Additional Data Available on Wastes Studied in the Report to Congress on Cement Kiln Dust

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5072-1]

Additional Data Available on Wastes Studied in the Report to

Congress on Cement Kiln Dust

AGENCY: Environmental Protection Agency.

ACTION: Notice of Data Availability 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 studied in

the Agency's December, 1993, Report to Congress on Cement Kiln Dust

(see 59 FR 709, 1/6/94). Pursuant to a proposed consent decree in

Environmental Defense Fund (EDF) v. Browner (D.C. Civ. No. 89-0598),

the Agency has committed to making a final regulatory determination on

whether this waste stream should continue to retain the exemption from

regulation under Subtitle C of the Resource Conservation and Recovery

Act (RCRA) no later than January 31, 1995. Specifically, the Agency and

EDF filed a joint motion on June 27, 1994, to modify the proposed

consent decree to specify the January 31, 1995, deadline.

DATES: The Agency is soliciting comment only on the new data described

in this notice, and is not reopening the comment period on the Report

to Congress on Cement Kiln Dust. Public comments on the additional data

will be accepted through October 14, 1994. No extensions of the comment

period will be granted.

ADDRESSES: 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, 401 M Street SW., Washington, DC

20460. Please place the docket number F-94-RC2A-FFFFF on your comments.

The additional data are available for public inspection at the RCRA

docket, 401 M Street SW., Washington, DC, Room M2416, 2nd floor,

Waterside Mall. Docket hours are 9 a.m. to 4 p.m., Monday through

Friday, except Federal holidays. In order to view the docket, please

call (202) 260-9327 to make an appointment. Comments on the new data

will be accepted through October 14, 1994.

Certain of the documents placed in the docket for this notice are

also available in electronic format from EPA's Superfund electronic

bulletin board (CLU-IN). The file names are: CKD1.ZIP, CKD2.ZIP, and

CKD3.ZIP, and are located in file area #6 (RCRA/Superfund/UST). The

data number is (301) 589-8366; the voice number for help in using the

CLU-IN bulletin board is (301) 589-8368. Modem settings are N-8-1

(parity, data bits and stop bit, respectively), and data transmission

rate up to 9600 bps.

FOR FURTHER INFORMATION CONTACT: For general information, contact the

RCRA/Superfund Hotline at (800) 424-9346 or (202) 260-3000; for

technical information contact Bill Schoenborn (5302W), U.S.

Environmental Protection Agency, 401 M Street SW., Washington, DC

20460, (703) 308-8483.

SUPPLEMENTARY INFORMATION:

I. Background

RCRA Section 3001(b)(3)(A) (i-iii) (hereafter referred to as the

Bevill Exemption) exempts among other wastes ``cement kiln dust waste''

from regulation under RCRA Subtitle C, pending completion of a Report

to Congress and a subsequent regulatory determination of whether such

regulation is warranted. In particular, Section 8002(o) of RCRA

requires EPA to conduct a detailed and comprehensive study and submit a

Report to Congress on the adverse effects on human health and the

environment, if any, of the disposal of cement kiln dust waste (CKD).

Factors to be considered include:

(1) The source and volumes of such material generated per year;

(2) Present disposal practices;

(3) Potential danger, if any, to human health and the environment

from the disposal of [CKD];

(4) Documented cases in which danger to human health or the

environment has been proved;

(5) Alternatives to current disposal practices;

(6) The costs of such alternatives;

(7) The impact of those alternatives on the use of natural

resources; and

(8) The current and potential utilization of such materials.

Based on this mandate, the Agency conducted a study of cement kiln

dust waste and prepared the following report: The Report to Congress on

Cement Kiln Dust Waste (hereafter referred to as the ``RTC'' or ``the

Report''), released in December, 1993. This report contains a detailed

study of cement kiln dust. In the RTC, the Agency presented and

solicited public comment on five regulatory options for cement kiln

dust, based on the findings of the Report. These options are: (1)

Retaining the Bevill exemption for CKD; (2) Retaining the exemption and

entering into discussions with the industry to voluntarily implement

dust recycling technologies, reduce waste, and control certain off-site

uses; (3) Removing the exemption, but delaying implementation of

regulations to allow the industry time to employ pollution prevention

options; (4) Removing the exemption, and implementing hazardous waste

rules immediately; and (5) Promulgating tailored regulatory standards

under Subtitle C for the management of CKD.

The Report to Congress was signed by the Administrator on December

30, 1993. In an effort to gather comment on the Report, the Agency held

a series of public meetings on February 8, 10, and 14, and March 7, 9,

and 10 with representatives of the cement industry, the hazardous waste

management industry, regional and State environmental authorities, and

citizen groups. In addition, the Agency held a formal public hearing on

the Report in Washington, D.C., on February 15, 1994. The public

comment period on the Report closed on March 8, 1994. The Agency has

received nearly 1100 comments on the Report. The public comments and

the hearing transcript are available for public inspection at the RCRA

docket (docket number F-94-RCKA-FFFFF).

