National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Intent To Delete the SMS Instruments, Inc. Superfund Site, 44932-44933 [2010-18775]
Download as PDF
44932
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Proposed Rules
B. Administrator’s ‘‘Determination’’
The CWA provides that the
Administrator may determine that a
revised or new standard is necessary to
meet the requirements of the CWA.
Section 303(c)(4)(B). If such a
determination is made, EPA must
promptly propose a revised or new
federal standard to augment or replace
the state’s or authorized tribe’s water
quality standards, and promulgate the
proposed standard within 90 days of
proposal. See CWA 303(c)(4). Since this
provision was enacted by Congress in
1972, there have been recurring
instances of confusion or
misunderstanding about what
constitutes such a determination. EPA is
considering clarifying in the water
quality standards regulation that an
Administrator’s determination must be
signed by the Administrator or his/her
duly authorized designee, and must
include a statement that the document
constitutes a determination under
section 303(c)(4)(B) of the CWA. In the
listening sessions, EPA will invite views
from the public on these changes.
srobinson on DSKHWCL6B1PROD with PROPOSALS
C. Designated Uses
Section 101(a)(2) of the Act
establishes a goal, wherever attainable,
of water quality that provides for the
protection and propagation of fish,
shellfish, and wildlife and recreation in
and on the water. The water quality
standards regulation requires that the
state or authorized tribe perform a use
attainability analysis (that is, a
structured scientific assessment of
factors affecting attainment of
designated uses) and submit this
assessment to EPA in order to remove
certain designated uses, including any
designated use that is specified as a
national goal in section 101(a)(2) of the
CWA. See 40 CFR 131.10. The
regulation does not, however, specify
which uses, if any, must be adopted to
replace the use that is being removed.
EPA is considering clarifying that
designated uses reflecting the CWA
101(a)(2) goals of the CWA are
presumed attainable unless otherwise
demonstrated and that states and
authorized tribes must designate such
uses unless they have conducted a use
attainability analysis to support a lesser
designated use and EPA has approved
that action. EPA is also considering
clarifying that the highest attainable
use(s) closest to the section 101(a)(2)
goal must be adopted if a CWA 101(a)(2)
goal use is unattainable. In the listening
sessions, EPA will invite views from the
public on these changes.
VerDate Mar<15>2010
16:26 Jul 29, 2010
Jkt 220001
D. Variances
The current regulation allows states
and authorized tribes to adopt variances
as general policies for applying and
implementing their water quality
standards. See 40 CFR 131.13. The
regulation does not provide a definition
of, a description of, or any requirements
for the use of variances. EPA is
considering establishing regulatory
requirements for variances to ensure
proper use of variances and reduce the
possibility of inappropriate use. In the
listening sessions, EPA will invite views
from the public on these clarifications,
and what the regulatory requirements
should include.
E. Triennial Reviews
The CWA and the current water
quality standards regulation require
states and authorized tribes to review
their water quality standards at least
once every three years, and modify
standards or adopt new standards as
appropriate. CWA 303(c); 40 CFR
131.20. EPA is considering revising the
regulatory requirements to clarify that
states and authorized tribes must solicit
and consider public comments in
determining the scope of each such
triennial review. EPA is also
considering establishing a new triennial
review requirement that states and
authorized tribes must evaluate whether
their existing water quality criteria
continue to be protective of designated
uses, taking into consideration any new
information, including EPA’s most
recent national recommended CWA
304(a) water quality criteria, that has
become available since the state or tribal
criteria were adopted or last revised. In
the listening sessions, EPA will invite
views from the public on these changes.
F. Updates To Reflect Court Decisions
EPA is considering making three
clarifications to the water quality
standards regulation to codify the
results of court decisions over the years.
