[Federal Register Volume 66, Number 211 (Wednesday, October 31, 2001)]
[Proposed Rules]
[Pages 55050-55060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27380]



[[Page 55049]]

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Part III





Environmental Protection Agency





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40 CFR Chapter I



Project XL Site-specific Rulemaking for NASA White Sands Test Facility, 
Las Cruces, NM; Proposed Rule

  Federal Register / Vol. 66, No. 211 / Wednesday, October 31, 2001 / 
Proposed Rules  

[[Page 55050]]


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ENVIRONMENTAL PROTECTION AGENCY

40 Ch. I.

[FRL-7095-7]
RIN 2090-AA27


Project XL Site-specific Rulemaking for NASA White Sands Test 
Facility, Las Cruces, NM

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; request for comment.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
proposing this rule to implement a pilot project under the Project XL 
program that would provide site-specific regulatory flexibility under 
the Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), 
and Clean Water Act (CWA) for the National Aeronautics and Space 
Administration (NASA) White Sands Test Facility (WSTF) in Las Cruces, 
New Mexico. The principal objective of this XL project is to enable the 
NASA WSTF to electronically submit regulatory reports and permit 
information required by EPA regulations to the NMED Air Quality Bureau, 
Solid Waste Bureau, Hazardous Waste Bureau, Groundwater Bureau, and 
Surface Water Bureau in accordance with guidelines set forth in the 
NASA WSTF Project XL Final Project Agreement (FPA). This project would 
significantly reduce NASA's regulatory reporting costs and enhance the 
NMED's ability to analyze and manage NASA WSTF's regulatory and permit 
information.

DATES: Public Comments: Comments on the proposed rule must be received 
on or before November 30, 2001.
    Public Hearing: Commentors may request a hearing by November 14, 
2001. Commentors must state the basis for requesting the public 
hearing. If EPA determines there is sufficient reason to hold a public 
hearing, it will do so no later than November 30, 2001, during the last 
week of the public comment period. Requests for a public hearing should 
be submitted to the address listed below. If a public hearing is 
scheduled, the date, time, and location will be made available through 
a Federal Register Notice. If a public hearing is held, it will take 
place in Las Cruces, NM.

ADDRESSES: Comments: Written comments should be mailed to the Air 
Docket Clerk, Mail Code 6102, U.S. Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, D.C. 20460. Please send an 
original and three copies of all written comments as well as an 
original and three copies of any attachments, enclosures, or other 
documents referenced in the comments and refer to Docket Number A-2000-
54. A copy should also be sent to Mr. John DuPree at Mail Code 1807, 
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., 
Washington, D.C. 20460.
    EPA will also accept comments electronically. Electronic comments 
should be addressed to the following internet address: 
[email protected]. Electronic comments must be submitted as an ASCII 
or WordPerfect version 5.1, 6.1, or 8.0 format file, and must avoid use 
of special characters or any form of encryption. Electronic comments 
will be transferred into a paper version for the official record. EPA 
will attempt to clarify electronic comments if there is an apparent 
error in transmission.
    Request to speak at Hearing: Requests to speak at a hearing should 
be mailed to the Air Docket, Mail Code 6102, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., N.W., Washington, D.C. 
20460.
    Viewing Project Materials: A docket containing the proposed rule, 
Final Project Agreement, supporting materials, and public comments is 
available for public inspection and copying at the Air Docket, located 
at Waterside Mall, 401 M St., Washington, D.C. 20460. The Air Docket is 
open from 9:00 am to 4:00 pm, Monday through Friday, excluding Federal 
holidays. The public is encouraged to phone in advance to review docket 
materials. Appointments can be scheduled by phoning the Docket Office 
at (202) 260-7549. Refer to docket number A-2000-54. The public may 
copy a maximum of 100 pages from any regulatory docket at no charge. 
Additional copies cost 15 cents per page. Project materials for today's 
action are also available on the internet at http://www.epa.gov/projectxl/.
    A duplicate copy of the docket is available for inspection and 
copying during normal business hours at U.S. EPA Region VI, 1445 Ross 
Ave., Dallas, Texas 75202-2733. Persons wishing to view the duplicate 
docket at the Dallas location are encouraged to contact Mr. David Bond 
or Mr. Rob Lawrence, in advance, by telephoning (214) 665-6431 or (214) 
665-6580, respectively.

FOR FURTHER INFORMATION CONTACT: Mr. John DuPree; Mail Code 1807; U.S. 
Environmental Protection Agency; Office of Policy, Economics, and 
Innovation; 1200 Pennsylvania Avenue, N.W.; Washington, D.C. 20460. Mr. 
DuPree's telephone number is (202) 260-4468 and e-mail address is 
[email protected]. Further information on today's action may also be 
obtained on the world wide web at http://www.epa.gov/projectxl/.

SUPPLEMENTARY INFORMATION: This project assesses the appropriateness of 
submitting regulatory and compliance information electronically instead 
of paper reports.
    The duration of this project is five years. 016
    EPA is soliciting comments on this rulemaking. EPA will publish 
responses to comments in the Federal Register and on the Project XL 
web-site http://www.epa.gov/projectxl. The XL project will enter the 
implementation phase on the effective date of a final rule. Any 
comments received will be made available on the Project XL web site: 
http://www.epa.gov/projectxl.
    The terms of the overall XL project are contained in a Final 
Project Agreement (FPA). The FPA is available for review at the Air 
Docket in Washington, D.C.; EPA Region VI Library in Dallas, TX; and at 
the Las Cruces Public Library in Las Cruces, NM.

Outline of Today's Proposal

    The information presented in this preamble is organized as follows:

I. Authority
II. Overview of Project XL
III. Overview of the NASA WSTF XL Project
    A. To Which Facilities Would the Proposed Rule Apply?
    B. What Problems would the NASA WSTF XL Project Address?
    C. What Solution is Proposed by the NASA WSTF Project?
    D. What Regulatory Changes Will Be Necessary to Implement this 
Project?
    E. How Have Various Stakeholders Been Involved in this Project?
    F. How Would this Project Result in Cost Savings and Paperwork 
Reduction?
    G. What Are the Terms of the NASA WSTF XL Project and How Would 
They Be Enforced?
    H. Does EPA Propose to Require Revision of NMED's Authorized, 
Delegated, or Approved Programs?
IV. Additional Information
    A. How Does this Rule Comply with Executive Order 12866?
    B. Is a Regulatory Flexibility Analysis Required?
    C. Does this Trigger the Requirements of the Unfunded Mandates 
Reform Act?
    D. How Does this Rule Comply with Executive Order 13045: 
Protection of Children from Environmental Health Risks and Safety 
Risks?
    E. How Does this Rule Comply with Executive Order 13132: 
Federalism?
    F. How Does this Rule Comply with Executive Order 13175: 
Consultation and Coordination with Indian Tribal Governments?

