[Federal Register Volume 67, Number 105 (Friday, May 31, 2002)]
[Notices]
[Pages 38102-38104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13521]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2002-0001; FRL-7181-7]


EPA Dockets; EPA's New Electronic Public Docket and Comment 
System; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of a new electronic public 
docket and comment system designed to greatly expand access to EPA's 
public dockets, and facilitate the submission of public comments to 
EPA, providing an unprecedented level of online access to EPA's 
programs and rulemaking processes. Known as EPA Dockets, this online 
system will allow you to search the Agency's major public dockets 
online, view the index listing of the contents for the dockets included 
in the system, and access those materials that are available online. 
You will be able to submit your comments online when a particular 
public docket available in EPA Dockets is open for public comments, and 
you will be able to view public comments online for that docket. This 
new capability will be a valuable tool to support the Agency's 
regulatory process by enabling more efficient access to EPA's 
rulemaking development process, and will create a new means for the 
Agency to share other non-rulemaking information for comment purposes. 
This capability will enable Agency rulemakers and decision-makers to 
carry out their responsibilities more efficiently. It will greatly 
enhance the public's access to the materials used in EPA's decision-
making process, simplify electronic commenting, and access to the 
public comments in those public dockets available in EPA Dockets. This 
document provides a brief introduction to EPA Dockets, along with an 
overview of EPA's policies related to the implementation of the system.

FOR FURTHER INFORMATION CONTACT: Shivani Desai, Information Strategies 
Branch, Collection Strategies Division (Mail Code 2822T), Office of 
Environmental Information (OEI), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
566-1674; fax number: (202) 566-1639; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Electronic government is a core component of the President's 
Management Agenda with stated goals to: Make it easy for citizens to 
obtain service and interact with the federal government; improve 
government efficiency and effectiveness; and improve government's 
responsiveness to citizens. With those goals in mind, twenty-four 
projects with the most potential to simplify and unify agency processes 
and information flows, provide one-stop services to citizens and 
increase agency effectiveness were identified by the Office of 
Management and Budget (OMB) for implementation. One of those projects, 
On-Line Rulemaking, will create an easy-to-use, government-wide on-line 
portal to find and comment on proposed rules. The project will 
ultimately improve quality, efficiency, and consistency in the federal 
rulemaking processes. EPA Dockets is consistent with the approach 
contained in the On-Line Rulemaking project and can serve as an 
important building block for development. More information regarding 
the projects included in the President's Management Agenda for E-gov 
can be obtained from the federal government's E-Government Strategy on 
the OMB website at http://www.whitehouse.gov/omb/inforeg/egovstrategy.pdf.
    There are also several statutory mandates for federal agencies to 
provide electronic access to agency information. For example, the 
Government Paperwork Elimination Act (GPEA), Public Law 105-277, Title 
XVII (1998), mandates that agencies give citizens the option to submit 
information and conduct transactions with the agency electronically, 
when practicable, by October 2003. The Electronic Freedom of 
Information Act (E-FOIA), Amendments of 1996, 5 U.S.C. 552(a), require 
agencies to ensure the electronic availability of the agency-created 
records that must be available for public inspection and copying, 
through on-line access where possible, or by other electronic means, 
and that agencies provide an electronic copy of the information if 
readily reproducible electronically when requested in that format. 
Other mandates require agencies to consider revising their operations 
or procedures to maximize the use of today's electronic technology.
    EPA initiated the development of an electronic public docket system 
after a 1996 survey of docket customers revealed the desire of docket 
customers to have electronic access to docket materials and the ability 
to search across all of the EPA dockets for information. Initiated 
prior to the online rulemaking initiative included in the President's 
Management Agenda for E-gov, and before the enactment of the electronic 
access mandates, today's announcement of the EPA Dockets demonstrates 
EPA's commitment to ensuring that the public has access to the 
information that is used to inform the Agency's decisions regarding 
potential risks to the environment and public health, and that the 
public has an opportunity to participate in the Agency's decision 
process. By providing online access to EPA's public dockets, and an 
online mechanism for the submission of public comments, EPA is 
advancing the E-Government Strategy, as well as satisfying the mandate 
under GPEA.

[[Page 38103]]

II. EPA's New Electronic Docket

    The following is a brief introduction to EPA Dockets, along with an 
overview of EPA's policies related to the implementation of the system.

A. What is a Docket?

    The official docket serves as the repository for the collection of 
documents or information related to a particular agency action or 
activity. The official docket generally consists of the documents 
specifically referenced in the Federal Register document, any public 
comments received, and other information used by decision-makers, or 
otherwise related to the Agency action or activity. Agencies most 
commonly use dockets for rulemaking actions, but dockets may also be 
used for various other non-rulemaking activities, such as Federal 
Register documents seeking public comments on draft guidance, policy 
statements, information collection requests under the Paperwork 
Reduction Act, and other non-rule activities.
    The public docket is the collection of materials in the official 
docket that is available for public inspection and copying. Although a 
part of the official docket for an action or activity, the public 
docket does not include Confidential Business Information (CBI) or 
other information whose public disclosure is restricted by statute.
    The Agency will continue to maintain the official docket in paper 
form at the EPA docket facilities established for the particular 
program or office, where the public docket will be made available for 
public inspection and copying. The public can continue to view the 
public dockets at the facility, as well as request a copy of the 
docket's index or a copy of a listed publicly available document(s).

