Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54325 

forth in the preamble to the direct final 

rule. If EPA receives no adverse 

comments, EPA will not take further 

action on this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and it will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on this proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must 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. 

DATES: Written comments must be 

received on or before October 14, 2005. 

ADDRESSES: Submit your comments, 

identified by RME Docket Number R08- 

OAR–2005-UT–0003, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

docket.epa.gov/rmepub/index.jsp. 

Regional Materials in EDOCKET (RME), 

EPA’s electronic public docket and 

comment system for regional actions, is 

EPA’s preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: long.richard@epa.gov, 

russ.tim@epa.gov, and 

mastrangelo.domenico@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Richard R. Long, Director, Air 

and Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P-AR, 999 18th Street, Suite 

300, Denver, Colorado 80202–2466. 

• Hand Delivery: Richard R. Long, 

Director, Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 999 

18th Street, Suite 300, Denver, Colorado 

80202–2466. Such deliveries are only 

accepted Monday through Friday, 8 a.m. 

to 4:55 p.m., excluding Federal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

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: 

Domenico Mastrangelo, Air and 

Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 999 18th Street, Suite 

300, Denver, Colorado 80202–2466, 

phone (303) 312–6436, and e-mail at: 

mastrangelo.domenico@epa.gov. 

SUPPLEMENTARY INFORMATION: See the 

information provided in the Direct Final 

action of the same title which is located 

in the Rules and Regulations section of 

the Federal Register. 

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

Dated: August 17, 2005. 

Stephen S. Tuber, 

Acting Regional Administrator, Region VIII. 

[FR Doc. 05–18233 Filed 9–13–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 197 

[FRL–7968–7] 

RIN 2060–AN15 

Opportunity to Obtain Information and 

Present Testimony on Proposed Public 

Health Environmental Radiation 

Protection Standards for Yucca 

Mountain, NV; Notice of Public 

Hearings 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; notice of public 

hearings. 

SUMMARY: The Environmental Protection 

Agency (EPA) will conduct public 

hearings to receive comments on its 

proposed amendments to the Public 

Health and Environmental Radiation 

Protection Standards for Yucca 

Mountain, Nevada in Amargosa Valley, 

NV; Las Vegas, NV; and Washington, 

DC. 

The amended proposed standards 

were published in the Federal Register 

on August 22, 2005. The 60-day public 

comment period closes on October 21, 

2005. 

DATES: The schedule for the hearings is 

as follows: 

• Amargosa Valley, NV, October 3, 

2005, from 7 p.m. to 9 p.m. This hearing 

will be preceded by an information 

session from 4 p.m. to 5:30 p.m., and a 

roundtable discussion from 5:30 p.m. to 

6:30 p.m. 

• Las Vegas, NV, October 4, 2005, 

from 7 p.m. to 9 p.m. This hearing will 

be preceded by an information session 

from 4 p.m. to 5:30 p.m., and a 

roundtable discussion from 5:30 p.m. to 

6:30 p.m. 

• Las Vegas, NV, October 5, 2005, 

from 11 a.m. to 12 a.m. This hearing 

will be preceded by an information 

session from 10 a.m. to 11 a.m. 

• Washington, DC, October 11, 2 p.m. 

to 4 p.m. This hearing will be preceded 

by an information session from 1 p.m. 

to 2 p.m. Specific locations for each city 

are detailed in the next section, 

ADDRESSES. Procedures for 

preregistering for and testifying at these 

public hearings are detailed in the 

‘‘’Hearings Procedures’’’ subsection 

(under Unit II) of the SUPPLEMENTARY

INFORMATION section. 

ADDRESSES: EPA’s public hearings to 

receive comments on the Agency’s 

amended proposed radiation protection 

standards for Yucca Mountain, Nevada 

will be held on: 

• October 3, 2005 at the Amargosa 

Valley Community Center, 821 East 

Farm Road, Amargosa Valley, NV; 

• October 4 and 5, 2005 at The 

Cashman Center, 850 North Las Vegas 

Blvd, Las Vegas, NV; 

• October 11, 2005 at the EPA East 

Building, Room 1153, 1202 Constitution 

Ave, NW. (Federal Triangle Metro Stop). 

For additional information regarding the 

purpose and format of the hearings, 

please refer to Unit II of the 

SUPPLEMENTARY INFORMATION section. 