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    G. How Does this Rule Comply with the National Technology 
Transfer and Advancement Act?
    H. How Does this Rule Comply with Executive Order 13211: Energy 
Effects?

I. Requirements of Today's Rule

    J. How Does this Rule Comply with the Paperwork Reduction Act?

I. Authority

    EPA is publishing this proposed regulation under the authority of 
sections 33 U.S.C. 2701 to 2761; 42 U.S.C. 300f to 300J-26; 42 U.S.C. 
6901 to 6992k.

II. Overview of Project XL

    The Final Project Agreement (FPA) sets forth the intentions of EPA, 
NMED, and the NASA WSTF (hereinafter, collectively, Project 
Signatories) with regard to a project developed under Project XL, an 
EPA initiative to allow regulated entities to achieve better 
environmental results with limited regulatory flexibility. The proposed 
regulation, along with the FPA (also available in today's Federal 
Register), would facilitate implementation of the project. Project 
XL``eXcellence and Leadership''--was announced on March 16, 1995, as a 
central part of the National Performance Review and the Agency's effort 
to reinvent environmental protection. See 60 FR 27282 (May 23, 1995). 
Project XL provides a limited number of private and public regulated 
entities an opportunity to develop their own pilot projects to request 
regulatory flexibility that will result in environmental protection 
that is superior to what would be achieved through compliance with 
current and reasonably-anticipated future regulations. These efforts 
are crucial to EPA's ability to test new strategies that reduce 
regulatory burden and promote economic growth while achieving better 
environmental and public health protection. EPA intends to evaluate the 
results of this and other Project XL projects to determine which 
specific elements of the projects, if any, should be more broadly 
applied to other regulated entities for the benefit of both the economy 
and the environment.
    Under Project XL, participants in four categories--facilities, 
industry sectors, governmental agencies, and communities--are offered 
the flexibility to develop common sense, cost-effective strategies that 
will replace or modify specific regulatory requirements, on the 
condition that they produce and demonstrate superior environmental 
performance.
    The XL program is intended to enable EPA to experiment with 
potentially promising regulatory approaches, both to assess whether 
they provide benefits at the specific facility affected, and whether 
they should be considered for wider application. Such pilot projects 
allow EPA to proceed more quickly than would be possible when 
undertaking changes on a nationwide basis. As part of this 
experimentation, EPA may try approaches or legal interpretations that 
depart from, or are even inconsistent with, longstanding Agency 
practice, so long as those interpretations are within the broad range 
of discretion enjoyed by the Agency in interpreting the statutes that 
it implements. EPA may also modify rules, on a site-specific basis, 
that represent one of several possible policy approaches within a more 
general statutory directive, so long as the alternative being used is 
permissible under the statute.
    Adoption of such alternative approaches or interpretations in the 
context of a given XL project does not, however, signal EPA's 
willingness to adopt that interpretation as a general matter, or even 
in the context of other XL projects. It would be inconsistent with the 
forward-looking nature of these pilot projects to adopt such innovative 
approaches prematurely on a widespread basis without first determining 
whether they are viable in practice and successful in the particular 
projects that embody them. Furthermore, as EPA indicated in announcing 
the XL program, EPA expects to adopt only a limited number of carefully 
selected projects. These pilot projects are not intended to be a means 
for piecemeal revision of entire programs. Depending on the results in 
these projects, EPA may or may not be willing to consider adopting the 
alternative interpretation again, either generally or for other 
specific facilities.
    EPA believes that adopting alternative policy approaches and 
interpretations, on a limited, site-specific basis and in connection 
with a carefully selected pilot project, is consistent with the 
expectations of Congress about EPA's role in implementing the 
environmental statutes (provided that the Agency acts within the 
discretion allowed by the statute). Congress' recognition that there is 
a need for experimentation and research, as well as ongoing re-
evaluation of environmental programs, is reflected in a variety of 
statutory provisions.

XL Criteria

    To participate in Project XL, applicants must develop alternative 
environmental performance objectives pursuant to eight criteria: 
superior environmental performance; cost savings and paperwork 
reduction; local stakeholder involvement and support; test of an 
innovative strategy; transferability; feasibility; identification of 
monitoring, reporting and evaluation methods; and avoidance of shifting 
risk burden. The XL projects must have the full support of the affected 
Federal, State, local and tribal agencies to be selected.
    For more information about the XL criteria, readers should refer to 
the two descriptive documents published in the Federal Register (60 FR 
27282, May 23, 1995 and 62 FR 19872, April 23, 1997), and the December 
1, 1995 ``Principles for Development of Project XL Final Project 
Agreements'' document. A copy of this publication is available in 
Docket #A-2000-54. For explanation of how the NASA WSTF XL project 
addresses the XL criteria, readers should refer to the Final Project 
Agreement available from the EPA Air docket A-2000-54, or the Project 
XL web page (http://www.epa.gov/projectxl).

XL Program Phases

    The Project XL program has four basic developmental phases: the 
initial pre-proposal phase in which the project sponsor identifies an 
innovative concept that it would like EPA to consider as an XL pilot 
project; the second phase where the project sponsor works with EPA and 
interested stakeholders in developing an XL proposal; the third phase 
in which EPA, local regulatory agencies, and other interested 
stakeholders review the XL proposal; and the fourth phase where the 
project sponsor works with EPA, local regulatory agencies, and 
interested stakeholders in developing a Final Project Agreement and 
implementation mechanism. After the Final Project Agreement has been 
signed by all designated parties and promulgation of the final rule (or 
other legal mechanism) for the XL pilot, the XL pilot project proceeds 
to implementation and evaluation.

Final Project Agreement

    The Final Project Agreement (FPA) is a written voluntary agreement 
between the project sponsor and regulatory agencies. The FPA contains a 
detailed description of the proposed pilot project. It addresses the 
eight Project XL criteria, and the expectation of the Agency that the 
XL project will meet those criteria. The FPA identifies performance 
goals and indicators that the project is yielding the expected 
environmental benefits, and specifically addresses the manner in which 
the project is expected to produce superior environmental benefits. The 
FPA also discusses the administration of the FPA,

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including dispute resolution and termination. The FPA for this XL 
project is available for review in the docket for today's action, and 
also is available on the world wide web at http://www.epa.gov/projectxl/.

III. Overview of the NASA WSTF XL Project

    Today's proposed rule would facilitate implementation of Phases 1 
and 2 of the NASA WSTF FPA (the document that embodies EPA's intent to 
implement this project) that has been developed by EPA, the New Mexico 
Environmental Department (NMED), NASA WSTF and other stakeholders. In 
order for New Mexico to implement this project, it may be necessary for 
NMED to make conforming changes to its regulations or State-issued 
permits.
    In this XL Project, the NASA WSTF proposes to electronically submit 
regulatory reports and permit information to the NMED in lieu of paper 
reports. This reporting process will be implemented in a six-phase 
process that will first utilize data submitted on a CD-ROM before 
transitioning to a system that will utilize the internet to transmit 
information to NMED. Today's rule sets forth provisions to facilitate 
implementation of phases 1 and 2 of this XL project. All six phases are 
described in Appendix A of the NASA WSTF FPA and in the Table below.

