70828 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Proposed Rules

Executive Order 13132. This rule

regulates large, multinational

corporations that either produce, import

or export class I, group VI ozonedepleting substances. It implements

mandates specifically and explicitly set

forth by the Congress in section 604(h)

of the CAA, as added by Section 764 of

the 1999 Omnibus Consolidated

Emergency Supplemental

Appropriations Act (Public Law No.

105–277), without the exercise of any

policy discretion by EPA. Thus,

Executive Order 13132 does not apply

to this proposed rule.

g. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies or matters that

significantly or uniquely affect their

communities.’’

Today’s rule proposes to implement

requirements specifically set forth by

Congress in section 604(h) of the CAA,

as added by Section 764 of the 1999

Omnibus Consolidated Emergency

Supplemental Appropriations Act

(Public Law No. 105–277), without the

exercise of any discretion by EPA.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

h. The National Technology Transfer

and Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law No.

104–113, Section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

List of Subjects in 40 CFR Part 82

Environmental protection,

Administrative practice and procedure,

Air pollution control, Chemicals,

Exports, Imports, Methyl bromide,

Ozone layer.

Dated: November 17, 2000.

Carol M. Browner,

Administrator.

[FR Doc. 00–30110 Filed 11–27–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 194

[FRL–6909–4]

RIN 2060–AG85

Waste Characterization Program

Documents Applicable to Transuranic

Radioactive Waste From the Idaho

National Engineering and

Environmental Laboratory 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 Idaho National Engineering

and Environmental Laboratory (INEEL)

proposed for disposal at the Waste

Isolation Pilot Plant (WIPP). The

documents are: ‘‘Quality Assurance

Project Plan for the Transuranic Waste

Characterization Program (PLN–190),

Revision 4 (March 2000),’’ ‘‘INEEL TRU

Waste Characterization, Transportation,

and Certification Quality Program Plan

(PLN–182), Revision 4 (March 2000),’’

and ‘‘Program Plan for Certification of

INEEL Contact-Handled Stored

Transuranic Waste (PLN–579), Revision

0 (March 2000).’’ The documents are

available for review in the public

dockets listed in ADDRESSES. The EPA

will use these documents to evaluate

waste characterization systems and

processes applicable to waste streams

containing debris waste at INEEL, as

requested by DOE. In accordance with

EPA’s WIPP Compliance Criteria, EPA

will conduct an inspection of waste

characterization systems and processes

at INEEL the week of December 4, 2000,

to verify that the proposed systems and

processes at INEEL can characterize

transuranic solid waste properly,

consistent with the Compliance Criteria.

DATES: The EPA is requesting public

comment on these documents.

Comments must be received by EPA’s

official Air Docket on or before

December 28, 2000.

ADDRESSES: Comments should be

submitted to: Docket No. A–98–49, Air

Docket, Room M–1500 (LE–131), U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460.

The DOE documents ‘‘Quality

Assurance Project Plan for the

Transuranic Waste Characterization

Program (PLN–190), Revision 4 (March

2000),’’ ‘‘INEEL TRU Waste

Characterization, Transportation, and

Certification Quality Program Plan

(PLN–182), Revision 4 (March 2000),’’

and ‘‘Program Plan for Certification of

INEEL Contact-Handled Stored

Transuranic Waste (PLN–579), Revision

0 (March 2000),’’ are available for

review in the official EPA Air Docket in

Washington, D.C., Docket No. A–98–49,

Category II–A–2, and at the following

three EPA WIPP informational docket

locations in New Mexico: in Carlsbad at

the Municipal Library, Hours: Monday–

Thursday, 10 am–9 pm, Friday–

Saturday, 10 am–6 pm, and Sunday, 1

pm–5 pm; in Albuquerque at the

Government Publications Department,

General Library, University of New

Mexico, Hours: vary by semester; and in

Santa Fe at the New Mexico State

Library, Hours: Monday–Friday, 9 am–

5 pm.

Copies of items in the docket may be

requested by writing to Docket A–98–49

at the address provided above, or by

calling (202) 260–7548. As provided in

EPA’s regulations at 40 CFR part 2, and

in accordance with normal EPA docket

procedures, a reasonable fee may be

charged for photocopying.

FOR FURTHER INFORMATION CONTACT:

Scott Monroe, Office of Radiation and

Indoor Air, (202) 564–9310, or call

EPA’s 24-hour, toll-free WIPP

Information Line, 1–800–331-WIPP, or

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Proposed Rules 70829

visit our website at http://www.epa.gov/

radiation/wipp/announce.html.

SUPPLEMENTARY INFORMATION: The 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 (Public Law 102–579), as amended

(Public Law 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. Most

TRU waste consists of items

contaminated during the production of

nuclear weapons, such as rags,

equipment, tools, and organic and

inorganic 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 states that the WIPP will

comply with the EPA’s radioactive

waste disposal regulations at 40 CFR

part 191, subparts B and C.

