Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices 11089

1See 54 FR 36592 September 1, 1989 and 55 FR

2322 January 23, 1990.

2Final Regulatory Determination on Special

Wastes from Mineral Processing (56 FR 27300 June

13, 1991).

Dated: February 15, 1995.

Loretta M. Ucelli,

Associate Administrator, Office of

Communications, Education, and Public

Affairs.

[FR Doc. 95–5027 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5163–1]

Ores and Minerals; Additional Data

Available on Wastes From Extraction

and Beneficiation

AGENCY: Environmental Protection

Agency.

ACTION: Notice of availability.

SUMMARY: This notice announces the

availability of technical documents

issued by the Agency concerning wastes

from non-coal extraction and

beneficiation. Focused on selected

mineral sectors, these documents

update and supplement the information

contained in the Agency’s December

1985, Report to Congress on Wastes

from the Extraction and Beneficiation of

Metallic Ores, Phosphate Rock,

Asbestos, Overburden from Uranium

Mining, and Oil Shale. The documents

were developed over the past four years,

and take into account public comments

received during that time. Therefore, the

Agency is not soliciting comments on

the information described in this notice,

and is not reopening the comment

period on the Report to Congress.

ADDRESSES: This information is

available on paper at the RCRA docket,

EPA Headquarters, Washington, DC and

all EPA Regional Libraries. Copies of the

documents may also be purchased from

the National Technical Information

Service at (703) 487–4650 or (800) 553–

NTIS.

The RCRA public docket room is

located at EPA Headquarters, 401 M

Street SW., Washington, D.C., Room

M2616, 2nd floor, Waterside Mall and is

available for viewing 9:00 a.m. to 4:00

p.m. Monday through Friday, excluding

federal holidays. Public review of the

docket materials is by appointment

only. Call (202) 260–9327. The

documents are located under docket

number F–95–MTDA–FFFFF.

As part of an interagency

‘‘streamlining’’ initiative, EPA is making

this notice and most of the supporting

documents available electronically.

They can be accessed in electronic

format on the Internet System through:

EPA Public Access Gopher Server: Go

to: gopher.epa.gov; From the main

menu, choose ‘‘EPA Offices and

Regions’’; Next choose ‘‘Office of Solid

Waste and Emergency Response

(OSWER)’’; Finally choose ‘‘Office of

Solid Waste/Other Wastes/Bevill

Amendment-Mining Waste.’’

Through FTP: Go to: ftp.epa.gov;

Login: anonymous; Password: Your

Internet Address; Files are located in

/pub/gopher. All OSW files are in

directories beginning with OSW.

Through MOSAIC: Go to: http://

www.epa.gov; Choose the EPA Public

Access Gopher; From the main (Gopher)

menu choose ‘‘EPA Office and Regions’’;

Next choose ‘‘Office of Solid Waste and

Emergency Response (OSWER)’’;

Finally, choose ‘‘Office of Solid Waste/

Other Wastes/Bevill AmendmentMining Waste.’’

Through Dial-up Access: Dial 919–

558–0334; Choose EPA Public Access

Gopher; From the main (Gopher) menu

choose ‘‘EPA Offices and Regions’’; Next

choose ‘‘Office of Solid Waste and

Emergency Response (OSWER)’’; Then

choose ‘‘Office of Solid Waste/Other

Wastes/Bevill Amendment-Mining

Waste.’’

EPA is interested in learning whether

people have obtained these documents

electronically and what their

experiences were in doing so. You are

encouraged to provide feedback on the

electronic availability of these

documents by sending E-mail to OSWPilot@epamail.epa.gov.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA/

Superfund Hotline at (800) 424–9346;

for technical information contact Bonnie

Robinson (5302W), U.S. Environmental

Protection Agency SW., Washington,

D.C. 20460, (703) 308–8429 or by

sending an E-mail to:

Robinson.Bonnie@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Regulatory Activities

RCRA Section 3001(b)(3)(A)(i-iii)

(‘‘the Bevill Exemption’’) exempted

among other things solid wastes from

the ‘‘extraction, beneficiation, and

processing of ores and minerals’’ from

regulation under RCRA Subtitle C,

pending completion of a Report to

Congress and a subsequent regulatory

determination of whether such

regulation is warranted. In particular,

Section 8002 (f) and (p) of RCRA

required EPA to conduct a detailed and

comprehensive study and submit a

Report to Congress on the adverse

effects on human health and the

environment, if any, of the disposal of

these wastes.

