[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Proposed Rules]
[Pages 51765-51766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24581]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 302 and 355

[FRL-5311-1]


Administrative Reporting Exemptions for Certain Radionuclide 
Releases

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On August 4, 1995 (60 FR 40042), the U.S. Environmental 
Protection Agency (EPA or the Agency) requested comments on 
administrative exemptions for certain radionuclide releases from 
reporting requirements under section 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), and 
section 304 of the Emergency Planning and Community Right-to-Know Act 
(EPCRA). EPA requested that public comments on the proposed rule be 
submitted by October 3, 1995. To date, the Agency has received three 
written requests for a 60-day extension to the public comment period. 
In response to these requests, EPA, in today's action, is granting an 
extension to the public comment period to allow the public greater 
opportunity to evaluate the issues raised by the August 4, 1995 
proposed rule.

DATES: Comments on the August 4, 1995 proposed rule must be submitted 
on or before December 4, 1995.

ADDRESSES: Submittal of Comments: Comments should be submitted in 
triplicate (no facsimiles or tapes) to: Docket Coordinator; Docket 
Number 102RQ-RN-2; Headquarters; U.S. Environmental Protection Agency 
CERCLA Docket Office; (Mail Code 5201G); 401 M Street SW. Washington, 
DC 20460; 703/603-8917. Please note that this is the mailing address 
only. Documents are available for viewing, by appointment only, at the 
address provided below in the ``Document Viewing'' section.
    Document Viewing: Copies of materials relevant to the August 4, 
1995 proposed rule are contained in Docket Number 102RQ-RN-2 at the 
U.S. EPA CERCLA Docket Office, Crystal Gateway #1, 12th Floor, 1235 
Jefferson Davis Highway, Arlington, VA 22202. The docket is available 
for viewing, by appointment only, between the hours of 9 a.m. and 4 
p.m., Monday through Friday, excluding Federal holidays. Appointments 
to view the docket can be made by calling 703/603-8917. Please note 
that this is the visiting address only. Mail comments to the address 
listed above in the ``Submittal of Comments'' section.
    The public may copy a maximum of 266 pages from any regulatory 
docket at no cost. If the number of pages copied exceeds 266, however, 
an administrative fee of $25 and a charge of $0.15 per page for each 
page after page 266 will be incurred. The Docket Office will mail 
copies of materials to requestors who are outside the Washington, DC 
metropolitan area.

FOR FURTHER INFORMATION CONTACT:
The RCRA/UST, Superfund, and EPCRA Hotline at 800/424-9346 (in the 
Washington, DC metropolitan area, contact 703/412-9810); the 
Telecommunications Device for the Deaf (TDD) Hotline at 800/553-7672 
(in the Washington, DC metropolitan area, contact 703/486-3323); or Mr. 
Jack Arthur, Response Standards and Criteria Branch, Emergency Response 
Division (5202G), U.S. Environmental Protection Agency, 401 M Street 
SW., Washington, DC 20460, or at 703/603-8760.

SUPPLEMENTARY INFORMATION: In a proposed rule published on November 30, 
1992 (57 FR 56726), the Agency provided notice of, and requested 
comment on, four exemptions from notification requirements under CERCLA 
section 103 and EPCRA section 304. The Agency proposed to exempt: (1) 
Releases of naturally occurring radionuclides from large generally 
undisturbed land holdings, such as golf courses and parks; (2) releases 
of radionuclides naturally occurring from the disturbance of large 
areas of land for purposes other than mining, such as farming or 
building construction; (3) releases of radionuclides from the dumping 
of coal and coal ash at utility 

[[Page 51766]]
and industrial facilities with coal-fired boilers; and (4) radionuclide 
releases to all media from coal and coal ash piles at utility and 
industrial facilities with coal-fired boilers. All background materials 
and public comments related to the November 30, 1992 proposal are 
available for inspection in Docket Number 102RQ-RN-1 located at the 
U.S. EPA CERCLA Docket Office (address provided above in the ``Document 
Viewing'' section).
    After evaluating the public comment letters received on the 
November 30, 1992 proposal, the Agency decided to issue a supplemental 
proposal, which was published on August 4, 1995 (60 FR 40042), to 
request information and comment on expanded reporting exemptions for 
radionuclide releases. In the August 4, 1995 proposal, EPA proposed to 
grant reporting exemptions for releases of naturally occurring 
radionuclides associated with (1) land disturbance incidental to 
extraction activities at certain kinds of mines, and (2) coal and coal 
ash piles at all kinds of sites. The Agency also requested comments on 
two alternatives to these exemptions.
    The three comment letters received to date that requested a 60-day 
extension to the comment period for the August 4, 1995 proposed rule 
cited a number of factors contributing to their request: (1) The volume 
and complexity of the technical information EPA used to support the 
proposed exemptions; (2) the need to address the basis not only for the 
proposed expanded reporting exemptions, but also for the two 
alternatives as well as other aspects of the proposal; and (3) the need 
to review two different rulemaking dockets (one for the August 4, 1995 
proposal and one for the November 30, 1992 proposal) to prepare more 
thorough comments.
    EPA recognizes that additional time may be warranted to prepare 
public comments on the August 4, 1995 proposal, based on the factors 
described above. In addition, the Agency does not believe that the 
temporary delay in the schedule for finalizing the exemptions will pose 
a threat to public health, welfare, or the environment. Thus, in 
today's action, EPA is granting a 60-day extension to the comment 
period for the August 4, 1995 proposal.
Elaine Davies,
Acting Director, Office of Emergency and Remedial Response.
[FR Doc. 95-24581 Filed 10-2-95; 8:45 am]
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