63464 Federal Register / Vol. 64, No. 223 / Friday, November 19, 1999 / Proposed Rules ENVIRONMENTAL PROTECTION D.C. 20460, or (2) if using special reports or other materials referred to in AGENCY delivery, such as overnight express this proposal, contact the RCRA Docket service: RCRA Docket Information at the phone number or address listed 40 CFR Part 266 Center (RIC), Crystal Gateway One, 1235 above. Jefferson Davis Highway, First Floor, [FRN±6470±1] SUPPLEMENTARY INFORMATION: Follow Arlington, VA 22202. It would also be these instructions to access the rule RIN 2050±AE45 helpful, although not mandatory, to electronically on the Internet: include an electronic copy by diskette www:http://www.epa.gov/epaoswer/ Storage, Treatment, Transportation, or Internet E-mail. In this case, send hazwaste/radio. and Disposal of Mixed Waste your comments to the RCRA The official record for this section AGENCY: Environmental Protection Information Center on labeled personal will be kept in paper form. Accordingly, Agency (EPA). computer diskettes in ASCII (TEXT) EPA will transfer all comments received format or a word processing format we ACTION: Proposed rule; request for electronically into paper form and place comments. can convert to ASCII (TEXT). Please them in the official record, which will include on the disk label the name and also include all comments submitted SUMMARY: The Environmental Protection version or edition of your word directly in writing. The official record is Agency (EPA) is today proposing to processing software as well as your the record maintained at the address in provide increased flexibility to facilities name. Protect your diskette by putting it ADDRESSES at the beginning of this that manage low-level mixed waste in a protective mailing envelope. To document. Please note, even if you (LLMW) and naturally occurring and/or send a copy by Internet E-mail, address commented on the March 1, 1999 accelerator-produced Radioactive it to: [email protected]. Advance Notice of Proposed Material (NARM) mixed with hazardous Make sure this copy is in ASCII format Rulemaking (64 FR 10063), for your waste. The proposal also aims to reduce that doesn't use special characters or comments to be considered for the final dual regulation of LLMW, which is encryption. Cite the docket Number F± rulemaking, you must again submit subject to Resource Conservation and 99±ML2P±FFFFF in your electronic file. comments on this revised and expanded Recovery Act (RCRA) and to the Atomic Commenters should not submit proposal. Energy Act (AEA). We believe the electronically any confidential business EPA responses to comments, whether changes we are proposing will lower information (CBI). An original and two the comments are written or electronic, cost and reduce paperwork burden, copies of CBI must be submitted under will be in a notice in the Federal while improving or maintaining separate cover to: RCRA CBI Document Register or in a response to comments protection of human health (including Control Officer, Office of Solid Waste document placed in the official record worker exposure to radiation) and the (5305W), U.S. EPA, 401 M Street, SW, for this rulemaking. EPA will not environment. Washington, D.C. 20460. immediately reply to commenters We are proposing to allow on-site The RCRA Information Center is at electronically other than to seek storage and treatment of these wastes at Crystal Gateway One, 1235 Jefferson clarification of electronic comments that the generator's site. Today's proposal Davis Highway, First Floor, Arlington may be garbled in transmission or will require the use of tanks/containers Virginia. You may look at and copy during conversion to paper form. to solidify, neutralize, or otherwise supporting information for RCRA rules stabilize the waste and would apply from 9:00 a.m. to 4:00 p.m. Monday Table of Contents only to generators of low-level mixed through Friday, except for Federal I. Statutory Authority waste who are licensed by the Nuclear holidays. To review docket materials II. Summary of Today's Action Regulatory Commission (NRC) or an you should make an appointment by A. What regulatory changes are we Agreement State. calling (703) 603±9230. You may copy proposing for on-site storage and We also seek to exempt LLMW and up to 100 pages from any regulatory treatment of LLMW? hazardous NARM waste from RCRA document at no cost. Additional copies B. What regulatory changes are we manifest, transportation, and disposal cost $0.15 per page. The index and some proposing for transportation and requirements when certain conditions supporting materials are available disposal of LLMW and eligible NARM? III. Why are we Proposing a Storage, are met. Under this conditional electronically. See the Supplementary Treatment, Transportation, and Disposal exemption, generators and treaters must Information section for information on Rulemaking? still comply with manifest, transport, accessing them. A. Need to address dual regulation and disposal requirements under the FOR FURTHER INFORMATION CONTACT: For concerns NRC (or NRC-Agreement State) general information about this proposed B. Need to respond to HWIR consent regulations for LLW or NARM. rule, contact the RCRA Hotline, Office decree DATES: To make sure we consider your of Solid Waste, U.S. Environmental C. Need to respond to a rulemaking comments, they must be received on or petition from USWAG and concerns of Protection Agency, Washington, D.C. other mixed waste generators regarding before February 17, 2000. 