EPA published the Report to Congress

on Wastes from the Extraction and

Beneficiation of Metallic Ores,

Phosphate Rock, Asbestos, Overburden

from Uranium Mining, and Oil Shale in

December, 1985. This report addresses

wastes from the extraction and

beneficiation of metallic ores (with

special emphasis on copper, gold, iron,

lead, silver, and zinc), uranium

overburden, and the nonmetals asbestos

and phosphate rock. EPA selected these

mining industry segments because they

generate large quantities of wastes that

are potentially hazardous.

On July 3, 1986 (51 FR 24496) EPA

published a regulatory determination

based on the findings of the Report to

Congress. These findings concluded that

non-coal extraction and beneficiation

mining wastes should be regulated as

solid wastes under RCRA Subtitle D,

rather than as hazardous wastes under

RCRA Subtitle C.

The Agency has also promulgated

rules that identify mineral processing

wastes that meet the exemption criteria

of being high-volume and low-hazard 1.

With the exception of 20 wastes, the

majority of the mineral processing

wastes do not meet this criteria and are

subject to Subtitle C hazardous waste

regulations 2. Today’s notice focuses on

the release of information concerning

non-coal extraction and beneficiation

wastes and references no new mineral

processing information. For more

information on Mineral Processing

Wastes, consult the RCRA docket (#F–

90–RMPA–FFFF).

B. Non-Regulatory Activities

Since 1985, the Agency has collected

information on selected mineral sectors

to update and supplement the 1985

Report to Congress. EPA has been

working closely with States, public

interest groups, and industry to solicit

input on waste management approaches

and to gather information. Since the

Report to Congress on Wastes from the

Extraction and Beneficiation of Metallic

Ores, Phosphate Rock, Asbestos,

Overburden from Uranium Mining, and

Oil Shale was published in 1985, the

Agency has conducted site visits and

prepared case study reports on waste

generation and management practices of

operating mines. Additionally, the

Agency has compiled reports on the

selected mineral sectors and has

provided research grants to support

continued study of the environmental

impacts of non-coal mining, as well as

current waste management and

engineering practices. This new

information is described in today’s

notice.
11090 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices

II. Description of Information

A complete list of the information

described below is available from the

RCRA Docket at the address and

telephone number listed above. The

new data include:

Technical Resource Documents—

Mineral Sectors

The Agency has prepared technical

resource documents on extraction and

beneficiation practices of various

mineral sectors. Each of the following

documents contains a summary of

current literature on waste management

practices in the sector and site visit

reports of operating mines. These

documents have been peer reviewed by

state representatives, federal land

management agencies, mining

companies, and public interest groups.

Where appropriate, the reviewers’

comments have been incorporated into

each document. These documents will

be available in Spanish in May 1995: (1)

TRD Vol.1: Lead-Zinc (NTIS PB94–

170248); (2) TRD Vol.2: Gold (NTIS

PB94–170305); (3) TRD Vol.3: Iron

(NTIS PB94–195203); (4) TRD Vol.4:

Copper (NTIS PB94–200979); (5) TRD

Vol.5: Uranium (NTIS PB94–200987);

(6) TRD Vol.6: Gold Placer (NTIS PB94–

201811); and (7) TRD Vol.7: Phosphate

& Molybdenum (NTIS PB94–201001).

Technical Reports—Mining Waste

Management and Engineering Practices

These documents discuss current

mining waste management and

engineering practices. These documents

have been peer reviewed by state

representatives, federal land

management agencies and mining

companies. Where appropriate, the

reviewers’ comments have been

incorporated into each document.

Additionally, the WASTE database will

be available in the RCRA docket and

electronically, however, it will be

unavailable at NTIS. These documents

will be available in Spanish in May

1995: (1) Innovative Methods of

Managing Environmental Releases at

Mine Sites (NTIS PB94–170255); (2)

Design and Evaluation of Tailings Dams

(NTIS PB94–201845); (3) Treatment of

Cyanide Heap Leaches & Tailings (NTIS

PB94–201837); (4) Acid Mine Drainage

Prediction (NTIS PB94–201829); and (5)

WASTE: An Information Retrieval

System for Mill Tailings References

(NOT AT NTIS).

