64558 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 

W] extending southeast to a point on the 

opposite shore [37°46′28′′ N, 122°23′34′′

W], and the other line drawn from a 

point on the north shore of Mission 

Creek [37°46′34′′ N, 122°23′30′′ W] 

extending southeast to a point on the 

opposite shore [37°46′33′′ N, 122°23′28′′

[Datum: NAD 83] 

(b) Effective Period. The safety zone 

will be in effect from February 15, 2005 

through December 31, 2005. If the need 

for this safety zone ends before the 

scheduled termination time, the Captain 

of the Port will cease enforcement of the 

safety zone and will announce that fact 

via Broadcast Notice to Mariners. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transit through, or 

anchoring within this zone by all 

vessels is prohibited, unless specifically 

authorized by the Captain of the Port 

San Francisco Bay, or his designated 

representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated on-scene patrol personnel. 

Patrol personnel comprise 

commissioned, warrant, and petty 

officers of the Coast Guard onboard 

Coast Guard, Coast Guard Auxiliary, 

local, state, and federal law enforcement 

vessels. Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed.

Dated: October 27, 2004. 

Gordon A. Loebl, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, San Francisco Bay, 

California.

[FR Doc. 04–24684 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 194

[FRL–7835–6] 

Central Characterization Project Waste 

Characterization Program Documents 

Applicable to Transuranic Radioactive 

Waste From the Savannah River Site 

Proposed for Disposal at the Waste 

Isolation Pilot Plant

AGENCY: Environmental Protection 

Agency.

ACTION: Notice of availability; opening 

of public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA, or ‘‘we’’) is announcing 

the availability of, and soliciting public 

comments for 30 days on, Department of 

Energy (DOE) documents on waste 

characterization programs applicable to 

certain transuranic (TRU) radioactive 

waste at the Savannah River Site (SRS) 

proposed for disposal at the Waste 

Isolation Pilot Plant (WIPP). The 

documents are procedures and other 

materials related to the Central 

Characterization Project (CCP), 

established by DOE to augment the 

ability of TRU waste sites to 

characterize and certify the waste in 

accordance with EPA’s WIPP 

Compliance Criteria. The documents are 

available for review in the public 

dockets listed in ADDRESSES. We will 

use these documents to evaluate the 

CCP activities at SRS to characterize 

SRS-generated contact-handled (CH) 

retrievably-stored TRU debris waste 

during an inspection conducted the 

week of October 25, 2004. The purpose 

of the inspection is to verify that the 

CCP can properly characterize SRSgenerated contact-handled (CH) TRU 

debris waste, consistent with the WIPP 

Compliance Criteria and Condition 3 of 

EPA’s final certification decision for the 

WIPP. The EPA will not make a 

determination of compliance prior to 

the inspection or before the 30-day 

comment period has closed.

DATES: The EPA is requesting public 

comment on these documents. 

Comments must be received by EPA’s 

official Air Docket on or before 

December 6, 2004.

ADDRESSES: Comments may be 

submitted by mail to: EPA Docket 

Center (EPA/DC), Air and Radiation 

Docket, Environmental Protection 

Agency, EPA West, Mail Code 6102T, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. OAR–2004–0430. 

Comments may also be submitted 

electronically, 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: Ed 

Feltcorn, Office of Radiation and Indoor 

Air, (202) 343–9422. You can also call 

EPA’s toll-free WIPP Information Line, 

1–800–331–WIPP or visit our Web site 

at http://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–2004–0430. 

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 Avenue, 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 

http://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 http://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, 

Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 64559

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 

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 http://www.epa.gov/edocket, and 

follow the online instructions for 

submitting comments. To access EPA’s 

electronic public docket from the EPA 

Internet Home Page, select ‘‘Information 

Sources,’’ ‘‘Dockets,’’ and ‘‘EPA 

Dockets.’’ Once in the system, select 

‘‘search,’’ and then key in Docket ID No. 

OAR–2004–0430. 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–2004–0430. 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, NW., Washington, DC 20460. 

Attention Docket ID No. OAR–2004–

0430. 

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–

2004–0430. 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–2004–0430.

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 operating 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), transuranic (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 

64560 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 

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 

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 will place 

such 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 

TRU waste characterization activities 

performed by the DOE’s Central 

Characterization Project (CCP) staff at 

the Savannah River Site (SRS) in 

accordance with Condition 3 of the 

WIPP certification. We will evaluate the 

adequacy, implementation, and 

effectiveness of the CCP technical 

activities contracted by SRS for 

characterization of the disposal of 

retrievably-stored TRU debris waste at 

the WIPP. The overall program 

adequacy and effectiveness of CCP 

documents will be based on the 

following DOE documents: (1) CCP–PO–

001—Revision 8, 3/15/04—CCP 

Transuranic Waste Characterization 

Quality Assurance Project Plan and (2) 

CCP–PO–002—Revision 9, 3/15/04—

CCP Transuranic Waste Certification 

Plan. EPA has placed these documents 

pertinent to the SRS inspection in the 

public docket described in ADDRESSES. 

In accordance with 40 CFR 194.8, EPA 

is providing the public 30 days to 

comment on these documents. The 

inspection is scheduled to take place the 

week of October 25, 2004. 

The EPA inspectors at SRS will 

evaluate the quality of the waste 

characterization program via testing, 

interviews of waste characterization 

(WC) personnel, review of WC 

procedures, and inspection of WC 

equipment used to characterize 

retrievably-stored debris waste. The 

inspection will focus on real-time 

radiography (RTR) equipment as well as 

visual examination (VE) techniques as 

implemented by the CCP at SRS. 

This is EPA’s first Federal Register

notice announcing an inspection 

following the Agency’s revisions to the 

WIPP Compliance Criteria (40 CFR part 

194). The final rule for these provisions 

was published on July 16, 2004 (69 FR 

42571), and had an effective date of 

October 14, 2004. The CCP at SRS has 

already been previously approved under 

our previous inspections regime. 

Therefore, the SRS–CCP inspection 

outlined in this notice will be held in 

accordance with the requirements for 

previously approved waste generator 

sites, as described in Section § 194.8(c) 

of our final revisions. 

If EPA determines as a result of the 

inspection that the proposed CCP waste 

characterization processes and programs 

used at SRS adequately control the 

characterization of transuranic waste, 

we will notify DOE 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 dispose of transuranic waste 

from SRS/CCP 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: November 1, 2004. 

Robert Brenner, 

Acting Assistant Administrator for Air and 

Radiation.

[FR Doc. 04–24820 Filed 11–5–04; 8:45 am] 

BILLING CODE 6560–50–P