033
4273O
Federal Register / Vol. 56, No. 168 / Thursday,.August 29, 1991 / Notices
FOR FURTHER INFORMATION:
Charles E. Blackburn. Office of Fuels
Programs, Fossil Energy, U.S.
Department of Energy. Forrestal
Building, room 3F-C94,1000
Independence Avenue, SW.,
Washington, DC 20585, (202) 586-7751,
Lot Cooke, Office of Assistant General
Counsel for Fossil Energy, U.S.
Department of Energy, Forrestal
Building,. room 6E-042,1000
Independence Avenue, SW.,
Washington. DC 20585, [202] 586-0503.
SUPPLEMENTARY INFORMATION: TGMI. a
Delaware corporation with its principal
place of business in Houston, Texas, is a
wholly owned subsidiary of Texaco
Exploration, and Producing Inc., which in
turn is wholly owned by Texaco Inc. ':
TGMI states that it will generally sell
. j. the requested natural gas, volumes on a
. ,shortTterm basis,-but some export .
agreements may extend for the term of
rth'e export authorization. The ' " ' " "''
' contractual arrangements will be the
.' product of arms-length negotiations with
an emphasis on .competitive prices and .
contract flexibility. TGMT requests
authorization to export for its own
: .' account as well as to act as agent for
" Other' U.S. suppliers and for Canadian ,
- purchasers. ; *- '_ - . /
" !The export application will be
' reviewed under section 3 of the NGA "
and the authority contained in DOE
Delegation Order Nos. 0204-111 and
0204^127. &i deciding whether the
- proposed export is in the public interest,
;-1 domestic need for the natural gas will be
.' -: considered,' and any other issue, f :;',:
- determined to be appropriate, including
: whether the arrangement is consistent.
with DOE policy of promoting - .."
competition in the natural gas '
marketplace by allowing commercial
parties to freely negotiate their own
trade arrangements. Parties, especially
. those .that may oppose this'application,
should comment on these matters as
they relate to the requested export
; authority. The applicant asserts that
there-is no current need for the domestic
gas that would be .exported under the
proposed arrangement. Parties opposing
this arrangement bear the burden of
overcoming this assertion.
. NEPA compliance. The National
Environmental Policy Act (NEPA), 42
U.S.C. 4321 et seq.. requires DOE to give
appropriate consideration to the '
environmental effects of its proposed;
actions. No final decision will be issued
in this proceeding until DOE has met its
.NEPA responsibilities.
-'"Public comment procedure. In
response to this notice, any person may
file a protest, motion to intervene or
>; notice of intervention, as applicable, and
written comments. Any person wishing
to become a party to the proceeding and
to have the written comments
considered as the.basis for any decision;
on the application must, however, file a
motion to intervene or notice of
intervention, as applicable. The filing of
a protest with respect to this application
will not serve to make the protestant a
party to the proceeding, although
protests and comments received from .
persons who are not parties will be
considered in determining the
. appropriate action to be taken on the .
application. Ail protests, motions to.
' intervene, notices of intervention, and .
written comments must meet the
requirements that are specified by the - -
regulations in 10 CFR part 590. Protests.
motions to intervene, notices of
intervention, requests for additional
procedures, and written comments ' '
should be filed with the Office of Fuels
Programs at the address listed above. .
It is .intended that a decisional record
: on the application will be developed
through responses to this notice by
parties, including the parties' written
comments and replies thereto.
Additional procedures will be used as
necessary to achieve a complete
understanding of the facts and issues.- A
party seeking intervention may request
that additional procedures' be provided, '
such as additional written comments; an
oral presentation, ;a conference, or trial--'
type hearing. Amy request ta file '"-. *
- additional written comments should ;'/'
explain why they are necessary^ Any ;;
, request for an oral presentation should
identify the substantial question of fact, :
lawi OT ppUcy at israie, show thit it is :
material and relevant to a decision in "
the proceeding, and demonstrate why an
oral presentation is needed. Any request
for a conference should demonstrate
why the conference would materially ..
advance the proceeding^Ahy request for
a trial-type hearing must show that there
are factual issues genuinely in dispute
that are relevant and material to a
decision and that a trial-type hearing is
necessary for a full and true disclosure -
of the facts. ;
If an additional procedure is '
scheduled, notice will be provided to all
parties. If no party requests additional
procedures, a final opinion and order
may be issued based on the official
record, including the application and
responses filed by parties pursuant to
.this notice, in accordance with 10 CFR
590.316.