Other Mining Documents

The following documents provide

historical context for EPA’s mine waste

activities. The Report to Congress and

Strawman II documents are currently

not available in electronic format but

will be made available at a later date:

Report to Congress on Wastes from the

Extraction and Beneficiation of Metallic

Ores, Phosphate Rock, Asbestos,

Overburden from Uranium Mining, and

Oil Shale (NTIS PB88–162631);

Strawman II (NTIS PB91–178418); U.S.

EPA Mine Waste Policy Dialogue

Committee Meeting Summaries and

Supporting Material (NTIS PB95–

122529).

The Agency is also developing

additional technical reports on waste

rock piles, subaqueous disposal of mine

tailings, model mines, and

phosphogypsum waste piles.

Dated: February 23, 1995.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 95–5023 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–P

[OPP–30000/48F; FRL–4939–7]

Granular Carbofuran; Final Decision

To Deny Reinstatement of the Corn

and Sorghum Uses and To Grant

Conditional Extension of Phase-Out

Period for Use on Rice; Summary of

Public Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This Notice announces EPA’s

decision to deny reinstatement of the

use of the granular insecticide

carbofuran on corn and sorghum, and to

grant a limited extension of use on rice.

This Notice also summarizes the public

comments received in response to the

Agency’s proposal of these actions (59

FR 17530, April 13, 1994).

FOR FURTHER INFORMATION CONTACT: By

mail: Margaret Rice, Special Review and

Reregistration Division (7508W), Office

of Pesticide Programs, U.S.

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Special Review Branch, Rm. WF32N4,

Crystal Station #1, 2800 Crystal Drive,

Arlington, Virginia, (703) 308–8039.

SUPPLEMENTARY INFORMATION:

I. Background

In the Federal Register of April 13,

1994 (59 FR 17530), EPA proposed to

deny reinstatement of the use of

granular carbofuran on corn and

sorghum, to extend the use on rice with

restrictions, for a limited time period,

and offered incentives for the

registration of reduced risk alternatives

to control rice water weevil. The

Agency’s proposal was in response to

FMC Corporation and grower groups’

requests that the phase-out scheduled

for these three uses be extended beyond

the limits established in the negotiated

settlement agreement that concluded the

Special Review of granular carbofuran

in 1991.

The Agency’s April 1994 notice

outlined the arguments put forth by

FMC Corp in support of their request, as

well as the rationale for EPA’s proposed

decision, and allowed 90 days for public

comment. Readers are referred to the

proposed decision (59 FR 17530, April

13, 1994) for a detailed summary of the

regulatory history and legal background

of the granular carbofuran Special

Review and negotiated settlement

agreement.

II. EPA’s Findings

The following summarizes the

Agency’s findings regarding the risks

and benefits resulting from the use of

granular carbofuran. With regard to

risks, the Agency finds:

1. Carbofuran is highly acutely toxic

to birds.

2. One granule can kill a small bird.

3. Proper agricultural use of

carbofuran results in granules available

to birds.

4. Birds are directly exposed to

carbofuran by picking up and ingesting

granules. Predatory and scavenging

birds are secondarily exposed when

they eat the organisms that were directly

exposed.

5. Many birds have been killed by

proper use of granular carbofuran. This

has been documented in 8 field studies

and over 90 separate poisoning

incidents, which demonstrate

widespread and repeated mortality to

many species, including migratory,

threatened and endangered species.

Incidents of both primary and secondary

poisonings have been observed and

documented in many different

geographic areas, associated with many

different use sites, times of year, and

under varying environmental

conditions.

6. The Agency continues to receive

reports of bird kills from granular

carbofuran. Twenty three additional

wildlife kill incidents have been

reported to EPA since the conclusion of

the Special Review in 1991. Three were

attributed to granular formulations; the

other 20 incident reports did not specify

which formulation was involved.

Species killed include a bald eagle,

Canada geese, red-tailed hawks, and

numerous other species.

7. Based on available data, carbofuran

presents a greater risk to birds than

alternative chemical control methods.

8. It has not been demonstrated that

there are any conditions under which