Additional Data Available on Wastes Studied in the Report to
Congress on Cement Kiln Dust
[Federal Register: July 25, 2002 (Volume 67, Number 143)]
[Notices]
[Page 48648-48650]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy02-57]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7251-2]
Additional Data Available on Wastes Studied in the Report to
Congress on Cement Kiln Dust
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability (NODA) and request for comments.
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SUMMARY: This notice announces the availability for public inspection
and comment, of recently acquired data on cement kiln dust (CKD)
studied in the Agency's December 1993 Report to Congress on Cement Kiln
Dust (see 59 FR 709, 1/6/94). The Agency is now considering an approach
whereby it would finalize the proposed option of issuing the protective
CKD management standards as described in the August 20, 1999 proposal
(64 CFR 45632) , as a RCRA Subtitle D rule. The Agency would
temporarily suspend its active consideration of the proposed listing of
mismanaged CKD as a hazardous waste, and assess how CKD management
practices and state regulatory programs evolve over the next three to
five years. Based on this assessment, EPA will then proceed to either
formally withdraw or promulgate the portion of the 1999 proposal that
classifies as a RCRA hazardous waste CKD that has been egregiously
mismanaged.
DATES: Submit comments on or before September 23, 2002.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA/Superfund Hotline at (800) 424-9346 or (202) 260-3000;
for technical information contact Anthony Carrell (5306W), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, carrell.anthony@epa.gov, (703)
308-0458.
SUPPLEMENTARY INFORMATION:
I. General Information
EPA has established an official public docket for this action under
Docket ID No. RCRA-1999-0011. The official public docket is
the collection of materials that is available for public viewing at the
RCRA Information Center (RIC), 1235 Jefferson Davis Hwy, 1st Floor,
Arlington, VA 22201. This Information Center is open from 9
a.m.-4 p.m., Monday through Friday, excluding legal holidays. The
Center telephone number is (703) 603-9230.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ 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 the EPA Dockets.
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 EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the docket
facility identified in Unit I.3.
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 EPA's electronic public
docket 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 EPA's
electronic public docket. 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 EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
How and To Whom Do I Submit Comments?
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 period will be marked "late." EPA
is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
Your use of EPA's electronic public docket to submit comments to
EPA electronically is EPA's preferred method for receiving comments. Go
directly to EPA Dockets at http://www.epa.gov/edocket,
[[Page 48649]]
and follow the online instructions for submitting comments.
Once in the system, select "search," and then key in Docket
ID No. RCRA-1999-0011. The system is an "anonymous
access" system, which means EPA will not know your identity, e-
mail address, or other contact information unless you provide it in the
body of your comment.
Comments may be sent by electronic mail (e-mail) to [RCRA-
docket@epamail.epa.gov], Attention Docket ID No.
RCRA-1999-0011. In contrast to EPA's electronic public
docket, EPA's e-mail system is not an "anonymous access"
system. If you send an e-mail comment directly to the Docket without
going through EPA's electronic public docket, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
You may submit comments on a disk or CD ROM that you mail to the
mailing address already identified. These electronic submissions will
be accepted in WordPerfect or ASCII file format. Avoid the use of
special characters and any form of encryption.
2. By Mail. Send your comments to: Environmental Protection Agency,
Mailcode: 5305-G, 1200 Pennsylvania Ave., NW., Washington, DC,
20460, Attention Docket ID No. RCRA-1999-0011.
3. By Hand Delivery or Courier. Deliver your comments to: RCRA
Information Center (RIC), 1235 Jefferson Davis Hwy, 1st Floor,
Arlington, VA 22201, Attention Docket ID No.
RCRA-1999-0011. Such deliveries are only accepted during
the Center's normal hours of operation as identified above.
Background: On February 7, 1995, EPA issued the Regulatory
Determination required by section 3001(b)(3)(C) of RCRA, finding that
additional control of CKD was warranted (60 FR 7366). Specifically, the
Agency stated that its concerns about the potential harm to human
health and the environment posed by some CKD suggest the need for some
level of regulation under RCRA Subtitle C authority. The Agency also
decided to evaluate the need for additional controls for off-site use
of CKD as use as a substitute for lime on agricultural fields.