------------------------------------------------------------------------
         Phase                    Action           Affected NMED Bureau
------------------------------------------------------------------------
Phase 1................  NASA WSTF shall submit   Hazardous Waste,
                          the reports and permit   Groundwater, Surface
                          information listed in    Water.
                          Table A on CD-ROM to
                          the affected NMED
                          Bureau with an
                          electronic
                          certification
                          statement for
                          compliance purposes.
Phase 2................  NASA WSTF shall submit   Hazardous Waste,
                          the reports and permit   Groundwater, Surface
                          information listed in    Water.
                          Table A on CD-ROM to
                          the affected NMED
                          Bureau with an
                          electronic
                          certification
                          statement for
                          compliance purposes.
                         NASA WSTF shall post     Hazardous Waste,
                          the compliance reports   Groundwater, Surface
                          and permit information   Water.
                          listed in Table A to
                          their web site for
                          general information
                          purposes.
Phase 3................  NASA WSTF shall post     Hazardous Waste,
                          the reports and permit   Groundwater, Surface
                          information listed in    Water.
                          Table A to the NASA
                          web site for
                          compliance purposes.
                         Eliminate CD ROM         Hazardous Waste,
                          submittals for the       Groundwater, Surface
                          reports listed in        Water.
                          Table A.
Phase 4................  Post reports and permit  Hazardous Waste,
                          information listed in    Groundwater, Solid
                          Table A to the NASA      Waste.
                          Website for compliance
                          purposes.
                         Submit reports and       Air Quality, Solid
                          permit information       Waste Bureaus.
                          listed in Table B on
                          CD-ROM to the NMED Air
                          Quality and Surface
                          Water Bureaus for
                          compliance purposes.
Phase 5................  Post reports and permit  Hazardous Waste,
                          information listed in    Groundwater, Solid
                          Table A to the NASA      Waste.
                          Website for compliance
                          purposes.
                         Submit reports and       Air Quality, Solid
                          permit information       Waste Bureaus.
                          listed in Table B on
                          CD-ROM to the NMED Air
                          Quality and Surface
                          Water Bureaus for
                          compliance purposes.
                         Post reports and permit  Air Quality, Solid
                          information listed in    Waste Bureaus.
                          Table B to the NASA
                          Web site for general
                          information purposes.
Phase 6................  Eliminate CD-ROM         Air Quality, Solid
                          submittals for the       Waste Bureaus.
                          reports listed in
                          Table B.
                         Post reports and permit  Air Quality, Solid
                          information listed in    Waste, Groundwater,
                          Tables A and B to the    Solid Waste,
                          NASA Web site for        Hazardous Waste.
                          compliance with EPA
                          and NMED reporting
                          requirements.
------------------------------------------------------------------------

Public Key Infrastructure (PKI)-Based Digital Signatures

    In today's rule, EPA proposes to require the use of PKI based 
digital signatures to sign certifications of data submitted by NASA 
WSTF to NMED as part of this XL project. The PKI-based digital 
signatures utilized in today's proposed rule are the product of two 
concepts:
    1. ``Asymmetric'' cryptography, and
    2. a framework for ``certifying'' the identity of a digital 
signature-holder, provided by PKI.
    ``Asymmetric'' cryptography is based on a mathematical relationship 
that exists between certain pairs of numbers, for example number A and 
number B, such that
    1. if A is used to encrypt a message, B and only B can decipher it, 
and
    2. if B deciphers the message, it can only have been encrypted with 
A.
    For purposes of a digital signature, then, A and B are uniquely 
assigned to individual X. One of the numbers, say A, submitter X shares 
with no one. This is X's ``private key''. The other, B, is X's ``public 
key'', and X shares B with anyone to whom X wishes to send a message--X 
may even publish B together with information that identifies him/her as 
X.
    X then signs an electronic document as follows: (1) X uses a 
standard formula or algorithm to produce a number uniquely related to 
the content of the electronic document; this is referred to as the 
``message digest'' or ``hash'' of the document. (2) X uses A, the 
private key, to encrypt this hash; this encrypted hash is X's digital 
signature, and it is unique both to X and to the particular message it 
signs. (3) X attaches this digital signature to X's message (which is 
otherwise not encrypted), and sends it.
    When Y gets X's message, Y validates X's signature by: (1) deriving 
the hash of the message, using the same standard algorithm that X used; 
(2) deciphering X's digital signature, using X's public key, B; and (3) 
comparing the hash Y derived (in step 1) with the deciphered signature. 
The two numbers--the derived hash and the deciphered signature--should 
agree. If (and only if) they do, then Y knows both that the signature 
was produced using A (which

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belongs to X), and that the message has not changed since X signed it.
    Because the digital signature is specific to the particular 
document, and is unique in each case, to say that X is a ``signature-
holder'' in this context is to refer to A and B, the private/public 
key-pair. The A/B key-pair does belong to X and plays the same role in 
each of the many digital signatures X may create through the process 
described above. Accordingly, it is this key-pair--rather than the 
individual signatures they are used to create--that is associated with 
the process of certifying a signature-holder's identity that is 
provided by PKI.
    PKI is a way of reliably establishing and maintaining the identity 
of the individual associated with a given key-pair used in producing 
digital signatures. This protocol involves the issuance of a ``PKI 
certificate'' by a ``trusted'' ``certificate authority'' (CA). The CA 
is ``trusted'' in the sense that it operates in conformance with an 
appropriate certificate policy, and has demonstrated this conformance 
through its operations across a wide range of electronic commerce 
applications.
    Issuing a certificate for individual X typically involves the 
following steps: (1) X applies to the CA for a certificate; (2) the CA 
requests various pieces of personal information from X, and/or 
notarized verifications of X's personal information, and/or X to appear 
in person, to provide the CA with the basis for ``proving'' X's 
identity; (3) the CA provides X with a way to generate X's unique key 
pair; (4) the CA conducts the ``identity proofing'' process--matching 
what X has provided against information about X in various commercial 
databases, official documents, etc.; (5) when the ``identify proofing'' 
is successfully completed, the CA creates a ``certificate'' for X that 
incorporates X's public key, along with various pieces of identifying 
information about X; and (6) the CA digitally signs the certificate to 
certify its authenticity, and makes it available to users through 
directory services.

