SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Sulfuric Acid Plants ( 40 CFR Part 60, Subpart H)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Sulfuric Acid Plants ( 40 CFR Part 60, Subpart H)

1( b) Short Characterization/ Abstract This Information Collection Request ( ICR) is for the collection of periodic reports, test data and recordkeeping by the Regional offices or delegated States. Initial and ongoing compliance data is being collected for use by the Regional Offices, the Office of Enforcement and Compliance Assurance ( OECA) and the States in determining initial and ongoing compliance with the New Source Performance Standards ( NSPS). The information is collected by the Region or delegated authority and entered into the AIRS ( Aerometric Information Retrieval System) Facility Subsystem ( AFS) database. The information collection will involve 106 sources, 23,320 burden hours at a cost of $ 1,290,529. The Office of Management and Budget ( OMB) approved the currently active ICR without any " Terms of Clearance."

The New Source Performance Standards ( NSPS) for the regulations published at 40 CFR Part 60, Subpart H were proposed on August 17, 1971 and promulgated on December 23, 1971. These regulations apply to any sulfuric acid facility commencing construction, modification or reconstruction after the date of proposal. A sulfuric acid plant is any facility producing sulfuric acid ( H 2 SO 4) by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge. A sulfuric acid plant does not include facilities where conversion to sulfuric acid is used primarily as a means of preventing emissions to the atmosphere of sulfur dioxide ( SO 2) or other sulfur compounds. This information is being collected to assure compliance with 40 CFR Part 60, Subpart H.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to the NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the Environmental Protection Agency ( EPA) Regional Office. 2 Approximately 106 sources are currently subject to the regulation, and it is estimated that no new sources will become subject to the regulation in the next three years. This was verified by industry reports from Chemical and Engineering News and the on line chemical periodical, Chempages. com. The estimated number of sources was also verified by AIRS data and reconciliation with the Regional contacts. It is further assumed that there is one affected facility per plant.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, Section 114( a) states that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C) install, use, and maintain such monitoring equipment or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) Keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G) provide such other information as he may reasonably require.

In the Administrator's judgment, SO 2 and acid mist emissions from sulfuric acid plants cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category at 40 CFR Part 60, Subpart H. 3 2( b) Practical Utility/ Users of the Data The control of emissions of SO 2 from sulfuric acid plants requires not only the installation of properly designed equipment, but also the proper operation and maintenance of that equipment. Emissions of SO 2 and acid mist from sulfuric acid plants are the result of operation of the affected facilities. These standards rely on the establishment of discharge limits, thus ensuring continuous compliance with the standards. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the standard is being met. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. EPA reduced the reporting frequency for this information from quarterly to semiannually in a December 1990 Federal Register notice. The reduction in reporting frequency was respondent to OMB's previous questions regarding the need for quarterly versus semiannual reporting. The information generated by the recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment and achieve compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with these standards, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The recordkeeping and reporting requested is required under 40 CFR Part 60, Subpart H.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or local agency. If a State or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the State or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on October 29, 2001. No comments were received on the burden published in the Federal Register. 4 3( c) Consultations No telephone consultations were performed as there was no significant change in burden. The preparer of this ICR consulted EPA databases and industry websites as detailed in section 1( b) above to determine industry growth and size.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.6.

3( f ) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are sulfuric acid plants. A sulfuric facility is any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge, but does not include facilities where conversion to sulfuric acid is used primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds. The SIC code for the respondents affected by the standards is SIC ( U. S. Standard Industrial 5 Classification) 2819 which corresponds to the NAICS ( The North American Industry Classification System) 325188 inorganic chemical production.

4( b) Information Requested ( i) Data Items All data in this ICR that is recorded and/ or reported is required by the New Source Performance Standards for Sulfuric Acid Plants ( 40 CFR, Part 60, Subpart H).

Reports for 40 CFR Part 60, Subpart H Construction/ reconstruction 60.7( a)( 1)

Anticipated startup 60.7( a)( 2)

Actual startup 60.7( a)( 3)

Initial performance test results 60.8 ( a)

Initial performance test 60.8( d)

Demonstration of continuous monitoring system 60.7( a)( 5)

Physical or operational change 60.7( a)( 4)

Excess emissions 60.7( a)

Reference Test Method 9 60.11( b)

A source must maintain the following records:

Recordkeeping for 40 CFR Part 60, Subpart H Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b)

Records are required to be retained for 2 Years 60.7( f)

Subsequent annual performance tests, as required 60.7( f) 6 ( ii.) Respondent Activities Respondent Activities Read instructions.

