Review Process To Determine Whether the Waste Isolation Pilot Plant Continues To Comply With the Disposal Regulations and Compliance Criteria, 61268-61271 [2014-24260]
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61268
Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Proposed Rules
Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Telemarketing Sales Rule
Regulatory Review, 16 CFR Part 310,
Project No. R411001’’ on your comment.
File your comment online at https://
ftcpublic.commentworks.com/ftc/
telemarketingsalesnprm by following
the instructions on the Web-based form.
If you prefer to file your comment on
paper, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex B), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex B),
Washington, DC 20024.
SUPPLEMENTARY INFORMATION: The
Commission is extending the comment
period for its rule review of the TSR to
November 13, 2014. The Commission’s
Notice requesting public comment
posed an extensive list of questions on
the costs, benefits and efficacy of the
TSR in the marketplace, and whether
the Commission should retain, modify,
or rescind it.1 The Commission also
specifically requested comment on three
issues: (1) Whether the preaquired
account information provisions of the
TSR should be modified in view of
current credit card association rules and
the Restore Online Shoppers Confidence
Act, 15 U.S.C. 8401 (2010); (2) what
impact, if any, the increasing use of
general media to solicit inbound calls
from consumers to purchase a variety of
goods or services, including those
involving a negative option or free trial,
is having; and (3) the costs and burdens
of modifying the recordkeeping
requirements of the TSR to require
telemarketers to retain their own call
records. The regulatory review comment
period was to end on October 14, 2014.
In a letter dated September 25, 2014,
which the Commission received on
September 29, 2014, the Professional
Association for Customer Engagement
(‘‘PACE’’) requested that the
Commission extend the comment period
for an additional two months. The
Commission recognizes that the
extensive list of questions on which it
has requested public comment raise
significant issues and believes that
extending the comment period for 30
days will be sufficient to facilitate a
more complete record.
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ADDRESSES:
1 Federal Trade Commission: Telemarketing Sales
Rule, Rule Review, 79 FR 46732 (Aug. 11, 2014).
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You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before November 13, 2014. Write
‘‘Telemarketing Sales Rule Regulatory
Review, 16 CFR Part 310, Project No.
R411001’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the public
Commission Web site, at https://www.ftc.
gov/os/publiccomments.shtm. As a
matter of discretion, the Commission
tries to remove individuals’ home
contact information from comments
before placing them on the Commission
Web site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment doesn’t
include any sensitive personal
information, such as anyone’s Social
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, such as medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information . . . which is
privileged or confidential,’’ as provided
in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names. If you want the Commission to
give your comment confidential
treatment, you must file it in paper
form, with a request for confidential
treatment, and you have to follow the
procedure explained in FTC Rule 4.9(c),
16 CFR 4.9(c). Your comment will be
kept confidential only if the FTC
General Counsel grants your request in
accordance with the law and the public
interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
telemarketingsalesnprm, by following
the instructions on the Web-based form.
If this Notice appears at https://
www.regulations.gov, you also may file
a comment through that Web site.
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If you prefer to file your comment on
paper, write ‘‘Telemarketing Sales Rule
Regulatory Review, 16 CFR Part 310,
Project No. R411001’’ on your comment
and on the envelope and mail your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex B),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex B), Washington, DC 20024. If
possible, submit your paper comment to
the Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read the August
11, 2014 Notice and the news release
describing it. The FTC Act and other
laws that the Commission administers
permit the collection of public
comments to consider and use in this
proceeding as appropriate.
The Commission will consider all
timely and responsive public comments
that it receives on or before November
13, 2014. You can find more
information, including routine uses
permitted by the Privacy Act, in the
Commission’s privacy policy, at https://
www.ftc.gov/ftc/privacy.htm.
By direction of the Commission.
Janice Podoll Frankle,
Acting Secretary.
[FR Doc. 2014–24247 Filed 10–9–14; 8:45 am]
BILLING CODE 6750–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 191 and 194
[EPA–HQ–OAR–2014–0609; FRL–9917–73–
OAR]
Review Process To Determine Whether
the Waste Isolation Pilot Plant
Continues To Comply With the
Disposal Regulations and Compliance
Criteria
Environmental Protection
Agency.
