[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 63994-63995]
[FR Doc No: 2015-26937]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0635; FRL-9936-06-ORD]

Board of Scientific Counselors (BOSC) Chemical Safety for
Sustainability Subcommittee; Public Teleconference Meeting--November
2015

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public teleconference meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the U.S. Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of a public teleconference meeting of
the Board of Scientific Counselors (BOSC) Chemical Safety for
Sustainability Subcommittee.

DATES: The teleconference meeting will be held on Tuesday, November 10,
2015, from 12:00 p.m. to 2:00 p.m., Eastern Time. The teleconference
may adjourn early if all business is finished or may adjourn late if
additional time is needed. Any member of the public interested in
receiving a draft agenda, attending the teleconference, or making a
presentation during the teleconference may contact Megan Fleming, the
Designated Federal Officer, via any of the contact methods listed in
the FOR FURTHER INFORMATION CONTACT section below. Requests will be
accepted up to one business day before the meeting.

ADDRESSES: Participation in the meeting will be by teleconference only;
meeting rooms will not be used. Members of the public may obtain the
call-in number and access code for the call from Megan Fleming, the
Designated Federal Officer, via any of the contact methods listed in
the FOR FURTHER INFORMATION CONTACT section below.
    Submitting Comments: Submit your comments, identified by Docket ID
No. EPA-HQ-ORD-2015-0635, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: Send comments by electronic mail (email) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2015-0635.
     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2015-0635.
     Mail: Send comments by mail to: Board of Scientific
Counselors (BOSC) Chemical Safety for Sustainability Subcommittee
Docket, Mail Code: 2822T, 1301 Constitution Ave. NW.,

Washington, DC, 20004, Attention Docket ID No. EPA-HQ-ORD-2015-0635.
     Hand Delivery or Courier: Deliver comments to: EPA Docket
Center (EPA/DC), Room 3334, William Jefferson Clinton West Building,
1301 Constitution Ave. NW., Washington, DC, Attention Docket ID No.
EPA-HQ-ORD-2015-0635. Note: This is not a mailing address. 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-ORD-
2015-0635. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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 the EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/.
    Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Board of Scientific
Counselors (BOSC) Chemical Safety for Sustainability Subcommittee
Docket, EPA/DC, William Jefferson Clinton West Building, Room 3334,
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 ORD Docket is (202)
566-1752.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Megan Fleming, Mail Code 8104R, Office of Science Policy,
Office of Research and Development, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; via phone/
voice mail at:<PHONE_NUMBER>; or via email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    General Information: The teleconference is open to the public. Any
member of the public interested in receiving a draft agenda, attending
the teleconference, or making a presentation during the teleconference
may contact Megan Fleming, the Designated Federal Officer, via any of
the contact methods listed in the FOR FURTHER INFORMATION CONTACT
section above. In general, each individual making an oral presentation
will be limited to a total of three minutes. Teleconference
deliberations will focus on draft report findings and recommendations
from an October 2015 meeting. Documents from the October meeting are
available for viewing and downloading at: http://www2.epa.gov/bosc/chemical-safety-sustainability-bosc-subcommittee-meeting-documents.
Proposed agenda items for the teleconference include, but are not
limited to, the following: Presentation and discussion of the
subcommittee's draft responses to the charge questions and approval of
the final draft letter report prior to its submission to the BOSC
Executive Committee.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Megan Fleming at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability, please
contact Megan Fleming, preferably at least ten days prior to the
teleconference, to give the EPA as much time as possible to process
your request.

    Dated October 15, 2015.
Fred S. Hauchman,
Director, Office of Science Policy.
[FR Doc. 2015-26937 Filed 10-21-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38770-38772]
[FR Doc No: 2021-15545]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34333; 812-15219]

Capital Southwest Corporation, et al.; Notice of Application

July 16, 2021.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 18(a) and 61(a) of the Act.

Applicants:  Capital Southwest Corporation (the ``Company''), Capital
Southwest SBIC I, LP (the ``Capital Southwest SBIC''), and Capital
Southwest SBIC I GP, LLC (the ``SBIC GP'').

Summary of the Application:  The Company requests an order to permit it
to adhere to a modified asset coverage requirement.