A copy of TGMTs application is
available for inspection and copying in
the Office of Fuels Programs Docket.
Room, room 3F-058, at the above
address. The docket room is open
between the hours of 8 a.m. and 4:30
p.m., Monday through Friday, except
Federal holidays.
Issued in.Washington. DC on August 22,
1991. ,. .;.-.
Clifford P. Totnaszewski, ..-':.
Acting Deputy Assistant Secretary for Fuels
Programs, Office of Fossil Energy. .
[FR Doc. 91-20753 Filed 8-28-91; a-45 am]
BILLWa CODE W50-01-M
ENVIRONMENTAL PROTECTION
AGENCY
[FRL 3991-3]
Policy on Enforcement of RCRA >
Section 3004(J) Storage Prohibition at
Facilities Generating Mixed
Radioactive/Hazardous Wastes
AGENCY: Environmental Protection' - ',"
Agency (EPA). .:.."-; ".. ;
ACTION: Policy statement. . ?
SUMMARY: EPA is announcing its policy
on the civil enforcement of the storage
prohibition hi section 3004(j) of the :
. Resource Conservation and Recovery
Act (RCRA) at facilities .which generate
mixed wastes" regulated under both
the RCRA subtitle C hazardous waste
program and the Atomic Energy Act..
(AEA). The policy affects certain mixed
wastes that are, prohibited from land
disposal under the RCRA Land Disposal
Restrictions, and for, which there are no
available options for treatmerit.br".; ,
disposal.-The policy explains how EPA
. considers violations of the section; .;
3004fj} storage prohibition at such
facilities to &iwithini the^Agency's:civil
enforcement priorities. ; . ...':"
EFFECTIVE DATE August 29,1991.
FOR FURTHER INFORMATION CONTACT:.
Richard LaSbier, State and Regional
Programs Branch, Office of Solid Waste;
telephone (202) 26Or22lb.
SUPPLEMENTARY INFORMATION:
I. Overview
"Mixed wastes" are wastes that
contain both a hazardous waste
component regulated under subtitle C ot
RCRA and a radioactive component
consisting of source, special nuclear, or
byproduct material regulated under the
AEA. In this document, EPA is .
announcing its policy on the civil
enforcement of the storage prohibition in
section 3004(j) of RCRA at certain
facilities which generate mixed wastes.
EPA reserves, the right to jsnforce all
RCRA provisions at hazardous waste
facilities and against persons who
handle hazardous waste. The intent of
this policy is to explain how EPA
considers section 3004fj) storage
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Federal Register / Vol. 56. No. 168 / Thursday. August 29. 1991 / Notices 42731
violations involving certain mixed
wastes to fit within the Agency's civil
enforcement priorities. The affected
wastes are land disposal prohibited
mixed wastes for which there is no
available treatment or disposal
capacity. Generators and storers of
these wastes may find it impossible to
comply with the section 3004(j) storage
prohibition if there are no available
options for treatment or disposal of the
wastes. Nevertheless, generators of
these mixed wastes may, if they pursue
prudent waste management practices,
be capable of storing their mixed wastes
for the limited duration of this policy in
a manner that poses minimal risk to
public health or the environment.
Responsible management practices
should minimize the environmental risks
from these section 3004(j) storage
violations.
For those mixed waste generators
who are operating their storage facilities
in an environmentally responsible
manner as described in this policy, EPA
considers the violations of section
3004{j) involving relatively small
volumes of waste to be reduced
priorities among EPA's potential civil
enforcement actions. Any enforcement
activity arising from violations of
section 3004(j) at these facilities will
generally focus on determining whether
these generators are managing their
mixed wastes in an environmentally
responsible manner. EPA's primary
concern is with the generally more
significant violations of section 3004(j)
committed by larger (> 1,000 cubic ft/yr)
mixed waste generators as well as by
generators who are not pursuing
environmentally responsible
management of their stored mixed
wastes.
