[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Proposed Rules]
[Page 3183-3187]
[DOCID:fr20ja10-22]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-1186; FRL-9104-6]

Approval and Promulgation of Air Quality Implementation Plan:
Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-
Hour Ozone Standard for the Owensboro Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the Kentucky State
Implementation Plan (SIP) concerning the maintenance plan addressing
the 1997 8-hour ozone standard for the Owensboro 8-hour ozone
attainment area, which comprises Daviess County and a portion of
Hancock County (hereafter referred to as the ``Owensboro Area''). This
maintenance plan was submitted to EPA on May 27, 2008, by the
Commonwealth of Kentucky, and ensures the continued attainment of the
1997 8-hour ozone national ambient air quality standard (NAAQS) through
the year 2020. On July 15, 2009, the Commonwealth of Kentucky submitted
supplemental information with updated emissions tables to reflect
actual emissions for this Area. EPA proposes to find that this plan
meets the statutory and regulatory requirements, and is consistent with
EPA's guidance. EPA is proposing to approve the revisions to the
Kentucky SIP, pursuant to Section 110 of the Clean Air Act (CAA). On
March 12, 2008, EPA issued a revised ozone standard. The current
action, however, is being taken to address requirements under the 1997
ozone standard. Requirements for the Owensboro Area under the 2008
standard will be addressed in the future.

DATES: Comments must be received on or before February 19, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-1186, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2007-1186, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-1186. 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
through http://www.regulations.gov or e-mail, information that you
consider to be CBI or otherwise protected. 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9152. Mr. Farngalo can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of the Commonwealth's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    In accordance with the CAA, the Owensboro Area, consisting of
Daviess County and a portion of Hancock County in Kentucky, was
designated as marginal nonattainment for the 1-hour ozone NAAQS
effective November 6, 1991 (56 FR 56694) because the Area did not meet
the 1-hour ozone NAAQS. On November 13, 1992, the Commonwealth of
Kentucky submitted a request to redesignate the Owensboro Area to
attainment for the 1-hour ozone standard. At the same time as the
redesignation request, Kentucky submitted the required ozone monitoring
data and maintenance plan to ensure that the Owensboro Area would
remain in attainment for the 1-hour ozone standard for a period of 10
years, consistent with the CAA section 175A. The maintenance plan
submitted by Kentucky followed EPA guidance for limited maintenance
areas, which applied to 1-hour ozone standard areas with design values
lower than 85 percent of the applicable standard (0.12 parts per
million (ppm)). On February 7, 1995, EPA approved Kentucky's request to
redesignate the Owensboro Area (60 FR 7124) to attainment for the 1-
hour ozone standard.
    On April 30, 2004, EPA designated areas for the 1997 8-hour ozone
NAAQS (69 FR 23858), and published the final Phase I Implementation
Rule for the 1997 8-hour ozone NAAQS (69 FR 23951) (Phase I Rule).
Daviess County and a portion of Hancock County (i.e., which make up the
Owensboro Area) were designated as attainment for the 1997 8-hour ozone
standard, effective June 15, 2004. The Owensboro attainment area
consequently was required to submit a 10-year maintenance plan under
section 110(a)(1) of the CAA and the Phase I Rule, 40 CFR 51.905(a)(3)
and (4). On May 20, 2005, EPA issued guidance providing information on
how a state might fulfill the maintenance plan obligation established
by the CAA and the Phase I Rule (Memorandum from Lydia N. Wegman to Air
Division Directors, Maintenance Plan Guidance Document for Certain 8-
hour Ozone Areas Under Section 110(a)(1) of Clean Air Act, May 20,
2005--hereafter referred to as ``Wegman Memorandum''). On December 22,
2006, the United States Court of Appeals for the District of Columbia
Circuit issued an opinion that vacated portions of EPA's Phase I
Implementation Rule for the 1997 8-hour ozone standard. See South Coast
Air Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
The Court vacated those portions of the Rule that provided for
regulation of the 1997 8-hour ozone nonattainment areas designated
under Subpart 1 in lieu of Subpart 2 (of part D of the CAA), among
other portions. The Court's decision did not alter any requirements
under the Phase I Rule for section 110(a)(1) maintenance plans. EPA is
proposing to find that Kentucky's May 27, 2008, proposed SIP revision
satisfies the section 110(a)(1) CAA requirements for a plan that
provides for implementation, maintenance, and enforcement of the 1997
8-hour ozone NAAQS in the Owensboro Area. On March 12, 2008, EPA issued
a revised ozone standard. The current action, however, is being taken
to address requirements under the 1997 ozone standard. Requirements for
the Owensboro Area under the 2008 standard will be addressed in the
future.

II. Analysis of the Commonwealth's Submittal

    On May 27, 2008, the Commonwealth of Kentucky submitted a SIP
revision containing a 1997 8-hour ozone maintenance plan for the
Owensboro Area as required by section 110(a)(1) of the CAA and the
provisions of EPA's Phase I Rule (see 40 CFR 51.905(a)(4)). The purpose
of this maintenance plan is to ensure continued attainment and
maintenance of the 1997 8-hour ozone NAAQS in the Owensboro Area until
2020.
    As required, this plan provides for continued attainment and
maintenance of the 1997 8-hour ozone NAAQS in the Owensboro Area for 10
years from the effective date of the Area's designation as attainment
for the 1997 8-hour ozone NAAQS, and includes contingency measures. A
July 15, 2009, submittal from Kentucky updated the emissions
projections for point sources for 2005 and 2008 with actual data, and
revised the point source projections for 2011, 2014, 2017 and 2020
based on more recent data. Each of the section 110(a)(1) plan
components for the Owensboro Area is discussed below.
    (a) Attainment Inventory. In order to demonstrate maintenance in
the Owensboro Area, Kentucky developed comprehensive inventories of
volatile

