Waste Characterization Program Documents Applicable to Transuranic Radioactive Waste From the Idaho National Engineering and Environmental Laboratory Advanced Mixed Waste Treatment Project for Disposal at the Waste Isolation Pilot Plant, 11913-11916 [05-4713]
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Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Proposed Rules
April 11, 2000 (65 FR 19477), or you
may visit https://dms.dot.gov.
Background and purpose: As we
stated in the original notice and request
for public comments (69 FR 63979, Nov.
3, 2004), the City of Fall River,
Massachusetts, has petitioned the Coast
Guard to promulgate regulations
establishing thermal and vapor
dispersion exclusion zone requirements
for liquefied natural gas (LNG) spills on
water. The City asks that these
regulations be similar to Department of
Transportation regulations for LNG
spills on land, contained in 49 CFR
193.2057 and 193.2059. In our original
notice, we provided a public comment
period that ended February 1, 2005. At
the end of that comment period, we
received a letter from the Attorney
General of Rhode Island that read in
part: ‘‘I wish to emphasize that my
office is waiting for the completion of a
Threat Analysis. I am formally
requesting that the public comment
period in this docket remain open for an
additional sixty (60) days to allow for
consideration of [that] report.’’ In light
of this request, the Coast Guard is
providing an additional sixty-day
comment period. The public is invited
to review the material contained in the
docket and submit relevant comments.
The Coast Guard will consider the City’s
petition, any comments received from
the public, and other information to
determine whether or not to initiate the
requested rulemaking.
Dated: March 2, 2005.
Howard L. Hime,
Acting Director of Standards, Marine Safety,
Security, and Environmental Protection, U.S.
Coast Guard.
[FR Doc. 05–4600 Filed 3–9–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R01–OAR–2005–ME–0001; A–1–FRL–7881–
1]
Approval and Promulgation of Air
Quality Implementation Plans; Maine;
NOX Control Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Maine. This revision establishes
requirements to reduce emissions of
nitrogen oxides (NOX) emissions from
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large stationary sources. The intended
effect of this action is to approve these
requirements into the Maine SIP. EPA is
taking this action in accordance with
the Clean Air Act (CAA).
DATES: Written comments must be
received on or before April 11, 2005.
ADDRESSES: When submitting your
comments, include the Regional
Material in EDocket (RME) ID Number
R01–OAR–2005–ME–0001 by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ Regional
Material in EDocket (RME), EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: conroy.dave@epa.gov.
4. Fax: (617) 918–0661.
5. Mail: ‘‘RME ID Number R01–OAR–
2005–ME–0001,’’ David Conroy, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100 (mail code
CAQ), Boston, MA 02114–2023.
6. Hand Delivery or Courier. Deliver
your comments to: David Conroy, Unit
Manager, Air Quality Planning, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, 11th floor, (CAQ),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Christine Sansevero, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (CAQ), Boston, MA 02114–
2023, (617) 918–1699,
sansevero.christine@epa.gov.
In the
Rules section of this Federal Register,
EPA is approving the state’s SIP
submittal as a direct final rule without
prior proposal because the Agency
SUPPLEMENTARY INFORMATION:
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views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If EPA receives no adverse
comments in response to this rule, the
Agency anticipates no further activity. If
EPA receives adverse comments, the
Agency will withdraw the direct final
rule and will address all public
comments we receive in a subsequent
final rule based on this proposed rule.
EPA will not institute a second
comment period. Any parties interested
in commenting on this action should do
so at this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
For additional information, see the
direct final rule which is located in the
Rules section of this Federal Register.
Dated: February 18, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 05–4708 Filed 3–9–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 194
[FRL–7882–9]
Waste Characterization Program
Documents Applicable to Transuranic
Radioactive Waste From the Idaho
National Engineering and
Environmental Laboratory Advanced
Mixed Waste Treatment Project for
Disposal at the Waste Isolation Pilot
Plant
Environmental Protection
Agency.