ACTION: Notice of availability; official
opening of public comment period.
AGENCY:
The Environmental Protection
Agency (EPA, or the Agency) intends to
evaluate whether or not the Waste
Isolation Pilot Plant (WIPP) continues to
comply with the Agency’s
environmental radiation protection
standards for the disposal of radioactive
waste. Pursuant to the 1992 WIPP Land
Withdrawal Act (LWA), as amended, the
SUMMARY:
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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Proposed Rules
U.S. Department of Energy (DOE, or the
Department) must submit
documentation of continued compliance
with the EPA’s standards for disposal
and other statutory requirements every
five years after the initial receipt of
transuranic waste at WIPP.
The DOE’s 2014 Compliance
Recertification Application (CRA) was
received by the EPA on March 26, 2014,
and a copy may be found on the EPA’s
WIPP Web site (https://www.epa.gov/
radiation/wipp/2014application.html)
and in the public dockets (see
ADDRESSES Section). The EPA will
determine when the DOE has provided
a complete application; the Agency’s
completeness determination will be
conveyed to the DOE and published in
the Federal Register. The EPA will
evaluate the ‘‘complete’’ application in
determining whether the WIPP facility
continues to comply with the radiation
protection standards for disposal. The
Agency requests public comment on all
aspects of the DOE’s application.
DATES: Comments in response to DOE’s
2014 recertification application must be
received by the end of the comment
period. The comment period will extend
beyond the time when the EPA notifies
the DOE that the recertification
application is complete. The ending
date of the public comment period will
be specified in a subsequent Federal
Register document. Announcements
will be published in the Federal
Register to provide information on the
Agency’s completeness determination
and final recertification decision.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2014–0609, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: to a-and-r-docket@epa.gov.
• Fax: 202–566–1741.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
Instructions: Direct your comments to
Attn: Docket ID No. EPA–HQ–OAR–
2014–0609. The Agency’s policy is that
all comments received will be included
in the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
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protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters or
any form of encryption and be free of
any defects or viruses. For additional
information about the EPA’s public
docket visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at
www.regulations.gov or in hard copy at
the Air and Radiation Docket, the EPA/
DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
As provided in the EPA’s regulations at
40 CFR part 2, and in accordance with
normal the EPA docket procedures, if
copies of any docket materials are
requested, a reasonable fee may be
charged for photocopying.
These documents are also available
for review in electronic (CD/DVD)
format at the WIPP Information Center
in DOE’s Carlsbad Field Office (SkeenWhitlock Building). The Carlsbad WIPP
Information Center is open from 8:00
a.m. to 3:00 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the WIPP
Information Center is 1–800–336–WIPP.
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61269
Ray
Lee, Office of Radiation and Indoor Air,
Radiation Protection Division, Center
for Radiation Information and Outreach,
Mail Code 6608T, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, Washington, DC 20460;
telephone number: 202–343–9463; fax
number: 202–343–2305; email address:
lee.raymond@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. General Information
A. What should I consider as I prepare
my comments for the EPA?
1. Submitting CBI. Do not submit this
information to the EPA through
www.regulations.gov or email. Clearly
mark the information that you claim to
be CBI. For CBI information in a disk or
CD–ROM that you mail to the EPA,
mark the outside of the disk or CD–ROM
as CBI and then identify electronically
within the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—the agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
II. Background
The WIPP was authorized in 1980,
under section 213 of the DOE National
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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Proposed Rules
Security and Military Applications of
Nuclear Energy Authorization Act of
1980 (Pub. L. 96–164, 93 Stat. 1259,
1265), ‘‘for the express purpose of
providing a research and development
facility to demonstrate the safe disposal
of radioactive wastes resulting from the
defense activities and programs of the
United States.’’ The WIPP is a disposal
system for transuranic (TRU) radioactive
waste. Developed by the DOE, the
facility is located near Carlsbad in
southeastern New Mexico. TRU waste is
emplaced 2,150 feet underground in an
ancient layer of salt that will eventually
‘‘creep’’ and encapsulate the waste
containers. The WIPP has a total
capacity of 6.2 million cubic feet of TRU
waste.