The policy is limited in duration, and
terminates on December 31.1993. During
the period that this policy is in effect,
EPA will evaluate data that become
available on generation, treatability, and
treatment capacity for the mixed wastes
affected by this policy. If sufficient.
lawful treatment capacity becomes
available before December 31.1993, EPA
will terminate this policy. If necessary,
EPA may also renew this policy beyond
1993.
The policy applies to mixed waste
facilities which generate no more than
1,000 cubic feet/year of land disposal
prohibited mixed wastes. That is, the
policy does not apply to any facility that
generated more than 1,000 cubic feet of
prohibited mixed wastes during the
calendar year that ended December 31,
1989, or that does so during any
succeeding calendar year that this
policy is in effect. This amount relates
only to the annual generation rate, and
not to the mixed waste inventory in
storage.
EPA will consider a variety of
indicators of environmentally
responsible operation in determining the
civil enforcement priority pf section
30Q4(j) storage violations at particular
mixed waste generator facilities. These
indicators include, but are not limited to:
Whether the facility has conducted
an inventory of its mixed waste storage
areas to assess and assure its
compliance with all other applicable
RCRA storage facility standards,
Whether the facility has identified
and kept records of its mixed wastes,
including sources, waste codes,
generation rates and volumes in storage,
Whether the facility has developed
a mixed waste minimization plan, or can
demonstrate (through documentation)
that waste minimization is not
technically feasible for its wastes,
Whether the facility can document
periodically that it has made good faith
efforts to ascertain the availability of
treatment capacity for its mixed wastes,
Whether the facility (if contacted in
connection with the ongoing joint EPA/
NRC profile of mixed waste generators)
has cooperated with the Agencies in
providing complete and accurate
information about their mixed wastes
upon request
II. Scope ol Policy
A. Limitations on Scope
This policy affects only the civil
judicial and administrative enforcement
priorities that would arise solely from .
the act of storing prohibited mixed
wastes in contravention of RCRA
section 3004(j). The policy is also limited
in scope to those mixed waste streams
for which the effective dates of land
disposal prohibitions have passed, and
for which authorized treatment or
disposal capacity is not available. The
mixed wastes covered by this policy
must be mixed wastes when generated;
e.g., a generator may not commingle
distinct hazardous and radioactive
waste streams in order to come within
the scope of this policy.
Wastes newly identified as
hazardous, wastes currently subject to
national capacity variances, and wastes ,
which may be granted case-by-case
extensions to the LDR effective dates
are not covered by this policy unless
EPA concludes that these wastes should
also be governed by this policy.
EPA intends that this policy apply
both to the mixed wastes generated
during the term of the policy, and to
existing inventories of mixed wastes
already in storage. The policy does not
cover other violations of RCRA storage
requirements, such as the storage
facility standards of subparts I through L
of 40 CFR parts 264 or 265, or their Staff
equivalents. EPA emphasizes that this
policy does not affect any requirement
, under RCRA to obtain a storage permit,
which is generally required if mixed
wastes are stored for greater than 90
days. The policy does not extend to
potential criminal violations of RCRA.
for which prosecutorial discretion rests
solely with the United States Attorney
General.
B. Effect of Other Violations
This policy affects only the civil
enforcement priority that EPA will
generally assign to section 3004(j)
storage violations. Allegations of
another RCRA violation(s) should
generally not affect that priority, as long
as the generator is otherwise managing
its mixed wastes in an environmentally
responsible manner. If, however, a
facility inspection or other information
reveals significant RCRA violations
(other than of section 3004(j)) or a
pattern of violations which evidence a
disregard for compliance with the RCRA
hazardous waste regulations, EPA may
attach a greater priority to all
violationsincluding storage of mixed
waste in violation of section 3004(j)at
that facility.
