USEPA 2002g 1989 NSSS Analytes Applicable to 2004 NSSS 1 January 31, 2003 Summary of Analytes from the 1989 National Sewage Sludge Survey The table below lists 405 analytes from the 1989 National Sewage Sludge Survey ( NSSS), along with their Chemical Abstracts Service Registry Numbers ( CASRN). A total of 240 samples were collected from 184 publicly owned treatment works ( POTWs) that practice secondary sewage treatment. The table indicates whether the analyte was found ( detected) during the 1989 NSSS. " No" means that it was not found in any of the 240 samples, " once" means that it was found in only 1 of the 240 samples, " twice" means that it was found in 2 of the 240 samples, and " yes" means that it was found in more than 2 of the 240 samples.

The final column in the table indicates whether the analyte could be considered for analysis in another survey at this time. There are four reasons that an analyte would not be considered for a survey; any analyte that has " no" under the " Proposed Survey?" columns, falls under one or a combination of the following statements:

1) The analyte does not have human health benchmark data to support evaluation of the risk it poses. 2) The analyte was not found in the 1988 89 NSSS, or found in fewer than 1% of the samples. 3) The effort to develop a method for the analysis of the analyte would be significant. 4) The analyte was included in the 2001 NSSS, so recent data are available.

Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1,4 Dichlorobenzene 106467 Yes Yes Yes 2 Chloronaphthalene 91587 Yes Yes Yes 2,4 D 94757 Yes Yes Yes 2,4,5 T 93765 Yes Yes Yes 2,4,5 TP 93721 Yes Yes Yes 4,4' DDD 72548 Twice Yes Yes 4,4' DDE 72559 Yes Yes Yes 4,4' DDT 50293 Yes Yes Yes Acenaphthene 83329 Once Yes Yes Acetophenone 98862 Twice Yes Yes Aldrin 309002 Yes Yes Yes alpha BHC 319846 Yes Yes Yes Aluminum 7429905 Yes Yes Yes Anthracene 120127 Twice Yes Yes Antimony 7440360 Yes Yes Yes Arsenic 7440382 Yes Yes Yes Benzo( a) anthracene 56553 Yes Yes Yes Benzo( a) pyrene 50328 Yes Yes Yes Benzo( b) fluoranthene 205992 Yes Yes Yes Benzo( k) fluoranthene 207089 Yes Yes Yes USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 2 January 31, 2003 Beryllium 7440417 Yes Yes Yes beta BHC 319857 Yes Yes Yes bis( 2 Ethylhexyl) Phthalate 117817 Yes Yes Yes Boron 7440428 Yes Yes Yes Cadmium 7440439 Yes Yes Yes Captan 133062 Yes Yes Yes Chlordane 57749 Twice Yes Yes Chlorobenzilate 510156 Yes Yes Yes Chlorofenvinphos 470906 No Yes Yes Chlorpyrifos 2921882 Yes Yes Yes Chromium 7440473 Yes Yes, but as Cr+ 6 Yes, but as Cr+ 6 Chrysene 218019 Yes Yes Yes Cobalt 7440484 Yes Yes Yes Demeton 8065483 No Yes Yes Diallate 2303164 Yes Yes Yes Diazinon 333415 Once Yes Yes Dibenzo( a, h) anthracene 53703 No Yes Yes Dichlorvos 62737 No Yes Yes Dicrotophos ( Bidrin) 141662 Twice Yes Yes Dieldrin 60571 Yes Yes Yes Diethyl Phthalate 84662 No Yes Yes Disulfoton 298044 No Yes Yes Endrin 72208 Yes Yes Yes Ethion 563122 No Yes Yes Fluoranthene 206440 Yes Yes Yes Fluorene 86737 No Yes Yes Heptachlor Epoxide 1024573 Yes Yes Yes Heptachlor 76448 Twice Yes Yes