81 FR 38703 - EPA's Review of the Waste Isolation Pilot Plant's Biennial Environmental Compliance Report for the Period 2012 to 2014
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 114 (June 14, 2016)
Federal Register Volume 81, Issue 114 (June 14, 2016)
| Page Range | 38703-38704 | |
| FR Document | 2016-14095 |
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)] [Notices] [Pages 38703-38704] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14095] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2016-0265; FRL-9947-64-OAR] EPA's Review of the Waste Isolation Pilot Plant's Biennial Environmental Compliance Report for the Period 2012 to 2014 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) has completed its review of the Department of Energy's (DOE) most recent Biennial Environmental Compliance Report (BECR) for the Waste Isolation Pilot Project (WIPP), covering the period April 1, 2012 through March 31, 2014. Section 9(a)(2) of the WIPP Land Withdrawal Act requires the DOE to submit documentation to the EPA of the WIPP's continued compliance with designated federal laws pertaining to public health and safety or the environment. The Secretary of Energy was notified that the EPA had completed its review via a letter from EPA Administrator Gina McCarthy dated June 3, 2016. FOR FURTHER INFORMATION CONTACT: Nick Stone, WIPP Project Officer, Mail Code 6PD-O, U.S. Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, TX 75202. Nick Stone may be reached by telephone at (214) 665-7226. SUPPLEMENTARY INFORMATION: I. General Information A. How can I get copies of this document and other related information? 1. Docket. EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2016-0265; FRL-9947-64-OAR. Docket materials are publicly available either electronically through http://www.regulations.gov or in hard copy at the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 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, and 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 photocopying. 2. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the ``Federal Register'' listings at http://www.regulations.gov. II. Background The EPA conducted this review under the authority of Section 9 of the WIPP Land Withdrawal Act (WIPP LWA, Pub. L. Nos. 102-579 and 104- 201). Section 9(a)(1) of the WIPP LWA requires that, as of the date of the enactment of the WIPP LWA, the DOE shall comply with respect to the WIPP with (1) regulations for the management and storage of radioactive waste (40 CFR part 191, subpart A); (2) the Clean Air Act; (3) the Solid Waste Disposal Act; (4) the Safe Drinking Water Act; (5) the Toxic Substances Control Act; (6) the Comprehensive Environmental Response, Compensation, and Liability Act; and (7) all other applicable Federal laws pertaining to public health and safety or the environment. Section 9(a)(2) of the WIPP LWA requires the DOE biennially to submit to the EPA documentation of continued compliance with the laws, regulations, and permit requirements set forth in Section 9(a)(1). As outlined in the EPA's letter to the Secretary of Energy, the Agency has been able to conclude its review of the WIPP BECR for the reporting period, April 1, 2012 through March 31, 2014 based on receipt of all cumulative documentation from DOE and the Settlement Agreement between the State of New Mexico and the Department. EPA will consider the DOE's compliance with the Settlement Agreement as part of its review of the Department's compliance for the next reporting period, from April 1, 2014 to March 31, 2016, and subsequent reporting periods as appropriate. The Agency will continue its oversight of the WIPP and continue to work cooperatively with the DOE, the State of New Mexico and the public to ensure that the WIPP is protective of human health and the environment. All relevant information related to this review-- including this notice and the letter to the Secretary of Energy--are available online via the WIPP news Web site (https://www.epa.gov/radiation/wipp-news) and the aforementioned docket on regulations.gov (EPA-HQ-OAR-2016-0265). This determination is not in any way related to, or a part of, the EPA's certification and recertification decisions regarding whether the WIPP complies with the Agency's disposal [[Page 38704]] regulations for transuranic radioactive waste at 40 CFR part 191. Dated: June 3, 2016. Gina McCarthy, Administrator. [FR Doc. 2016-14095 Filed 6-13-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices 38703
measures, including data and equations ENVIRONMENTAL PROTECTION reasonable fee may be charged for
to aid users in estimating capital costs AGENCY photocopying.