Digital Signature Process

    In this project, the digital certificate used to create a digital 
signature would be issued to a ``Designated Representative'' at the 
NASA WSTF by an EPA authorized Certificate Authority (CA). For the 
purposes of this XL project EPA has contracted with a third party to 
serve as the CA, to issue digital certificates to individuals at the 
NASA WSTF who are authorized to submit signed, electronic reports to 
NMED. To receive a digital certificate, a Designated Representative 
would be required to log-on to the CA website and provide the 
``entrance'' number provided in their instruction letter from EPA and 
the NMED. The submitter provides the requested personal information 
that the CA needs to perform identity-proofing (name, address, Social 
Security Number, driver's license number, credit card number, etc.). 
This information will not be given to EPA or NMED. During this 
registration process, the issuer of the certificates will also generate 
the public and private cryptographic keys that are associated with the 
digital certificate that the CA will issue. After the CA has completed 
identity-proofing, the submitter will receive a letter from the CA with 
instructions on how to download the certificate to their local computer 
via a web connection. This web session will install the certificate in 
the web browser so it can be used to create digital signatures.
    The electronic signing process will use software issued by an EPA-
approved third party to affix a digital signature to the electronic 
document being submitted via CD ROM. The document is displayed to the 
user on the computer screen. When the submitter activates the signing 
block of the document, a ``signing ceremony'' is initiated. The user is 
advised that he/she is creating a digital signature through the use of 
their private key. After the user provides access to their private key 
by providing a password, a hash function is used to obtain a condensed 
or hash version of the document being submitted, called a message 
digest. The message digest and private key are then input into the 
approved software's digital signature algorithm, to generate the 
digital signature. Any subsequent changes to the document would render 
the original digital signature invalid.

Electronic Signature Agreement

    Today's proposed rule would require NASA WSTF and NMED to enter 
into an Electronic Signature Agreement to properly use and protect the 
validity of the digital signatures used in this XL project. Today's 
rule proposes that the terms in this agreement include, a commitment 
to: (1) protect the private key from unauthorized use by anyone other 
than the Designated Representative; (2) be held as legally bound, 
obligated, or responsible by use of the Designated Representative's 
private key to create a digital signature as by handwritten signature; 
(3) under no circumstances, delegate the use of the private key or make 
it available for use by anyone else; (4) report to NMED within twenty-
four hours of discovery any evidence of the loss, theft, or other 
compromise of any component of the digital signature; (5) immediately 
notify EPA and NMED in writing if the Designated Representative loses 
the authority to sign reports submitted to NMED as a representative of 
NASA WSTF; and (6) secure any assistance of third parties that is 
needed to protect a signature from unauthorized use. EPA believes that 
this agreement is important to ensure that the holder of the private 
key understands how to properly use and protect the key. It is also 
important to ensure that the signature holder understands the legal 
effect of using the private key to affix the digital signature to an 
electronic document. To achieve these goals, EPA believes that the 
signature agreement should require that the signature holder agree to: 
(1) protect the private key from unauthorized use by anyone other than 
the Designated Representative; (2) be held as legally bound, obligated, 
or responsible by use of the Designated Representative's private key to 
create a digital signature as by handwritten signature; (3) under no 
circumstances, delegate the use of the private key or make it available 
for use by anyone else; (4) report to NMED within twenty-four hours of 
discovery any evidence of the loss, theft, or other compromise of any 
component of the digital signature; (5) immediately notify EPA and NMED 
in writing if the Designated Representative loses the authority to sign 
reports submitted to NMED as a representative of NASA WSTF; and (6) 
secure any assistance of third parties that is needed to protect a 
signature from unauthorized use.

CD-ROM Submission Procedures

    During the first, second, fourth and fifth phases of this project, 
NASA WSTF would mail compliance reports and permit information on 
Compact Disc-Read Only Memory (CD-ROM) to the appropriate NMED bureau. 
The CD-ROMs for this project would be prepared at the NASA WSTF. NASA 
WSTF's preparation process would include draft creation by the 
originator, internal review by NASA WSTF's contractor Environmental 
Department personnel, and final editing prior to NASA WSTF concurrence, 
document signature, and preparation of the CD-ROMs. After internal 
review and final edits are completed, the finalized document and 
certification statement would be electronically submitted to NASA 
management for signatory review. If NASA management requires changes, 
the document would be returned to the originator for correction. When 
the document is approved by the appropriate NASA management, that 
individual applies a digital signature using standard Public Key 
Infrastructure

[[Page 55054]]

(PKI) software and digital certificates provided by the EPA.
    After the document is digitally signed, it would be submitted to 
the document management system. The document management system copies 
the electronic deliverable to CD-ROMs for submission to the regulatory 
agencies. The CD-ROM that contains the Project XL Final Project 
Agreement certification statement listed in section 7 of today's rule 
would then be submitted to the NMED. This certification statement would 
be contained in each of the reports listed in Table A of today's 
proposed rule that would be forwarded to NMED by NASA WSTF on a CD-ROM. 
In addition, the document management system would prepare a duplicate 
copy of all submittals and place the electronic documents in the NASA 
on-site document archival system for secure storage and future access. 
The following flow chart provides the electronic deliverable 
preparation steps.
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TP31OC01.001

BILLING CODE 6560-50-C

Certification Statement

    Each report listed in Table A of today's proposed rule forwarded to 
NMED as part of this XL project would include a certification statement 
created by the NASA WSTF Designated Representative as specified in 
section 7 of today's rule. The NASA WSTF Designated Representative 
would be a NASA official legally responsible for the accuracy and 
integrity of the regulatory reports and permit information submitted to 
NMED.

Recordkeeping Requirements

    Today's rule proposes standards to provide for electronic 
recordkeeping of documents submitted by NASA WSTF to NMED as part of 
this XL project. In lieu of paper recordkeeping requirements, NASA WSTF 
would be required to maintain electronic records of the reports 
included in Table A of today's rule for a time period no shorter than 
what is currently required under existing NMED and EPA regulations. The 
point of today's proposed rule requirements in section 8 is to ensure 
that the authenticity and integrity of the electronic documents 
submitted to NMED by NASA WSTF as part of this XL project, are 
preserved as they are created, submitted and/or maintained 
electronically, so that they can provide strong evidence of what was 
intended by the individuals who created and or signed them.

A. To Which Facilities Would the Proposed Rule Apply?

    The proposed rule would apply only to the NASA White Sands Test 
Facility in Las Cruces, NM and NMED bureaus of Solid Waste, Hazardous 
Waste, Air Quality, Surface Water, and Ground Water. Further, the 
regulatory modifications being proposed would only affect the reporting 
and recordkeeping requirements for the reports listed in Table A.

B. What Problems Would the NASA WSTF XL Project Address?

    The NASA XL project proposes to implement an electronic document 
submission and recordkeeping system that will reduce the cost and time 
necessary to submit selected regulatory reports and permit information 
to NMED as required by EPA regulations. Implementation of this project 
will reduce the cost and time associated with the reporting of 
regulatory reports and permit information currently required by EPA and 
NMED.

