Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Proposed Rules 6593

proposed rule comment period, EPA 

finds it appropriate to extend the 

comment period an additional 45 days 

beyond the January 20, 2004 date 

previously in effect. All interested 

parties are notified that the comment 

period of this public notice is hereby 

reopened until March 4, 2004. 

This document also announces the 

date and location of a Tribal hearing 

wherein EPA will take comments on its 

proposed rule for ‘‘Participation by 

Disadvantaged Business Enterprises in 

Procurement under Environmental 

Protection Agency (EPA) Financial 

Assistance Agreements.’’

DATES: Comments are reopened until 

March 4, 2004. The Tribal hearing will 

be held on February 10, 2004, 3:30 pm 

to 4:45 pm.

ADDRESSES: Comments must be 

submitted to:

1. Electronically—EPA Dockets at

http://www.epa.gov/edoctket. Please 

follow online instructions for 

submitting comments and reference 

Docket ID No. OA–2002–0001; 

2. By Mail—Office of Environmental 

Information Docket, Environmental 

Protection Agency, Mailcode 28221T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, Attention 

Docket ID No. OA–2002–0001; or 

3. By Hand Delivery or Courier—EPA 

Docket Center, EPA West, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC, Attention Docket ID 

No. OA–2002–0001.

The Tribal hearing will be held at: 

Anchorage Egan Convention Center, 555 

West Fifth Avenue, Anchorage, AK 

99501.

FOR FURTHER INFORMATION CONTACT:

Kimberly Patrick, Attorney Advisor, at 

(202) 564–5386, or David Sutton, 

Deputy Director at (202) 564–4444, 

Office of Small and Disadvantaged 

Business Utilization, U.S. 

Environmental Protection Agency, Mail 

Code 1230A, Ariel Rios Building, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460.

SUPPLEMENTARY INFORMATION: EPA 

published its proposed rule for 

Participation by Disadvantaged Business 

Enterprises in Procurement under 

Environmental Protection Agency (EPA) 

Financial Assistance Agreements on 

July 24, 2003 at 68 FR 43824. EPA has 

established an official public docket for 

this action under Docket ID No. OA–

2002–0001. The proposed rule and 

supporting materials are available for 

public viewing at the Office of 

Environmental Information Docket in 

the EPA Docket Center (EPA/DC), EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. The EPA 

Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number for the Office of 

Environmental Information is (202) 

566–1752. An electronic version of 

public docket is available through EPA’s 

electronic public docket and comment 

systems, EPA Dockets. You may use 

EPA Dockets 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,’’ and then key in docket 

identification number OA–2002–0001. 

You may access this Federal Register

document electronically through the 

EPA Internet under the ‘‘Federal 

Register’’ listings at http://

www.epa.gov/fedrgstr.

Dated: February 5, 2004. 

Thomas J. Gibson, 

Chief of Staff.

[FR Doc. 04–2957 Filed 2–10–04; 8:45 am] 

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268 

[RCRA–2003–0025; FRL–7620–3] 

Land Disposal Restrictions: SiteSpecific Treatment Variances for 

Heritage Environmental Services LLC 

and Chemical Waste Management Inc.

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is today 

proposing to grant three site-specific 

treatment variances from the Land 

Disposal Restrictions (LDR) treatment 

standards for selenium-bearing 

hazardous wastes from the glass 

manufacturing industry. EPA is 

proposing to grant these variances 

because the chemical properties of the 

wastes differ significantly from those of 

the waste used to establish the current 

LDR standard for selenium (5.7 mg/L, as 

measured by the Toxicity Characteristic 

Leaching Procedure (TCLP)), and the 

petitions have adequately demonstrated 

that the wastes cannot be treated to meet 

this treatment standard. 

In the ‘‘Rules and Regulations’’

section of the Federal Register, we are 

publishing a direct final rule that would 

grant these site-specific treatment 

variances without prior proposal 

because we view these actions 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 we receive significant adverse 

comment on a distinct amendment, 

however, we will withdraw the direct 

final action for that amendment and the 

amendment 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 these proposed variances must do so 

at this time.

DATES: Written comments must be 

received by March 12, 2004.

