National Capacity Assessment Report; Availability of Draft

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5104-5]

National Capacity Assessment Report; Availability of Draft

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 104(c)(9) of CERCLA requires states to provide an

assurance in a contract or cooperative agreement of the availability of

hazardous waste treatment or disposal capacity to manage the hazardous

wastes expected to be generated within their State for 20 years before

EPA can expend any Superfund remedial action Trust funds in the States.

The 1993 Guidance for Capacity Assurance Planning (OSWER Directive

9010.02) presented a national approach for determining capacity to

treat and dispose of hazardous wastes reasonably expected to be

generated during this period. This notice announces the availability of

the draft National Capacity Assessment Report. Based on the preliminary

assessment that the draft Report presents, the Agency believes there is

sufficient national capacity to manage all hazardous wastes projected

to be generated through 2013. EPA will utilize the draft assessment,

together with other data that becomes available, in evaluating whether

the assurance requirement of CERCLA Section 104 (c)(9) has been met

when entering into contracts or cooperative agreements with States.

Based on the comments received on this draft Report, the Agency will

modify, as appropriate, the National Assessment and make available any

revised assessment by publishing a notice of availability in the

Federal Register. If any revised assessment identifies a shortfall in

any management categories, those states contributing to the

shortfall(s) will be notified by the Agency to submit additional

information that addresses any identified shortfall(s). Methods for

obtaining a copy of the draft Assessment Report are described below.

The information collection activities for the 1993 Capacity Assurance

Planning process have been approved by the Office of Management and

Budget (OMB) under OMB Control Number 2050-0099.

DATES: Comments on the draft Assessment Report must be received on or

before January 17, 1995.

ADDRESSES: Commenters must send an original and two copies of their

comments to: RCRA Docket Information Center, Office of Solid Waste

(5305), U.S. Environmental Protection Agency Headquarters (EPA, HQ),

401 M Street, SW., Wash., DC 20460. Comments must include the docket

number F-94-CARA-FFFFF. The public docket is located at EPA HQ, room

M2616 and is available for viewing from 9 a.m. to 4 p.m., Monday

through Friday, excluding federal holidays. Public review of the docket

materials is by appointment only. Call (202) 260-9327 for appointments.

Copies cost $.15/page.

Comments may also be submitted electronically by sending electronic

mail (e-mail) through Internet to: RCRA-D[email protected]. All

comments in electronic format should be identified by the docket number

F-94-CARA-FFFFF. Further information on submitting comments

electronically is provided below in the section entitled ``Electronic

Filing of Comments.''

FOR FURTHER INFORMATION CONTACT: The draft Assessment Report will be

available in electronic format on the Internet System through the EPA

Public Access Server at gopher.epa.gov. For a paper copy of the draft

Assessment Report, please contact the National Technical Information

Service (NTIS) at 1-703-487-4650. The document number is PB95-105 417

(EPA530-R-94-040). Copies of the draft Report's Executive Summary

(EPA530-S-94-040) are free, and may be obtained by calling the RCRA

Hotline at 1-800-424-9346. For information on specific aspects of the

draft Assessment Report, contact Robert Burchard, Office of Solid Waste

(5302W), U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460, (703) 308-8450.

Electronic Filing of Comments

As part of an interagency ``streamlining'' initiative, EPA is

experimenting with submission of public comments on selected actions

electronically through the Internet in addition to accepting comments

in traditional written form. This notice is one of the actions selected

by EPA for this experiment. From the experiment, EPA will learn how

electronic commenting works and any problems that arise can be

addressed before EPA adopts electronic commenting more broadly in its

rulemaking activities.

Electronic comment through the Internet raises some novel issues

that are discussed below in this Section. Persons who comment on this

document should be aware that this experimental electronic commenting

is administered on a completely public system. Therefore any personal

information included in comments and the electronic mail addresses of

those who make comments electronically are automatically available to

anyone else who views these comments.