Indeno( 1,2,3 cd) pyrene 193395 No Yes Yes Lead 7439921 Yes Yes Yes Lindane ( gamma BHC) 58899 Yes Yes Yes Malathion 121755 No Yes Yes Mercury 7439976 Yes Yes Yes Methoxychlor 72435 Once Yes Yes Methyl Parathion 298000 No Yes Yes Mirex 2385855 Once Yes Yes USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 3 January 31, 2003 Molybdenum 7439987 Yes Yes Yes Naled ( Dibrom) 300765 Yes Yes Yes Naphthalene 91203 Yes Yes Yes p Cresol 106445 Yes Yes Yes Parathion 56382 No Yes Yes Pentachloronitrobenzene 82688 Yes Yes Yes Phorate 298022 No Yes Yes Phosmet 732116 No Yes Yes Phosphoric Acid, Trimethyl Ester 512561 No Yes Yes Pyrene 129000 Yes Yes Yes Pyridine 110861 No Yes Yes Santox ( EPN) 2104645 Yes Yes Yes Selenium 7782492 Yes Yes Yes Silver 7440224 Yes Yes Yes Terbufos 13071799 No Yes Yes Tetrachloroethene 127184 Yes Yes Yes Tetrachlorvinphos 961115 No Yes Yes Tetraethyldithiopyrophosphate 3689245 No Yes Yes Tin 7440315 Yes Yes Yes Trifluralin ( Treflan) 1582098 Yes Yes Yes Vanadium 7440622 Yes Yes Yes Zinc 7440666 Yes Yes Yes 1 Bromo 2 chlorobenzene 694804 No No No 1 Bromo 3 chlorobenzene 108372 No No No 1 Chloro 3 nitrobenzene 121733 No No No 1 Methylfluorene 1730376 No No No 1 Methylphenanthrene 832699 Once No No 1 Naphthylamine 134327 No No No 1 Phenylnaphthalene 605027 No No No 1,1 Dichloroethane 75343 Once No No 1,1 Dichloroethene 75354 No No No 1,1,1 Trichloroethane 71556 Yes No No 1,1,1,2 Tetrachloroethane 630206 No No No 1,1,2 Trichloroethane 79005 No No No 1,1,2,2 Tetrachloroethane 79345 Once No No 1,2: 3,4 Diepoxybutane 1464535 Yes No No 1,2 Dibromo 3 chloropropane 96128 No No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 4 January 31, 2003 1,2 Dibromoethane 106934 No No No 1,2 Dichlorobenzene 95501 Yes No No 1,2 Dichloroethane 107062 No No No 1,2 Dichloropropane 78875 Once No No 1,2 Diphenylhydrazine 122667 No No No 1,2,3 Trichlorobenzene 87616 Twice No No 1,2,3 Trichloropropane 96184 No No No 1,2,3 Trimethoxybenzene 634366 No No No 1,2,3,4,6,7,8 Heptachlorodibenzofuran 67562394 Yes Yes No 1,2,3,4,6,7,8 Heptachlorodibenzo p dioxin 35822469 Yes Yes No 1,2,3,4,7,8 Hexachlorodibenzo p dioxin 39227286 Yes Yes No 1,2,3,4,7,8 Hexachlorodibenzofuran 70648269 Yes Yes No 1,2,3,4,7,8,9 Heptachlorodibenzofuran 55673897 Yes Yes No 1,2,3,6,7,8 Hexachlorodibenzo p dioxin 57653857 Yes Yes No 1,2,3,6,7,8 Hexachlorodibenzofuran 57117449 Yes Yes No 1,2,3,7,8 Pentachlorodibenzo p dioxin 40321764 Yes Yes No 1,2,3,7,8 Pentachlorodibenzofuran 57117416 Yes Yes No 1,2,3,7,8,9 Hexachlorodibenzo p dioxin 19408743 Yes Yes No 1,2,3,7,8,9 Hexachlorodibenzofuran 72918219 Yes Yes No 1,2,4 Trichlorobenzene 120821 Yes No No 1,2,4,5 Tetrachlorobenzene 95943 No No No 1,3 Dichloro 2 propanol 96231 No No No 1,3 Dichlorobenzene 541731 Yes No No 1,3 Dichloropropane 142289 No No No 1,3,5 Trithiane 291214 No No No 1,4 Dinitrobenzene 100254 Once No No 1,4 Dioxane 123911 Yes No No 1,4 Naphthoquinone 130154 No No No 1,5 Naphthalenediamine 2243621 No No No 2( Methylthio) benzothiazole 615225 Once No No 2 Butanone 78933 Yes No No 2 Chloro 1,3 butadiene 126998 No No No 2 Chloroethylvinyl