Filing Dates:  The application was filed on April 21, 2021, and amended
on July 14, 2021.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on August 10, 2021, and should be
accompanied by proof of service on applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-

5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES: Secretary, U.S. Securities and Exchange Commission,
<EMAIL_ADDRESS>Applicants: Mr. Bowen S. Diehl, Chief
Executive Officer and President, Capital Southwest Corporation, at
<EMAIL_ADDRESS>and Mr. Michael S. Sarner, Chief Financial
Officer, Secretary and Treasurer, Capital Southwest Corporation at
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at
(202) 551-6811, or Kaitlin C. Bottock, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Company, a Texas corporation, is an internally managed, non-
diversified, closed-end management investment company that has elected
to be regulated as a business development company (``BDC'') under the
Act.\1\ The Company's investment objective is to produce attractive
risk-adjusted returns by generating current income from its debt
investments and capital appreciation from its equity and equity related
investments.
---------------------------------------------------------------------------

    \1\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in section 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
---------------------------------------------------------------------------

    2. Capital Southwest SBIC, a Delaware limited partnership, received
approval for a license from the Small Business Administration (``SBA'')
to operate as a small business investment company (``SBIC'') under the
Small Business Investment Act of 1958 (``SBIA''). Capital Southwest
SBIC relies on the exclusion from the definition of investment company
contained in section 3(c)(7) of the Act. The SBIC GP is the sole
general partner of Capital Southwest SBIC and the Company is the sole
member of the SBIC GP. The Company is the sole limited partner of
Capital Southwest SBIC. The Company, directly through the SBIC GP,
wholly owns Capital Southwest SBIC.

Applicants' Legal Analysis

    1. The Company requests an exemption pursuant to section 6(c) of
the Act from the provisions of sections 18(a) and 61(a) of the Act to
permit it to adhere to a modified asset coverage requirement with
respect to any direct or indirect wholly-owned subsidiary of the
Company that is licensed by the SBA to operate under the SBIA as an
SBIC and relies on section 3(c)(7) for an exclusion from the definition
of ``investment company'' under the Act (each, a ``SBIC
Subsidiary'').\2\ Applicants state that companies operating under the
SBIA, such as the Capital Southwest SBIC, are subject to the SBA's
substantial regulation of permissible leverage in their capital
structure.
---------------------------------------------------------------------------

    \2\ All existing entities that currently intend to rely on the
order are named as applicants. Any other existing or future entity
that may rely on the order in the future will comply with the terms
and condition of the order.
---------------------------------------------------------------------------

    2. Section 18(a) of the Act prohibits a registered closed-end
investment company from issuing any class of senior security or selling
any such security of which it is the issuer unless the company complies
with the asset coverage requirements set forth in that section. Section
61(a) of the Act makes section 18 applicable to BDCs, with certain
modifications. Section 18(k) exempts an investment company operating as
an SBIC from the asset coverage requirements for senior securities
representing indebtedness that are contained in section 18(a)(1)(A) and
(B).
    3. Applicants state that the Company may be required to comply with
the asset coverage requirements of section 18(a) (as modified by
section 61(a)) on a consolidated basis because the Company may be
deemed to be an indirect issuer of any class of senior security issued
by Capital Southwest SBIC or another SBIC Subsidiary. Applicants state
that applying section 18(a) (as modified by section 61(a)) on a
consolidated basis generally would require that the Company treat as
its own all assets and any liabilities held directly either by itself,
by Capital Southwest SBIC, or by another SBIC Subsidiary. Accordingly,
the Company requests an order under section 6(c) of the Act exempting
the Company from the provisions of section 18(a) (as modified by
section 61(a)), such that senior securities issued by each SBIC
Subsidiary that would be excluded from its individual asset coverage
ratio by section 18(k) if it were itself a BDC would also be excluded
from the Company's consolidated asset coverage ratio.
    4. Section 6(c) of the Act, in relevant part, permits the
Commission to exempt any transaction or class of transactions from any
provision of the Act if and to the extent that such exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act. Applicants state that the requested relief
satisfies the section 6(c) standard. Applicants contend that, because
the Capital Southwest SBIC would be entitled to rely on section 18(k)
if it were a BDC, there is no policy reason to deny the benefit of that
exemption to the Company.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    The Company will not itself issue or sell any senior security and
the Company will not cause or permit Capital Southwest SBIC or any
other SBIC Subsidiary to issue or sell any senior security of which the
Company, Capital Southwest SBIC or any other SBIC Subsidiary is the
issuer except to the extent permitted by section 18 (as modified for
BDCs by section 61); provided that, immediately after the issuance or
sale of any such senior security by any of the Company, Capital
Southwest SBIC or any other SBIC Subsidiary, the Company, individually
and on a consolidated basis, shall have the asset coverage required by
section 18(a) (as modified by section 61(a)). In determining whether
the Company, Capital Southwest SBIC and any other SBIC Subsidiary on a
consolidated basis have the asset coverage required by section 18(a)
(as modified by section 61(a)), any senior securities representing
indebtedness of Capital Southwest SBIC or another SBIC Subsidiary if
that SBIC Subsidiary has issued indebtedness that is held or guaranteed
by the SBA shall not be considered senior securities and, for purposes
of the definition of ``asset coverage'' in section 18(h), shall be
treated as indebtedness not represented by senior securities.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15545 Filed 7-21-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44452-44453]
[FR Doc No: 2014-18048]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9914-60-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed
consent decree to address a lawsuit filed by the Center for Biological
Diversity in the United States District Court for the Northern District
of California: Center for Biological Diversity v. McCarthy, Civil
Action No. 4:13-cv-5142-SBA (N.D. Cal.). On November 5, 2013, Plaintiff
filed a complaint; on January 28, 2014, Plaintiff filed a first amended
complaint; and on January 30, 2014, Plaintiff filed a second amended
complaint. Plaintiff alleged that Gina McCarthy, in her official
capacity as Administrator of the United States Environmental Protection
Agency (``EPA''), failed to: (a) Perform a mandatory duty to find that
certain states failed to submit nonattainment state implementation
plans (``SIPs'') for named areas designated nonattainment for the 2006
fine particulate matter, or PM2.5, National Ambient Air
Quality Standard (``NAAQS''); and (b) take timely final action to
approve or disapprove, in whole or in part, certain 2006
PM2.5 NAAQS nonattainment SIP submissions addressing
nonattainment new source review from states for named areas. The
proposed consent decree would establish deadlines for EPA to take some
of these actions.