Commenters should not submit electronically any information which

they believe to be Confidential Business Information (CBI). Such

information should be submitted only in writing in triplicate directly

to the EPA. Comments containing CBI should be submitted to: Document

Control Officer, Office of Solid Waste (5305), U.S. EPA, 401 M Street,

SW, Washington, DC 20460.

The official record for this action will be kept in paper form.

Accordingly, EPA will transfer all documents received electronically,

into printed, paper form as they are received and will place the paper

copies in the official record which will also include all comments

submitted directly in writing. The official record is the paper record

maintained at the address in ``ADDRESSES'' at the beginning of this

document. (Comments submitted on paper will not be transferred to

electronic format. These comments may be viewed only in the RCRA docket

as described above.)

Because the electronic comment process is still experimental, EPA

cannot guarantee that all electronic comments can be accurately

converted to printed, paper form. If EPA becomes aware of any problems

with the receipt of the electronic file or with its transfer to paper,

EPA will attempt to contact the commenter to ask the commenter to

resubmit the comment in electronic or written form. Some commenters may

choose to submit identical comments in both electronic and written form

to ensure accuracy. In that case, EPA requests that comments clearly

note in both the electronic and written submissions that the comments

are duplicated in the other medium. This will assist EPA in processing

and filing the comments during the open comment period. As with written

comments, electronic comments on the draft Assessment Report must be

received on or before January 17, 1995.

As with written comments, EPA will not attempt to verify the

identities of electronic commenters or to review the accuracy of

electronic comments. EPA will take such commenters and comments at face

value. Electronic and written comments will be placed in the official

record without any editing or change by EPA except to the extent

changes occur in the process of converting electronic comments to

printed, paper form.

If it chooses to respond officially to electronic comments on this

notice, EPA will do so either in a notice in the Federal Register or in

a response to comments document placed in the official record for this

docket. EPA will not respond to commenters electronically other than to

seek clarification of electronic comment that may be garbled in

transmission or conversion to printed, paper form as discussed above.

Any communications from EPA employees to electronic commenters, other

than those described in this paragraph, either through Internet or

otherwise are not official responses from EPA.

EPA is interested in learning whether people have obtained these

documents electronically, and what their experiences were in doing so.

People who are interested in providing feedback on the electronic

availability of these documents are encouraged to comment by sending

email to OSW-P[email protected]. Direct any substantive questions to

the contacts listed below.

Accessing Internet

Through Gopher:

Go to: gopher.epa.gov

From the main menu, choose ``EPA Offices and Regions.''

Next, choose ``Office of Solid Waste and Emergency Response (OSWER).''

Finally, choose ``Office of Solid Waste.''

Through FTP:

Go to: ftp.epa.gov

Login: anonymous

Password: Your Internet Address

Files are located in /pub. All OSW files are in directories beginning

with ``OSW.''

Through Telnet:

Go to: gopher.epa.gov

Choose the EPA Public Access Gopher. From the main (Gopher) menu,

choose ``EPA Offices and Regions.'' Next, choose ``Office of Solid

Waste and Emergency Response (OSWER)'' Then, choose ``Office of Solid

Waste.''

Through MOSAIC:

Go to: http://www.epa.gov

Choose the EPA Public Access Gopher. From the main (Gopher) menu,

Choose ``EPA Office and Regions.'' Next, choose ``Office of Solid Waste

and Emergency Response (OSWER).''Finally, choose ``Office of Solid

Waste.''

``Through dial-up access: Dial 919-558-0335. Choose EPA Public

Access Gopher. From the main (Gopher) menu, choose ``EPA Offices and

Regions.'' Next choose ``Office of Solid Waste and Emergency Response

(OSWER).'' Then choose ``Office of Solid Waste.''

Dated: November 1, 1994.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 94-28151 Filed 11-15-94; 8:45 am]

BILLING CODE 6560-50-P