Ether 110758 No No No 2 Chlorophenol 95578 No No No 2 Hexanone 591786 Yes No No 2 Isopropylnaphthalene 2027170 No No No 2 Methyl 2 propenenitrile 126987 Once No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 5 January 31, 2003 2 Methyl 4,6 dinitro phenol 534521 No No No 2 Methylbenzothioazole 120752 No No No 2 Methylnaphthalene 91576 Yes No No 2 Nitroaniline 88744 No No No 2 Nitrophenol 88755 No No No 2 Phenylnaphthalene 612942 No No No 2 Picoline 109068 Yes No No 2 Propanone 67641 Yes No No 2 Propen 1 ol 107186 Twice No No 2 Propenal 107028 No No No 2,3 Benzofluorene 243174 No No No 2,3 Dichloro 1,4 naphthoquinone 117806 Once No No 2,3 Dichloroaniline 608275 No No No 2,3 Dichloronitrobenzene 3209221 No No No 2,3,4,6 Tetrachlorophenol 58902 No No No 2,3,4,6,7,8 Hexachlorodibenzofuran 60851345 Yes Yes No 2,3,4,7,8 Pentachlorodibenzofuran 57117314 Yes Yes No 2,3,6 Trichlorophenol 933755 No No No 2,3,7,8 Tetrachlorodibenzofuran 51207319 Yes Yes No 2,3,7,8 Tetrachlorodibenzo p dioxin 1746016 Yes Yes No 2,4 Diamino toluene 95807 No No No 2,4 Dichlorophenol 120832 No No No 2,4 Dimethylphenol 105679 Once No No 2,4 Dinitrophenol 51285 No No No 2,4 Dinitrotoluene 121142 No No No 2,4,5 Trichlorophenol 95954 No No No 2,4,5 Trimethyl aniline 137177 Once No No 2,4,6 Trichlorophenol 88062 No No No 2,6 Di tert butyl p benzoquinone 719222 No No No 2,6 Dichloro 4 nitroaniline 99309 No No No 2,6 Dichlorophenol 87650 No No No 2,6 Dinitrotoluene 606202 Once No No 3 Chloropropene 107051 Twice No No 3 Methylcholanthrene 56495 No No No 3 Nitroaniline 99092 No No No 3,3' Dichlorobenzidine 91941 No No No 3,3' Dimethoxybenzidine 119904 No No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 6 January 31, 2003 3,5 Dibromo 4 hydroxy benzonitrile 1689845 No No No 3,6 Dimethylphenanthrene 1576676 Once No No 4 Aminobiphenyl 92671 No No No 4 Bromophenyl Phenyl Ether 101553 No No No 4 Chloro 2 nitroaniline 89634 No No No 4 Chloro 3 methylphenol 59507 Twice No No 4 Chlorophenylphenyl Ether 7005723 No No No 4 Methyl 2 pentanone 108101 Yes No No 4 Nitrobiphenyl 92933 No No No 4 Nitrophenol 100027 No No No 4,4' Methylenebis( 2 chloroaniline) 101144 No No No 4,5 Methylene Phenanthrene 203645 No No No 5 Chloro o toluidine 95794 No No No 5 Nitro o toluidine 99558 No No No 7,12 Dimethylbenz( a) anthracene 57976 No No No Acenaphthylene 208968 No No No Acrylonitrile 107131 No No No alpha Terpineol 98555 Yes No No Aniline 62533 No No No Aramite 140578 No No No Aroclor 1016 12674112 Once Yes No Aroclor 1221 11104282 Once No No Aroclor 1232 11141165 Once No No Aroclor 1242 53469219 Once No No Aroclor 1248 12672296 Yes No No Aroclor 1254 11097691 Yes Yes No Aroclor 1260 11096825 Yes No No Azinphos Methyl 86500 Twice No No Azinphos Ethyl 2642719 Twice No No Benzanthrone 82053 No No No Benzene 71432 Yes No No Benzenethiol 108985 Once No No Benzidine 92875 No No No Benzo( ghi) perylene 191242 Twice No No Benzoic Acid 65850 Yes No No Benzyl Alcohol 100516 Yes No No beta Naphthylamine 91598 No No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 7 January 31, 2003 Biphenyl 92524 Yes No