C. What Solution Is Proposed by the NASA WSTF Project?

    The NASA WSTF proposes to implement an electronic regulatory 
reporting system. NASA proposes that the extensive paper reporting 
deliverable requirements of multiple Bureaus of NMED can be simplified 
and streamlined through use of a paperless regulatory reporting system 
that allows data to be reported electronically. The system will 
ultimately provide regulatory agencies with real-time desktop access to 
site-specific environmental compliance information and reduce needed 
resources including document preparation time, white paper usage, and 
triplicate reproduction.

D. What Regulatory Changes Will Be Necessary To Implement This Project?

    To implement this project, the Agency is proposing today a site-
specific rule that would authorize NMED to allow the NASA WSTF to 
electronically submit the regulatory reports and permit information 
included in Table A of

[[Page 55055]]

today's proposed rule to the NMED bureaus.
    This XL project consists of six phases. After completion of the 
second phase, EPA intends to draft a site-specific rule to enable NASA 
WSTF to utilize an internet-based electronic reporting system to be 
described in a subsequent rule.

E. How Have Various Stakeholders Been Involved in This Project?

    NASA established an appropriate stakeholder group to assist in 
developing the Final Project Agreement for this XL pilot project and to 
evaluate NASA WSTF's plan and progress in implementing the project. 
NASA solicited input on this project from a wide range of stakeholders 
including local and national environmental groups, neighborhood 
associations, and industry trade associations. Stakeholders were 
notified of this project by direct mail, telephone, and notification in 
the local press.
    NASA WSTF solicited public involvement in this project by holding 
public meetings while negotiating the Final Project Agreement for this 
project with EPA and NMED. The NMED supports this project and is a 
Project Signatory to the Final Project Agreement.
    NASA has kept an open dialogue with interested stakeholders since 
the project's inception and will continue to involve any interested 
stakeholders in the project's development. In addition, EPA and NASA 
will make all project-related final documents and events publicly 
accessible through announcements, EPA's web site, and public dockets.

F. How Would This Project Result in Cost Savings and Paperwork 
Reduction?

    In this XL project, the NASA White Sands Test Facility proposes to 
reduce its EPA and NMED reporting and recordkeeping costs through use 
of an electronic document reporting and recordkeeping system. NASA 
would provide NMED and EPA with access to NASA WSTF's regulatory 
information by electronically submitting regulatory reports and permit 
information to a NASA controlled web site and forwarding compliance 
data on CD-ROM's in lieu of submitting paper reports to each NMED 
Bureau. NASA's use of electronic reporting would greatly reduce the 
number of reports submitted on paper. Additionally, use of the proposed 
electronic reporting system would reduce the manpower required to 
compile and disseminate compliance information.

G. What Are the Terms of the NASA WSTF XL Project and How Would They Be 
Enforced?

    This project would be in effect for five years from the date the 
final rule takes effect. Any Project Signatory may terminate its 
participation in this project at any time in accordance with the 
procedures set forth in the FPA.
    Upon completion of the project term, EPA and NMED, have committed 
to evaluate the project. If the project results indicate that it was a 
success, EPA will consider transferring the regulatory flexibility (or 
some similar flexibility) to the national RCRA, CAA, or CWA program 
(through rulemaking procedures). Should the project results indicate 
that the project was not successful or if the project is terminated 
early, EPA may promulgate a rule to remove the site-specific regulatory 
flexibility.

H. Does EPA Propose to Require Revision of NMED's Authorized, 
Delegated, or Approved Programs?

    EPA is not proposing to revise the affected State authorized, 
delegated, or approved programs. Today's rule would affect only certain 
reports submitted by a single facility. Electronic reporting and record 
keeping would also be permitted only in accordance with the specific 
requirements articulated in today's proposal. EPA solicits comments on 
these specific requirements. Under these circumstances, EPA does not 
believe that program revision is necessary. Nonetheless, EPA solicits 
comment on whether EPA should require New Mexico to seek revision of 
the affected State programs.

IV. Additional Information

A. How Does This Rule Comply With Executive Order 12866?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs of the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Because this rule affects only one facility, it is not a rule of 
general applicability and therefore not subject to OMB review and 
Executive Order 12866. In addition, OMB has agreed that review of site 
specific rules under Project XL is not necessary. Additionally, the 
annualized cost of this final rule would be significantly less than 
$100 million and would not meet any of the other criteria specified in 
the Executive Order, therefore, it has been determined that this rule 
is not a ``significant regulatory action'' under the terms of Executive 
Order 12866, and is therefore not subject to OMB review.
    Executive Order 12866 also encourages agencies to provide a 
meaningful public comment period, and suggests that in most cases the 
comment period should be 60 days. However, in consideration of the very 
limited scope of today's proposed rulemaking and the public involvement 
in the development of the proposed Final Project Agreement, EPA 
considers 30 days to be sufficient in providing a meaningful public 
comment period for today's action.

B. Is a Regulatory Flexibility Analysis Required?

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, et seq. 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions. This rule would not 
have a significant impact on a substantial number of small entities 
because it would only affect the NASA White Sands Test Facility, in Las 
Cruces, NM, and it is not a small entity. Therefore, EPA certifies that 
this action will not have a significant economic impact on a 
substantial number of small entities.

C. Does this Project Trigger the Requirements of the Unfunded Mandates 
Reform Act?

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of

[[Page 55056]]

their regulatory actions on State, local, and tribal governments and 
the private sector. Under section 202 of the UMRA, EPA generally must 
prepare a written statement, including a cost-benefit analysis, for 
proposed and final rules with ``Federal mandates'' that may result in 
expenditures to State, local, and tribal governments, in the aggregate, 
or to the private sector, of $100 million or more in any one year. 
Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    As noted above, this rule would apply only to one facility in Las 
Cruces, New Mexico. EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. EPA has also determined that this rule does not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any one year. Thus, today's rule is 
not subject to the requirements of sections 202 and 205 of the UMRA.

D. How Does This Rule Comply With Executive Order 13045: Protection of 
Children From Environmental Health Risks and Safety Risk?

    The Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) applies to any rule that: (1) Is determined to be ``economically 
significant,'' as defined under Executive Order 12866; and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule, as defined by Executive Order 12866, 
and because it does not involve decisions based on environmental health 
or safety risks. This rule sets forth electronic reporting procedures 
for the submission of environmental compliance data.

E. How Does This Rule Comply With Executive Order 13132: Federalism?

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It would 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Today's proposed rule would 
implement a project developed under an entirely voluntary federal 
program; thus, Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comments on the proposed rule 
from State and local officials.

F. How Does This Rule Comply With Executive Order 13175: Consultation 
and Coordination With Indian Tribal Government?

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This proposed rule would not have tribal implications. It would not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Today's proposed rule, would affect a single, non-tribal facility that 
is not located on tribal lands and this rule would have no impact on 
tribal law or culture; thus, Executive Order 13175 does not apply to 
this rule.
    In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communications between EPA and tribal governments, 
EPA specifically solicits additional comment on this proposed rule from 
tribal officials.