Perform initial performance test, Reference Method 9 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

The information may be collected manually or electronically. Electronic submissions can be made.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry. 7 Agency Activities Audit facility records.

Input, analyze, and maintain data in the AIRS ( Aerometric Information Retrieval System) Facility Subsystem ( AFS) database.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AFS which is operated and maintained by EPA's Office of Air Quality Planning and Standards ( OAQPS). AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for more than 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, EPA Regional Offices and EPA Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility The majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 2: Industry Burden. 8 6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for Subpart H. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 23,320 ( Total Labor Hours from Table 2). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a Technical Labor Rate of $ 55.34 per hour. This is from the United States Department of Commerce Bureau of Labor Statistics, March 2000, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate was increased by 110% to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The costs associated with the information collection activity in the regulations are labor and the purchase of a continuous emissions monitoring ( CEM) device. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor. 9 ( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Startup Cost ($) for One Affected Facility ( C) Number of New Affected Facilities to Startup ( D) Total Startup ( B X C) ( E) Annual O& M Costs ($) for One Affected Facility ( F) Number of Affected Facilities with O& M ( G) Total O& M ( E X F)

CEM 120,000 0 0 4,500 106 $ 477,000 The total capital/ startup costs for this ICR are $ 0, since there are no new source purchasing monitors. This is the total of column D in the above table. These costs are shown in block 14( a), Total annualized capital/ startup costs, on the OMB 83 I form. It should be noted that the numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

The total operation and maintenance ( O& M) costs for this ICR are $ 477,000. This is the total of column G. These costs are shown in block 14( b), Total annual costs ( O& M), on the OMB 83 I form.

The total respondent non labor costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR are estimated to be $ 477,000. This cost is shown on the OMB 83 I form in block 14 ( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. Publication and distribution of the information are part of the AFS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Agency cost during the three years of the ICR is estimated to be $ 31,359 ( see Table 1 in Section 6( e)). This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 36.98. These rates are from the Office of Personnel and Management's ( OPM) " 2001 General Schedule" which excludes locality rates of pay. 10 6( d) Estimating the Respondent Universe and Total Burden and Costs Respondent Universe Regulation Citation ( A) Number of New Sources/ Year ( B) Number of Initial Reports for New Sources ( C) Number of Existing Sources ( D) Number of Reports for Existing Sources ( E) Total Annual Responses ( AxB)+( CxD)

60.7( a) 0 2 106 2 212 60.7( a)( 1)&( a)( 4) 0 1 106 0 0 60.7( a)( 2) 0 1 106 0 0 60.7( a)( 3) 0 1 106 0 0 60.7( a)( 5) 0 1 106 0 0 60.8( a) 0 1 106 0 0 60.8( d) 0 1 106 0 0 Total 212 The number of total respondents is 106. This number is the sum of column A and column C of the Respondent Universe table. This represents the number of existing sources plus the number of new sources averaged over the three year period. It is shown in block 13 ( a), Number of respondents, on the OMB 83 I form.

The number of Total Annual Responses is 212. This is the number in column E of the Respondent Universe table. It is shown in block 13 ( b), Total annual responses, on the OMB 83 I form. The total annual labor costs are $ 1,290,529. This number is not shown on the OMB 83 I form in block 13( c), Total hours requested. Only the burden hours are reflected in block 13( c). Details upon which this estimate is based appear in Table 2. Annual Respondent Burden and Cost.

The total annual capital and O& M costs to the regulated entity are $ 477,000. This number is shown on the OMB 83 I form in block 14 ( c), Total annualized cost requested. These costs are detailed in section 6( b)( iii), Capital/ startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents are attached as Table 1 and 2 respectively. 11 6( f) Reasons for Change in Burden There is no change in burden from the most recently approved ICR since there are no new sources. The burden costs, however, have increased due to a more accurate adjustment benefit packages, and an updating to the most recently available labor costs.