ADDRESSES: Comments may be 

submitted by mail to: OSWER Docket, 

Environmental Protection Agency, 

Mailcode: 5305T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, 

Attention Docket ID No. RCRA–2003–

0025. Comments may also be submitted 

electronically, or through hand 

delivery/courier. Follow the detailed 

instructions as provided in the 

SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the RCRA 

Hotline 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 , 

send your e-mail to parra.juan@epa.gov, 

or mail your inquiry to Office of Solid 

Waste (MC 5302 W), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460.

SUPPLEMENTARY INFORMATION:

I. General Information 

This document is proposing to grant 

three site-specific treatment variances 

from the Land Disposal Restrictions 

(LDR) treatment standards for seleniumbearing hazardous wastes from the glass 

manufacturing industry. These selenium 

wastes will be treated by Heritage 

Environmental Services LLC and 

Chemical Waste Management Inc. We 

have explained our reasons for these 

actions in the preamble to the direct 

final rule, and do not believe it 

necessary to repeat those discussions 

here. For further information, please see 

the direct final action that is located in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register publication. 

6594 Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Proposed Rules 

A. How Can I Get Copies of This 

Variance Proposal? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. RCRA–2003–0025. 

The official public docket consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the OSWER Docket 

in the EPA Docket Center (EPA/DC), 

EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center Public 

Reading Room 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 OSWER Docket is (202) 

566–0272. The public may copy a 

maximum of 100 pages from any 

regulatory docket at no charge. 

Additional copies cost $0.15/page. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/ and you 

can make comments on this proposed 

rule at the Federal e-rulemaking portal, 

http://www.regulations.gov.

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets 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 the EPA Dockets. 

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 EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Section I.A.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic 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 EPA’s electronic public 

docket 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 

EPA’s electronic public docket. 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 EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the Docket will 

be scanned and placed in EPA’s 

electronic public docket. Where 

practical, physical objects will be 

photographed, and the photograph will 

be placed in EPA’s electronic public 

docket along with a brief description 

written by the docket staff. 

B. How and to Whom Do I Submit 

Comments? 

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 

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

required to consider these late 

comments. If you wish to submit CBI or 

information that is otherwise protected 

by statute, please follow the instructions 

in Unit I.C. Do not use EPA Dockets or 

e-mail to submit CBI or information 

protected by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed 

below, EPA recommends that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket, and 

follow the online instructions for 

submitting comments. Once in the 

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

Docket ID No. RCRA–2003–0025. The 

system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

electronic mail (e-mail) to rcradocket@epa.gov, Attention Docket ID 

No. RCRA–2003–0025. In contrast to 

EPA’s electronic public docket, EPA’s email system is not an ‘‘anonymous 

access’’ system. If you send an e-mail 

comment directly to the Docket without 

going through EPA’s electronic public 

docket, EPA’s e-mail system 

automatically captures your e-mail 

address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

system are included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.A.1. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption. 

2. By Mail. Send your comments to: 

OSWER Docket, Environmental 

Protection Agency, Mailcode: 5305T, 

1200 Pennsylvania Ave., NW.,

Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Proposed Rules 6595

Washington, DC, 20460, Attention 

Docket ID No. RCRA–2003–0025. 

3. By Hand Delivery or Courier.

Deliver your comments to: EPA Docket 

Center Reading Room, EPA West, Room 

B102, 1301 Constitution Ave NW., 

Washington, DC., Attention Docket ID 

No. RCRA–2003–0025. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation as identified 

in Section I.A.1.

C. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

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 and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

II. Description of Proposed 

Amendments 

The United States Environmental 

Protection Agency (EPA or Agency) is 

today proposing to grant three sitespecific treatment variances from the 

Land Disposal Restrictions (LDR) 

treatment standards for seleniumbearing hazardous wastes from the glass 

manufacturing industry. 

In its first action, EPA is proposing to 

grant a variance to Heritage 

Environmental Services LLC (Heritage) 

to stabilize a selenium-bearing waste 

generated by Guardian Industries Corp. 

(Guardian) at their RCRA permitted 

facility in Indianapolis, Indiana. If this 

proposal is finalized, Heritage may treat 

the specific waste to an alternate 

selenium treatment standard of 39.4 mg/

L, as measured by the TCLP, for the 

Guardian waste. Heritage may dispose 

of the treated wastes in a RCRA Subtitle 

C landfill, provided they meet the 

applicable LDR treatment standards for 

the other hazardous constituents in the 

waste. 