ACTION: Notice of availability; opening
of public comment period.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA, or ‘‘we’’) is announcing
an inspection for the week of February
28, 2005, at the Idaho National
Engineering and Environmental
Laboratory (INEEL) Advanced Mixed
Waste Treatment Project (AMWTP).
With this notice, we also announce
availability of Department of Energy
(DOE) documents in the EPA Docket,
and solicit public comments on these
documents for a period of 30 days. The
following DOE documents, entitled
‘‘INEEL Advanced Mixed Waste
Treatment Project Certification Plan for
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Contact-Handled Transuranic Waste,
MP–TRUW–8.1, Revision 7’’ and
‘‘INEEL Advanced Mixed Waste
Treatment Project Quality Assurance
Project Plan, MP–TRUW–8.2, Revision
3,’’ are available for public review in the
public dockets listed in the ADDRESSES
section. EPA will conduct an inspection
of waste characterization systems and
processes at INEEL/AMWTP to verify
that the site can characterize transuranic
waste in accordance with EPA’s WIPP
Compliance Criteria.
DATES: EPA is requesting public
comment on the documents. Comments
must be received by EPA’s official Air
Docket on or before April 11, 2005.
ADDRESSES: Comments may be
submitted electronically, by mail, by
facsimile, or through hand delivery/
courier. Follow the detailed instructions
as provided in Unit I.B of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Ms.
Rajani Joglekar, Office of Radiation and
Indoor Air, (202) 343–9462. You can
also call EPA’s toll-free WIPP
Information Line, 1–800–331–WIPP or
visit our Web site at https://www.epa/
gov/radiation/wipp.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under Docket ID No. OAR–2005–0080.
The official public docket consists of the
documents specifically referenced in
this action, any public comments
received, and other information related
to this action. Although a part of the
official docket, the public docket does
not include Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
The official public docket is the
collection of materials that is available
for public viewing at the Air and
Radiation Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center 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.
These documents are also available for
review in paper form at the official EPA
Air Docket in Washington, DC, Docket
No. A–98–49, Category II–A2, and at the
following three EPA WIPP informational
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docket locations in New Mexico: in
Carlsbad at the Municipal Library,
Hours: Monday–Thursday, 10 a.m.–9
p.m., Friday–Saturday, 10 a.m.–6 p.m.,
and Sunday 1 p.m.–5 p.m.; in
Albuquerque at the Government
Publications Department, Zimmerman
Library, University of New Mexico,
Hours: vary by semester; and in Santa
Fe at the New Mexico State Library,
Hours: Monday–Friday, 9 a.m.–5 p.m.
As provided in EPA’s regulations at 40
CFR Part 2, and in accordance with
normal EPA docket procedures, if
copies of any docket materials are
requested, a reasonable fee may be
charged for photocopying.
2. Electronic Access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Once in the system, select ‘‘search,’’
then key in the appropriate docket
identification number.
Certain types of information will not
be placed in the EPA Dockets.
Information claimed as CBI and other
information whose disclosure is
restricted by statute, which is not
included in the official public docket,
will not be available for public viewing
in EPA’s electronic public docket. EPA’s
policy is that copyrighted material will
not be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. To the extent feasible, publicly
available docket materials will be made
available in EPA’s electronic public
docket. When a document is selected
from the index list in EPA Dockets, the
system will identify whether the
document is available for viewing in
EPA’s electronic public docket.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B. EPA
intends to work towards providing
electronic access to all of the publicly
available docket materials through
EPA’s electronic public docket.
For public commenters, it is
important to note that EPA’s policy is
that public comments, whether
submitted electronically or in paper,
will be made available for public
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viewing in EPA’s electronic public
docket as EPA receives them and
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA’s electronic public docket. The
entire printed comment, including the
copyrighted material, will be available
in the public docket.