The 1992 WIPP LWA (Pub. L. 102–
579) 1 limits radioactive waste disposal
in the WIPP to TRU radioactive wastes
generated by defense-related activities.
TRU waste is defined as waste
containing more than 100 nano-curies
per gram of alpha-emitting radioactive
isotopes, with half-lives greater than
twenty years and atomic numbers
greater than 92. The Act further
stipulates that radioactive waste shall
not be TRU waste if such waste also
meets the definition of high-level
radioactive waste, has been specifically
exempted from regulation with the
concurrence of the Administrator, or has
been approved for an alternate method
of disposal by the Nuclear Regulatory
Commission. The TRU radioactive
waste proposed for disposal in the WIPP
consists of materials such as rags,
equipment, tools, protective gear and
sludges that have become contaminated
during atomic energy defense activities.
The radioactive component of TRU
waste consists of man-made elements
created during the process of nuclear
fission, chiefly isotopes of plutonium.
Some TRU waste is contaminated with
hazardous wastes regulated under the
Resource Conservation and Recovery
Act (RCRA; 42 U.S.C. 6901–6992k). The
waste proposed for disposal at the WIPP
derives from Federal facilities across the
United States, including locations in
Colorado, Idaho, New Mexico, Nevada,
Ohio, South Carolina, Tennessee, and
Washington.
The WIPP must meet the EPA’s
generic disposal standards at 40 CFR
Part 191, Subparts B and C, for highlevel and TRU radioactive waste. These
standards limit releases of radioactive
materials from disposal systems for
radioactive waste, and require
1 The 1992 WIPP Land Withdrawal Act was
amended by the ‘‘Waste Isolation Pilot Plant Land
Withdrawal Act Amendments,’’ which were part of
the National Defense Authorization Act for Fiscal
Year 1997.
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implementation of measures to provide
confidence for compliance with the
radiation release limits. Additionally,
the regulations limit radiation doses to
members of the public, and protect
ground water resources by establishing
maximum concentrations for
radionuclides in ground water. To
determine whether the WIPP facility
meets these disposal standards, the
Agency issued the 1997 WIPP
Compliance Criteria (40 CFR part 194),
which interprets and implement the
disposal standards specifically for the
WIPP site. The Compliance Criteria—
along with its accompanying preamble
and supporting documents—describe
what information the DOE must provide
and how the EPA evaluates WIPP’s
performance and provides ongoing
independent oversight. Thus, the
Agency implemented its environmental
radiation protection standards, 40 CFR
part 191, by applying the WIPP
Compliance Criteria, 40 CFR part 194, to
the disposal of TRU radioactive waste at
the WIPP. For more information about
40 CFR part 191, refer to Federal
Register notices published in 1985 (50
FR 38066–38089, September 19, 1985)
and 1993 (58 FR 66398–66416,
December 20, 1993). For more
information about 40 CFR part 194, refer
to Federal Register notices published in
1996 (61 FR 5224–5245, February 9,
1996) and 1995 (60 FR 5766–5791,
January 30, 1995).
Using the process outlined in the
WIPP Compliance Criteria, the EPA
determined on May 18, 1998 (63 FR
27354), that DOE had demonstrated that
the WIPP complied with Agency’s
radioactive waste disposal regulations at
subparts B and C of 40 CFR part 191.
The EPA’s certification determination
permitted the WIPP to begin accepting
TRU waste for disposal, provided that
other applicable conditions and
environmental regulations were met.
Since the 1998 certification decision,
the EPA has conducted ongoing
independent technical review and
inspections of all WIPP activities related
to compliance with the EPA’s disposal
regulations. The initial certification
decision identified the starting
(baseline) conditions for the WIPP site
and established the waste and facility
characteristics necessary to ensure
proper disposal in accordance with the
regulations. At that time, the EPA and
the DOE understood that future
information and knowledge gained from
the actual operations of the WIPP would
result in changes to best practices and
procedures for the facility.