In its second and third actions, EPA 

is proposing to permanently establish 

two site-specific variances from Land 

Disposal Restrictions treatment 

standards for Chemical Waste 

Management Inc. (CWM), at their 

Kettleman Hills facility in Kettleman 

City, California, for two selenium 

bearing hazardous wastes. EPA 

previously granted variances to these 

wastes on a temporary basis on May 26, 

1999 (64 FR 28387). On May 28, 2002 

(67 FR 36849), EPA renewed these 

variances for a consecutive three year 

term with the same condition to 

investigate treatment technologies and 

to report effectiveness of their ongoing 

treatment. These variances expire on 

May 28, 2005. In light of the information 

presented by CWM to the Agency and 

EPA’s inability to find selenium 

recovery capability in the US, EPA is 

proposing to change the status of CWM 

variances from temporary to permanent. 

If this proposal is finalized, CWM will 

continue to be required to treat these 

two specific wastes to alternative 

selenium treatment standards of 51 mg/

L, as measured by the TCLP, for the 

Owens-Brockway waste, and 25 mg/L, 

as measured by the TCLP, for the St. 

Gobain (formally Ball Foster) waste. 

CWM will continue to dispose of the 

treated wastes in a RCRA Subtitle C 

landfill provided they meet the 

applicable LDR treatment standards for 

the other hazardous constituents in the 

wastes.

List of Subjects in 40 CFR Part 268 

Environmental Protection, Hazardous 

waste, Variance.

Dated: February 4, 2004. 

Marianne Lamont Horinko, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response.

[FR Doc. 04–2820 Filed 2–10–04; 8:45 am] 

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 20, 25, 64 and 68 

[CC Docket No. 94–102, IB Docket No. 99–

67; FCC 03–290] 

Scope of Enhanced 911 Requirements

AGENCY: Federal Communications 

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: In this document, the 

Commission seeks comment on issues 

pertaining to expanding the scope of its 

enhanced 911 (E911) rules to cover 

mobile satellite service providers that 

have an ancillary terrestrial component. 

The Commission also seeks comment on 

recordkeeping and reporting proposals 

in connection with mobile satellite 

service providers’ implementation of 

911 emergency call centers. Further, the 

Commission considers whether multiline telephone systems (MLTS) should 

be required to provide access to 

enhanced 911 service and questions 

whether the Commission should adopt 

revisions to its rules. As many citizens, 

elected representatives, and public 

safety personnel recognize, 911 service 

is critical to our Nation’s ability to 

respond to a host of crises and this 

document enhances the Nation’s ability 

to do so.

DATES: Comments must be filed on or 

before March 29, 2004. Reply comments 

are due April 26, 2004. To file formally 

in this proceeding, interested parties 

must file an original plus six copies of 

all comments, reply comments, and 

supporting comments. If parties filing 

comments want each Commissioner to 

receive a personal copy of the 

comments, the parties must file an 

original plus eleven copies. Written 

comments on the proposed information 

collection(s) must be submitted by the 

public, Office of Management and 

Budget (OMB), and other interested 

parties on or before April 12, 2004.

ADDRESSES: All comments should be 

addressed to the Office of the Secretary, 

Federal Communications Commission, 

445 Twelfth Street, SW., Washington, 

DC 20554. In addition to filing 

comments with the Secretary, a copy of 

any Paperwork Reduction Act (PRA) 

comments on the information 

collection(s) contained herein should be 

submitted to Judith B. Herman, Federal 

Communications Commission, Room 1–

C804, 445 12th Street, SW., Washington, 

DC 20554, or via the Internet to JudithB.Herman@fcc.gov, and to Kristy L. 

LaLonde, OMB Desk Officer, Room 

10234 NEOB, 725 17th Street, NW., 

Washington, DC 20503 via the Internet 

to Kristy_L._LaLonde@omb.eop.gov or 

by fax to 202–395–5167.

FOR FURTHER INFORMATION CONTACT:

Arthur Lechtman, Satellite Division, 

International Bureau, at (202) 418–1465, 

or Marcy Greene, Competition Policy 

Division, Wireline Competition Bureau, 

at (202) 418–2410. For additional 

information concerning the information 

collection(s) contained in this 

document, contact Judith B. Herman at