Public comments submitted on
computer disks that are mailed or
delivered to the docket will be
transferred to EPA’s electronic public
docket. Public comments that are
mailed or delivered to the Docket will
be scanned and placed in EPA’s
electronic public docket. Where
practical, physical objects will be
photographed, and the photograph will
be placed in EPA’s electronic public
docket along with a brief description
written by the docket staff.
For additional information about
EPA’s electronic public docket visit EPA
Dockets online or see 67 FR 38102, May
31, 2002.
B. 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. However, late comments
may be considered if time permits.
1. 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
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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.
i. EPA Dockets. 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 https://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–2005–0080. 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.
ii. E-mail. Comments may be sent by
electronic mail (e-mail) to a-and-rdocket@epa.gov, Attention Docket ID
No. OAR–2005–0080. In contrast to
EPA’s electronic public docket, EPA’s email 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.
2. By Mail. Send your comments to:
EPA Docket Center (EPA/DC), Air and
Radiation Docket, Environmental
Protection Agency, EPA West, Mail
Code 6102T, 1200 Pennsylvania
Avenue, N.W., Washington, DC 20460.
Attention Docket ID No. OAR–2005–
0080.
3. By Hand Delivery or Courier.
Deliver your comments to: Air and
Radiation Docket, EPA Docket Center,
(EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC, Attention Docket ID No. OAR–
2005–0080. Such deliveries are only
accepted during the Docket’s normal
hours of operation as identified in Unit
I.A.1.
4. By Facsimile. Fax your comments
to: (202) 566–1741, Attention Docket ID.
No. OAR–2005–0080.
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C. What Should I Consider as I Prepare
My Comments for EPA?
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible.
2. Describe any assumptions that you
used.
3. Provide any technical information
and/or data you used that support your
views.
4. If you estimate potential burden or
costs, explain how you arrived at your
estimate.
5. Provide specific examples to
illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your
comments by the comment period
deadline identified.
8. To ensure proper receipt by EPA,
identify the appropriate docket
identification number in the subject line
on the first page of your response. It
would also be helpful if you provided
the name, date, and Federal Register
citation related to your comments.
II. Background
DOE is developing the WIPP near
Carlsbad in southeastern New Mexico as
a deep geologic repository for disposal
of TRU radioactive waste. As defined by
the WIPP Land Withdrawal Act (LWA)
of 1992 (Pub. L. 102–579), as amended
(Pub. L. 104–201), TRU waste consists
of materials containing elements having
atomic numbers greater than 92 (with
half-lives greater than twenty years), in
concentrations greater than 100
nanocuries of alpha-emitting TRU
isotopes per gram of waste. Much of the
existing TRU waste consists of items
contaminated during the production of
nuclear weapons, such as rags,
equipment, tools, and sludges.
On May 13, 1998, EPA announced its
final compliance certification decision
to the Secretary of Energy (published
May 18, 1998, 63 FR 27354). This
decision stated that the WIPP will
comply with EPA’s radioactive waste
disposal regulations at 40 CFR Part 191,
Subparts B and C.
The final WIPP certification decision
includes conditions that (1) prohibit
shipment of TRU waste for disposal at
WIPP from any site other than the Los
Alamos National Laboratory (LANL)
until the EPA determines that the site
has established and executed a quality
assurance program, in accordance with
§§ 194.22(a)(2)(i), 194.24(c)(3), and
194.24(c)(5) for waste characterization
activities and assumptions (Condition 2
of Appendix A to 40 CFR Part 194); and
(2) prohibit shipment of TRU waste for
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disposal at WIPP from any site other
than LANL until the EPA has approved
the procedures developed to comply
with the waste characterization
requirements of § 194.22(c)(4)
(Condition 3 of Appendix A to 40 CFR
Part 194). The EPA’s approval process
for waste generator sites is described in
§ 194.8. As part of EPA’s decisionmaking process, the DOE is required to
submit to EPA appropriate
documentation of quality assurance and
waste characterization programs at each
DOE waste generator site seeking
approval for shipment of TRU
radioactive waste to WIPP. In
accordance with § 194.8, EPA has
placed this documentation in the
official Air Docket in Washington, DC,
and informational dockets in the State
of New Mexico for public review and
comment.
