National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List, 41653-41654 [05-14068]

Download as PDF Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Proposed Rules I. Background On January 16, 2003 (68 FR 2217), EPA approved numerous changes to the Idaho Department of Environmental Quality (IDEQ) rules as revisions to the Idaho State implementation plan (SIP). In that rulemaking, EPA did not approve the IDEQ rules for toxic air pollutants or TAP’s and specifically excluded the toxic air pollutant provisions (IDAPA 58.01.01.203.03, 210, 223, 585, and 586) from its incorporation by reference. See 40 CFR 52.670(c)(37); 68 FR at 2224 (January 16, 2003); 67 FR 52666, 52668, 52672–73 (August 13, 2002). However, EPA inadvertently incorporated a cross reference to the toxic air pollutant provisions (Sections 585 and 586) within the IDEQ definition of ‘‘regulated air pollutant’’ (IDAPA 58.01.01.006(84)). It was EPA’s intention to exclude all aspects of the IDEQ toxic air pollutant program from the federally-approved SIP. EPA also received a request from the IDEQ to correct the inadvertent incorporation by reference. In an October 20, 2004 letter to EPA, the Administrator of the IDEQ Air Quality Division requested that EPA clarify or correct its approval of the Idaho SIP. II. This Action A. What Correction Is EPA Proposing? EPA made an error by inadvertently including a cross reference to the toxics provisions within the IDEQ definition of ‘‘regulated air toxic’’. EPA is proposing to correct this error by amending the incorporation by reference of the Idaho SIP to exclude paragraph (f) from the definition of ‘‘regulated air pollutant’’ at IDAPA 58.01.01.006(84). B. What Is the Basis for This Action? Under section 110(k)(6) of the Clean Air Act, whenever EPA determines that its action approving, disapproving, or promulgating any plan or plan revision (or part thereof), area designation, redesignation, classification, or reclassification was in error, EPA may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate without requiring any further submission from the state. Such determination and the basis thereof shall be provided to the state and public. Pursuant to section 110(k)(6), EPA is proposing a revision to the Idaho SIP to correct the inadvertent incorporation by reference of the Idaho toxic air pollutant provisions within the definition of ‘‘regulated air pollutant.’’ VerDate jul<14>2003 14:55 Jul 19, 2005 Jkt 205001 C. What Will Be the Effect of This Correction? If EPA finalizes this correction to the incorporation by reference, then IDEQ’s list of toxic air pollutants will not be considered to be ‘‘regulated air pollutants’’ for purposes of the federally-approved SIP. All of the air pollutants regulated under the federal Clean Air Act will still be ‘‘regulated air pollutants’’ for SIP purposes in accordance with the IDEQ definition. The corrected definition meets or exceeds the requirements of the federal Clean Air Act and EPA’s regulations for State implementation plans. The corrected definition is also consistent with IDEQ’s SIP submittal and EPA’s January 16, 2003 approval action which specifically excluded IDEQ’s toxic air pollutant rules from the EPA-approved SIP. III. Statutory and Executive Order Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this proposed action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This proposed action merely corrects the incorporation by reference of the list of toxic air pollutants used in regulatory provisions that are not part of the EPA-approved SIP and does not impose any additional requirements on state, local or tribal governments or the private sector. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).This PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 41653 action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This proposed action merely corrects the incorporation by reference of the list of State toxic air pollutants as initially requested by the State and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045, ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Dated: July 7, 2005. Julie Hagensen, Acting Regional Administrator, Region 10. [FR Doc. 05–14279 Filed 7–19–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL–7939–6] National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List Environmental Protection Agency. ACTION: Notice of intent to delete the Mallard Bay Landing Bulk Plant Superfund Site from the National Priorities List. AGENCY: E:\FR\FM\20JYP1.SGM 20JYP1 41654 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Proposed Rules SUMMARY: The Environmental Protection Agency (EPA) Region 6 is publishing a notice of intent to delete the Mallard Bay Landing Bulk Plant Superfund Site (Site), located northeast of Grand Chenier in Cameron Parish, Louisiana, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the ‘‘Rules and Regulations’’ section of today’s Federal Register, we are publishing a Direct Final Notice of Deletion of the Mallard Bay Landing Bulk Plant Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the Direct Final Notice of Deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the Direct Final Notice of Deletion, it will not take effect, and as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the Direct Final Notice of Deletion which is located in the Rules section of this Federal Register. DATES: Comments concerning this Site must be received by August 19, 2005. ADDRESSES: Written comments should be addressed to: Beverly Negri, Community Involvement Coordinator, U.S. EPA Region 6 (6SF–LP), 1445 Ross Avenue, Dallas, TX 75202–2733, (214) 665–8157 or 1–800–533–3508 (negri.beverly@epa.gov). FOR FURTHER INFORMATION CONTACT: Michael A. Hebert, Remedial Project Manager (RPM), U.S. EPA Region 6 (6SF–LP), 1445 Ross Avenue, Dallas, TX 75202–2733, (214) 665–8315 or 1–800– 533–3508 (hebert.michael@epa.gov). VerDate jul<14>2003 14:55 Jul 19, 2005 Jkt 205001 For additional information, see the Direct Final Notice of Deletion which is located in the Rules section of this Federal Register. Information Repositories: Comprehensive information about the Site is available for viewing and copying at the Site information repositories located at: U.S. EPA Region 6 Library, 12th Floor, 1445 Ross Avenue, Suite 12D13, Dallas, Texas 75202–2733, (214) 665–6427, Monday through Friday 7:30 a.m. to 4:30 p.m.; Vermilion Parish Library, 605 McMurtry Street, Gueydan, Louisiana 70542–4140, (337) 536–6781, Monday through Friday 10 a.m. to 5 p.m., Saturday 9 a.m. to 12 p.m.; Louisiana Department of Environmental Quality, Public Records Center, 602 North Fifth Street, Baton Rouge, LA 70802, (225) 219–3168, Monday through Friday 8 a.m. to 4:30 p.m. SUPPLEMENTARY INFORMATION: List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 193. Dated: July 8, 2005. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. 05–14068 Filed 7–19–05; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Chapter I [WC Docket No. 05–25, RM–10593; DA 05– 1870] Special Access Rates for Price Cap Local Exchange Carriers; AT&T Corp. Petition for Rulemaking To Reform Regulation of Incumbent Local Exchange Carrier Rates for Interstate Special Access Services Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: By this document, the Wireline Competition Bureau extends the reply comment deadline. Due to the voluminous and complex record received in the initial round of comments, the Bureau agreed with Petitioners filing motions for extensions PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 of time that it may be extremely difficult for parties to review and respond to the comments by the reply comment deadline. In the interest of developing a thorough and complete record in this proceeding, the Bureau grants the Petitioners’ request, and hereby extends the reply comment deadline. This extension should allow parties adequate time to review and respond to the record in this proceeding. DATES: Reply comments are due on or before July 29, 2005. ADDRESSES: You may submit comments, identified by WC Docket No. 05–25, RM–10593 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web Site: http:// www.fcc.gov. Follow the instructions for submitting comments on the Electronic Comment Filing System (ECFS)/ http://www.fcc.gov/cgb/ecfs/. • Hand Delivery/Courier: The Commission’s contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. —The filing hours at this location are 8 a.m. to 7 p.m. —All hand deliveries must be held together with rubber bands or fasteners. —Any envelopes must be disposed of before entering the building. —Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: (202) 418–0530 or TTY: (202) 418–0432. For detailed instructions on submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Pamela Arluk, Wireline Competition Bureau, Pricing Policy Division, (202) 418–1471 or via the Internet at Pamela.arluk@fcc.gov. This is a summary of the Commission’s Order in WC Docket No. 05–25, RM–10593, adopted on June 28, 2005, and released on June 28, 2005. The complete text of SUPPLEMENTARY INFORMATION: E:\FR\FM\20JYP1.SGM 20JYP1

