EPA is providing notice of, and soliciting written comments
on, a tentative determination to deny an administrative petition
submitted by the Sierra Club under RCRA section 7004. EPA issued an
earlier notice denying this same petition in November 2008. However,
the Agency at that time failed to comply with notice and comment
provisions in its regulations. Accordingly, we are now giving the
public the opportunity to provide comments on this tentative decision.
This petition requests EPA to reconsider the final rule, ``Regulation
of Oil-Bearing Hazardous Secondary Materials from the Petroleum Refining Industry
Processed in a Gasification System to Produce Synthesis Gas,''
published in the Federal Register on January 2, 2008. The EPA
considered the petition, along with information contained in the
rulemaking docket, and has tentatively decided to deny the petition. In
a letter from EPA Assistant Administrator Mathy Stanislaus dated
January 21, 2011, EPA provided the petitioner with its tentative
decision to deny the petition for reconsideration. The letter explains
EPA's reasons for tentatively deciding to deny the petition. After
evaluating all public comments, as well as any other information in the
rulemaking record, EPA will publish either a final denial of the
petition or issue a proposed rule to amend or repeal the regulation.