EPA will perform an inspection of the
Idaho National Engineering and
Environmental Laboratory (INEEL)
Advanced Mixed Waste Treatment
Project (AMWTP)’s technical program
for waste characterization in accordance
with Condition 3 of the WIPP
certification. We will evaluate the
adequacy, implementation, and
effectiveness of technical processes
related to the AMWTP’s TRU waste
characterization and certification
activities. The elements of 40 CFR 194.8
waste characterization to be inspected
are: (1) Acceptable knowledge (AK),
nondestructive assay (NDA), and the
WIPP Waste Information System
(WWIS) for the purpose of confirming
processes used to characterize CH TRU
debris (compressed) waste; and, (2) the
WWIS for characterizing CH TRU solid
waste. The inspection is scheduled to
take place the week of February 28,
2005.
EPA has placed DOE documents
pertinent to the inspection in the public
docket described in ADDRESSES. These
include: (1) INEEL Advanced Mixed
Waste Treatment Project Certification
Plan for Contact-Handled Transuranic
Waste, MP–TRUW–8.1, Revision 7, and
(2) INEEL Advanced Mixed Waste
Treatment Project Quality Assurance
Project Plan, MP–TRUW–8.2, Revision
3. The documents have been placed in
Docket A–98–49, Category II–A2, and
can also be found online in EPA’s
EDOCKET OAR–2005–0080. In
accordance with 40 CFR 194.8, as
amended by the final certification
decision, EPA is providing the public 30
days to comment on these documents.
If EPA determines as a result of the
inspection that the proposed processes
and programs at INEEL/AMWTP
adequately control the characterization
of transuranic waste, we will notify DOE
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by letter and place the letter in the
official Air Docket in Washington, DC,
as well as in the informational docket
locations in New Mexico. A letter of
approval will allow DOE to ship
transuranic waste characterized by the
approved processes from INEEL/
AMWTP to the WIPP. The EPA will not
make a determination of compliance
prior to the inspection or before the 30day comment period has closed.
Information on the certification decision
is filed in the official EPA Air Docket,
Docket No. A–93–02 and is available for
review in Washington, DC, and at three
EPA WIPP informational docket
locations in New Mexico. The dockets
in New Mexico contain only major
items from the official Air Docket in
Washington, DC, plus those documents
added to the official Air Docket since
the October 1992 enactment of the WIPP
LWA.
Dated: March 3, 2005.
Robert Brenner,
Acting Assistant Administrator for Air and
Radiation.
[FR Doc. 05–4713 Filed 3–9–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 22
[WT Docket No. 04–435; FCC 04–288]
Facilitating the Use of Cellular
Telephones and Other Wireless
Devices Aboard Airborne Aircraft
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document, the
Commission proposes to replace or relax
the ban on the airborne usage of 800
MHz cellular handsets as well as
proposes other steps to facilitate the use
of wireless handsets and devices,
including those used for broadband
applications, on airborne aircraft in
appropriate circumstances. These
actions should benefit consumers by
adding to future and existing air-ground
communications options that will
provide greater access for mobile voice
and broadband services while airborne.
DATES: Comments are due on or before
April 11, 2005, and reply comments are
due May 9, 2005.
FOR FURTHER INFORMATION CONTACT: Guy
Benson, Mobility Division, Wireless
Telecommunications Bureau, at 202–
418–2946 or via e-mail at
Guy.Benson@fcc.gov.
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This is a
summary of the Federal
Communications Commission’s Notice
of Proposed Rulemaking (NPRM), FCC
04–288, in WT Docket No. 04–435,
adopted December 15, 2004, and
released February 15, 2005. The full text
of this document is available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, 445 12th St., SW.,
Room CY–A257, Washington, DC 20554.