organic compounds (VOC) and nitrogen oxide (NOX) emissions
from area, stationary, and mobile sources using 2002 as the base year.
The year 2002 is an appropriate year for Kentucky to base attainment
level emissions, because states may select any one of the three years
on which the 1997 8-hour attainment designation was based (2001, 2002,
and 2003). The Commonwealth's submittal contains the detailed inventory
data and summaries by source category. Using the 2002 inventory (as a
base year) reflects one of the years used for calculating the air
quality design value on which the 1997 8-hour ozone designation for the
Area was based.
    A further practical reason for selecting 2002 as the base year
emission inventory is that section 110(a)(2)(B) of the CAA and the
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002)
require states to submit emissions inventories for all criteria
pollutants and their precursors every three years, on a schedule that
includes the emissions year 2002. The due date for the 2002 emissions
inventory is established in the Rule as June 2004. In accordance with
these requirements, Kentucky compiles a statewide emissions inventory
for point sources on an annual basis. On-road mobile emissions of VOC
and NOX were estimated using MOBILE6.2 motor vehicle
emissions factor computer model. Non-road mobile emissions data were
derived using the U.S. EPA's Non-Road Model.
    In projecting data for the attainment year 2020 inventory, Kentucky
used several methods to project data from the base year 2002 to the
years 2005, 2008, 2011, 2014, 2017 and 2020. These actual and projected
inventories were developed using EPA-approved technologies and
methodologies. Point source and non-point source projections were
derived from the Emissions Growth Analysis System version 4.0 (EGAS
4.0). Non-road mobile projections were derived from EGAS 4.0, as well
as from the National Mobile Inventory Model.
    The following tables provide VOC and NOX emissions data
for the 2002 base attainment year inventory; as well as actual VOC and
NOX emission inventory data for 2005 and 2008, and projected
VOC and NOX emission inventory data for 2011, 2014, 2017 and
2020.

                                               Table 1. Owensboro Area\1\--VOC and NOX Emissions Inventory
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                          Emissions                                2002         2005         2008         2011         2014         2017         2020
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Total VOC (tons per day).....................................        18.97        14.54        14.42        14.09        13.85        13.79        13.81
Total NOX (tons per day).....................................        44.87        36.78        31.07        30.63        30.28        30.27        30.58
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    As shown in Table 1 above, the Owensboro Area total VOC and
NOX emissions are projected to decrease from the base year
of 2002 to the maintenance year of 2020, thus demonstrating continued
attainment/maintenance of the 1997 8-hour ozone standard. Total VOC
emissions are projected to steadily decrease from the base year of 2002
through 2017, but are then projected to slightly increase by 0.02 tons
per day (tpd) between the years 2017 and 2020. Additionally, total
NOX emissions steadily decreased from the base year of 2002
to 2017, but are then projected to slightly increase by 0.31 tpd.
However, year 2020 emissions projected for both VOC and NOX
are well under the 2002 baseline year emission levels. Thus EPA
proposes to find that Kentucky demonstrated that the 1997 8-hour ozone
standard will continue to be maintained.
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    \1\ These emissions estimates in this table were provided by
Kentucky on July 15, 2009, through John Lyons, Director, Division of
Air Quality, as an update to emissions estimates provided in the May
25, 2007 submittal.
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    As shown in the table above, Kentucky has demonstrated that the
future year emissions will be less than the 2002 base attainment year's
emissions for the 1997 8-hour ozone NAAQS. The attainment inventory
submitted by Kentucky for this Area is consistent with the criteria
discussed in the Wegman Memorandum. EPA finds that the actual emissions
levels in 2005, and 2008, along with the future emissions for 2011,
2014, 2017, and 2020 are expected to be less than the emissions levels
in 2002. See Table 2 for design value trends for this Area.
    In the event that a future 8-hour ozone monitoring reading in this
Area is found to violate the 1997 8-hour ozone standard, the
contingency plan section of the maintenance plan includes measures that
at least one of which will be promptly implemented to ensure that this
Area returns the maintenance of the 1997 8-hour ozone standard. Please
see section (d) Contingency Plan, below, for additional information
related to the contingency measures.
    (b) Maintenance Demonstration. The primary purpose of a maintenance
plan is to demonstrate how an area will continue to remain in
compliance with the 1997 8-hour ozone standard for the 10 year period
following the effective date of designation as unclassifiable/
attainment. The end projection year for the maintenance plan for
Owensboro Area was 2020. As discussed in section (a) Attainment
Inventory above, Kentucky identified the level of ozone-forming
emissions that were consistent with attainment of the NAAQS for ozone
in 2002. For the original submittal, Kentucky projected VOC and
NOX emissions for the years 2005, 2008, 2011, 2014, 2017 and
2020 in the Owensboro Area. Subsequently, Kentucky provided updated
projections for all the years. See Table 1. EPA proposes to find that
the future emissions levels in those years are expected to be below the
emissions levels in 2002.
    Kentucky's SIP revision also relies on a combination of several air
quality measures that will provide for additional 8-hour ozone
emissions reductions in the Owensboro Area. These measures include the
potential implementation of the following, among others: (1) Federal
motor vehicle control program; (2) fleet turnover of automobiles; (3)
low reid vapor pressure of gasoline; (4) tier 2 motor vehicle emissions
and fuel standards; (5) heavy-duty gasoline and diesel highway vehicles
standard; (6) large nonroad diesel engines rule; (7) nonroad spark
ignition engines and recreational engines standard; (8) point source
emission reductions; (9) Air Products and Chemicals -21-157-00009, (10)
reasonably available control measures, (11) maximum available control
technology; (12) NOX SIP Call; (13) Clean Air Interstate
Rule (CAIR) \2\; (14) several control programs to reduce area source
emissions from aerosol coatings, architectural and industrial
maintenance coatings, and commercial/consumer products; (15) non-
highway mobile source reductions; and (16) emissions standards for
small and large spark-ignition engines, locomotives and land based
diesel engines.
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    \2\ Despite the legal status of CAIR as remanded, many
facilities have already or are continuing with plans to install
emission controls that may benefit Kentucky areas.

