[Federal Register Volume 64, Number 111 (Thursday, June 10, 1999)]
[Proposed Rules]
[Pages 31170-31171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14768]


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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.

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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: [email protected]. 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: [email protected].

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