Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements Under CERCLA Section 108(b), 5715-5716 [2010-2385]

Download as PDF Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules j. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Executive Order 12898 (59 FR 7629) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. EPA has assessed the overall protectiveness of designating the disposal Sites against the criteria established pursuant to the MPRSA to ensure that any adverse impact to the environment will be mitigated to the greatest extent practicable. We welcome comments on this proposed action related to this Executive Order. List of Subjects in 40 CFR Part 228 Environmental protection, Water pollution control. Authority: This action is issued under the authority of Section 102 of the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401, 1411, 1412. Dated: January 25, 2010. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. For the reasons set out in the preamble, EPA proposes to amend chapter I, title 40 of the Code of Federal Register as follows: [FR Doc. 2010–2395 Filed 2–3–10; 8:45 am] PART 228—[AMENDED] 1. The authority citation for Part 228 continues to read as follows: jlentini on DSKJ8SOYB1PROD with PROPOSALS 2. Section 228.15 is amended by adding paragraph (n)(14) to read as follows: 40 CFR Part 320 [EPA–HQ–SFUND–2009–0834; FRL–9109–5] § 228.15 Dumping sites designated on a final basis. * RIN 2050–AG56 * * * * (n) * * * (14) Siuslaw River, OR—North and South Dredged Material Disposal Sites. (i) North Siuslaw River Site. (A) Location: 44°01′31.03″ N, 124°10′12.92″ W 16:45 Feb 03, 2010 Jkt 220001 BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY Authority: 33 U.S.C. 1412 and 1418. VerDate Nov<24>2008 44°01′49.39″ N, 124°10′02.85″ W 44°01′31.97″ N, 124°09′01.86″ W 44°01′13.45″ N, 124°09′11.41″ W (B) Size: Approximately 1.5 kilometers long and 0.6 kilometers wide. (C) Depth: Ranges from approximately 9 to 35 meters. (D) Primary Use: Dredged material. (E) Period of Use: Continuing Use. (F) Restrictions: (1) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13 from the Siuslaw River navigation channel and adjacent areas; (2) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP); (3) Monitoring, as specified in the SMMP, is required. (ii) South Siuslaw River Site. (A) Location: 44°00′46.72″ N, 124°10′26.55″ W 44°01′06.41″ N, 124°10′24.45″ W 44°01′04.12″ N, 124°09′43.52″ W 44°00′44.45″ N, 124°09′45.63″ W (B) Size: Approximately 0.9 kilometers long and 0.6 kilometers wide. (C) Depth: Ranges from approximately 24 to 38 meters. (D) Primary Use: Dredged material. (E) Period of Use: Continuing Use. (F) Restrictions: (1) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13, from the Siuslaw River navigation channel and adjacent areas; (2) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP); (3) Monitoring, as specified in the SMMP, is required. * * * * * Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements Under CERCLA Section 108(b) AGENCY: Environmental Protection Agency (EPA). PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 5715 ACTION: Advance notice of proposed rulemaking (ANPRM); extension of comment period and correction of docket identification number. SUMMARY: EPA is extending, until April 6, 2010, the comment period for the Advance Notice of Proposed Rulemaking (ANPRM) published in the Federal Register on January 6, 2010. In the ANPRM, the Agency identified the classes of facilities within three industries—the Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal Products Manufacturing industry (NAICS 324), and the Electric Power Generation, Transmission, and Distribution industry (NAICS 2211)—as those for which the Agency plans to develop, as necessary, proposed regulations identifying appropriate financial responsibility requirements under section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In addition, the Agency identified the Waste Management and Remediation Services industry (NAICS 562), the Wood Product Manufacturing industry (NAICS 321), the Fabricated Metal Product Manufacturing industry (NAICS 332), the Electronics and Electrical Equipment Manufacturing industry (NAICS 334 and 335), as well as facilities engaged in the recycling of materials containing CERCLA hazardous substances as requiring further study before EPA decides whether to begin the regulatory development process. EPA also wants to clarify the proper Docket Identification Number for the January 2010 ANPRM. DATES: Submit comments on or before April 6, 2010. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–2009–0834, by one of the following methods: • Electronic docket at: https:// www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: Comments may be sent by electronic mail (e-mail) to superfund.docket@epa.gov, Attention Docket ID No. EPA–HQ–SFUND–2009– 0834. In contrast to EPA’s electronic public docket, EPA’s e-mail system is not an ‘‘anonymous access’’ system. If you send an e-mail comment directly to the Docket without going through EPA’s electronic public docket, EPA’s e-mail system automatically captures your email address. E-mail addresses that are automatically captured by EPA’s e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. E:\FR\FM\04FEP1.SGM 04FEP1 jlentini on DSKJ8SOYB1PROD with PROPOSALS 5716 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules • Fax: Comments may be faxed to 202–566–0272; Attention Docket ID No. EPA–HQ–SFUND–2009–0834. • Mail: Send your comments to the Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements under CERCLA Section 108(b) Docket, Attention Docket ID No., EPA–HQ– SFUND–2009–0834, Environmental Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: Deliver two copies of your comments to the Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements under CERCLA Section 108(b) Docket, Attention Docket ID No., EPA–HQ– SFUND–2009–0834, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–SFUND–2009– 0834. 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. For additional information VerDate Nov<24>2008 16:45 Feb 03, 2010 Jkt 220001 about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. 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 statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements under CERCLA Section 108(b) Docket, Docket ID No. EPA–HQ–SFUND–2009– 0834, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is (202) 566–0276. The Public Reading Room 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. FOR FURTHER INFORMATION CONTACT: For more information on this notice, contact Ben Lesser, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, Mail Code 5302P, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (703) 308–0314; or (e-mail) lesser.ben@epa.gov; or Barbara Foster, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, Mail Code 5303P, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (703) 308–7057; or (e-mail) foster.barbara@epa.gov. SUPPLEMENTARY INFORMATION: On January 6, 2010, the Agency published in the Federal Register (75 FR 816) an Advance Notice of Proposed Rulemaking (ANPRM) that identified the classes of facilities within three industries—the Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal Products Manufacturing industry (NAICS 324), and the Electric Power Generation, Transmission, and Distribution industry (NAICS 2211)—as those for which the Agency plans to develop, as necessary, proposed regulations identifying appropriate financial responsibility requirements under section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In addition, the Agency PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 identified the Waste Management and Remediation Services industry (NAICS 562), the Wood Product Manufacturing industry (NAICS 321), the Fabricated Metal Product Manufacturing industry (NAICS 332), the Electronics and Electrical Equipment Manufacturing industry (NAICS 334 and 335), as well as facilities engaged in the recycling of materials containing CERCLA hazardous substances as requiring further study before EPA decides whether to begin the regulatory development process. Following publication of the ANPRM, several members of the public requested that the Agency extend the comment period. The Agency received extension requests for 30 days, 45 days, and 60 days. In response to these requests, the Agency is extending the comment period for 60 days, until April 6, 2010. Members of the public also will be able to provide additional comments to EPA after it publishes any proposed rules. In addition, the Agency wants to clarify the proper Docket Identification Number (Docket ID No.) associated with the January 2010 ANPRM. The heading of the ANPRM included an incorrect Docket Identification Number. Subsequent references to the docket, within the text of the ANPRM, were correct; the correct Docket ID No. (EPA– HQ–SFUND–2009–0834) is included in this extension notice of the comment period. Dated: January 29, 2010. Matthew Hale, Director, Office of Resource Conservation and Recovery. [FR Doc. 2010–2385 Filed 2–3–10; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 2, 3, 5, 6, 7, 8, 12, 13, 15, 16, 17, 19, 22, 23, 28, 32, 36, 42, 43, 50, and 52 [FAR Case 2008–024; Docket 2010–0079, Sequence 1] RIN 9000–AL51 Federal Acquisition Regulation; FAR Case 2008–024, Inflation Adjustment of Acquisition-Related Thresholds AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). E:\FR\FM\04FEP1.SGM 04FEP1