B. What is EPA Dockets?

    The EPA Dockets, known during the development and pilot stages as 
the Regulatory Public Access System (RPAS), is an online system that 
provides electronic access to EPA's public dockets. During the 
development of EPA Dockets, the system was initially intended to 
enhance public access to rulemaking information, so most of the public 
dockets that are currently available in EPA Dockets will be rulemaking 
dockets. However, since EPA Dockets provides an effective and efficient 
mechanism for the public to access electronic records and submit 
electronic comments, you will also notice that EPA Dockets provides 
electronic access to other non-rulemaking dockets. The type of docket 
(i.e., rulemaking docket or general docket) is clearly identified 
within the system. In addition, when the Agency issues a Federal 
Register document after today, it will specifically identify in that 
Federal Register document whether a docket has been established, and 
whether the public docket has been included in EPA Dockets, and it will 
identify the specific identification number assigned to that docket.
    1. Which Dockets Facilities are Using EPA Dockets? EPA Dockets is 
being phased-in across the Agency, starting with the following four 
Headquarter offices: The Office of Solid Waste and Emergency Response 
(OSWER), the Office of Air and Radiation (OAR), the Office of Water 
(OW), and the Office of Prevention, Pesticides, and Toxic Substances 
(OPPTS). Participation is expected to be expanded to include other EPA 
Headquarter offices, with the Office of Environmental Information 
(OEI), and the Office of Enforcement and Compliance Assurance (OECA) 
slated to implement the system for their dockets in the Fall of 2002.
    Since the Agency is phasing-in the implementation of EPA Dockets, 
you will notice that not all Federal Register documents with a docket 
that publish after today will be included in EPA Dockets. For those 
offices that are already using EPA Dockets, this will occur because the 
docket related to that Federal Register document was already 
established prior to the implementation of EPA Dockets, and is 
therefore not available in EPA Dockets. Federal Register documents with 
a docket that are issued by EPA offices that have not yet implemented 
EPA Dockets will be included in EPA Dockets at a later date, when the 
system is implemented by their docket facility.
    In addition, EPA Dockets will provide online public access to 
several legacy public dockets, i.e., dockets that were originally 
created in paper, including dockets that were transferred to EPA 
Dockets from an existing electronic docket system, as well as dockets 
that were entered into EPA Dockets during the pilot and initial 
implementation stages.
    As of May 31, 2002, the following docket facilities will use EPA 
Dockets to establish the public docket, index the docket contents, and, 
to the extent feasible, provide the electronic version of publicly 
available docket materials:
    Air Docket; telephone number: (202) 260-7549; e-mail address: [email protected]
    Pesticides Docket; telephone number: (703) 305-5805; e-mail 
address: [email protected]
    RCRA Docket; telephone number: (703) 603-9230; e-mail address: 
[email protected]
    Superfund Docket; telephone number: (703) 603-9232; e-mail address: 
[email protected]
    Toxics Docket; telephone number: (202) 260-7099; e-mail address: 
oppt- [email protected]
    UST Docket; telephone number: (703) 603-9230; e-mail address: [email protected]
    Water Docket; telephone number: (202) 260-3027; e-mail address: [email protected]
    The following docket facilities are preparing to implement EPA 
Dockets later this year:
    OEI Docket; telephone number: (202) 566-1677.
    OECA Docket; telephone number: (202) 564-2614; e-mail address: 
[email protected]
    EPA will consolidate all the Headquarter paper docket facilities 
into a ``Combined Docket Facility'' in August of 2002. This new 
facility will continue to be located in Washington, DC, and will 
provide state-of-the-art technology, security, and comfort to and for 
the public docket user community. Prior to the opening of the 
``Combined Docket Facility,'' EPA will publish a notice in the Federal 
Register announcing the facility's contact information. This 
information will also be posted on the EPA website at http://www.epa.gov/epahome/dockets.htm. If you have questions about a 
particular docket, please contact the appropriate docket facility 
directly.
    2. What Docket Materials will be Accessible Through EPA Dockets? 
The content of EPA Dockets will generally mirror that of the public 
docket, with a few exceptions. Since the public docket does not include 
CBI or other information whose public disclosure is restricted by 
statute, the EPA Dockets will not include any of this information. 
Although included in the paper public docket, EPA has determined that 
the following material will not be included in EPA Dockets:
     Material subject to copyright protection.
     Audio and video materials.
     Oversized printed materials (e.g., greater than 11" x 
14").
     Other physical, three dimensional items.
    In addition, since the paper docket currently remains the official 
docket, EPA Dockets may not contain electronic copies of all of the 
materials that are available in the paper public docket. For example, 
if EPA only has access to a paper copy of a document that is included 
in the official docket, EPA

