National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List, 53179-53180 [E8-21306]
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Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules
If we receive no adverse comment, we
will not take further action on this
proposal rule. If we receive adverse
comment, we will withdraw the direct
final rule and it will not take effect. We
will address all public comments in a
subsequent final rule based on this
proposed rule.
We will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For the various
statutes and executive orders that
require findings for rulemaking, EPA
incorporates the findings from the direct
final rulemaking into this companion
notice for the purpose of providing
public notice and opportunity for
comment. For further information,
please see the information provided in
the ADDRESSES section of this document.
List of Subjects in 40 CFR Part 131
Environmental protection,
Antidegradation, Water quality
standards.
Dated: September 9, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8–21463 Filed 9–12–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0011; FRL–8715–2]
National Oil and Hazardous
Substances Pollution Contingency
Plan National Priorities List
Environmental Protection
Agency.
ACTION: Notice of Intent to Delete the
Berks Landfill Superfund Site from the
National Priorities List.
erowe on PROD1PC64 with PROPOSALS-1
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) Region III is issuing a
Notice of Intent to Delete the Berks
Landfill Superfund Site (Site) located in
Spring Township, Berks County,
Pennsylvania, from the National
Priorities List (NPL) and requests public
comments on this proposed action. 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 Commonwealth
of Pennsylvania, through the
Pennsylvania Department of
Environmental Protection (PADEP),
VerDate Aug<31>2005
15:30 Sep 12, 2008
Jkt 214001
have determined that all appropriate
response actions under CERCLA, other
than operation, maintenance, and fiveyear reviews, have been completed.
However, this deletion does not
preclude future actions under CERCLA.
DATES: Comments must be received by
October 15, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1989–0011, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• E-mail: matzko.kristine@epa.gov.
• Fax: 215–814–3002, Attn: Kristine
Matzko (3HS21).
• Mail: EPA Region III, Attn: Kristine
Matzko (3HS21), 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
• Hand delivery: EPA Region III, Attn:
Kristine Matzko (3HS21), 1650 Arch
Street, Philadelphia, Pennsylvania
19103. Such deliveries are only
accepted during business hours, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–1989–
0011. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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.
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53179
Docket: All documents in the docket
are listed in the https://
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 statue. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
Regional Center for Environmental
Information, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103, 215–814–5254. Business hours
are Monday through Friday 8 a.m. to 5
p.m.
Township of Spring Municipal Office,
2800 Shillington Road, Reading,
Pennsylvania 19608, 610–678–5393.
Business hours are Monday through
Friday 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Kristine Matzko, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region III, (3HS21) 1650 Arch
Street, Philadelphia, Pennsylvania
19103, 215–814–5719, e-mail
matzko.kristine@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ Section of
today’s Federal Register, we are
publishing a direct final Notice of
Deletion of the Berks 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 Notice of Deletion, and those
reasons are incorporated herein. If we
receive no adverse comment(s) on this
deletion action, 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 Notice
of Deletion 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.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
E:\FR\FM\15SEP1.SGM
15SEP1
53180
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules
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: September 5, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8–21306 Filed 9–12–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 419
RIN 1006–AA48
Operation of the Truckee River and
Other Reservoirs
Bureau of Reclamation,
Interior.
ACTION: Notice of proposed rulemaking.
erowe on PROD1PC64 with PROPOSALS-1
AGENCY:
SUMMARY: The Bureau of Reclamation is
proposing this rule to comply with the
requirements of the Truckee-CarsonPyramid Lake Water Rights Settlement
Act. The Settlement Act requires that
the operating agreement negotiated with
the States of California and Nevada for
the operation of Truckee River
Reservoirs (the five Federal reservoirs in
the Truckee River basin) be promulgated
as a Federal Regulation.
DATES: Comments must be received by
Reclamation no later than November 14,
2008.
ADDRESSES: You may submit comments,
identified by 1006–AA48, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Search on docket identification number
BOR–2008–0006 when submitting
comments on this rule.
• Mail: Kenneth Parr, Bureau of
Reclamation, 705 N. Plaza St., Carson
City, NV 89701.
FOR FURTHER INFORMATION CONTACT:
Kenneth Parr, Bureau of Reclamation,
705 N. Plaza St., Carson City, NV 89701;
telephone (775) 882–3436; or for a copy
of the TROA, visit the TROA Web site
at https://www.usbr.gov/mp/troa/.
SUPPLEMENTARY INFORMATION: Section
205(a)(2) of the Truckee-Carson-Pyramid
Lake Water Rights Settlement Act, title
II of Public Law 101–618, November 16,
1990 (Settlement Act or Act), directs the
Secretary of the Interior (Secretary) to
negotiate an operating agreement that
must:
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15:30 Sep 12, 2008
Jkt 214001
• Satisfy all applicable dam safety
and flood control requirements;
• Provide for the enhancement of
spawning flows available in the Lower
Truckee River for the Pyramid Lake
fishery (endangered cui-ui, and
threatened Lahontan cutthroat trout) in
a manner consistent with the Secretary’s
responsibilities under the Endangered
Species Act, as amended (ESA);
• Carry out the terms, conditions, and
contingencies of the Preliminary
Settlement Agreement between the
Pyramid Lake Paiute Tribe (Pyramid
Tribe) and Sierra Pacific Power
Company (Power Company), as
modified by the Ratification Agreement
of the United States (PSA);
• Ensure that water is stored in and
released from Truckee River Reservoirs
to satisfy the exercise of water rights in
conformance with the Orr Ditch and
Truckee River General Electric decrees,
except for any rights voluntarily
relinquished by the parties to the
operating agreement; and
• Minimize the Secretary’s costs
associated with operation and
maintenance of Stampede Reservoir.