Agencies

[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Proposed Rules]
[Pages 5715-5716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2385]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 320

[EPA-HQ-SFUND-2009-0834; FRL-9109-5]
RIN 2050-AG56


Identification of Additional Classes of Facilities for 
Development of Financial Responsibility Requirements Under CERCLA 
Section 108(b)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of 
comment period and correction of docket identification number.

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

SUMMARY: EPA is extending, until April 6, 2010, the comment period for 
the Advance Notice of Proposed Rulemaking (ANPRM) published in the 
Federal Register on January 6, 2010. In the ANPRM, the Agency 
identified the classes of facilities within three industries--the 
Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal 
Products Manufacturing industry (NAICS 324), and the Electric Power 
Generation, Transmission, and Distribution industry (NAICS 2211)--as 
those for which the Agency plans to develop, as necessary, proposed 
regulations identifying appropriate financial responsibility 
requirements under section 108(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA). In addition, the 
Agency identified the Waste Management and Remediation Services 
industry (NAICS 562), the Wood Product Manufacturing industry (NAICS 
321), the Fabricated Metal Product Manufacturing industry (NAICS 332), 
the Electronics and Electrical Equipment Manufacturing industry (NAICS 
334 and 335), as well as facilities engaged in the recycling of 
materials containing CERCLA hazardous substances as requiring further 
study before EPA decides whether to begin the regulatory development 
process. EPA also wants to clarify the proper Docket Identification 
Number for the January 2010 ANPRM.