No bis( 2 Chloroethoxy) methane 111911 No No No bis( 2 Chloroethyl) Ether 111444 No No No bis( 2 Chloroisopropyl) Ether 108601 No No No Bismuth 7440699 No No No Bromodichloromethane 75274 No No No Bromomethane 74839 No No No Butyl Benzyl Phthalate 85687 Yes No No Captafol 2425061 Once No No Carbazole 86748 No No No Carbon Disulfide 75150 Yes No No Carbophenothion ( Trithion) 786196 Once No No Cerium 7440451 No No No Chloroacetonitrile 107142 No No No Chlorobenzene 108907 Yes No No Chloroethane 75003 Twice No No Chloroform 67663 Yes No No Chloromethane 74873 Twice No No Ciodrin 7700176 Twice No No cis 1,3 Dichloropropene 10061015 No No No Coumaphos 56724 No No No Crotonaldehyde 4170303 Twice No No Crotoxyphos 7700176 No No No Crotoxyphos 7700176 Yes No No Cyanide 57125 Yes No No delta BHC 319868 Yes No No di n Butyl Phthalate 84742 Yes No No di n Octyl Phthalate 117840 Yes No No Di N propylnitrosamine 621647 No No No Dibenzofuran 132649 Yes No No Dibenzothiophene 132650 Once No No Dibromochloromethane 124481 No No No Dibromomethane 74953 No No No Diethyl Ether 60297 No No No Dimethoate 60515 Yes No No Dimethyl Phthalate 131113 Twice No No Dimethyl Sulfone 67710 Once No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 8 January 31, 2003 Dioxathion 78342 No No No Diphenyl Ether 101848 Yes No No Diphenylamine 122394 Once No No Diphenyldisulfide 882337 No No No Dysprosium 7429916 No No No Endosulfan Sulfate 1031078 Once No No Endosulfan I 959988 Yes No No Endosulfan II 33213659 Yes No No Endrin Ketone 53494705 Once No No Endrin Aldehyde 7421934 Once No No Erbium 7440520 No No No Ethyl Cyanide 107120 Once No No Ethyl Methacrylate 97632 No No No Ethyl Methanesulfonate 62500 No No No Ethylbenzene 100414 Yes No No Ethylenethiourea 96457 No No No Europium 7440531 No No No Famphur 52857 No No No Fensulfothion 115902 No No No Fenthion 55389 No No No Fluoride 16984488 Yes No No Gadolinium 7440542 No No No Gallium 7440553 No No No Germanium 7440564 No No No Gold 7440575 No No No Hafnium 7440586 No No No Hexachlorobenzene 118741 No No No Hexachlorobutadiene 87683 No No No Hexachlorocyclopentadiene 77474 No No No Hexachloroethane 67721 No No No Hexachloropropene 1888717 No No No Hexanoic Acid 142621 Yes No No Holmium 7440600 No No No Indium 7440746 No No No Iodine 7553562 Once No No Iodomethane 74884 No No No Iridium 7439885 No No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 9 January 31, 2003 Isobutyl Alcohol 78831 Yes No No Isodrin 465736 Once No No Isophorone 78591 No No No Isosafrole 120581 No No No Lanthanum 7439910 No No No Leptophos 21609905 Yes No No Lithium 7439932 No No No Longifolene 475207 No No No Lutetium 7439943 No No No m Xylene 108383 Yes No No Malachite Green 569642 No No No Mestranol 72333 No No No Methapyrilene 91805 No No No Methyl Methanesulfonate 66273 No No No Methyl Methacrylate 80626 No No No Methylene Chloride 75092 Yes No No Mevinphos ( Phosdrin) 7786347 Twice No No Monocrotophos 6923224 No No No n Decane 124185 Yes No No n Docosane 629970 Yes No No n Dodecane 112403 Yes No No n Eicosane 112958 Yes No No n Hexacosane 630013 Yes