Proposed Rule2024-10777
Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives; Extension of Comment Period
Primary source
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Published
May 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule entitled "Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives." EPA published the proposed rule in the Federal Register on March 20, 2024 (89 FR 19952) and the public comment period was scheduled to end on May 20, 2024. However, EPA has received requests for additional time to develop and submit comments on the proposal. In response to the requests for additional time, EPA is extending the comment period for an additional 31 days, through June 20, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 96 (Thursday, May 16, 2024)</title>
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[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Proposed Rules]
[Pages 42832-42833]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10777]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 124, 260, 264, 265, 270, and 271
[EPA-HQ-OLEM-2021-0397; FRL-8592-03-OLEM]
RIN 2050-AH24
Revisions to Standards for the Open Burning/Open Detonation of
Waste Explosives; Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the proposed rule entitled ``Revisions to Standards
for the Open Burning/Open Detonation of Waste Explosives.'' EPA
published the proposed rule in the Federal Register on March 20, 2024
(89 FR 19952) and the public comment period was scheduled to end on May
20, 2024. However, EPA has received requests for additional time to
develop and submit comments on the proposal. In response to the
requests for additional time, EPA is extending the comment period for
an additional 31 days, through June 20, 2024.
DATES: Written comments must be received on or before June 20, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0397, by any of the following methods:
[[Page 42833]]
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, RCRA Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
<bullet> Hand Delivery/Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Sasha Lucas-Gerhard (email address:
<a href="/cdn-cgi/l/email-protection#137476617b7261773d6072607b72537663723d747c65"><span class="__cf_email__" data-cfemail="94f3f1e6fcf5e6f0bae7f5e7fcf5d4f1e4f5baf3fbe2">[email protected]</span></a>, phone number: (202) 566-0346) or Paul Diss
(email address: <a href="/cdn-cgi/l/email-protection#b4d0ddc7c79ac4d5c1d8f4d1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="492d203a3a6739283c25092c3928672e263f">[email protected]</span></a>, phone number: (202) 566-0321), in
the Program Implementation and Information Division, Office of Resource
Conservation and Recovery.
SUPPLEMENTARY INFORMATION:
I. Summary
On March 20, 2024, EPA published in the Federal Register (89 FR
19952) a proposed rule that would revise the RCRA regulations to
clarify and add specificity to existing requirements for owners/
operators of open burning and open detonation (OB/OD) units, including
how and when to apply and implement the requirements in the permitting
process.
In 1980, EPA prohibited OB/OD of hazardous waste due to the
potential risks to human health and the environment. EPA allowed one
exception to this prohibition for OB/OD of waste explosives because at
the time, there were no safe alternative treatment options for these
wastes. Since that time, facilities have been required to determine and
continue to evaluate whether alternatives are available. Recent
findings from the National Academies of Sciences, Engineering, and
Medicine and EPA identify several safe alternatives that are now
available for certain types of explosive wastes. The proposed rule
would improve implementation of requirements for how facilities must
evaluate and use alternative technologies determined to be safe and
available for treating waste explosives in lieu of OB/OD, and would set
new minimum technical standards for OB/OD where it remains the only
available treatment option.
Specifically, EPA proposed to create new subparts for OB/OD units
in parts 264 (applicable to permitted facilities) and 265 (applicable
to interim status facilities). The new subparts contain requirements
that would apply to all owners/operators conducting or seeking to
conduct OB/OD of waste explosives, including activities conducted as
part of RCRA cleanup and closure. The new subparts propose: certain
requirements for OB/OD emergency permits and an exemption from the
alternative technology evaluation and implementation regulations for
the de minimis treatment of waste explosives by OB/OD; new provisions
that would specify how and when owners/operators and permit authorities
are to evaluate alternative treatment technologies for OB/OD, including
specific information that would be required for facilities to
demonstrate whether safe modes of treatment are available for specific
waste streams and for waste analysis/characterization; new and revised
regulatory provisions on timelines for implementing alternative
technologies; wastes prohibited/restricted from OB/OD; technical
standards for OB/OD units; delay of closure applicability to OB/OD
units; clarifications to emergency provisions; and procedures for
permitting of mobile treatment units (MTUs) for waste explosives.
The comment period for the proposed rule was scheduled to end on
May 20, 2024. Since publication, EPA has received requests to extend
that comment period to allow for additional time to develop comments on
the proposed rule. After considering the requests, EPA has decided to
extend the comment period for an additional 31 days, through June 20,
2024.
II. Public Participation
Submit your comments, identified by Docket ID No. EPA-HQ-RCRA-2021-
0397, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section of this document.
Once submitted, comments cannot be edited or removed from the docket.
EPA may publish any comment received to its public docket. Do not
submit to EPA's docket at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
List of Subjects in 40 CFR Parts 124, 260, 264, 265, 270, and 271
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Hazardous
materials transportation, Hazardous waste, Indians-lands, Insurance,
Intergovernmental relations, Packaging and containers, Penalties,
Reporting and recordkeeping requirements, Security measures, Surety
bonds, Water pollution control, Water supply.
Dated: May 13, 2024.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2024-10777 Filed 5-15-24; 8:45 am]
BILLING CODE 6560-50-P
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