In recognition of this, section 8(f) of
the amended WIPP LWA requires the
EPA to evaluate all changes in
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conditions or activities at the WIPP
every five years to determine if the
facility continues to comply with the
Agency’s disposal regulations. This
determination is not subject to standard
rulemaking procedures or judicial
review, as stated in the aforementioned
section of the WIPP LWA.
The first recertification process began
with the DOE’s submittal of the initial
CRA, which was received by the Agency
on March 26, 2004. The EPA deemed
the CRA–2004 to be complete on
September 29, 2005, and published its
first WIPP recertification decision on
March 29, 2006 (71 FR 18010).
The EPA received the Department’s
second CRA on March 24, 2009. The
Agency deemed the CRA–2009 to be
complete on June 29, 2010, and
published the second WIPP
recertification decision on November
18, 2010 (75 FR 70584).
The EPA received the Department’s
third CRA on March 26, 2014. After EPA
has determined that the application is
complete, the Agency will review the
CRA–2014 to ensure that all of the
changes made at the WIPP since the
second recertification process have been
accurately reflected and that the facility
will continue to safely contain TRU
radioactive waste. If the EPA approves
the CRA–2014, it will set the parameters
for how the WIPP will be operated by
the DOE over the next five years. This
approved CRA–2014 (along with any
supplemental completeness information
submitted by the DOE) will then serve
as the baseline for the next
recertification that will occur starting in
2019.
An important consideration in the
EPA’s review of the DOE’s CRA–2014 is
the radiation release that took place in
the WIPP’s underground disposal area
in February 2014. Recovery activities
are currently ongoing. EPA conducted
oversight activities in response to the
incident and these activities are
discussed on EPA’s Web site (https://
www.epa.gov/radiation/news/wippnews.html#wippradevent). EPA’s review
confirmed that DOE remains in
compliance with EPA’s standards;
however, EPA identified several areas
where improvements would enhance
DOE’s ability to provide the best
possible information to the public and
its partner agencies during a release.
Although the incident took place after
the preparation of the CRA–2014, the
Department has indicated that changes
will need to be made to the WIPP
disposal system in order to reopen the
facility and that the DOE will provide
supplemental information to the Agency
on the incident and potential
ramifications on compliance. This
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information will be made available in
the Agency’s public dockets and posted
on EPA’s WIPP Web site. The EPA is
currently considering how anticipated
changes in the facility design will
impact the recertification process.
With today’s notice, the Agency
solicits public comment on the DOE’s
documentation of whether the WIPP
facility continues to comply with the
disposal regulations. A copy of the
application is available for inspection
on the EPA’s WIPP Web site (https://
www.epa.gov/radiation/wipp/
2014application.html) and in the public
dockets described in the ADDRESSES
section. Other background information
related to the Agency’s recertification
activities are also available in our public
dockets and on our WIPP Web site. The
EPA will evaluate the complete
application in determining whether the
WIPP continues to comply with the
radiation protection standards for
disposal. In addition, the EPA will
consider public comment and other
information relevant to the WIPP’s
compliance. The Agency is most
interested in public comment on issues
where changes have occurred that may
potentially impact the WIPP’s ability to
remain in compliance with the
requirements in the EPA’s disposal
regulations, as well as any areas where
the public believes that changes have
occurred and have not been identified
by the DOE. Additionally the Agency
expects to provide public meetings in
New Mexico during the review process
to encourage and facilitate participation
by interested stakeholders.
The first step in the recertification
process is a ‘‘completeness’’
determination. The EPA will make this
completeness determination as a first
step in its more extensive technical
review of the application. This
determination is based on a number of
the Agency’s WIPP-specific guidances,
most notably, the ‘‘Compliance
Application Guidance’’ (CAG; EPA Pub.
402–R–95–014) and ‘‘Guidance to the
U.S. Department of Energy on
Preparation for Recertification of the
Waste Isolation Pilot Plant with 40 CFR
Parts 191 and 194’’ (Docket A–98–49,
Item II–B3–14; December 12, 2000).