No No n Hexadecane 544763 Yes No No N Nitrosodi n butylamine 924163 No No No N Nitrosodiethylamine 55185 No No No N Nitrosodimethylamine 62759 No No No N Nitrosodiphenylamine 86306 Twice No No N Nitrosomethylethylamine 10595956 No No No N Nitrosomethylphenylamine 614006 No No No N Nitrosomorpholine 59892 No No No N Nitrosopiperidine 100754 No No No n Octacosane 630024 Yes No No n Octadecane 593453 Yes No No n Tetracosane 646311 Yes No No n Tetradecane 629594 Yes No No n Triacontane 638686 Yes No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 10 January 31, 2003 Neodymium 7440008 No No No Nickel 7440020 Yes No No Niobium 7440031 No No No Nitrate 14797558 Yes No No Nitrite 14797650 Yes No No Nitrobenzene 98953 Twice No No Nitrofen ( TOK) 1836755 Yes No No N, N Dimethylformamide 68122 No No No o+ p Xylene Yes No No o Anisidine 90040 No No No o Cresol 95487 Yes No No o Toluidine 95534 No No No Octachlorodibenzo p dioxin 3268879 Yes Yes No Octachlorodibenzofuran 39001020 Yes Yes No Osmium 7440042 No No No p Chloroaniline 106478 Yes No No p Cymene 99876 Yes No No p Dimethylaminoazobenzene 60117 No No No p Nitroaniline 100016 No No No Palladium 7440053 No No No Pentachlorobenzene 608935 No No No Pentachloroethane 76017 No No No Pentachlorophenol 87865 Twice No No Pentamethylbenzene 700129 No No No Perylene 198550 Once No No Phenacetin 62442 No No No Phenanthrene 85018 Yes No No Phenol 108952 Yes No No Phenothiazine 92842 No No No Phosphamidon 13171216 Yes No No Phosphoric Acid, Tri o tolyl Ester 78308 Yes No No Phosphoric Triamide, Hexamethyl 680319 No No No Phosphorus 7723140 Yes No No Phosphorus 7723140 Twice No No Platinum 7440064 No No No Potassium 7440097 Once No No Praseodymium 7440100 No No No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 11 January 31, 2003 Pronamide 23950585 No No No Resorcinol 108463 No No No Rhenium 7440155 No No No Rhodium 7440166 No No No Ruthenium 7440188 No No No Safrole 94597 No No No Samarium 7440199 No No No Scandium 7440202 No No No Silicon 7440213 Twice No No Squalene 7683649 Twice No No Strontium 7440246 Twice No No Styrene 100425 Yes No No Sulfur 7704349 Twice No No Tantalum 7440257 No No No Tellurium 13494809 No No No Terbium 7440279 No No No Tetrachloromethane 56235 Yes No No Tetraethylpyrophosphate 107493 Yes No No Thallium 7440280 Yes No No Thianaphthene 95158 No No No Thioacetamide 62555 No No No Thioxanthe 9 one 492228 Once No No Thorium 7440291 No No No Thulium 7440304 No No No Titanium 7440326 Yes No No Toluene 108883 Yes No No Total Heptachlorodibenzo p dioxins 37871004 Yes No No Total Heptachlorodibenzofurans 38998753 Yes No No Total Pentachlorodibenzofurans 30402154 Yes No No Total Hexachlorodibenzo p dioxins 344654608 Yes No No Total Residue Yes No No Total Pentachlorodibenzo p dioxins 36088229 Yes No No Total Hexachlorodibenzofurans 55684941 Yes No No Total Kjeldahl Nitrogen Yes No No Total Tetrachlorodibenzo p dioxins 41903575 Yes No No Total Tetrachlorodibenzofurans 55722275 Yes No No Toxaphene 8001352 Once Yes No USEPA 2002g Analyte CASRN Found in 1989? Human Health Benchmark? Proposed Survey?