6( g) Burden Statement Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's standards are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to Ms. Susan Auby, Collection Strategies Division ( Mail Code 2822T), Office of Environmental Information, United States Environmental Protection Agency, 1200 Pennsylvania Avenue, N. W., Washington, D. C. 20460 0001; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Officer for EPA. Include the EPA ICR Number and OMB Control Number in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. TABLE 1: AVERAGE ANNUAL EPA RESOURCE REQUIREMENT FOR MONITORING OF SULFURIC ACID PLANTS Activity ( A)

EPA hour/ Occurrences ( B) Occurrences Plant/ year ( C) a EPA hour/

Plant/ year ( D) Plants/

year ( E) b EPA Hr/ yr ( F) c EPA Cost ($)

New Plants Initial Performance Tests d 50 1 50 0 0 $ 0 Repeat Performance Test Observed e 24 0.2 4.8 0 0 $ 0 Report Review:

Notified of Construction 2 1 2 0 0 $ 0 Notified of Anticipated Startup 0.5 1 0.5 0 0 $ 0 Notified of Actual Startup 0.5 1 0.5 0 0 $ 0 Notified of Initial Test 0.5 1.2 0.6 0 0 $ 0 Review Test Results 8 1.2 9.6 0 0 $ 0 Notified of CMS Demonstation 0.5 1 0.5 0 0 $ 0 Existing Plants Excess Emission Reports 4 2 8 106 848 $ 31,359 TOTAL ANNUAL HOURS 848 $ 31,359 a) A x B = C.

b) C x D = E.

c) F = E x $ 36.98[ GS 12, Step 1 @ 23.11 times a 1.6 benefits multiplication factor to account for government overhead expenses].

d) Includes CEM demonstration.

e) Assumes 20 percent of initial performance tests must be repeated due to failure. TABLE 2: ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS AS A RESULT OF THE STANDARDS NSPS SUBPART H SULFURIC ACID PLANTS ( A)

Person/ hours Occurrences ( B) Occurrences/

Plant ( C= AxB) a Person/ hrs Responden t ( D) Number of Respondents ( E= CxD)

Total Annual Person/ hours ( F) b Industry Cost/ year 1. APPLICATIONS  Not Applicable

2. SURVEY & STUDIES  Not Applicable

3. REPORTING REQUIREMENTS A. Read Instructions 1 1 1 0 0 0 B. Required Activities Initial Performance Test c 300 1 300 0 0 0 Reference Method 9 Test 4 1 4 0 0 0 Repeat of Performance 9 Test d 300 0 0 0 0 0 C. Create Information Included in 3B D. Gather Existing Information Included in 3B E. Write Report  Notify of construction/

reconstruction/ modification/ physical or operational change 2 1 2 0 0 0  Notify of anticipated startup 2 1 2 0 0 0  Notify of actual startup 2 1 2 0 0 0  Notify of initial performance test 2 1 2 0 0 0 ( A)

Person/ hours Occurrences ( B) Occurrences/

Plant ( C= AxB) a Person/ hrs Responden t ( D) Number of Respondents ( E= CxD)

Total Annual Person/ hours ( F) b Industry Cost/ year  Notify of demonstration of CMS 2 1 2 0 0 0  Excess Emission Reports 40 2 80 106 8480 $ 469,283 SUBTOTAL: REPORTING BURDEN 8480 $ 469,283 4. RECORDKEEPING REQMTS A. Read Instructions Included in 3A B. Plan Activities Included in 3B C. Implement Activities Included in 3B D. Develop Record System N/ A E. Time to enter information:

Records of Operating Parameters 0.25 350 88 106 9275 $ 513,279 Calculation/ Record of Conversion Factors e 0.05 1050 53 106 5565 $ 307,967 F. Train Personnel N/ A G. Audits N/ A SUBTOTAL: RECORDKEEPING BURDEN 14840 $ 821,246 TOTAL ANNUAL BURDEN TO INDUSTRY: 23320 $ 1,290,529 a) A x B = C.

b) F = E x 55.34 ([ This rate is from the United States Department of Commerce Bureau of Labor Statistics, March 2000, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate has been increased by 110% to account for the benefit packages available to those employed by private industry.

c) Includes CEM demonstration.

d) Assume 20 percent of initial performance tests must be repeated due to failure.

e) Assume conversion factor calculated three times daily: 3 x 350 = 1,050 occurrences/ respondent/ year.


[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80222-80223]
[FR Doc No: 2020-27214]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0052]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from three individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before January 11, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2020-0052 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2020-0052. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2020-0052), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2020-0052. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0052 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The three individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Dylan C. Hill

    Mr. Hill is a 25-year old Commercial Learner's Permit holder in
Kansas. He has a history of epilepsy, and has been seizure free since
2008. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Hill receiving an exemption.