G. How Does This Rule Comply With the National Technology Transfer and 
Advancement Act?

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 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 standard.

[[Page 55057]]

    Today's proposed rule would allow NASA WSTF to mail regulatory 
reports and permit information on a CD-ROM diskette to NMED using 
specified technical standards. EPA proposes to require that NMED 
require NASA WSTF to use Portable Data Format (PDF), Hypertext Markup 
Language (HTML) and eXtensible Mark-Up Language (XML) format standards 
in these CD-ROM submissions. Accordingly, this rule would comply with 
the requirements of NTTAA.

H. How Does This Rule Comply With Executive Order 13211: Energy 
Effects?

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. Requirements for Today's Rule

    For the reasons set forth above and under the conditions described 
below, EPA authorizes the New Mexico Environment Department (NMED) to 
allow the National Aeronautics and Space Administration (NASA) White 
Sands Test Facility (WTSF) to submit and retain in electronic form any 
of the documents listed in Table A.

J. How Does This Rule Comply With the Paperwork Reduction Act?

    Information collection requests will not pertain to this rule, 
which pertains to a site specific pilot program that has only one 
respondent.
    1. Definitions. For purposes of this rule, the terms listed below 
are defined as follows:
    Certificate Authority (CA) means an entity which EPA has authorized 
to serve as the trusted third party to oversee the certificate 
enrollment, issuance, validation, and revocation processes. The CA also 
conducts identity proofing inquiries and issues digital certificates 
that accurately convey the subscriber's identity information and public 
keys.
    Designated Representative means an individual who is authorized to 
sign reports for the NASA WSTF with respect to the submission of any 
documents listed in Table A.
    Digital Signature means a number uniquely calculated by the 
application of an encryption algorithm, using a value supplied by an 
individual's private key, to a message digest for the document being 
signed.
    Electronic record-keeping system means any set of apparatus, 
procedures, software, records or documentation used to retain exact 
electronic copies of electronic records and electronic documents.
    Electronic signature means any electronic record that is 
incorporated into (or appended to) an electronic document for the 
purpose of expressing the same meaning and intention that an 
individual's handwritten signature would express if affixed in the same 
relation to the document's content presented on paper.
    Private/public key pair means a pair of numbers mathematically 
related to each other and to a specified encryption algorithm such 
that: (i) the private key cannot be derived from the public key, and 
(ii) using the encryption algorithm, the public key will only decrypt 
messages encrypted with the private key and it is the only key that 
will decrypt these messages.
    2. Authentication. A Designated Representative must use a digital 
certificate, issued by a third party authorized by EPA, and EPA-
approved electronic signature software to affix a digital signature to 
any electronic version of a document in Table A.
    3. Electronic Signature Agreement. NMED shall require each 
Designated Representative to sign, in handwriting with ink on paper, 
the Electronic Signature Agreement in Appendix A. By signing the 
Electronic Signature Agreement, a Designated Representative must, at a 
minimum, agree to:
    (a) protect the private key from unauthorized use by anyone other 
than the Designated Representative;
    (b) be held as legally bound, obligated, or responsible by use of 
the Designated Representative's private key to create a digital 
signature as by handwritten signature;
    (c) under no circumstances, delegate the use of the private key or 
make it available for use by anyone else;
    (d) report to NMED within twenty-four hours of discovery any 
evidence of the loss, theft, or other compromise of any component of 
the digital signature;
    (e) immediately notify EPA and NMED in writing if the Designated 
Representative loses the authority to sign reports submitted to NMED as 
a representative of NASA WSTF; and
    (f) secure any assistance of third parties that is needed to 
protect a signature from unauthorized use.
    4. General Submission Requirements. In lieu of a paper document, 
NMED may accept from NASA WSTF an electronic version of any document 
listed in Table A, provided the electronic document bears a valid 
digital signature, as provided in sections 2 and 3 of this rule, to the 
same extent that a paper submission for which the document substitutes 
would bear a handwritten signature. To be valid a digital signature 
must be created by a Designated Representative and with a private key 
device issued to that person.
    5. CD-ROM Submission Procedures. Electronic versions of documents 
listed in Table A may only be submitted by certified mail to the 
appropriate NMED bureau in Portable Data Format (PDF), Hypertext Markup 
Language (HTML) or eXtensible Markup Language format on a read-only CD-
ROM disk. To be acceptable, each submission must include a digital 
signature, as provided in sections 2, 3, and 4 of this rule, and a 
certification statement, as provided in section 7 of this rule.
    6. Frequency. Any electronic documents submitted must be submitted 
at the same time and with the same frequency prescribed under 
applicable NMED and EPA regulations for their paper equivalents.
    7. Compliance Certification. NMED must require that, as part of any 
electronic document that it receives from NASA WSTF, a Designated 
Representative provides a digitally-signed electronic compliance 
certification that includes at least the following:
    (a) the name of the regulatory document being submitted;
    (b) date of signature;
    (c) name and mailing address of the NMED bureau to which the 
document is being sent; and
    (d) a digital signature of the Designated Representative who 
attests to a statement that reads as follows:
    ``I am authorized to submit the electronic document identified 
above on behalf of the NASA White Sands Test Facility. I certify under 
penalty of law that I have personally examined, and am familiar with, 
the statements and information submitted in this electronic document 
and all of its attachments. Based on my inquiry of those individuals 
with primary responsibility for obtaining the information, I certify 
that the statements and information contained in this electronic 
document and its attachments are, to the best of my knowledge and 
belief, true, accurate, and complete. I am aware that there are 
significant penalties for submitting false statements and information 
or omitting required statements and information, including the 
possibility of fine or imprisonment.
    I recognize that NMED and EPA will rely on this electronic document 
in lieu of an equivalent paper document, and that this document and the 
information it contains will be used to determine my compliance with 
federal and State law.
    In addition, I certify that I am the individual to whom the digital

[[Page 55058]]

certificate used in signing this document has been issued and that I 
have at all times complied with the terms under which this certificate 
was issued, including my obligation to protect my private key from use 
by anyone other than myself and to report any compromise of any 
component of my digital signature.'' 
    8. Electronic Record-keeping. Any electronic version of a document 
listed in Table A must be retained in electronic format by both NASA 
WSTF and NMED for as long as a corresponding paper document must be 
stored under applicable State or federal law. NMED must require that:
    (a) NASA make electronic copies of electronic documents available 
on an individual, collective, or standing basis to NMED upon written 
request. These electronic documents must be promptly transmitted, 
mailed, or available for inspection as NMED requests.
    (b) NASA employ a method of electronic record retention that:
    (1) Generates and maintains accurate and complete electronic 
documents in a form that may not be altered without detection;
    (2) produces accurate and complete copies of any electronic 
document and renders these copies readily available, in both human 
readable and electronic form, for on-site inspection and off site 
review, for the entirety of the required period of record retention;
    (3) ensures that any electronic record or electronic document 
bearing an electronic signature contain the name of the signatory and 
the date and time of signature;
    (4) prevents an electronic signatory and the date and time of 
signature;
    (5) ensures that record changes do not obscure previously recorded 
information and that audit trail documentation is retained for at least 
as long as the electronic document;
    (6) ensures that electronic documents are searchable and 
retrievable for reference and secondary uses, including inspections, 
audits, and legal proceedings; and
    (7) archives records in an electronic form which preserves the 
context, meta data, and audit trail.

