Designation of Areas for Air Quality Planning Purposes, 6208-6209 [06-55505]
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6208
Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Rules and Regulations
Drawbridge, at mile 0.9, across the
South Channel of the Shark River at
Belmar, New Jersey, south of Avon. To
facilitate electrical repairs, this
deviation allows the drawbridge to
remain closed-to-navigation from 11
p.m. on February 10, 2006, until 12 p.m.
(noon) on February 11, 2006, and from
11 p.m. on February 24, 2006, until 12
p.m. (noon) on February 25, 2006. If
required, a rain date has been set from
11 p.m. on March 10, 2006, until 12
p.m. (noon) on March 11, 2006.
This deviation is effective from
11 p.m. on February 10, 2006, to 12 p.m.
(noon) on March 11, 2006.
DATES:
Materials referred to in this
document are available for inspection or
copying at Commander (obr), Fifth Coast
Guard District, Federal Building, 1st
Floor, 431 Crawford Street, Portsmouth,
VA 23704–5004 between 8 a.m. and 4
p.m., Monday through Friday, except
Federal holidays. The telephone number
is (757) 398–6587. Commander (obr),
Fifth Coast Guard District maintains the
public docket for this temporary
deviation.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Terrance Knowles, Environmental
Protection Specialist, Fifth Coast Guard
District, at (757) 398–6587.
The New
Jersey Transit Railroad Bridge (at mile
0.9) across the South Channel of Shark
River, a lift-type drawbridge, has a
vertical clearance in the closed position
to vessels of 10 feet, at mean high water.
The bridge owner, New Jersey Transit
Rail Operations, has requested a
temporary deviation from the current
operating regulation set out in 33 CFR
117.751, to effect electrical repairs on
the draw span.
To facilitate the repairs, the
drawbridge will be closed to navigation
from 11 p.m. on February 10, 2006, until
12 p.m. (noon) on February 11, 2006,
and from 11 p.m. on February 24, 2006,
until 12 p.m. (noon) on February 25,
2006. If required, a rain date has been
set from 11 p.m. on March 10, 2006,
until 12 p.m. (noon) on March 11, 2006.
During these periods, the repairs require
immobilizing the operation of the lift
span in the closed-to-navigation
position. At all other times, the
drawbridge will operate in accordance
with the current operating regulations
outlined in 33 CFR 117.751.
The Coast Guard has informed the
known users of the waterway so that
they can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
SUPPLEMENTARY INFORMATION:
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: January 25, 2006.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 06–1086 Filed 2–6–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
Designation of Areas for Air Quality
Planning Purposes
CFR Correction
In Title 40 of the Code of Federal
Regulations, parts 81 to 85, revised as of
July 1, 2005, in § 81.339, on page 343,
in the table ‘‘Pennsylvania—TSP’’,
under ‘‘V. Southwest Pennsylvania
Intrastate AQCR’’, revise the entry for
‘‘Allegheny County Air Basin’’ to read
as follows:
§ 81.339
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Pennsylvania.
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Pennsylvania—TSP
Does not
meet primary
standards
dsatterwhite on PROD1PC65 with RULES
Designated area
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(B) Allegheny County Air Basin:
(1) A three mile wide strip which is within a perpendicular distance two miles north and east and one mile south and west
of the river center line with terminus points as follows:
(a) The Beaver County line to the I–79 Bridge on the
Ohio River .................................................................
(b) I–79 to the McKees Rocks Bridge on the Ohio
River ..........................................................................
(c) McKees Rocks Bridge to the Birmingham Bridge
on the Ohio and Monongahela Rivers ......................
(d) Birmingham Bridge to the Glenwood Bridge on the
Monongahela River ...................................................
(e) Glenwood Bridge to the Mansfield Bridge
(Dravosburg) on the Monongahela River .................
(f) Mansfield Bridge to the Westmoreland County line
on the Monongahela River ........................................
(2) The area within a half-mile radius of the Greater Pittsburgh
Airport monitor .........................................................................
(3) The one mile wide strip centered on Turtle Creek running
from area (V)(B)(1)(e) above to the Westmoreland County
line ...........................................................................................
(4) The Area #9 within Allegheny County within a radius of 2
miles of the Springdale Monitor ..............................................
(5) The remaining portions of the Allegheny County Air Basin ..
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Better than
national
standards
Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Rules and Regulations
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[FR Doc. 06–55505 Filed 2–6–06; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 268
[FRL–8027–6; EPA–HQ–RCRA–2005–0015]
Site-Specific Variance From the Land
Disposal Restrictions Treatment
Standard for 1,3-Phenylenediamine
(1,3-PDA)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
dsatterwhite on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action to revise the waste treatment
standard for 1,3-phenylenediamine (1,3PDA) for a biosludge generated at
DuPont’s Chambers Works facility in
Deepwater, New Jersey. This variance is
necessary because the facility is unable
to measure compliance with the 1,3PDA land disposal restrictions treatment
standard in its multisource leachate
treatment biosludge matrix. As a
practical matter, therefore, the facility
cannot fully document compliance with
the requirements of the treatment
standard. For the same reason, EPA
cannot ascertain compliance for this
constituent. Furthermore, faced with the
inability to demonstrate treatment
residual content through analytical
testing for this constituent, this facility
faces potential curtailment of 1,3-PDA
production operations. This site-specific
variance will provide alternative
technology treatment standards for 1,3PDA in multisource leachate that do not
require analysis of the biosludge matrix
to determine whether the numerical
treatment standard is being met, thus
ensuring that treatment reflecting
performance of the Best Demonstrated
Available Technology occurs and that
threats to human health and the
environment from land disposal of the
waste are minimized.