for installation and annual costs for 2. Electronic Access. You may access
operation and maintenance of these [EPA–HQ–OAR–2016–0265; FRL–9947–64– this Federal Register document
measures. The Control Cost Manual is OAR] electronically through the EPA Internet
used by the EPA for estimating the under the ‘‘Federal Register’’ listings at
impacts of rulemakings, and serves as a EPA’s Review of the Waste Isolation http://www.regulations.gov.
basis for sources to estimate costs of Pilot Plant’s Biennial Environmental
Compliance Report for the Period 2012 II. Background
controls that are Best Available Control
to 2014 The EPA conducted this review under
Technology under the New Source
Review Permitting Program and Best AGENCY: Environmental Protection the authority of Section 9 of the WIPP
Available Retrofit Technology under the Agency (EPA). Land Withdrawal Act (WIPP LWA, Pub.
Regional Haze Program and for other L. Nos. 102–579 and 104–201). Section
ACTION: Notice.
9(a)(1) of the WIPP LWA requires that,
programs.
SUMMARY: The U.S. Environmental as of the date of the enactment of the
The two Control Cost Manual WIPP LWA, the DOE shall comply with
Protection Agency (EPA) has completed
chapters that have been revised include respect to the WIPP with (1) regulations
its review of the Department of Energy’s
‘‘Chapter 1—Selective Non-Catalytic for the management and storage of
(DOE) most recent Biennial
Reduction’’ and ‘‘Chapter 2—Selective Environmental Compliance Report radioactive waste (40 CFR part 191,
Catalytic Reduction.’’ These two (BECR) for the Waste Isolation Pilot subpart A); (2) the Clean Air Act; (3) the
chapters are the first two chapters to be Project (WIPP), covering the period Solid Waste Disposal Act; (4) the Safe
released for the Seventh Edition of the April 1, 2012 through March 31, 2014. Drinking Water Act; (5) the Toxic
Control Cost Manual and replace the Section 9(a)(2) of the WIPP Land Substances Control Act; (6) the
Selective Non-Catalytic Reduction and Withdrawal Act requires the DOE to Comprehensive Environmental
Selective Catalytic Reduction chapters submit documentation to the EPA of the Response, Compensation, and Liability
in the current Control Cost Manual WIPP’s continued compliance with Act; and (7) all other applicable Federal
Sixth Edition. A response to comment designated federal laws pertaining to laws pertaining to public health and
(RTC) document summarizing public health and safety or the safety or the environment. Section
comments and agency responses is environment. The Secretary of Energy 9(a)(2) of the WIPP LWA requires the
available for each chapter. In addition, was notified that the EPA had DOE biennially to submit to the EPA
cost calculation information is provided completed its review via a letter from documentation of continued compliance
electronically for each chapter enabling EPA Administrator Gina McCarthy with the laws, regulations, and permit
dated June 3, 2016. requirements set forth in Section 9(a)(1).
estimation of costs for installing and
operating NOx control measures. The As outlined in the EPA’s letter to the
FOR FURTHER INFORMATION CONTACT: Nick
Secretary of Energy, the Agency has
final chapters, RTC and cost calculation Stone, WIPP Project Officer, Mail Code
been able to conclude its review of the
documents are available at https:// 6PD–O, U.S. Environmental Protection
WIPP BECR for the reporting period,
www3.epa.gov/ttn/ecas/cost_ Agency, Region 6, 1445 Ross Avenue,
April 1, 2012 through March 31, 2014
manual.html. In addition, all public Dallas, TX 75202. Nick Stone may be
based on receipt of all cumulative
comments received by the agency are reached by telephone at (214) 665–7226.
documentation from DOE and the
available in the docket for this Notice of SUPPLEMENTARY INFORMATION: Settlement Agreement between the State
Availability (EPA–HQ–OAR–2015– I. General Information of New Mexico and the Department.
