National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List, 36994-36995 [E9-17564]

Download as PDF 36994 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules Citation Subject 63.10(a),(b)(1), ................................................... (b)(2)(i)–(iii), (b)(2)(vi)–(xiv), (c), (d)(1), (e), and (f). 63.10(b)(2)(iv)–(v), (b)(3), and (d)(2)–(5) ........... 63.11 ................................................................... 63.12 ................................................................... 63.13 ................................................................... 63.14 ................................................................... 63.15 ................................................................... 63.16 ................................................................... 63.1(a)(5), (a)(7)–(9), (b)(2), (c)(3)–(4), (d), 63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv), 63.8(a)(3), 63.9(b)(3), (h)(4), 63.10(c)(2)–(4), (c)(9). [FR Doc. E9–17826 Filed 7–24–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–2009–0501; FRL–8934–1] National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List hsrobinson on PROD1PC76 with PROPOSALS AGENCY: Environmental Protection Agency. ACTION: Notice of Intent to Delete the Southern California Edison, Visalia Pole Yard Superfund Site from the National Priorities List. SUMMARY: The Environmental Protection Agency (EPA) Region IX is issuing a Notice of Intent to Delete the Southern California Edison (SCE), Visalia Pole Yard Superfund Site (Site) located in northeastern Visalia, Tulare County, California, from the National Priorities List (NPL), and requests public comments on this action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of California, through the Department of Toxic Substances Control (DTSC), 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 Superfund. DATES: Comments concerning deletion of this Site must be received by August 26, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– VerDate Nov<24>2008 18:08 Jul 24, 2009 Jkt 217001 Applies to Subpart DDDDDDD? Recordkeeping and Reporting Requirements Yes. .......................................................................... Control Device Requirements .......................... State Authorities and Delegations ................... Addresses ........................................................ Incorporations by Reference ............................ Availability of Information and Confidentiality .. Performance Track Provisions ......................... Reserved .......................................................... No. No. Yes. Yes. Yes. Yes. Yes. No. SFUND–2009–0501 by one of the following methods: • https://www.regulations.gov. Follow online instructions for submitting comments. • E-mail: lane.jackie@epa.gov. • Fax: (415) 947–3528. • Mail: Jackie Lane, Community Involvement Coordinator, U.S. EPA Region IX (SFD 6–3), 75 Hawthorne Street, San Francisco, California 94105. • Phone: (415) 972–3236. • Hand delivery: U.S. EPA Region IX (SFD 6–3), 75 Hawthorne Street, San Francisco, California 94105. Deliveries are only accepted during regular office days and hours of operation (Monday through Friday, 8 a.m. to 5 p.m.). Special arrangements will need to be made with EPA staff for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–SFUND–2009– 0501. 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 that EPA will not know your identity or contact information unless it is provided 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 publicly available docket on the Internet. EPA recommends that all submittals include your name and other contact information (i.e. e-mail and/or physical address and phone number). PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 Please note that electronic file submittals should be free of any physical defects and computer viruses and avoid the use of special characters and any form of encryption. If technical difficulties prevent EPA from reading your comment and cannot contact you for clarification, EPA may not be able to consider your comment. Docket All documents in the docket are listed in the https://www.regulations.gov index; however, although listed in the index, some information is not publicly available (e.g. CBI or other information whose disclosure is restricted by disclosure statute. Certain other materials, such as copyrighted materials, will be publicly available only in the hard copy. All other publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Site Information repositories below: U.S. EPA Superfund Records Center, 95 Hawthorne Street, San Francisco, California 94105–3901, (415) 536– 2000. Tulare County Public Library, 200 West Oak Street, Visalia, CA 93291, (818) 952–0603. FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Remedial Project Manager, U.S. EPA Region IX (SFD 7– 3), 75 Hawthorne Street, San Francisco, California 94105, (415) 972–3960. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ section of today’s Federal Register, we are publishing a direct final Notice of Deletion of the Southern California Edison (SCE), Visalia Pole Yard 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 E:\FR\FM\27JYP1.SGM 27JYP1 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 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 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 15, 2009. Laura Yoshii, Acting Regional Administrator, Region IX. [FR Doc. E9–17564 Filed 7–24–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 226 [Docket No. 0907081108–91119–01] RIN 0648–XP68 Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 90–day Finding for a Petition to Revise Designated Critical Habitat for Elkhorn and Staghorn Corals hsrobinson on PROD1PC76 with PROPOSALS AGENCY: National Marine Fisheries Service (NMFS), NationalOceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of petition finding; request for information and comments. SUMMARY: We, the National Marine Fisheries Service (NMFS), announce a 90–day finding for a petition to revise elkhorn (Acropora palmata) and staghorn (A. cervicornis) corals’ critical habitat under the Endangered Species Act (ESA) of 1973, as amended. Elkhorn and staghorn corals are listed as VerDate Nov<24>2008 18:08 Jul 24, 2009 Jkt 217001 threatened throughout their ranges and have designated critical habitat consisting of substrate of suitable quality and availability to support larval settlement and recruitment and the reattachment and recruitment of asexual fragments in water depths shallower than 30 meters in four areas in Florida, Puerto Rico, and the U.S. Virgin Islands. The petition seeks to extend the northern boundary of designated critical habitat in the Florida area to the Lake Worth Inlet, approximately 15.5 miles (24.9 km) north of the current boundary at Boynton Beach Inlet. We find that the petition presents substantial scientific information that the revision may be warranted. We are soliciting information and comments pertaining to this request for revision of critical habitat. DATES: Written comments and information related to this petition finding or the petitioned action must be received [see ADDRESSES] by August 26, 2009. ADDRESSES: You may submit comments, identified by [RIN 0648–XP68], by any one of the following methods: (1) Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal at https:// www.regulations.gov; (2) Fax: 727–824– 5309, attention: Jennifer Moore; or (3) mail: addressed to Jennifer Moore, National Marine Fisheries Service, Southeast Regional Office, Protected Resources Division, 263 13th Avenue South, Saint Petersburg, FL, 33701. All comments received are a part of the public record and will generally be posted to https://www.regulations.gov without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Interested persons may obtain more information about critical habitat designated for elkhorn and staghorn corals online at the NMFS Southeast Regional Office website: https:// sero.nmfs.noaa.gov/pr/esa/ acropora.htm. FOR FURTHER INFORMATION CONTACT: Jennifer Moore by phone 727–824–5312, fax 727–824–5309, or e-mail jennifer.moore@noaa.gov; or Marta Nammack by phone 301–713–1401 or email marta.nammack@noaa.gov. PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 36995 SUPPLEMENTARY INFORMATION: Background Critical habitat is defined in the ESA (16 U.S.C. 1531 et seq.) as: ‘‘(i) the specific areas within the geographical area currently occupied by the species, at the time it is listed...on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed upon a determination by the Secretary that such areas are essential for the conservation of the species.’’ Section 4(b)(2) of the ESA requires us to designate and make revisions to critical habitat for listed species based on the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impact, of specifying any particular area as critical habitat. The Secretary of Commerce may exclude any particular area from critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he determines that the failure to designate such area as critical habitat will result in the extinction of the species concerned. Section 4(b)(3)(D)(i) of the ESA requires us to make a 90–day finding as to whether a petition to revise critical habitat presents substantial scientific information indicating that the revision may be warranted. Our implementing regulations (50 CFR 424.14) define ‘‘substantial information’’ as the amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted. Our regulations provide further that, in making a 90–day finding on a petition to revise critical habitat, we shall consider whether a petition includes substantial information indicating that: (i) areas contain physical and biological features essential to, and that may require special management to provide for, the conservation of the species; or (ii) areas designated as critical habitat do not contain resources essential to, or do not require special management to provide for, the conservation of the species. In determining whether substantial information exists, we take into account several factors, including information submitted with, and referenced in, the petition and all other information readily available in our files. To the maximum extent practicable, this finding is to be made within 90 days of the receipt of the petition, and the finding is to be published promptly in E:\FR\FM\27JYP1.SGM 27JYP1

