[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28151]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5104-5]

 

National Capacity Assessment Report; Availability of Draft

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 104(c)(9) of CERCLA requires states to provide an 
assurance in a contract or cooperative agreement of the availability of 
hazardous waste treatment or disposal capacity to manage the hazardous 
wastes expected to be generated within their State for 20 years before 
EPA can expend any Superfund remedial action Trust funds in the States. 
The 1993 Guidance for Capacity Assurance Planning (OSWER Directive 
9010.02) presented a national approach for determining capacity to 
treat and dispose of hazardous wastes reasonably expected to be 
generated during this period. This notice announces the availability of 
the draft National Capacity Assessment Report. Based on the preliminary 
assessment that the draft Report presents, the Agency believes there is 
sufficient national capacity to manage all hazardous wastes projected 
to be generated through 2013. EPA will utilize the draft assessment, 
together with other data that becomes available, in evaluating whether 
the assurance requirement of CERCLA Section 104 (c)(9) has been met 
when entering into contracts or cooperative agreements with States. 
Based on the comments received on this draft Report, the Agency will 
modify, as appropriate, the National Assessment and make available any 
revised assessment by publishing a notice of availability in the 
Federal Register. If any revised assessment identifies a shortfall in 
any management categories, those states contributing to the 
shortfall(s) will be notified by the Agency to submit additional 
information that addresses any identified shortfall(s). Methods for 
obtaining a copy of the draft Assessment Report are described below. 
The information collection activities for the 1993 Capacity Assurance 
Planning process have been approved by the Office of Management and 
Budget (OMB) under OMB Control Number 2050-0099.

DATES: Comments on the draft Assessment Report must be received on or 
before January 17, 1995.

ADDRESSES: Commenters must send an original and two copies of their 
comments to: RCRA Docket Information Center, Office of Solid Waste 
(5305), U.S. Environmental Protection Agency Headquarters (EPA, HQ), 
401 M Street, SW., Wash., DC 20460. Comments must include the docket 
number F-94-CARA-FFFFF. The public docket is located at EPA HQ, room 
M2616 and is available for viewing from 9 a.m. to 4 p.m., Monday 
through Friday, excluding federal holidays. Public review of the docket 
materials is by appointment only. Call (202) 260-9327 for appointments. 
Copies cost $.15/page.
    Comments may also be submitted electronically by sending electronic 
mail (e-mail) through Internet to: RCRA-D[email protected]. All 
comments in electronic format should be identified by the docket number 
F-94-CARA-FFFFF. Further information on submitting comments 
electronically is provided below in the section entitled ``Electronic 
Filing of Comments.''

FOR FURTHER INFORMATION CONTACT: The draft Assessment Report will be 
available in electronic format on the Internet System through the EPA 
Public Access Server at gopher.epa.gov. For a paper copy of the draft 
Assessment Report, please contact the National Technical Information 
Service (NTIS) at 1-703-487-4650. The document number is PB95-105 417 
(EPA530-R-94-040). Copies of the draft Report's Executive Summary 
(EPA530-S-94-040) are free, and may be obtained by calling the RCRA 
Hotline at 1-800-424-9346. For information on specific aspects of the 
draft Assessment Report, contact Robert Burchard, Office of Solid Waste 
(5302W), U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, (703) 308-8450.