DATES: Written comments on the proposed consent decree must be received
by September 2, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0553, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Karen Bennett Bianco, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460;

telephone:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the
Center for Biological Diversity seeking to compel the Administrator to
take actions under CAA sections 110(k)(1)-(4). Under the terms of the
proposed consent decree, EPA would agree to sign a notice of final
rulemaking to approve, disapprove, or approve in part and disapprove in
part, certain nonattainment new source review plans no later than the
date indicated for the following areas designated nonattainment for the
2006 PM2.5 NAAQS: (a) Los Angeles--South Coast, California
area by April 15, 2015; (b) San Joaquin Valley, California area by
September 1, 2014; and (c) Fairbanks, Alaska area by December 31, 2014.
If either California or Alaska withdraws a listed submittal, then EPA's
obligation to take the required action is automatically terminated.
    Under the terms of the proposed consent decree, EPA will deliver
notice of each action to the Office of the Federal Register for review
and publication within 15 days of signature. In addition, the proposed
consent decree outlines the procedure for the Plaintiff to request
costs of litigation, including attorney fees.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who are not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the consent decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by OGC-2014-
0553) contains a copy of the proposed consent decree. The official
public docket is available for public viewing at the Office of
Environmental Information (OEI) Docket in the EPA Docket Center, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA
Docket Center 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<PHONE_NUMBER>, and the telephone number
for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and access those documents in the public docket
that are available electronically. Once in the system, key in the
appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: July 23, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-18048 Filed 7-30-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51266-51271]
[FR Doc No: 2011-21123]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL- 9452-3]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Barceloneta Landfill
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region II is
publishing a direct final Notice of Deletion of the Barceloneta
Landfill Superfund Site (Site), located in Florida Afuera, Puerto Rico,
from the National Priorities List (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). This direct final deletion is being published
by EPA with the concurrence of the Commonwealth of Puerto Rico, through
the Puerto Rico Environmental Quality Board, because EPA has determined
that all appropriate response actions under CERCLA, other than
operation, maintenance, and five-year reviews, have been completed.
However, this deletion does not preclude future actions under
Superfund.

DATES: This direct final deletion is effective October 3, 2011 unless
EPA receives adverse comments by September 19, 2011. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions
for submitting comments.
     E-mail: Luis E. Santos, Remedial Project Manager,
<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Luis E. Santos, Remedial Project Manager, U.S.
Environmental Protection Agency, Region II, Caribbean Protection
Division, Centro Europa Building, Suite 417, Ponce de Le[oacute]n

Ave., Stop 22, San Juan, Puerto Rico 00907-4127.
     Hand delivery: U.S. Environmental Protection Agency,
Region II, Caribbean Protection Division, Centro Europa Building, Suite
417, Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127. 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
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 http://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 http://www.regulations.gov or in hard copy at:

U.S. Environmental Protection Agency, Region II, 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.

     Or

U.S. Environmental Protection Agency, Region II, Caribbean
Environmental Protection Division, Centro Europa Building, Suite 417,
1492, Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127, Phone:<PHONE_NUMBER>, Hours: 8:30 a.m. to 4:30 p.m.--Monday
through Friday (excluding holidays), Contact: Luis E. Santos.