Agencies

[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Proposed Rules]
[Pages 36994-36995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17564]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2009-0501; FRL-8934-1]


National Oil and Hazardous Substance Pollution Contingency Plan 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Southern California Edison, 
Visalia Pole Yard Superfund Site from the National Priorities List.

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

SUMMARY: The Environmental Protection Agency (EPA) Region IX is issuing 
a Notice of Intent to Delete the Southern California Edison (SCE), 
Visalia Pole Yard Superfund Site (Site) located in northeastern 
Visalia, Tulare County, California, from the National Priorities List 
(NPL), and requests public comments on this action. The NPL, 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is an appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). The EPA and the State of California, through 
the Department of Toxic Substances Control (DTSC), 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 Superfund.

DATES: Comments concerning deletion of this Site must be received by 
August 26, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2009-0501 by one of the following methods:
     https://www.regulations.gov. Follow online instructions for 
submitting comments.
     E-mail: lane.jackie@epa.gov.
     Fax: (415) 947-3528.
     Mail: Jackie Lane, Community Involvement Coordinator, U.S. 
EPA Region IX (SFD 6-3), 75 Hawthorne Street, San Francisco, California 
94105.
     Phone: (415) 972-3236.
     Hand delivery: U.S. EPA Region IX (SFD 6-3), 75 Hawthorne 
Street, San Francisco, California 94105. Deliveries are only accepted 
during regular office days and hours of operation (Monday through 
Friday, 8 a.m. to 5 p.m.). Special arrangements will need to be made 
with EPA staff for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2009-0501. 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 that EPA will not know 
your identity or contact information unless it is provided 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 publicly 
available docket on the Internet. EPA recommends that all submittals 
include your name and other contact information (i.e. e-mail and/or 
physical address and phone number). Please note that electronic file 
submittals should be free of any physical defects and computer viruses 
and avoid the use of special characters and any form of encryption. If 
technical difficulties prevent EPA from reading your comment and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.

Docket

    All documents in the docket are listed in the https://www.regulations.gov index; however, although listed in the index, some 
information is not publicly available (e.g. CBI or other information 
whose disclosure is restricted by disclosure statute. Certain other 
materials, such as copyrighted materials, will be publicly available 
only in the hard copy. All other publicly available docket materials 
are available either electronically in https://www.regulations.gov or in 
hard copy at the Site Information repositories below:

U.S. EPA Superfund Records Center, 95 Hawthorne Street, San Francisco, 
California 94105-3901, (415) 536-2000.
Tulare County Public Library, 200 West Oak Street, Visalia, CA 93291, 
(818) 952-0603.

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Remedial Project 
Manager, U.S. EPA Region IX (SFD 7-3), 75 Hawthorne Street, San 
Francisco, California 94105, (415) 972-3960.

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of 
today's Federal Register, we are publishing a direct final Notice of 
Deletion of the Southern California Edison (SCE), Visalia Pole Yard 
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

[[Page 36995]]

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 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 15, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9-17564 Filed 7-24-09; 8:45 am]
BILLING CODE 6560-50-P
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