On August 20, 1999, EPA issued a proposed rule (64 FR 45632)
outlining the Agency's preferred regulatory approach; i.e., an
exemption from hazardous waste listing for properly managed CKD, and
several optional approaches including requirements solely under RCRA
Subtitle D. Under the preferred approach, CKD would remain a non-
hazardous waste provided the following management standards are met.
First, for ground water protection, the Agency proposed management
standards which require a landfill to be designed to control releases
of toxic metals to ground water. EPA also proposed that ground water
monitoring be required for all new and existing CKD management units to
detect the presence of regulated constituents in the ground water. The
Agency also proposed that within 90 days of finding that any of the
part 261 inorganic constituents have been detected at a statistically
significant level exceeding the groundwater protection standards as
defined under Sec. 259.45(h), the persons managing the CKD
waste must initiate an assessment of corrective measures. The ground
water monitoring and corrective action requirements proposed are based
on requirements promulgated under part 258 for municipal solid waste
landfills and hazardous waste regulations under part 264-subpart
F for Solid Waste Management Units. Second, to control releases of
fugitive dust, the proposed management standards would require persons
managing CKD waste to cover or otherwise manage the landfill, CKD
handling areas, and CKD storage areas to control wind dispersal of
fugitive CKD. Third, EPA proposed concentration limitations on various
pollutants in CKD used for agricultural purposes. Finally, the Agency
proposed a hazardous waste listing and tailored standards for CKD where
there are egregious or repeated violations of the management standards
described above.
EPA also took comment on an approach that would promulgate the same
protective management standards described above solely as RCRA Subtitle
D requirements, relying on authority in RCRA section 4004(a). Under
this approach the standards would be enforceable by the public through
citizen suits. EPA would additionally encourage States to adopt
standards developed under Subtitle D as enforceable standards under
State law, but the Agency could not compel them to do so. Such
standards would not be directly enforceable by EPA under the
enforcement authorities of sections 3007 and 3008. However, EPA could
take enforcement action under section 7003, upon a finding of imminent
and substantial endangerment. In addition, the Agency requested comment
on several other approaches. See 64 FR 45632 for a discussion of these
other approaches.
The Agency received a total of 52 comments; two from the
Association of State and Territorial Solid Waste Management Officials,
11 from states, two from the American Portland Cement Alliance, 23 from
cement plants, six from other related industry commenters, five from
CKD reusers or recyclers and three from geotechnical engineering
companies or consultants. No written comments were submitted by
citizens groups, environmental community groups or the general public.
All comments are on file in the Docket to this NODA and may be
reviewed; see the ADDRESSES section below. In addition, a summary of
public comments document is available on the internet at www.epa.gov/
epaoswer/other/ckd/index.htm.
New Data: On May 11, 2001, the American Portland Cement Alliance
(APCA) submitted a rulemaking petition to EPA pursuant to 7004(a) of
the RCRA requesting that the Agency (1) withdraw the regulations EPA
proposed in 1999 relating to CKD and (2) reverse the 1995 regulatory
determination for CKD. EPA met with APCA on July 6, 2001 to discuss the
petition. APCA indicates that a decrease in waste CKD, an increase in
groundwater monitoring, improved CKD management practices, improved
fugitive dust controls and improvements in State programs obviate the
need for federal CKD waste management regulations. APCA suggests that
State programs have improved and provided regulatory language from six
States illustrating they no longer allow placement of waste in old
quarries down into the groundwater. APCA also contends that the amount
of CKD disposed by the most significant disposers of the dust has been
reduced by over 22 percent since 1990, while during the same period
clinker production among these same plants has increased by almost 22
percent. APCA provided groundwater monitoring data for 18 CKD disposal
facilities from a collection of information on 35 plants that together
accounted for approximately 95 percent of the CKD landfilled in the
United States in 2000.
