Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57781

date, nature, and purpose of each

disclosure, as well as the name and

address of the person, organization, or

agency to which the disclosure was

made. Your request for an accounting

should identify each particular record in

question and should be made by writing

to the Foundation, following the

procedures in § 1600.22.

(b) Where accountings are not

required. The Foundation is not

required to provide accountings to you

where they relate to disclosures for

which accountings are not required to

be kept—in other words, disclosures

that are made to employees within the

agency and disclosures that are made

under the FOIA.

(c) Appeals. You may appeal a denial

of a request for an accounting to the

Foundation Executive Director in the

same manner as a denial of a request for

access to records (see § 1600.25) and the

same procedures will be followed.

§ 1600.28 Preservation of records.

The Foundation will preserve all

correspondence pertaining to the

requests that it receives under this

subpart, as well as copies of all

requested records, until disposition or

destruction is authorized by title 44 of

the United States Code or the National

Archives and Records Administration’s

General Records Schedule 14. Records

will not be disposed of while they are

the subject of a pending request, appeal,

or lawsuit under the Act.

§ 1600.29 Fees.

The Foundation will charge fees for

duplication of records under the Privacy

Act in the same way in which it charges

duplication fees under § 1600.10. No

search or review fee will be charged for

any record.

§ 1600.30 Notice of court-ordered and

emergency disclosures.

(a) Court-ordered disclosures. When a

record pertaining to an individual is

required to be disclosed by a court

order, the Foundation will make

reasonable efforts to provide notice of

this to the individual. Notice will be

given within a reasonable time after the

Foundation’s receipt of the order—

except that in a case in which the order

is not a matter of public record, the

notice will be given only after the order

becomes public. This notice will be

mailed to the individual’s last known

address and will contain a copy of the

order and a description of the

information disclosed.

(b) Emergency disclosures. Upon

disclosing a record pertaining to an

individual made under compelling

circumstances affecting health or safety,

the Foundation will notify that

individual of the disclosure. This notice

will be mailed to the individual’s last

known address and will state the nature

of the information disclosed; the person,

organization, or agency to which it was

disclosed; the date of disclosure; and

the compelling circumstances justifying

the disclosure.

Dated: September 20, 2000.

Christopher L. Helms,

Executive Director, Morris K. Udall

Scholarship and Excellence in National

Environmental Policy Foundation.

[FR Doc. 00–24528 Filed 9–25–00; 8:45 am]

BILLING CODE 6820–FN–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 148, 261, 268, 271 and

302

[FRL–6876–2]

RIN 2050–AE49

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste: Inorganic Chemical

Manufacturing Wastes; Land Disposal

Restrictions for Newly Identified

Wastes; and CERCLA Hazardous

Substance Designation and Reportable

Quantities; Proposed Rule; Technical

Correction

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; Technical

correction.

SUMMARY: The Environmental Protection

Agency (EPA) is correcting errors that

appeared in the September 14, 2000

proposed rule (65 FR 55684) that

announced the proposal to amend the

regulations for hazardous waste

management under the Resource

Conservation and Recovery Act (RCRA)

by listing as hazardous three wastes

generated from inorganic chemical

manufacturing processes. This

document creates no new regulatory

requirements. Rather, it corrects minor

editing and formatting errors associated

with the September 14, 2000 Federal

Register document.

DATES: The comment period for the

proposal (65 FR 55684, September 14,

2000) ends on November 13, 2000.

ADDRESSES: If you wish to comment on

the proposed rule (65 FR 55684), you

must send an original and two copies of

the comments referencing docket

number F–2000–ICMP–FFFFF to: RCRA

Information Center, Office of Solid

Waste (5305G), U.S. Environmental

Protection Agency Headquarters, 1200

Pennsylvania Avenue, NW, Washington,

D.C. 20460. Hand deliveries of

comments should be made to RCRA

Information Center, Crystal Gateway I,

First Floor, 1235 Jefferson Davis

Highway, Arlington, VA.

You also may submit comments

electronically by sending electronic

mail through the Internet to: rcradocket@epa.gov. You should identify

comments in electronic format with the

docket number F–2000–ICMP–FFFFF.

