[Federal Register: September 20, 1999 (Volume 64, Number 181)]

[Proposed Rules]               

[Page 50788-50789]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]




40 CFR Part 261



EPA Report to Congress on Fossil Fuel Combustion; Request for 


AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; reopening of period for public comment.


SUMMARY: The Environmental Protection Agency (EPA) is today announcing 

an extension of the public comment period (see 64 FR 22820) for its 

Report to Congress on Wastes from the Combustion of Fossil Fuels until 

September 24, 1999.

DATES: The comment period of the Report to Congress on Wastes from the 

Combustion of Fossil Fuels is reopened and will close on September 24, 


ADDRESSES: Those persons wishing to submit public comments must send an 

original and two copies of their comments referencing EPA docket number 

F-1999-FF2P-FFFFF to: RCRA Docket Information Center (5305W), U.S. 

Environmental Protection Agency Headquarters (EPA,HQ), 401 M Street, 

SW., Washington, DC, 20460. Hand deliveries of comments, including 

courier, postal and non-postal express deliveries, should be made to 

the Arlington, VA address below.

    Comments may also be submitted electronically through the Internet 

to: rcra-docket@epa.gov. Comments in electronic format should also 

identify the docket number F-1999-FF2P-FFFFF. All electronic comments 

must be submitted as an ASCII file avoiding the use of special 

characters and any form of encryption. Commenters should not submit 

electronically any confidential business information (CBI). An original 

and two copies of CBI must be submitted under separate cover to: RCRA 

CBI Document Control Officer, Office of Solid Waste (5305W), U.S. EPA, 

401 M Street, SW, Washington, DC 20460.

Note:  Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009

    Public comments and supporting materials are available for viewing 

in the RCRA Docket Information Center (RIC), located at Crystal Gateway 

I Building, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. 

The RIC is open from 9 a.m. to 4 p.m., Monday through Friday, excluding 

federal holidays. To review docket materials, it is recommended that 

the public make an appointment by calling (703) 603-9230. The public 

may copy a maximum of 100 pages from any regulatory docket at no 

charge. Additional copies cost $0.15 per page. The Report to Congress 

is also available electronically. See the Supplementary Information 

section below for information on electronic access.

FOR FURTHER INFORMATION CONTACT: For more detailed information on specific aspects 

of today's action, contact Dennis Ruddy, U.S. Environmental Protection 

Agency (5306W), 401 M Street, SW., Washington, DC 20460, at (703) 308-

8430, or e-mail: ruddy.dennis@epa.gov.


Customer Service

    In developing the Report to Congress, we tried to address the 

concerns of all our stakeholders. Your comments will help us improve 

this regulatory action. We invite you to provide different views on 

options we propose, new approaches

[[Page 50789]]

we have not considered, new data, how this regulatory action may affect 

you, or other relevant information. We welcome your views on all 

aspects of this action, but we request comments in particular on the 

items discussed in the Report to Congress. Your comments will be most 

effective if you follow the suggestions below:

    <bullet> Explain your views as clearly as possible and why you feel 

that way.

    <bullet> Provide solid technical and cost data to support your 


    <bullet> If you estimate potential costs, explain how you arrived 

at the estimate.

    <bullet> Tell us which parts you support, as well as those you 

disagree with.

    <bullet> Provide specific examples to illustrate your concerns.

    <bullet> Offer specific alternatives.

    <bullet> Refer your comments to specific sections of the report.

    <bullet> Make sure to submit your comments by the deadline in this 


    <bullet> Be sure to include the name, date, and docket number with 

your comments.

    Copies of the full report, titled Report to Congress: Wastes from 

the Combustion of Fossil Fuels; Volume 2--Methods, Findings, and 

Recommendations (EPA publication number EPA 530-R-99-010), are 

available for inspection and copying at the EPA Headquarters library, 

at the RCRA Docket (RIC) office identified in Addresses above, at all 

EPA Regional Office libraries, and in electronic format at the 

following EPA Web site: http://www.epa.gov/osw/special.htm.  The Executive Summary is also available in electronic 

format at the EPA Web site identified above.


    RCRA section 3001(b)(3) (hereafter referred to as the Bevill 

Exemption) exempts, among other things, fossil fuel combustion wastes 

from regulation under RCRA subtitle C, pending completion of a Report 

to Congress and a subsequent determination of whether such regulation 

is warranted. In RCRA section 8002(n), Congress directed EPA to conduct 

a detailed and comprehensive study based on eight study factors, and 

submit a Report to Congress on ``the adverse effects on human health 

and the environment, if any, of the disposal and utilization of fossil 

fuel combustion wastes.'' RCRA section 3001(b)(3)(C) then requires that 

EPA determine, within six months of the date of submission of the 

Report to Congress, either to promulgate regulations for fossil fuel 

combustion wastes under subtitle C or determine that subtitle C 

regulation is unwarranted.

    The Bevill Exemption was added to RCRA on October 12, 1980, as part 

of the 1980 Solid Waste Disposal Act Amendments. In response to the 

1980 RCRA amendments, EPA published an interim final amendment to its 

hazardous waste regulations to reflect the provisions of the Bevill 

Exemption (40 CFR 261.4(b)(4)). In 1991, a suit was filed against EPA 

for failure to complete a regulatory determination on fossil fuel 

combustion (FFC) wastes. Gearhart versus Reilly Civil No. 91-2345 

(D.D.C.). On June 30, 1992, the Agency entered into a Consent Decree 

which established a schedule for EPA to complete the regulatory 

determinations for all fossil fuel combustion (FFC) wastes. FFC wastes 

were divided into two categories: (1) fly ash, bottom ash, boiler slag, 

and flue gas emission control waste from the combustion of coal by 

electric utilities and independent commercial power producers, when 

such wastes are managed separately, and (2) all remaining wastes 

subject to RCRA sections 3001(b)(3)(A)(i) and 8002(n). On August 9, 

1993, EPA published a determination for the first category of wastes, 

concluding that regulation under subtitle C for these wastes was not 

warranted. To make an appropriate determination for the second 

category, or ``remaining wastes,'' EPA decided that additional study 

was necessary. Under consent-decree deadlines, the Agency completed the 

Report to Congress by March 31, 1999, and was to issue the regulatory 

determination by October 1, 1999. To meet this deadline, EPA 

established a 45-day public comment period following completion of the 

report, which closed on June 14, 1999. Subsequently, the plaintiffs in 

Gearhart versus Reilly moved to modify the consent decree to allow EPA 

until March 10, 2000 to complete the regulatory determination to allow 

EPA to reopen the comment period. EPA supported the motion and, on 

September 2, 1999, the Court granted the motion. The comment period 

will now extend until September 24, 1999, and the regulatory 

determination will be issued by March 10, 2000.

    Dated: September 8, 1999.

Elizabeth Cotsworth,

Director, Office of Solid Waste.

Note:  Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009

[FR Doc. 99-24455 Filed 9-17-99; 8:45 am]