[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Page 42933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14191]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2022-0967; FRL-10938-01-OLEM]


Variances From the Classification of Solid Waste for HVF Precious 
Metals, LLC (Tucson, AZ)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final decision.

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SUMMARY: The Environmental Protection Agency (EPA) is granting a 
petition for variances from the classification as solid waste for two 
materials produced by HVF Precious Metals, LLC (HVF) at its facility in 
Tucson, Arizona.

DATES: Date of publication is July 5, 2023.

FOR FURTHER INFORMATION CONTACT: For further information regarding the 
Federal Register notice, contact Phoebe O'Connor, Office of Resource 
Conservation and Recovery, Office of Land and Emergency Management, 
(5304T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW, Washington, DC 20460; telephone number: (202) 566-1451; email 
address: [email protected].
    For further information regarding the incoming petition, Statement 
of Basis, and any technical questions, contact Sharon Lin, RCRA Branch; 
Land, Chemicals, and Redevelopment Division, U.S. Environmental 
Protection Agency Region 9, 75 Hawthorne Street, (Mail code LND-4-2), 
San Francisco, CA 94105; telephone number: (415) 972-3446; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 260.30(c) allows the EPA Administrator to determine on a 
case-by-case basis that materials that have been reclaimed but must be 
further reclaimed before the materials are fully recovered are not 
solid wastes. The effect of a variance from the classification of solid 
waste is to exempt the material from RCRA hazardous waste regulations. 
The EPA, after providing for notice and comment (see 88 FR 9277), is 
finalizing its response to a petition submitted by HVF on July 26, 2022 
(HVF's Petition). HVF's Petition concerns two partially-reclaimed 
materials (``Solution Sweeps'' and ``Filter Sweeps'') produced at its 
Tucson, Arizona facility from precious metal-bearing waste from 
cyanide-based electroplating operations. As explained in the 
``Statement of Basis'' available in the docket [Docket ID EPA-HQ-OLEM-
2022-0967-0008], EPA's determination is that the two materials produced 
by HVF are ``commodity-like'' under the criteria listed in Sec.  
260.31(c) and are legitimately recycled, thus qualifying for variances 
from classification as solid waste under Sec.  260.30(c). The EPA 
published a proposed response to the petition on February 13, 2023 (88 
FR 9277). The comment period for the proposed action closed on March 
30, 2023. The EPA did not receive any comments on the proposed action 
during the public comment period and is therefore finalizing the 
variance as proposed.
    For information on the EPA's rationale for granting the petition, 
see the ``Statement of Basis'' available in the docket [Docket ID EPA-
HQ-OLEM-2022-0967-0008]. EPA had previously provided a proposed 
``Statement of Basis'' in the docket for the proposed variance 
determination [Docket ID EPA-HQ-OLEM-2022-0967-0002], and now, with 
this final variance determination, published in the July 5, 2023 
Federal Register, EPA is also providing a final ``Statement of Basis'' 
in the docket for the final variance determination.

Michael S. Regan,
Administrator.
[FR Doc. 2023-14191 Filed 7-3-23; 8:45 am]
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