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    There are no sources subject to CAIR or the NOX SIP Call
in the Owensboro Area. Hence the recent remand of CAIR does not impact
the maintenance inventories or maintenance demonstration in any way.
Further, the Owensboro Area was in attainment prior to implementation
of these rules. Hence any contribution to the reduction in the
background ozone levels from these rules will be in addition to the
projected decreases within the maintenance planning area. These rules
are included in the discussion of the maintenance plan because, even
though the submittal takes no credit for them, they are expected to
reduce transported NOX and ozone from outside the
nonattainment area, providing a further, unquantified improvement in
the Area's air quality.
    (c) Ambient Air Quality Monitoring. The table below shows
monitoring and design values \3\ for the Owensboro Area. The ambient
ozone monitoring data was collected at sites that were selected with
assistance from EPA and are considered to be representative of the area
of highest concentration.
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    \3\ The air quality design value at a monitoring site is defined
as that concentration that when reduced to the level of the standard
ensures that the site meets the standard. For a concentration-based
standard, the air quality design value is simply the standard-
related test statistic. Thus, for the primary and secondary ozone
standards, the 3-year average annual fourth-highest daily maximum 8-
hour average ozone concentration is also the air quality design
value for the site. 40 CFR Part 50, Appendix I, Section 3.
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    There is a monitor in Hancock and Daviess Counties in the Owensboro
Area. There was no design value exceeding the 1997 0.08 ppm standard
and it is anticipated that the monitors will remain at current
locations, unless otherwise allowed to be removed in consultation with
EPA and in accordance with the 40 CFR part 58. See, Wegman Memorandum,
pages 4 and 5.

                             Table 2--Monitoring and Design Values for 8-Hour Ozone
                                                      [ppm]
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                                                                      Owensboro area monitoring values
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                           Year                                                                    Area design
                                                             Daviess County    Hancock County         value
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2000-2002.................................................             0.077             0.083             0.083
2001-2003.................................................             0.076             0.082             0.082
2002-2004.................................................             0.073             0.080             0.080
2003-2005.................................................             0.072             0.073             0.073
2004-2006.................................................             0.074             0.073             0.074
2005-2007.................................................             0.081             0.076             0.081
2006-2008.................................................             0.077             0.076             0.077
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    Based on the Table above, each of the three-year average available
design values demonstrates attainment of the 1997 ozone NAAQS. The
design value for the area is the higher of the design values at either
of the monitors. Further, these design vales indicate that the
Owensboro Area is expected to continue attainment of the 1997 ozone
NAAQS. The attainment level for the 1997 8-hour ozone standard is 0.08
ppm, effectively 0.084 ppm with the rounding convention. However, in
the event that a design value at one of Owensboro Area monitoring sites
exceeds the 1997 8-hour ozone standard, the contingency plan included
in the Kentucky's maintenance plan submittal includes contingency
measures which will be promptly implemented in accordance with section
(d) Contingency Plan, below.
    (d) Contingency Plan. In accordance with 40 CFR 51.905(a)(4)(ii)
and the Wegman Memorandum, the section 110(a)(1) maintenance plan
includes contingency provisions to promptly correct any violation of
the 1997 8-hour ozone NAAQS that occurs. In this maintenance plan, if
contingency measures are triggered by a violation of the 8-hour ozone
NAAQS, Kentucky is committing to adopt one or more of the contingency
measures listed below, within nine months following the trigger, and
implement the measures within eighteen months following the trigger.
The contingency measures include: (1) Implementation of a program to
require additional emissions reductions on stationary sources; (2)
requirement for Stage I Vapor Recovery; (3) requirement of Stage II
Vapor Recovery; (4) open burning during summer ozone season; (5)
restriction of certain roads or lanes to, or construction of such roads
or lanes for use by, passenger buses or high-occupancy vehicles; (6)
trip-reduction ordinances; (7) employer-based transportation management
plans, including incentives; (8) programs to limit or restrict vehicle
use in downtown areas, or other areas of emissions concentration,
particularly during periods of peak use; and (9) programs for new
construction and major reconstructions of paths or tracks for use by
pedestrians or by non-motorized vehicles when economically feasible and
in the public interest.
    The maintenance plan also includes two additional triggers (which
would occur prior to a violation of the 1997 8-hour ozone NAAQS) for an
evaluation of existing control measures to see if any further emission
reduction measures should be implemented at that time. These triggers
are an exceedance of the NAAQS in any portion of the maintenance area
or a ten percent or greater increase in emissions of either VOC or
NOX, based on the 2002 emissions inventory and periodic
emission inventory updates. If either of these triggers occurs,
Kentucky commits to evaluating existing control measures to see if any
further emission reduction measures should be implemented.
    EPA proposes to find that these contingency measures and schedules
for implementation satisfy EPA's guidance on the requirements of
section 110(a)(1) of continued attainment. Continued attainment of the
1997 8-hour ozone NAAQS in the Owensboro Area will depend, in part, on
the air quality measures discussed previously (see section II). In
addition, Kentucky commits to verifying the 1997 8-hour ozone status in
each maintenance plan through annual and periodic evaluations of the
emissions inventories. In the annual evaluations, Kentucky will review
VOC and NOX emission data from stationary point sources.
During the periodic evaluations (every three years), Kentucky will
update the emissions inventory for all

emissions source categories, and compare the updated emissions
inventory data with actual 2005 and 2008, and projected 2011, 2014,
2017 and 2020 attainment emissions inventories to verify continued
attainment of the 1997 8-hour ozone standard.

III. Proposed Action

    Pursuant to section 110(a)(1) of the CAA, EPA is proposing to
approve the maintenance plan addressing the 1997 8-hour ozone standard
for the Owensboro Area, which was submitted by Kentucky on May 27,
2008, as updated in a July 15, 2009, submission, and which ensures
continued attainment of the 1997 8-hour ozone NAAQS through the year
2020. EPA has evaluated the Commonwealth's submittal and has determined
that it meets the applicable requirements of the CAA and EPA
regulations, and is consistent with EPA policy.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     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 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 4, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-971 Filed 1-19-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Proposed Rules]
[Page 54821-54822]
[DOCID:fr09se10-22]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9198-7]

National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List; Intent for Partial Deletion of the Denver
Radium Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a Notice of Intent to Delete each of the 11 operable units, with the
exception of groundwater contamination associated with Operable Unit 8,
of the Denver Radium Superfund Site (Site), located in the City and
County of Denver, Colorado, from the National Priorities List (NPL) and
requests public comments on this proposed action. Groundwater
associated with Operable Unit 8 will remain on the NPL. The NPL,
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
is an Appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and the State of Colorado, through the
Colorado Department of Public Health and Environment, have determined
that all appropriate response actions at these identified parcels under
CERCLA, other than operations and maintenance and five-year reviews,
have been completed. However, this deletion does not preclude future
actions under Superfund.
    This partial deletion pertains to each of the 11 operable units of
the Denver Radium Superfund Site. Groundwater contamination associated
with Operable Unit 8 will remain on the NPL and is not being considered
for deletion at this time.

