Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 69569

Government’s legal newspaper, and are 

open for comment. 

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 at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material you claimed to be 

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 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. 

C. How and To Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

rulemaking identification number by 

including the text ‘‘Public comment on 

proposed rulemaking Region 5 Air 

Docket ‘‘R05–OAR–2004–IN–0005’’ 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. 

II. What Actions Are EPA Taking 

Today? 

The EPA is proposing to approve a 

revision to the Indiana SIP submitted by 

the State which continues to serve as a 

tool to reduce emissions of CO and PM 

from incinerators in the State in order 

for the State to continue to protect the 

health of the people of Indiana.

1. Submitting CBI. Do not submit this 

information to EPA through RME, 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to 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: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. 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. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of vulgarity or 

personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

III. Additional Information 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register.

Copies of the request and the EPA’s 

analysis are available electronically at 

RME or in hard copy at the above 

address. (Please telephone John 

Paskevicz at (312) 886–6084 before 

visiting the Region 5 Office.)

Authority: 42 U.S.C. 7401 et seq.

Dated: November 3, 2004. 

Norman Niedergang, 

Acting Regional Administrator, Region 5.

[FR Doc. 04–26400 Filed 11–29–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 194 

[FRL–7844–4] 

Waste Characterization Program 

Documents Applicable to Transuranic 

Radioactive Waste From the Hanford 

Site 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, we or Agency) is 

announcing the availability of and 

soliciting public comment for 30 days 

on, Department of Energy (DOE) 

documents applicable to the 

characterization of transuranic (TRU) 

radioactive solid waste from the 

Plutonium Finishing Plant (PFP) at the 

Hanford site. The documents are 

available for review in the public 

dockets listed in SUPPLEMENTARY

INFORMATION. EPA is issuing this notice 

because the Agency must conduct an 

expedited review of one of the elements 

of Hanford’s waste characterization 

(WC) processes, known as acceptable 

knowledge (AK). In June 2003, EPA 

conducted an inspection at Hanford, 

pursuant to 40 CFR 194.8, to evaluate 

the WC processes used for 

characterizing PFP solid waste. 

However, at that time, EPA did not 

examine the AK process for the same 

waste. In August 2003, EPA approved 

all WC components except AK for 

characterizing the PFP solid waste and 

noted in the approval letter that the PFP 

solid waste may not be disposed of at 

the WIPP because EPA had not 

examined and approved the AK process. 

In the absence of the EPA approval of 

this waste, however, in July 2004, the 

Department of Energy (DOE) mistakenly 

certified this waste stream as eligible for 

disposal at WIPP. As a result, 600 drums 

of PFP solids were emplaced in the 

WIPP repository between July and 

September 2004. Early in September 

2004, the DOE discovered this error and 

immediately suspended the shipment of 

the PFP solids from Hanford. To meet 

the Agency’s regulatory obligations EPA 

must conduct an ‘‘after-the-fact’’ review 

of the AK process to determine 

adequacy of the AK documentation. 

Therefore, EPA will conduct an 

evaluation of AK documents and, as 

needed, telephone interviews with site 

personnel specific to the PFP solids to 

determine Hanford’s compliance with 

EPA’s WIPP compliance criteria and 

ensure that the emplacement of this 

waste has no adverse effect on WIPP’s 

performance. EPA’s evaluation may lead 

to an approval at which time the site 

could resume shipment of the PFP solid 

waste to WIPP for disposal. EPA does 

not believe that the PFP solid wastes 

improperly emplaced at WIPP constitute 

a threat to human health, to the 

environment or to the long-term 

performance of the WIPP repository. 

Based on this determination, the 

Hanford PFP solid waste may remain in 

WIPP while EPA undertakes a desk-top 

review of the AK information.

69570 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 

DATES: EPA is requesting public 

comment on the documents. Comments 

must be received by EPA’s official Air 

Docket on or before December 30, 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–2004–0477. 

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: Ms. 

Rajani D. 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 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–2004–0477. 

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 

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, 

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, 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 69571

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–2004–0477. 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–2004–0477. 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–

0477. 

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–

2004–0477. 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–2004–0477. 