HI. Applicability
This policy applies to EPA
enforcement activities in all States in
which mixed waste falls within the
jurisdiction of RCRA. It is not relevant
in States where mixed waste is not
regulated under RCRA. In those States
where the State as well as EPA has
authority to enforce the LDRs, this
policy affects only, the EPA enforcement
programs.
RCRA mixed waste jurisdiction
applies in States which are unauthorized
for the "base" RCRA program. As of
April, 1991, there were 9 such States and
Territories (Alaska, American Samoa.
California, Hawaii, Iowa, Mariana
Islands, Puerto Rico, Virgin Islands, and
Wyoming). In these States and
Territories, the EPA Regional Offices
administer both the base RCRA mixed
waste program and the Land Disposal
Restrictions, so this policy applies in
these States.
RCRA mixed waste jurisdiction
extends as well to authorized States that
have been authorized specifically for
RCRA mixed waste programs. As of
April 30,1991, there were 24 States and
Territories authorized to implement
RCRA mixed waste programs. These
States and Territories are: Arkansas.
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Federal Register / Vol. 56. No. 168 / Thursday, August 29, 1991 / Notices
Colorado. Connecticut. Florida. Georgia,
Guam, Idaho. Illinois, Kansas. Kentucky.
Michigan, Minnesota, Nebraska, New
Mexico. New York, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon,
South Carolina, Tennessee, Texas, Utah,
and Washington. The RCRA 30Q4(j)
storage prohibition is an element of the
Land Disposal Restrictions (LDRs)
enacted in the Hazardous and Solid
Waste Amendments (HSWA) of 1984.
HSWA requires EPA to implement the
LDR provisions as they apply to mixed
waste until the authorized States receive
approval from EPA to implement them
in lieu of the Agency. EPA therefore
implements the LDRs, and this policy
applies, in the States with authorized
RCRA mixed waste programs, until the
States have also been authorized for .
their LDR programs. ; ..--,
As of April 30,1991,6 States (Georgia,
Michigan. Minnesota, Texas, North
Dakota, and Idaho) with mixed waste
programs were also authorized to ;. -.
implement the solvent and "California
List" LDRs in lieu of EPA. Since these .
States have independent authority to
enforce the LDRs. EPA's enforcement
policy affects EPA's enforcement of the
LDRs, but is not binding on. these 6
States. Therefore, facility owners and
operators should consult with the ,.
responsible officials in these States for
clarification on these States' policy with
respect to storage of LDR prohibited'.
mixed wastes.. '-"'.'
During the term of this policy, ,/ ;
additional States are likely to receive ,
authorization for mixed waste and LDR
programs. Facility owners and operators
should track the 'authorization, status of
their State program, in order to ascertain
whether they are covered by this policy,
or whether other restrictions based on
State law might apply to mixed waste
storage.
IV. Background
A. Regulatory Status of Mixed Wastes '
"Mixed wastes" are a special category
of wastes, because they contain a
hazardous waste component regulated
under Subtitle C of RCRA and a
radioactive waste component regulated
under the AHA. Although section
1004(27) of RCRA excludes "source,"
"special nuclear,*1 and "byproduct
material" from the definition of RCRA
"solid waste," EPA issued a notice on
July 3,1386 (51 FR 24504) which clarified
that RCRA applies to wastes which
contain both a hazardous waste
component and a component consisting
of source, byproduct, or special nuclear
material. The hazardous waste
components of mixed wastes are subject
to RCRA management standards for
hazardous wastes, whereas the.
regulation of the radionuclides (and
their radiological hazards) are
addressed under AEA authority. The .
Nuclear Regulatory Commission (NRC)
and the Department of Energy (DOE)
have concurred with the position that
RCRA applies to the hazardous waste
component of mixed wastes.
B. Applicability of LDRs
Like other hazardous wastes, mixed
wastes are subject to the land disposal
restrictions (LDRs). The LDRs currently
apply to all the hazardous waste
components of mixed wastes if those ..
components were listed or identified by
November 8,1984. LDRs and. -
corresponding treatment standards for
mixed wastes containing solvents and
dioxins went into effect on November 8,.
