National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List: Deletion of the Spiegelberg Landfill Superfund Site, 20605-20606 [2011-8880]

Download as PDF Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. D. Unfunded Mandates Reform Act This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531– 1538 for State, local, or tribal governments or the private sector.’’ EPA has determined that the proposed disapproval action does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This action proposes to disapprove pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action. srobinson on DSKHWCL6B1PROD with PROPOSALS We continue to be interested in the potential impacts of this proposed rule on small entities and welcome comments on issues related to such impacts. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks E. Executive Order 13132, Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This proposed action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, because it merely disapproves certain State requirements for inclusion into the SIP and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Thus, Executive Order 13132 does not apply to this action. F. Executive Order 13175, Coordination With Indian Tribal Governments This proposed action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP EPA is proposing to disapprove would not apply in Indian country located in the VerDate Mar<15>2010 18:03 Apr 12, 2011 Jkt 223001 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 proposed action is not subject to Executive Order 13045 because it because it is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997).This proposed SIP disapproval under section 110 and subchapter I, part D of the Clean Air Act will not in-and-of itself create any new regulations but simply disapproves certain State requirements for inclusion into the SIP. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution or Use This proposed action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. The EPA believes that this proposed action is not subject to requirements of Section 12(d) of NTTAA because application of those requirements would be inconsistent with the Clean Air Act. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 20605 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 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. EPA lacks the discretionary authority to address environmental justice in this proposed action. In reviewing SIP submissions, EPA’s role is to approve or disapprove state choices, based on the criteria of the Clean Air Act. Accordingly, this action merely proposes to disapproves certain State requirements for inclusion into the SIP under section 110 and subchapter I, part D of the Clean Air Act and will not inand-of itself create any new requirements. Accordingly, it does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898. K. Statutory Authority The statutory authority for this action is provided by section 110 of the CAA, as amended (42 U.S.C. 7410). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Particulate matter. Dated: April 5, 2011. Al Armendariz, Regional Administrator, Region 6. [FR Doc. 2011–8995 Filed 4–12–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–9291–5] National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List: Deletion of the Spiegelberg Landfill Superfund Site Environmental Protection Agency (EPA). ACTION: Proposed rule: notice of intent. AGENCY: E:\FR\FM\13APP1.SGM 13APP1 20606 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules The U.S. Environmental Protection Agency (EPA) Region 5 is issuing a Notice of Intent to Delete the Spiegelberg Landfill Superfund Site (Site) located in Green Oak Township, Michigan 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, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Michigan, through the Michigan Department of Environmental Quality, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. DATES: Comments must be received by May 13, 2011. 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: Howard Caine, Remedial Project Manager, at caine.howard@epa.gov or Cheryl Allen, Community Involvement Coordinator, at allen.cheryl@epa.gov. • Fax: Gladys Beard, Deletion Process Manager, at (312) 697–2077. • Mail: Howard Caine, Remedial Project Manager, U.S. Environmental Protection Agency (SR–6J), 77 W. Jackson Boulevard, Chicago, IL 60604, (312) 353–9685, or Cheryl Allen, Community Involvement Coordinator, U.S. Environmental Protection Agency (SI–7J), 77 W. Jackson Boulevard, Chicago, IL 60604, (312) 353–6196 or (800) 621–8431. • Hand Delivery: Cheryl Allen, Community Involvement Coordinator, U.S. Environmental Protection Agency (SI–7J), 77 W. Jackson Blvd., Chicago, IL 60604. Such deliveries are only accepted during the docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. The normal business hours are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding holidays. 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 srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:03 Apr 12, 2011 Jkt 223001 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 may not be 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 at https:// www.regulations.gov or in hard copy at: • U.S. Environmental Protection Agency—Region 5, 77 W. Jackson Boulevard, Chicago, IL 60604, Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. • Hamburg Township Library, 10411 Merrill Road., P.O. Box 247, Hamburg, MI 48139, (810) 231–1771, Hours: Monday through Thursday, 9 a.m. to 8 p.m.; Friday 12 p.m. to 6 p.m. and Saturday 9 a.m. to 5 p.m. FOR FURTHER INFORMATION CONTACT: Howard Caine, Remedial Project Manager, U.S. Environmental Protection Agency (SR–6J), 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353–9685, caine.howard@epa.gov. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ section of today’s Federal Register, we are publishing a direct final Notice of PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 Deletion of the Spiegelberg Landfill 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 Notice of Deletion 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 and Regulations 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: April 5, 2011. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2011–8880 Filed 4–12–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2011–0002; Internal Agency Docket No. FEMA–B–1188] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities SUMMARY: E:\FR\FM\13APP1.SGM 13APP1

Agencies

[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20605-20606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8880]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9291-5]


National Oil and Hazardous Substance Pollution Contingency Plan 
National Priorities List: Deletion of the Spiegelberg Landfill 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: notice of intent.

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

[[Page 20606]]

SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 5 is 
issuing a Notice of Intent to Delete the Spiegelberg Landfill Superfund 
Site (Site) located in Green Oak Township, Michigan 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, as amended, is an appendix of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). EPA and the 
State of Michigan, through the Michigan Department of Environmental 
Quality, have determined that all appropriate response actions under 
CERCLA have been completed. However, this deletion does not preclude 
future actions under Superfund.

DATES: Comments must be received by May 13, 2011.

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: Howard Caine, Remedial Project Manager, at 
caine.howard@epa.gov or Cheryl Allen, Community Involvement 
Coordinator, at allen.cheryl@epa.gov.
     Fax: Gladys Beard, Deletion Process Manager, at (312) 697-
2077.
     Mail: Howard Caine, Remedial Project Manager, U.S. 
Environmental Protection Agency (SR-6J), 77 W. Jackson Boulevard, 
Chicago, IL 60604, (312) 353-9685, or Cheryl Allen, Community 
Involvement Coordinator, U.S. Environmental Protection Agency (SI-7J), 
77 W. Jackson Boulevard, Chicago, IL 60604, (312) 353-6196 or (800) 
621-8431.
     Hand Delivery: Cheryl Allen, Community Involvement 
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 W. 
Jackson Blvd., Chicago, IL 60604. Such deliveries are only accepted 
during the docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. The normal business 
hours are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
holidays.
    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 may not be 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 at https://www.regulations.gov or in hard copy at:

     U.S. Environmental Protection Agency--Region 5, 77 W. 
Jackson Boulevard, Chicago, IL 60604, Hours: Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
     Hamburg Township Library, 10411 Merrill Road., P.O. Box 
247, Hamburg, MI 48139, (810) 231-1771, Hours: Monday through Thursday, 
9 a.m. to 8 p.m.; Friday 12 p.m. to 6 p.m. and Saturday 9 a.m. to 5 
p.m.

FOR FURTHER INFORMATION CONTACT: Howard Caine, Remedial Project 
Manager, U.S. Environmental Protection Agency (SR-6J), 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 353-9685, caine.howard@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 Spiegelberg Landfill 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 Notice of Deletion 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 and Regulations 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: April 5, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-8880 Filed 4-12-11; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.