Applicable State groundwater contaminant limits for these 18
facilities were also provided. APCA points out that 20 of the 35 plants
(57%) monitor ground water, 34 (97%) practice landfill dust control
techniques, 30 (86%) CKD employ compaction techniques, 32 (91%)
practice road-dust control and 27 (77%) have water runoff controls.
APCA's rulemaking petition and a summary of the July 6, 2001 meeting
are on file in the Docket to this NODA. For access to these materials,
see the ADDRESSES section below.
APCA also provided summary reports of groundwater monitoring data
dated
[[Page 48650]]
October 2001 for 18 CKD disposal facilities operated by nine cement
manufacturing companies in 10 States. EPA assessed these data for
exceedances of groundwater maximum contaminant levels or health-based
numbers. APCA's summary reports of groundwater monitoring data and
EPA's analysis of the data are in the Docket to this NODA.
ADDRESSES: Supporting materials and comments on the 1999 proposed rule
are available for viewing in the RCRA Information Center (RIC), located
at Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway,
Arlington, VA. The Docket Identification Number is
RCRA-1999-0011. 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/page.
Comment Period: The Agency is soliciting comments only on the new
data provided by APCA regarding reduced disposal, more extensive
groundwater monitoring, increased fugitive dust controls, and improved
CKD management and state programs. EPA is not reopening the comment
period on the Report to Congress on Cement Kiln Dust or the 1999
proposed rule. Public comments on the new APCA data will be accepted
through September 23, 2002.
Comment Submissions: Those persons, companies or organizations
intending to submit comments for the record must send an original and
two copies to the following address: RCRA Docket Information Center
(5305), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW, Washington, DC, 20460. Please place the docket number
RCRA-1999-0011 on your comments.
Additional Information: As noted above, the 1999 proposal sought
comment on a number of regulatory options for addressing the hazards
associated with managing CKD. Among the options discussed, was the
adoption of the management standards described in the proposed rule
language (64 FR 45632) solely as RCRA Subtitle D requirements. As also
noted above, we received numerous comments on the 1999 proposal from
industry and States. The Agency has reviewed all comments on the
proposed rule, including comments directed to the Subtitle D option.
Based on our review of the comments, the Agency recognizes that even
though detection of contaminants from CKD in groundwater, and fugitive
dust emissions from CKD management units continue, improvements are
occurring in cement manufacturing technology and processes that are
resulting in an increase in CKD recycling back into the manufacturing
process which translates to a decrease in waste CKD. We also recognize
that there has been an increase in groundwater monitoring at CKD
management units. We further recognize that additional States have
regulatory programs that address CKD management and a number of other
States are willing to develop or refine regulatory programs, but are
reluctant to do so pending EPA's decision on the 1999 proposal.
In light of these developments, the Agency is now considering an
approach whereby it would finalize the proposed option of issuing the
CKD management standards as described in the August 20, 1999 proposal
(64 CFR 45632) , as a RCRA Subtitle D rule and would temporarily
suspend its active consideration of the proposed mismanagement-based
listing (but would not formally withdraw the proposed rule) for a
period of three to five years. During this time, EPA would collect data
to evaluate the effectiveness of CKD management practices and States'
regulatory programs. This approach would create a federal baseline that
states could use to develop appropriate regulatory programs and allow
adequate time for implementation of more protective CKD management
standards. If after its evaluation the Agency deems CKD management
practices and State regulatory programs to be effective in protecting
human health and the environment, the Agency would formally withdraw
the Subtitle C portion of the 1999 proposal and would revisit the 1995
CKD regulatory determination. On the other hand, if the Agency deems
CKD management practices and State regulatory programs to be
ineffective after this period, the Agency would pursue regulation of
mismanaged CKD under RCRA Subtitle C, as described in the 1999
proposal.
Additionally, the Agency has determined that additional risk
analyses for CKD used as an agricultural soil amendment substitute is
warranted. The Agency will perform these analyses and report the
results in a subsequent NODA. If additional controls are needed for CKD
used as an agricultural soil amendment substitute, the Agency will
issue agricultural use requirements.
Dated: July 16, 2002.
Elizabeth Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 02-18870 Filed 7-24-02; 8:45 am]
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