FOR FURTHER INFORMATION CONTACT: Luis E. Santos, Remedial Project
Manager, U.S. Environmental Protection Agency, Region II, telephone at
(787) 977-5824; fax at<PHONE_NUMBER>; or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region II is publishing this direct final Notice of Deletion of
the Barceloneta Landfill Superfund Site (Site), from the National
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part
300, which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which EPA promulgated pursuant to section 105
of the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of
sites that appear to present a significant risk to public health,
welfare, or the environment. Sites on the NPL may be the subject of
remedial actions financed by the Hazardous Substance Superfund (Fund).
As described in 300.425(e) (3) of the NCP, sites deleted from the NPL
remain eligible for Fund-financed remedial actions if future conditions
warrant such actions.
    Because EPA considers this action to be noncontroversial and
routine, this action will be effective October 3, 2011 unless EPA
receives adverse comments by September 19, 2011. Along with this direct
final Notice of Deletion, EPA is co-publishing a Notice of Intent to
Delete in the ``Proposed Rules'' section of the Federal Register. If
adverse comments are received within the 30-day public comment period
on this deletion action, EPA will publish a timely withdrawal of this
direct final Notice of Deletion before the effective date of the
deletion, and the deletion will not take effect. EPA will, as
appropriate, prepare a response to comments and continue with the
deletion process on the basis of the Notice of Intent to Delete and the
comments already received. There will be no additional opportunity to
comment.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Barceloneta Landfill
Superfund Site and demonstrates how it meets the deletion criteria.
Section V discusses EPA's action to delete the Site from the NPL unless
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121 (c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the Commonwealth of Puerto Rico prior to

developing this direct final Notice of Deletion and the Notice of
Intent to Delete co-published today in the ``Proposed Rules'' section
of the Federal Register.
    (2) EPA has provided the state 30 working days for review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the Commonwealth, through the Puerto Rico
Environmental Quality Board, has concurred on the deletion of the Site
from the NPL.
    (3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, El
Norte y Puerto Rico Daily Sun. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent to Delete the
Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
    (5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following summary provides the Agency's rationale for
recommending deletion of the Barceloneta Landfill Superfund Site from
the NPL:

Site Background and History

    The Barceloneta Landfill, an inactive non-hazardous domestic and
industrial waste disposal facility, is located in Barceloneta, Puerto
Rico on the north coast of the island, approximately 20 miles due west
of San Juan. The Landfill is about 4.5 kilometers south of the Town of
Barceloneta in Florida Afuera Ward. The property which contains the
Barceloneta Landfill is approximately 32.6 hectares (80.6 acres) in
size and is owned by the Municipality of Barceloneta. The Landfill is
surrounded by a tropical forest. The Quebrada Cimarrona, a tributary of
the Rio Grande de Manat[iacute], is located 0.8 kilometers north of the
Landfill. A small residential area of approximately 150 residences in
Barrio Bajura Adentro is located approximately one kilometer east of
the Landfill. Approximately two kilometers north of the Landfill, in an
area with more gentle topographic relief, there are a series of
manufacturing facilities. The nearest village is Cruce Magueyes,
located approximately two kilometers to north-west of the Landfill. The
residences in the area of the Landfill are served by a public water
supply system that uses ground water as a source.
    The property contained three surface depressions which were used
for waste disposal. These waste disposal areas are known as the
northern, southern, and southeastern disposal areas. Each disposal area
was located in a depression or ``sumidero'' (sinkhole) that is
surrounded by conical limestone hills referred to as ``mogotes''. The
three waste disposal areas cover about 15 acres. The northern disposal
area is separated into two sections by an access road. The southern
disposal area was also known as the Superfund disposal area or ``El
Superfondo''. The northern and southern disposal areas were filled and
inactive at the time of the 1996 Record of Decision (ROD). The
southeastern disposal area remained active until December 31, 1998.
Although the southern disposal area was known as the Superfund disposal
area, all three disposal areas are covered by the Superfund National
Priorities List (NPL) site listing and were addressed under CERCLA.
    The Barceloneta Landfill is located in a belt of rugged karst
topography that extends along the north coast from 30 kilometers (19
miles) east of San Juan to the west of the island. In the vicinity of
the Site, this belt is located from about one kilometer south of the
coast to about 20 kilometers (12 miles) inland. North (seaward) of this
rugged karst region is a belt of relatively flat coastal plain
sediments. South (landward), the rugged karst terrain transitions into
the central mountainous core of the island. Features of this karst
landscape include numerous sumideros, steep scarp cliffs on the mogotes
and adjoining ridges which surround the sumideros, and a lack of
surface streams or drainage features associated with individual
sumideros.
    The Site is underlain by the northern limestone province of Puerto
Rico which consists of blanket deposits, the Aymamon Limestone, the
Aguada Limestone, the Cibao Formation, and the Lares Formation.
Groundwater exists under unconfined conditions in the Aymamon and
Aguada Limestones and under confined conditions in the Cibao and Lares
Formations. Groundwater flow is to the north.
    Groundwater in this area of the northern province discharges to the
Rio Grande de Manat[iacute] (river) and the Cano Tiburones (wetlands)
which are 2.7 kilometers (1.7 miles) north of the Site. Groundwater
also feeds the Ojo de Guillo spring located 1 kilometer (0.6 miles)
northeast of the Site.
    The property on which the Barceloneta Landfill is located was
purchased by the Municipality of Barceloneta during the early 1970s.
Preparation of the Site for landfill use began in April 1972, and the
landfill operations commenced in August 1973. Reportedly, the Landfill
was initially approved to receive both municipal and industrial waste,
but was restricted to only municipal waste disposal in 1975. However,
disposal of industrial wastes appears to have continued past 1975.
Specific dates of active filling in each of the three disposal areas
are difficult to determine given the lack of detailed record keeping.
The Puerto Rico Environmental Quality Board (EQB) has information which
indicates that the Landfill (all three disposal areas) was used in the
late 1970's for disposal of wastes which contained hazardous
substances. Personnel from EQB and the Department of Health conducted
numerous inspections of the Site and listed various violations. These
violations included: Insufficient cover material; allowing refuse to
burn; the presence of flies, rats and mosquitoes; allowing unlimited
access to the Landfill; and, allowing people to inhabit structures in
the Landfill. The Site was proposed for inclusion on the NPL in
December 1982 (47 FR 58476), and was subsequently approved and listed
as an NPL site in September 1983 (48 FR 40658). No activities were
conducted using EPA removal authority at this site. The site property
consists mainly of forested areas which provide a habitat for various
plant, insect and animal species. In order to protect the landfill cap,
trees will not be allowed to grow on the capped area. However, grasses
will be permitted to grow and it is expected that the landfill areas
will be comparable to surrounding ecology. No reuse is planned for the
site.