The final WIPP certification decision

includes a condition that prohibits

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

§ 194.24(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 decision making process, DOE is

required to submit to EPA appropriate

documentation of 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, D.C., and in

informational dockets in the State of

New Mexico, for public review and

comment.

We initially approved certain waste

characterization processes at INEEL

following an inspection on July 28–30,

1998. EPA’s approvals of INEEL to date

have limited the applicability of the

approved waste characterization

processes and systems to debris wastes.

DOE is proposing to apply the processes

that EPA inspected and approved for

debris wastes to solid waste streams as

well. We will conduct an inspection of

INEEL to verify that these additional

waste streams can be characterized in

compliance with 40 CFR 194.24.

The INEEL documents submitted to

EPA are: ‘‘Quality Assurance Project

Plan for the Transuranic Waste

Characterization Program (PLN–190),

Revision 4 (March 2000),’’ ‘‘INEEL TRU

Waste Characterization, Transportation,

and Certification Quality Program Plan

(PLN–182), Revision 4 (March 2000),’’

and ‘‘Program Plan for Certification of

INEEL Contact-Handled Stored

Transuranic Waste (PLN–579), Revision

0 (March 2000).’’ The ‘‘Quality

Assurance Project Plan for the

Transuranic Waste Characterization

Program (PLN–190), Revision 4 (March

2000)’’ and the ‘‘INEEL TRU Waste

Characterization, Transportation, and

Certification Quality Program Plan

(PLN–182), Revision 4 (March 2000)’’

set forth the quality assurance program

applied to TRU waste characterization

at INEEL. The ‘‘Program Plan for

Certification of INEEL Contact-Handled

Stored Transuranic Waste (PLN–579),

Revision 0 (March 2000)’’ sets forth the

waste characterization procedures for

TRU wastes at INEEL. We will conduct

an inspection of INEEL the week of

December 4, 2000, to determine whether

the requirements set forth in these

documents are being adequately

implemented in accordance with

Condition 3 of the EPA’s WIPP

certification decision (appendix A to 40

CFR part 194). In accordance with

§ 194.8 of the WIPP compliance criteria,

we are providing the public 30 days to

comment on the documents placed in

EPA’s docket relevant to the site

approval process. Because the

inspection will occur during the

comment period, we will respond to

relevant comments received prior to,

during, and after the inspection.

If EPA determines that the provisions

in the documents are adequately

implemented, we will notify DOE by

letter and place the letter in the official

Air Docket in Washington, D.C., and in

the informational docket locations in

New Mexico. A positive approval letter

will allow DOE to ship additional TRU

waste from INEEL. We will not make a

determination of compliance prior to

the inspection or before the 30-day

comment period has closed.

Information on EPA’s radioactive

waste disposal standards (40 CFR part

191), the compliance criteria (40 CFR

part 194), and EPA’s certification

decision is filed in the official EPA Air

Docket, Dockets No. R–89–01, A–92–56,

and A–93–02, respectively, and is

available for review in Washington,

D.C., and at the 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, D.C.,

plus those documents added to the

official Air Docket after the October

1992 enactment of the WIPP LWA.

Dated: November 21, 2000.

Robert Perciasepe,

Assistant Administrator for Air and

Radiation.

[FR Doc. 00–30416 Filed 11–27–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6907–4]

Georgia: Final Authorization of State

Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Georgia has applied to EPA

for Final authorization of the changes to

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). EPA proposes to grant final

authorization to Georgia. In the ‘‘Rules

and Regulations’’ section of this Federal

Register, EPA is authorizing the changes

by an immediate final rule. EPA did not

make a proposal prior to the immediate

final rule because we believe this action

is not controversial and do not expect

comments that oppose it. We have

explained the reasons for this

authorization in the preamble to the

immediate final rule. Unless we get

written comments which oppose this

authorization during the comment

period, the immediate final rule will

become effective on the date it

establishes, and we will not take further

action on this proposal. If we get

comments that oppose this action, we

will withdraw the immediate final rule

and it will not take effect. We will then

respond to public comments in a later

final rule based on this proposal. You

may not have another opportunity for

comment. If you want to comment on

this action, you must do so at this time.

DATES: Send your written comments by

December 28, 2000.

ADDRESSES: Send written comments to

Narindar Kumar, Chief, RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

The Sam Nunn Atlanta Federal Center,

61 Forsyth Street, SW, Atlanta, Georgia

30303–8960; (404) 562–8440. You can

examine copies of the materials

submitted by Georgia during normal

business hours at the following

locations: EPA Region 4 Library, The

Sam Nunn Atlanta Federal Center, 61