[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Proposed Rules]
[Pages 51765-51766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24581]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 302 and 355
[FRL-5311-1]
Administrative Reporting Exemptions for Certain Radionuclide
Releases
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On August 4, 1995 (60 FR 40042), the U.S. Environmental
Protection Agency (EPA or the Agency) requested comments on
administrative exemptions for certain radionuclide releases from
reporting requirements under section 103 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), and
section 304 of the Emergency Planning and Community Right-to-Know Act
(EPCRA). EPA requested that public comments on the proposed rule be
submitted by October 3, 1995. To date, the Agency has received three
written requests for a 60-day extension to the public comment period.
In response to these requests, EPA, in today's action, is granting an
extension to the public comment period to allow the public greater
opportunity to evaluate the issues raised by the August 4, 1995
proposed rule.
DATES: Comments on the August 4, 1995 proposed rule must be submitted
on or before December 4, 1995.
ADDRESSES: Submittal of Comments: Comments should be submitted in
triplicate (no facsimiles or tapes) to: Docket Coordinator; Docket
Number 102RQ-RN-2; Headquarters; U.S. Environmental Protection Agency
CERCLA Docket Office; (Mail Code 5201G); 401 M Street SW. Washington,
DC 20460; 703/603-8917. Please note that this is the mailing address
only. Documents are available for viewing, by appointment only, at the
address provided below in the ``Document Viewing'' section.
Document Viewing: Copies of materials relevant to the August 4,
1995 proposed rule are contained in Docket Number 102RQ-RN-2 at the
U.S. EPA CERCLA Docket Office, Crystal Gateway #1, 12th Floor, 1235
Jefferson Davis Highway, Arlington, VA 22202. The docket is available
for viewing, by appointment only, between the hours of 9 a.m. and 4
p.m., Monday through Friday, excluding Federal holidays. Appointments
to view the docket can be made by calling 703/603-8917. Please note
that this is the visiting address only. Mail comments to the address
listed above in the ``Submittal of Comments'' section.
The public may copy a maximum of 266 pages from any regulatory
docket at no cost. If the number of pages copied exceeds 266, however,
an administrative fee of $25 and a charge of $0.15 per page for each
page after page 266 will be incurred. The Docket Office will mail
copies of materials to requestors who are outside the Washington, DC
metropolitan area.
FOR FURTHER INFORMATION CONTACT:
The RCRA/UST, Superfund, and EPCRA Hotline at 800/424-9346 (in the
Washington, DC metropolitan area, contact 703/412-9810); the
Telecommunications Device for the Deaf (TDD) Hotline at 800/553-7672
(in the Washington, DC metropolitan area, contact 703/486-3323); or Mr.
Jack Arthur, Response Standards and Criteria Branch, Emergency Response
Division (5202G), U.S. Environmental Protection Agency, 401 M Street
SW., Washington, DC 20460, or at 703/603-8760.
SUPPLEMENTARY INFORMATION: In a proposed rule published on November 30,
1992 (57 FR 56726), the Agency provided notice of, and requested
comment on, four exemptions from notification requirements under CERCLA
section 103 and EPCRA section 304. The Agency proposed to exempt: (1)
Releases of naturally occurring radionuclides from large generally
undisturbed land holdings, such as golf courses and parks; (2) releases
of radionuclides naturally occurring from the disturbance of large
areas of land for purposes other than mining, such as farming or
building construction; (3) releases of radionuclides from the dumping
of coal and coal ash at utility
[[Page 51766]]
and industrial facilities with coal-fired boilers; and (4) radionuclide
releases to all media from coal and coal ash piles at utility and
industrial facilities with coal-fired boilers. All background materials
and public comments related to the November 30, 1992 proposal are
available for inspection in Docket Number 102RQ-RN-1 located at the
U.S. EPA CERCLA Docket Office (address provided above in the ``Document
Viewing'' section).
After evaluating the public comment letters received on the
November 30, 1992 proposal, the Agency decided to issue a supplemental
proposal, which was published on August 4, 1995 (60 FR 40042), to
request information and comment on expanded reporting exemptions for
radionuclide releases. In the August 4, 1995 proposal, EPA proposed to
grant reporting exemptions for releases of naturally occurring
radionuclides associated with (1) land disturbance incidental to
extraction activities at certain kinds of mines, and (2) coal and coal
ash piles at all kinds of sites. The Agency also requested comments on
two alternatives to these exemptions.
The three comment letters received to date that requested a 60-day
extension to the comment period for the August 4, 1995 proposed rule
cited a number of factors contributing to their request: (1) The volume
and complexity of the technical information EPA used to support the
proposed exemptions; (2) the need to address the basis not only for the
proposed expanded reporting exemptions, but also for the two
alternatives as well as other aspects of the proposal; and (3) the need
to review two different rulemaking dockets (one for the August 4, 1995
proposal and one for the November 30, 1992 proposal) to prepare more
thorough comments.
EPA recognizes that additional time may be warranted to prepare
public comments on the August 4, 1995 proposal, based on the factors
described above. In addition, the Agency does not believe that the
temporary delay in the schedule for finalizing the exemptions will pose
a threat to public health, welfare, or the environment. Thus, in
today's action, EPA is granting a 60-day extension to the comment
period for the August 4, 1995 proposal.
Elaine Davies,
Acting Director, Office of Emergency and Remedial Response.
[FR Doc. 95-24581 Filed 10-2-95; 8:45 am]
BILLING CODE 6560-50-M
