10052 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Proposed Rules

19. In § 156.160, paragraph (c) is

revised to read as follows:

§ 156.160 Supervision by person in

charge.

* * * * *

(c) No person shall transfer oil or

hazardous material to or from a vessel

unless each person in charge can

visually observe the transfer operation

continuously throughout the transfer

and each person in charge is

immediately available to the transfer

personnel.

20. In § 156.170, paragraphs (c)(1)(iv)

and (f)(1) are revised, paragraph (f)(2) is

redesignated as (f)(3) and revised and

new paragraphs (f)(2) and (h) are added

to read as follows:

§ 156.170 Equipment tests and

inspections.

* * * * *

(c) * * *

(1) * * *

(iv) Hoses not meeting the

requirements of paragraph (c)(1)(i) of

this section, may be acceptable after a

static liquid pressure test is successfully

completed in the presence of the COTP.

* * * * *

(f) The frequency of the tests and

inspections required by this section

must be—

(1) For active facilities, annually or

within 30 days of the first transfer

conducted past one year from the date

of the last tests and inspections;

(2) For a facility in caretaker status,

within 30 days of the first transfer after

the facility is removed from caretaker

status; and

(3) For vessels, annually or as part of

the biennial and mid-period

inspections.

* * * * *

(h) Upon the request of the owner or

operator, the COTP may allow

alternative methods of compliance to

the testing requirements of paragraph (c)

of this section if the COTP determines

that the alternative methods provide an

equal level of protection.

Dated: February 14, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–4405 Filed 2–22–95; 8:45 am]

BILLING CODE 4910–14–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 261, 266 and 268

[SW–FRL–5157–8]

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste; Extension of

Comment Period

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: The Environmental Protection

Agency (EPA or Agency) is extending

the comment period for the proposed

rule on standards for the management

and use of slag residues derived from

HTMR treatment of K061, K062, and

F006 wastes, which appeared in the

Federal Register on December 29, 1994

(see 59 FR 67256). This extension of the

comment period is provided to allow

commenters an opportunity to finalize

their data gathering efforts and

comments to the Agency’s proposal.

DATES: EPA will accept public

comments on this proposed decision

until April 14, 1995. Comments

postmarked after the close of the

comment period will be stamped ‘‘late.’’

ADDRESSES: The public must send an

original and two copies of their

comments to EPA RCRA Docket Number

F–94–SRTP–FFFFF, room 2616 (Mail

Code 5305), 401 M Street SW.,

Washington, DC 20460. The docket is

open from 9:00 a.m. to 4:00 p.m.,

Monday through Friday, except on

Federal holidays. Call (202) 260–9327

for appointments. The public may copy

material from any regulatory docket at

no cost for the first 100 pages, and at

$0.15 per page for additional copies.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA

Hotline, toll free at (800) 424–9346, or

at (703) 412–9810. For technical

information concerning this notice,

contact Narendra Chaudhari, Office of

Solid Waste (Mail Code 5304), U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460,

(202) 260–4787.

SUPPLEMENTARY INFORMATION:

I. Background

On December 29, 1994, EPA proposed

to conditionally allow residual materials

(‘‘slags’’) resulting from the high

temperature metal recovery (HTMR)

treatment of specified hazardous wastes

(i.e., electric arc furnace dust, steel

finishing spent pickle liquor, and

electroplating sludges) to be used in

road construction and as an anti-skid/

deicing material on road surfaces. These

slags are generated by HTMR units

processing hazardous wastes solely for

metal recovery pursuant to

§ 266.100(c)—in essence, devices

processing particular hazardous wastes

with high recoverable metal content,

minimal hazardous organic

constituents, and low BTU. EPA’s

proposal was based on the results of a

risk assessment conducted for these

HTMR slags. See 59 FR 67256 for a more

detailed explanation of the Agency’s

proposed action. Of course, until this

proceeding is concluded, EPA has made

no final determination that any of these

slag dispositions are safe.

On January 17 and January 24, 1995,

the Agency received requests from two

commenters to extend the comment

period. Basically, these commenters are

seeking additional time to thoroughly

evaluate all aspects of the risk

assessment used by EPA to support the

proposed rule and also to prepare

written comments based on their

evaluations. Among the issues raised are

whether the slags’ total metal

concentrations are adequately

characterized, and whether risk to

sensitive populations was adequately

considered (see RCRA docket for the

proposed rule). The Agency considered

these commenters’ requests and has

decided to extend the comment period

until April 14, 1995.

One issue not discussed in EPA’s

proposal is whether legitimate recycling

is occurring (and, accordingly, whether

§ 266.20 even applies to these

dispositions of the slags). See 59 FR

48026 (September 19, 1994). Such a

determination typically involves a caseby-case consideration, and the agency

has enumerated relevant factors which

ordinarily play a part in that analysis.

See, e.g., 53 FR 17606 (May 17, 1988).

EPA made no such determination in the

proposal, and does not intend to do so

in this proceeding.

The public comment period for the

proposed rule was originally scheduled

to end on February 13, 1995. This notice

extends the comment period for the

proposed rule to allow commenters an

opportunity to finalize their data

gathering efforts and responses to the

Agency’s proposed decision.

Dated: February 9, 1995.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 95–4289 Filed 2–22–95; 8:45 am]

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