[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Proposed Rules]
[Pages 54325-54327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18226]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 197

[FRL-7968-7]
RIN 2060-AN15


Opportunity to Obtain Information and Present Testimony on 
Proposed Public Health Environmental Radiation Protection Standards for 
Yucca Mountain, NV; Notice of Public Hearings

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of public hearings.

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SUMMARY: The Environmental Protection Agency (EPA) will conduct public 
hearings to receive comments on its proposed amendments to the Public 
Health and Environmental Radiation Protection Standards for Yucca 
Mountain, Nevada in Amargosa Valley, NV; Las Vegas, NV; and Washington, 
DC.
    The amended proposed standards were published in the Federal 
Register on August 22, 2005. The 60-day public comment period closes on 
October 21, 2005.

DATES: The schedule for the hearings is as follows:
     Amargosa Valley, NV, October 3, 2005, from 7 p.m. to 9 
p.m. This hearing will be preceded by an information session from 4 
p.m. to 5:30 p.m., and a roundtable discussion from 5:30 p.m. to 6:30 
p.m.
     Las Vegas, NV, October 4, 2005, from 7 p.m. to 9 p.m. This 
hearing will be preceded by an information session from 4 p.m. to 5:30 
p.m., and a roundtable discussion from 5:30 p.m. to 6:30 p.m.
     Las Vegas, NV, October 5, 2005, from 11 a.m. to 12 a.m. 
This hearing will be preceded by an information session from 10 a.m. to 
11 a.m.
     Washington, DC, October 11, 2 p.m. to 4 p.m. This hearing 
will be preceded by an information session from 1 p.m. to 2 p.m. 
Specific locations for each city are detailed in the next section, 
ADDRESSES. Procedures for preregistering for and testifying at these 
public hearings are detailed in the ``'Hearings Procedures''' 
subsection (under Unit II) of the SUPPLEMENTARY INFORMATION section.

ADDRESSES: EPA's public hearings to receive comments on the Agency's 
amended proposed radiation protection standards for Yucca Mountain, 
Nevada will be held on:
     October 3, 2005 at the Amargosa Valley Community Center, 
821 East Farm Road, Amargosa Valley, NV;
     October 4 and 5, 2005 at The Cashman Center, 850 North Las 
Vegas Blvd, Las Vegas, NV;
     October 11, 2005 at the EPA East Building, Room 1153, 1202 
Constitution Ave, NW. (Federal Triangle Metro Stop).
For additional information regarding the purpose and format of the 
hearings, please refer to Unit II of the SUPPLEMENTARY INFORMATION 
section.
    Submit your comments, identified by Docket ID No. OAR-2005-0083, by 
one of the following methods:
     Electronically: If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case we 
cannot read your comment due to technical difficulties or we need 
further information on the substance of your comment. EPA's policy is 
that we 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, we may not be able to consider your comment.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's

[[Page 54326]]

electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
     E-mail: Comments may be sent by electronic mail (e-mail) 
to [email protected], Attention Docket ID No. OAR-2005-0083.
     Fax: Fax your comments to: 202-566-1741, Attention Docket 
ID. No. OAR-2005-0083.
     Surface Mail: Send your comments to: EPA Docket Center 
(EPA/DC), Air and Radiation Docket, Environmental Protection Agency, 
EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. Attention Docket ID No. OAR-2005-0083.
     Hand Delivery or Courier: Deliver your comments to: Air 
and Radiation Docket, EPA Docket Center, (EPA/DC) EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC, Attention Docket ID No. 
OAR-2005-0083. Such deliveries are only accepted during the Docket 
Center's normal hours of operation and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments and information to Docket ID No. 
OAR-2005-0083. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.epa.gov/edocket, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the Federal 
regulations.gov Web sites are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. 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. For additional information 
about EPA's public docket visit EDOCKET on-line or see the Federal 
Register of May 31, 2002 (67 FR 38102). For additional instructions on 
submitting comments, please refer to Units I.B., I.C., and I.D. of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: The official docket is the collection of materials that is 
available for public viewing at the Air and Radiation Docket in the EPA 
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is 202-566-
1744. The telephone number for the Air and Radiation Docket is 202-566-
1742. As provided in EPA's regulations at 40 CFR part 2, and in 
accordance with normal EPA docket procedures, if copies of any docket 
materials are requested, a reasonable fee may be charged.

FOR FURTHER INFORMATION CONTACT: Ray Clark, Office of Radiation and 
Indoor Air, Radiation Protection Division (6608J), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: 202-343-9601; fax number: 202-343-2305; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    The DOE is the only entity regulated by these standards. Our 
standards affect NRC only because, under Section 801(b) of the EnPA, 42 
U.S.C. 10141 n., NRC must modify its licensing requirements, as 
necessary, to make them consistent with our final standards. Before it 
may accept waste at the Yucca Mountain site, DOE must obtain a license 
from NRC. DOE will be subject to NRC's modified regulations, which NRC 
will implement through its licensing proceedings.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. If you submit CBI, clearly mark the part or all 
of the information that you claim to be CBI. For CBI information on a 
disk or CD ROM that you mail to EPA, mark the outside of the disk or CD 
ROM as CBI and then identify electronically within the disk or CD ROM 
the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. You may find the following 
suggestions helpful for preparing your comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. Respond to specific questions from the Agency.
    9. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response.

