ENVIRONMENTAL
QUALITY BOARDAcceptance of Rulemaking Petition for Study [34 Pa.B. 1641] On February 17, 2004, the Environmental Quality Board (Board) accepted a rulemaking petition for study under 25 Pa. Code Chapter 23 (relating to Environmental Quality Board policy for processing petitions--statement of policy).
The petition, submitted by MAX Environmental Technologies, Inc. (MAX), requests the delisting of treated hazardous waste K061 (electric arc furnace dust from steel production) at MAX's Yukon, PA, facility. MAX submitted the petition under the hazardous waste regulations in 25 Pa. Code § 260a.20 (relating to rulemaking petitions) and 40 CFR 260.20 and 260.22, which are incorporated by reference in 25 Pa. Code § 260a.1 (relating to incorporation by reference, purpose, scope and applicability). MAX asserts that residues resulting from treatment of K061 wastes at its Yukon facility no longer meet the criteria for which K061 was originally identified as a hazardous waste and are below the Universal Treatment Standards in 40 CFR Part 268, Subpart D.
Under the Board's acceptance of the petition, the Department of Environmental Protection (Department) will prepare a report evaluating the petition. This report, which must be completed within 60 days from the date the petition was accepted by the Board, will include a recommendation on whether the Board should approve the action requested in the petition. If the recommendation is to change a regulation, the report will also specify the anticipated date that the Board will consider a proposed rulemaking. If the report cannot be completed within the 60-day period, the Department is required to state how much additional time is necessary to complete the report at the next Board meeting.
The previously referenced petition is available to the public for review by contacting the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526. The petition is also accessible on the Department's website: www.dep.state.pa.us (DEP Keyword: EQB; under ''Meeting Agendas/Handouts/Minutes'' choose ''2004'' then ''February 17, 2004'').
KATHLEEN A. MCGINTY,
Chairperson[Pa.B. Doc. No. 04-487. Filed for public inspection March 19, 2004, 9:00 a.m.]