DATES: This final rule is effective April
10, 2006, unless the Agency receives
adverse comment by March 9, 2006. If
adverse comment is received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–RCRA–2005–0015. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
VerDate Aug<31>2005
16:29 Feb 06, 2006
Jkt 208001
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the RCRA Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the RCRA docket is (202) 566–0270.
FOR FURTHER INFORMATION CONTACT: For
more information on this rulemaking,
contact Rhonda Minnick, Hazardous
Waste Minimization and Management
Division, Office of Solid Waste (MC
5302 W), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone (703)
308–8771; fax (703) 308–8433; or
minnick.rhonda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is publishing this rule without
prior proposal because we view the sitespecific treatment standard as
noncontroversial. We anticipate no
adverse comments because it is sitespecific and the alternative treatment
standard that it establishes is based on
performance of the Best Demonstrated
Available Technology (BDAT) that
ensures treatment of constituents with
similar structure and physical form. We
believe that this treatment will
minimize threats to human health and
the environment posed by land disposal
of the waste. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register publication, we are publishing
a separate document that will serve as
the proposal to grant this site-specific
treatment variance, if adverse comments
are filed. This direct final rule will be
effective on April 10, 2006 without
further notice unless we receive adverse
comment by March 9, 2006. If EPA
receives adverse comment on this sitespecific treatment variance, we will
publish a timely withdrawal in the
Federal Register indicating which
aspects of the variance will become
effective and which are being
withdrawn due to adverse comment.
Any of the provisions in today’s direct
final rulemaking for which we do not
receive adverse comment will become
effective on the date set above. We will
address all public comments in a
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6209
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
on this site-specific variance must do so
at this time.
A. What Is the Basis for LDR Treatment
Variances?
Under section 3004(m) of the
Resource Conservation and Recovery
Act (RCRA), EPA is required to set
‘‘levels or methods of treatment, if any,
which substantially diminish the
toxicity of the waste or substantially
reduce the likelihood of migration of
hazardous constituents from the waste
so that short-term and long-term threats
to human health and the environment
are minimized.’’ We interpret this
language to authorize treatment
standards based on the performance of
the Best Demonstrated Available
Technology (BDAT). This interpretation
was upheld by the D.C. Circuit in
Hazardous Waste Treatment Council v.
EPA, 886 F.2d 355 (D.C. Cir. 1989).
We recognize that there may be
wastes that cannot be treated to levels
specified in the regulations (see 40 CFR
268.40) because an individual waste
matrix or concentration can be
substantially more difficult to treat than
those wastes we evaluated in
establishing the treatment standard (51
FR 40576, November 7, 1986). For such
wastes, EPA has a process by which a
generator or treater may seek a treatment
variance (see 40 CFR 268.44). If granted,
the terms of the variance establish an
alternative treatment standard for the
particular waste at issue.
B. What Is the Basis of the Current 1,3PDA Treatment Standard?
The treatment standard for 1,3-PDA
was promulgated in the Dyes and
Pigments (K181) hazardous waste listing
on February 24, 2005 (70 FR 9138) and
it became effective on August 23, 2005.
The 1,3-PDA treatment standard was
placed in the Table of Treatment
Standards (see 40 CFR 268.40) under
‘‘K181’’ (the waste code for the Dyes and
Pigments listing) and under ‘‘F039’’ (the
waste code for multisource leachate). It
is the F039 treatment standard for 1,3PDA that is addressed in this sitespecific variance. We also added this
constituent to the Universal Treatment
Standard Table (see 40 CFR 268.48),
which means that when 1,3-PDA is
reasonably expected to be present in a
characteristic waste at point of
generation it must be considered an
underlying hazardous constituent
requiring treatment.
In the final rule, we set a numerical
nonwastewater treatment standard of
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]]>Agencies
[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Rules and Regulations]
[Pages 6208-6209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-55505]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
Designation of Areas for Air Quality Planning Purposes
CFR Correction
In Title 40 of the Code of Federal Regulations, parts 81 to 85,
revised as of July 1, 2005, in Sec. 81.339, on page 343, in the table
``Pennsylvania--TSP'', under ``V. Southwest Pennsylvania Intrastate
AQCR'', revise the entry for ``Allegheny County Air Basin'' to read as
follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--TSP
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Does not
Does not meet Cannot be Better than
Designated area meet primary secondary classified national
standards standards standards
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(B) Allegheny County Air Basin:
(1) A three mile wide strip which is within a
perpendicular distance two miles north and east
and one mile south and west of the river center
line with terminus points as follows:
(a) The Beaver County line to the I-79 ............ ............ ............ X
Bridge on the Ohio River...................
(b) I-79 to the McKees Rocks Bridge on the ............ ............ ............ X
Ohio River.................................
(c) McKees Rocks Bridge to the Birmingham ............ X ............ ............
Bridge on the Ohio and Monongahela Rivers..
(d) Birmingham Bridge to the Glenwood Bridge X ............ ............ ............
on the Monongahela River...................
(e) Glenwood Bridge to the Mansfield Bridge X ............ ............ ............
(Dravosburg) on the Monongahela River......
(f) Mansfield Bridge to the Westmoreland X ............ ............ ............
County line on the Monongahela River.......
(2) The area within a half-mile radius of the ............ X ............ ............
Greater Pittsburgh Airport monitor.............
(3) The one mile wide strip centered on Turtle X ............ ............ ............
Creek running from area (V)(B)(1)(e) above to
the Westmoreland County line...................
(4) The Area 9 within Allegheny County ............ ............ ............ X
within a radius of 2 miles of the Springdale
Monitor........................................
(5) The remaining portions of the Allegheny ............ ............ ............ X
County Air Basin...............................
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[[Page 6209]]
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[FR Doc. 06-55505 Filed 2-6-06; 8:45 am]
BILLING CODE 1505-01-D