Submit your comments, identified by 

Docket ID No. OAR–2005–0083, by one 

of the following methods: 

• 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 we cannot read your comment 

due to technical difficulties or we need 

further information on the substance of 

your comment. EPA’s policy is that we 

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, 

we may not be able to consider your 

comment. 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Agency Web site: http:// 

www.epa.gov/edocket. EDOCKET, EPA’s 

54326 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to a-and-rdocket@epa.gov, Attention Docket ID 

No. OAR–2005–0083. 

• Fax: Fax your comments to: 202–

566–1741, Attention Docket ID. No. 

OAR–2005–0083. 

• Surface 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–2005–

0083. 

• 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–

2005–0083. Such deliveries are only 

accepted during the Docket Center’s 

normal hours of operation and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments 

and information to Docket ID No. OAR–

2005–0083. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.epa.gov/edocket, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the Federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

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 public docket visit EDOCKET online or see the Federal Register of May 

31, 2002 (67 FR 38102). For additional 

instructions on submitting comments, 

please refer to Units I.B., I.C., and I.D. 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: The official 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. 

The telephone number for the Air and 

Radiation Docket is 202–566–1742. 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 FURTHER INFORMATION CONTACT: Ray 

Clark, Office of Radiation and Indoor 

Air, Radiation Protection Division 

(6608J), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: 202–343–9601; fax number: 

202–343–2305; e-mail address: 

clark.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

The DOE is the only entity regulated 

by these standards. Our standards affect 

NRC only because, under Section 801(b) 

of the EnPA, 42 U.S.C. 10141 n., NRC 

must modify its licensing requirements, 

as necessary, to make them consistent 

with our final standards. Before it may 

accept waste at the Yucca Mountain 

site, DOE must obtain a license from 

NRC. DOE will be subject to NRC’s 

modified regulations, which NRC will 

implement through its licensing 

proceedings. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. If you submit CBI, 

clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on 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. 

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. Respond to specific questions from 

the Agency. 

9. To ensure proper receipt by EPA, 

identify the appropriate docket 

identification number in the subject line 

on the first page of your response. 

C. How Can I View Items in the Docket? 

1. Information Files. EPA is working 

with the Lied Library at the University 

of Nevada-Las Vegas (http:// 

www.library.unlv.edu/about/ 

hours.html#desks) and the Amargosa 

Valley, Nevada public library (http:// 

www.amargosavalley.com/Library.html) 

to provide information files on this 

rulemaking. These files are not legal 

dockets, however every effort will be 

made to put the same material in them 

as in the official public docket in 

Washington, DC. The Lied Library 

information file is at the Research and 

Information Desk, Government 

Publications Section (702–895–2200). 

Hours vary based upon the academic 

calendar, so we suggest that you call 

ahead to be certain that the library will 

be open at the time you wish to visit (for 

a recorded message, call 702–895–2255). 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54327 

The other information file is in the 

Public Library in Amargosa Valley, 

Nevada (phone 775–372–5340). As of 

the date of publication, the hours are 

Monday, Wednesday, and Friday (9 

a.m.–5 p.m.); Tuesday and Thursday (9 

a.m.–7 p.m.); and Saturday (9 a.m.–1 

p.m.). The library is closed on Sunday. 

These hours can change, so we suggest 

that you call ahead to be certain when 

the library will be open. 

2. Electronic Access. An electronic 

version of the public docket is available 

through EPA’s electronic public docket 

and comment system, EPA Dockets 

(EDOCKET). You may use EDOCKET to 

submit or view 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. To 

access the docket either go directly to 

http://www.epa.gov/edocket or, from the 

EPA Internet Home Page (http:// 

www.epa.gov), select ‘‘Information 

Sources’’ (in the left column), then 

‘‘Dockets,’’ then ‘‘EPA Dockets’’ (in the 

first paragraph). For either route, then 

click on ‘‘Quick Search’’ (in the left 

column). In the search window, type in 

the docket identification number OAR–

2005–0083. Please be patient, the search 

could take about 30 seconds. This will 

bring you to the ‘‘Docket Search 

Results’’ page. At that point, click on 

OAR–2005–0083. From the resulting 

page, you may access the docket 

contents (e.g., OAR–2005–0083–0002) 

by clicking on the icon in the 

‘‘Rendition’’ column. 

D. Can I Access Information by 

Telephone or via the Internet? 

