National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List, 43106-43107 [05-14609]

Download as PDF 43106 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Proposed Rules approved municipal solid waste landfill (MSWLF) permit program. The modification allows the State to issue research, development and demonstration (RD&D) permits to owners and operators of MSWLF units in accordance with its state law. DATES: All Comments on Indiana’s application for approval of its research, development and demonstration permit modification must be received by U.S. EPA Region 5 by the close of business on August 25, 2005. ADDRESSES: Written comments should be sent to Susan Mooney, Waste Management Branch (Mail code: DW– 8J), U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604, telephone: 312/886–3585. Comments may also be submitted electronically to: mooney.susan@epa.gov or by facsimile at (312) 353–4788. You may examine copies of the relevant portions of Indiana’s regulations during normal business hours at EPA Region 5. FOR FURTHER INFORMATION CONTACT: Susan Mooney, Waste Management Branch (Mail code: DW–8J), U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604, telephone: 312/886– 3585, email: mooney.susan@epa.gov. SUPPLEMENTARY INFORMATION: A. Background On March 22, 2004, EPA issued a final rule amending the municipal solid waste landfill criteria in 40 CFR part 258 to allow for research, development and demonstration (RD&D) permits. (69 FR 13242). This rule allows for variances from specified criteria for a limited period of time, to be implemented through state-issued RD&D permits. RD&D permits are only available in states with approved MSWLF permit programs which have been modified to incorporate RD&D permit authority. While States are not required to seek approval for this new provision, those States that are interested in providing RD&D permits to owners and operators of MSWLFs must seek approval from EPA before issuing such permits. Approval procedures for new provisions of 40 CFR Part 258 are outlined in 40 CFR 239.12. Indiana’s MSWLF permit program was approved on October 8, 1996 (61 FR 52791). On May 11, 2005, Indiana applied for approval of its RD&D permit provisions. Indiana submitted its rules under 329 IAC 10–11–6.5 for review. B. Decision After a thorough review, EPA Region 5 is proposing that Indiana’s RD&D permit provisions as defined under Indiana rule 329 IAC 10–11–6.5 are VerDate jul<14>2003 23:06 Jul 25, 2005 Jkt 205001 adequate to ensure compliance with the Federal criteria as defined at 40 CFR 258.4. C. Statutory and Executive Order Reviews This action proposes to approve state solid waste requirements pursuant to RCRA Section 4005 and imposes no federal requirements. Therefore, this proposed rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866: Regulatory Planning Review—The Office of Management and Budget has exempted this proposed action from its review under Executive Order (EO) 12866; 2. Paperwork Reduction Act—This proposed action does not impose an information collection burden under the Paperwork Reduction Act; 3. Regulatory Flexibility Act—After considering the economic impacts of today’s proposed action on small entities under the Regulatory Flexibility Act, I certify that this proposed action would not have a significant economic impact on a substantial number of small entities; 4. Unfunded Mandates Reform Act— Because this action proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, this action does not contain any unfunded mandate, or significantly or uniquely affect small governments, as described in the Unfunded Mandates Act; 5. Executive Order 13132: Federalism—EO 13132 does not apply to this proposed action because this proposed action will not have federalism implications (i.e., there are no substantial direct effects on states, on the relationship between the national government and states, or on the distribution of power and responsibilities between federal and state governments); 6. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments—EO 13175 does not apply to this proposed action because it will not have tribal implications (i.e., there are no substantial direct effects 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). 7. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks—This proposed action is not subject to EO 13045 because it is not economically significant and is not based on health or safety risks; 8. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use—This proposed PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 action is not subject to EO 13211 because it is not a significant regulatory action as defined in EO 12866; 9. National Technology Transfer Advancement Act—This provision directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. This proposed action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. List of Subjects 40 CFR Part 239 Environmental protection, Administrative practice and procedure, Intergovernmental relations, Waste treatment and disposal. 40 CFR Part 258 Reporting and recordkeeping requirements, Waste treatment disposal, Water pollution control. Authority: This action is issued under the authority of section 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945 and 6949(a). Dated: July 7, 2005. Norman Niedergang, Acting Regional Administrator, U.S. EPA, Region 5. [FR Doc. 05–14734 Filed 7–25–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL–7943–4] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Environmental Protection Agency (EPA). ACTION: Notice of intent to delete the Red Oak City Landfill Superfund site (site) from the National Priorities List (NPL). AGENCY: SUMMARY: The EPA, Region VII, is issuing a notice of intent to delete the Red Oak City Landfill Superfund site (site) located near Red Oak, Iowa, from the NPL and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental E:\FR\FM\26JYP1.SGM 26JYP1 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Proposed Rules Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found in appendix B of 40 CFR part 300 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the state of Iowa through the Iowa Department of Natural Resources (IDNR) 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 Red Oak City Landfill 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 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 and it will not take effect. We will, 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 action. 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 25, 2005. ADDRESSES: Written comments should be addressed to Bob Stewart, Remedial Project Manager, Superfund Division, U.S. Environmental Protection Agency, Region VII, 901 North 5th Street, Kansas City, KS 66101. FOR FURTHER INFORMATION CONTACT: Bob Stewart, Remedial Project Manager, U.S. EPA, Region VII, Superfund Division, Iowa/Nebraska Remedial Branch, 901 North 5th Street, Kansas City, KS 66101, fax (913) 551–9654, or 1–800–223–0425. 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: Information concerning this deletion decision can be found in the Deletion Docket at the information repositories at the following locations: U.S. EPA, Region VII, Superfund Division Records Center, 901 North 5th Street, Kansas City, KS 66101 and at the IDNR, Henry A. Wallace VerDate jul<14>2003 23:06 Jul 25, 2005 Jkt 205001 Building, 900 East Grand, Des Moines, IA 50319. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, 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 5, 2005. James B. Gulliford, Regional Administrator, Region VII. [FR Doc. 05–14609 Filed 7–25–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION 48 CFR Parts 2, 5, 7, 14, 37, and 52 [FAR Case 2004–021] RIN 9000–AK25 Federal Acquisition Regulation; OMB Circular A–76 AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to provide language that is consistent with OMB Circular A–76 (Revised), Performance of Commercial Activities, dated May 29, 2003. DATES: Interested parties should submit comments in writing on or before September 26, 2005 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2004–021 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Agency Web Site: http:// www.acqnet.gov/far/ProposedRules/ proposed.htm. Click on the FAR case number to submit comments. Frm 00030 Fmt 4702 Sfmt 4702 • E-mail: farcase.2004–021@gsa.gov. Include FAR case 2004–021 in the subject line of the message. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FAR case 2004–021 in all correspondence related to this case. All comments received will be posted without change to http:// www.acqnet.gov/far/ProposedRules/ proposed.htm, including any personal information provided. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. For clarification of content, contact Mr. Gerald Zaffos, Procurement Analyst, at (202) 208– 6091. Please cite FAR case 2004–021. SUPPLEMENTARY INFORMATION: A. Background NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PO 00000 43107 OMB Circular A–76 (Revised), Performance of Commercial Activities, was issued in May 2003. The language at FAR Subpart 7.3, and elsewhere, reflects the policies contained in the previous version of the Circular and in Office of Federal Procurement Policy (OFPP) Policy Letter 92–1, Inherently Governmental Functions, which was superseded by the revised Circular. To implement the policies of the revised Circular, the Councils propose to delete the language at FAR Subpart 7.3 and replace it with clear and concise information that does not duplicate the Circular. Accordingly, the following changes are proposed: • Delete the reference to a list of commercial activities contained in an attachment to the previous Circular A– 76 in the definition of inherently governmental functions at FAR 2.101. • Revise FAR 5.205(e) to reflect the procedure contracting officers must follow when issuing public announcements of public-private competitions through the Government Point of Entry. • Replace the reference to OFPP Policy Letter 91–2 in FAR 7.105(b)(9) with a reference to Subpart 7.5. • Delete the title and contents of FAR 7.300 and reserve the section for future use. • Rename FAR 7.301 as Definitions, and state that the terms used in the subpart are defined by the Circular. • Rename FAR 7.302 and concisely set forth the general policy purposes of the Circular. Consistent with section 326 of the Ronald W. Reagan National E:\FR\FM\26JYP1.SGM 26JYP1