DATES: Comments must be received by October 12, 2010.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (Attention: John Dalton, Public Affairs
and Involvement).
     Mail: John Dalton, Public Affairs and Involvement (8OCPI),
U.S. EPA

Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-
6633.
     Hand delivery: Environmental Protection Agency, 1595
Wynkoop Street, Denver, Colorado. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 8 Records Center, 1595 Wynkoop
Street, Denver, CO 80202, Hours: M-F, 8 a.m. to 4 p.m., Colorado
Department of Public Health and the Environment, 4300 Cherry Creek
Drive South, Denver, CO 80246, Hours: M-F, 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Project Manager (8EPR-
SR), U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-
1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of
today's Federal Register, we are publishing a direct final Notice of
Partial Deletion for each of the 11 operable units, with the exception
of groundwater contamination associated with Operable Unit 8, of the
Denver Radium Superfund Site without prior Notice of Intent for Partial
Deletion because EPA views this as a noncontroversial revision and
anticipates no adverse comment. We have explained our reasons for this
partial deletion in the preamble to the direct final Notice of Partial
Deletion, and those reasons are incorporated herein. If we receive no
adverse comment(s) on this partial deletion action, we will not take
further action on this Notice of Intent for Partial Deletion. If we
receive adverse comment(s), we will withdraw the direct final Notice of
Partial Deletion, and it will not take effect. We will, as appropriate,
address all public comments in a subsequent final Notice of Partial
Deletion based on this Notice of Intent for Partial Deletion. We will
not institute a second comment period on this Notice of Intent for
Partial Deletion. Any parties interested in commenting must do so at
this time.
    For additional information, see the direct final Notice of Partial
Deletion which is located in the Rules section of this Federal
Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: August 31, 2010.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2010-22488 Filed 9-8-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49543-49544]
[FR Doc No: 2013-19679]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0605]

Towing Safety Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Committee Management; Notice of Federal Advisory Committee
Meeting.

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

SUMMARY: The Towing Safety Advisory Committee (TSAC) and its
subcommittees will meet on September 4 through 6, 2013, in Chicago,
Illinois to discuss issues related to shallow draft inland, coastal
waterway navigation and towing safety. The meetings will be open to the
public.

DATES: TSAC subcommittees will meet Wednesday, September 4, 2013, from
10 a.m. to 5 p.m. The full TSAC committee will meet Thursday, September
5, 2013, from 8 a.m. to 5 p.m. and on Friday, September 6, 2013, from 8
a.m. to 12 noon. Please note that the meeting may close early if the
committee has completed its business.
    All submitted written materials, comments, and requests to make
presentations at the meetings should reach Mr. William J. Abernathy,
Alternate Designated Federal Officer (ADFO) for TSAC by August 28,
2013. For contact information, please see the FOR FURTHER INFORMATION
CONTACT section below. Any written material submitted by the public
will be distributed to the Committee and become part of the public
record.

ADDRESSES: All meetings will be held on the third floor at the Robert
G. Metcalfe Federal Building, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Though the building is a public facility, all attendees
will be required to provide government-issued picture identification
card in order to gain admittance to the facility. Also, individuals and
their belongings will be subject to screening at the point of entry.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Mr. William J. Abernathy.
    To facilitate public participation, we are inviting public comment
on the issues to be discussed by the committee as listed in the
``Agenda'' section below. Comments must be submitted in writing no
later than August 28, 2013, and must be identified by [Docket No. USCG-
2013-0605] and may be submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. (Preferred method to
avoid delays in processing.)
     Fax:<PHONE_NUMBER>
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316).
    Docket: This notice, and documents or comments related to it, may
be viewed in our online docket, USCG-2013-0605 at http://www.regulations.gov. The following link will take you directly to the
docket: http://www.regulations.gov/#!docketDetail;D=USCG-2013-0605.
    A separate public comment period will be offered following the
planned agenda. Public comments will be limited to three minutes per
speaker. Please note that the public comment period may end before the
time indicated following the last call for comments. Contact the
individuals listed below to register as a speaker.

FOR FURTHER INFORMATION CONTACT: Commander Robert L. Smith Jr.,
Designated Federal Officer (DFO) of TSAC; U.S. Coast Guard
Headquarters, Office of Operating and Environmental Standards (CG-OES-
2); 2100 Second Street SW. STOP 7126; Washington, DC 20593-7126.
Telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or email at:
<EMAIL_ADDRESS>or Mr. William J. Abernathy, ADFO TSAC; U.S.
Coast Guard Headquarters, CG-OES-2; 2100 Second Street SW. STOP 7126;
Washington, DC 20593-7126.

Telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or email at:
<EMAIL_ADDRESS>    If you have any questions on viewing or submitting material to the
docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).
    TSAC is an advisory committee established by statute. See 33 U.S.C.
1231a. The Committee acts solely in an advisory capacity to the
Secretary of the Department of Homeland Security (DHS) through the
Commandant of the Coast Guard and the Deputy Commandant for Operations
on matters relating to shallow-draft inland and coastal waterway
navigation and towing safety. TSAC will advise, consult with, and make
recommendations reflecting the Committee's independent judgment to the
Secretary on matters and actions concerning shallow-draft inland and
coastal waterway navigation and towing safety.

Agenda

TSAC Subcommittee Meetings

    The following subcommittees will meet on September 4, 2013, to
address:
     TASK 12-03, ``Recommendations for the Enhancement of
Towing Vessel Operational Stability.''
     TASK 12-05, ``Recommendations to Improve Operational,
Structural or Other Standards to Enhance Fire Prevention and
Containment Aboard Towing Vessels.''
     TASK 13-01, ``Recommendations for the Improvement of
Automatic Identification System Encoding for Towing Vessels.''
     TASK 13-02, ``Recommendations Regarding Manning of
Inspected Towing Vessels.''
     TASK 13-03, ``Recommendations to Create Standardized
Terminology for the Towing Industry.''
    Further information on the active Task Statements is located on the
TSAC Homeport site at the following address: https://homeport.uscg.mil/TSAC.