Electronic Filing of Comments

    As part of an interagency ``streamlining'' initiative, EPA is 
experimenting with submission of public comments on selected actions 
electronically through the Internet in addition to accepting comments 
in traditional written form. This notice is one of the actions selected 
by EPA for this experiment. From the experiment, EPA will learn how 
electronic commenting works and any problems that arise can be 
addressed before EPA adopts electronic commenting more broadly in its 
rulemaking activities.
    Electronic comment through the Internet raises some novel issues 
that are discussed below in this Section. Persons who comment on this 
document should be aware that this experimental electronic commenting 
is administered on a completely public system. Therefore any personal 
information included in comments and the electronic mail addresses of 
those who make comments electronically are automatically available to 
anyone else who views these comments.
    Commenters should not submit electronically any information which 
they believe to be Confidential Business Information (CBI). Such 
information should be submitted only in writing in triplicate directly 
to the EPA. Comments containing CBI should be submitted to: Document 
Control Officer, Office of Solid Waste (5305), U.S. EPA, 401 M Street, 
SW, Washington, DC 20460.
    The official record for this action will be kept in paper form. 
Accordingly, EPA will transfer all documents received electronically, 
into printed, paper form as they are received and will place the paper 
copies in the official record which will also include all comments 
submitted directly in writing. The official record is the paper record 
maintained at the address in ``ADDRESSES'' at the beginning of this 
document. (Comments submitted on paper will not be transferred to 
electronic format. These comments may be viewed only in the RCRA docket 
as described above.)
    Because the electronic comment process is still experimental, EPA 
cannot guarantee that all electronic comments can be accurately 
converted to printed, paper form. If EPA becomes aware of any problems 
with the receipt of the electronic file or with its transfer to paper, 
EPA will attempt to contact the commenter to ask the commenter to 
resubmit the comment in electronic or written form. Some commenters may 
choose to submit identical comments in both electronic and written form 
to ensure accuracy. In that case, EPA requests that comments clearly 
note in both the electronic and written submissions that the comments 
are duplicated in the other medium. This will assist EPA in processing 
and filing the comments during the open comment period. As with written 
comments, electronic comments on the draft Assessment Report must be 
received on or before January 17, 1995.
    As with written comments, EPA will not attempt to verify the 
identities of electronic commenters or to review the accuracy of 
electronic comments. EPA will take such commenters and comments at face 
value. Electronic and written comments will be placed in the official 
record without any editing or change by EPA except to the extent 
changes occur in the process of converting electronic comments to 
printed, paper form.
    If it chooses to respond officially to electronic comments on this 
notice, EPA will do so either in a notice in the Federal Register or in 
a response to comments document placed in the official record for this 
docket. EPA will not respond to commenters electronically other than to 
seek clarification of electronic comment that may be garbled in 
transmission or conversion to printed, paper form as discussed above. 
Any communications from EPA employees to electronic commenters, other 
than those described in this paragraph, either through Internet or 
otherwise are not official responses from EPA.
    EPA is interested in learning whether people have obtained these 
documents electronically, and what their experiences were in doing so. 
People who are interested in providing feedback on the electronic 
availability of these documents are encouraged to comment by sending 
email to OSW-P[email protected]. Direct any substantive questions to 
the contacts listed below.

Accessing Internet

    Through Gopher:

Go to: gopher.epa.gov
From the main menu, choose ``EPA Offices and Regions.''
Next, choose ``Office of Solid Waste and Emergency Response (OSWER).''
Finally, choose ``Office of Solid Waste.''

    Through FTP:

Go to: ftp.epa.gov
Login: anonymous
Password: Your Internet Address
Files are located in /pub. All OSW files are in directories beginning 
with ``OSW.''

    Through Telnet:

Go to: gopher.epa.gov
Choose the EPA Public Access Gopher. From the main (Gopher) menu, 
choose ``EPA Offices and Regions.'' Next, choose ``Office of Solid 
Waste and Emergency Response (OSWER)'' Then, choose ``Office of Solid 
Waste.''

    Through MOSAIC:

Go to: http://www.epa.gov
Choose the EPA Public Access Gopher. From the main (Gopher) menu, 
Choose ``EPA Office and Regions.'' Next, choose ``Office of Solid Waste 
and Emergency Response (OSWER).''Finally, choose ``Office of Solid 
Waste.''

    ``Through dial-up access: Dial 919-558-0335. Choose EPA Public 
Access Gopher. From the main (Gopher) menu, choose ``EPA Offices and 
Regions.'' Next choose ``Office of Solid Waste and Emergency Response 
(OSWER).'' Then choose ``Office of Solid Waste.''

    Dated: November 1, 1994.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 94-28151 Filed 11-15-94; 8:45 am]
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