41536 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Proposed Rules

performance test under § 63.7(h), a copy

of the full request and the

Administrator’s approval or

disapproval;

(x) All documentation supporting

initial notifications and notifications of

compliance status required by § 63.9;

and

(xi) As required by § 63.10(b)(3),

records of any applicability

determination, including supporting

analyses.

(b) Specific recordkeeping

requirements:

(1) In addition to the general records

required by paragraph (a) of this section,

the owner or operator shall maintain

records for five years from the date of

each record of:

(i) Records of pressure drop across the

venturi if a venturi scrubber is used;

(ii) Records of manufacturer

certification that monitoring devices are

accurate to within 5 percent and of

semiannual calibration;

(iii) Copy of the written maintenance

plan for each air pollution control

device;

(iv) Copy of the fugitive dust control

plan; and

(v) Records of each maintenance

inspection and repair, replacement, or

other corrective action.

(c) All records for the most recent two

years of operation must be maintained

on site. Records for the previous three

years may be maintained off site.

§ 63.1659 Delegation of authorities.

(a) In delegating implementation and

enforcement authority to a State under

subpart E of this part, the authorities

contained in paragraph (b) of this

section shall be retained by the

Administrator and not transferred to a

State.

(b) No authorities are retained by the

Administrator.

§ 63.1660—§ 63.1679 [Reserved]

TABLE 1 OF SUBPART XXX.—GENERAL PROVISIONS APPLICABILITY TO SUBPART XXX

Reference, subpart A general provisions

Applies to

subpart XXX,

§§ 63.1620—

63.1679

Comment

63.1–63.5 ..................................................................................... Yes.

63.6(a)–(g), (i)–(j) ......................................................................... Yes.

63.6(h)(1)–(h)(6), (h)(8)–(h)(9) ..................................................... Yes.

63.7(h)(7) ..................................................................................... No ................ § 63.6(h)(7), use of continuous opacity monitoring system, not

applicable.

63.7 .............................................................................................. Yes.

63.8 .............................................................................................. Yes.

63.9 .............................................................................................. Yes ............... Notification of performance test results changed to a 30-day

notification period.a

63.10 ............................................................................................ Yes ............... Allow changes in dates by which periodic reports are submitted by mutual agreement between the owner or operator

and the State to occur any time after the source’s compliance date.

63.11 ............................................................................................ No ................ Flares will not be used to comply with the emission limits.

63.12–63.15 ................................................................................. Yes.

a Comment applies to §§ 63.1650–63.1679. For §§ 63.1620–63.1649, comment reads ‘‘Notification of performance test results and of opacity

observations changed to a 15-day notification period.’’

[FR Doc. 98–20511 Filed 8–3–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 268

[FRL–6133–9]

RIN 2050 AD38

Land Disposal Restrictions—

Treatment Standards for Spent

Potliners From Primary Aluminum

Reduction (K088); Notice of Data

Availability

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of data availability.

SUMMARY: EPA has received a number of

data sets from which Land Disposal

Restrictions (LDR) may be derived for

EPA Hazardous Waste: K088—Spent

potliners from primary aluminum

reduction. In today’s document, the

Agency is presenting these data sets for

comment in the context of developing a

treatment standard for total arsenic (mg/

kg) in K088 waste.

The public has 10 days from

publication of this document to

comment on these data sets and their

utility in the development of K088

treatment standards. This document

does not reopen for comment any other

LDR Phase III or Phase IV issue.

DATES: Comments on this document

must be submitted by August 14, 1998.

ADDRESSES: To submit comments, the

public must send an original and two

copies to Docket Number F–98–K88A–

FFFFF, located at the RCRA Docket. The

mailing address is: RCRA Information

Center, U.S. Environmental Protection

Agency (5305W), 401 M. Street, SW,

Washington, D.C. 20460. RCRA

Information Center is located at 1235

Jefferson Davis Highway, First Floor,

Arlington, Virginia. The RCRA

Information Center is open for public

inspection and copying of supporting

information for RCRA rules from 9 a.m.

to 4 p.m. Monday through Friday,

except for Federal holidays. The public

must make an appointment to review

docket materials by calling (703) 603–

9230. A maximum of 100 pages may be

copied from any regulatory document at

no cost. Additional copies cost $0.15

per page.