James R. Satterlee

    Mr. Satterlee is a 58-year old Enhanced Chauffer License holder in
Michigan. He has a history of seizures, and has been seizure free since
2001. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2001. His physician states that she is
supportive of Mr. Satterlee receiving an exemption.

Robert G. Schauer, III

    Mr. Schauer is a 36-year old Class C driver license holder in Iowa.
He has a history of seizures, and has been seizure free since August
2012. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2017. His physician states that he is
supportive of Mr. Schauer receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-27214 Filed 12-10-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11112-11115]
[FR Doc No: 2012-4318]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0036; FRL-9636-4]

Proposed Approval of the Central Characterization Project's
Remote-Handled Transuranic Waste Characterization Program at the
Savannah River Site

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability; opening of public comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of, and soliciting public comments for 45 days on, the
proposed approval of the radioactive, remote-handled (RH), transuranic
(TRU) waste characterization program implemented by the Central
Characterization Project (CCP) at the Savannah River Site (SRS) in
Aiken, South Carolina. This waste is intended for disposal at the Waste
Isolation Pilot Plant (WIPP) in New Mexico.
    In accordance with the WIPP Compliance Criteria, EPA evaluated the
characterization of RH TRU debris waste from SRS-CCP during an
inspection on August 30-September 1, 2011, with a follow-up inspection
on December 6-7, 2011, at SRS. Using the systems and processes
developed as part of the U.S. Department of Energy's (DOE's) Carlsbad
Field Office (CBFO) program, EPA verified whether DOE could adequately
characterize RH TRU waste consistent with the Compliance Criteria. The
results of EPA's evaluation of SRS-CCP's RH program and its proposed
approval are described in the Agency's inspection report, which is
available for review in the public dockets listed in ADDRESSES. EPA
will consider public comments received on or before the due date
mentioned in DATES.
    This notice summarizes the waste characterization processes
evaluated by EPA and EPA's proposed approval. As required by the 40 CFR
194.8, at the end of a 45-day comment period EPA will evaluate all
relevant public comments and revise the inspection report as necessary.
If appropriate, the Agency will then issue a final approval letter and
inspection report.

DATES: Comments must be received on or before April 9, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0036, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: To<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2012-0036. The Agency's policy is that all comments received will
be included in the public docket without change and may be made
available online at www.regulations.gov, 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
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, 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 email comment directly to EPA without
going through www.regulations.gov your email 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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at www.regulations.gov. 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.

FOR FURTHER INFORMATION CONTACT: Rajani Joglekar or Ed Feltcorn,
Radiation Protection Division, Center for Waste Management and
Regulation, Mail Code 6608J, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, Washington, DC 20460; telephone number: 202-343-
9601; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in 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. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    DOE is developing the WIPP, near Carlsbad in southeastern New
Mexico,

