59332 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules

to regulate emissions of VOCs in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). In the Final Rules

Section of this Federal Register, the

EPA is approving the state’s SIP revision

as a direct final rule without prior

proposal because the Agency views this

as a noncontroversial revision

amendment and anticipates no adverse

comments. A detailed rationale for this

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by

December 3, 1997.

ADDRESSES: Written comments on this

action should be addressed to: Andrew

Steckel, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105–3901.

Copies of the rule revisions and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123–1096.

Ventura County Air Pollution Control

District, 702 County Square Drive,

Ventura, California 93003.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

FOR FURTHER INFORMATION CONTACT:

Jerald S. Wamsley, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1226.

SUPPLEMENTARY INFORMATION: This

document concerns SDCAPCD’s Rule

67.4, Metal Container, Metal Closure,

and Metal Coil Coating Operations, and

VCAPCD’s Rule 74.24, Marine Vessel

Coating Operations. These rules were

submitted by the California Air

Resources Board (CARB) to EPA on

October 18, 1996 and May 24, 1994,

respectively. For further information,

please see the information provided in

the Direct Final action that is located in

the Rules Section of this Federal

Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: September 26, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–29051 Filed 10–31–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 260

[FRL–5916–4]

Project XL Site-specific Rulemaking for

Molex, Inc., 700 Kingbird Road Facility,

Lincoln, Nebraska

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

implement a project under the Project

XL program for the Molex, Inc. (Molex)

facility located at 700 Kingbird Road,

Lincoln, Nebraska. The terms of the

project are defined in a draft Final

Project Agreement (FPA) which is being

made available for public review and

comment by this document. Also, EPA

is making available for informational

purposes a draft variance by the

Nebraska Department of Environmental

Quality necessary for implementation of

the project. In addition, EPA is today

proposing a site-specific rule, applicable

only to the Molex facility, to facilitate

implementation of the project. In the

final rules section of this Federal

Register, EPA is also adopting this rule

as a direct final rule because EPA views

this as a noncontroversial action and

anticipates no adverse comments. If no

significant adverse comments are

received, the direct final rule will

become effective in 60 days and no

further action will be taken on this

proposed rule. If significant adverse

comments are received during the

comment period, the direct final rule

will not go into effect and EPA will

proceed pursuant to this proposal,

responding to the comments on the

direct final rule and this proposal when

final action is taken on the rule. EPA

does not intend to initiate a further

round of notice and comment, if

comments are received on this proposal

or the direct final rule. Therefore, any

parties interested in commenting on this

rule, or on the FPA, should do so at this

time.

The site-specific rule is intended to

provide regulatory changes under the

Resource Conservation and Recovery

Act (RCRA) to implement Molex’s XL

project, which will result in superior

environmental performance and, at the

same time, provide Molex with greater

operational flexibility. The flexibility

provided by Project XL will allow the

facility to segregate waste streams which

had previously been co-mingled into a

single waste stream. By changing the

process lines to generate separate waste

streams (nickel, copper, tin/lead), the

facility can optimize the precipitation of

each metal more effectively before the

effluent is sent to the POTW. The

environmental benefit from the project

will be a substantial reduction in the

mass loading of metals entering the City

of Lincoln’s POTW. In addition, the

resultant mono-metal sludges will be

commodity-like materials suitable for

recycling by smelters. A secondary

environmental benefit will be increased

recycling and reducing the amount of

material that would otherwise be

landfilled. The site-specific rule,

applicable only to the Molex facility,

would change certain RCRA

requirements so the implementing

agency, the Nebraska Department of

Environmental Quality, may issue a

temporary variance from classifying as

solid waste nickel, copper, and tin/lead

non-precious metals containing sludges

generated by Molex.

DATES: Comments. All public comments

must be received on or before December

3, 1997 except that if a public hearing

is held, the public comment period will

remain open until December 18, 1997.

Public Hearing. A public hearing will

be held, if requested, to provide

interested persons an opportunity for

oral presentation of data, views, or

arguments concerning this direct final

rule to implement Molex’s XL project. If

anyone contacts the EPA requesting to

speak at a public hearing by November

24, 1997, a public hearing will be held

on December 15, 1997. EPA will decide

by November 28, 1997 whether a public

hearing will be held. Additional

information is provided in the section

entitled ADDRESSES.

