[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Proposed Rules]
[Pages 11826-11828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5642]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter 1

[FRL-7635-7]
RIN 2060-AL71


Approaches to an Integrated Framework for Management and Disposal 
of Low-Activity Radioactive Waste: Request for Comment; Extension of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance Notice of Proposed Rulemaking (ANPR); extension of 
comment period.

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SUMMARY: The Environmental Protection Agency is extending the comment 
period for the Advance Notice of

[[Page 11827]]

Proposed Rulemaking titled ``Approaches to an Integrated Framework for 
Management and Disposal of Low-Activity Radioactive Waste: Request for 
Comment,'' which appeared in the Federal Register on November 18, 2003 
(68 FR 65120). The public comment period for this ANPR was to end on 
March 17, 2004. The purpose of this notice is to extend the comment 
period.

DATES: EPA will accept public comments on this ANPR until May 17, 2004. 
Comments received after that date will be marked ``late'' and accepted 
at our discretion.

ADDRESSES: Comments may be submitted by mail to Air and Radiation 
Docket, Environmental Protection Agency, EPA West Room B108, Mailcode: 
6102T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Attention 
Docket ID No. OAR-2003-0095. Comments may also be submitted 
electronically or through hand delivery/courier. Follow the detailed 
instructions as provided in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Dan Schultheisz, Radiation Protection 
Division, Office of Radiation and Indoor Air, Mailcode: 6608J, United 
States Environmental Protection Agency, Washington, DC, 20460-0001; 
telephone (202) 343-9300; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The ANPR that is the subject of this notice, 
and which was published in the Federal Register on November 18, 2003 
(68 FR 65120), requested public comment on a variety of technical and 
policy issues related to the management and disposal of ``low-
activity'' radioactive waste. The ANPR outlined approaches that EPA 
believes could help improve the current regulatory system and provide 
more consistency in the management of these wastes. Most prominent is 
the potential use of hazardous waste landfills permitted under Subtitle 
C of the Resource Conservation and Recovery Act (RCRA) for wastes 
containing low concentrations of radionuclides. Waste streams discussed 
in the ANPR include wastes currently regulated at the Federal level 
(such as mixed hazardous and radioactive wastes) and wastes primarily 
regulated by States (such as wastes containing natural radioactivity).
    The comment period for the ANPR was scheduled to end on March 17, 
2004. However, the Agency has received both formal and informal 
requests to extend the comment period. The Utilities Solid Waste 
Activities Group has formally requested that EPA extend the comment 
period, noting that it is submitting comments on several other EPA 
rulemaking actions with comment periods ending close to that date. The 
National Mining Association and Wyoming Mining Association have made 
similar requests. EPA believes these requests are reasonable. EPA also 
notes that this action is not subject to any statutory or judicial 
deadlines. We are therefore extending the comment period for this ANPR 
until May 17, 2004.
    EPA also notes that several public interest groups, particularly 
the Nuclear Information and Resource Service (NIRS) and Public Citizen, 
have requested extensions of six and eight months, respectively. The 
reason given for these requests is to ensure that those communities in 
the vicinity of disposal facilities potentially affected by an EPA 
action are fully informed of the issues raised in the ANPR. An 
extension of such length, particularly at the ANPR stage, would be 
highly unusual. Periods of 30 or 45 days are more typical. Further, 
should EPA decide that a rulemaking is appropriate, there will be 
additional opportunity for public comment on any proposed rule that 
contains specific regulatory language. EPA believes that a 60-day 
extension until May 17, 2004, making the entire comment period six 
months, is sufficient. However, EPA appreciates this concern and is 
considering a number of methods to ensure that local communities are 
involved in all stages of the process.

How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments, but will do so at 
its discretion.

Electronically

    If you submit an electronic comment as prescribed below, EPA 
recommends that you include your name, mailing address, and an e-mail 
address or other contact information in the body of your comment. Also 
include this contact information on the outside of any disk or CD-ROM 
you submit, and in any cover letter accompanying the disk or CD-ROM. 
This ensures that you can be identified as the submitter of the comment 
and allows EPA to contact you in case EPA cannot read your comment due 
to technical difficulties or needs further information on the substance 
of your comment. EPA's policy is that EPA will not edit your comment, 
and any identifying or contact information provided in the body of a 
comment will be included as part of the comment that is placed in the 
official public docket, and made available in EPA's electronic public 
docket. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the 
online instructions for submitting comments. To access EPA's electronic 
public docket from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select 
``search,'' and then key in Docket ID No. OAR-2003-0095. The system is 
an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OAR-2003-0095. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    You may submit comments on a disk or CD-ROM that you mail to the 
mailing address identified in the following paragraph. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.

By Mail

    Send your comments to: Air and Radiation Docket, Environmental 
Protection Agency, EPA West Room B108, Mailcode: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. 
OAR-2003-0095.

[[Page 11828]]

By Hand Delivery or Courier

    Deliver your comments to: Air and Radiation Docket in the EPA 
Docket Center, EPA West Room B108, 1301 Constitution Ave., NW., 
Washington, DC, 20004, Attention Docket ID No. OAR-2003-0095. Such 
deliveries are only accepted during the Docket's normal hours of 
operation (8:30 a.m. to 4:30 p.m. Monday through Friday, excluding 
legal holidays).

By Facsimile

    Fax your comments to (202) 566-1741, Attention Docket ID. No. OAR-
2003-0095.

    Dated: March 4, 2004.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 04-5642 Filed 3-11-04; 8:45 am]
BILLING CODE 6560-50-P