0341). EPA will consider the DOE’s
The Control Cost Manual was last A. How can I get copies of this compliance with the Settlement
document and other related Agreement as part of its review of the
updated in 2003. The development of
information? Department’s compliance for the next
the Control Cost Manual Seventh
Edition is in response to the 1. Docket. EPA has established a reporting period, from April 1, 2014 to
Consolidated Appropriations Act of docket for this action under Docket ID March 31, 2016, and subsequent
2014, which requested that the EPA No. EPA–HQ–OAR–2016–0265; FRL– reporting periods as appropriate. The
begin development of a seventh edition 9947–64–OAR. Docket materials are Agency will continue its oversight of the
of the Control Cost Manual. publicly available either electronically WIPP and continue to work
through http://www.regulations.gov or cooperatively with the DOE, the State of
Dated: June 8, 2016. in hard copy at the Air and Radiation New Mexico and the public to ensure
Stephen Page, Docket in the EPA Docket Center, (EPA/ that the WIPP is protective of human
Director, Office of Air Quality Planning and DC) EPA West, Room 3334, 1301 health and the environment. All
Standards. Constitution Ave. NW., Washington, relevant information related to this
[FR Doc. 2016–14042 Filed 6–13–16; 8:45 am] DC. The EPA Docket Center Public review—including this notice and the
BILLING CODE 6560–50–P Reading Room is open from 8:30 a.m. to letter to the Secretary of Energy—are
4:30 p.m., Monday through Friday, available online via the WIPP news Web
excluding legal holidays. The telephone site (https://www.epa.gov/radiation/
number for the Public Reading Room is wipp-news) and the aforementioned
srobinson on DSK5SPTVN1PROD with NOTICES
(202) 566–1744, and the telephone docket on regulations.gov (EPA–HQ–
number for the Air and Radiation OAR–2016–0265).
Docket is (202) 566–1742. As provided This determination is not in any way
in EPA’s regulations at 40 CFR part 2, related to, or a part of, the EPA’s
and in accordance with normal EPA certification and recertification
docket procedures, if copies of any decisions regarding whether the WIPP
docket materials are requested, a complies with the Agency’s disposal
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![38704 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices
regulations for transuranic radioactive or other information whose disclosure is copy of the comment that does not
waste at 40 CFR part 191. restricted by statute. contain the information claimed as CBI
Dated: June 3, 2016. • Mail: OPP Docket, Environmental must be submitted for inclusion in the
Protection Agency Docket Center (EPA/ public docket. Information so marked
Gina McCarthy,
DC), (28221T), 1200 Pennsylvania Ave. will not be disclosed except in
Administrator. NW., Washington, DC 20460–0001. accordance with procedures set forth in
[FR Doc. 2016–14095 Filed 6–13–16; 8:45 am] • Hand Delivery: To make special 40 CFR part 2.
BILLING CODE P arrangements for hand delivery or 2. Tips for preparing your comments.
delivery of boxed information, please When preparing and submitting your
follow the instructions at http:// comments, see the commenting tips at
ENVIRONMENTAL PROTECTION www.epa.gov/dockets/contacts.html. http://www.epa.gov/dockets/
AGENCY Additional instructions on commenting comments.html.
[EPA–HQ–OPP–2015–0814; FRL–9946–13] or visiting the docket, along with more
information about dockets generally, is C. How can I get copies of this
available at http://www.epa.gov/ document and other related
Pesticides; Draft Guidance for
dockets. information?
Pesticide Registrants on the
Determination of Minor Use FOR FURTHER INFORMATION CONTACT:
A copy of the draft PR Notice is
Derek Berwald, Biological and available in the docket under docket
AGENCY: Environmental Protection identification (ID) number EPA–HQ–
Agency (EPA). Economic Analysis Division, MC 7503P,
Office of Pesticide Programs, OPP–2015–0814.
ACTION: Notice of availability.
Environmental Protection Agency, 1200 II. What guidance does this PR notice
SUMMARY: The Agency is announcing Pennsylvania Ave. NW., Washington, provide?
