

[Federal Register: July 19, 2007 (Volume 72, Number 138)]
[Proposed Rules]               
[Page 39587-39588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy07-18]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-HQ--RCRA-2005-0017, FRL-8441-8]
RIN 2050-AG24

 
Expansion of RCRA Comparable Fuel Exclusion; Extension of Comment 
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: EPA is announcing that the comment period to the proposed rule 
entitled Expansion of RCRA Comparable Fuel Exclusion, published on June 
15, 2007 (72 FR 33284), is being extended until September 14, 2007. In 
the proposed rule, EPA is expanding the comparable fuel exclusion under 
the rules implementing subtitle C of the Resource Conservation and 
Recovery Act (RCRA) for fuels that are produced from hazardous waste 
but which generate emissions that are comparable to emissions from 
burning fuel oil when such fuels are burned in an industrial boiler. We 
are requesting comments on a number of issues associated with this 
expansion of the Comparable Fuel Exclusion.

DATES: The comment period for the proposed rule published at 72 FR 
33284, June 15, 2007, is extended from the original closing date of 
August 14, 2007 to September 14, 2007. Under the Paperwork Reduction 
Act, comments on the information collection provisions were originally 
due to be received by OMB on or before July 16, 2007. Those comments 
will now be due along with the rest of the comments on or before 
September 14, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2005-0017, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     E-mail: rcra-docket@epa.gov.
     Fax: 202-566-9744.
     Mail: U.S. Postal Service, send comments to: RCRA Docket, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460. Please include a total of two 
copies. We request that you also send a separate copy of each comment 
to the contact person listed below (see FOR FURTHER INFORMATION 
CONTACT).
     Hand Delivery: In person or by courier, deliver comments 
to: RCRA Docket, EPA Docket Center (2822T), Room 3334, 1301 
Constitution Ave., NW., Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information. Please 
include a total of two copies. We request that you also send a separate 
copy of each comment to the contact person listed below (see FOR 
FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2005-0017. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or e-mail. Send or deliver information identified 

as CBI to only the following address: Ms. LaShan Haynes, RCRA Document 
Control Officer, EPA (Mail Code 5305P), Attention Docket ID No. EPA-HQ-
RCRA-2005-0017, 1200 Pennsylvania Avenue, Washington DC 20460. Clearly 
mark the part or all of the information that you claim to be CBI. The 
http://www.regulations.gov Web site is an ``anonymous access'' system, which 

means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through http://www.regulations.gov, your e-mail 

address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. We also request 

that interested parties who would like information they previously 
submitted to EPA to be considered as part of this

[[Page 39588]]

reconsideration action identify the relevant information by docket 
entry numbers and page numbers.
    Docket: All documents in the docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the RCRA 

Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The HQ EPA 
Docket Center telephone number is (202) 566-1742. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the RCRA Docket is 
(202) 566-0270. A reasonable fee may be charged for copying docket 
materials.

FOR FURTHER INFORMATION CONTACT: For more information on this 
rulemaking, contact Mary Jackson at (703) 308-8453, or 
jackson.mary@epa.gov, Office of Solid Waste (MC: 5302P), U.S. 

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

SUPPLEMENTARY INFORMATION:
    Comment Period. We are extending the comment period by thirty days 
in response to commenters' request for more time to respond to issues 
in the proposed rule published on June 15, 2007 (72 FR at 33284). In 
addition, we are extending the comment period for the information 
collection provisions by 60 days. Therefore, the public comment period 
for the rule and information collection provisions will now end on 
September 14, 2007.
    Regulated Entities. Categories and entities potentially affected by 
this action include:

------------------------------------------------------------------------
                                                           Examples of
                                                           potentially
          Category              NAICS code     SIC code     regulated
                                                             entities
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Any industry that generates              562         49  Waste
 or combusts hazardous waste             327         32   Management and
 as defined in the proposed              325         28   Remediation
 rule.                                   324         29   Services.
                                                         Non-metallic
                                                          Mineral
                                                          Products
                                                          Manufacturing.
                                                         Chemical
                                                          Manufacturing.
                                                         Petroleum and
                                                          Coal Products
                                                          Manufacturing.
                                         331         33  Primary Metals
                                                          Manufacturing.
                                         333         38  Machinery
                                                          Manufacturing.
                                         326        306  Plastic and
                                                          Rubber
                                                          Products
                                                          Manufacturing.
                                    488, 561         49  Administration
                                                          and Support
                                                          Services.
                                         421         50  Scrap and waste
                                                          materials.
                                         422         51  Wholesale
                                                          Trade, Non-
                                                          durable Goods,
                                                          N.E.C.
                               512, 541, 812         73  Business
                                                          Services,
                                                          N.E.C.
                              512, 514, 541,         89  Services,
                                         711              N.E.C.
                                         924         95  Air, Water and
                                                          Solid Waste
                                                          Management.
                                         336         37  Transportation
                                                          Equipment.
                                         928         97  National
                                                          Security.
                                         334         35  Computer and
                                                          Electronic
                                                          Products
                                                          Manufacturing.
                                         339         38  Miscellaneous
                                                          Manufacturing.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be impacted by this 
action. This table lists examples of the types of entities EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed could also be affected. To determine whether your 
facility, company, business, organization, etc., is affected by this 
action, you should examine the applicability criteria in the proposed 
rule published on June 15, 2007. If you have any questions regarding 
the applicability of this action to a particular entity, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of the proposed rule is available at http://epa.gov/epaoswer/hazwaste/combust/compfuels/exclusion.htm.
 This Web site also 

provides other information related to the Comparable Fuel Exclusion.
    Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Send or deliver information identified 

as CBI only to the address listed in the ADDRESSES section of this 
document. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD ROM that you mail 
to EPA, mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

List of Subjects in 40 CFR Part 261

    Hazardous waste, Recycling, Reporting and recordkeeping 
requirements.

    Dated: July 12, 2007.
Robert W. Hall,
Acting Director, Office of Solid Waste.
[FR Doc. E7-14006 Filed 7-18-07; 8:45 am]

BILLING CODE 6560-50-P