DATES: Submit comments on or before April 6, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2009-0834, by one of the following methods:
     Electronic docket at: https://www.regulations.gov: Follow 
the on-line instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail) 
to superfund.docket@epa.gov, Attention Docket ID No. EPA-HQ-SFUND-2009-
0834. In contrast to EPA's electronic public docket, EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly to the Docket without going through EPA's electronic 
public docket, EPA's e-mail system automatically captures your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket, and made available in EPA's electronic public 
docket.

[[Page 5716]]

     Fax: Comments may be faxed to 202-566-0272; Attention 
Docket ID No. EPA-HQ-SFUND-2009-0834.
     Mail: Send your comments to the Identification of 
Additional Classes of Facilities for Development of Financial 
Responsibility Requirements under CERCLA Section 108(b) Docket, 
Attention Docket ID No., EPA-HQ-SFUND-2009-0834, Environmental 
Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: Deliver two copies of your comments to the 
Identification of Additional Classes of Facilities for Development of 
Financial Responsibility Requirements under CERCLA Section 108(b) 
Docket, Attention Docket ID No., EPA-HQ-SFUND-2009-0834, EPA/DC, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2009-0834. 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. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the Identification of 
Additional Classes of Facilities for Development of Financial 
Responsibility Requirements under CERCLA Section 108(b) Docket, Docket 
ID No. EPA-HQ-SFUND-2009-0834, EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC 20460. This Docket Facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The Docket telephone number is (202) 566-0276. The 
Public Reading Room 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.

FOR FURTHER INFORMATION CONTACT: For more information on this notice, 
contact Ben Lesser, U.S. Environmental Protection Agency, Office of 
Resource Conservation and Recovery, Mail Code 5302P, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone (703) 308-0314; or (e-mail) 
lesser.ben@epa.gov; or Barbara Foster, U.S. Environmental Protection 
Agency, Office of Resource Conservation and Recovery, Mail Code 5303P, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (703) 308-
7057; or (e-mail) foster.barbara@epa.gov.

SUPPLEMENTARY INFORMATION: On January 6, 2010, the Agency published in 
the Federal Register (75 FR 816) an Advance Notice of Proposed 
Rulemaking (ANPRM) that identified the classes of facilities within 
three industries--the Chemical Manufacturing industry (NAICS 325), the 
Petroleum and Coal Products Manufacturing industry (NAICS 324), and the 
Electric Power Generation, Transmission, and Distribution industry 
(NAICS 2211)--as those for which the Agency plans to develop, as 
necessary, proposed regulations identifying appropriate financial 
responsibility requirements under section 108(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). In 
addition, the Agency identified the Waste Management and Remediation 
Services industry (NAICS 562), the Wood Product Manufacturing industry 
(NAICS 321), the Fabricated Metal Product Manufacturing industry (NAICS 
332), the Electronics and Electrical Equipment Manufacturing industry 
(NAICS 334 and 335), as well as facilities engaged in the recycling of 
materials containing CERCLA hazardous substances as requiring further 
study before EPA decides whether to begin the regulatory development 
process.
    Following publication of the ANPRM, several members of the public 
requested that the Agency extend the comment period. The Agency 
received extension requests for 30 days, 45 days, and 60 days. In 
response to these requests, the Agency is extending the comment period 
for 60 days, until April 6, 2010. Members of the public also will be 
able to provide additional comments to EPA after it publishes any 
proposed rules.
    In addition, the Agency wants to clarify the proper Docket 
Identification Number (Docket ID No.) associated with the January 2010 
ANPRM. The heading of the ANPRM included an incorrect Docket 
Identification Number. Subsequent references to the docket, within the 
text of the ANPRM, were correct; the correct Docket ID No. (EPA-HQ-
SFUND-2009-0834) is included in this extension notice of the comment 
period.

    Dated: January 29, 2010.
Matthew Hale,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2010-2385 Filed 2-3-10; 8:45 am]
BILLING CODE 6560-50-P
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