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Docket Purpose

The Air & Radiation Docket has been established to:
(1) allow members of the public (including citizens’
groups and affected industries) to identify and have
reasonable access to documents relevant to a
rulemaking so they can effectively participate in the
decision-making process; and (2) serve as a
comprehensive source of information for the Agency
in making its decision.

Under 44 U.S.C 3101 the head of each Federal Agency
“shall make and preserve records containing adequate
and proper documentation of the organization,
functions, policies, decisions, procedures, and
essential transactions of the agency. . .” For
substantive rulemaking, agencies are required to
develop a “rulemaking record” or “administrative
record” that reflects public participation in the
rulemaking procedures and that supports the factual
conclusions upon which the rule is based (5 U.S.C.
553, Administrative Procedures Act and Executive
Order 12,291 on Federal Regulation).

How To Use
The Docket On Site

Though many requests for information come from
walk-in patrons, the Air & Radiation Docket does
accept requests via mail, telephone, facsimile and E-
mail. When requesting information please provide a
docket number, if possible.

The agency has made available to the public, the use
of a photocopier, several microfiche reader/printers,
and several microfilm reader/printers. The duplication
fees for the public are set in accordance with the EPA’s
Uniform Rulemaking Docket Manual (EPA Directive
2140). Under this policy, the duplication fee is $0.15
per page, but no fee will be charged if the total fee is
under $25.00, and under 266 pages. However, starting
with page 267, an additional administrative fee of
$25.00 plus $0.15 for each page is charged,

Other Ways To Gain Access To
Docket Information
Fax-On-Demand

The Air & Radiation Docket began utilizing the
Agency’s fax-on-demand service in mid 1998. This
service enables callers to request and receive
documents automatically via facsimile simply by
dialing into the system and then entering the numeric
code for a specific document. An index of documents
currently on the system, complete with the
corresponding numeric code is available when calling
the service. Currently, indices to some rulemaking
dockets are available on the service.

Internet

Due to the growing popularity of the World Wide
Web, the EPA is making docket information available
via the Internet. The Air & Radiation Docket Staff will
be uploading documents, specifically indices, to the
EPA web page so that the public may utilize this
resource to facilitate the rulemaking process.

The URL for accessing the indices online is http://
www.epa.gov/fedrgstr/EPA-AIR/. Once this page is
fully loaded into the browser, selecting the year,
month, and day will bring up a list of all items
regarding air policy published in the federal register
on that day. Each title is a link to the actual text that
was printed. The indices are accessed through a link at
the top of the page. Each Index will be made available
in HTML, Adobe PDF, and WordPerfect 6.1 formats
so that all users may obtain documents.

Microfiche And Microfilm

In an effort to reduce the amount of paper in the
docket, the staff has been continuously converting
hard-copy documents into microfiche and microfilm.

7

What’s in a Docket?

I. Notice of Intent or Advanced Notice of Proposed
Rulemaking (ANPRM)

IL Items Considered in Developing Proposal
A. EPA studies or contractor reports
B. EPA factual mamoranda
C. EPA correspondence to people outside the
EPA
D. Correspondence received from people outside
the EPA
E. EPA memoranda of meetings and telephone
conversations with eople outside the EPA
F. Interagency Review Material

JIL. Proposal
A. Notice of Proposed Rulemaking
B. Proposed Support Document

IV. Additional Items Considered after Proposal, In
Developing the Final Rule
A. Additional EPA studies or contractor reports
B. Additional EPA factual memoranda
C. Additional EPA correspondence to people
outside the EPA
D. Additional Correspondence received from
people outside the EPA
E. EPA memoranda of meetings and telephone
conversations with eople outside the EPA
F. Transcripts of any Hearings
G. Post-Hearing
H. Interagency Review Material

V. Final Action
A. Notice of Rulemaking :
B. Final Support Document
C. Response to Comments Document

VI. Reconsideration, if any
VII. Reproposal
VIII. Additional Items Considered

1X, Final Action (as a result of any
reconsideration)