Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities, 41121-41123 [2010-17143]
Download as PDF
Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect 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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
sroberts on DSKD5P82C1PROD with PROPOSALS
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
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16:20 Jul 14, 2010
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that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves the establishment of a special
local regulation. Based on our
preliminary determination, there are no
factors in this case that would limit the
use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, we believe that this rule
should be categorically excluded.
Because this event establishes a special
local regulation, paragraph (34)(h) of
figure 2–1 of the Instruction applies.
Thus, no further environmental
documentation is required. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
§ 100.35T08–0518 Safety Zone; Sabine
River, Orange, TX.
(a) Definitions. As used in this section
‘‘Participant Vessel’’ means all vessels
registered with event officials to race or
work in the event. These vessels include
race boats, rescue boats, tow boats, and
picket boats associated with the race.
(b) Location. The following area is a
safety zone: all waters of the Sabine
River, shoreline to shoreline, adjacent to
the Naval Reserve Unit and the Orange
public boat ramps located in Orange,
TX. The northern boundary is from the
end of Navy Pier One at 30°05′45″ N/
093°43′24″ W then easterly to the rivers
eastern shore. The southern boundary is
a line shoreline to shoreline at latitude
30°05′33″ N.
(c) Effective Period. This regulation is
effective from 8 a.m. on September 25,
2010, to 6 p.m. on September 26, 2010.
This regulation will be enforced daily
from 8 a.m. until 6 p.m. on September
25 and 26, 2010.
(d) Regulations.
(1) In accordance with the general
regulations in § 100.35 of this part, entry
into this zone is prohibited to all vessels
except participant vessels and those
Frm 00020
Fmt 4702
Sfmt 4702
vessels specifically authorized by the
Captain of the Port, Port Arthur or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through must request
permission from the Captain of the Port,
Port Arthur, or a designated
representative. They may be contacted
on VHF Channel 13 or 16, or by
telephone at (409) 723–6500.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port, Port Arthur,
designated representatives and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
Dated: June 3, 2010.
J.J. Plunkett,
Captain, U.S. Coast Guard, Captain of the
Port, Port Arthur.
[FR Doc. 2010–17115 Filed 7–14–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 257, 261, 264, 265, 268,
271 and 302
[EPA–HQ–RCRA–2009–0640; FRL–9175–4]
RIN 2050–AE81
2. Add a new temporary § 100.35T08–
0518 to read as follows:
PO 00000
41121
Hazardous and Solid Waste
Management System; Identification
and Listing of Special Wastes;
Disposal of Coal Combustion
Residuals From Electric Utilities
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Announcement of public
hearings.
SUMMARY: On June 21, 2010, EPA
proposed to regulate the disposal of coal
combustion residuals generated from
the combustion of coal at electric
utilities and by independent power
producers. Given the significant public
interest in this proposed rule and to
further public participation
opportunities, EPA is announcing five
public hearings to be held in cities
across the United States. The hearings
will provide the public with an
opportunity to present data, views or
arguments concerning the proposed
rule. The public hearings will take place
in Arlington, Virginia; Denver,
Colorado; Dallas, Texas; Charlotte,
North Carolina; and Chicago, Illinois.
DATES: A public hearing will be
conducted in Arlington, Virginia, on
August 30, 2010; Denver, Colorado, on
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules
September 2, 2010; Dallas, Texas, on
September 8, 2010; Charlotte, North
Carolina, on September 14, 2010; and
Chicago, Illinois, on September 16,
2010. Persons who wish to present oral
testimony at one or more of the public
hearings must preregister at least three
business days prior to the hearing. The
last day to preregister will be August 25,
2010, for the Arlington, Virginia, public
hearing; August 30, 2010, for the
Denver, Colorado, public hearing;
September 2, 2010, for the Dallas, Texas,
public hearing; September 9, 2010, for
the Charlotte, North Carolina, public
hearing; and September 13, 2010, for the
Chicago, Illinois, public hearing. The
preregistration cut-off time is 5 p.m.
Eastern Daylight Time (EDT) on the
final day of preregistration for the five
public hearings. See SUPPLEMENTARY
INFORMATION for information on how to
register.
ADDRESSES: The public hearings will be
held at the following locations:
Arlington, VA—August 30, 2010, Hyatt
Regency, 2799 Jefferson Davis
Highway, Arlington, VA 22202,
Phone: (703) 418–1234,
https://www.crystalcity.hyatt.com.
Denver, CO—September 2, 2010, Grand
Hyatt, 1750 Welton Street, Denver, CO
80202, Phone: (303) 295–1234,
https://www.granddenver.hyatt.com.
