Proposed Rule Staying Numeric Limitation for the Construction and Development Point Source Category, 68305-68306 [2010-28034]

Download as PDF Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules mstockstill on DSKH9S0YB1PROD with PROPOSALS § 152.96 Claim of data gap. (a) When a data gap may be claimed. Except as provided in paragraph (b) of this section, an applicant may defer his/ her obligation to satisfy an applicable data requirement until the Agency requires the data if no other person has previously submitted to the Agency a valid study that would satisfy the data requirement in question. (b) When a data gap may not be claimed—(1) Product containing a new active ingredient. An applicant for registration of a product containing a new active ingredient may not defer his/ her obligation by claiming a data gap unless he/she can demonstrate to the Agency’s satisfaction that the data requirement was imposed so recently that insufficient time has elapsed for the study to have been completed and that, in the public interest, the product should be registered during the limited period of time required to complete the study. Refer to FIFRA section 3(c)(7)(C). (2) Product not containing a new active ingredient. An applicant for registration of a product under FIFRA section 3(c)(7)(A) or (B) (a product not containing a new active ingredient) may not defer his/her obligation by claiming a data gap if the data are: (i) Data needed to determine whether the product is identical or substantially similar to another currently registered product or differs only in ways that would substantially increase the risk of unreasonable adverse effects on the environment. (ii) Efficacy data specific to the product, if required to be submitted to the Agency. (iii) If a new use is proposed for a product that is identical or substantially similar to an existing product, data to demonstrate whether the new use would substantially increase the risk of unreasonable adverse effects on the environment. (c) Approval of application with a data gap claim. (1) In accordance with § 152.115(a), any registration that is approved based upon a data gap claim shall be conditioned on the submission of the data no later than the time that the data are required to be submitted for similar products already registered. (2) Notwithstanding paragraph (c)(1) of this section, the Agency will not approve an application if it determines that the data for which a data gap claim has been made are needed to determine if the product meets the requirements of FIFRA section 3(c)(5) or 3(c)(7). 12. Section 152.97 is revised to read as follows: VerDate Mar<15>2010 16:38 Nov 04, 2010 Jkt 223001 § 152.97 Rights and obligations regarding the Data Submitters List. (a) Each original data submitter shall have the right to be included on the Agency’s Data Submitters List. (b) Each original data submitter who wishes to have his/her name added to the current Data Submitters List must submit to the Agency the following information: (1) Name and current address. (2) Chemical name, common name (if any) and CAS number (if any) of the active ingredient(s), with respect to which he/she is an original data submitter. (3) For each such active ingredient, the type(s) of study he/she has previously submitted (identified by reference to data/information requirements listed in part 158 of this chapter or part 161 of this chapter as applicable), the date of submission, and the EPA registration number, file symbol, or other identifying reference for which it was submitted. (c) Each applicant not already included on the Data Submitters List for a particular active ingredient must inform the Agency at the time of submission of a relevant study whether he/she wishes to be included on the Data Submitters List for that pesticide. 13. Section 152.99 is amended by removing paragraph (a)(2)(iv), redesignating paragraphs (a)(2)(v) and (a)(2)(vi) as (a)(2)(iv) and (a)(2)(v), and revising newly redesignated paragraph (a)(2)(iv) to read as follows: § 152.99 Petitions to cancel registration. * * * * * (a) * * * (2) * * * (iv) The applicant has falsely or improperly claimed that a data gap existed at the time of his/her application. [FR Doc. 2010–27906 Filed 11–4–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 450 [EPA–HQ–OW–2010–0884; FRL–9222–3] Proposed Rule Staying Numeric Limitation for the Construction and Development Point Source Category Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to stay the numeric effluent limitation of 280 NTU and associated monitoring requirements SUMMARY: PO 00000 Frm 00084 Fmt 4702 Sfmt 4702 68305 for the Construction and Development Point Source Category. This action is necessary so that EPA can reconsider the record basis for calculating the numeric effluent limitation. EPA plans to take final action to recalculate the numeric effluent limitation by June 29, 2011. EPA proposes to stay the 280 NTU limit and associated monitoring requirements until it takes final action to recalculate the numeric limitation. DATES: Comments must be received on or before December 6, 2010. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OW–2010–0884, by one of the following methods: • https://www.regulations.gov: This is EPA’s preferred approach, although you may use the alternatives presented below. Follow the on-line instructions for submitting comments. • E-mail: OW-Docket@epa.gov. • Mail: USEPA Docket Center, Environmental Protection Agency, Docket Number EPA–HQ–OW–2010– 0884, Mailcode 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: USEPA Docket Center, Public Reading Room, 1301 Constitution Ave., NW., Room 3334, EPA West Building, Washington, DC 20004. 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–OW–2010– 0884. 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 E:\FR\FM\05NOP1.SGM 05NOP1 68306 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 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 USEPA Docket Center, Public Reading Room, Room 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC. 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, and the telephone number for the EPA Docket Center is (202) 566– 2426. FOR FURTHER INFORMATION CONTACT: Janet Goodwin, USEPA Office of Water by phone at (202) 566–1060 or by e-mail at goodwin.janet@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? Regulated Entities Entities potentially regulated by this action include: North American industry classification system (NAICS) code Category Examples of regulated entities Industry .................. Construction activities required to obtain 236 NPDES permit coverage and performing the following activities: Construction of buildings, including building, developing and general contracting. Heavy and civil engineering construction, including land subdivision. EPA does not intend the preceding table to be exhaustive, but provides it as a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your facility is regulated by this action, you should carefully examine the applicability criteria in 40 CFR 450.10 (74 FR 62995) and the definition of ‘‘storm water discharges associated with industrial activity’’ and ‘‘storm water discharges associated with small construction activity’’ in existing EPA regulations at 40 CFR 122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have questions regarding the applicability of this action to a particular site, consult the person listed for technical information in the preceding FOR FURTHER INFORMATION CONTACT section. mstockstill on DSKH9S0YB1PROD with PROPOSALS II. Discussion of Direct Final Rulemaking EPA is proposing to stay the provisions of 40 CFR 450.22(a) and (b) that contain the numeric limitation and associated monitoring requirements for the Construction and Development Point Source category. This stay is necessary to reconsider the record underlying the calculation of the 280 NTU numeric limitation. After the numeric limitation was promulgated, and based on EPA’s examination of the dataset underlying the 280 NTU limit, EPA concluded that it improperly VerDate Mar<15>2010 16:38 Nov 04, 2010 Jkt 223001 interpreted the data and, as a result, the calculations in the existing administrative record are no longer adequate to support the 280 NTU effluent limitation. EPA intends to expeditiously conduct a separate rulemaking to correct the numeric effluent limitation. Until the new rulemaking is effective, it is proposed that the stay will remain in place. EPA expects to complete a notice and comment rulemaking to correct the data error by May 30, 2011 so that the revised numeric limitation will be effective by June 29, 2011. An effective date of June 29, 2011 for the corrected numeric limit will enable EPA to incorporate the revised numeric limit and associated monitoring requirements in EPA’s Construction General Permit. In the ‘‘Rules and Regulations’’ section of today’s Federal Register, we are issuing this stay as a direct final rule without prior proposal because we view this stay as noncontroversial and anticipate no adverse comment. We have described the justification for the stay in the direct final rule. If EPA receives no adverse comment on either of these two actions, the Agency will not take further action on this proposed rule. If EPA receives adverse comment on either of these two actions, the Agency will publish a timely withdrawal of the direct final rule in the Federal Register. We would then address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. PO 00000 Frm 00085 Fmt 4702 Sfmt 4702 236 237 For the various statutes and Executive Orders that require findings for each rulemaking, EPA incorporates the findings from the direct final rulemaking into this companion notice for the purpose of providing public notice and opportunity for comment. List of Subjects in 40 CFR Part 450 Environmental protection, Construction industry, Land development, Erosion, Sediment, Stormwater, Water pollution control. Dated: November 1, 2010. Lisa P. Jackson, Administrator. [FR Doc. 2010–28034 Filed 11–4–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2009–0669; FRL–8849–7] RIN 2070–AB27 Modification of Significant New Uses of 2-Propen-1-one, 1-(4-morpholinyl)Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Under the Toxic Substances Control Act (TSCA), EPA is proposing to amend the significant new use rule (SNUR) for 2–Propen-1-one, 1-(4morpholinyl)- (CAS No. 5117–12–4) to allow certain uses without requiring a significant new use notice (SNUN). EPA SUMMARY: E:\FR\FM\05NOP1.SGM 05NOP1