    Dated: October 24, 2001.
Christine Todd Whitman,
Administrator.

                       Table A.--Covered Documents
------------------------------------------------------------------------
              State permit                         Report name
------------------------------------------------------------------------
Post Closure Care Permit NM88000194-2..  Application for renewal
                                          submittal.
Post Closure Care Permit NM88000194-2..  Duty to provide requested
                                          information.
Post Closure Care Permit NM88000194-2..  Revision/Modification
                                          Notification Report.
Post Closure Care Permit NM88000194-2..  Non compliance report.
Post Closure Care Permit NM88000194-2..  Notification of Emergency
                                          Coordinators list change.
Post Closure Care Permit NM88000194-2..  Annual compliance monitoring
                                          report.
Post Closure Care Permit NM88000194-2..  Annual potentiometric flow net
                                          report.
Post Closure Care Permit NM88000194-2..  Incident reports.
Post Closure Care Permit NM88000194-2..  Request for modified post
                                          closure care period.
Post Closure Care Permit NM88000194-2..  Completion of post closure care
                                          requirements submittal.
Post Closure Care Permit NM88000194-2..  Appendix IX analysis new
                                          defects notification.
Post Closure Care Permit NM88000194-2..  Annual effectiveness/
                                          conclusions report.
Post Closure Care Permit NM88000194-2..  Well Replacement notification.
Post Closure Care Permit NM88000194-2..  Modification of groundwater
                                          monitoring plan submittal.
Landfill Post Closure Care Plan........  Plan revision submittal.
Landfill Post Closure Care Plan........  Methane and groundwater.
Landfill Post Closure Care Plan........  Inspections and maintenance
                                          reports.
Discharge Plan DP-392..................  Annual Wastewater flow volumes
                                          submittal.
Discharge Plan DP-392..................  Spill contingency notification.
Discharge Plan DP-392..................  Contingency Plan notification.
Discharge Plan DP-392..................  Duty to provide requested
                                          information.
Discharge Plan DP-392..................  Modification notifications.
Discharge Plan DP-392..................  Right to appeal petition.
Discharge Plan DP-392..................  Transfer of ownership
                                          notification.
Discharge Plan DP-392..................  Application for renewal
                                          submittal.
Discharge Plan DP-392..................  Internal written recordkeeping.
Discharge Plan DP-584..................  Semi-annual Monitoring Reports
                                          Submittal.
Discharge Plan DP-584..................  Semi-annual wastewater
                                          discharge volumes report
                                          submittal.
Discharge Plan DP-584..................  Closure sampling results
                                          submittal.
Discharge Plan DP-584..................  Internal written recordkeeping.
Discharge Plan DP-584..................  Duty to provide requested
                                          information.
Discharge Plan DP-584..................  Spill contingency notification.
Discharge Plan DP-584..................  Modification notifications.
Discharge Plan DP-584..................  Right to appeal petition.
Discharge Plan DP-584..................  Transfer of ownership
                                          notification.
Discharge Plan DP-584..................  Application for renewal
                                          submittal.
Discharge Plan DP-697..................  Leak contingency notification
                                          and reporting.
Discharge Plan DP-697..................  Mitigation summary report
                                          submittal.
Discharge Plan DP-697..................  Quarterly monitoring reports
                                          submittal.
Discharge Plan DP-697..................  Internal written
                                          recordlkeeping.
Discharge Plan DP-697..................  Duty to provide requested
                                          information.
Discharge Plan DP-697..................  Modification notifications.
Discharge Plan DP-697..................  Right to appeal petition.
Discharge Plan DP-697..................  Transfer of ownership
                                          notification.
Discharge Plan DP-697..................  Application for renewal
                                          submittal.
Discharge Plan DP-1170.................  Leak contingency notification
                                          and reporting.
Discharge Plan DP-1170.................  Semi annual monitoring reports
                                          submittal.
Discharge Plan DP-1170.................  Internal written recordkeeping.

[[Page 55059]]