1986 and November 8,1988. In addition,
LDR disposal prohibitions on
"California List" wastes were effective
on July 8,1987. For the remaining listed
or identified wasts. HSWA directed EPA
to establish a 3-phased schedule for the ,
effective date of LDR prohibitions and
the promulgation of treatment standards
by EPA. For the "scheduled wastes"- that
were also mixed wastes, EPA deferred
issuing treatment standards until the
issuance of the last phase (the 'Third..
Third") of the HSWA-scheduled LDR ;
regulations. The final Third Third Rule
(55 FR 22520) was published on June 1,
1990. This rule established a national
' capacity variance for mixed wastes
identified as hazardous because they
contained a component that was a First
Third, Second Third, or Third Third
scheduled waste. The national variance'
for the scheduled mixed wastes'was *
based on the finding that there was
inadequate treatment capacity for these
mixed wastes (55 FR 22532). The effect
of the national capacity variance was to
extend the effective date of the LDR
prohibitions for these mixed wastes
until May 8,1992. This national capacity
variance did not extend, however, to
mixed wastes containing solvents,
dioxins, or California List wastes. These
wastes akeady received national
capacity variances in earlier
rulemakings, and HSWA precludes the
Agency from issuing further national
capacity variances in such cases. (RCRA
3004(h)(2). However, EPA is aware that
there is inadequate treatment capacity
for many mixed wastes containing.
solvents or California List components.
C. The LDR Storage Prohibition
The aspect of the LDRs affected by
this policy is the "storage prohibition"
enacted in HSWA section 3004(j). This
provision prohibits any storage of a land
disposal prohibited waste (including
mixed waste) except "for the purpose of
the accumulation of such quantities of
hazardous waste as are necessary to
facilitate proper recovery, treatment, or
disposal." The provision has relevance
to mixed waste management, since there
are currently no facilities providing
disposal capacity for commercially
generated mixed wastes. Also, there are
limited treatment options for much of
the mixed waste generated by
commercial generators (NRC fuel cycle
and materials licensees) and by DOE.
EPA has previously concluded that
storage of a waste pending development
of treatment capacity does not
constitute storage to accumulate
sufficient quantities to facilitate proper
treatment or disposal. Under section
3004(j), generators must rely on the
capacity variances and case-by-case
extensions authorized by section 3004(h)
to deal with treatment capacity '
shortages. In enacting section 3004(j),
Congress intended to eliminate the . :
hazards associated with long-term
storage. The "treat-as-you-go" approach
is critical to the effectiveness of the
LDRs, and the storage prohibition
promotes expeditious development and
use of treatment processes. Hazardous
Waste Treatment Council v. EPA, 886
F.2d 355, 357 (D.C. Cir. 1989). During the
development of the Third Third Rule,
EPA solicited comment on alternative
approaches that might have broadened
the allowable bases for storing . '
prohibited wastes. In the final rale,
however, the Agency rejected the
suggested alternatives and instead
affirmed the strict interpretation of the
storage prohibition, while leaving open
the possibility of developing another
position on the mixed waste storage
issue (see 55 FR 22672-22673). This
document announces the policy
anticipated in the June 1,1990 rule
notice.
D. Mixed Waste Treatment Capacity
Shortage
The shortage of treatment capacity for
mixed wastes generated by DOE
facilities is well documented,
particularly in the data submitted to
EPA to support the May 8,1990 national
capacity variance, and in the January,
1990 National Report on Prohibited
Wastes and Treatment Options
("National Report") prepared by DOE as
part of the Rocky Flats Federal Facilities
Compliance Agreement. EPA believes
that the mixed waste treatment capacity
shortage documented by DOE is also
affecting commercial generators. Indeed,
for the waste volumes that remain after
discounting liquid scintillation cocktail
(LSC) volumes and "storage-for-decay"
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Federal Register I VoL 56, Nb». 16ft f Thursday,; August: 29i; 1991 /.
42733
volumes, the. treatment prospects appear,
even more limited"for commercial ....
generators than for DOE- sites. In
addition,, surveys conducted by States
and' regibnaf row-Fevel waste compacts
indicate that the bulk of the
commercially generated, mixed wastes.
contain spent solvents, and California ,
List constituents for which the LDRs.are.
already effective.
