[Federal Register Volume 66, Number 128 (Tuesday, July 3, 2001)]
[Proposed Rules]
[Pages 35124-35126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16427]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63 and 264

[FRL-7002-8]


NESHAP: Standards for Hazardous Air Pollutants for Hazardous 
Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to take action on NESHAP: Standards for 
Hazardous Air Pollutants for Hazardous Waste Combustors. The revisions 
make targeted amendments to the regulations for hazardous waste burning 
cement kilns, lightweight aggregate kilns, and incinerators promulgated 
on September 30, 1999 (NESHAP: Final Standards for Hazardous Air 
Pollutants for Hazardous Waste Combustors). The revisions make 
improvements to the implementation of the emission standards, primarily 
in the areas of compliance, testing and monitoring. We are proposing 
these revisions to make it easier to comply with the September 30, 1999 
final rule.

[[Page 35125]]

    In the ``Rules and Regulations'' section of the Federal Register, 
we are amending the September 30, 1999 final rule without prior 
proposal to incorporate these revisions because we view the amendments 
as noncontroversial and anticipate no adverse comment. We have 
explained our reasons for this approach in the preamble to the direct 
final rule. If we receive adverse comment on a distinct amendment, 
however, we will withdraw the direct final action for that amendment 
and the amendment will not take effect. We will address all public 
comments in a subsequent final rule based on this proposed rule. We 
will not institute a second comment period on this action. Any parties 
interested in commenting on any amendment must do so at this time.

DATES: Written comments must be received by August 17, 2001.

ADDRESSES: If you wish to comment on this proposed rule, you must send 
an original and two copies of the comments referencing Docket Number F-
2001-RC4P-FFFFF to: RCRA Information Center (RIC), Office of Solid 
Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA 
HQ), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460-0002; or, (2) if using special delivery, such as overnight 
express service: RIC, Crystal Gateway One, 1235 Jefferson Davis 
Highway, First Floor, Arlington, VA 22202. You may also submit comments 
electronically following the directions in the Supplementary 
Information section below.
    You may view public comments and supporting materials in the RIC. 
The RIC is open from 9 am to 4 pm 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 up to 100 
pages from any regulatory document at no charge. Additional copies cost 
$ 0.15 per page. For information on accessing an electronic copy of the 
data base, see the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Call Center at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired). 
Callers within the Washington Metropolitan Area must dial 703-412-9810 
or TDD 703-412-3323 (hearing impaired). The RCRA Call Center is open 
Monday-Friday, 9 am to 4 pm, Eastern Standard Time. For more 
information on specific aspects of this proposed rule, contact Mr. 
Frank Behan at 703-308-8476, <a href="/cdn-cgi/l/email-protection#593b3c313837773f2b383732193c2938773e362f"><span class="__cf_email__" data-cfemail="a3c1c6cbc2cd8dc5d1c2cdc8e3c6d3c28dc4ccd5">[email protected]</span></a>, or write him at the 
Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: This document concerns NESHAP: Standards for 
Hazardous Air Pollutants for Hazardous Waste Combustors. For further 
information, please see the information provided in the direct final 
action that is located in the ``Rules and Regulations'' section of this 
Federal Register publication.

Submittal of Comments

    You may submit comments electronically by sending electronic mail 
through the Internet to: <a href="/cdn-cgi/l/email-protection#a6d4c5d4c78bc2c9c5cdc3d2e6c3d6c7cbc7cfca88c3d6c788c1c9d0"><span class="__cf_email__" data-cfemail="1d6f7e6f7c3079727e7678695d786d7c707c747133786d7c337a726b">[email protected]</span></a>. You should 
identify comments in electronic format with the docket number F-2001-
RC4P-FFFFF. You must submit all electronic comments as an ASCII (text) 
file, avoiding the use of special characters or any type of encryption. 
The official record for this action will be kept in the paper form. 
Accordingly, we 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 RIC as described above. We may 
seek clarification of electronic comments that are garbled in 
transmission or during conversion to paper form.
    You should not electronically submit 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, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460.
    If you do not submit comments electronically, we are 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 that you specify on the disk label the word 
processing software and version/edition as well as the commenter's 
name. This will allow us to convert the comments into one of the word 
processing formats used by the Agency. Please use mailing envelopes 
designed to protect the diskettes. We emphasize that submission of 
diskettes is not mandatory, nor will it result in any advantage or 
disadvantage to any commenter.

I. Description of Proposed Amendments

    Today's notice proposes specific changes to the NESHAP: Final 
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors 
(Phase I) rule, published September 30, 1999 (64 FR 52828). After 
promulgation, commenters (primarily the regulated community) raised 
numerous issues through informal comments and during litigation 
settlement discussions. After considering the issues raised, we have 
decided to propose for comment a limited number of changes to the Phase 
I final rule, most of the proposed changes relating to compliance and 
implementation of the rule.
    In the ``Rules and Regulations'' section of the Federal Register, 
we are amending the September 30, 1999 final rule without prior 
proposal to incorporate these revisions because we view the amendments 
as noncontroversial and anticipate no adverse comment. We have 
explained our reasons for this approach in the preamble to the direct 
final rule, and do not believe it necessary to repeat those discussions 
here. If we receive adverse comment on a distinct amendment, we will 
withdraw the direct final action for that amendment and the amendment 
will not take effect. We will address all public comments in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting on any amendment must do so at this time.
    For further information, please see the ``Rules and Regulations'' 
section of today's Federal Register publication.

II. How Can I Influence EPA's Thinking on This Rule?

    In developing this rule, we tried to address the concerns of all 
our stakeholders. Your comments will help us improve this rule. We 
invite you to provide different views on options we propose, new 
approaches we haven't considered, new data, how this rule may effect 
you, or other relevant information. We welcome your views on all 
aspects of this rule. Your comments will be most effective if you 
follow the suggestions below:
    <bullet> Explain your views as clearly as possible and why you feel 
that way.
    <bullet> Provide solid technical and cost data to support your 
views.
    <bullet> If you estimate potential costs, explain how you arrived 
at the estimate.
    <bullet> Tell us which parts you support, as well as those you 
disagree with.
    <bullet> Provide specific examples to illustrate your concerns. 
Offer specific alternatives.
    <bullet> Refer your comments to specific sections of the proposal, 
such as the units or page numbers of the preamble, or the regulatory 
sections.

[[Page 35126]]

    <bullet> Make sure to submit your comments by the deadline in this 
notice.
    <bullet> Be sure to include the name, date, and docket number with 
your comments.

List of Subjects

40 CFR Part 63

    Air pollution control, Hazardous substances, Reporting and 
recordkeeping requirements.

40 CFR Part 264

    Air pollution control, Environmental Protection Agency, Hazardous 
waste, Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds.

    Dated: June 18, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-16427 Filed 7-2-01; 8:45 am]
BILLING CODE 6560-50-U


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