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 a.m. to 6 p.m.,

Eastern Standard Time. For other

information on this document, contact

Elaine Eby (703) 308–8449 or Katrin

Kral at (703) 308–6120, Office of Solid

Waste, Mail Code 5302W, 401 M Street,

SW, Washington, DC 20460.
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Proposed Rules 41537

SUPPLEMENTARY INFORMATION:

A. Paperless Office Effort

EPA is asking prospective

commenters to voluntarily submit one

additional copy of their 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 the commenter’s name. This

will allow EPA to convert the comments

into one of the word processing formats

utilized by the Agency. Please use

mailing envelopes designed to

physically protect the submitted

diskettes. EPA emphasizes that

submission of comments on diskettes is

not mandatory, nor will it result in any

advantage or disadvantage to any

commenter. This expedited procedure is

in conjunction with the Agency

‘‘Paperless Office’’ campaign. For

further information on the submission

of diskettes, contact Elaine Eby of the

Waste Treatment Branch at (703) 308–

8449.

Availability of Rule on the Internet:

Please follow these instructions to

access the rule:

From the World Wide Web (WWW),

type http://www.epa.gov/fedrgstr. For

the text of the document, choose: Year/

Month/Day.

B. Notice of Data Availability

I. Background

K088 (spent potliner from primary

aluminum production)(40 CFR 261.32)

is generated by the aluminum

manufacturing industry. Aluminum

production occurs in four distinct steps:

(1) mining of bauxite ores; (2) refining

of bauxite to produce alumina; (3)

reduction of alumina to aluminum

metal; and (4) casting of the molten

aluminum. Bauxite is refined by

dissolving alumina (aluminum oxide) in

a molten cryolite bath. Next, alumina is

reduced to aluminum metal. This

reduction process requires high purity

aluminum oxide, carbon, electrical

power, and an electrolytic cell. An

electric current reduces the alumina to

aluminum metal in electrolytic cells,

called pots. These pots consist of a steel

shell lined with brick with an inner

lining of carbon. During the pot’s

service the liner is degraded and broken

down. Upon failure of a liner in a pot,

the cell is emptied, cooled, and the

lining is removed. In 1980, EPA listed spent potliners as

a RCRA hazardous waste and assigned

the hazardous waste code K088. See 45

FR 47832 (1980).

The Phase III—Land Disposal

Restrictions Rule (61 FR 15566, April 8,

1996) prohibited the land disposal of

untreated spent potliner unless the

waste satisfied the section 3004(m)

treatment standard established in the

same rulemaking. Phase III established

treatment standards, expressed as

numerical concentration limits, for

various constituents in the waste. These

constituents included arsenic, cyanide,

fluoride, toxic metals, and a group of

organic compounds called polycyclic

aromatic hydrocarbons (PAHs). With the exception of fluoride, the

treatment standard limits established for

K088 were equivalent to the universal

treatment standards, developed ‘‘by

evaluating all existing Agency data from

various technologies.’’ See 61 FR 15585;

see also 40 CFR 268.48 (‘‘Universal

Treatment Standards’’ Table). The

fluoride standard, however, was based

on data submitted in a delisting petition

from the Reynolds Metal Company. In

the Phase III rule, the Agency granted a

nine-month national capacity variance

pursuant to section 3004 (h)(2) ‘‘to allow

facilities generating K088 adequate time

to work out logistics.’’ See 61 FR 15589. Unexpected performance problems in

the Reynolds treatment process resulted

in the generation of leachate exhibiting

characteristics of hazardous waste.