Request to Speak at Hearing. Persons

wishing to present oral testimony must

contact Mr. David Doyle at the EPA by

November 24, 1997. Additional

information is provided in the section

entitled ADDRESSES.

ADDRESSES: Comments. Written

comments should be submitted in

duplicate to: Mr. David Doyle, U.S.

Environmental Protection Agency,

Region VII, Air, RCRA & Toxics
Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules 59333

Division, 726 Minnesota Avenue,

Kansas City, KS 66101, (913) 551–7667.

Docket. A docket containing

supporting information used in

developing this rulemaking, including

the draft FPA and draft variance, is

available for public inspection and

copying at U.S. EPA, Region VII, Air,

RCRA & Toxics Division, 726 Minnesota

Avenue, during normal business hours,

and at EPA’s RCRA docket (Docket

name ‘‘XL-Molex’’); 401 M Street, SW,

Washington, DC 20460. For access to the

Water docket materials, call (202) 260–

3027 between 9 a.m. and 3:30 p.m.

(Eastern time) for an appointment. A

reasonable fee may be charged for

copying. A docket is also available for

public inspection at the Nebraska

Department of Environmental Quality,

Lincoln, Nebraska.

Public Hearing. If a public hearing is

held, it will be held at 7 pm on +40 days

next business day, 1997 at the following

location: Nebraska Department of

Environmental Quality, Lincoln,

Nebraska. Persons interested in

attending the hearing should notify Mr.

David Doyle, (913) 551–7667, to verify

that a hearing will be held. Same change

as in final rule.

FOR FURTHER INFORMATION CONTACT: Mr.

David Doyle, U.S. Environmental

Protection Agency, Region VII, Air,

RCRA & Toxics Division, 726 Minnesota

Avenue, Kansas City, KS 66101, (913)

551–7667.

SUPPLEMENTARY INFORMATION: For

further information on the rule

proposed today, including the text of

the proposed rule, see the direct final

rule which appears in the Final Rules

section of today’s Federal Register.

Dated: October 27, 1997.

Carol M. Browner,

Administrator.

Before The Nebraska Department of

Environmental Quality

In the Matter of Molex, Inc.; Applicant.

Case No. 1898.

Order for a Temporary Variance

This matter comes before the Director of

the Department of Environmental Quality

(DEQ) on the application of Molex, Inc.

(Molex), for an Order granting a temporary

variance pursuant to Title 128, Rules and

Regulations Governing Hazardous Waste

Management in Nebraska, chapter 5, section

001.04. The variance requests a temporary

exemption from the classifying as solid waste

of segregated sludges generated during

wastewater treatment at the Molex Upland

facility located at 700 Kingbird Road,

Lincoln, Nebraska. The purpose of the

variance request is to allow Molex sufficient

time to collect information to demonstrate

that segregation and separate treatment of

various wastestreams at its facility results in

a significantly reduced metals content in its

wastewater effluent discharge to the City of

Lincoln’s publicly owned treatment works

(POTW) and produces a readily recyclable

sludge with market value. The variance is

necessary to remove a regulatory barrier

which would otherwise classify the sludges

generated from the segregation and treatment

of wastewater from Molex’s electroplating

operation as a solid waste and a listed

hazardous waste. The sludge generated from

wastewater treatment at the Molex facility,

prior to the implementation of process

changes to segregate and separately treat

wastestreams, was considered a recyclable

material utilized for precious metal recovery

subject to reduced management requirements

under title 128, chapter 7, section 010. The

Director has investigated the claims made by

the applicant and the interests of others

likely to be affected and the general public.

The Director finds that the application of

the regulation which would classify the

sludge generated from the treatment of

electroplating wastestreams at the Molex

facility as a listed hazardous waste as applied

to the applicant discourages innovative

treatment by greatly increasing the cost and

ability of the company to continue the

recycling of the sludges. However, the

Director possesses insufficient information to

determine whether the sludges generated

from the segregation and separate treatment

of wastestreams should not be classified as

solid waste because they have been

reclaimed and are commodity-like, but must

be reclaimed further.

The Director finds that the granting of a

temporary variance to allow Molex to obtain

this information removes a significant barrier

to the achievement of the environmental

performance goal of a cleaner effluent

discharge from the facility and reduced mass

metals loading on the POTW and continued

recycling of sludges. Among the factors to be

considered in any final variance

determination are:

The degree of processing the material has

undergone and the degree of further

processing that is required;

• The value of the material after it has

been reclaimed;

• The degree to which the reclaimed

material is like an analogous raw material;

• The extent to which an end market for

the reclaimed material is guaranteed; and

• The extent to which the reclaimed

material is handled to minimize the loss.