TSAC Meeting Agenda

    1. Introductions and opening remarks.
    2. Updates and reports from subcommittees scheduled to meet
September 4, 2013. The committee will review the information presented
on each issue, deliberate on any recommendations presented in the
subcommittees' reports, and formulate recommendations for the
Department's consideration.
    3. TSAC will receive tasking from the DFO for the following issues:
    a. Task Statement on ``Recommendations for Facility Permitting and
Construction so as to Not Impede Commercial Vessel Navigation.''
    b. Task Statement on ``Recommendations for Designation of Narrow
Channels.''
    c. Task Statement on ``Recommendations for the Repair, Maintenance,
and Utilization of Towing Gear.''
    d. Task Statement on ``Recommendations regarding the American
Waterways Operators' Report on Steel Hull Repair for Towing Vessels.''
    e. Task Statement on ``Recommendations for Requirements Related to
Use of Liquefied Natural Gas as a Marine Fuel.''
    f. Task Statement concerning the ``Recommendations for the
Improvement of Marine Casualty Reporting.''
    g. Task Statement on ``Recommendation to Establish Criteria for
Identification of Air Draft for Vessels and Towed Vessels.''
    4. Presentations on the following items of interest:
    a. Final National Pollutant Discharge Elimination System General
Permit for Discharges Incidental to the Normal Operation of a Vessel--
NPDES Vessel General Permit (VGP) (78 FR 21938, April 12, 2013).
    b. Case Study on Towing Vessel Safety by the Towing Vessel--
National Center of Expertise.
    c. Presentation on Towing Vessel Electronic Charting Navigation
Safety.
    d. Update on Towing Vessel Mariner Credentialing Policy Issues
    e. Waterways Analysis and Management System (WAMS) for reviewing a
waterway's Aid to Navigation system and Ports and Waterways Safety
Assessment (PAWSA); tools for assessing and controlling risks in local
waterways and to support safe marine navigation and the effective and
efficient flow of waterborne commerce.
    5. Public comment period.

    Dated: August 08, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2013-19679 Filed 8-13-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Rules and Regulations]
[Page 63058-63060]
[DOCID:fr14oc10-9]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0734 Directorate Identifier 2010-CE-036-AD;
Amendment 39-16474; AD 2010-21-14]
RIN 2120-AA64

Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A Model
PIAGGIO P-180 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Due to a manufacturing error, some rivets, required by drawings,
were not installed in the joints between two ceiling beams and the
rear pressurized bulkhead.
    If left uncorrected, long term fatigue stress could locally
weaken the structure, compromising the fuselage structural
integrity.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective November 18, 2010.
    On November 18, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 23, 2010 (75 FR
43105). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Due to a manufacturing error, some rivets, required by drawings,
were not installed in the joints between two ceiling beams and the
rear pressurized bulkhead.
    If left uncorrected, long term fatigue stress could locally
weaken the structure, compromising the fuselage structural
integrity.
    This AD requires the accomplishment of Piaggio Aero Industries
(PAI) Service Bulletin (SB) 80-0268 original issue, which contains
instructions to rework the affected area, thus restoring the
fuselage design strength as well as the fatigue specifications of
the structure.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information

provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 6 products of U.S. registry.
We also estimate that it will take about 30 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $100 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $15,900 or $2,650 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect 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.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-21-14 PIAGGIO AERO INDUSTRIES S.p.A: Amendment 39-16474; Docket
No. FAA-2010-0734; Directorate Identifier 2010-CE-036-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to PIAGGIO AERO INDUSTRIES S.p.A Model
PIAGGIO P-180 airplanes, serial numbers 1166 through 1175,
certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53:
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Due to a manufacturing error, some rivets, required by drawings,
were not installed in the joints between two ceiling beams and the
rear pressurized bulkhead.
    If left uncorrected, long term fatigue stress could locally
weaken the structure, compromising the fuselage structural
integrity.
    This AD requires the accomplishment of Piaggio Aero Industries
(PAI) Service Bulletin (SB) 80-0268 original issue, which contains
instructions to rework the affected area, thus restoring the
fuselage design strength as well as the fatigue specifications of
the structure.

Actions and Compliance

    (f) Unless already done, within 200 hours time-in-service (TIS)
after November 18, 2010 (the effective date of this AD), replace the
rivets of the joint brackets on the right-hand and left-hand beam
with ``Hi-Lok'' fasteners, following the accomplishment instructions
of PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.:
80-0268, REV. 0, dated December 18, 2008.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2010-0126, dated June 23, 2010; and PIAGGIO AERO INDUSTRIES S.p.A.
Service Bulletin (Mandatory) N.: 80-0268, REV. 0, dated December 18,
2008, for related information.

Material Incorporated by Reference

    (i) You must use PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin
(Mandatory) N.: 80-0268, REV. 0, dated December 18, 2008, to do the
actions

required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Piaggio Aero Industries S.p.a., Via Cibrario, 4-16154 Genoa, Italy;
phone: +39 010 6481 353; fax: +39 010 6481 881; e-mail:
<EMAIL_ADDRESS>Internet: http://www.piaggioaero.com.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on September 30, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25284 Filed 10-13-10; 8:45 am]
BILLING CODE 4910-13-P


Panel Members for the Meeting of the Federal Insecticide, Fungicide and
Rodenticide Act Scientific Advisory Panel (FIFRA SAP)

to consider and review

An Evaluation of the Resistance Risks from Using a Seed Mix Refuge with
Pioneer’s Optimum® AcreMax™ 1 Corn Rootworm-Protected Corn

February 23-25, 2009

Docket number:  EPA-HQ-OPP-2008-0836			OPP Docket Tel:<PHONE_NUMBER>

FIFRA SAP Chair

Steven G. Heeringa, Ph.D.