Without available- treatment or
disposal capacity rbrmany mixed
wastes; generators-of t&ese wastes are
faced with: little-choice but to violate trie
LIJR storage-prohibition-, since-the- :
development of treatment on-site- is-
frequently not feasible-. Alsoj in order to-
avoid continuing violations of fee-
storage prohibition, generators could in
some cases, be forced: to curtail the
activities that generate, these wastes..
The latter could result in, the cessation
of such activities as facility and
environmental monitoring: with'
radioisotope levels, pharmaceutical
manufacturing and testing; diagnostic '
testing, nuclear medicine, and the .: ;.''
manufacture, of, tha sealed: SQureeaaad
radiaisotap&£0ErnuIatibns, used in;
connection, wftt the. afoBementibned.
activities. . .... . . ... . .'.'..- .:....
K B&aignatiaR. of Generation? Rate-
EPA is. setting a generation rate of
1,000 cubic feet/year, to define the class.
. of mixed waste generators covered' by
this enforcement policy. This .amount
was-selected on t&e basis- of annual
generation rate data reported in trie
DOE National Report and in commercial
data contained in slate surveys and
reports submitted by states m
connection-with then-MSO Governors'
Certifications under the- Eow-levet
Radioactive- Waste-Policy Amendments
Act (LLRWPAA>. EPA may
.subsequently adjust the amount upward*
or downward1, once tfie-Agency obtains
better data on generation rates; waster
treatability, and the effects of the
amount set at this leveL
EPA believes-that die IjOOttcubic feet/
yr amount will1 exclude from this policy
only about 5% of the total numberof
mixed5 waste- generators; However,, the
large generator facilities excluded1 by
this amount may account for about 98%'
of the volume of LDR prohibited .mixed
wastes. The generation rate relates only
to LDR-prohibited volumes, of, wastes, for
which there is no available treatment or
disposal capacity. LSG fluids which are
exempt from NRC-licensed disposal and
"stored-for-decay" volumes (discussed
below)' will not be counted in calculating:
the generation, rate, since they, are.
currently treatable. .
. The generation rate future o£ this
policy will focus the Agency's
enforcement resources and' the
technology-forcing' burdens of section
3004(j] on those larger mixed! waste
generators whdi ace in- a better position
to procure and/or develop- treatment
capacity- .
Only wastes that are LDR-piobiibited,
are counted, for this; purpose; because. <
wastes that are not currently prohibited
(e.g., waatea.subjiectta the. national.
capacity variance, issued May 8, 1093),
are not prohibited from- storage by
section SCHMQJ. Currently, the mixed,
wastes that are. LDRrprohibited contain.
hazardous components, that are spent
solvents {F001-F005J,. dioxihs £FD20r-
F028], or, California. List wastes.
U quid" Scintillation Cocktail (LSC)
fluids are generally not to be-ineraded'in
the calcuation of the generation- rate,
exceptfot those' volumes thatarenat
eligible for the NRCa medical' waste'
exemption (i.e., they coatain G-14.or H^
3 in excess- of the. 0,05 uCi/g, limits
spelted out at 10 CTR Z0.306j..The ESC,
fluids that are exempted' from NRG
disposal requirements by.10 CFR .20.308;
are typically burned for energy recovery
irrRCRA bojters-
may be managed sofety as hazarcfotia- -
wastes-; and1 not as mixed" wastes^
Therefore, tfeese wastes are- net at that
time subject to tfie constraint* on-
treatment andS disposal that apply- to-
other mixed7 wastes-. '--
V. Steps To Ensure Environmentally;
Responsible Operation
In order to- demonstrate that they are
pursuing environmentally responsible-
management of their mixed wastes (and
therefore should be accoeded a seduced;
enforcement priority for section- 300400;
violations J persons and facilities.
managing mixed wastes, should* be
undertaking at. least thefollowihg.steps.
A. Inventory and CampiLsuce
Assessmeatof'Storage-Areasi ' . .