First, EPA is considering revising the
definition of ‘‘water quality standards’’
in 40 CFR 131.3 to reflect the results of
and EPA’s actions on remand from
Florida Public Interest Research Group
Citizen Lobby, Inc., Save our Suwannee,
Inc., et al. v. EPA, et al., 386 F.3d 1070
(11th Cir. 2004) concerning Florida’s
Impaired Water Rule (IWR). That court
decision and EPA’s response to it more
clearly define which of state or tribal
provisions constitute water quality
standards that need to be submitted to
EPA for review and approval. EPA is
considering revising 40 CFR part 131 to
reflect these developments.
Second, EPA is considering specifying
that authorizing provisions for
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
compliance schedules for implementing
water quality-based effluent limits in
NPDES permits must be adopted as part
of a state’s or tribe’s water quality
standards, and therefore be submitted to
EPA for review and approval. See In the
Matter of Star-Kist Caribe, Inc., 1990 WL
324290 (EPA), 3 EAD 172 (April 16,
1990).
Third, EPA is considering clarifying
that states and authorized tribes must
submit to EPA records of public
participation that has occurred in
reviewing and revising state or tribal
water quality standards. These records
would include public comments, and
the state’s or tribe’s responses to the
comments. This change would reflect
the results of City of Albuquerque v.
Browner, 97 F.3d 415 (10th Cir. 1996).
In the listening sessions, EPA will
invite views from the public on these
changes.
IV. Other EPA Outreach
EPA expects to conduct outreach with
additional stakeholders as well as local,
state, and tribal governments before
proposing any revisions to the water
quality standards regulation. This
outreach includes discussions and
consultation with federally-recognized
Indian tribes, consistent with Executive
Order 13175 (Tribal Consultation);
consultation with representatives of
elected officials of state and local
government, consistent with Executive
Order 13132 (Federalism); and
consultation with state water quality
program officials as co-regulators. EPA
will continue outreach efforts prior to
finalizing any revisions.
Dated: July 22, 2010.
Ephraim S. King,
Director, Office of Science and Technology.
[FR Doc. 2010–18557 Filed 7–29–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1986–0005; FRL–9183–1]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Intent To
Delete the SMS Instruments, Inc.
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA), Region 2, is issuing a
Notice of Intent to Delete the SMS
Instruments, Inc. Superfund Site (Site),
SUMMARY:
E:\FR\FM\30JYP1.SGM
30JYP1
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Proposed Rules
srobinson on DSKHWCL6B1PROD with PROPOSALS
located in Deer Park, New York, 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, is an Appendix
of the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). The EPA and the State of New
York, through the New York State
Department of Environmental
Conservation, have determined that all
appropriate remedial actions under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
DATES: Comments must be received by
August 30, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1986–0005, by one of the
following methods:
Web site: https://www.regulations.gov.
Follow the on-line instructions for
submitting comments.
E-mail: dannenberg.mark@epa.gov.
Fax: To the attention of Mark
Dannenberg at 212–637–3966.
Mail: To the attention of Mark
Dannenberg, Remedial Project Manager,
Emergency and Remedial Response
Division, U.S. Environmental Protection
Agency, Region 2, 290 Broadway, 20th
Floor, New York, NY 10007–1866.
Hand Delivery: Superfund Records
Center, 290 Broadway, 18th Floor, New
York, NY 10007–1866 (telephone: 212–
637–4308). Such deliveries are only
accepted during the Records Center’s
normal hours of operation (Monday to
Friday from 9 a.m. to 5 p.m.). Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1986–
0005. EPA’s policy is that all comments
received will be included in the 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
VerDate Mar<15>2010
16:26 Jul 29, 2010
Jkt 220001
whose disclosure is restricted by statute.
Do not submit information that you
consider CBI or otherwise protected
through https://www.regulations.gov or
via 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
comments. If you send comments to
EPA via e-mail, your e-mail address will
be included as part of the comment that
is placed in the Docket and made
available on the Web site. If you submit
electronic comments, EPA recommends
that you include your name and other
contact information in the body of your
comments and with any disks or CD–
ROMs that you submit. If EPA cannot
read your comments due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comments. Electronic
files should avoid the use of special
characters and any form of encryption
and should 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 statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available Docket
materials can be viewed electronically
at https://www.regulations.gov or
obtained in hard copy at:
U.S. Environmental Protection Agency,
Region 2, Superfund Records Center,
290 Broadway, 18th Floor, New York,
NY 10007–1866, Phone: 212–637–
4308, Hours: Monday to Friday from
9 a.m. to 5 p.m.
and
New York State Department of
Environmental Conservation, Region
1, SUNY @ Stony Brook, 50 Circle
Road, Stony Brook, New York 11790,
Phone: 631–444–0240.
FOR FURTHER INFORMATION CONTACT:
Mark Dannenberg, Remedial Project
Manager, by mail at Emergency and
Remedial Response Division, U.S.
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
44933
Environmental Protection Agency,
Region 2, 290 Broadway, 20th floor,
New York, NY 10007–1866; telephone
at 212–637–4251; fax at 212–637–3966;
or e-mail at dannenberg.mark@epa.gov.
In the
‘‘Rules and Regulations’’ Section of
today’s Federal Register, we are
publishing a direct final Notice of
Deletion of the SMS Instruments, Inc.
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
Deletion Notice 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.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, hazardous
waste, Hazardous substances,
Intergovernmental relations, Natural
resources, Oil pollution, 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 20, 2010.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
[FR Doc. 2010–18775 Filed 7–29–10; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\30JYP1.SGM
30JYP1
Agencies
[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Proposed Rules]
[Pages 44932-44933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18775]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-9183-1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Intent To Delete the SMS Instruments, Inc.
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA), Region 2, is
issuing a Notice of Intent to Delete the SMS Instruments, Inc.
Superfund Site (Site),
[[Page 44933]]
located in Deer Park, New York, 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, is an
Appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and the State of New York, through the
New York State Department of Environmental Conservation, have
determined that all appropriate remedial actions under CERCLA have been
completed. However, this deletion does not preclude future actions
under Superfund.
DATES: Comments must be received by August 30, 2010.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
Web site: https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: dannenberg.mark@epa.gov.
Fax: To the attention of Mark Dannenberg at 212-637-3966.
Mail: To the attention of Mark Dannenberg, Remedial Project
Manager, Emergency and Remedial Response Division, U.S. Environmental
Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY
10007-1866.
Hand Delivery: Superfund Records Center, 290 Broadway, 18th Floor,
New York, NY 10007-1866 (telephone: 212-637-4308). Such deliveries are
only accepted during the Records Center's normal hours of operation
(Monday to Friday from 9 a.m. to 5 p.m.). Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. EPA's policy is that all comments received will be included
in the 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 CBI
or otherwise protected through https://www.regulations.gov or via 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 comments. If you
send comments to EPA via e-mail, your e-mail address will be included
as part of the comment that is placed in the Docket and made available
on the Web site. If you submit electronic comments, EPA recommends that
you include your name and other contact information in the body of your
comments and with any disks or CD-ROMs that you submit. If EPA cannot
read your comments due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comments.
Electronic files should avoid the use of special characters and any
form of encryption and should 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 statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available Docket materials can be viewed electronically at
https://www.regulations.gov or obtained in hard copy at:
U.S. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9 a.m. to 5 p.m.
and
New York State Department of Environmental Conservation, Region 1, SUNY
@ Stony Brook, 50 Circle Road, Stony Brook, New York 11790, Phone: 631-
444-0240.
FOR FURTHER INFORMATION CONTACT: Mark Dannenberg, Remedial Project
Manager, by mail at Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, 20th floor,
New York, NY 10007-1866; telephone at 212-637-4251; fax at 212-637-
3966; or e-mail at dannenberg.mark@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 SMS Instruments, Inc. 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 Deletion Notice 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,
Natural resources, Oil pollution, 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 20, 2010.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
[FR Doc. 2010-18775 Filed 7-29-10; 8:45 am]
BILLING CODE 6560-50-P