Consequently, the Agency postponed

implementing the land disposal

prohibition for an additional six months

on January 14, 1997 to be able to study

the efficacy of the Reynolds treatment

process and the leachate that was

generated. See 62 FR 1992, January 14,

1997. (At the time, Reynolds was the

only operational commercial treatment

facility for K088.) In July 1997, EPA

announced that, ‘‘Reynolds’’ treatment

(albeit imperfect) does reduce the

overall toxicity associated with the

waste’’ and consequently was an

improvement over the disposal of

untreated spent potliner. See 62 FR

37696, July 14, 1997. On October 8,

1997, the extension ended and the

prohibition on land disposal of

untreated spent potliner took effect. Petitions for judicial review of the

Phase III rule and the January 1997 and

July 1997 rules were filed by Columbia

Falls Aluminum Company, et al. The

petitioners argued that the use of the

Toxicity Characteristic Leaching

Procedure (TCLP) does not accurately

predict the leaching of toxic

constituents, particularly arsenic, to the

environment. The United States Court of

Appeals for the District of Columbia

Circuit decided, on April 3, 1998, that

EPA’s use of the TCLP as a basis for

setting treatment standards for K088

was arbitrary and capricious. The court

consequently vacated the treatment

standards for fluoride and the metals,

including arsenic, which are expressed

only in terms of the TCLP. The Court

also vacated the prohibition on land

disposal. (See Columbia Falls

Aluminum Company, et.al., Petitioners

v. Environmental Protection Agency,

No. 96–1234, D.C. Cir.) In its decision,

the Court expressly invited EPA to file

a motion to delay issuance of the

mandate in this case for a reasonable

time in order to develop a replacement

standard (slip op. p. 21).

On May 18, 1998, EPA filed a motion

with the D.C. Circuit Court to stay the

decision while the Agency promulgated

interim treatment standards under its

Land Disposal Restrictions (LDR)

program. The Court subsequently

granted the Agency until September 24,

1998 to promulgate the aforementioned

interim standards. This Notice of Data

Availability is part of the Agency’s effort

to meet the court deadline of September

24.

II. Description of Data Sets for Total

Arsenic Concentrations in Treated

Potliner

Because the Reynolds treatment

represents virtually all of the available

capacity for potliner treatment and the

actual leachate concentrations of arsenic

as a result of the Reynolds treatment are

not accurately predicted by the test

conditions of the TCLP, the Agency is

developing an alternative treatment

standard for arsenic in K088 waste

based on the total arsenic present. In

this manner, the addition of arseniccontaining additives during treatment

would be prohibited. The Agency has

examined a number of data sets, with

adequate analytical sensitivity, from

which such a standard may be

developed. In this section, the Agency

presents for comment these data sets.

a. Reynolds Performance Data

In April 1998, the Agency received

process performance data from

Reynolds Metals Company. Total

arsenic concentration data (mg/kg) were

generated from grab samples collected

from the kiln residue at Reynolds’ Gum

Springs, Arkansas plant from November

27, 1997 through December 26, 1997.

These data consist of 30 measurements

for total arsenic in treated residue. Total

arsenic concentrations range from 8.77

to 27.6 mg/kg. Quality assurance/quality

control (QA/QC) documentation is

provided with the data. The source(s) of

the potliner is not identified.

The Agency also received a one-page

‘‘Special Laboratory Report’’ (December

6, 1996) showing total arsenic

concentrations (mg/kg) for K088

potliner in both the untreated and

treated forms. The reported total arsenic
41538 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Proposed Rules

concentrations (mg/kg) for these six data

sets are as follows: untreated 5.17,

treated 10.2; untreated 17.9, treated

11.0; untreated 7.89, treated 10.1;

untreated 3.40, treated 8.90; untreated

4.82; treated 10.3; and untreated 8.14,

treated 9.61. No quality assurance/

quality control documentation is

provided with this data. The source(s) of

the potliner is not identified.

b. Ormet Delisting Petition

Data from the Ormet Primary

Aluminum Corporation facility in

Hannibal, Ohio was submitted to EPA in

April 1994. The report, titled Petition

for Exclusion for Vitrified Product From

Spent Potliner, requested a delisting of

their residues from their vitrification

treatment process. The data in the report

include arsenic concentrations found in

five samples, taken from a pilot-scale

combustion melting system (CMS)

vitrification process to treat K088

wastes. Total arsenic concentrations

(mg/kg) in the five treated waste

samples are reported as: <2, <5, <5, <5,

and 4.2. Quality assurance/quality

control documentation for this data set

consists of duplicate samples and

matrix spike recoveries reported for

three of the five samples.

c. Correspondence From Vortec

Corporation

Pursuant to a request by the Agency

for ‘‘totals’’ data from residuals

produced from the vitrification of K088

in Vortec Corporation’s vitrification

process, data was received by the

Agency in a letter from R. Sarah

Compton, Kilpatrick Stockton LLP to

Ms. Marilyn Goode, U.S. Environmental

Protection Agency, dated February 26,

1997. In this letter, total arsenic

concentrations are reported from two

pilot-scale treatability studies

conducted on K088 waste. The first data

set concerned tests conducted on waste

generated by Ravenswood Aluminum.

