Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Notices 3561

• Mail your comments so that they

will be received in Washington, DC on

or before February 17, 1998.

If you are interested in obtaining

procedural information please write to

the Secretary of the Commission.

Becoming an Intervenor

In addition to involvement in the EA

scoping process, you may want to

become an official party to the

proceeding or become an ‘‘intervenor.’’

Among other things, intervenors have

the right to receive copies of caserelated Commission documents and

filings by other intervenors. Likewise,

each intervenor must provide copies of

its filings to all other parties. If you

want to become an intervenor you must

file a motion to intervene according to

Rule 214 of the Commission’s Rules of

Practice and Procedure (18 CFR

385.214) (see appendix 2).

The date for filing timely motions to

intervene in this proceeding has passed.

Therefore, parties now seeking to file

late interventions must show good

cause, as required by section

385.214(b)(3), why this time limitation

should be waived. Environmental issues

have been viewed as good cause for late

intervention.

You do not need intervenor status to

have your comments considered.

David P. Boergers,

Acting Secretary.

[FR Doc. 98–1588 Filed 1–22–98; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5952–2]

Agency Information Collection

Activities Up for Renewal;

Identification, Listing and Rulemaking

Petitions Information Collection

Request

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

EPA is planning to submit the following

continuing Information Collection

Request (ICR) to the Office of

Management and Budget (OMB):

Identification, Listing and Rulemaking

Petitions ICR Number 1189.05. Before

submitting the ICR to OMB for review

and approval, EPA is soliciting

comments on specific aspects of the

proposed information collection as

described below.

DATES: Comments must be submitted on

or before March 24, 1998.

ADDRESSES: Commenters must send an

original and two copies of their

comments referencing docket number

F–98–ILIP–FFFFF to: RCRA Docket

Information Center, Office of Solid

Waste (5305G), U.S. Environmental

Protection Agency Headquarters (EPA,

HQ), 401 M Street, SW, Washington, DC

20460. Hand deliveries of comments

should be made to the Arlington, VA,

address below. Comments may also be

submitted electronically through the

Internet to: rcradocket@epamail.epa.gov.

Comments in electronic format should

also be identified by the docket number

F–98–ILIP–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 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, it is recommended

that the public make an appointment by

calling (703) 603–9230. The public may

copy a maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $0.15/page. The

index and some supporting materials

are available electronically.

The ICR is available on the Internet.

Follow these instructions to access the

information electronically:

WWW: http://www.epa.gov/epaoswer/

osw/hazwaste.htm#id

FTP: ftp.epa.gov

Login: anonymous

Password: your Internet address

Files are located in /pub/epaoswer

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.

EPA responses to comments, whether

the comments are written or electronic,

will be in a notice in the ‘‘Federal

Register.’’ 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.

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 Jim Kent, Office of Solid Waste

5304W, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460, 703–308–0461,

Kent.Jim@EPAMail.EPA.Gov.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially

affected by this action are rulemaking

petitioners under 40 CFR 260.20(b),

260.21 and 260.22; owners or operators

of enclosed flame combustion devices

requesting a variance under 40 CFR

260.30–33; generating facilities seeking

a hazardous waste exclusion for certain

types of wastes under 40 CFR 261.3 and

261.4; and generators and treatment,

storage and disposal facilities requesting

exemptions from listing as F037 and

F038 wastes under 40 CFR

261.31(b)(2)(ii).

Title: Identification, Listing, and

Rulemaking Petitions ICR Number

1189.05, expires June 30, 1998.

Abstract: Under 40 CFR 260.20(b), all

rulemaking petitioners must submit

basic information with their

demonstrations, including name,

address, and statement of interest in the

proposed action. Under section 260.21,

all petitioners for equivalent testing or

analytical methods must include

specific information in their petitions

and demonstrate to the satisfaction of

the Administrator that the proposed

method is equal to or superior to the

corresponding method in terms of its

sensitivity, accuracy, and

reproducibility. Under section 260.22,

petitions to amend part 261 to exclude

a waste produced at a particular facility

(more simply, to delist a waste) must

meet extensive informational

requirements. When a petition is

submitted, the Agency reviews

materials, deliberates, publishes its

tentative decision in the Federal

Register, and requests public comment.

EPA also may hold informal public

hearings (if requested by an interested

person or at the discretion of the

Administrator) to hear oral comments

on its tentative decision. After

evaluating all comments, EPA publishes

its final decision in the Federal

Register.

40 CFR 260.30, 260.31, and 260.33

comprise the standards, criteria, and

procedures for variances from
3562 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Notices

classification as a solid waste for three

types of materials, materials that are

collected speculatively without

sufficient amounts being recycled;

materials that are reclaimed and then

reused within the original primary

production process in which they were

generated; and materials which have

been reclaimed, but must be reclaimed

further before the materials are

completely recovered. This variance is

available to owners or operators of

enclosed flame combustion devices.