Remedial Investigation/Feasibility Study
    In 1984, a Remedial Action Master Plan (RAMP) was prepared by an
EPA contractor for the Site. Based on the RAMP, a Remedial
Investigation and Feasibility Study (RI/FS) Work Plan was developed. In
September 1990, Consent Order was signed in which ten Settling
Defendents (SDs) agreed to perform the RI/FS for the Site. Pursuant to
the Work Plan, sampling of subsurface soils, ground water and surface
water was completed. The first phase of the RI was completed in 1992
and the second phase of the RI field work was completed in January
1994. A final RI report was received by EPA in March 1995 and the
streamlined Risk Assessment was completed in May 1995. An abbreviated
Final FS was conducted in accordance with EPA's Presumptive Remedy
approach and was received by EPA in September 1995.
    Consistent with EPA's Presumptive Remedy approach, EPA conducted a
streamlined baseline Risk Assessment by comparing the levels of
contaminants in ground water to MCLs. These levels were exceeded,
indicating that the Landfill is a source of contamination to the ground
water and therefore remedial measures are necessary to protect human
health and the environment. EPA's Risk Assessment indicated that the
levels of contaminants present in the ground water pose a relatively
low long-term threat to the human health. However, if no action were to
be taken with respect to the Landfill, the continued release of
contaminants into ground water could potentially result in a greater
risk at some point in the future. Therefore, based on the results of
the Risk Assessment, it was determined that actual or threatened
release of hazardous substances from this Site present a threat to
public health, welfare, or the environment.

Selected Remedy

    On July 5, 1996, the Regional Administrator signed a ROD. The
following remedial action objectives were established for the Site:
     To prevent direct contact with waste material;
     To reduce or eliminate the potential for the Landfill
disposal areas to release hazardous substances to ground water;
     To reduce or eliminate the potential for migration of
hazardous substances to ground water downgradient of the Landfill;
     To prevent the migration of and control Landfill gas; and
     To minimize any potential future impacts of hazardous
substances that may migrate into environmental media.

The major components of the selected remedy are as follow:

     Installing a low permeability cover system for the three
Landfill cells meeting the requirements of the RCRA Subtitle D and
Puerto Rico's Regulations Governing Landfill Closure. This cover system
or landfill cap(s) will further reduce infiltration of precipitation
water into the landfill and reduce leachate generation thus mitigating
impacts to ground water.
     Regrading the Site and installing storm water management
improvements at the Site to reduce infiltration of storm water into the
Landfill and reduce leachate generation.
     Conducting long term ground water and surface water
monitoring to evaluate the effectiveness of the cover system. It is
anticipated that monitoring will be conducted on a quarterly basis for
the first year, semi-annually for the next four years, and then
annually. Monitoring will include the eight existing monitoring wells.
Initially, the wells will be sampled for a broad parameter list. The
list has been developed based on constituents detected above Safe
Drinking Water Act Maximum Contaminant Levels in the Remedial
Investigation and on the requirements of the RCRA Subtitle D and Puerto
Rico's Regulation Governing Landfill Closure (RMNHSW). After the first
five years, the parameter list would be reviewed and those parameters
not detected above standards would be omitted. The exact long term
ground water monitoring program will be further defined remedial design
(RD).
     Conducting a landfill gas survey during predesign to
determine the necessity of a landfill gas collection system. The
appropriate type of system, if necessary, will be determined during RD.
     Implementing a long term operation and maintenance program
for the cover system which will include inspection of the system and
provision for repair.
     Recommending to appropriate authorities that institutional
controls be emplaced. Institutional controls are recommended in order
to protect the integrity of the landfill cover system and to reduce
potential exposure to landfill contents. The institutional controls
will include recommending that zoning restrictions be applied to the
Site to limit future land use and recommending that a deed restriction
be established to limit future land and ground-water use.
     Installing a perimeter fence with signs to restrict
access.
     Reevaluating Site conditions at least once every five
years to determine if a modification of the selected remedy is
necessary.

Response Actions

    A September 30, 1997 Consent Decree (CD) memorialized a settlement
whereby ten parties agreed to implement the remedy which was selected
in the ROD. The SDs hired M&S Ingenieria y Ciencia Asociados who
prepared remedial design plans and specifications, which EPA approved
on September 17, 1999. On December 16, 1999, EPA approved the Remedial
Action Work Plan and M&S Ingenieria y Ciencia Asociados as the Settling
Defendants proposed a remedial action contractor.
    During the RD activities a new area of waste disposal was
discovered at the Site outside the limits of the three waste cells
delineated for closure in the ROD. The waste was located in a sinkhole
which lies immediately to the east of the Superfund cell. In agreement
with EPA & EQB, the SDs relocated this waste material and performed a
clean closure. This waste was incorporated and capped with the waste in
Superfund disposal area.
    The gas venting system was constructed on the Site. The gas venting
system is monitored by the PRPs' contractor and results reviewed by
EPA. The system is functioning as intended and it is not a necessity
landfill gas collection system.
    The groundwater monitoring program was developed during the RD
phase: The system included the eight existing monitoring wells. It was
determined that groundwater sampling would be conducted quarterly for
the first year, semi-annually for the next four years, and then
conducted annually. It was determined that the wells would be sampled
for a broad parameter list developed based on constituents detected
above MCLs and SDWS in the RI, RCRA Subtitle D requirements, and Puerto
Rico's Regulation Governing Landfill Closure. This initial list of
parameters included:
     Volatile Organic Compounds of Concern (VOCs). Only l,l-
dichloroethane was detected above MCLs during the RI. However, a more
conservative approach that included the complete EPA Method Scan for
volatile organic compounds was implemented.
     Metals of Concern include mercury, chromium, manganese and
nickel. These were detected above MCLs and SDWS during the RI.
    After the first five years, the parameter list would be reviewed
and those parameters not detected above standards would be omitted; The
O&M Plan, dated March 28, 2000, and approved by EPA, establishes the
criteria used to reevaluate and modify