Generators should maintain a record. '
identifying each physical location or .
unit where mixed waste is stored, and:
identifying themethod ^storage. {r.e;r
container or tankJ-Tkey: shonld-alsiQ-
perform regjilarly are aasessment of
these stocage- area* foe compiiance wafe.
applicable RCRA standards: for stoisge:
methods, mdndmg an asseasmsnt of
compliance with tfae- storage faciKty :
standards-of 4Q Cr-Rpart264orpait265
(interim; status); sd^actsit-^, or the .
State counterparts to these standards^
The faciMiy; records shauWicontaiirs
certification, that tte assessment hasv -
been cemduetedv and! * satmsaanjr of the1 '
complikrrce status-of eaehmrixedi waste;
storage.- area,EFAencQHrage3.facaHy
owner/operators; tT6&&i''orJnatfnrL
on generation-Tales. fa'"1<'rfBrlu Plans- ' ' " ;'-~' ;"
EPA understands, that many mixed
waste generator? are undertaking active:
measures to. avoid the generation of
mixed wastes. For example,; ... . _
"environmentaHy benign-'* Squids;
consisting: of ncn-listedsolven tsars.- v
bein» substituted as; LSCflaidsv white
operators: of nuctear reactors; hawe .
substituted tcivalent chromatefliforthc
hexavalent chroatate in corrosion,
inhibitors used ini cooUng: systemsi Eacfa
en vironmentalljfissponaibl*; misted . .
waste generator should d«v«lb]3Eaimixeif
waste minimizafioii;plan,.andr«Saaii Ac:
plan at thefaeiiity.The plan shoddu -
address process change* fliat cam be .
made to reduce or eliminate mixed '-.
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42734
Federal Register / Vol. 56. No. 168 / Thursday. August 29, 1991 / Notices
wastes, methods to minimize the volume
of regulated wastes through better
segregation of materials, and
substitution of non-hazardous materials.
The plan should include a schedule for
implementation, projections of volume
reductions to be achieved, and
assumptions that are critical to the
accomplishment of the projected
reductions.
EPA recognizes, however, that there
may be cases where it is not technically
feasible to minimize mixed waste
generation. For example, a user of
radioisotopes may be a "materials
licensee" whose AEA license merely
confers the rights to possess and use
materials fabricated under another's
specific license. Such a user may have
little or no opportunity to substitute or
segregate materials to avoid generating
regulated wastes. In other instances, the
benefits attributed to volume reduction
may be offset by the greater radiological
hazard associated with managing more
concentrated waste forms. A generator's
, wastes may also be subject to a required
treatment process (e.g., stabilization)
which would inevitably increase the
volume of the waste. In these and other
such cases of technical infeasibility, the
waste minimization plan should include
a written explanation of the basis for
the technical infeasibility.
D. Good Faith Efforts
, This policy is limited in scope to those
LDR-prohibited mixed wastes for which
sufficient, lawful treatment capacity is
not available. As stated earlier, EPA
recognizes that commercial treatment .
and disposal capacity does not exist for
many types of mixed wastes. However,
since treatment or disposal capacity
may become available in the future,
generators should document periodically
the good faith efforts they have
undertaken to ascertain whether
treatment capacity is available for their
mixed wastes. EPA further recognizes
that the availability of a process may
not always translate into adequate
capacity available to each generator,
and such circumstances should be
identified in the documentation.
E. Participation in EPA/NRC Profile
Both the management and regulation
of mixed wastes have been hampered to
a large extent by the lack of reliable
data on the mixed waste universe.
While some data have been collected
recently by DOE, there has not been a
corresponding aggregation of data
describing the volumes, characteristics,
inventories, and treatability of the
wastes generated by the commercial
sector. To rectify this situation, EPA and
NRG are undertaking a "National Profile
on Commercially Generated Low-level
Radioactive Mixed Waste." After
evaluating the adequacy of existing
surveys and data collections, the two
Agencies may determine that it is
necessary to survey or study some sub-
set of the more than 24,000 NRG and
Agreement State fuel cycle and
materials licensees. In that event, any
generator selected for the EPA/NRC
profile should cooperate fully with any
study or other information request. The
data compiled by the Agencies for the
National Profile will contribute to EPA's
determination whether to revise, revoke,
or renew the policy at the end of the
policy's term on December 31,1993.