You must submit all electronic

comments as an ASCII (text) file,

avoiding the use of special characters

and any form of encryption.

Address requests for a hearing to Mr.

David Bussard at: Office of Solid Waste,

Hazardous Waste Identification Division

(5304W), U.S. Environmental Protection

Agency, 1200 Pennsylvania Avenue,

NW, Washington, D.C. 20460, (703)

308–8880.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA/

Superfund Hotline at (800) 424–9346 or

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

In the Washington, D.C., metropolitan

area, call (703) 920–9810 or TDD (703)

412–3323. For specific aspects of the

rule or the technical corrections, contact

Ms. Gwen DiPietro, Office of Solid

Waste (5304W), U.S. Environmental

Protection Agency, 1200 Pennsylvania

Avenue, NW, Washington, D.C., 20460.

[E-mail address and telephone number:

dipietro.gwen@epa.gov (703–308–

8285).]

SUPPLEMENTARY INFORMATION:

I. Reasons and Basis for Today’s Notice

The Agency in its review of the

September 14, 2000 proposed rule (65

FR 55684) identified formatting and

typographical errors in certain sections

of the preamble and regulations.

Today’s notice corrects these errors.

II. Public Comment Period

Today’s notice does not create any

new regulatory requirements; rather

EPA is publishing these corrections to

enable members of the public to

understand the notice of the proposed

rulemaking more quickly and easily.

EPA believes that the September 14,

2000 notice presented the substance of

the proposed rule, the rationale and the

supporting data clearly enough to allow

interested persons to understand all

aspects of the proposed rule and to

make comments. Consequently, EPA

finds that it is not necessary to extend

the comment period for the proposed

rule. The comment period will still

close on November 13, 2000.

57782 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

III. Docket for the Proposed Rule

If you do not submit comments

electronically, we ask you to voluntarily

submit one additional copy of your

comments on labeled personal computer

diskettes in ASCII (text) format or a

word processing format that can be

converted to ASCII (text). It is essential

to specify on the disk label the word

processing software and version/edition

as well as your name. This will allow us

to convert the comments into one of the

word processing formats we utilize.

Please use mailing envelopes designed

to physically protect the submitted

diskettes. We emphasize that

submission of comments on diskettes is

not mandatory nor will it result in any

advantage or disadvantage to any

commenter.

You should not submit electronically

any confidential business information

(CBI). You must submit an original and

two copies of CBI under separate cover

to: RCRA CBI Document Control Officer,

Office of Solid Waste (5305W), U.S.

EPA, 1200 Pennsylvania Avenue, NW,

Washington, D.C. 20460. Any CBI data

should be specifically and clearly

marked. In addition, please submit a

non-CBI version of your comments for

inclusion in the public record.

Supporting documents in the docket

for this proposal are also available in

electronic format on the Internet: http:/

/www.epa.gov/epaoswer/hazwaste/id/

inorchem/pr2000.htm. We will keep the

official record for this action in paper

form. Accordingly, we will transfer all

comments received electronically into

paper form and place them in the

official record, which also will include

all comments submitted directly in

writing. The official record is the paper

record maintained at the RCRA

Information Center, also referred to as

the Docket.

Our 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. We will not

immediately reply to commenters

electronically other than to seek

clarification of electronic comments that

may be corrupted in transmission or

during conversion to paper form, as

discussed above.

You may view public comments and

supporting materials in the RCRA

Information Center (RIC), located at

Crystal Gateway I, First Floor, 1235

Jefferson Davis Highway, Arlington, VA.

The RIC is open from 9 a.m. to 4 p.m.,

Monday through Friday, excluding

federal holidays. To review docket

materials, we recommend that you make

an appointment by calling 703–603–

9230. You may copy a maximum of 100

pages from any regulatory docket at no

charge. Additional copies cost $0.15/

page.

List of Subjects

40 CFR Part 148

Environmental protection,

Administrative practice and procedure,

Hazardous waste, Reporting and

recordkeeping requirements, Water

supply.

40 CFR Part 261

Environmental protection, Hazardous

materials, Waste treatment and disposal,

Recycling.