the number of wells and list of parameters sampled.
    EPA approved early Remedial Actions to be carried out prior to the
final approval of the Remedial Design Report. These activities included
the excavation and stockpiling of clay and the excavation and
relocation of waste from the discovered waste area. These activities
were started on September 7, 1999. The Remedial Action on-site
construction started in January 24, 2000 and was completed on August
30, 2000.
    On September 5, 2000, EPA and the State conducted a prefinal
inspection and notified the Settling Defendants to proceed with the
development of the draft Remedial Action (RA) Report. Punch list items
identified during the prefinal inspection will be addressed in the
final inspection. On September 27, 2001, EPA approved the final RA
Report.
    The Municipality of Barceloneta has implemented the Institutional
Controls at the Site. The Institutional Controls including zoning
restrictions and a deed restriction are in place. These controls were
implemented at Barceloneta Landfill Deed on February 22, 2010.
Cleanup Goals
    The ROD called for conducting long-term groundwater monitoring to
evaluate the effectiveness of the cover system, ensure that the
concentrations of contaminants in the groundwater are decreasing over
time, and monitor the natural attenuation of contaminants within the
plume.
    MW-3, has had only one parameter, 1,1-dichloroethene, exceeding
MCLs during the two years of monitoring. However, on two consecutive
monitoring periods (March 2003 and October 2003), the results for 1,1-
dichloroethene were non-detect and 4.9 mg/l, respectively, and below
the MCL of 7 mg/l. Based on the June 2004 groundwater monitoring report
for the Site and according to the criteria in the O&M Plan, on
September 2004, groundwater monitoring was reduced to five of the
original eight wells and to the following parameters: mercury,
chromium, manganese and nickel. These five wells are currently sampled
annually. Mercury and chromium are monitored to ensure that levels
remain below MCLs. Chromium was identified below the MCLs for three
consecutive monitoring events it was omitted from the parameter list
according to the O&M Plan, dated March 28, 2000. Since the ROD was
signed, the MCL and MCLG were remanded for nickel. As a result, EPA no
longer has an enforceable legal limit for nickel in drinking water.
Therefore, mercury, nickel and manganese contaminant concentrations are
still monitoring but there is no MCL threshold. The remaining five
wells (MW-1, MW-4, MW-6, MW-7 and MW-8) are currently sampled annually.
    Since 2004, the results of the Site Groundwater Analytical Results
are summarized on a well by well basis below:
     MW-1, the background well, had concentrations below MCLs
and SDWS for manganese, mercury and nickel during the Spring 2011
sampling event. These results showed similar concentrations to the last
annual sampling event in March 2010.
     MW-4, located in the middle of the site, had
concentrations of mercury below the MCL of 0.002 mg/L (0.00132 mg/L)
during the Spring 2011 sampling event. These concentrations have
decreased since 2004. Manganese and nickel were below SDWS during this
sampling event.
     MW-6, a downgradient well, had concentrations of mercury
below the MCL of 0.002 mg/L during the Spring 2011 sampling event.
These concentrations have been consistently below the MCL since 2004.
Nickel was found at a concentration of 0.192 mg/L. Concentrations of
nickel at this well continue to decrease compared to previous sampling
events. Manganese was detected above the SDWS and shows concentrations
similar to the March 2010 sampling event.
     MW-7, a downgradient well, had concentrations of mercury,
nickel and manganese below MCLs and SDWS. The last sampling event of
March 2010 also showed concentrations similar to this sampling event.
     MW-8, a downgradient well, had concentrations of mercury,
nickel and manganese below MCLs and SDWS. The last two sampling events,
October 2009 and March 2010, show all parameters below MCLs and SDWS.
    In summary, all wells monitored at the site show contaminants below
MCLs. Although nickel and manganese are present in groundwater, these
contaminants do not have an enforceable MCL and will continue to be
monitored.
Operation and Maintenance
    Currently, five groundwater monitoring wells are sampled and
analyzed on an annually basis for mercury, manganese and nickel, and
the results are compared to the Maximum Contaminant Levels or Secondary
Drinking Water Standards identified in the Record of Decision. The five
groundwater monitoring wells are designated MW-1, MW-4, MW-6, MW-7 and
MW-8 will continue to be monitored by annual inspections and the five-
year review process.
Five-Year Review
    Hazardous substances were not remediated to levels that would allow
for unlimited use and unrestricted exposure, therefore the five-year
review requirement of Section 121(c) of CERCLA, as amended, is
applicable. On August 2005 and 2010 respectively, two five-year reviews
(FYR) were conducted. In August 2010, the FYR concluded that the remedy
at the Barceloneta Landfill currently protects human health and the
environment in the short term because all remedy components are
functioning as intended and institutional controls are in place to
prevent exposure to contaminated groundwater. In order for the remedy
to be protective in the long term, the O & M plan should be reviewed to
ensure that the appropriate monitoring wells are being sampled and the
correct analytes are being reported.
    Since the FYR was conducted, EPA requested the PRP to review the O
& M plan to ensure that the appropriate monitoring wells are being
sampled and the correct analytes are being reported. It was concluded
that the correct monitoring wells are being sampled and the appropriate
parameters are being evaluated and reported. However, because Chromium
was identified below the MCL for three consecutive periods, it was
omitted from the parameter list. The groundwater will continue to be
monitored annually based on the criteria identified in the 2000 O&M
Plan.
    In addition, the ROD stated that surface water monitoring would be
conducted. After the FYR was completed, it was concluded that surface
water sampling would not be conducted because there was no surface
waters present at the Site. The nearest surface water is the Ojo de
Guillo, a spring located 1 kilometer (0.6 miles) northeast of the Site.
Therefore, this recommendation was not implemented.
    The next FYR will be completed on or before August 30, 2015.
Community Involvement
    Public participation activities for this Site have been satisfied
as required in CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and
9617. Throughout the remedial process, EPA and the Puerto Rico
Department of Environmental Quality have kept the public informed of
the activities being conducted at the Site by way of public meetings,
progress fact sheets, and the announcement through local newspaper
advertisement on the availability of documents such as the RI/FS, Risk

Assessment, ROD, Proposed Plan and Five-Year Reviews.
Determination That the Site Meets the Criteria for Deletion in the NCP
    EPA has determined that this Site poses no significant threat to
public health or the environment because the landfill has been capped,
removing direct contact exposure (i.e., ingestion or dermal contact of
soil) to the public. In addition, the Municipality of Barceloneta put
in place deed restrictions for future land use and groundwater
extraction. The potential impacts to the groundwater have been
addressed and groundwater monitoring indicates MCLs are being met at
the landfill unit boundary. Groundwater monitoring will continue to
ensure groundwater protection continues to be achieved.