Research Scientist & Director for Statistical Design

University of Michigan Institute for Social Research

Ann Arbor, Michigan

Designated Federal Official

Joseph E. Bailey

US Environmental Protection Agency

Office of Science Coordination & Policy

FIFRA Scientific Advisory Panel

EPA East Building, MC 7201M

1200 Pennsylvania Avenue, NW

Washington, DC  20460

Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>,   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>
FIFRA Scientific Advisory Panel Members

Janice E. Chambers, Ph.D., DABT, ATS

William L. Giles Distinguished Professor

Director, Center for Environmental Health Sciences

College of Veterinary Medicine

Mississippi State University

Mississippi State, Mississippi

Kirby C. Donnelly, Ph.D.

Professor and Head

Department of Environmental and Occupational Health

School of Rural Public Health

Texas A&M University System Health Science Center

College Station, Texas

Carey N. Pope, Ph.D.

Professor, Head & Sitlington Chair of Toxicology

Department of Physiological Sciences

Oklahoma State University College of Veterinary Medicine

Stillwater, Oklahoma

Daniel Schlenk, Ph.D.

Professor of Aquatic Ecotoxicology & Environmental Toxicology

Department of Environmental Sciences

University of California, Riverside

Riverside, California

FQPA Science Review Board Members

Fred L. Gould, Ph.D.

William Neal Reynolds Professor of Agriculture

Department of Entomology &

Adjunct Professor

Department of Genetics

North Carolina State University

Raleigh, North Carolina

Anthony R. Ives, Ph.D.

Professor, Department of Zoology

University of Wisconsin

Madison, Wisconsin

Susan T. Ratcliffe, Ph.D.

Director, USDA North Central Region Integrated Pest Management Center

Department of Crop Sciences

University of Illinois at Urbana-Champaign

Urbana, Illinois

Richard T. Roush, Ph.D.

Professor & Dean

Melbourne School of Land & Environment

University of Melbourne

Victoria, Australia

Douglas V. Sumerford, Ph.D.

Research Entomologist

Corn Insects and Crop Genetics Research Unit

USDA/ARS

Iowa State University

Ames, Iowa

John C. Schneider, Ph.D.

Professor & Research Entomologist

Department of Entomology and Plant Pathology

Mississippi State University

Mississippi State, Mississippi

Jon J. Tollefson, Ph.D.

Professor, Department of Entomology

Iowa State University

Ames, Iowa


[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Rules and Regulations]
[Pages 74927-74930]
[FR Doc No: 2016-25931]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2015-0372; FRL 9953-37-OW]

State of Kentucky Underground Injection Control (UIC) Class II
Program; Primacy Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
direct final action to approve the Commonwealth of Kentucky's
Underground Injection Control Class II (UIC) Program for primacy. The
EPA determined that the state's program is consistent with the
provisions of the Safe Drinking Water Act (SDWA) at Section 1425 to
prevent underground injection activities that endanger underground
sources of drinking water. The agency's approval allows the state to
implement and enforce state regulations for UIC Class II injection
wells located within the state. The Commonwealth's authority excludes
the regulation of injection well Classes I, III, IV, V and VI and all
wells on Indian lands, as required by rule under the SDWA.

DATES: This rule is effective on January 26, 2017 without further
notice, unless EPA receives adverse comment by November 28, 2016. If
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. For judicial purposes, this final rule is promulgated as of
January 26, 2017. The incorporation by reference of certain
publications listed in the rule is approved by the Director of the
Federal Register as of January 26, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2015-0372, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Holly S. Green, Drinking Water
Protection Division, Office of Ground Water and Drinking Water (4606M),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-3754; email address<EMAIL_ADDRESS>or Nancy H. Marsh,
Safe Drinking Water Branch, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303; telephone
number<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing a direct final rule?

    EPA published this rule without a prior proposed rule because the
agency views this action as noncontroversial and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA published a separate document that serves as the proposed
rule if the agency receives adverse comment on this direct final rule.
The agency will not institute a second comment period on this action.
Any parties interested in commenting must do so at this time. For
further information about commenting on this rule, see the ADDRESSES
section of this document.
    If EPA receives adverse comment, the agency will publish a timely
withdrawal in the Federal Register, informing the public that this
direct final rule will not take effect. The agency will then address
all public comments in any subsequent final rule based on the proposed
rule.

II. Does this action apply to me?

Regulated Entities

------------------------------------------------------------------------
                                                         North American
                                     Examples of            industry
           Category             potentially regulated    classification
                                       entities              system
------------------------------------------------------------------------
Industry......................  Private owners and       211111 & 213111
                                 operators of Class
                                 II injection wells
                                 located within the
                                 state (Enhance
                                 Recovery, Produce
                                 Fluid Disposal and
                                 Hydrocarbon Storage).
------------------------------------------------------------------------

    This table is intended to be 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. If you have questions regarding the applicability of this
action to a particular entity, consult the persons listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

III. Legal Authorities

    EPA approves the Commonwealth of Kentucky's UIC Program primacy
application for Class II injection wells located within the state, as
required by rule under the SDWA, to prevent underground injection
activities that endanger underground sources of drinking water.
Accordingly, the agency codifies the state's program in the Code of
Federal Regulations (CFR) at 40 CFR part 147, under the authority of
the SDWA, sections 1425, 42 U.S.C. 300h-4. The state applied to EPA
under sections 1425 of the SDWA, 42 U.S.C. Sections 300h-4, for primacy
(primary enforcement responsibility) for all Class II injection wells
within the state except those on Indian lands.
    The agency's approval is based on a legal and technical review of
the state's primacy application as directed at 40 CFR part 145 and the
requirements for state permitting and compliance evaluation programs,
enforcement authority and information sharing to determine that the
state's program is effective. EPA oversees the state's administration
of the UIC program; part of the agency's oversight responsibility
requires quarterly reports of non-compliance and annual UIC performance
reports pursuant to 40 CFR 144.8. The Memorandum of Agreement between
EPA and the Commonwealth of Kentucky, signed by the Regional
Administrator on October 20, 2015,

provides the agency with the opportunity to review and comment on all
permits. The agency continues to administer the UIC program for Class
I, III, VI, V and VI injection wells in the state and all wells on
Indian lands (if any such lands exist in the state in the future).