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 operates 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 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 WC 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 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). EPA’s approval 

process for waste generator sites is 

described in § 194.8. As part of EPA’s 

decision-making process, the DOE is 

required to submit to EPA appropriate 

documentation of quality assurance and 

WC 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.

In June 2003, EPA inspected 

Hanford’s WC processes used when 

characterizing PFP solid waste. During 

this inspection, however, EPA did not 

examine the acceptable knowledge (AK) 

process. EPA inspected the other 

components of the system of controls 

(radioassay, radiography, visual 

examination, and WIPP Waste 

Information System) implemented by 

Hanford to demonstrate to EPA and 

DOE the adequacy of its TRU waste 

characterization program. In an August 

7, 2003, letter to the Carlsbad Field 

Office (CBFO), EPA approved Hanford’s 

TRU debris waste from the Waste 

Receiving and Processing Plant and PFP 

characterized using the approved 

systems and processes covered in the 

June 2003 Inspection Report. In the 

letter, EPA specifically stated that ‘‘EPA 

has not approved acceptable knowledge 

for TRU solids, specifically ash and 

mixed oxides, characterized at the PFP 

facility. As a result, DOE may not 

dispose at the WIPP any ash and mixed 

oxides from the PFP facility.’’

EPA recently discovered that between 

July 25 and September 4, 2004, DOE had 

shipped and emplaced in the WIPP 

approximately 1,500 drums of PFP solid 

waste (ash) and mixed oxides from 

Hanford. The emplacement of the PFP 

solid waste drums at the WIPP 

repository was based on a DOE 

certification letter to Hanford, dated July 

14, 2004. The DOE certification letter 

did not reflect EPA’s restriction on 

disposal of Hanford’s PFP solid waste 

stream. This restriction was based on 

the fact that EPA had not fully 

evaluated, nor approved, AK 

documentation as part of the waste 

characterization for these solid wastes. 

Under our regulations, without EPA 

approval, DOE cannot certify any waste 

from TRU waste sites for disposal at the 

WIPP. Thus, CBFO’s certification of 

Hanford PFP solids for disposal at WIPP 

conflicts with EPA’s site approval and 

violates EPA regulations at 40 CFR 

194.8 and 24. DOE has voluntarily 

suspended further PFP solid waste 

shipments from Hanford to WIPP and 

has agreed to take steps to identify the 

cause of the error and prevent 

recurrence. Nevertheless, significant 

quantities of this waste have already 

been emplaced at WIPP. EPA must 

69572 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 

assess the AK process to comply with 

the requirements of 40 CFR part 194, 

section 24. EPA does not believe that 

the PFP solid wastes improperly 

emplaced at WIPP constitute a threat to 

human health, to the environment or to 

the long-term performance of the WIPP 

repository. Based on this determination, 

the Hanford PFP solid waste will remain 

in WIPP while EPA undertakes a desktop review of the AK information for the 

PFP solid wastes. 

With regard to mixed oxides, DOE has 

clarified that these materials are 

properly categorized as debris waste 

rather than as part of the PFP solid 

waste stream. Based on documentation 

provided by the DOE, we concur in this 

determination. The 900 drums of mixed 

oxides were fully characterized using 

the procedures approved by EPA for 

debris waste (S5000) in our August 7, 

2003, letter. Therefore, we find their 

characterization is adequate and no 

further action is needed to confirm that 

their placement in the WIPP is allowed. 

For the remaining 600 drums of ash 

belonging to the solid waste stream, 

further evaluation is needed to assess 

the adequacy of waste characterization 

processes. Until EPA completes its 

review of the AK process for Hanford 

PFP solids and, if warranted, approves 

the subject waste stream (S3000) for 

disposal at the WIPP, the Agency has 

directed DOE not to resume shipment of 

the remaining TRU solid waste 

containers from the Hanford PFP. 

