, EPA 

West Building, Room B102, 1301 

Constitution Ave NW., Washington, DC. 

The EPA Docket Center is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Docket Center 

Public Reading Room is (202) 566–1744, 

and the telephone number for the 

OSWER Docket is (202) 566–0272. 

You may access this Federal Register

document electronically through the 

EPA Internet under the ‘‘Federal 

Register’’ listings at http://

www.epa.gov/fedrgstr. You can also go 

to the federal-wide eRulemaking site at 

http://www.regulations.gov to submit 

comments. 

An electronic version of the public 

docket is available through EDOCKET. 

You may use EDOCKET at http://

www.epa.gov/edocket/ to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, select ‘‘search,’’ then key in the 

appropriate docket identification 

number. 

Certain types of information will not 

be placed in EDOCKET. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute, 

which is not included in the official 

public docket, will not be available for 

public viewing in EDOCKET. EPA’s 

policy is that copyrighted material will 

not be placed in EDOCKET but will be 

available only in printed, paper form in 

the official public docket. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EDOCKET as EPA receives 

them and without change, unless the 

comment contains copyrighted material, 

CBI, or other information whose 

disclosure is restricted by statute. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EDOCKET. The entire printed comment, 

including the copyrighted material, will 

be available in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EDOCKET. Public 

comments that are mailed or delivered 

to the Docket will be scanned and 

placed in EDOCKET. Where practical, 

physical objects will be photographed, 

and the photograph will be placed in 

EDOCKET along with a brief description 

written by the docket staff. 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket identification number in the 

subject line on the first page of your 

comment. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

67696 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Proposed Rules 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

II. Description of Proposed 

Amendments 

EPA is proposing to grant a variance 

to Chemical Waste Management, 

Chemical Services LLC (CWM) to 

stabilize a selenium-bearing waste from 

Guardian Industries Corp. (Guardian) at 

their RCRA permitted facility in Model 

City, New York. If this proposal is 

finalized, CWM may treat the specific 

waste to an alternate selenium treatment 

standard of 28 mg/L, as measured by the 

TCLP, for the Guardian waste. CWM 

may dispose of the treated waste in a 

RCRA Subtitle C landfill, provided they 

meet the applicable LDR treatment 

standards for any hazardous 

constituents in the waste. 

EPA is also modifying the existing 

alternative treatment standard for the 

Guardian selenium waste that EPA had 

previously granted to Heritage 

Environmental Services LLC to be 

consistent with the levels that CWM has 

demonstrated as BDAT for this selenium 

waste (69 FR 6567, February 11, 2004).

List of Subjects in 40 CFR Part 268

Environmental protection, hazardous 

waste, selenium, variance.

Dated: November 10, 2004. 

Thomas P. Dunne, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response.

[FR Doc. 04–25717 Filed 11–18–04; 8:45 am] 

BILLING CODE 6560–50–P