20460, at (800) 424±9346 (toll free); or capacity We are seeking comment on this TDD (800) 553±7672 (hearing impaired). IV Precedent for Regulatory Flexibility in this proposed rulemaking from all interested In the Washington, D.C. metropolitan Proposal parties. area call (703) 412±9810 or TDD (703) A. How does the conditional exemption in ADDRESSES: You can send an original 486±3323 (hearing impaired). For the Military Munitions Rule work? and two copies of your comments information on the disposal portion of B. What is our rationale for today's referencing Docket Number F±99± the proposed rule, contact Grace Ordaz proposed conditional exemption? ML2P±FFFFF to (1) if using regular US at (703) 308±1130 in the Office of Solid V Low-Level Mixed Waste Storage and Treatment Postal Service mail: RCRA Docket Waste. For information on the storage A. What conditional exemption for stored Information Center, Office of Solid portion of the proposed rule, contact or treated low-level mixed waste are we Waste (5305G), U.S. Environmental Nancy Hunt at (703) 308±8762 or Chris proposing? Protection Agency Headquarters (EPA, Rhyne at (703) 308±8658 in the Office 1. How does the proposal facilitate decay- HQ), 401 M Street, SW, Washington, of Solid Waste. To get copies of the in-storage? VerDate 29-OCT-99 14:20 Nov 18, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP3.XXX pfrm04 PsN: 19NOP3 Federal Register / Vol. 64, No. 223 / Friday, November 19, 1999 / Proposed Rules 63465 2. For what time period is a storage 5. What is the purpose of the records that ALRAÐAs Low As Is Reasonably Achievable exemption valid? you are required to keep? ANPRÐAdvance Notice of Proposed 3. What are your on-site treatment options? 6. How is the public involved? Rulemaking B. What is our low-level mixed waste F. What is EPA's site-specific, risk-based ARARÐApplicable or Relevant and storage and treatment proposal? variance alternative for disposal? Appropriate Requirements 1. Which generators and wastes will be G . How did we conduct our technical BDATÐBest Demonstrated Available eligible for the storage and treatment assessment for the disposal of treated Technology exemption? waste at low-level radioactive waste CBIÐConfidential Business Information 2. What conditions must you meet as a disposal facilities? CERCLAÐComprehensive Environmental generator? 1. How did we assess low-level radioactive Response, Compensation, and Liability 3. Whom should you notify if you want to waste disposal facilities? Act claim an exemption? 2. What was the technical assessment we DODÐDepartment of Defense 4. What records must you keep for the conducted? DOEÐDepartment of Energy exemption? 3. What did we conclude from our EEIÐEdison Electric Institute 5. How can your stored waste lose the technical analyses? EPAÐEnvironmental Protection Agency exemption? H. Key stakeholder issue (referred to as ``we'' throughout this 6. Can your exemption be reclaimed if you VII Regulatory Impacts document) fail to meet a condition? A. What are the regulatory benefits of this FFCAÐFederal Facilities Compliance Act C. How will implementation and rule? FUSRAPÐFormerly Utilized Sites Remedial enforcement of the conditional B. What are the costs of this rule? Action Program exemption for storage and treatment of C. What are the economic impacts of this GWRLÐGroundwater risk levels LLMW take place? rule? HSWAÐHazardous and Solid Waste 1. Is this a self-implementing rule? VIII State Authorization Amendments of 1984 2. How will we enforce the proposed IX Relationship with other RCRA and HWIRÐHazardous Waste Identification Rule storage exemption? Environmental Programs ICRÐInformation Collection Request D. What background information did we A. What is the relationship of this proposal LDRÐLand Disposal Restrictions use for this proposal? with other RCRA regulatory programs? LLWÐLow-Level Radioactive Waste E. What was the response of commenters 1. Does this proposal change how you LLMWÐLow-Level Mixed Waste to the ANPR? determine if a waste is hazardous? LLRWDFÐLow-Level Radioactive Waste 1. What comments did we receive Disposal Facility concerning a conditional exemption for 2. Can LLMW or eligible NARM be a storage? nonhazardous waste under this MMRÐMilitary Munitions Rule 2. What were the comments on decay-in- proposal? NAAGÐNational Association of Attorneys storage? 3. How will the RCRA-exempted waste General 3. What comments did we receive differ from wastes delisted under 40 CFR NARMÐNaturally Occurring and/or concerning treatment of waste in storage? 260.22? Accelerator-produced Radioactive 4.