The complete text may be purchased
from the Commission’s duplicating
contractor: Best Copy & Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone 800–
378–3160, facsimile 202–488–5563, or
via e-mail at fcc@bcpiweb.com. The full
text may also be downloaded at:
https://www.fcc.gov. Alternative formats
are available to persons with disabilities
by contacting Brian Millin at (202) 418–
7426 or TTY (202) 418–7365 or at
Brian.Millin@fcc.gov.
SUPPLEMENTARY INFORMATION:
I. Synopsis of the Notice of Proposed
Rulemaking
1. In this Notice of Proposed
Rulemaking, we propose to replace or
relax our ban on airborne usage of 800
MHz cellular handsets as well as
propose other steps to facilitate the use
of wireless handsets and devices,
including those used for broadband
applications, on airborne aircraft in
appropriate circumstances.
2. In 1991, the Commission adopted
its prohibition on using 800 MHz
cellular phones while airborne. The rule
prevents the airborne use of cellular
phones carried onboard by passengers
or crew members, as well as use of
cellular equipment that might be
installed permanently, on both private
and commercial aircraft. The ban was
adopted in order to guard against the
threat of harmful interference from
airborne use of cellular phones to
terrestrial cellular networks. While
Personal Communications Services
(PCS) under part 24 and Wireless
Communications Services (WCS) under
part 27 are not subject to an airborne use
prohibition by Commission rules,
regulations promulgated by the Federal
Aviation Administration (FAA) prohibit
the use of all types of mobile
telephones, as well as other portable
electronic devices (PEDs), on aircraft,
unless the aircraft operator has
determined that the use of the PED
(including mobile/cellular telephones)
will not interfere with the aircraft’s
aviation navigation and communication
systems. Thus, while our objective is to
relax or remove the Commission’s
prohibition on the airborne use of
cellular telephones, any steps we
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ultimately take will leave the use of
personal electronic devices (including
cellular and other wireless handsets)
aboard aircraft subject to the rules and
policies of the FAA and aircraft
operators.
3. We believe that allowing the use of
wireless handsets during flight has the
potential to benefit homeland security,
business, and consumers by adding to
future and existing air-ground
communications options, including
broadband applications. We thus
believe that the removal or modification
of the Commission’s cellular airborne
prohibition will benefit public safety
and homeland security personnel in
need of an air-to-ground
communications link in case of an
emergency situation. It should also
provide enhanced flexibility for service
providers to meet the increasing
demand for access to mobile telephone
and mobile data services and encourage
the deployment of innovative and
efficient communications technologies
and applications. Because of these
potential benefits, we tentatively
conclude that our current blanket
prohibition on airborne cellular use
should be modified, and we seek
comment on ways to ensure that this
can be accomplished without creating
the potential for harmful interference to
terrestrial cellular networks. We believe
that taking action that will lead to more
opportunities for service and less
regulation for cellular licensees, yet
which guards against harmful
interference to terrestrial wireless
communications, serves the public
interest.
4. Accordingly, we believe that
section 22.925 of our rules should be
replaced with a more flexible policy,
and we seek comment on whether the
proposals detailed below are
appropriate substitutes for the current
ban on airborne cellular use.
A. Use of Wireless Handsets Controlled
by Onboard Pico Cells
5. One promising technological
approach that could support noninterfering airborne use of wireless
handsets is to control handset operation
through use of airborne ‘‘pico cells.’’ In
effect, an airborne pico cell is a low
power cellular base station installed in
the aircraft for the purpose of
communicating with (and controlling
the operations of) cellular handsets or
other cellular devices brought on the
aircraft by passengers and crew. Thus, a
pico cell is analogous to an in-building
wireless system (like those used in large
buildings, malls, etc.) for use in the
aircraft. The cellular signal travels from
the cellular handset to the pico cell,
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]]>Agencies
[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Proposed Rules]
[Pages 11913-11916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4713]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-7882-9]
Waste Characterization Program Documents Applicable to
Transuranic Radioactive Waste From the Idaho National Engineering and
Environmental Laboratory Advanced Mixed Waste Treatment Project for
Disposal at the Waste Isolation Pilot Plant
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability; opening of public comment period.