The Act further provides that the
following may be addressed in the
operating agreement:
• Administration of the operating
agreement;
• Means of assuring compliance with
PSA;
• Operations of Truckee River system
that will not change;
• Operations and procedures for
using Federal facilities to meet the
Secretary’s responsibilities under ESA;
• Methods of reducing likehood that
Lake Tahoe will drop below its natural
rim and improving the efficient use of
Lake Tahoe during extreme drought
situations;
• Procedures for managing and
operating Federal reservoirs;
• Procedures for operating Federal
reservoirs for instream beneficial uses;
• Operation of non-Federal reservoirs
in the Truckee River basin to the extent
owners of affected storage rights become
parties to the operating agreement; and
• Procedures and criteria for
implementing California’s allocation of
Truckee River water.
The Truckee River Operating
Agreement (TROA) will, among other
things: (1) Enhance conditions for
threatened and endangered fishes in the
Truckee River and its tributaries; (2)
increase municipal and industrial (M&I)
water supplies to provide drought
protection for the Truckee Meadows
(the Cities of Reno and Sparks, Nevada,
metropolitan area); (3) improve river
water quality downstream from the City
of Sparks and below Derby Dam; (4)
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enhance stream flows and recreational
opportunities in the Truckee River
basin; and (5) provide procedures for
implementing the interstate allocation
of Lake Tahoe basin and Truckee River
basin waters between Nevada and
California. While the Settlement Act
also confirms the allocation of the
waters of the Carson River and its
tributaries between California and
Nevada represented by the Alpine
Decree, TROA by its terms does not
affect the Carson River.
Section 205(a)(9) of the Settlement
Act requires the Secretary to satisfy the
requirements of the National
Environmental Policy Act. Because the
State of California is a mandatory
signatory party, it is also necessary to
comply with the California
Environmental Quality Act.
Consequently, the Department of the
Interior and the California Department
of Water Resources jointly prepared an
Environmental Impact Statement/
Environmental Impact Report (EIS/EIR).
The Final EIS/EIR concludes that TROA
will:
• Provide better conditions for
threatened Lahontan cutthroat trout and
endangered cui-ui in many reaches of
the Truckee River and its tributaries;
• Provide greater potential for
enhancing riparian vegetation along
some reaches of the Truckee River in
median hydrologic conditions and along
all mainstem and tributary reaches
under dry and extremely dry hydrologic
conditions; and
• Enhance riparian habitat along
some mainstem and tributary reaches
under wet and median hydrologic
conditions and along most mainstem
reaches in dry and extremely dry
hydrologic conditions.
Section 205(a)(9) also provides that
the Secretary may not become a party to
TROA if the Secretary determines that
the effects of TROA, together with
cumulative effects, are likely to
jeopardize any threatened or
endangered species or be adverse to
designated critical habitat of such
species. The Final EIS/EIR concludes
that implementation of TROA will not
adversely affect LCT or cui-ui, but in
fact is likely to benefit both species. The
U.S. Fish and Wildlife Service has
concurred in that determination through
the consultation process required by
Section 7 of the Endangered Species Act
of the 1973, as amended, 16 U.S.C. Sec.
1531 at et seq.
Since TROA is the result of
negotiations and agreement among at
least the five mandatory signatory
parties and must be promulgated as a
Federal regulation, the regulation we are
proposing today would incorporate by
E:\FR\FM\15SEP1.SGM
15SEP1
Agencies
[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Proposed Rules]
[Pages 53179-53180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21306]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1989-0011; FRL-8715-2]
National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the Berks Landfill Superfund Site
from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region III is
issuing a Notice of Intent to Delete the Berks Landfill Superfund Site
(Site) located in Spring Township, Berks County, Pennsylvania, from the
National Priorities List (NPL) and requests public comments on this
proposed action. 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 Commonwealth of Pennsylvania,
through the Pennsylvania Department of Environmental Protection
(PADEP), have determined that all appropriate response actions under
CERCLA, other than operation, maintenance, and five-year reviews, have
been completed. However, this deletion does not preclude future actions
under CERCLA.
DATES: Comments must be received by October 15, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1989-0011, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: matzko.kristine@epa.gov.
Fax: 215-814-3002, Attn: Kristine Matzko (3HS21).
Mail: EPA Region III, Attn: Kristine Matzko (3HS21), 1650
Arch Street, Philadelphia, Pennsylvania 19103.
Hand delivery: EPA Region III, Attn: Kristine Matzko
(3HS21), 1650 Arch Street, Philadelphia, Pennsylvania 19103. Such
deliveries are only accepted during business hours, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1989-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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.
Docket: All documents in the docket are listed in the https://
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 statue. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at:
Regional Center for Environmental Information, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103, 215-814-5254. Business hours are Monday through
Friday 8 a.m. to 5 p.m.
Township of Spring Municipal Office, 2800 Shillington Road,
Reading, Pennsylvania 19608, 610-678-5393. Business hours are Monday
through Friday 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Kristine Matzko, Remedial Project
Manager, U.S. Environmental Protection Agency, Region III, (3HS21) 1650
Arch Street, Philadelphia, Pennsylvania 19103, 215-814-5719, e-mail
matzko.kristine@epa.gov.
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of
today's Federal Register, we are publishing a direct final Notice of
Deletion of the Berks 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 Notice of Deletion,
and those reasons are incorporated herein. If we receive no adverse
comment(s) on this deletion action, 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 Notice of Deletion 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.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties,
[[Page 53180]]
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: September 5, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-21306 Filed 9-12-08; 8:45 am]
BILLING CODE 6560-50-P