IV. Kentucky's Application

A. Public Participation Activities Conducted by the Commonwealth of
Kentucky

    As part of the primacy application requirements, the state held a
public hearing on the state's intent to apply for primacy. The hearing
was held on September 23, 2014, in the city of Frankfort, Kentucky.
Both oral and written comments received for the hearing were generally
supportive of the state pursuing primacy for the UIC Class II injection
well program.

B. Public Participation Activities Conducted by EPA

    On November 10, 2015, the agency published a notice of the state's
application in the Federal Register (80 FR 69629). This notice provided
a comment period and that a public hearing would be held if requested.
The EPA received one comment during the comment period, and no requests
for a public hearing. An anonymous commenter suggested the state agency
give permission to construct these Class II wells so that energy
dependency and job creation remain domestic and that extraction of oil
and gas resources be done in an environmentally sound manner. The
agency determined that the issue was outside the scope of the UIC
program and not relevant as to whether the state's regulations are
effective to manage the UIC Class II injection well program in
accordance with section 1425 of the Safe Drinking Water Act.

C. Incorporation by Reference

    This direct final rule amends 40 CFR part 147 and incorporates by
reference EPA-approved state statutes and regulations. The provisions
of the Commonwealth of Kentucky Code that contain standards,
requirements and procedures applicable to owners or operators of UIC
Class II wells are incorporated by reference into 40 CFR part 147. Any
provisions incorporated by reference, as well as all permit conditions
or permit denials issued pursuant to such provisions, will be
enforceable by EPA pursuant to the SDWA, section 1423 and 40 CFR
147.1(e).
    In order to better serve the public, the agency is reformatting the
codification of the EPA-approved state statutes and regulations.
Instead of codifying the Commonwealth of Kentucky's Statutes and
Regulations as separate paragraphs, the agency is now codifying a
binder that contains the ``EPA-Approved Commonwealth of Kentucky Safe
Drinking Water Act Sec.  1425 Underground Injection Control (UIC)
Program Statutes and Regulations for Class II wells.'' This binder will
be incorporated by reference into 40 CFR part 147 and available at
www.regulations.gov in the docket for this rule. The agency is also
codifying a table listing the ``EPA-Approved Commonwealth of Kentucky
Safe Drinking Water Act Sec.  1425 Underground Injection Control (UIC)
Program Statutes and Regulations for Class II wells'' in 40 CFR part
147.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget (OMB) because OMB has determined that the approval of state UIC
primacy for Class II rules are not significant regulatory actions.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
EPA determined that there is no need for an Information Collection
Request under the Paperwork Reduction Act because this direct final
rule does not impose any new federal reporting or recordkeeping
requirements. Reporting or recordkeeping requirements are based on the
Commonwealth of Kentucky's UIC Regulations, and the state is not
subject to the Paperwork Reduction Act. However, OMB has previously
approved the information collection requirements contained in the
existing UIC regulations at 40 CFR parts 144-148 for SDWA section 1422
states and also for section 1425 states under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB
control number 2040-0042. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action does not impose any new
requirements on any regulated entities. It simply codifies the
Commonwealth of Kentucky's UIC Program regulations, which meets the
effectiveness standard under SDWA section 1425 for regulating a Class
II well program. I have therefore concluded that this action will have
no net regulatory burden for any directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1521-1538. The action imposes no enforceable duty on any
state, local or tribal governments or the private sector.

E. Executive Order 13132--Federalism

    This 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.

F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 as explained in section V.C. Thus, Executive
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it approves a state action as explained in section V.C.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations because the rule does not change the level of
protection provided to human health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 147

    Environmental protection, Appeals, Incorporation by reference,
Penalties, Requirements for plugging and abandonment, Underground
Injection Control, Protection for USDWs.

    Dated: October 19, 2016.
Gina McCarthy,
Administrator.
    For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:

PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS

0
1. The authority citation for part 147 is revised to read as follows:

    Authority:  42 U.S.C. 300h-4.

0
 2. Section 147.900 is added to read as follows:

Subpart S--Kentucky

Sec.  147.900  State-administered program--Class II wells.

    The UIC program for Class II injection wells in the Commonwealth of
Kentucky, except for those on Indian lands, is the program administered
by the Kentucky Department of Natural Resources, Division of Oil and
Gas approved by the EPA pursuant to section 1425 of the SDWA.
Notification of this approval was published in the Federal Register on
October 28, 2016]; the effective date of this program is January 26,
2017. Table 1 to paragraph (a) of this section is the table of contents
of the Kentucky state statutes and regulations incorporated as follows
by reference. This program consists of the following elements, as
submitted to the EPA in the state's program application.
    (a) Incorporation by reference. The requirements set forth in the
Kentucky State statutes and regulations cited in the binder entitled
``EPA-Approved Commonwealth of Kentucky Safe Drinking Water Act Sec.
1425 Underground Injection Control (UIC) Program Statutes and
Regulations for Class II wells,'' dated August 2016 is hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the Commonwealth of Kentucky. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the
Kentucky regulations may be obtained or inspected at the Kentucky
Department of Natural Resources, Division of Oil and Gas, 3th Floor,
300 Sower Blvd., Frankfort, Kentucky 40601,<PHONE_NUMBER>; at the U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960,<PHONE_NUMBER>; or at the National
Archives and Records Administration (NARA). For information on
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