Dallas, TX—September 8, 2010, Hyatt
Regency Dallas, 300 Reunion
Boulevard, Dallas, TX 75207, Phone:
(214) 651–1234,
https://www.dallasregency.hyatt.com.
Charlotte, NC—September 14, 2010,
Holiday Inn Charlotte (Airport), 2707
Little Rock Road, Charlotte, NC
28214, Phone: (704) 394–4301,
https://www.hicharlotteairport.com.
Chicago, IL—September 16, 2010,
Hilton Chicago, 720 South Michigan
Avenue, Chicago, IL 60605, Phone:
(312) 922–4400,
https://www.chicagohilton.com/
hotels__hiltonchicago.aspx.
sroberts on DSKD5P82C1PROD with PROPOSALS
For additional details on the public
hearings please see SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning the
public hearing, please contact Bonnie
Robinson, Office of Resource
Conservation and Recovery, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Mailcode
5304P, Washington, DC 20460;
telephone number (703) 308–8429; email address: robinson.bonnie@epa.gov
or Elaine Eby, Office of Resource
Conservation and Recovery, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Mailcode
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16:20 Jul 14, 2010
Jkt 220001
5304P, Washington, DC 20460;
telephone number (703) 308–8449; email address eby.elaine@epa.gov.
Questions concerning the proposed rule
should be addressed to. Alexander
Livnat, Office of Resource Conservation
and Recovery, U.S. Environmental
Protection Agency, 5304P; 1200
Pennsylvania Ave., NW., Washington
DC 20460, telephone number: (703)
308–7251, e-mail address:
livnat.alexander@epa.gov, or Steve
Souders, Office of Resource
Conservation and Recovery, U.S.
Environmental Protection Agency,
5304P; 1200 Pennsylvania Ave., NW.,
Washington DC 20460, telephone
number: (703) 308–8431, e-mail address:
souders.steve@epa.gov.
SUPPLEMENTARY INFORMATION: The
proposed rule was published in the
Federal Register on June 21, 2010 (75
FR 35128). Additional information on
the proposed rule can be found at https://
www.epa.gov/coalashrule. (Note: The
Agency will shortly be publishing in the
Federal Register several administrative
corrections that are needed to the June
21, 2010 print publication of the
proposed rule. An unofficial prepublication version of the corrected
proposed rule and a summary of the
administrative corrections made to the
rule is available at https://www.epa.gov/
coalashrule in the meantime.)
On June 21, 2010, EPA proposed to
establish regulatory requirements
applicable to the disposal of coal
combustion residuals, commonly
known as coal ash, generated from the
combustion of coal at electric utilities
and by independent power producers.
These regulations were proposed under
the authority of sections 1008(a),
2002(a), 3001, 3004, 3005, and 4004 of
the Solid Waste Disposal Act of 1970, as
amended by the Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended by the Hazardous and Solid
Waste Amendments of 1984 (HSWA), 42
U.S.C. 6907(a), 6912(a), 6921,6924, 6925
and 6944. These statutes, combined, are
commonly referred to as ‘‘RCRA.’’
Several of these statutory provisions
require that EPA offer the public an
‘‘opportunity for a hearing’’ as part of the
process for adopting a final requirement.
See, e.g., 42 U.S.C. 6907(a),
6921(b)(1)(C)(3)(C).
To date, EPA has received a
submission requesting multiple hearings
on the proposed rule, and given the
significant public interest in this rule,
EPA is announcing five public hearings
to be held in cities across the United
States. The public hearings will provide
interested parties the opportunity to
present data, views, or arguments
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
concerning the proposed rule. EPA may
ask clarifying questions during the oral
presentations, but will not respond
formally to any comments or the
presentations made.
Each public hearing will consist of
three sessions, a morning session
starting at 10 a.m. (local time) and
ending at noon, an afternoon session
starting at 1 p.m., and ending at 5 p.m.,
and an evening session beginning at
6:30 and ending at 9 p.m. or later, if
necessary, depending on the number of
speakers that preregister for the hearing.
If you would like to present oral
testimony at the hearing, please
preregister at the following Web site:
https://www.epa.gov/epawaste/nonhaz/
industrial/special/fossil/ccr-rule/ccrform.htm. If you would like to present
oral testimony and are unable to
preregister at this Web site, please
contact either Bonnie Robinson or
Elaine Eby at the addresses given above
under FOR FURTHER INFORMATION
CONTACT prior to the close of the
preregistration period. Note that you
only need to preregister if you wish to
present oral testimony. That is, you do
not have to preregister in order to
observe the public hearing or to submit
only a written statement (see below).
