[Federal Register: November 19, 2004 (Volume 69, Number 223)]
[Proposed Rules]               
[Page 67695-67696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no04-18]                         


[[Page 67695]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[RCRA-2004-0009; FRL-7839-2]

 
Land Disposal Restrictions: Site-Specific Treatment Variance for 
Selenium Waste for Chemical Waste Management, Chemical Services LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or Agency) is today 
proposing to grant a site-specific treatment standard variance from the 
Land Disposal Restrictions (LDR) treatment standards for a selenium-
bearing hazardous waste generated by the glass manufacturing industry. 
EPA is proposing to grant this variance because the chemical properties 
of the waste differ significantly from those of the waste used to 
establish the current LDR treatment standard for selenium (5.7 mg/L, as 
measured by the Toxicity Characteristic Leaching Procedure (TCLP)), and 
the petition has adequately demonstrated that the waste cannot be 
treated to meet this treatment standard. In addition, EPA is also 
proposing to modify an existing treatment variance for this same waste 
that has been previously granted to another treatment facility.
    In the ``Rules and Regulations'' section of the Federal Register, 
we are publishing a parallel direct final rule that would grant this 
site-specific treatment variance without prior proposal because we view 
this action as noncontroversial and we anticipate no significant 
adverse comment. We have explained our reasons for this approach in the 
preamble to the direct final rule. If, however, based on today's 
proposed rule, we receive significant adverse comment, we will withdraw 
the direct final action and it 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 the proposed variance must do so at 
this time.

DATES: Written comments must be received by December 20, 2004.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. RCRA-2004-0009. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Comments may be submitted 

electronically, by mail, or through hand delivery/courier. Comments may 
be mailed to the EPA Docket Center--OSWER Docket, Environmental 
Protection Agency, Mailcode: 5305 T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, Attention Docket ID No. RCRA-2004-0009. Follow 
the detailed instructions provided in the SUPPLEMENTARY INFORMATION 
section.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Call Center 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 Juan Parra at (703) 308-0478 or 
parra.juan@epa.gov, Office of Solid Waste (MC 5302 W), U.S. 

Environmental Protection Agency, 1200 Pennsylvania Ave., Washington, DC 
20460.

SUPPLEMENTARY INFORMATION:

I. General Information

    In this document, EPA is proposing to grant a site-specific 
treatment variance from the Land Disposal Restrictions (LDR) treatment 
standards for a selenium-bearing hazardous waste from the glass 
manufacturing industry. This selenium waste will be treated by Chemical 
Waste Management, Chemical Services LLC (CWM). In addition, EPA is 
proposing to modify an existing treatment variance for the same waste 
granted to Heritage Environmental Services LLC. We have explained our 
reasons for these actions in the preamble to the direct final rule. For 
further information, please see the direct final action that is located 
in the ``Rules and Regulations'' section of this Federal Register 
publication.
    EPA has established an official public docket for this action under 
Docket ID No. RCRA-2004-0009. Documents in the official public docket 
are listed in the index list in EPA's electronic public docket and 
comment system, EDOCKET. Documents may be available either 
electronically or in hard copy. Electronic documents may be viewed 
through EDOCKET. Hard copy documents may be viewed at the EPA Docket 
Center--OSWER Docket, Environmental Protection Agency, EPA West 
Building, Room B102, 1301 Constitution Ave NW., Washington, DC. The EPA 
Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Docket 
Center Public Reading Room is (202) 566-1744, and the telephone number 
for the OSWER Docket is (202) 566-0272.
    You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr You can also go to the federal-wide eRulemaking site at http://www.regulations.gov. to submit comments.

    An electronic version of the public docket is available through 
EDOCKET. You may use EDOCKET at http://www.epa.gov/edocket/ to submit 

or view public comments, access the index listing of the contents of 
the official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, select 
``search,'' then key in the appropriate docket identification number.
    Certain types of information will not be placed in EDOCKET. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EDOCKET. EPA's 
policy is that copyrighted material will not be placed in EDOCKET but 
will be available only in printed, paper form in the official public 
docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EDOCKET as EPA receives 
them and without change, unless the comment contains copyrighted 
material, CBI, or other information whose disclosure is restricted by 
statute. When EPA identifies a comment containing copyrighted material, 
EPA will provide a reference to that material in the version of the 
comment that is placed in EDOCKET. The entire printed comment, 
including the copyrighted material, will be available in the public 
docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EDOCKET. Public comments 
that are mailed or delivered to the Docket will be scanned and placed 
in EDOCKET. Where practical, physical objects will be photographed, and 
the photograph will be placed in EDOCKET along with a brief description 
written by the docket staff.
    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment

[[Page 67696]]

period will be marked ``late.'' EPA is not required to consider these 
late comments.

II. Description of Proposed Amendments

    EPA is proposing to grant a variance to Chemical Waste Management, 
Chemical Services LLC (CWM) to stabilize a selenium-bearing waste from 
Guardian Industries Corp. (Guardian) at their RCRA permitted facility 
in Model City, New York. If this proposal is finalized, CWM may treat 
the specific waste to an alternate selenium treatment standard of 28 
mg/L, as measured by the TCLP, for the Guardian waste. CWM may dispose 
of the treated waste in a RCRA Subtitle C landfill, provided they meet 
the applicable LDR treatment standards for any hazardous constituents 
in the waste.
    EPA is also modifying the existing alternative treatment standard 
for the Guardian selenium waste that EPA had previously granted to 
Heritage Environmental Services LLC to be consistent with the levels 
that CWM has demonstrated as BDAT for this selenium waste (69 FR 6567, 
February 11, 2004).

List of Subjects in 40 CFR Part 268

    Environmental protection, hazardous waste, selenium, variance.

    Dated: November 10, 2004.
Thomas P. Dunne,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 04-25717 Filed 11-18-04; 8:45 am]

BILLING CODE 6560-50-P