40 CFR 261.33 and 261.4 contain

provisions that allow generators to

obtain a hazardous waste exclusion for

certain types of wastes. Facilities

applying for these exclusions must

either submit supporting information or

keep detailed records. Under section

261.3(a)(2)(iv), generators may obtain a

hazardous waste exclusion for

wastewater mixtures subject to Clean

Water Act regulation. Under section

261.3(c)(2)(ii)(C), generators may obtain

an exclusion for certain non-wastewater

residues resulting from high metals

recovery processing (HTMR) or K061,

K062 and F006 waste. In addition,

under section 261.4(b)(6), generators of

chromium-containing waste may obtain

a hazardous waste exclusion under

certain conditions.

Also addressed under this section is

the shipment of samples between

generators and laboratories for the

purpose of testing to determine its

characteristics or composition. Sample

handlers who are not subject to DOT or

USPS shipping requirements must

comply with the information

requirements of section 261.4(d)(2).

When intended for treatability

studies, hazardous waste otherwise

subject to regulation under Subtitle C of

RCRA is exempted from these

regulations, provided that the

requirements in section 261.4(e)-(f) are

met, including the following

information requests: initial

notification, recordkeeping, reporting,

and final notification. In addition,

generators and collectors of treatability

study samples also may request quantity

limit increases and time extensions, as

specified in section 261.4(e)(3).

40 CFR 261.31(b)(2)(ii) governs

procedures and informational

requirements for generators and

treatment, storage and disposal facilities

to obtain exemptions from listing as

F037 and F038 wastes. Also under this

section are regulations promulgated in

1990 under section 261.35(b) and (c)

governing procedures and information

requirements for the cleaning or

replacement of all process equipment

that may have come into contact with

chlorophenolic formulations or

constituents thereof, including, but not

limited to, treatment cylinders, sumps,

tanks, piping systems, drip pads, fork

lifts, and trams.

EPA anticipates that some data

provided by respondents will be

claimed as Confidential Business

Information (CBI). Respondents may

make a business confidentiality claim

by marking the appropriate data as CBI.

Respondents may not withhold

information from the Agency because

they believe it is confidential.

Information so designated will be

disclosed by EPA only to the extent set

forth in 40 CFR part 2.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9, and in 48 CFR Chapter

15.

EPA would like to solicit comments

to:

(i) Evaluate whether the proposed

collection of information is necessary for the

proper performance of the functions of the

Agency, including whether the information

will have practical utility;

(ii) Evaluate the accuracy of the Agency’s

estimate of the burden of the proposed

collection of information, including the

validity of the methodology and assumptions

used;

(iii) Enhance the quality, utility, and clarity

of the information to be collected; and

(iv) Minimize the burden of the collection

of information on those who are to respond,

including through the use of appropriate

automated electronic, mechanical, or other

technological collection techniques or other

forms of information technology; e.g.,

permitting electronic submission of

responses.

Burden Statement: Burden means the

total time, effort, or financial resources

expended by persons to generate,

maintain, retain, or disclose or provide

information to or for a Federal agency.

This includes the time needed to review

instructions; develop, acquire, install,

and utilize technology and systems for

the purposes of collecting, validating,

and verifying information, processing

and maintaining information, and

disclosing and providing information;

adjust the existing ways to comply with

any previously applicable instructions

and requirements; train personnel to be

able to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

The average annual burden imposed

is approximately 57 hours per

respondent. The average number of

responses for each respondent is 1. The

estimated number of likely respondents

is 330.

Dated: January 14, 1998.

David Bussard,

Director, Hazardous Waste Identification

Division.

[FR Doc. 98–1642 Filed 1–22–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[ER–FRL–5488–3]

Environmental Impact Statements and

Regulations; Availability of EPA

Comments

Availability of EPA comments

prepared January 5, 1998 through

January 9, 1998 pursuant to the

Environmental Review Process (ERP),

under Section 309 of the Clean Air Act

and Section 102(2)(c) of the National

Environmental Policy Act as amended.

Requests for copies of EPA comments

can be directed to the Office of Federal

Activities at (202) 260–5076. An

explanation of the ratings assigned to

draft environmental impact statements

(EISs) was published in FR dated April

11, 1997 (62 FR 16154).

Draft EISs

ERP No. D–FHW–B59000–RI Rating

EC2, Newport Marine Facilities Project,

To Develop the Marine Mode of the

Intermodal Gateway Transportation

Center, Selected siting in various

locations within the City of Newport,

Towns of Middletown and Portsmouth,

Funding, COE Section 404 Permit and

US Coast Guard Permit, Aquidreck

Island, RI.

Summary: EPA requested that

additional information be provided with

respect to water quality, contaminated

sediments and eelgrass to fully disclose

the environmental impacts of the

proposed project.

ERP No. D–NOA–B39035–MA Rating

LO, New Bedford Harbor Environment

Restoration Plan, Implementation,

Acushnet River, Buzzards Bay, MA.

Summary: EPA endorsed the 12

alternatives selected for near term

implementation toward restoration of

the New Bedford Harbor. EPA also

explained that it does not support

activities that would increase or alter

the spacial extent of PCB contamination

as a result of resuspension and that the

agency will continue to work to ensure

that none of the restoration work will

interfere with or delay the ongoing

Superfund work in the harbor.