The Agency encourages, however, all
persons planning to attend one or more
of the public hearings to preregister for
it, which will facilitate the planning of
the event. As noted above,
preregistration closes at 5 p.m. EDT
three business days prior to each public
hearing. If you do not preregister by the
deadline and wish to provide oral
testimony, EPA may allow, if time
permits, some or all unregistered
persons to present oral testimony at the
public hearing. EPA will consider such
requests on a first-come, first-served
basis on the day of the public hearing,
according to the time available.
If you wish to submit only a written
statement at the public hearing (that is,
you do not want to present oral
testimony), EPA officials will accept
such written statements at the morning,
afternoon, and evening sessions. EPA
will place such statements in the docket
to the rulemaking and will consider
your statement as part of the rulemaking
record. You do not need to preregister
for the hearing if you wish only to
submit a written statement; however, as
previously stated, preregistration is
encouraged.
Oral testimony will be limited to 3
minutes for each person to address the
proposed rule. We will not be providing
equipment for persons to show
overhead slides or make computerized
slide presentations. EPA encourages
each person to provide two copies of
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules
their oral testimony either electronically
or computer disk, CD–ROM, or paper
copy at the public hearing. Verbatim
transcripts of the public hearings and
written statements will be included in
the docket to this rulemaking.
Any person needing special
accommodations at the public hearings,
including wheelchair access or sign
language translation, should contact
Bonnie Robinson or Elaine Eby at the
addresses given above under FOR
FURTHER INFORMATION CONTACT at least
five business days in advance of the
public hearing.
Finally, in addition to today’s public
hearing announcement, EPA will be
maintaining a Web site providing the
most up-to-date information on these
public hearings. See https://
www.epa.gov/epawaste/nonhaz/
industrial/special/fossil/ccr-rule/ccrhearing.htm. Those persons planning to
participate in the public hearing
process, either by providing oral
testimony or observing the hearing, are
urged to visit this Web site at least two
days prior to the date of the each public
hearing to determine if there are any
relevant announcements or changes
related to the hearing.
Dated: July 8, 2010.
Suzanne Rudzinski,
Acting Director, Office of Resource
Conservation and Recovery.
[FR Doc. 2010–17143 Filed 7–14–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 10–1060; MB Docket No. 10–118; RM–
11603].
Radio Broadcasting Services;
Gearhart, OR
sroberts on DSKD5P82C1PROD with PROPOSALS
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: This document sets forth a
proposal to amend the FM Table of
Allotments, Section 73.202(b) of the
Commission’s rules, 47 CFR Section
73.202(b). The Commission requests
comment on a petition filed by Black
Hills Broadcasting, L.P. proposing the
allotment of FM Channel 243A as the
first local service at Gearhart, Oregon.
The channel can be allotted at Gearhart
in compliance with the Commission’s
minimum distance separation
requirements with a site restriction of
8.2 km (5.1 miles) south of Gearhart, at
45–57–11 North Latitude and 123–56–
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16:20 Jul 14, 2010
Jkt 220001
14 West Longitude. See Supplementary
Information infra.
DATES: The deadline for filing comments
is August 16, 2010. Reply comments
must be filed on or before August 31,
2010.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve counsel
for petitioner as follows: J. Dominic
Monahan, Esq., Forum Building, 777
High Street–Suite 300, Post Office Box
10747, Eugene, Oregon 97401.
FOR FURTHER INFORMATION CONTACT:
Deborah A. Dupont, Media Bureau (202)
418–7072.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
10–118, adopted June 10, 2010, and
released June 14, 2010. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC
Reference Information Center (Room
CY–A257), 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, (800) 378–3160,
or via the company’s Web site, https://
www.bcpiweb.com. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506 (c)(4).
The Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
41123
Commission proposes to amend 47 CFR
Part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Oregon, is amended
by adding Gearhart, Channel 243A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 2010–17300 Filed 7–14–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0911031392–91399–01]
RIN 0648–AY34
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea Subarea
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS issues a proposed rule
that would implement Amendment 94
to the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). Amendment 94, if approved,
would require participants using
nonpelagic trawl gear in the directed
fishery for flatfish in the Bering Sea
subarea to modify the trawl gear to raise
portions of the gear off the ocean
bottom. Amendment 94 also would
change the boundaries of the Northern
Bering Sea Research Area to establish
the Modified Gear Trawl Zone (MGTZ)
and to expand the Saint Matthew Island
Habitat Conservation Area. Nonpelagic
trawl gear also would be required to be
modified to raise portions of the gear off
the ocean bottom if used in any directed
fishery for groundfish in the proposed
MGTZ. This action is necessary to
reduce potential adverse effects of
nonpelagic trawl gear on bottom habitat,
to protect additional blue king crab
habitat near St. Matthew Island, and to
allow for efficient flatfish harvest as the
E:\FR\FM\15JYP1.SGM
15JYP1
Agencies
[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Proposed Rules]
[Pages 41121-41123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17143]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 257, 261, 264, 265, 268, 271 and 302
[EPA-HQ-RCRA-2009-0640; FRL-9175-4]
RIN 2050-AE81
Hazardous and Solid Waste Management System; Identification and
Listing of Special Wastes; Disposal of Coal Combustion Residuals From
Electric Utilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Announcement of public hearings.
-----------------------------------------------------------------------
SUMMARY: On June 21, 2010, EPA proposed to regulate the disposal of
coal combustion residuals generated from the combustion of coal at
electric utilities and by independent power producers. Given the
significant public interest in this proposed rule and to further public
participation opportunities, EPA is announcing five public hearings to
be held in cities across the United States. The hearings will provide
the public with an opportunity to present data, views or arguments
concerning the proposed rule. The public hearings will take place in
Arlington, Virginia; Denver, Colorado; Dallas, Texas; Charlotte, North
Carolina; and Chicago, Illinois.
DATES: A public hearing will be conducted in Arlington, Virginia, on
August 30, 2010; Denver, Colorado, on
[[Page 41122]]
September 2, 2010; Dallas, Texas, on September 8, 2010; Charlotte,
North Carolina, on September 14, 2010; and Chicago, Illinois, on
September 16, 2010. Persons who wish to present oral testimony at one
or more of the public hearings must preregister at least three business
days prior to the hearing. The last day to preregister will be August
25, 2010, for the Arlington, Virginia, public hearing; August 30, 2010,
for the Denver, Colorado, public hearing; September 2, 2010, for the
Dallas, Texas, public hearing; September 9, 2010, for the Charlotte,
North Carolina, public hearing; and September 13, 2010, for the
Chicago, Illinois, public hearing. The preregistration cut-off time is
5 p.m. Eastern Daylight Time (EDT) on the final day of preregistration
for the five public hearings. See SUPPLEMENTARY INFORMATION for
information on how to register.
ADDRESSES: The public hearings will be held at the following locations:
Arlington, VA--August 30, 2010, Hyatt Regency, 2799 Jefferson Davis
Highway, Arlington, VA 22202, Phone: (703) 418-1234, https://www.crystalcity.hyatt.com.
Denver, CO--September 2, 2010, Grand Hyatt, 1750 Welton Street, Denver,
CO 80202, Phone: (303) 295-1234, https://www.granddenver.hyatt.com.
Dallas, TX--September 8, 2010, Hyatt Regency Dallas, 300 Reunion
Boulevard, Dallas, TX 75207, Phone: (214) 651-1234, https://www.dallasregency.hyatt.com.
Charlotte, NC--September 14, 2010, Holiday Inn Charlotte (Airport),
2707 Little Rock Road, Charlotte, NC 28214, Phone: (704) 394-4301,
https://www.hicharlotteairport.com.
Chicago, IL--September 16, 2010, Hilton Chicago, 720 South Michigan
Avenue, Chicago, IL 60605, Phone: (312) 922-4400, https://www.chicagohilton.com/hotels__hiltonchicago.aspx.
For additional details on the public hearings please see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning the
public hearing, please contact Bonnie Robinson, Office of Resource
Conservation and Recovery, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Mailcode 5304P, Washington, DC 20460; telephone
number (703) 308-8429; e-mail address: robinson.bonnie@epa.gov or
Elaine Eby, Office of Resource Conservation and Recovery, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Mailcode
5304P, Washington, DC 20460; telephone number (703) 308-8449; e-mail
address eby.elaine@epa.gov. Questions concerning the proposed rule
should be addressed to. Alexander Livnat, Office of Resource
Conservation and Recovery, U.S. Environmental Protection Agency, 5304P;
1200 Pennsylvania Ave., NW., Washington DC 20460, telephone number:
(703) 308-7251, e-mail address: livnat.alexander@epa.gov, or Steve
Souders, Office of Resource Conservation and Recovery, U.S.
Environmental Protection Agency, 5304P; 1200 Pennsylvania Ave., NW.,
Washington DC 20460, telephone number: (703) 308-8431, e-mail address:
souders.steve@epa.gov.