   Table 1 to Paragraph (a)--EPA-Approved Kentucky SDWA Sec.   1425 Underground Injection Control Program Statutes and Regulations for Class II Wells
--------------------------------------------------------------------------------------------------------------------------------------------------------
            State citation                     Title/subject           State effective date                      EPA approval date \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Kentucky Revised Statutes Chapter 13B  Kentucky Administrative       June 15, 1994..........  [Insert Federal Register citation].
                                        Procedures Act KRS 13B.005
                                        to 13B.170.
Kentucky Revised Statutes 353.180....  Requirements for plugging     June 24, 2015..........  [Insert Federal Register citation].
                                        abandoned well--Bids--
                                        Remedy for possessor of
                                        adjacent land or for
                                        department.
Kentucky Revised Statutes 353.510....  Definition of KRS 353.500 to  July 15, 2010..........  [Insert Federal Register citation].
                                        353.720.
Kentucky Revised Statutes 353.520....  Territorial application of    June 24, 2003..........  [Insert Federal Register citation].
                                        KRS 353.500 to 353.720--
                                        Waste of oil and gas
                                        prohibited.
Kentucky Revised Statutes 353.550....  Specific authority over oil   July 15, 1996..........  [Insert Federal Register citation].
                                        and gas operators.
Kentucky Revised Statutes 353.570....  Permit Required--May          July 15, 1998..........  [Insert Federal Register citation].
                                        authorize operation prior
                                        to issuance of permit.
Kentucky Revised Statutes 353.590....  Application for permit-Fees-  July 15, 2010..........  [Insert Federal Register citation].
                                        Plat-Bond to insure
                                        plugging--Schedule--Blanket
                                        bonds-Corporate guarantee--
                                        Use of forfeited funds-Oil
                                        and gas well. plugging fund-
                                        Wells not included in
                                        ``water supply well''.
Kentucky Revised Statutes 353.591....  Purpose and application of    July 15, 1986..........  [Insert Federal Register citation].
                                        KRS 353.592 and 353.593.
Kentucky Revised Statutes 353.592....  Powers of the department....  June 24, 2015..........  [Insert Federal Register citation].
Kentucky Revised Statutes 353.593....  Appeals.....................  July 15, 1996..........  [Insert Federal Register citation].
Kentucky Revised Statutes 353.992....  Penalties...................  July 15, 1986..........  [Insert Federal Register citation].
805 Kentucky Administrative            Providing Protection for      August 9, 2007.........  [Insert Federal Register citation].
 Regulations 1:020.                     USDWs.

805 Kentucky Administrative            Well location and as-drilled  October 23, 2009.......  [Insert Federal Register citation].
 Regulations 1:030.                     location plat, preparation,
                                        form and contents.
805 Kentucky Administrative            Plugging wells; non-coal-     June 11, 1975..........  [Insert Federal Register citation].
 Regulations 1:060.                     bearing strata.
805 Administrative Regulations 1:070.  Plugging wells; coal bearing  October 23, 1975.......  [Insert Federal Register citation].
                                        strata.
805 Kentucky Administrative            Underground Injection         April 4, 2008..........  [Insert Federal Register citation].
 Regulations 1:110.                     Control.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register document cited in this
  column for the particular provision.

    (b) Memorandum of Agreement (MOA). The MOA between EPA Region 4 and
the Commonwealth of Kentucky Department of Natural Resources signed by
EPA Regional Administrator on October 20, 2015.
    (c) Statements of Legal Authority. ``Underground Injection Control
Program, Attorney General's Statement,'' signed by General Counsel of
Kentucky Energy and Environmental Cabinet on June 7, 2010.
    (d) Program Description. The Program Description submitted as part
of Kentucky's application, and any other materials submitted as part of
this application or as a supplement thereto.

0
3. Section 147.901 is amended by revising the section heading and the
first sentence of paragraph (a) to read as follows:

Sec.  147.901  EPA-administered program--Class I, III, IV, V, and VI
wells and Indian lands.

    (a) Contents. The UIC program for Class I, III, IV, V and VI wells
and all wells on Indian lands in the Commonwealth of Kentucky is
administered by the EPA. * * *
* * * * *

0
4. Add Sec.  147.902 to read as follows:

Sec.  147.902  Aquifer Exemptions.

    (a) This section identifies any aquifers or their portions exempted
in accordance with Sec. Sec.  144.7(b) and 146.4 of this chapter. These
aquifers are not being proposed for exemption under the Commonwealth of
Kentucky's primacy approval. Rather, the exempted aquifers listed below
were previously approved while EPA had primary enforcement authority
for the Class II UIC program in the Commonwealth of Kentucky and are
included here for reference. Additional information pertinent to these
exempted aquifers or their portions resides in EPA Region 4.
    (1) The following eight aquifers (underground sources of drinking
water) in the Commonwealth of Kentucky have been exempted in accordance
with the provisions of Sec. Sec.  144.7(b) and 146.4 of this chapter
for Class II injection activities only: A portion of the Tar Springs
sandstone formation that has a quarter mile radius areal extent (125.6
acres) that is located at latitude 37.7261 and longitude -86.6914. The
formation has a true vertical depth from surface of 280 feet.
    (2) A portion of the Tar Springs sandstone formation that has a
quarter mile radius areal extent (125.6 acres) that is located at
latitude 37.7294 and longitude -867212. The formation has a true
vertical depth from surface of 249 feet.
    (3) A portion of the Tar Springs sandstone formation that has a
quarter mile radius areal extent (125.6 acres) that is located at
latitude 37.7055 and longitude -86.7177. The formation has a true
vertical depth from surface of 210 feet.
    (4) A portion of the Pennsylvanian Age sandstone formation that has
a quarter mile radius areal extent (125.6 acres) that is located at
latitude 37.5402 and longitude -87.2551. The formation has a true
vertical depth from surface of 1,050 feet.
    (5) A portion of the Tar Springs sandstone formation that has a
quarter mile radius areal extent (125.6 acres) that is located at
latitude 37.7301 and longitude -87.6922. The formation has a true
vertical depth from surface of 240 feet.
    (6) A portion of the Caseyville sandstone formation that has a
quarter mile radius areal extent (125.6 acres) that is located at
latitude 37.5776 and longitude -87.1321. The formation had a true
vertical depth from surface of 350 feet.
    (7) A portion of the Caseyville sandstone formation that has a
quarter mile radius areal extent (125.6 acres) that is located at
latitude 37.5778 and longitude -87.1379. The formation has a true
vertical depth from surface of 1,080 feet.
    (8) A portion of the Caseyville sandstone formation that has a
quarter mile radius areal extent (125.6 acres) that is located at
latitude 37.5652 and longitude -87.1222. The formation has a true
vertical depth from surface of 1,060 feet.
    (b) [Reserved]

0
5. Section 147.903 is amended by revising the section heading to read
as follows:

Sec.  147.903.  Existing Class I and III wells authorized by rule.

Sec.  147.904   [Removed and reserved]

0
6. Section 147.904 is removed and reserved.

[FR Doc. 2016-25931 Filed 10-27-16; 8:45 am]
 BILLING CODE 6560-50-P