 
Discharge Plan DP-1170.................  Duty to provide requested
                                          information.
Discharge Plan DP-1170.................  Modification notifications.
Discharge Plan DP-1170.................  Right to appeal petition.
Discharge Plan DP-1170.................  Transfer of ownership
                                          notification.
Discharge Plan DP-1170.................  Application for renewal
                                          submittal.
Landfill Post Closure Care Plan........  Inspections and maintenance
                                          reports.
Landfill Post Closure Care Plan........  Methane and groundwater
                                          monitoring data reports. .
Landfill Post Closure Care Plan........  Plan revision submittal.
Landfill Post Closure Care Plan........  Change of responsible parties
                                          notification.
Landfill Post Closure Care Plan........  30 year reporting requirement.
Landfill Groundwater Monitoring Plan...  Plan revision submittal.
Landfill Groundwater Monitoring Plan...  Request to modify sampling
                                          frequencies submittal.
Landfill Groundwater Monitoring Plan...  Monitoring level exceedance
                                          notification.
Landfill Groundwater Monitoring Plan...  Analytical data reports.
RCRA Operating Permit NM8800019434-1...  Revision/Modification
                                          notification.
RCRA Operating Permit NM8800019434-1...  Waste Analysis Plan
                                          modification submittal.
RCRA Operating Permit NM8800019434-1...  Submittal signatory
                                          requirements.
RCRA Operating Permit NM8800019434-1...  Requests for deadline
                                          extension.
RCRA Operating Permit NM8800019434-1...  Newly identified SWMUs
                                          notification.
RCRA Operating Permit NM8800019434-1...  Newly identified SWMUs
                                          notification plan.
RCRA Operating Permit NM8800019434-1...  Newly discovered release
                                          notification.
RCRA Operating Permit NM8800019434-1...  Newly discovered release
                                          investigation plan.
RCRA Operating Permit NM8800019434-1...  Transfer of ownership
                                          notification.
RCRA Operating Permit NM8800019434-1...  RFI/CMS and monthly progress
                                          reports.
RCRA Operating Permit NM8800019434-1...  Revised reports submittals.
RCRA Operating Permit NM8800019434-1...  Non EPA analytical method
                                          protocol submittal.
RCRA Operating Permit NM8800019434-1...  Off site access agreements
                                          submittal.
RCRA Operating Permit NM8800019434-1...  Monthly analytical data
                                          reports.
RCRA Operating Permit NM8800019434-1...  Project coordinator change
                                          notification.
RCRA Operating Permit NM8800019434-1...  Reports, plans, notifications,
                                          etc ``in writing''
                                          requirement.
RCRA Operating Permit NM8800019434-1...  Lack of funds notification.
RCRA Operating Permit NM8800019434-1...  Written statement of dispute
                                          submittal.
RCRA Operating Permit NM8800019434-1...  ``Force majeur'' event
                                          notification.
RCRA Operating Permit NM8800019434-1...  Final RFI/CMS submittal.
RCRA Operating Permit NM8800019434-1...  Application for renewal
                                          submittal.
RCRA Operating Permit NM8800019434-1...  Duty to provide requested
                                          information. .
RCRA Operating Permit NM8800019434-1...  Annual ETU liner assessment
                                          report.
RCRA Operating Permit NM8800019434-1...  Notification of non compliance.
RCRA Operating Permit NM8800019434-1...  Notification and certification
                                          of closure and survey plat.
RCRA Operating Permit NM8800019434-1...  Emergency coordinator personnel
                                          change notification.
RCRA Operating Permit NM8800019434-1...  Contingency plan modification
                                          submittal.
RCRA Operating Permit NM8800019434-1...  Spill incident reports.
RCRA Operating Permit NM8800019434-1...  Spill response and corrective
                                          action reports.
RCRA Operating Permit NM8800019434-1...  Certifications of major repairs
                                          submittal and recordkeeping.
RCRA Operating Permit NM8800019434-1...  ETU secondary containment
                                          useful life extension request.
RCRA Operating Permit NM8800019434-1...  ETU steel structure useful life
                                          extension request.
RCRA Operating Permit NM8800019434-1...  ODU waste quantity exceedance
                                          notification.
RCRA Operating Permit NM8800019434-1...  ODU statistical results and
                                          constituent exceedance report.
RCRA Operating Permit NM8800019434-1...  FTU waste quantity exceedance
                                          notification.
Air Quality Permit # 629-M-1...........  40 CFR Notification
                                          Requirements.
Air Quality Permit # 629-M-1...........  Revision/Modification Notice.
Air Quality Permit # 629-M-1...........  Compliance Testing schedule
                                          notification.
Air Quality Permit # 629-M-1...........  Written test protocol
                                          submittal.
Air Quality Permit # 629-M-1...........  Compliance test report
                                          submittal.
Air Quality Permit # 629-M-1...........  Quarterly reports submittal.
Air Quality Permit # 629-M-1...........  Duty to provide requested
                                          information.
Air Quality Permit # 629-M-1...........  Transfer of ownership
                                          notification.
Air Quality Permit # 629-M-1...........  Modification notifications.
Air Quality Permit # 629-M-1...........  Change of operator
                                          notification.
Air Quality Permit # 629-M-1...........  Right to appeal notification.
Air Quality Permit # 629-M-1...........  Certifications of major repairs
                                          submittals and recordkeeping.
Air Quality Permit # 629-M-1...........  ETU secondary containment
                                          useful life extension request.
Air Quality Permit # 629-M-1...........  ETU steel structure useful life
                                          extension request.
Air Quality Permit # 629-M-1...........  ODU waste quantity exceedance
                                          notification.
Air Quality Permit # 629-M-1...........  ODU statistical results and
                                          constituent exceedance report.
Air Quality Permit # 629-M-1...........  FTU waste quantity exceedance
                                          notification.
Air Quality Permit # 629 M-3...........  40 CFR part 60 notification
                                          requirements.
Air Quality Permit # 629 M-3...........  Revision/Modification
                                          notification.
Air Quality Permit # 629 M-3...........  Compliance Testing schedule
                                          notification.
Air Quality Permit # 629 M-3...........  Written test protocol
                                          submittal.
Air Quality Permit # 629 M-3...........  Compliance test report
                                          submittal.
Air Quality Permit # 629 M-3...........  Transfer of ownership
                                          notification.

[[Page 55060]]

 
Air Quality Permit # 629 M-3...........  Duty to provide requested
                                          information.
Air Quality Permit # 629 M-3...........  Change of operator
                                          notification.
Air Quality Permit # 629 M-3...........  Quarterly reports submittal.
Air Quality Permit # 629 M-3...........  Right to appeal petition.
Air Quality Permit #400 M-1............  Revision/Modification
                                          notification.
Air Quality Permit #400 M-1............  40 CFR part 60 notification
                                          requirements.
Air Quality Permit #400 M-1............  Change of operator
                                          notification.
Air Quality Permit #400 M-1............  Compliance testing schedule
                                          notification.
Air Quality Permit #400 M-1............  Written test protocol
                                          submittal.
Air Quality Permit #400 M-1............  Transfer of ownership
                                          notification.
Air Quality Permit #400 M-1............  Duty to provide requested
                                          information.
Air Quality Permit #400 M-1............  Right to appeal petition.
Air Quality Permit #400 M-1............  Transfer of ownership
                                          notification.
Air Quality Permit #400 M-1............  Duty to provide requested
                                          information.
Air Quality Permit #400 M-1............  Right to appeal petition.
Surface Water..........................  Best Management Practices
                                          Report.
Surface Water..........................  Surface Water Management:
                                          Surface Water Worksheet
------------------------------------------------------------------------

Appendix A

Project XL Electronic Signature Agreement

    In accepting the digital certificate issued by the EPA approved 
Certificate Authority to digitally sign electronic documents 
submitted to the New Mexico Environmental Department (NMED) as part 
of the NASA White Sands Test Facility (NASA WSTF) Project XL pilot 
project, I, [name of digital signature holder],
    (1) agree to protect the private key from use by anyone except 
me,
    (2) understand and agree that I will be held as legally bound, 
obligated, or responsible by my use of my private key as I would be 
using my hand-written signature, and that legal action can be taken 
against me based on my use of my private key in submitting reports 
to NMED.
    (3) agree never to delegate the use of my private key or make it 
available for use by anyone else;
    (4) agree to report to NMED and the issuer of the certificate 
within twenty-four (24) hours of discovery, any evidence of the 
loss, theft, or other compromise of my private key;
    (5) agree to report to NMED and the issuer of the certificate 
within twenty-four (24) hours of discovery, any evidence of 
discrepancy between a report I have signed and submitted and what 
NMED has received from me;
    (6) agree to notify NMED and issuer of the certificate in 
writing if I cease to represent NASA WSTF as signatory of that 
organization's reports to NMED as soon as this change in 
relationship occurs.
----------------------------------------------------------------------
NASA WSTF Designated Representative.

----------------------------------------------------------------------
NMED Chief Information Officer.
[FR Doc. 01-27380 Filed 10-30-01; 8:45 am]
BILLING CODE 6560-50-P