SUPPLEMENTARY INFORMATION: The proposed rule was published in the
Federal Register on June 21, 2010 (75 FR 35128). Additional information
on the proposed rule can be found at https://www.epa.gov/coalashrule.
(Note: The Agency will shortly be publishing in the Federal Register
several administrative corrections that are needed to the June 21, 2010
print publication of the proposed rule. An unofficial pre-publication
version of the corrected proposed rule and a summary of the
administrative corrections made to the rule is available at https://www.epa.gov/coalashrule in the meantime.)
On June 21, 2010, EPA proposed to establish regulatory requirements
applicable to the disposal of coal combustion residuals, commonly known
as coal ash, generated from the combustion of coal at electric
utilities and by independent power producers. These regulations were
proposed under the authority of sections 1008(a), 2002(a), 3001, 3004,
3005, and 4004 of the Solid Waste Disposal Act of 1970, as amended by
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended
by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C.
6907(a), 6912(a), 6921,6924, 6925 and 6944. These statutes, combined,
are commonly referred to as ``RCRA.'' Several of these statutory
provisions require that EPA offer the public an ``opportunity for a
hearing'' as part of the process for adopting a final requirement. See,
e.g., 42 U.S.C. 6907(a), 6921(b)(1)(C)(3)(C).
To date, EPA has received a submission requesting multiple hearings
on the proposed rule, and given the significant public interest in this
rule, EPA is announcing five public hearings to be held in cities
across the United States. The public hearings will provide interested
parties the opportunity to present data, views, or arguments concerning
the proposed rule. EPA may ask clarifying questions during the oral
presentations, but will not respond formally to any comments or the
presentations made.
Each public hearing will consist of three sessions, a morning
session starting at 10 a.m. (local time) and ending at noon, an
afternoon session starting at 1 p.m., and ending at 5 p.m., and an
evening session beginning at 6:30 and ending at 9 p.m. or later, if
necessary, depending on the number of speakers that preregister for the
hearing.
If you would like to present oral testimony at the hearing, please
preregister at the following Web site: https://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/ccr-form.htm. If you would
like to present oral testimony and are unable to preregister at this
Web site, please contact either Bonnie Robinson or Elaine Eby at the
addresses given above under FOR FURTHER INFORMATION CONTACT prior to
the close of the preregistration period. Note that you only need to
preregister if you wish to present oral testimony. That is, you do not
have to preregister in order to observe the public hearing or to submit
only a written statement (see below). The Agency encourages, however,
all persons planning to attend one or more of the public hearings to
preregister for it, which will facilitate the planning of the event. As
noted above, preregistration closes at 5 p.m. EDT three business days
prior to each public hearing. If you do not preregister by the deadline
and wish to provide oral testimony, EPA may allow, if time permits,
some or all unregistered persons to present oral testimony at the
public hearing. EPA will consider such requests on a first-come, first-
served basis on the day of the public hearing, according to the time
available.
If you wish to submit only a written statement at the public
hearing (that is, you do not want to present oral testimony), EPA
officials will accept such written statements at the morning,
afternoon, and evening sessions. EPA will place such statements in the
docket to the rulemaking and will consider your statement as part of
the rulemaking record. You do not need to preregister for the hearing
if you wish only to submit a written statement; however, as previously
stated, preregistration is encouraged.
Oral testimony will be limited to 3 minutes for each person to
address the proposed rule. We will not be providing equipment for
persons to show overhead slides or make computerized slide
presentations. EPA encourages each person to provide two copies of
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their oral testimony either electronically or computer disk, CD-ROM, or
paper copy at the public hearing. Verbatim transcripts of the public
hearings and written statements will be included in the docket to this
rulemaking.
Any person needing special accommodations at the public hearings,
including wheelchair access or sign language translation, should
contact Bonnie Robinson or Elaine Eby at the addresses given above
under FOR FURTHER INFORMATION CONTACT at least five business days in
advance of the public hearing.
Finally, in addition to today's public hearing announcement, EPA
will be maintaining a Web site providing the most up-to-date
information on these public hearings. See https://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/ccr-hearing.htm. Those
persons planning to participate in the public hearing process, either
by providing oral testimony or observing the hearing, are urged to
visit this Web site at least two days prior to the date of the each
public hearing to determine if there are any relevant announcements or
changes related to the hearing.
Dated: July 8, 2010.
Suzanne Rudzinski,
Acting Director, Office of Resource Conservation and Recovery.
[FR Doc. 2010-17143 Filed 7-14-10; 8:45 am]
BILLING CODE 6560-50-P