40 CFR Part 268

Environmental protection, Hazardous

materials, Waste management,

Reporting and recordkeeping

requirements, Land Disposal

Restrictions, Treatment standards.

40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous material transportation,

Hazardous waste, Indian-lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

40 CFR Part 302

Environmental protection, Air

pollution control, Chemicals,

Emergency Planning and Community

Right-to-Know Act, Extremely

hazardous substances, Hazardous

chemicals, Hazardous materials,

Hazardous materials transportation,

Hazardous substances, Hazardous

wastes, Intergovernmental relations,

Natural resources, Reporting and

recordkeeping requirements, Superfund,

Waste treatment and disposal, Water

pollution control, Water supply.

Dated: September 19, 2000.

Matt Hale,

Deputy Director, Office of Solid Waste.

The following corrections are made in

the preamble to FRL–6864–5,

Identification and Listing of Hazardous

Waste: Inorganic Chemical

Manufacturing Wastes; Proposed Rule,

published in the Federal Register on

September 14, 2000 (65 FR 55684):

1. On page 55684, in the second

column, first full paragraph, in the

ADDRESSES Section, change the

electronic mail address for the docket

from ‘‘rcradocket@epamail.epa.gov’’ to

‘‘rcra-docket@epa.gov.’’

2. On page 55687, in the first column,

in Section C, in the second paragraph

the appropriate quotes and indentations

were missing. The entire Section C is

reprinted below with the appropriate

corrections:

C. What Is the Consent Decree Schedule

for and Scope of This Proposal?

The 1984 Hazardous and Solid Waste

Amendments (HSWA) to RCRA require

EPA to make listing determinations for

several specified categories of wastes,

including ‘‘inorganic chemical industry

wastes’’ (see RCRA section 3001(e)(2)).

In 1989, the Environmental Defense

Fund (EDF) filed a lawsuit to enforce

the statutory deadlines for listing

decisions in RCRA Section 3001(e)(2).

(EDF v. Browner; D.D.C. Civ. No. 89–

0598). To resolve most of the issues in

the case, EDF and EPA entered into a

consent decree, which has been

amended several times to revise

deadlines for EPA action. Paragraph 1.g

(as amended) of the consent decree

addresses the inorganic chemical

industry:

‘‘EPA shall promulgate a final listing

determination for inorganic chemical

industry wastes on or before October 31,

2001. This listing determination shall be

proposed for public comment on or before

August 30, 2000. The listing determination

shall include the following wastes: sodium

dichromate production wastes, wastes from

the dry process for manufacturing

phosphoric acid, phosphorus trichloride

production wastes, phosphorus pentasulfide

production wastes, wastes from the

production of sodium phosphate from wet

process phosphoric acid, sodium chlorate

production wastes, antimony oxide

production wastes, cadmium pigments

production wastes, barium carbonate

production wastes, potassium dichromate

production wastes, phenyl mercuric acetate

production wastes, boric acid production

wastes, inorganic hydrogen cyanide

production wastes, and titanium dioxide

production wastes (except for chloride

process waste solids). However, such listing

determinations need not include any wastes

which are excluded from hazardous waste

regulation under section 3001(b)(3)(A)(ii) of

RCRA and for which EPA has determined

that such regulation is unwarranted pursuant

to section 3001(b)(3)(C) of RCRA.’’

Today’s proposal satisfies EPA’s duty

under paragraph 1.g to propose

determinations for inorganic chemical

industry wastes.

As described above, the consent

decree provides that EPA does not need

to make listing determinations for

certain wastes that it has exempted from

hazardous waste regulations under the

‘‘Bevill amendments’’ to RCRA. See the

discussion of ‘‘exempt mineral

processing’’ wastes in section III.B.1

below.

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57783

3. On page 55693, in Section 4.

Evaluation of Secondary Materials, in

the first paragraph, enclose ‘‘40 CFR

261.2(e)’’ in parenthesis.