as a deep geologic repository for disposal of TRU radioactive waste. As
defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub. L. 102-
579), as amended (Pub. L. 104-201), TRU waste consists of materials
that have atomic numbers greater than 92 (with half-lives greater than
twenty years), in concentrations greater than 100 nanocuries of alpha-
emitting TRU isotopes per gram of waste. Much of the existing TRU waste
consists of items contaminated during the production of nuclear
weapons, such as rags, equipment, tools, and sludges.
    TRU waste is itself divided into two categories, based on its level
of radioactivity. Contact-handled (CH) TRU waste accounts for about 97
percent of the volume of TRU waste currently destined for the WIPP. It
is packaged in 55-gallon metal drums or in metal boxes and can be
handled under controlled conditions without any shielding beyond the
container itself. The maximum radiation dose at the surface of a CH TRU
waste container is 200 millirems per hour. CH waste primarily emits
alpha particles that are easily shielded by a sheet of paper or the
outer layer of a person's skin.
    Remote-handled (RH) TRU waste emits more radiation than CH TRU
waste and must therefore be both handled and transported in shielded
casks. Surface radiation levels of unshielded containers of remote-
handled transuranic waste exceed 200 millirems per hour. RH waste
primarily emits gamma radiation, which is very penetrating and requires
concrete, lead or steel to block it.
    On May 13, 1998, EPA issued a final certification of compliance for
the WIPP facility. The final rule was published in the Federal Register
on May 18, 1998 (63 FR 27354). The Agency officially recertified WIPP
on November 18, 2010 (75 FR 70584). Both the certification and
recertification determined that WIPP complies with the Agency's
radioactive waste disposal regulations at 40 CFR part 191, subparts B
and C, and is therefore safe to contain TRU waste.
    The final WIPP certification decision includes conditions that (1)
prohibit shipment of TRU waste for disposal at WIPP from any site other
than Los Alamos National Laboratories (LANL) until EPA determines that
the site has established and executed a quality assurance program, in
accordance with 194.22(a)(2)(i), 194.24(c)(3) and 194.24(c)(5) for
waste characterization activities and assumptions (Condition 2 of
Appendix A to 40 CFR part 194); and (2) (with the exception of
specific, limited waste streams and equipment at LANL) prohibit
shipment of TRU waste for disposal at WIPP (from LANL or any other
site) until EPA has approved the procedures developed to comply with
the waste characterization requirements of 194.22(c)(4) (Condition 3 of
Appendix A to 40 CFR part 194). The Agency's approval process for waste
generator sites is described in 194.8 (revised July 2004).
    Condition 3 of the WIPP Certification Decision requires EPA to
conduct independent inspections at DOE's waste generator/storage sites
of their TRU waste characterization capabilities before approving their
program and the waste for disposal at the WIPP. The Agency's inspection
and approval process gives EPA (a) discretion in establishing technical
priorities, (b) the ability to accommodate variation in the site's
waste characterization capabilities, and (c) flexibility in scheduling
site waste characterization inspections.
    As described in Section 194.8(b), EPA's baseline inspections
evaluate each waste characterization process component (equipment,
procedures and personnel training/experience) for its adequacy and
appropriateness in characterizing TRU waste destined for disposal at
WIPP. During an inspection, the site demonstrates its capabilities to
characterize TRU waste(s) and its ability to comply with the regulatory
limits and tracking requirements under 194.24. A baseline inspection
may describe any limitations on approved waste streams or waste
characterization processes [194.8(b)(2)(iii)]. In addition, a baseline
inspection approval must specify what subsequent waste characterization
program changes or expansion should be reported to EPA [194.8(b)(4)].
The Agency is required to assign a Tier 1 (T1) or Tier 2 (T2)
designation to the reportable changes depending on their potential
impact on data quality. A T1 designation requires that the site notify
EPA of proposed changes to the approved components of an individual
waste characterization process (such as radioassay equipment or
personnel), and that EPA approve the change before it is implemented. A
waste characterization element with a T2 designation allows the site to
implement changes to the approved components of individual waste
characterization processes (such as visual examination procedures) but
requires EPA notification. The Agency may choose to inspect the site to
evaluate technical adequacy before approval. EPA inspections conducted
to evaluate T1 or T2 changes are follow-up inspections under the
authority of 194.24(h). In addition to the follow-up inspections, EPA
may opt to conduct continued compliance inspections at TRU waste sites
with a baseline approval under the authority of 194.24(h).
    The site inspection and approval process outlined in 194.8 requires
EPA to issue a Federal Register notice proposing the baseline
compliance decision, docket the inspection report for public review,
and seek public comment on the proposed decision for a period of 45
days. The report must describe the waste characterization processes EPA
inspected at the site, as well as their compliance with 194.24
requirements.

III. Proposed Baseline Compliance Decision

    EPA has performed a baseline inspection of RH TRU waste
characterization activities at SRS-CCP (EPA Inspection No. EPA-SRS-CCP-
RH-08.11-8). The purpose of EPA's inspection was to verify that the
waste characterization program implemented at SRS-CCP for
characterizing RH TRU, retrievably-stored, debris waste is technically
adequate and meets the regulatory requirements at 40 CFR 194.24.
    The inspection took place from August 30-September 1, 2011, with a
follow-up inspection on December 6-7, 2011, at SRS. The Agency's
inspection team evaluated: The use of acceptable knowledge (AK); dose-
to-curie (DTC) in conjunction with radionuclide-specific scaling
factors derived in part by measurement with the In Situ Object Counting
System (ISOCS) and historical assays of containers from the CH
counterpart waste stream at SRS (SRW027-FB-Pre-86-C); and real-time
radiography (RTR) to confirm the physical form and waste material
parameters (WMP) of waste drums.
    The inspection's scope included one RH TRU waste stream, SR-RH-
FBL.01, consisting of debris waste from the FB-Line at SRS. This waste
was generated by glovebox operations, decontamination, housekeeping,
maintenance and construction activities conducted from 1975 through
1984. EPA proposes to approve the SRS-CCP waste characterization
program implemented to characterize RH debris waste from Waste Stream
SR-RH-FBL.01 that was evaluated during this baseline inspection and is
documented in this report. The proposed approval includes the
following:
    (1) The AK process for RH TRU debris waste streams that have
companion \1\ CH debris waste streams.
---------------------------------------------------------------------------