C. How Can I View Items in the Docket?

    1. Information Files. EPA is working with the Lied Library at the 
University of Nevada-Las Vegas (http://www.library.unlv.edu/about/hours.html#desks) and the Amargosa Valley, Nevada public library 
(http://www.amargosavalley.com/Library.html) to provide information 
files on this rulemaking. These files are not legal dockets, however 
every effort will be made to put the same material in them as in the 
official public docket in Washington, DC. The Lied Library information 
file is at the Research and Information Desk, Government Publications 
Section (702-895-2200). Hours vary based upon the academic calendar, so 
we suggest that you call ahead to be certain that the library will be 
open at the time you wish to visit (for a recorded message, call 702-
895-2255).

[[Page 54327]]

The other information file is in the Public Library in Amargosa Valley, 
Nevada (phone 775-372-5340). As of the date of publication, the hours 
are Monday, Wednesday, and Friday (9 a.m.-5 p.m.); Tuesday and Thursday 
(9 a.m.-7 p.m.); and Saturday (9 a.m.-1 p.m.). The library is closed on 
Sunday. These hours can change, so we suggest that you call ahead to be 
certain when the library will be open.
    2. Electronic Access. An electronic version of the public docket is 
available through EPA's electronic public docket and comment system, 
EPA Dockets (EDOCKET). You may use EDOCKET to submit or view comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. To access the docket either go directly to http://www.epa.gov/edocket or, from the EPA Internet Home Page (http://www.epa.gov), select ``Information Sources'' (in the left column), then 
``Dockets,'' then ``EPA Dockets'' (in the first paragraph). For either 
route, then click on ``Quick Search'' (in the left column). In the 
search window, type in the docket identification number OAR-2005-0083. 
Please be patient, the search could take about 30 seconds. This will 
bring you to the ``Docket Search Results'' page. At that point, click 
on OAR-2005-0083. From the resulting page, you may access the docket 
contents (e.g., OAR-2005-0083-0002) by clicking on the icon in the 
``Rendition'' column.

D. Can I Access Information by Telephone or via the Internet?

    Yes. You may call our toll-free information line (800-331-9477) 24 
hours per day. By calling this number, you may listen to a brief update 
describing our rulemaking activities for Yucca Mountain, leave a 
message requesting that we add your name and address to the Yucca 
Mountain mailing list, or request that an EPA staff person return your 
call. In addition, we have established an electronic listserv through 
which you can receive electronic updates of activities related to this 
rulemaking. To subscribe to the listserv, please visit http://www.epa.gov/radiation/yucca/up-to-date.htm. Click on ``Yucca Updates 
Listserv'' and follow to directions there. You also can find 
information and documents relevant to this rulemaking on the World Wide 
Web at http://www.epa.gov/radiation/yucca. We also recommend that you 
examine the preamble and regulatory language for the earlier proposed 
and final rules, which appeared in the Federal Register on August 27, 
1999 (64 FR 46976) and June 13, 2001 (66 FR 32074), respectively.

II. Meeting Purpose and Format

    The meetings will provide opportunities for both informal exchanges 
of information and formal comments. Meeting formats are as follows:
     Information Sessions: an informal opportunity to learn 
about the standards, meet EPA staff, and ask questions. Comments on the 
record can also be provided in writing or on tape.
     Roundtable Dialogues: a facilitated conversation with EPA 
staff to discuss the standards and allow opportunities for the public 
to ask questions of EPA staff, and for EPA to respond. A summary of key 
points and questions will be recorded for the record.
     Public Hearings: a formal opportunity to make verbal 
statements that will be recorded for the public record. For the 
convenience of the public, individuals and organizations should 
schedule a specific time to make their comments (see Hearings 
Procedures below).

Hearing Procedures

    Persons wishing to testify at any of the public hearings are 
requested to pre-register by calling EPA's toll-free Yucca Mountain 
Information Line at 1-800-331-9477 at any time. You will be asked to 
leave a message with the following information:
     Name/Organizational Affiliation (if any).
     Hearing date, location, time(s) available to testify.
     Daytime telephone number.
    Your call will be returned within one business day to confirm a 
scheduled time for testimony. In order to obtain a scheduled speaking 
time, EPA must receive requests no later than September 30, 2005, for 
the hearings in Amargosa Valley and Las Vegas, Nevada; and October 7, 
2005, for the hearing in Washington, DC. Speakers not registered in 
advance may register at the door but are not guaranteed the opportunity 
to testify, depending on time constraints (all individuals will also be 
able to comment in writing or on tape). Individuals testifying on their 
own behalf will be allowed 5 minutes. Groups or organizations must 
designate one individual to testify as the official representative, and 
each group will be allocated ten minutes for an oral presentation. 
Individuals and organizations may submit written comments in addition 
to oral testimony. Time allowed is exclusive of any time consumed by 
questions from the government panel and answers to these questions. 
Testimony from individuals and representatives of organizations is 
limited to one hearing location. In order to ensure that all 
individuals and groups are given an opportunity to testify, 
substitutions will not be permitted for any pre-registered person. 
Registrants will not be permitted to yield their time to other 
individuals or groups, nor will hearing time be used to ``'read into 
the record''' testimony from individuals not present at the hearings. 
In the event any person wishes to enter comments for the record, but 
either cannot or does not appear personally at the hearings, EPA will 
accept written comments during the hearings and other meetings. These 
written comments will be considered to the same extent as oral 
testimony and will be included as part of the official hearings 
transcripts. The hearing transcript will constitute the official record 
of the hearings. Written comments submitted outside of the public 
hearings must be received by EPA Docket OAR-2005-0083 in Washington, 
DC, by October 21, 2005. All comments received by EPA, whether written 
or oral, will be given equal consideration in development of the final 
rule.

    Dated: September 8, 2005.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 05-18226 Filed 9-13-05; 8:45 am]
BILLING CODE 6560-50-P