[Federal Register: June 10, 1999 (Volume 64, Number 111)] [Proposed Rules] [Page 31170-31171] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10jn99-36] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 [FRL-6358-2] Report to Congress on Fossil Fuel Combustion Wastes; Response to Requests for Extension of Public Comment Period AGENCY: Environmental Protection Agency. ACTION: Response to requests for extension of public comment period. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency published a notice of availability on April 28, 1999 (64 FR 22820) for the Agency's Report to Congress on Fossil Fuel Combustion Wastes that is required by section 8002(n) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6982(n). That notice also announced a 45-day public comment period on the report. The Agency has received numerous requests to extend the public comment period by up to six months. Because the Agency is currently subject to a court-approved consent decree to issue its regulatory determination by October 1, 1999, EPA is not able, at this time, to grant an extension of the comment period, since any extension would leave insufficient time for EPA to complete a regulatory determination by that date. However, the Agency is currently discussing the possibility of an extension of this deadline with the parties to the consent decree. Such an extension would allow the Agency to grant an extension of the public comment period. Pending the conclusion of those discussions and any extension of the consent decree deadline, the closing date for the comment period on the Report remains June 14, 1999. DATES: The comment period on the Report to Congress on Fossil Fuel Combustion Wastes closes June 14, 1999. 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 (5305G), U.S. Environmental Protection Agency Headquarters (EPA, HQ), 401 M Street, SW., Washington, DC, 20460. Hand deliveries of comments 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. 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, we recommend that the public make an appointment by calling (703) 603-9230. [[Page 31171]] 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 general information, contact the RCRA Hotline at (800) 424-9346 or TDD (hearing impaired) (800) 553- 7672. In the Washington, DC metropolitan area, call (703) 412-9810 or TDD (703) 412-3323. For more detailed information on specific aspects of the Report to Congress, 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. SUPPLEMENTARY INFORMATION: 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/ epaoswer/other/fossil/index.htm. Printed copies of Volume 2 and the executive summary, titled Report to Congress: Wastes from the Combustion of Fossil Fuels; Volume 1--Executive Summary (EPA publication number EPA 530-S-99-010), can also be obtained by calling the RCRA/Superfund Hotline at (800) 424-9346 or (703) 412-9810. The Executive Summary is also available in electronic format at the EPA Web site identified above. I. Background The Environmental Protection Agency published a notice of availability on April 28, 1999 (64 FR 22820) for the Agency's Report to Congress on Fossil Fuel Combustion Wastes that is required by section 8002(n) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6982(n). Please see the April 28, 1999 notice for particulars on the purpose and content of the Report to Congress. The April 28, 1999 notice also announced a 45-day public comment period on the Report to Congress, which was to end on June 14, 1999. In response to that notice, numerous parties have requested that EPA extend the public comment period by up to six months. EPA is, however, currently required by a court-approved consent decree in Gearhart v. Reilly, Civil No. 91-2345 (D.D.C.) to complete the regulatory determination by October 1. EPA would not be able to meet this deadline if the Agency granted any extension to the comment period. The Agency is currently discussing the possibility of an extension of this deadline with the parties to the consent decree. Such an extension would in turn allow the Agency to grant an extension of the public comment period. However, unless and until the court-approved schedule is modified, the Agency is bound to work towards completing the regulatory determination under the current schedule. Therefore, interested parties should be prepared to submit their comments by the current June 14, 1999 deadline for the receipt of public comments. In the event the current court-ordered schedule for completing the regulatory determination is extended, the Agency will promptly publish a notice in the Federal Register extending the deadline for the receipt of public comments. Dated: June 4, 1999. Elizabeth Cotsworth, Acting Director, Office of Solid Waste. [FR Doc. 99-14768 Filed 6-9-99; 8:45 am] BILLING CODE 6560-50-P