Agencies

[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Proposed Rules]
[Pages 41653-41654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14068]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7939-6]


National Oil and Hazardous Substance Pollution Contingency Plan 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Mallard Bay Landing Bulk Plant 
Superfund Site from the National Priorities List.

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[[Page 41654]]

SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a notice of intent to delete the Mallard Bay Landing Bulk 
Plant Superfund Site (Site), located northeast of Grand Chenier in 
Cameron Parish, Louisiana, from the National Priorities List (NPL). The 
NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is found at Appendix B of 40 CFR part 300 which is 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP). The EPA and the State of Louisiana, through the Louisiana 
Department of Environmental Quality (LDEQ), have determined that all 
appropriate response actions under CERCLA have been completed. However, 
this deletion does not preclude future actions under Superfund.
    In the ``Rules and Regulations'' section of today's Federal 
Register, we are publishing a Direct Final Notice of Deletion of the 
Mallard Bay Landing Bulk Plant Superfund Site without prior notice of 
intent to delete because we view this as a noncontroversial revision 
and anticipate no adverse comment. We have explained our reasons for 
this deletion in the preamble to the direct final deletion. If we 
receive no adverse comment(s) on this notice of intent to delete or the 
Direct Final Notice of Deletion, we will not take further action on 
this notice of intent to delete. If we receive adverse comment(s), we 
will withdraw the Direct Final Notice of Deletion, it will not take 
effect, and as appropriate, address all public comments in a subsequent 
final deletion notice based on this notice of intent to delete. We will 
not institute a second comment period on this notice of intent to 
delete. Any parties interested in commenting must do so at this time. 
For additional information, see the Direct Final Notice of Deletion 
which is located in the Rules section of this Federal Register.

DATES: Comments concerning this Site must be received by August 19, 
2005.

ADDRESSES: Written comments should be addressed to: Beverly Negri, 
Community Involvement Coordinator, U.S. EPA Region 6 (6SF-LP), 1445 
Ross Avenue, Dallas, TX 75202-2733, (214) 665-8157 or 1-800-533-3508 
(negri.beverly@epa.gov).

FOR FURTHER INFORMATION CONTACT: Michael A. Hebert, Remedial Project 
Manager (RPM), U.S. EPA Region 6 (6SF-LP), 1445 Ross Avenue, Dallas, TX 
75202-2733, (214) 665-8315 or 1-800-533-3508 (hebert.michael@epa.gov).

SUPPLEMENTARY INFORMATION: For additional information, see the Direct 
Final Notice of Deletion which is located in the Rules section of this 
Federal Register.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. EPA Region 6 Library, 12th Floor, 1445 
Ross Avenue, Suite 12D13, Dallas, Texas 75202-2733, (214) 665-6427, 
Monday through Friday 7:30 a.m. to 4:30 p.m.; Vermilion Parish Library, 
605 McMurtry Street, Gueydan, Louisiana 70542-4140, (337) 536-6781, 
Monday through Friday 10 a.m. to 5 p.m., Saturday 9 a.m. to 12 p.m.; 
Louisiana Department of Environmental Quality, Public Records Center, 
602 North Fifth Street, Baton Rouge, LA 70802, (225) 219-3168, Monday 
through Friday 8 a.m. to 4:30 p.m.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: July 8, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-14068 Filed 7-19-05; 8:45 am]
BILLING CODE 6560-50-P