[Federal Register Volume 62, Number 217 (Monday, November 10, 1997)]
[Proposed Rules]
[Pages 60465-60467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[FRL-5919-9]
RIN 2050 AEO5


Land Disposal Restrictions Phase IV: Second Supplemental Proposal 
on Treatment Standards for Metal Wastes and Mineral Processing Wastes, 
Mineral Processing and Bevill Exclusion Issues, and the Use of 
Hazardous Waste as Fill; Notice of Data Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Data Availability.

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SUMMARY: Since publication of the Land Disposal Restrictions (LDR) 
Phase IV Second Supplemental Proposal (62 FR 26041; May 12, 1997), EPA 
has received additional capacity information which will be considered 
in determining the need for national capacity variances for the final 
Phase IV rule. National capacity variances extend the effective date of 
the LDR treatment standards for a period of time not to exceed two 
years for hazardous wastes for which there are insufficient treatment 
capacity on a nationwide basis. The Agency is making available to the 
public this new data concerning a two-year national capacity variance 
for three wastes generated by FMC Corporation at its facility located 
in Pocatello, Idaho. Comments are requested on the data and the public 
has 15 days from publication of this notice to comment on the 
additional information.

[[Page 60466]]

    Readers should note that only comments about the new information 
discussed in this notice will be considered during the comment period. 
Issues related to the Phase IV proposed rule (60 FR 43654; August 22, 
1995), the Phase IV Supplemental Proposal on mineral processing wastes 
(61 FR 2337; January 25, 1996), the first Phase IV Notice of Data 
Availability (61 FR 26041; May 10, 1996), the Phase IV final rule (the 
``Minirule;'' 62 FR 25998; May 12, 1997), and the Phase IV Second 
Supplemental Proposed Rule (62 FR 26041; May 12, 1997), that are not 
discussed in this Notice of Data Availability, are not open for further 
comment.

DATES: Comments are due by November 25, 1997.

ADDRESSES: To submit comments, the public must send an original and two 
copies to Docket Number F-97-2P4A-FFFFF, RCRA Information Center (RIC), 
U.S. Environmental Protection Agency (5305W), 401 M Street, SW, 
Washington, DC 20460. The RIC is located at 1235 Jefferson Davis 
Highway, First Floor, Arlington, Virginia. Comments may also be 
submitted electronically by sending electronic mail through the 
Internet to: <a href="/cdn-cgi/l/email-protection#c5b7a6b7a4e8a1aaa6aea0b185a0b5a4a8a4aca9eba0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="dba9b8a9baf6bfb4b8b0beaf9bbeabbab6bab2b7f5beabbaf5bcb4ad">[email protected]</span></a>. Comments in electronic format 
should also be identified by the docket number F-97-2P4A-FFFFF. All 
electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption.
    Commenters should not submit electronically any confidential 
business information (CBI). An original and two copies of CBI must be 
submitted under separate cover to: RCRA CBI Document Control Officer, 
Office of Solid Waste (5305W), U.S. EPA, 401 M Street, SW, Washington, 
DC 20460.
    Public comments and supporting materials are available for viewing 
in the RIC. The RIC is open for public inspection and copying of 
supporting information for RCRA rules from 9:00 am to 4:00 pm Monday 
through Friday, except for Federal holidays. The public must make an 
appointment to review docket materials by calling (703) 603-9230. The 
public may copy a maximum of 100 pages from any regulatory document at 
no cost. Additional copies cost $0.15 per page. For information on 
accessing paper and/or electronic copies of the document, see the 
Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: For general information or to order 
paper copies of this Federal Register document, call the RCRA Hotline. 
Callers within the Washington, Metropolitan Area must dial 703-412-9810 
or TDD 703-412-3323 (hearing impaired). Long-distance callers may call 
1-800-424-9346 or TDD 1-800-553-7672. The RCRA Hotline is open Monday-
Friday, 9:00 a.m. to 6:00 p.m., Eastern Standard Time. For other 
information on this notice, contact Bill Kline (5302W), Office of Solid 
Waste, 401 M Street, SW, Washington, DC 20460, phone 703-308-8440.

SUPPLEMENTARY INFORMATION:

    The data is also available in electronic format on the Internet. 
Follow the instructions below to access the data. Files are located in 
/pub/epaoswer.