    \1\ A companion CH waste stream has the same summary category
group, same waste stream definition, and same radiological and
physical properties as the subject RH waste stream. In this case,
the only difference between containers in the companion CH waste
stream and those in the subject RH waste stream is the waste's
external dose rate; i.e., less than or greater than 200 millirem per
hour (mrem/hr), which makes the waste CH or RH, respectively.

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

    (2) The radiological characterization of eight drums in Waste
Stream SR-RH-FBL.01 using the ORTEC/ISOCS prior to the baseline
inspection and historical assays of companion CH debris waste streams
for assigning radionuclide values, according to the limitations
discussed in Section 8.2 of the inspection report.
    (3) The radiological characterization process using DTC and scaling
factors generated through use of the Mobile Characterization Services
(MCS)/ISOCS and historical assays of companion CH debris waste streams
for assigning radionuclide values for RH waste, as documented in CCP-
AK-SRS-581, Revision 1, supported by the calculation packages (or
equivalent documentation), and subject to the limitations discussed in
Section 8.2 of this report.
    (4) The RTR process to identify WMPs and the physical form of RH
TRU debris waste.
    Once this approval is final, SRS-CCP's RH TRU waste
characterization program will be able to characterize RH waste from
Waste Stream SR-RH-FBL.01 in accordance with the conditions and
restrictions discussed in the accompanying inspection report and
summarized in Table 1 below. After EPA finalizes the SRS-CCP RH waste
characterization program approval, additional debris waste stream(s)
having a companion CH waste stream(s) may be disposed of at WIPP
provided that an approved radiological scaling factor development
process is used.
    Further, the MCS/ISOCS use is limited to the generation of specific
radionuclide ratios (scaling factors), i.e., the activity of plutonium
(Pu) isotopes plutonium-239 (239Pu), plutonium-240
(240Pu) and plutonium-241 (241Pu) to americium-
241 (241Am). Its use for direct quantification of any
radionuclides including plutonium-238 is prohibited.
    A Tier 1 change approval is necessary when:
     The radiological scaling factors development process used
for characterizing RH debris waste differs from the process approved;
     An RH TRU debris waste stream characterized for WIPP
disposal does not have a companion CH waste stream;
     An RH TRU non-debris waste stream from a summary category
group solids (S3000) or soils and gravel (S4000) is characterized for
WIPP disposal; and
     Using the ORTEC/ISOCS for RH debris waste characterization
in the future.
    Table 1 below (which is outlined in the inspection report)
identifies the proposed tiering changes based on the baseline
inspection elements.