Not all information contained in comments on the Report was

considered appropriate for use in these new analyses. The reasons for

not considering specific data will be addressed in the Final Regulatory

Determination, although the general reasons for not using specific data

are summarized in the RCRA docket in a preamble to the technical

background documents supporting this Notice.

II. Additional Information

To supplement the information included in the 1993 RTC on cement

kiln dust waste, the Agency has analyzed information submitted as

public comment on the Report, and undertaken several data collection

efforts. Analytical data on EPA's own cement kiln dust samples, sample

analytical data submitted by industry in response to the Agency's 1992

RCRA Sec. 3007 data request, and sample analytic data submitted as

comment on the Report has been obtained and utilized by the Agency.

Also, additional information related to plant-specific environmental

risk has been obtained from publicly available data sources.

Furthermore, information on endangered species and the demographic

make-up (income and ethnicity) of populations around cement

manufacturing facilities have been obtained from various other Federal

and public agencies. The data collected regarding these cement kiln

dust wastes specifically address: waste characteristics, waste

generation, environmental impacts of CKD releases, and potential

environmental justice concerns. Because these new data may be utilized

in the regulatory decision-making process for cement kiln dust waste,

the new data are being placed into the RCRA docket for public

inspection and comment. For all readers to clearly distinguish these

new data, they have been placed under a new docket number: F-94-RC2A-

FFFFF. The Agency will provide a full response to comments on these new

data and all comments on the Report to Congress when it publishes the

Final Regulatory Determination on cement kiln dust.

A complete list of all new materials placed in the docket is

available from the RCRA Docket at the address and telephone number

listed above. The new data include:

Summary of analytical data and data validation reports on metals

content of cement kiln dust from EPA sampling conducted at six cement

manufacturing facilities in May 1993. The as-managed cement kiln dust

samples that were collected during EPA's May 1993 sampling effort were

subjected to analyses for metals constituents (total basis) subsequent

to the initial analytical effort. The Agency solicits comment on this

new metals data and how it should affect the Agency's final regulatory

determination.

A compendium of technical and engineering information pertinent to

cement kiln dust received by EPA and analyzed since the close of the

public comment period on the Report to Congress. The compendium

includes statistical analyses of dioxin and metals analytical data;

descriptions of regression models; the results of regression analyses

on cement kiln dust composition data, kiln characteristics, and fuel

types and usage rates; description and results of calculations of

generation and disposal rates of metals contained in cement kiln dust.

Publicly available demographic information from the U.S. Census

Bureau on income and ethnicity characteristics of populations living

around 41 cement manufacturing facilities.

Materials obtained from public files or maintained by State

regulatory agencies on specific cement manufacturing sites in Michigan,

Pennsylvania, and Texas. These materials focus on waste

characterization and environmental monitoring data, along with

supporting background information, and were used to compile new

documented cases in which danger to human health and the environment

has been proved (``damage cases''). Specific information in the docket

includes a description of each new damage case plus documentation

solicited by the Agency beyond the information contained in the Report

and in comments.

Materials related to the Agency's assessment of CKD risk potential,

including: (1) An expanded data base (spreadsheet format) of CKD risk

factors for 83 cement plants (includes new industry data on waste

quantity, characteristics and EPA-assembled data from public sources on

plant locations and potential receptors); (2) preliminary results from

an expanded plant-specific risk screening for 83 plants and multiple

risk pathways; (3) additional risk modeling results for predicted

blood-lead level effects, including revisions to RTC estimates based on

revised IEUBK model protocol and additional results for sensitivity

scenarios; (4) additional applications of the RTC risk modeling results

for fine dust particles via the direct inhalation pathway showing

relationships of predicted dust exposures to the National Ambient Air

quality Standards for fine particles; (5) an analysis of the prevalence

of karst terrain and implications for the Agency's groundwater pathway

risk assessments; and (6) an analysis of the proximity and prevalence

of threatened and endangered species to cement plants.

Materials related to the Agency's analysis of the costs and impacts

of alternative CKD management practices, including: (1) A summary of

industry-submitted data on cement kiln dust waste land management

costs; (2) data on costs of off-site CKD land disposal; and (3) revised

costs for the Passamaquoddy Technology flue gas scrubber recovery

system.

The Agency solicits comments on all aspects of the information

sources described in this Notice. All comments on new data received by

the close of the comment period will be considered by the Agency when

making a final regulatory determination on cement kiln dust waste.

Comments will be accepted and considered only on the new data

specifically identified under the above docket number. EPA will not

consider comments in response to this notice on the 1993 Report to

Congress and data and analyses presented therein. In addition, since

EPA is required to reach a final regulatory determination by January

31, 1995, no time extension to the comment period will be granted.

Dated: September 8, 1994.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste and Emergency Response.

[FR Doc. 94-22720 Filed 9-13-94; 8:45 am]

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