[[Page 38104]]

intends to scan and create an electronic copy of that document so that 
it can also be accessed in EPA Dockets. At times, however, the Agency 
may not be able to complete this conversion for all of the materials in 
the paper public docket. Eventually, however, EPA intends to provide 
electronic access to all of the publicly available docket materials 
through EPA Dockets, and will be working to designate EPA Dockets as 
the official public docket.
    With regard to public comments, EPA will continue to place all 
public comments in the public docket as EPA receives them and without 
change. For those comments that contain CBI, or other information whose 
disclosure is restricted by statute, EPA will continue to ask the 
commenter to provide a non-CBI version of the comment for inclusion in 
the public docket.
    For EPA Dockets, EPA's policy is that public comments will be made 
available for public viewing in EPA Dockets, as EPA receives them and 
without change, unless the comment contains copyrighted material, CBI, 
or other information whose disclosure is restricted by statute. When 
EPA identifies a comment containing copyrighted material, EPA will 
provide a reference to that material in the version of the comment that 
is placed in EPA Dockets. The entire printed comment, including the 
copyrighted material, will be available in the paper public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA Dockets. Public 
comments that are mailed or delivered in paper form to the docket 
facility will be scanned and placed in EPA Dockets. Where practical, 
physical objects will be photographed, and the photograph will be 
placed in EPA's electronic public docket along with a brief description 
written by the docket staff.
    When a document is selected from the index list in EPA Dockets, the 
system will identify whether the document is available for viewing in 
EPA Dockets. Although not all docket materials may be available 
electronically, you may still access paper copies of any of the 
publicly available docket materials through the docket facility 
identified in the Federal Register document.
    3. How Can I Access and Use EPA Dockets? You may access EPA Dockets 
on the Internet at http://www.epa.gov/edocket. You may use EPA Dockets 
to access available public docket materials online, as well as submit 
electronic comments to EPA during the open comment period for a 
particular docket available in EPA Dockets. To search for an available 
public docket or to search for a particular docket material, the system 
provides two basic methods of searching to retrieve dockets and docket 
materials that are available in the system: ``Quick Search'' to search 
using a full-text search engine, or through an ``Advanced Search,'' 
which displays various indexed fields such as the docket name, docket 
identification number, phase of the action, initiating office, date of 
issuance, document title, document identification number, type of 
document, Federal Register reference, CFR citation, etc. Each data 
field in the advanced search may be searched independently or in 
combination with other fields, as desired. Each search yields a 
simultaneous display of all available information found in EPA Dockets 
that is relevant to the requested subject or topic.
    You may also use EPA Dockets to submit your comments online when a 
particular docket available in EPA Dockets is open for public comments. 
The Federal Register document will identify whether a docket has been 
established in EPA Dockets, and will provide detailed instructions 
identifying the various methods that can be used to submit public 
comments to EPA.
    If the docket for the Federal Register document was established 
prior to May 31, 2002, it may not identify EPA Dockets as an available 
method for submitting electronic comments on that Federal Register 
document. In such cases, if you do not find that public docket in EPA 
Dockets, you will not be able to use EPA Dockets to submit electronic 
comments to that particular docket, and you will need to follow the 
instructions in that Federal Register document for submitting your 
comments to EPA. If that public docket is nonetheless available in the 
system, EPA encourages you to use the system to submit your electronic 
comments. If the Federal Register document does not discuss EPA 
Dockets, only those comments submitted through EPA Dockets will be 
available in their entirety for online viewing in EPA Dockets.
    Your use of EPA Dockets to submit comments to EPA electronically is 
EPA's preferred method for receiving comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment. EPA recommends that you include 
your name, mailing address, and an e-mail address or other contact 
information in the body of your comment to ensure that you can be 
identified as the submitter of the comment, and it allows EPA to 
contact you in case EPA cannot read your comment due to technical 
difficulties or needs further information on the substance of your 
comment. EPA's policy is that EPA will not edit your comment, and any 
identifying or contact information provided in the body of a comment 
will be included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.
    You should continue to ensure that your comments are submitted 
within the specified open comment period. Comments received after the 
close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments in formulating a final 
decision.

III. Additional Information

    Additional details about EPA Dockets, as well as detailed 
instructions and assistance for using the system, is available online. 
Be sure to use the feedback function to let us know about your 
experiences using the system. We will use that feedback to help us 
identify potential improvements that would better service your needs. 
You may also contact the person listed under FOR FURTHER INFORMATION 
CONTACT.

List of Subjects

    Environmental protection, Docket, Electronic, Public comment, 
Records.


    Dated: May 22, 2002.
Mark A. Luttner,
Director of Information Collection, Office of Environmental 
Information.

[FR Doc. 02-13521 Filed 5-30-02; 8:45 am]
BILLING CODE 6560-50-S