Dated: August 13,1991.
Don R. Clay,
Assistant Administrator, Office of Solid
Waste and Emergency Response.
Raymond B. Ludwiszewski,
Acting Assistant Administrator, Office of
Enforcement.
[FR Do& 91-20741 Filed 8-28-91; 8:45 am]
BILLING CODE 6S50-50-M
[OPTS-51769; FRL 3943-1]
Toxic and Hazardous Substances;
Certain Chemicals Premanufacture
Notices
AGENCY: Environmental Protection
Agency [EPA).
ACTION: Notice.
SUMMARY: Section 5(a)(l) of the Toxic
Substances Control Act (TSCA) requires
any person who intends to manufacture
or import a new chemical substance to
submit a premanufacture notice (PMN)
to EPA at least 90 days before
manufacture or import commences.
Statutory requirements for section
5(a)(l) premanufacture notices are
discussed in the final rule published in
the Federal Register of May 13.1983 (48
FR 21722). This notice announces receipt
'of 22 such PMNs and provides a
summary of each. : ' '
DATES: Close of review periods: .
P 91-1297, 91-1298, "November 6.
1991. -
P 91-1300,91-1301, 91-1302, 91-1303,
November 9,1991.
P 91-1304, October 29,1991.
P 91-1305, 91-1306, 91-1307, 91-1308,
November 10,1991.
P 91-1309, 91-1310, 91-1311, 91-1312.
91-1313, 91-1314, 91-1315, 91-1316.91-
1317, 91-1318, 91-1319, November 11.
1991. .
Written comments by:
P 91-1297, 91-1298, October 7,1991.
P 91-1300, 91-1301, 91-1302, 91-1303,
October 10,1991.
P 91-1304, September 29,1991.
P 91-1305, 91-1306, 91-1307, 91-1308,
October 11.1991.
P 91-1309, 91-1310, 91-1311, 91-1312,
91-1313, 91-1314, 91-1315, 91-1316, 91-
1317, 91-1318, 91-1319, October 12,
1991.
ADDRESSES: Written comments,
identified by the document control
number "(OPTS-51769)" and the specific
PMN number should be sent to:
Document Processing Center (TS-790),
Office of Toxic Substances,
Environmental Protection Agency,,401 M
St.. SW.. room L-100, Washington. DC,
20460, (202) 382-3532.
FOR FURTHER INFORMATION CONTACT:
Michael M. Stahl, Director,
Environmental Assistance Division (TS-
799), Office of Toxic Substances,
Environmental Protection Agency, rm.
EB-44, 401 M St., SW., Washington. DC.
20460 (202) 554-1404, TDD (202) 554-
0551.
SUPPLEMENTARY INFORMATION: The
following notice contains information .
extracted from the nonconfidential
version of the submission provided by
the manufacturer on the PMNs received
by EPA. The complete nonconfidential
document is available in the Public
Reading Room NE-G004 at the above
address between 8 a.m. and 4 p.m.,
Monday through .Friday, excluding legal
holidays. - .
P91-1297 . ;/ _ '_' ''._'' '^ , .' . .
Manufacturer. Donlar Corporation. .
Chemical. '(S) Potassium salt of ,
polyaspartic acid. :. .
Use-/Production. (S) Anti-redeposition
agent in detergent. Prod, range: '
Confidential. .
Toxicity Data. Acute oral toxicity:
LD50 5 g/kg species (rat).
P01-1298
Manufacturer. Donlar Corporation.
Chemical. (S) Ammonium salt of
polyaspartic acid.
Use/Production. (S) Anti-redeposition
agent in detergent. Prod, range:
Confidential.. ..
P 01-1300
Importer, Ausimont USA, Inc.
Chemical. (G) Fluorinated
polyurethane.
Use/Import. (S) Seals. Import range:
Confidential.
P91-13O1 .
Manufacturer. E.I. Du Pont De
Nemours Co., Inc. ;
Chemical. (G) Benzoic acid, 2-
substituted-3-methyl-. methyl ester. '
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