Both guidance documents include
guidelines regarding: (1) Content of
certification/recertification applications;
(2) documentation and format
requirements; (3) time frame and
evaluation process; and (4) change
reporting and modification. The Agency
developed these guidance documents to
assist the DOE with the preparation of
any compliance application for the
WIPP. It is the Agency’s intent that
these guidance documents give the DOE
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and the public a general understanding
of the information that is expected to be
included in a complete application of
compliance. However, the DOE does not
have to resubmit information already
supplied to the EPA in prior
recertification applications. Thus, the
focus of each recertification is on any
changes to the disposal system since the
previous recertification decision (in this
case, 2009–2010). The EPA may request
additional information as necessary
from the Department to ensure the
completeness of the CRA.
Once the 2014 recertification
application is deemed complete, the
EPA will provide the DOE with written
notification of its completeness
determination and publish a Federal
Register notice announcing this
determination. All correspondence
between the EPA and the DOE regarding
the completeness of the CRA–2014, as
well as any additional supplemental
information submitted by the
Department, will be posted on our Web
site and placed in the public dockets.
The EPA will make a final decision as
to whether the WIPP continues to meet
the disposal regulations after each of the
aforementioned steps (technical analysis
of the application, issuance of a notice
on the CRA–2014’s completeness in the
Federal Register, and analyses of public
comment) have been completed. As
required by the WIPP LWA, the Agency
will make a final recertification decision
within six months of issuing its
completeness determination.
List of Subjects in 40 CFR Part 191 and
194
Environmental protection, Radiation
protection, Transuranic radioactive
waste, Waste treatment and disposal,
Waste Isolation Pilot Plant.
Dated: October 1, 2014.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2014–24260 Filed 10–9–14; 8:45 am]
BILLING CODE 6560–50–P
filed by S and H Broadcasting, LLC,
proposing the substitution for Channel
228C2 for vacant Channel 286C2 at
Ehrenberg, Arizona because the channel
substitution was made in another
proceeding, MB Docket No. 11–207. The
Audio Division also grants the ‘‘hybrid’’
application for Station KQCM, North
Shore, California, File No. BPH–
20120316ABT.
DATES:
October 10, 2014.
Secretary, Federal
Communications Commission, 445
12fth Street SW., Washington, DC
20554.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
This is a
synopsis of the Report and Order, MB
Docket No. 13–51, adopted September
18, 2014, and released September 19,
2014. The full text of this Commission
decision is available for inspection and
copying during normal business hours
in the FCC’s Reference Information
Center at Portals II, CY–A257, 445 12th
Street SW., Washington, DC 20554. This
document may also be purchased from
the Commission’s duplicating
contractors, Best Copy and Printing,
Inc., 445 12th Street SW., Room CY–
B402, Washington, DC 20554, telephone
1–800–378–3160 or via email
www.BCPIWEB.com. This document
does not contain information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. This document is not subject to the
Congressional Review Act. (The
Commission is not required to submit a
copy of this Report and Order to
Government Accountability Office,
pursuant to the Congressional Review
Act, see 5 U.S.C. Section 801(a)(1)(A)
because no rule changes were made).
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 13–51; RM–11692; DA 14–
1362]
Radio Broadcasting Services;
Ehrenberg, Arizona
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 2014–24113 Filed 10–9–14; 8:45 am]
BILLING CODE 6712–01–P
Federal Communications
Commission.
ACTION: Proposal rule; dismissal.
AGENCY:
The Audio Division dismisses
as moot the Petition for Rule Making
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Proposed Rules]
[Pages 61268-61271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24260]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 191 and 194
[EPA-HQ-OAR-2014-0609; FRL-9917-73-OAR]
Review Process To Determine Whether the Waste Isolation Pilot
Plant Continues To Comply With the Disposal Regulations and Compliance
Criteria
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability; official opening of public comment
period.
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SUMMARY: The Environmental Protection Agency (EPA, or the Agency)
intends to evaluate whether or not the Waste Isolation Pilot Plant
(WIPP) continues to comply with the Agency's environmental radiation
protection standards for the disposal of radioactive waste. Pursuant to
the 1992 WIPP Land Withdrawal Act (LWA), as amended, the
[[Page 61269]]
U.S. Department of Energy (DOE, or the Department) must submit
documentation of continued compliance with the EPA's standards for
disposal and other statutory requirements every five years after the
initial receipt of transuranic waste at WIPP.