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SUMMARY: The Environmental Protection Agency (EPA, or ``we'') is
announcing an inspection for the week of February 28, 2005, at the
Idaho National Engineering and Environmental Laboratory (INEEL)
Advanced Mixed Waste Treatment Project (AMWTP). With this notice, we
also announce availability of Department of Energy (DOE) documents in
the EPA Docket, and solicit public comments on these documents for a
period of 30 days. The following DOE documents, entitled ``INEEL
Advanced Mixed Waste Treatment Project Certification Plan for
[[Page 11914]]
Contact-Handled Transuranic Waste, MP-TRUW-8.1, Revision 7'' and
``INEEL Advanced Mixed Waste Treatment Project Quality Assurance
Project Plan, MP-TRUW-8.2, Revision 3,'' are available for public
review in the public dockets listed in the ADDRESSES section. EPA will
conduct an inspection of waste characterization systems and processes
at INEEL/AMWTP to verify that the site can characterize transuranic
waste in accordance with EPA's WIPP Compliance Criteria.
DATES: EPA is requesting public comment on the documents. Comments must
be received by EPA's official Air Docket on or before April 11, 2005.
ADDRESSES: Comments may be submitted electronically, by mail, by
facsimile, or through hand delivery/courier. Follow the detailed
instructions as provided in Unit I.B of the SUPPLEMENTARY INFORMATION
section.
FOR FURTHER INFORMATION CONTACT: Ms. Rajani Joglekar, Office of
Radiation and Indoor Air, (202) 343-9462. You can also call EPA's toll-
free WIPP Information Line, 1-800-331-WIPP or visit our Web site at
https://www.epa/gov/radiation/wipp.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OAR-2005-0080. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA
Docket Center 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. These documents are
also available for review in paper form at the official EPA Air Docket
in Washington, DC, Docket No. A-98-49, Category II-A2, and at the
following three EPA WIPP informational docket locations in New Mexico:
in Carlsbad at the Municipal Library, Hours: Monday-Thursday, 10 a.m.-9
p.m., Friday-Saturday, 10 a.m.-6 p.m., and Sunday 1 p.m.-5 p.m.; in
Albuquerque at the Government Publications Department, Zimmerman
Library, University of New Mexico, Hours: vary by semester; and in
Santa Fe at the New Mexico State Library, Hours: Monday-Friday, 9 a.m.-
5 p.m. As provided in EPA's regulations at 40 CFR Part 2, and in
accordance with normal EPA docket procedures, if copies of any docket
materials are requested, a reasonable fee may be charged for
photocopying.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B. EPA intends to work towards
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.
B. 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. However, late
comments may be considered if time permits.
1. 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
[[Page 11915]]
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.
i. EPA Dockets. 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 https://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-
2005-0080. 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.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to a-
and-r-docket@epa.gov, Attention Docket ID No. OAR-2005-0080. 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.
2. By Mail. Send your comments to: EPA Docket Center (EPA/DC), Air
and Radiation Docket, Environmental Protection Agency, EPA West, Mail
Code 6102T, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460.
Attention Docket ID No. OAR-2005-0080.
3. By Hand Delivery or Courier. Deliver your comments to: Air and
Radiation Docket, EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC, Attention Docket ID No. OAR-
2005-0080. Such deliveries are only accepted during the Docket's normal
hours of operation as identified in Unit I.A.1.
4. By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID. No. OAR-2005-0080.
C. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
II. Background
DOE is developing the WIPP near Carlsbad in southeastern New Mexico
as a deep geologic repository for disposal of TRU radioactive waste. As
defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub. L. 102-
579), as amended (Pub. L. 104-201), TRU waste consists of materials
containing elements having atomic numbers greater than 92 (with half-
lives greater than twenty years), in concentrations greater than 100
nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of
the existing TRU waste consists of items contaminated during the
production of nuclear weapons, such as rags, equipment, tools, and
sludges.