Agencies

[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Proposed Rules]
[Pages 68305-68306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28034]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 450

[EPA-HQ-OW-2010-0884; FRL-9222-3]


Proposed Rule Staying Numeric Limitation for the Construction and 
Development Point Source Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to stay the numeric effluent limitation of 
280 NTU and associated monitoring requirements for the Construction and 
Development Point Source Category. This action is necessary so that EPA 
can reconsider the record basis for calculating the numeric effluent 
limitation. EPA plans to take final action to recalculate the numeric 
effluent limitation by June 29, 2011. EPA proposes to stay the 280 NTU 
limit and associated monitoring requirements until it takes final 
action to recalculate the numeric limitation.

DATES: Comments must be received on or before December 6, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2010-0884, by one of the following methods:
     https://www.regulations.gov: This is EPA's preferred 
approach, although you may use the alternatives presented below. Follow 
the on-line instructions for submitting comments.
     E-mail: OW-Docket@epa.gov.
     Mail: USEPA Docket Center, Environmental Protection 
Agency, Docket Number EPA-HQ-OW-2010-0884, Mailcode 2822T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: USEPA Docket Center, Public Reading Room, 
1301 Constitution Ave., NW., Room 3334, EPA West Building, Washington, 
DC 20004. 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-OW-2010-
0884. 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

[[Page 68306]]

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 USEPA Docket 
Center, Public Reading Room, Room 3334, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC. 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, and the telephone number for the EPA Docket Center is (202) 
566-2426.

FOR FURTHER INFORMATION CONTACT: Janet Goodwin, USEPA Office of Water 
by phone at (202) 566-1060 or by e-mail at goodwin.janet@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

Regulated Entities
    Entities potentially regulated by this action include:

------------------------------------------------------------------------
                                                        North American
                                                           industry
           Category            Examples of regulated    classification
                                      entities          system (NAICS)
                                                             code
------------------------------------------------------------------------
Industry.....................  Construction                          236
                                activities required
                                to obtain 236 NPDES
                                permit coverage and
                                performing the
                                following
                                activities:
                                Construction of
                                buildings, including
                                building, developing
                                and general
                                contracting.
                               Heavy and civil                       237
                                engineering
                                construction,
                                including land
                                subdivision.
------------------------------------------------------------------------

    EPA does not intend the preceding table to be exhaustive, but 
provides it as a guide for readers regarding entities likely to be 
regulated by this action. This table lists the types of entities that 
EPA is now aware could potentially be regulated by this action. Other 
types of entities not listed in the table could also be regulated. To 
determine whether your facility is regulated by this action, you should 
carefully examine the applicability criteria in 40 CFR 450.10 (74 FR 
62995) and the definition of ``storm water discharges associated with 
industrial activity'' and ``storm water discharges associated with 
small construction activity'' in existing EPA regulations at 40 CFR 
122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have questions 
regarding the applicability of this action to a particular site, 
consult the person listed for technical information in the preceding 
FOR FURTHER INFORMATION CONTACT section.

II. Discussion of Direct Final Rulemaking

    EPA is proposing to stay the provisions of 40 CFR 450.22(a) and (b) 
that contain the numeric limitation and associated monitoring 
requirements for the Construction and Development Point Source 
category. This stay is necessary to reconsider the record underlying 
the calculation of the 280 NTU numeric limitation. After the numeric 
limitation was promulgated, and based on EPA's examination of the 
dataset underlying the 280 NTU limit, EPA concluded that it improperly 
interpreted the data and, as a result, the calculations in the existing 
administrative record are no longer adequate to support the 280 NTU 
effluent limitation. EPA intends to expeditiously conduct a separate 
rulemaking to correct the numeric effluent limitation. Until the new 
rulemaking is effective, it is proposed that the stay will remain in 
place. EPA expects to complete a notice and comment rulemaking to 
correct the data error by May 30, 2011 so that the revised numeric 
limitation will be effective by June 29, 2011. An effective date of 
June 29, 2011 for the corrected numeric limit will enable EPA to 
incorporate the revised numeric limit and associated monitoring 
requirements in EPA's Construction General Permit. In the ``Rules and 
Regulations'' section of today's Federal Register, we are issuing this 
stay as a direct final rule without prior proposal because we view this 
stay as noncontroversial and anticipate no adverse comment. We have 
described the justification for the stay in the direct final rule. If 
EPA receives no adverse comment on either of these two actions, the 
Agency will not take further action on this proposed rule. If EPA 
receives adverse comment on either of these two actions, the Agency 
will publish a timely withdrawal of the direct final rule in the 
Federal Register. We would then address all public comments in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.
    For the various statutes and Executive Orders that require findings 
for each rulemaking, EPA incorporates the findings from the direct 
final rulemaking into this companion notice for the purpose of 
providing public notice and opportunity for comment.

List of Subjects in 40 CFR Part 450

    Environmental protection, Construction industry, Land development, 
Erosion, Sediment, Stormwater, Water pollution control.

    Dated: November 1, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-28034 Filed 11-4-10; 8:45 am]
BILLING CODE 6560-50-P
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