In most cases, EPA’s inspections are 

conducted through on-site inspections 

in which the operation of WC 

equipment and processes can be 

demonstrated. However, the evaluation 

of AK relies almost exclusively on a 

review of documentation. Thus, while 

such review is often conducted on-site 

(for convenience, in conjunction with 

other on-site evaluations), it can be 

conducted at a remote location with 

equal ease and rigor. This is especially 

true for AK related to Hanford PFP 

solids. Hanford has not relied on the AK 

information for physical and 

radiological characterization of the PFP 

solids; the site relied exclusively on 

spectroscopic systems to establish 

isotopic ratios. (Isotopic ratios are 

sometime used to estimate individual 

radionuclides when the equipment is 

not able to quantify them.) Because AK 

information for the waste was not used 

to derive or extrapolate WC data tracked 

for the waste, we expect little linkage 

with other WC procedures, so there is 

no need to conduct an on-site 

inspection. By thorough inspection of 

the AK documents we can determine 

adequacy, completeness, sufficiency, 

and appropriateness of the AK used for 

waste characterization. 

For this inspection, EPA will conduct 

a desk-top review of the most recent 

versions of the AK documents 

applicable to the Hanford PFP solid 

waste that were used by the DOE 

auditors in June 2003. As necessary, 

EPA will interview by phone the 

relevant experts at Hanford PFP. 

Evaluation of the AK documentation 

pertaining to the PFP solids will be 

limited to verification of the waste 

pedigree—defense determination, S3000 

waste category determination, absence 

of liquids confirmation, and 

classification as TRU waste. This 

evaluation will allow sufficient 

evaluation of the adequacy, 

completeness, and effectiveness of the 

applicable AK process. 

Through this Federal Register notice, 

EPA is notifying the public that EPA 

will evaluate Hanford’s AK process and 

procedure specific to the PFP solid 

waste. EPA will perform an inspection 

of Hanford’s AK process for the PFP 

solid waste in accordance with 

Condition 3 of the WIPP Certification. If 

EPA determines as a result of the 

evaluation that the AK documentation is 

adequate and is well supported by the 

radioassay, radiography, and visual 

examination results, 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 leave waste 

in WIPP underground panels and to 

resume disposal of the remaining PFP 

solid waste characterized by the 

approved processes from Hanford to 

WIPP. EPA will not make a 

determination of compliance prior to 

completing its AK documentation audit 

or before the 30-day comment period 

has closed. We have separately directed 

DOE by letter what measures or 

restrictions are necessary to prevent 

recurrence of such violations of EPA’s 

site-specific waste characterization 

requirements. This letter is available in 

Docket A–98–49 (Washington, DC, and 

our three locations in New Mexico), as 

well as online at the EDOCKET Web site 

(http://www.epa.gov/edocket) in Docket 

ID No. OAR–2004–0477. 

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 23, 2004. 

Robert Brenner, 

Acting Assistant Administrator for Air and 

Radiation.

[FR Doc. 04–26480 Filed 11–29–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 04–356; WT Docket No. 02–

353; FCC 04–218] 

Service Rules for Advanced Wireless 

Services in the 1915–1920 MHz, 1995–

2000 MHz, 2175–2180 MHz and 1.7 GHz 

and 2.1 GHz Bands

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: In this document, the 

Wireless Telecommunications Bureau 

extends the period for comment and 

reply comment on the Notice of 

Proposed Rulemaking in this 

proceeding. The deadline to file 

comments is extended from November 

23, 2004, to December 8, 2004, and the 

deadline to file reply comments is 

extended from January 7, 2005, to 

January 24, 2005. The action is taken to 

respond to two Motions for Extension of 

Time.

DATES: Comments due December 8, 

2004; reply comments due January 24, 

2005. Written comments on the 

Paperwork Reduction Act proposed 

information collection requirements 

must be submitted by the public, Office 

of Management and Budget (OMB), and 

other interested parties on or before 

December 8, 2004.

ADDRESSES: In addition to filing 

comments with the Secretary, a copy of 

any comments on the Paperwork 

Reduction Act information collection 

requirements contained herein should 

be submitted to Judith B. Herman, 

Federal Communications Commission, 

Room 1–C804, 445 12th Street, SW., 

Washington, DC 20554, or via the 

Internet to Judith-B.Herman@fcc.gov, 

and to Kristy L. LaLonde, OMB Desk 

Officer, Room 10234 NEOB, 725 17th 

Street, NW., Washington, DC 20503 via 

the Internet to 

Kristy_L.LaLonde@omb.eop.gov, or via 

fax at 202–395–5167.

FOR FURTHER INFORMATION CONTACT:

Peter Corea at 202–418–2487. For 

additional information concerning the