Agencies

[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Proposed Rules]
[Pages 43106-43107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14609]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7943-4]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Red Oak City Landfill Superfund 
site (site) from the National Priorities List (NPL).

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SUMMARY: The EPA, Region VII, is issuing a notice of intent to delete 
the Red Oak City Landfill Superfund site (site) located near Red Oak, 
Iowa, from the NPL and requests public comments on this notice of 
intent. The NPL, promulgated pursuant to section 105 of the 
Comprehensive Environmental

[[Page 43107]]

Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is found in appendix B of 40 CFR part 300 of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the 
state of Iowa through the Iowa Department of Natural Resources (IDNR) 
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 
Red Oak City Landfill 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 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 and it will not take effect. We will, 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 action. 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 25, 
2005.

ADDRESSES: Written comments should be addressed to Bob Stewart, 
Remedial Project Manager, Superfund Division, U.S. Environmental 
Protection Agency, Region VII, 901 North 5th Street, Kansas City, KS 
66101.

FOR FURTHER INFORMATION CONTACT: Bob Stewart, Remedial Project Manager, 
U.S. EPA, Region VII, Superfund Division, Iowa/Nebraska Remedial 
Branch, 901 North 5th Street, Kansas City, KS 66101, fax (913) 551-
9654, or 1-800-223-0425.

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: Information concerning this deletion 
decision can be found in the Deletion Docket at the information 
repositories at the following locations: U.S. EPA, Region VII, 
Superfund Division Records Center, 901 North 5th Street, Kansas City, 
KS 66101 and at the IDNR, Henry A. Wallace Building, 900 East Grand, 
Des Moines, IA 50319.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, 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 5, 2005.
James B. Gulliford,
Regional Administrator, Region VII.
[FR Doc. 05-14609 Filed 7-25-05; 8:45 am]
BILLING CODE 6560-50-P