V. Deletion Action

    The EPA, with concurrence of the Puerto Rico Environmental Quality
Board, has determined that all appropriate response actions under
CERCLA, other than operation, maintenance, monitoring and five-year
reviews have been completed. Therefore, EPA is deleting the Site from
the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective October 3, 2011 unless EPA receives adverse comments by
September 19, 2011. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion, and it will not take effect. EPA will prepare a response to
comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.

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.

    Dated: August 8, 2011.
Judith Enck,
Regional Administrator, Region 2.

    For the reasons set out in this document, 40 CFR part 300 is
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    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.

0
2. Table 1 of Appendix B to part 300 is amended by removing Barceloneta
Landfill'', ``Florida Afuera, PR''.

[FR Doc. 2011-21123 Filed 8-17-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8416-8417]
[FR Doc No: 2013-02597]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2013-0002]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are
finalized for the communities listed below. These modified BFEs will be
used to calculate flood insurance premium rates for new buildings and
their contents.

DATES: The effective dates for these modified BFEs are indicated on the
following table and revise the Flood Insurance Rate Maps (FIRMs) in
effect for the listed communities prior to this date.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFE determinations are
available for inspection.
    The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.

    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities.
    These modified BFEs are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after these
elevations are made final, and for the contents in those buildings. The
changes in BFEs are in accordance with 44 CFR 65.4.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p.376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Date and name of
         State and county           Location and case No.     newspaper where      Chief executive officer          Effective date of         Community
                                                            notice was published         of community                 modification               No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Texas:
    Bexar (FEMA Docket No.: B-      City of San Antonio    September 27, 2011;    The Honorable              September 20, 2011............       480045
     1234).                          (11-06-1217P).         October 4, 2011; The   Juli[aacute]n Castro,
                                                            San Antonio Express-   Mayor, City of San
                                                            News.                  Antonio, 100 Military
                                                                                Plaza, San Antonio, TX
                                                                                78205.
    Grimes (FEMA Docket No.: B-     Unincorporated areas   November 9, 2011;      The Honorable Betty        May 2, 2012...................       481173
     1237).                          of Grimes County (11-  November 16, 2011;     Shiflett, Grimes County
                                     06-2364P).             The Navasota           Judge, 100 Main Street,
                                                            Examiner.              Anderson, TX 77830.
    Guadalupe (FEMA Docket No.: B-  City of Schertz (11-   November 28, 2011;     The Honorable Harold       April 3, 2012.................       480269
     1244).                          06-1933P).             December 5, 2011;      Baldwin, Mayor, City of
                                                            The Daily Commercial   Schertz, 1400 Schertz
                                                            Recorder.              Parkway, Schertz, TX
                                                                                78154.
    Guadalupe (FEMA Docket No.: B-  City of Selma (11-06-  November 28, 2011;     The Honorable Tom Daly,    April 3, 2012.................       480046
     1244).                          1933P).                December 5, 2011;      Mayor, City of Selma,
                                                            The Daily Commercial   9375 Corporate Drive,
                                                            Recorder.              Selma, TX 78154.
    Hays (FEMA Docket No.: B-1248)  City of Buda (11-06-   December 7, 2011;      The Honorable Sarah        April 12, 2012................       481640
                                     4776P).                December 14, 2011;     Mangham, Mayor, City of
                                                            The Hays Free Press.   Buda, 121 Main Street,
                                                                                Buda, TX 78610.
    Tarrant (FEMA Docket No.: B-    City of Keller (10-06- April 8, 2010; April   The Honorable Pat          April 1, 2010.................       480602
     1225).                          0163P).                15, 2010; The Fort     McGrail, Mayor, City of
                                                            Worth Star-Telegram.   Keller, 1100 Bear Creek
                                                                                Parkway, Keller, TX
                                                                                76248.
    Wichita (FEMA Docket No.: B-    City of Wichita Falls  November 29, 2011;     The Honorable Glenn        April 4, 2012.................       480662
     1244).                          (11-06-1179P).         December 6, 2011;      Barham, Mayor, City of
                                                            The Times Record       Wichita Falls, 1300 7th
                                                            News.                  Street, Wichita Falls,
                                                                                TX 76301.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2013-02597 Filed 2-5-13; 8:45 am]
BILLING CODE 9110-12-P