The Director further finds that the granting

of this temporary variance fosters the

incentive for innovation demonstrated by

Molex and provides an opportunity to test

monitoring requirements that may result in

modified performance standards for the

material at issue.

It Is Therefore Ordered that the temporary

variance request for up to two years from

classification as solid waste of the sludges

generated from the segregation and treatment

of wastestreams at the Molex facility is

granted subject to the following conditions

and requirements:

1. The temporary variance is limited to

three sludges which are being recycled to

reclaim nickel, copper, and tin/lead. These

sludges shall not be mixed with each other

and any other materials at the Molex facility.

2. Molex shall maintain records to

document the volume of these materials

generated, stored, and recycled during the

two years this temporary variance is in effect.

3. Within 30 days of the date of issuance

of this variance, Molex shall conduct an

initial waste analysis on all three sludges

(nickel, copper, and tin/lead) for TCLP and

total metals (to be reported in milligrams per

kilogram dry weight, in accordance with the

procedures found in 40 CFR part 261,

Appendices I, II, and III, and for pH and

moisture content and report this analysis to

the DEQ within 30 days of receipt of

analytical results. This data shall be included

in the initial baseline report required in

paragraph 10.

4. Molex shall conduct waste analysis for

a representative composite sample from each

shipment of sludge prior to shipment for

reclamation for the following parameters:

Total copper, nickel, lead, tin, zinc; pH; and

moisture content; to be reported in

milligrams per kilogram dry weight.

5. The DEQ reserves the right to require

additional waste analysis based on the results

of any waste analysis performed on the

sludges, including any testing conducted by

the DEQ.

6. Molex shall maintain records of test

results, waste analyses and other

determinations made in accordance with this

temporary variance.

7. Within sixty days of the date of issuance

of this variance, Molex shall notify the DEQ

of the name, address, and facility contact for

each facility to which material is sent for

reclamation and provide a description of the

processing to be done on the sludge,

including specifications on material which

the facility will accept for processing.

8. Molex shall maintain non-hazardous

waste manifests identifying the specific

shipment by an individual number, the date

on which the material was shipped and

confirmation from the reclamation facility of

the date on which the shipment is received.

9. The sludges containing nickel and

copper destined for reclamation pursuant to

this temporary variance shall not be

accumulated at the facility for longer than

180 days. The sludge containing tin/lead

destined for reclamation pursuant to this

temporary variance shall be stored in closed

containers which are clearly marked to

identify the contents and the date on which

accumulation in the container began.

Containers shall be stored in a secure

location, inspected on a weekly basis, and

otherwise managed to prevent any exposure

to the environment. Materials subject to this

variance shall be transported in accordance

with U.S. Department of Transportation

requirements for hazardous materials,

including use of a non-hazardous waste

manifest.

10. Within 60 days of the date of issuance

of this variance, Molex shall provide an

initial report in accordance with Attachment

1 describing baseline data for: (a) the

combined treatment system for the most

recent 12 month period prior to

implementation of the segregated treatment

system, including a description of the

wastewater treatment process, estimated

daily average metals mass loading and pH
59334 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules

measurement in the effluent discharge,

capital and operating costs of the combined

treatment system, volume and fate of the

sludge, TCLP and total metals analysis of the

sludge if previously done, reclamation value

of the sludge and the associated costs to

Molex for the storage, transportation, and

reclamation of the sludge, and (b) the

segregated treatment system including

descriptions of each wastewater treatment

process, capital costs of the segregated

treatment system, the proposed volume and

fate of the sludge, and an estimate of the cost

to transport and treat or dispose of the sludge

as hazardous waste based on anticipated

generation rate and transportation and

treatment or disposal costs.

11. Quarterly reports in accordance with

Attachment 2 shall be due on the last day of

the month every three months after the initial

report describing current data for the

segregated treatment system including the

actual daily average mass metals loading in

the facility discharge and associated metal

effluent concentrations including pH

measurements; operating costs of the

segregated treatment system; storage,

recycling volume, and fate of the sludge;

waste analysis of the sludge; and reclamation

value of the sludge and the associated costs

to Molex for the storage, transportation, and

reclamation of the sludge.