Yes. You may call our toll-free 

information line (800–331–9477) 24 

hours per day. By calling this number, 

you may listen to a brief update 

describing our rulemaking activities for 

Yucca Mountain, leave a message 

requesting that we add your name and 

address to the Yucca Mountain mailing 

list, or request that an EPA staff person 

return your call. In addition, we have 

established an electronic listserv 

through which you can receive 

electronic updates of activities related to 

this rulemaking. To subscribe to the 

listserv, please visit http:// 

www.epa.gov/radiation/yucca/up-todate.htm. Click on ‘‘Yucca Updates 

Listserv’’ and follow to directions there. 

You also can find information and 

documents relevant to this rulemaking 

on the World Wide Web at http:// 

www.epa.gov/radiation/yucca. We also 

recommend that you examine the 

preamble and regulatory language for 

the earlier proposed and final rules, 

which appeared in the Federal Register 

on August 27, 1999 (64 FR 46976) and 

June 13, 2001 (66 FR 32074), 

respectively. 

II. Meeting Purpose and Format 

The meetings will provide 

opportunities for both informal 

exchanges of information and formal 

comments. Meeting formats are as 

follows: 

• Information Sessions: an informal 

opportunity to learn about the 

standards, meet EPA staff, and ask 

questions. Comments on the record can 

also be provided in writing or on tape. 

• Roundtable Dialogues: a facilitated 

conversation with EPA staff to discuss 

the standards and allow opportunities 

for the public to ask questions of EPA 

staff, and for EPA to respond. A 

summary of key points and questions 

will be recorded for the record. 

• Public Hearings: a formal 

opportunity to make verbal statements 

that will be recorded for the public 

record. For the convenience of the 

public, individuals and organizations 

should schedule a specific time to make 

their comments (see Hearings 

Procedures below). 

Hearing Procedures 

Persons wishing to testify at any of 

the public hearings are requested to preregister by calling EPA’s toll-free Yucca 

Mountain Information Line at 1–800–

331–9477 at any time. You will be asked 

to leave a message with the following 

information: 

• Name/Organizational Affiliation (if 

any). 

• Hearing date, location, time(s) 

available to testify. 

• Daytime telephone number. 

Your call will be returned within one 

business day to confirm a scheduled 

time for testimony. In order to obtain a 

scheduled speaking time, EPA must 

receive requests no later than September 

30, 2005, for the hearings in Amargosa 

Valley and Las Vegas, Nevada; and 

October 7, 2005, for the hearing in 

Washington, DC. Speakers not registered 

in advance may register at the door but 

are not guaranteed the opportunity to 

testify, depending on time constraints 

(all individuals will also be able to 

comment in writing or on tape). 

Individuals testifying on their own 

behalf will be allowed 5 minutes. 

Groups or organizations must designate 

one individual to testify as the official 

representative, and each group will be 

allocated ten minutes for an oral 

presentation. Individuals and 

organizations may submit written 

comments in addition to oral testimony. 

Time allowed is exclusive of any time 

consumed by questions from the 

government panel and answers to these 

questions. Testimony from individuals 

and representatives of organizations is 

limited to one hearing location. In order 

to ensure that all individuals and groups 

are given an opportunity to testify, 

substitutions will not be permitted for 

any pre-registered person. Registrants 

will not be permitted to yield their time 

to other individuals or groups, nor will 

hearing time be used to ‘‘’read into the 

record’’’ testimony from individuals not 

present at the hearings. In the event any 

person wishes to enter comments for the 

record, but either cannot or does not 

appear personally at the hearings, EPA 

will accept written comments during 

the hearings and other meetings. These 

written comments will be considered to 

the same extent as oral testimony and 

will be included as part of the official 

hearings transcripts. The hearing 

transcript will constitute the official 

record of the hearings. Written 

comments submitted outside of the 

public hearings must be received by 

EPA Docket OAR–2005–0083 in 

Washington, DC, by October 21, 2005. 

All comments received by EPA, whether 

written or oral, will be given equal 

consideration in development of the 

final rule. 

Dated: September 8, 2005. 

William L. Wehrum, 

Acting Assistant Administrator for Air and 

Radiation. 

[FR Doc. 05–18226 Filed 9–13–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7968–4] 

National Priorities List for Uncontrolled 

Hazardous Waste Sites, Proposed Rule 

No. 43 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed Rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency