National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List; Intent for Partial Deletion of the Denver Radium Superfund Site, 54821-54822 [2010-22488]
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This proposed rule does
not have tribal implications, as specified
in Executive Order 13175. It will not
have substantial direct effects on tribal
governments, 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.
Thus, Executive Order 13175 does not
apply to this rule.
EPA specifically solicits additional
comment on this proposed rule from
tribal officials.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This rule is not subject to
Executive Order 13045, because it
approves a state rule implementing a
Federal standard.
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H. Executive Order 12898, Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898, ‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’ (February 16,
1994) 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. The
Executive Order has informed the
development and implementation of
EPA’s environmental justice program
and policies. Consistent with the
Executive Order and the associated
Presidential Memorandum, the
Agency’s environmental justice policies
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16:58 Sep 08, 2010
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promote environmental protection by
focusing attention and Agency efforts on
addressing the types of environmental
harms and risks that are prevalent
among minority, low-income and Tribal
populations.
This action will not have
disproportionately high and adverse
human health or environmental effects
on minority, low-income or Tribal
populations because the partial
approval/partial disapproval and
limited approval/limited disapproval
actions proposed increase the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
I. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
J. National Technology Transfer and
Advancement Act
Section 12 of the National Technology
Transfer and Advancement Act
(NTTAA) of 1995 requires Federal
agencies to evaluate existing technical
standards when developing a new
regulation. To comply with NTTAA,
EPA must consider and use ‘‘voluntary
consensus standards’’ (VCS) if available
and applicable when developing
programs and policies unless doing so
would be inconsistent with applicable
law or otherwise impractical.
EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 3, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2010–22616 Filed 9–8–10; 8:45 am]
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54821
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9198–7]
National Oil and Hazardous Substance
Pollution Contingency Plan; National
Priorities List; Intent for Partial
Deletion of the Denver Radium
Superfund Site
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 is issuing a
Notice of Intent to Delete each of the 11
operable units, with the exception of
groundwater contamination associated
with Operable Unit 8, of the Denver
Radium Superfund Site (Site), located in
the City and County of Denver,
Colorado, from the National Priorities
List (NPL) and requests public
comments on this proposed action.
Groundwater associated with Operable
Unit 8 will remain on the NPL. 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 Colorado, through the
Colorado Department of Public Health
and Environment, have determined that
all appropriate response actions at these
identified parcels under CERCLA, other
than operations and maintenance and
five-year reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This partial deletion pertains to each
of the 11 operable units of the Denver
Radium Superfund Site. Groundwater
contamination associated with Operable
Unit 8 will remain on the NPL and is
not being considered for deletion at this
time.
DATES: Comments must be received by
October 12, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1983–0002, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• E-mail: dalton.john@epa.gov.
• Fax: 303–312–7110 (Attention: John
Dalton, Public Affairs and Involvement).
• Mail: John Dalton, Public Affairs
and Involvement (8OCPI), U.S. EPA
SUMMARY:
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54822
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules
Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, (303) 312–6633.
• Hand delivery: Environmental
Protection Agency, 1595 Wynkoop
Street, Denver, Colorado. 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–1983–
0002. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency
Region 8 Records Center, 1595
Wynkoop Street, Denver, CO 80202,
Hours: M–F, 8 a.m. to 4 p.m., Colorado
Department of Public Health and the
Environment, 4300 Cherry Creek Drive
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16:58 Sep 08, 2010
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South, Denver, CO 80246, Hours: M–F,
8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Rebecca Thomas, Project Manager
(8EPR–SR), U.S. EPA Region 8, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6552,
thomas.rebecca@epa.gov.
In the
‘‘Rules and Regulations’’ Section of
today’s Federal Register, we are
publishing a direct final Notice of
Partial Deletion for each of the 11
operable units, with the exception of
groundwater contamination associated
with Operable Unit 8, of the Denver
Radium Superfund Site without prior
Notice of Intent for Partial Deletion
because EPA views this as a
noncontroversial revision and
anticipates no adverse comment. We
have explained our reasons for this
partial deletion in the preamble to the
direct final Notice of Partial Deletion,
and those reasons are incorporated
herein. If we receive no adverse
comment(s) on this partial deletion
action, we will not take further action
on this Notice of Intent for Partial
Deletion. If we receive adverse
comment(s), we will withdraw the
direct final Notice of Partial Deletion,
and it will not take effect. We will, as
appropriate, address all public
comments in a subsequent final Notice
of Partial Deletion based on this Notice
of Intent for Partial Deletion. We will
not institute a second comment period
on this Notice of Intent for Partial
Deletion. Any parties interested in
commenting must do so at this time.
For additional information, see the
direct final Notice of Partial 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, 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: August 31, 2010.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2010–22488 Filed 9–8–10; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2009–0041]
[MO 92210–0–008]
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To List the Jemez Mountains
Salamander (Plethodon
neomexicanus) as Endangered or
Threatened With Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Notice of 12–month petition
finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
12–month finding on a petition to list
the Jemez Mountains salamander
(Plethodon neomexicanus) as an
endangered or threatened species and to
designate critical habitat under the
Endangered Species Act of 1973, as
amended (Act). After review of all
available scientific and commercial
information, we find that listing the
Jemez Mountains salamander as
endangered or threatened throughout its
range is warranted. Currently, however,
listing the Jemez Mountains salamander
is precluded by higher priority actions
to amend the Lists of Endangered and
Threatened Wildlife and Plants. Upon
publication of this 12–month petition
finding, we will add the Jemez
Mountains salamander to our candidate
species list. We will develop a proposed
rule to list the Jemez Mountains
salamander as our priorities allow. We
will make any determination on critical
habitat during development of the
proposed rule. In the interim period, we
will address the status of the candidate
taxon through our annual Candidate
Notice of Review (CNOR).
DATES: The finding announced in this
document was made on September 9,
2010.
SUMMARY:
This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
FWS-R2-ES-2009-0041. Supporting
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours by contacting the
U.S. Fish and Wildlife Service, New
Mexico Ecological Services Office, 2105
Osuna NE, Albuquerque, NM 87113.
Please submit any new information,
materials, comments, or questions
concerning this finding to the above
address.
ADDRESSES:
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Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Proposed Rules]
[Pages 54821-54822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22488]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL-9198-7]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List; Intent for Partial Deletion of the Denver
Radium Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a Notice of Intent to Delete each of the 11 operable units, with the
exception of groundwater contamination associated with Operable Unit 8,
of the Denver Radium Superfund Site (Site), located in the City and
County of Denver, Colorado, from the National Priorities List (NPL) and
requests public comments on this proposed action. Groundwater
associated with Operable Unit 8 will remain on the NPL. 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 Colorado, through the
Colorado Department of Public Health and Environment, have determined
that all appropriate response actions at these identified parcels under
CERCLA, other than operations and maintenance and five-year reviews,
have been completed. However, this deletion does not preclude future
actions under Superfund.
This partial deletion pertains to each of the 11 operable units of
the Denver Radium Superfund Site. Groundwater contamination associated
with Operable Unit 8 will remain on the NPL and is not being considered
for deletion at this time.
DATES: Comments must be received by October 12, 2010.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: dalton.john@epa.gov.
Fax: 303-312-7110 (Attention: John Dalton, Public Affairs
and Involvement).
Mail: John Dalton, Public Affairs and Involvement (8OCPI),
U.S. EPA
[[Page 54822]]
Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-
6633.
Hand delivery: Environmental Protection Agency, 1595
Wynkoop Street, Denver, Colorado. 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-
1983-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at: U.S.
Environmental Protection Agency Region 8 Records Center, 1595 Wynkoop
Street, Denver, CO 80202, Hours: M-F, 8 a.m. to 4 p.m., Colorado
Department of Public Health and the Environment, 4300 Cherry Creek
Drive South, Denver, CO 80246, Hours: M-F, 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Project Manager (8EPR-
SR), U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6552, thomas.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of
today's Federal Register, we are publishing a direct final Notice of
Partial Deletion for each of the 11 operable units, with the exception
of groundwater contamination associated with Operable Unit 8, of the
Denver Radium Superfund Site without prior Notice of Intent for Partial
Deletion because EPA views this as a noncontroversial revision and
anticipates no adverse comment. We have explained our reasons for this
partial deletion in the preamble to the direct final Notice of Partial
Deletion, and those reasons are incorporated herein. If we receive no
adverse comment(s) on this partial deletion action, we will not take
further action on this Notice of Intent for Partial Deletion. If we
receive adverse comment(s), we will withdraw the direct final Notice of
Partial Deletion, and it will not take effect. We will, as appropriate,
address all public comments in a subsequent final Notice of Partial
Deletion based on this Notice of Intent for Partial Deletion. We will
not institute a second comment period on this Notice of Intent for
Partial Deletion. Any parties interested in commenting must do so at
this time.
For additional information, see the direct final Notice of Partial
Deletion which is located in the Rules section of this Federal
Register.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, 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: August 31, 2010.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2010-22488 Filed 9-8-10; 8:45 am]
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