This data consists of only one datum

point for total arsenic, which was

measured as ‘‘not detected’’ (less than 3

mg/kg total arsenic). The second data set

shows the results of a pilot-scale

treatability study of K088 wastes

generated by Alumax Corporation. Total

arsenic concentrations (mg/kg) for this

data set consist of seven data points: 4,

5, <3, <3, <3, <3, and <3. No quality

assurance/quality control (QA/QC)

documentation is provided for either of

the data sets.

III. Development of Total Arsenic

Treatment Standard

As noted, the Agency is noticing for

comment five data sets, one or more of

which will likely be used to develop a

total arsenic treatment standard for

K088 waste that will be promulgated by

September 24, 1998. The Agency’s Land

Disposal Restrictions Program (LDR) has

specific requirements for any data set

evaluated for possible Best

Demonstrated Available Technology

(BDAT) analysis. A full range of

information is necessary to determine

whether a treatment and its

corresponding performance data

warrants further evaluation for possible

development of the treatment standard.

For example, waste characterization;

treatment design and operating

conditions; and quality assurance/

quality control (QA/QC) documentation

are all necessary components of a

‘‘BDAT quality’’ data set. See USEPA

‘‘Final Best Demonstrated Available

Technology (BDAT) Background

Document for Quality Assurance/

Quality Control Procedures and

Methodology,’’ Office of Solid Waste,

October 23, 1991.

The Agency is currently conducting a

thorough evaluation of the

aforementioned data sets with regard to

the BDAT protocols. If, however, the

Agency were to calculate a treatment

standard from one of these data sets as

they are presented today, a total arsenic

treatment standard for K088 would

range between 5 and 26 mg/kg total

arsenic, depending on the data set.

IV. Documents Supporting This NODA

The documents being placed in the

docket for this NODA include:

1. USEPA, Preliminary Calculation of

Nonwastewater Treatment Standard for

Total Arsenic Found in Spent Potliners

From Primary Aluminum Reduction,

July 1998.

2. Spent Potliner Analytical Data,

Partial Petition for Exclusion, Ormet

Corporations, Hannabil, Ohio. (To view

entire petition, refer to (F–95–PH3P–

S0108 and F–95–PH3P–S0108.a))

3. ‘‘Special Laboratory Report,’’

December 6, 1996. Reynolds Metals

Company.

4. Letter from R. Sarah Compton,

Kilpatrick Stockton LLP to Ms. Marilyn

Goode, U.S. EPA, February 26, 1997.

5. Reynolds Lab Reports, Reynolds

Metals Company, November 27, 1997

through December 26, 1997.

List of Subjects in 40 CFR Part 268

Environmental protection, Hazardous

waste, Reporting and recordkeeping

requirements.

Dated: July 23, 1998.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 98–20607 Filed 8–3–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 43 and 63

[IB Docket No. 98–118, FCC 98–149]

Biennial Review of International

Common Carrier Regulations;

Correction

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; correction.

SUMMARY: This document corrects the

dates that comments and reply

comments are to be filed on a proposed

rule published in the Federal Register

on July 24, 1998, regarding Biennial

Review of International Common Carrier

Regulations.

FOR FURTHER INFORMATION CONTACT:

Douglas Klein, Attorney-Advisor, Policy

and Facilities Branch,

Telecommunications Division,

International Bureau, (202) 418–1470.

Correction: In proposed rule FR Doc.

98–43, beginning on page 39793 in the

Federal Register issue of July 24, 1998,

the DATES section is corrected to read:

DATES: Comments are due on or before

August 13, 1998; and reply comments

are due on or before August 28. Written

comments by the public on the

proposed information collections are

due September 22, 1998.

Dated: July 29, 1998.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–20748 Filed 8–3–98; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 575

[Docket No. 98–3866; Notice 2]

Consumer Information Regulations;

Uniform Tire Quality Grading

Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Extension of comment period.

SUMMARY: This notice grants a request to

extend the comment period on an

agency proposal to amend the Uniform

Tire Quality Grading Standards

(UTQGS) to change the treadwear

grading procedures. Subsequent to