 Table 1--Tiering of RH TRU Waste Characterization Processes Implemented
                               by SRS-CCP
 [Based on August 20-September 1, 2011, and December 6-7, 2011, Baseline
                               Inspection]
------------------------------------------------------------------------
                                                      SRS-CCP RH waste
  RH waste characterization     SRS-CCP RH waste      characterization
      process elements          characterization     process--T2 changes
                               process--T1 changes            *
------------------------------------------------------------------------
Acceptable Knowledge........  Any new RH S3000 or   Any new RH S5000
                               S4000 waste stream.   waste stream that
                                                     does have a
                                                     companion CH waste
                                                     stream.
                              Any new RH S5000      Notification to EPA:
                               waste stream that
                               does not have a
                               companion CH waste
                               stream.
                              Substantive               Upon
                               modification(s) **       completion of
                               to CCP-AK-SRS-580        revisions to CCP-
                               or CCP-AK-SRS-582        AK-SRS-580, CCP-
                               that have the            AK-SRS-582, CCP-
                               potential to affect      TP-005, or
                               the                      nonconformance
                               characterization         and corrective
                               process (AK2, AK6).      action
                                                        procedures that
                                                        require CBFO
                                                        approval ***
                                                        (AK2, AK5, AK6).
                                                        Upon
                                                        completion of
                                                        revisions to any
                                                        CCP-TP-005
                                                        attachments,
                                                        including when
                                                        Attachment 4 is
                                                        generated to
                                                        reflect the
                                                        updated AKSR
                                                        Source Document
                                                        Reference List
                                                        (AK5, AK11).
                                                        When the
                                                        final or revised
                                                        WSPF, CIS, CRR
                                                        and related
                                                        attachments are
                                                        available and
                                                        upon completion
                                                        of any
                                                        subsequent
                                                        revisions to
                                                        these documents
                                                        (AK10).
                                                        When AK
                                                        accuracy reports
                                                        are completed,
                                                        prepared
                                                        annually at a
                                                        minimum (AK11).
                                                        When Add
                                                        Container
                                                        Memoranda have
                                                        been prepared
                                                        (AK5).
                                                        When
                                                        additional
                                                        discrepancy
                                                        resolution
                                                        reports and
                                                        nonconformance
                                                        reports have
                                                        been prepared
                                                        (AK4).
Radiological                  Use of the MCS/ISOCS  Any new RH waste
 Characterization, including   to provide any        stream
 Dose-to-Curie.                information other     characterized using
                               than the relative     an approved scaling
                               determinations of     factor process for
                               \239\Pu, \240\Pu      isotopic
                               and \241\Pu to        determination.
                               \241\Am (RC2).
                              Future use of the     Notification to EPA
                               ORTEC/ISOCS for any   upon completion of
                               RH TRU waste (RC2).   revisions to CCP-AK-
                                                     SRS-581 or CCP-TP-
                                                     504 that require
                                                     CBFO approval ***
                                                     (RC1, RC5).
                              Application of a new  Notification to EPA
                               scaling factor        when calculation
                               processes for         package(s) CCP-SRS-
                               isotopic              44, or equivalent
                               determination other   record(s), are
                               than those            available.
                               documented in CCP-
                               AK-SRS-581,
                               Revision 1 (applies
                               to new RH waste
                               streams and to the
                               addition of
                               containers to an
                               approved waste
                               stream) (RC1, RC4,
                               RC5).
                              Substantive
                               modification(s) **
                               to CCP-TP-504 or
                               CCP-AK-SRS-581 that
                               have the potential
                               to affect the
                               characterization
                               process (RC4, RC5).

Real-Time Radiography.......  RTR by any new        Notification to EPA
                               process.              upon completion of
                                                     changes to RTR
                                                     procedure(s) that
                                                     require CBFO
                                                     approval ***
                                                     (RTR1).
                                                    Addition of a new
                                                     SCG to any approved
                                                     RTR process (RTR2).
------------------------------------------------------------------------
* SRS-CCP will report all T2 changes to EPA every three months.
** Substantive modification refers to a change with the potential to
  affect SRS-CCP's RH waste characterization process; e.g., the use of
  an inherently different type of measurement instrument or the use of
  probes not described in CCP-TP-504, excluding changes related solely
  to safety or to address administrative concerns.
*** Notification to EPA is not necessary when document updates are
  editorial in nature or are required solely to address administrative
  concerns.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's
inspection of the SRS-CCP Site in the public docket as described in
ADDRESSES. In accordance with 40 CFR 194.8, EPA is providing the public
45 days to comment on these documents. The Agency requests comments on
the proposed approval decision, as described in the inspection report.
EPA will accept public comment on this notice and supplemental
information as described in Section 1 above. The Agency will not make a
determination of compliance before the 45-day comment period ends. At
the end of the public comment period, EPA will evaluate all relevant
public comments and revise the inspection report as necessary. If
appropriate, the Agency will then issue a final approval letter and
inspection report, both of which will be posted on the WIPP Web site.
    Information on the certification decision is filed in the official
EPA Air Docket, Docket No. A-93-02 and is available for review in
Washington, DC, and at the three EPA WIPP informational docket
locations in Albuquerque, Carlsbad, and Santa Fe, New Mexico. The
dockets in New Mexico contain only major items from the official Air
Docket in Washington, DC, plus those documents added to the official
Air Docket since the October 1992 enactment of the WIPP LWA.

Jonathan D. Edwards,
Acting Director, Office of Radiation and Indoor Air.
[FR Doc. 2012-4318 Filed 2-23-12; 8:45 am]
BILLING CODE 6560-50-P