The DOE's 2014 Compliance Recertification Application (CRA) was
received by the EPA on March 26, 2014, and a copy may be found on the
EPA's WIPP Web site (https://www.epa.gov/radiation/wipp/2014application.html) and in the public dockets (see ADDRESSES
Section). The EPA will determine when the DOE has provided a complete
application; the Agency's completeness determination will be conveyed
to the DOE and published in the Federal Register. The EPA will evaluate
the ``complete'' application in determining whether the WIPP facility
continues to comply with the radiation protection standards for
disposal. The Agency requests public comment on all aspects of the
DOE's application.
DATES: Comments in response to DOE's 2014 recertification application
must be received by the end of the comment period. The comment period
will extend beyond the time when the EPA notifies the DOE that the
recertification application is complete. The ending date of the public
comment period will be specified in a subsequent Federal Register
document. Announcements will be published in the Federal Register to
provide information on the Agency's completeness determination and
final recertification decision.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0609, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: to a-and-r-docket@epa.gov.
Fax: 202-566-1741.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2014-0609. The Agency's policy is that all comments received will
be included in the public docket without change and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at www.regulations.gov or in hard copy at the Air and Radiation Docket,
the EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air and Radiation Docket is (202) 566-1742. As provided
in the EPA's regulations at 40 CFR part 2, and in accordance with
normal the EPA docket procedures, if copies of any docket materials are
requested, a reasonable fee may be charged for photocopying.
These documents are also available for review in electronic (CD/
DVD) format at the WIPP Information Center in DOE's Carlsbad Field
Office (Skeen-Whitlock Building). The Carlsbad WIPP Information Center
is open from 8:00 a.m. to 3:00 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the WIPP Information Center is
1-800-336-WIPP.
FOR FURTHER INFORMATION CONTACT: Ray Lee, Office of Radiation and
Indoor Air, Radiation Protection Division, Center for Radiation
Information and Outreach, Mail Code 6608T, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460;
telephone number: 202-343-9463; fax number: 202-343-2305; email
address: lee.raymond@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. What should I consider as I prepare my comments for the EPA?
1. Submitting CBI. Do not submit this information to the EPA
through www.regulations.gov or email. Clearly mark the information that
you claim to be CBI. For CBI information in a disk or CD-ROM that you
mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then
identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--the agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
The WIPP was authorized in 1980, under section 213 of the DOE
National
[[Page 61270]]
Security and Military Applications of Nuclear Energy Authorization Act
of 1980 (Pub. L. 96-164, 93 Stat. 1259, 1265), ``for the express
purpose of providing a research and development facility to demonstrate
the safe disposal of radioactive wastes resulting from the defense
activities and programs of the United States.'' The WIPP is a disposal
system for transuranic (TRU) radioactive waste. Developed by the DOE,
the facility is located near Carlsbad in southeastern New Mexico. TRU
waste is emplaced 2,150 feet underground in an ancient layer of salt
that will eventually ``creep'' and encapsulate the waste containers.
The WIPP has a total capacity of 6.2 million cubic feet of TRU waste.
The 1992 WIPP LWA (Pub. L. 102-579) \1\ limits radioactive waste
disposal in the WIPP to TRU radioactive wastes generated by defense-
related activities. TRU waste is defined as waste containing more than
100 nano-curies per gram of alpha-emitting radioactive isotopes, with
half-lives greater than twenty years and atomic numbers greater than
92. The Act further stipulates that radioactive waste shall not be TRU
waste if such waste also meets the definition of high-level radioactive
waste, has been specifically exempted from regulation with the
concurrence of the Administrator, or has been approved for an alternate
method of disposal by the Nuclear Regulatory Commission. The TRU
radioactive waste proposed for disposal in the WIPP consists of
materials such as rags, equipment, tools, protective gear and sludges
that have become contaminated during atomic energy defense activities.
The radioactive component of TRU waste consists of man-made elements
created during the process of nuclear fission, chiefly isotopes of
plutonium. Some TRU waste is contaminated with hazardous wastes
regulated under the Resource Conservation and Recovery Act (RCRA; 42
U.S.C. 6901-6992k). The waste proposed for disposal at the WIPP derives
from Federal facilities across the United States, including locations
in Colorado, Idaho, New Mexico, Nevada, Ohio, South Carolina,
Tennessee, and Washington.