On May 13, 1998, EPA announced its final compliance certification
decision to the Secretary of Energy (published May 18, 1998, 63 FR
27354). This decision stated that the WIPP will comply with EPA's
radioactive waste disposal regulations at 40 CFR Part 191, Subparts B
and C.
The final WIPP certification decision includes conditions that (1)
prohibit shipment of TRU waste for disposal at WIPP from any site other
than the Los Alamos National Laboratory (LANL) until the EPA determines
that the site has established and executed a quality assurance program,
in accordance with Sec. Sec. 194.22(a)(2)(i), 194.24(c)(3), and
194.24(c)(5) for waste characterization activities and assumptions
(Condition 2 of Appendix A to 40 CFR Part 194); and (2) prohibit
shipment of TRU waste for disposal at WIPP from any site other than
LANL until the EPA has approved the procedures developed to comply with
the waste characterization requirements of Sec. 194.22(c)(4)
(Condition 3 of Appendix A to 40 CFR Part 194). The EPA's approval
process for waste generator sites is described in Sec. 194.8. As part
of EPA's decision-making process, the DOE is required to submit to EPA
appropriate documentation of quality assurance and waste
characterization programs at each DOE waste generator site seeking
approval for shipment of TRU radioactive waste to WIPP. In accordance
with Sec. 194.8, EPA has placed this documentation in the official Air
Docket in Washington, DC, and informational dockets in the State of New
Mexico for public review and comment.
EPA will perform an inspection of the Idaho National Engineering
and Environmental Laboratory (INEEL) Advanced Mixed Waste Treatment
Project (AMWTP)'s technical program for waste characterization in
accordance with Condition 3 of the WIPP certification. We will evaluate
the adequacy, implementation, and effectiveness of technical processes
related to the AMWTP's TRU waste characterization and certification
activities. The elements of 40 CFR 194.8 waste characterization to be
inspected are: (1) Acceptable knowledge (AK), nondestructive assay
(NDA), and the WIPP Waste Information System (WWIS) for the purpose of
confirming processes used to characterize CH TRU debris (compressed)
waste; and, (2) the WWIS for characterizing CH TRU solid waste. The
inspection is scheduled to take place the week of February 28, 2005.
EPA has placed DOE documents pertinent to the inspection in the
public docket described in ADDRESSES. These include: (1) INEEL Advanced
Mixed Waste Treatment Project Certification Plan for Contact-Handled
Transuranic Waste, MP-TRUW-8.1, Revision 7, and (2) INEEL Advanced
Mixed Waste Treatment Project Quality Assurance Project Plan, MP-TRUW-
8.2, Revision 3. The documents have been placed in Docket A-98-49,
Category II-A2, and can also be found online in EPA's EDOCKET OAR-2005-
0080. In accordance with 40 CFR 194.8, as amended by the final
certification decision, EPA is providing the public 30 days to comment
on these documents.
If EPA determines as a result of the inspection that the proposed
processes and programs at INEEL/AMWTP adequately control the
characterization of transuranic waste, we will notify DOE
[[Page 11916]]
by letter and place the letter in the official Air Docket in
Washington, DC, as well as in the informational docket locations in New
Mexico. A letter of approval will allow DOE to ship transuranic waste
characterized by the approved processes from INEEL/AMWTP to the WIPP.
The EPA will not make a determination of compliance prior to the
inspection or before the 30-day comment period has closed. Information
on the certification decision is filed in the official EPA Air Docket,
Docket No. A-93-02 and is available for review in Washington, DC, and
at three EPA WIPP informational docket locations in New Mexico. The
dockets in New Mexico contain only major items from the official Air
Docket in Washington, DC, plus those documents added to the official
Air Docket since the October 1992 enactment of the WIPP LWA.
Dated: March 3, 2005.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 05-4713 Filed 3-9-05; 8:45 am]
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