WWW: http://www.epa.gov/epaoswer/hazwaste/ldr
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address

    The official record for this action will be kept in paper form. 
Accordingly, EPA will transfer all comments received electronically 
into paper form and place them in the official record, which will also 
include all comments submitted directly in writing. The official record 
is the paper record maintained at the address in ADDRESSES at the 
beginning of this document.
    EPA responses to comments, whether the comments are written or 
electronic, will be in a notice in the Federal Register or in a 
response to comments document placed in the official record for this 
rulemaking. EPA will not immediately reply to commenters electronically 
other than to seek clarification of electronic comments that may be 
garbled in transmission or during conversion to paper form, as 
discussed above.

Notice of Data Availability

    EPA proposed the Phase IV rule in three parts (the original 
Proposed Rule, 60 FR 43654, August 22, 1995; the First Supplemental 
Proposed Rule, 61 FR 2338, January 25, 1996; and the Second 
Supplemental Proposed Rule, 62 FR 26041, May 12, 1997), and issued a 
Notice of Data Availability (61 FR 21418, May 10, 1996).
    In the May 10, 1996 Notice of Data Availability, EPA discussed the 
possibility of a two-year national capacity variance for three large 
volume toxicity characteristic (TC) hazardous metal wastewater streams 
(Medusa Scrubber Blowdown, Anderson Filter Media Rinsate, and Furnace 
Building Washdown) generated by FMC Corporation at its Pocatello, Idaho 
facility. At the time of the notice, FMC argued that these three 
wastewaters pose unique treatability problems because of elemental 
phosphorous contamination and naturally occurring radioactive material 
(NORM). FMC maintained that no treatment, storage, or disposal facility 
(TSDF) could handle the waste streams. FMC requested a two-year 
national capacity variance to develop and construct on-site treatment 
capacity for these three wastewater streams to comply with Phase IV 
when it is promulgated.
    In response to the Second Supplemental Proposed Rule (62 FR 26041, 
May 12, 1997), FMC submitted another comment to EPA, with new 
information identifying three other waste streams (NOSAP Slurry, 
Precipitator Slurry, and Phossy Water) at its Pocatello, Idaho facility 
that FMC believes would be subject to Phase IV LDR requirements should 
the Phase IV rule be promulgated as proposed. FMC requested that a two-
year national capacity variance also be granted for these three 
additional waste streams as well. Like the original waste streams, the 
three streams mentioned in the comment are generated in the elemental 
phosphorous production process and contain varying amounts of both NORM 
and elemental phosphorous. According to the first FMC comment, there is 
no current treatment capacity for this composition of materials. 
However, the three additional waste streams are different than the 
original waste streams in that they are defined as nonwastewaters under 
the LDR program (see 40 CFR 268.2(f)).
    According to the FMC comment, the three new waste streams are 
currently managed as D001 and D003 hazardous wastes. In addition, the 
new waste streams could exhibit the TC in the event of process upsets, 
due to the presence of heavy metals. FMC argues that based on its 
survey of off-site treatment facilities for the original three waste 
streams, it likewise will not be able to identify sufficient treatment 
capacity to handle the three additional waste streams. As such, FMC 
believes it will need a two-year national capacity variance to develop 
and construct on-site treatment capacity for these three new waste 
streams to comply with Phase IV.
    EPA is considering the appropriateness of a capacity variance for 
the three additional wastes, i.e., NOSAP Slurry, Precipitator Slurry, 
and Phossy Water, generated at FMC's facility in Pocatello, Idaho. EPA 
specifically requests comment on whether other facilities generate 
these wastes as described by FMC Corporation in their comment, and 
whether or not adequate treatment, recovery, or disposal capacity 
exists for these wastes.

[[Page 60467]]

FMC's documentation, supporting its request for a capacity variance, is 
available to the public and located in the RCRA Information Center 
under Docket Number F-97-2P4P-FFFFF.

List of Subjects in 40 CFR Part 268

    Environmental Protection, Hazardous waste, Reporting and 
recordkeeping requirements.

    Dated: November 4, 1997.
David Bussard,
Acting Director, Office of Solid Waste.
[FR Doc. 97-29621 Filed 11-7-97; 8:45 am]
BILLING CODE 6560-50-P


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