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\1\ The 1992 WIPP Land Withdrawal Act was amended by the ``Waste
Isolation Pilot Plant Land Withdrawal Act Amendments,'' which were
part of the National Defense Authorization Act for Fiscal Year 1997.
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The WIPP must meet the EPA's generic disposal standards at 40 CFR
Part 191, Subparts B and C, for high-level and TRU radioactive waste.
These standards limit releases of radioactive materials from disposal
systems for radioactive waste, and require implementation of measures
to provide confidence for compliance with the radiation release limits.
Additionally, the regulations limit radiation doses to members of the
public, and protect ground water resources by establishing maximum
concentrations for radionuclides in ground water. To determine whether
the WIPP facility meets these disposal standards, the Agency issued the
1997 WIPP Compliance Criteria (40 CFR part 194), which interprets and
implement the disposal standards specifically for the WIPP site. The
Compliance Criteria--along with its accompanying preamble and
supporting documents--describe what information the DOE must provide
and how the EPA evaluates WIPP's performance and provides ongoing
independent oversight. Thus, the Agency implemented its environmental
radiation protection standards, 40 CFR part 191, by applying the WIPP
Compliance Criteria, 40 CFR part 194, to the disposal of TRU
radioactive waste at the WIPP. For more information about 40 CFR part
191, refer to Federal Register notices published in 1985 (50 FR 38066-
38089, September 19, 1985) and 1993 (58 FR 66398-66416, December 20,
1993). For more information about 40 CFR part 194, refer to Federal
Register notices published in 1996 (61 FR 5224-5245, February 9, 1996)
and 1995 (60 FR 5766-5791, January 30, 1995).
Using the process outlined in the WIPP Compliance Criteria, the EPA
determined on May 18, 1998 (63 FR 27354), that DOE had demonstrated
that the WIPP complied with Agency's radioactive waste disposal
regulations at subparts B and C of 40 CFR part 191. The EPA's
certification determination permitted the WIPP to begin accepting TRU
waste for disposal, provided that other applicable conditions and
environmental regulations were met.
Since the 1998 certification decision, the EPA has conducted
ongoing independent technical review and inspections of all WIPP
activities related to compliance with the EPA's disposal regulations.
The initial certification decision identified the starting (baseline)
conditions for the WIPP site and established the waste and facility
characteristics necessary to ensure proper disposal in accordance with
the regulations. At that time, the EPA and the DOE understood that
future information and knowledge gained from the actual operations of
the WIPP would result in changes to best practices and procedures for
the facility.
In recognition of this, section 8(f) of the amended WIPP LWA
requires the EPA to evaluate all changes in conditions or activities at
the WIPP every five years to determine if the facility continues to
comply with the Agency's disposal regulations. This determination is
not subject to standard rulemaking procedures or judicial review, as
stated in the aforementioned section of the WIPP LWA.
The first recertification process began with the DOE's submittal of
the initial CRA, which was received by the Agency on March 26, 2004.
The EPA deemed the CRA-2004 to be complete on September 29, 2005, and
published its first WIPP recertification decision on March 29, 2006 (71
FR 18010).
The EPA received the Department's second CRA on March 24, 2009. The
Agency deemed the CRA-2009 to be complete on June 29, 2010, and
published the second WIPP recertification decision on November 18, 2010
(75 FR 70584).
The EPA received the Department's third CRA on March 26, 2014.
After EPA has determined that the application is complete, the Agency
will review the CRA-2014 to ensure that all of the changes made at the
WIPP since the second recertification process have been accurately
reflected and that the facility will continue to safely contain TRU
radioactive waste. If the EPA approves the CRA-2014, it will set the
parameters for how the WIPP will be operated by the DOE over the next
five years. This approved CRA-2014 (along with any supplemental
completeness information submitted by the DOE) will then serve as the
baseline for the next recertification that will occur starting in 2019.