the availability of and seeking public DC 20460–0001; telephone number: FIFRA defines a minor use of a
comment on a draft Pesticide (703) 308–8115; email address: pesticide as either (1) a use on a crop
Registration Notice (PR Notice) entitled berwald.derek@epa.gov. grown on 300,000 acres or less in the
‘‘Determination of Minor Use under SUPPLEMENTARY INFORMATION: United States or (2) a use that lacks
Federal Insecticide, Fungicide, and sufficient economic incentive to seek or
Rodenticide Act (FIFRA), section 2(ll).’’ I. General Information
maintain a registration but has private
PR Notices are issued by the Office of A. Does this action apply to me? or social value. This draft PR Notice
Pesticide Programs (OPP) to inform You may be potentially affected by provides guidance to the registrant
pesticide registrants and other this action if you are responsible for the concerning the method used to
interested persons about important initial or continuing registration of determine if a use site is a ‘‘minor use’’
policies, procedures, and registration pesticides. Entities that register as defined by FIFRA 2(ll). In particular,
related decisions, and serve to provide pesticides with EPA’s Office of Pesticide the draft PR Notice describes the
guidance to pesticide registrants and Programs typically fall under the North method for determining if the use ‘‘does
OPP personnel. This draft PR Notice American Industry Classification not provide sufficient economic
would update section 5 of PR Notice System (NAICS) Code 325300— incentive.’’ To date, EPA’s
97–2 and provide guidance to the Pesticide, Fertilizer, and Other interpretation of economic minor use in
registrant as to how the EPA determines Agricultural Chemical Manufacturing. section 2(ll)(2) has been shaped by
a ‘‘minor use.’’ EPA seeks to identify This action may also be of interest to guidance provided in PR Notice 97–2.
and encourage the registration of persons using pesticides on sites that However, the approach outlined in PR
pesticides for minor uses to protect may be considered ‘‘minor’’ including Notice 97–2 ignores critical factors that
communities from harmful pests. This persons engaged in crop and livestock influence the incentives for registration.
draft PR Notice revises the method used production, and persons engaged in pest This draft PR Notice describes the
by EPA for evaluating ‘‘sufficient control in residential, commercial, and revised approach to evaluate ‘‘sufficient
economic incentive’’ under FIFRA. The municipal areas including control of economic incentive’’ which addresses
draft PR Notice explains how qualitative public health pests, and to the public in these factors. It explicitly considers (1)
information may be used to inform the general. Since many entities may be the difference in time between incurring
quantitative analysis, interpret the interested, the Agency has not costs of generating data for registration
results, and clarifies that the most recent attempted to describe all the specific and obtaining revenue from product
United States Department of Agriculture entities that may be affected by this sales, (2) the multiple years over which
(USDA) Census of Agriculture is the action. revenue is generated, and (3) the costs
appropriate source for data on acreage of producing and distributing the
in the United States to establish a minor B. What should I consider as I prepare product. The draft PR Notice provides
use under the acreage definition in my comments for EPA? suggestions about the data that can be
FIFRA 2(ll)(1). 1. Submitting CBI. Do not submit this used to conduct the analysis. Finally,
DATES: Comments must be received on information to EPA through the draft PR Notice explains how
or before August 15, 2016. regulations.gov or email. Clearly mark qualitative information may be used to
ADDRESSES: Submit your comments, the part or all of the information that inform the quantitative analysis and
identified by docket identification (ID) you claim to be CBI. For CBI interpret the results. It also clarifies that
number EPA–HQ–OPP–2015–0814, by information in a disk or CD–ROM that the most recent USDA Census of
srobinson on DSK5SPTVN1PROD with NOTICES
one of the following methods: you mail to EPA, mark the outside of the Agriculture is the appropriate source for
• Federal eRulemaking Portal: http:// disk or CD–ROM as CBI and then data on acreage in the United States to
www.regulations.gov. Follow the online identify electronically within the disk or establish a minor use under the acreage
instructions for submitting comments. CD–ROM the specific information that definition in FIFRA section 2(ll)(1).
Do not submit electronically any is claimed as CBI. In addition to one Registrants will typically seek to
information you consider to be complete version of the comment that demonstrate a site is a minor use in the
Confidential Business Information (CBI) includes information claimed as CBI, a context of requesting an extension of the
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Document Created: 2016-06-14 02:58:54
Document Modified: 2016-06-14 02:58:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Nick Stone, WIPP Project Officer, Mail Code 6PD-O, U.S. Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, TX 75202. Nick Stone may be reached by telephone at (214) 665-7226. | |
| FR Citation | 81 FR 38703 |
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