12. Within 90 days of the end of this two

year temporary variance, Molex shall provide

a final report that: (a) provides an overview

of the demonstration project; (b) incorporates

the initial report and quarterly reports as

appendices; (c) describes the technical

aspects of the project; (d) describes and

quantifies the environmental aspects of the

project; (e) describes and quantifies the

economic aspects of the project, including a

comparison of the mass treatment system to

the segregated treatment system and

calculation of costs saved by this variance.

It Is Further Ordered that Molex shall at all

times remain in compliance with its

Pretreatment Permit #NE0131776 and comply

with all other applicable requirements in

Title 128 and Nebraska law.

It Is Further Ordered that this temporary

variance shall expire two years from the date

signed below. This temporary variance shall

be subject to cancellation at any time for

violation of any of the conditions and

requirements identified in this temporary

variance or refusal to conduct any additional

waste analysis required pursuant to

paragraph 5 above.

By The Director.

Randolph Wood,

Nebraska Department of Environmental

Quality.

[FR Doc. 97–29053 Filed 10–31–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period for Additional Information

Relative to the Status of the Lesser

Prairie-Chicken

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Reopening of public comment

period

SUMMARY: On July 8, 1997, the U.S. Fish

and Wildlife Service (Service) published

a positive 90-day finding on a petition

to list the lesser prairie-chicken

(Tympanuchus pallidicinctus) as

threatened under the Endangered

Species Act of 1973 (Act), as amended,

and requested that any additional

information be submitted by September

8, 1997. The Service has been asked by

the Lesser Prairie-chicken Interstate

Working Group to reopen the comment

period to allow for submission of a

conservation strategy for the lesser

prairie-chicken.

Thus, the Service announces that it

will reopen the comment period to

allow additional time for submission of

information regarding the status,

population trend, distribution, and

habitat use of the lesser prairie-chicken.

DATES: The comment period, which

originally closed on September 8, 1997,

is reopened and now closes on

December 3, 1997. To be considered in

the 12-month finding for this petition,

additional information on the lesser

prairie-chicken should be submitted to

the Service by December 3, 1997.

ADDRESSES: Information, comments, or

questions should be sent to the Field

Supervisor, U.S. Fish and Wildlife

Service, Ecological Services Field

Office, 222 S. Houston, Suite A, Tulsa,

Oklahoma 74127–8909. The petition

finding and supporting data are

available for public inspection by

appointment during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Jerry

Brabander, Field Supervisor, at the

above address, or telephone (918) 581–

7458 ext. 224.

SUPPLEMENTARY INFORMATION: Section

4(b)(3)(A) of the Act (16 U.S.C. 1531 et

seq.), requires that the Service make an

initial finding within 90 days, if

practicable, on whether a petition to list,

delist, or reclassify a species presents

substantial scientific or commercial

information to indicate that the

petitioned action may be warranted. A

petition to list the lesser prairie-chicken

(Tympanuchus pallidicinctus) as

threatened was received by the Service

on October 6, 1995, from the

Biodiversity Legal Foundation, Boulder,

Colorado, and Marie E. Morrissey. On

July 8, 1997 (62 FR 36482), the Service

published a 90-day finding on that

petition. The finding stated that the

petition contained substantial

information to indicate that listing

under the Act may be warranted, and

announced that the Service would

conduct a thorough status review of the

species in conjunction with the affected

states. In addition, the Service requested

that any additional information on

lesser prairie-chicken population

abundance, population trends,

distribution, and use of habitats be

submitted to the Service by September

8, 1997.

On September 3, 1997, the Service

received a request from the Lesser

Prairie-chicken Interstate Working

Group (Working Group) to extend or

reopen the comment period to allow

this group additional time to submit a

Conservation Plan for the lesser prairiechicken. The Working Group stated in

their letter that they are currently

editing the first draft of a conservation

strategy that contains goals, objectives,

and action items that will significantly

reduce the threats to the species.

This notice reopens the comment

period for submission of information on

the status of the species throughout its

range until December 3, 1997. The

Service invites the public to submit

additional information on the

population abundance, population

trends, distribution, use of habitats

including native prairie and cropland,

and factors documented to influence

population abundance, distribution, and

habitat use of lesser prairie-chickens.

Authors

This document was prepared by

Noreen E. Walsh, at the Service’s

Oklahoma Ecological Services Field

Office (see ADDRESSES above).

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531–1544).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

Transportation.