An important consideration in the EPA's review of the DOE's CRA-
2014 is the radiation release that took place in the WIPP's underground
disposal area in February 2014. Recovery activities are currently
ongoing. EPA conducted oversight activities in response to the incident
and these activities are discussed on EPA's Web site (https://www.epa.gov/radiation/news/wipp-news.html#wippradevent). EPA's review
confirmed that DOE remains in compliance with EPA's standards; however,
EPA identified several areas where improvements would enhance DOE's
ability to provide the best possible information to the public and its
partner agencies during a release. Although the incident took place
after the preparation of the CRA-2014, the Department has indicated
that changes will need to be made to the WIPP disposal system in order
to reopen the facility and that the DOE will provide supplemental
information to the Agency on the incident and potential ramifications
on compliance. This
[[Page 61271]]
information will be made available in the Agency's public dockets and
posted on EPA's WIPP Web site. The EPA is currently considering how
anticipated changes in the facility design will impact the
recertification process.
With today's notice, the Agency solicits public comment on the
DOE's documentation of whether the WIPP facility continues to comply
with the disposal regulations. A copy of the application is available
for inspection on the EPA's WIPP Web site (https://www.epa.gov/radiation/wipp/2014application.html) and in the public dockets
described in the ADDRESSES section. Other background information
related to the Agency's recertification activities are also available
in our public dockets and on our WIPP Web site. The EPA will evaluate
the complete application in determining whether the WIPP continues to
comply with the radiation protection standards for disposal. In
addition, the EPA will consider public comment and other information
relevant to the WIPP's compliance. The Agency is most interested in
public comment on issues where changes have occurred that may
potentially impact the WIPP's ability to remain in compliance with the
requirements in the EPA's disposal regulations, as well as any areas
where the public believes that changes have occurred and have not been
identified by the DOE. Additionally the Agency expects to provide
public meetings in New Mexico during the review process to encourage
and facilitate participation by interested stakeholders.
The first step in the recertification process is a ``completeness''
determination. The EPA will make this completeness determination as a
first step in its more extensive technical review of the application.
This determination is based on a number of the Agency's WIPP-specific
guidances, most notably, the ``Compliance Application Guidance'' (CAG;
EPA Pub. 402-R-95-014) and ``Guidance to the U.S. Department of Energy
on Preparation for Recertification of the Waste Isolation Pilot Plant
with 40 CFR Parts 191 and 194'' (Docket A-98-49, Item II-B3-14;
December 12, 2000). Both guidance documents include guidelines
regarding: (1) Content of certification/recertification applications;
(2) documentation and format requirements; (3) time frame and
evaluation process; and (4) change reporting and modification. The
Agency developed these guidance documents to assist the DOE with the
preparation of any compliance application for the WIPP. It is the
Agency's intent that these guidance documents give the DOE and the
public a general understanding of the information that is expected to
be included in a complete application of compliance. However, the DOE
does not have to resubmit information already supplied to the EPA in
prior recertification applications. Thus, the focus of each
recertification is on any changes to the disposal system since the
previous recertification decision (in this case, 2009-2010). The EPA
may request additional information as necessary from the Department to
ensure the completeness of the CRA.
Once the 2014 recertification application is deemed complete, the
EPA will provide the DOE with written notification of its completeness
determination and publish a Federal Register notice announcing this
determination. All correspondence between the EPA and the DOE regarding
the completeness of the CRA-2014, as well as any additional
supplemental information submitted by the Department, will be posted on
our Web site and placed in the public dockets.
The EPA will make a final decision as to whether the WIPP continues
to meet the disposal regulations after each of the aforementioned steps
(technical analysis of the application, issuance of a notice on the
CRA-2014's completeness in the Federal Register, and analyses of public
comment) have been completed. As required by the WIPP LWA, the Agency
will make a final recertification decision within six months of issuing
its completeness determination.
List of Subjects in 40 CFR Part 191 and 194
Environmental protection, Radiation protection, Transuranic
radioactive waste, Waste treatment and disposal, Waste Isolation Pilot
Plant.
Dated: October 1, 2014.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2014-24260 Filed 10-9-14; 8:45 am]
BILLING CODE 6560-50-P