4. On page 55720, Table III–12 was

incorrectly formatted. Table III–12

should read as follows:

57784 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

5. On page 55721, Table III–13, incorrect values were identified for the ‘‘Adult HQ’’ and ‘‘Child HQ’’ for cadmium.

Table III–13 should read as follows:

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57785

6. On page 55729, Table III–21, in the fourth row ‘‘Tote bin wash water’’, the formatting for the reported hazard

codes and the sequential management practices were not aligned correctly. Table III–21 should read as follows:

57786 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

7. On page 55731, Table III–22, in the second row ‘‘Initial washout water from reactor’’, the formatting for the

reported hazard codes and the sequential management practices were not aligned correctly. Table III–22 should read

as follows:

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57787

8. On page 55736, in Table III–28 a typographical error occurred in the first row of the table. Change ‘‘5E–08’’

to ‘‘6E–08’’ as the value under Adult HQ for, zinc for the 90th percentile. As corrected, Table III–28 is as follows:

9. On page 55737, Table III–30 was incorrectly formatted. Table III–30 should read as follows:

57788 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

10. On page 55747, in Table III–38 a typographical error was identified. Change ‘‘0.003’’ to ‘‘0.006’’ for the Child

HQ for antimony for the 95th percentile. A corrected Table III–38 is as follows:

11. On page 55751, in the first

column, in section (6), a dash and an

indentation were missing. The corrected

text should read as follows:

(6) Recovered solids from the reaction

area. Housekeeping results in the

collection of coke and ore solids from

the vicinity of the reaction area.

These wastes are Beville exempt.

—In one case, the facility conducts some

processing of their ferric chloride waste acid

(which is subsequently sold as a water and

wastewater reagent), and generates a solids

stream. We consider the processing that this

facility conducts to be either an ancillary

process or chemical manufacturing, and thus

the subsequent solids stream is not generated

from mineral processing and therefore is not

exempt.

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57789

12. On page 55762, Table III–55 was not correctly formatted. The last entry, ‘‘2378–TetraCDD Equivalent’’ should

be separated from other entries with a double line to designate the fact that it is a calculated value. Table III–55

should read as follows:

13. On pages 55775–55776, in section

‘‘C. Paperwork Reduction Act’’ in the

last paragraph EPA reported the three

year burden estimates as opposed to the

annual burden estimate. The corrected

text should read as follows:

The total annual respondent burden

and cost for all existing paperwork

associated with this proposed rule

presented here represents the

incremental increase in paperwork

burden under four existing Information

Collection Requests (ICRs). We estimate

the total annual respondent burden for

all information collection activities to be

approximately 150 hours, at an annual

cost of approximately $6,819.

The following corrections are made to

the text of the proposed rules in FRL–

6864–5, Identification and Listing of

Hazardous Waste: Inorganic Chemical

Manufacturing Wastes; proposed rule,

published in the Federal Register on

September 14, 2000 (65 FR 55684):

1. On page 55778, in the third

column, amendatory instruction 2,

showing amendments to § 148.18

incorrectly refers to ‘‘§ 148.19’’ in the

regulatory heading. The correct text is:

§ 148.18 Waste specific prohibitions—

newly identified wastes.

* * * * *

2. On page 55779, the amendments to

the tables in § 261.32, appendices VII

and VIII were incorrectly formatted.

Amendatory instructions 5, 6, and 7 and

the tables should read as follows:

57790 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

5. In § 261.32, the table is amended by adding in alphanumeric order (by the first column) the following wastestreams

to the subgroup ‘‘Inorganic Chemicals’’ to read as follows:

§ 261.32 Hazardous waste from specific sources.

* * * * *

* * * * * * *

6. Appendix VII to Part 261 is amended by adding the following wastestreams in alphanumeric order (by the

first column) to read as follows:

* * * * *

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57791

7. Appendix VIII to Part 261 is amended by adding in alphabetical sequence of common name the following entries:

3. On page 55780, in § 268.40 in the Table—Treatment Standards for Hazardous Wastes—there are two errors. For

the row K177, lead, change the wastewater concentration from 0.60 to 0.69 and correct the formatting for the CAS

number, and concentrations for the first and second common names under K178. The corrected table reads as follows:

§ 268.40 Applicability of treatment

standards.

* * * * *

57792 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57793

57794 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

[FR Doc. 00–24573 Filed 9–25–00; 8:45 am]

BILLING CODE 6560–50–C