1989 NSSS Analytes Applicable to 2004 NSSS 12 January 31, 2003 trans 1,2 Dichloroethene 156605 Yes No No trans 1,3 Dichloropropene 10061026 No No No trans 1,4 Dichloro 2 butene 110576 No No No Tribromomethane 75252 No No No Trichloroethene 79016 Yes No No Trichlorofluoromethane 75694 Yes No No Trichlorofon 52686 Twice No No Triphenylene 217594 Once No No Tripropyleneglycol Methyl Ether 20324338 No No No Tungsten 7440337 No No No Uranium 7440611 No No No Vinyl Chloride 75014 No No No Vinyl Acetate 108054 No No No Ytterbium 7440644 No No No Yttrium 7440655 Yes No No Zirconium 7440677 No No No


[Federal Register: March 17, 2009 (Volume 74, Number 50)]
[Rules and Regulations]
[Page 11293]
[DOCID:fr17mr09-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0155]
RIN 1625-AA01

Anchorage Regulations; Port of New York; Correction

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

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SUMMARY: The Coast Guard is correcting the preamble to a final rule
that appeared in the Federal Register of March 11, 2009 (74 FR 10484).
The preamble incorrectly referred to Department of Homeland Security
Management Directive 5100.1, instead of Department of Homeland Security
Management Directive 0023.1.

DATES: Effective April 10, 2009.

FOR FURTHER INFORMATION CONTACT: LT Edward Munoz, Chief, Waterways
Management Division, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. E9-5095 appearing on page 10484
of the Federal Register of Wednesday, March 11, 2009, the following
correction is made:
    1. On page 10486, in the second column, correct the ``Environment''
section to read: ``We have analyzed this rule under Department of
Homeland Security Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph 34(f), of the Instruction. This rule involves a regulation
reducing the size of an anchorage ground.
    Under figure 2-1, paragraph (34)(f), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.''

    Dated: March 12, 2009.
Steve G. Venckus,
Chief, Office of Regulations and Administrative Law.
[FR Doc. E9-5757 Filed 3-16-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Rules and Regulations]
[Page 44719-44720]
[DOCID:fr29jy10-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-1050; Airspace Docket No. 09-ASW-40]
RIN 2120-AA66

Amendment and Establishment of Restricted Areas and Other Special
Use Airspace, Razorback Range Airspace Complex, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes two new restricted areas, amends an
existing restricted area, and amends the boundaries description of the
Special Use Airspace (SUA) Hog High North military operation area (MOA)
that is contained in the Razorback Range Airspace Complex (RRAC) in the
vicinity of Fort Chaffee, AR. Unlike restricted areas, which are
designated under 14 CFR part 73, MOAs are not rulemaking airspace
actions. However, since the proposed R-2402B airspace and the Hog High
North MOA airspace overlap, the FAA included a description of the Hog
High North MOA change in the NPRM. The Air National Guard (ANG)
requested these airspace changes to permit more realistic aircrew
training in modern tactics to be conducted within the RRAC and to
enable more efficient use of the National Airspace System.

DATES: Effective date 0901 UTC, November 18, 2010.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On Tuesday, March 30, 2010, the FAA published in the Federal
Register a notice of proposed rulemaking (NPRM) to establish two
restricted areas (R-2402B and R-2402C) and amend an existing restricted
area (R-2402) and MOA (Hog High North) in the RRAC, AR (75 FR 15632).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. In that NPRM,
the airspace docket number was incorrectly published as ``09-ASW-3''
instead of ``09-ASW-40.'' On Monday, April 19, 2010, the FAA published
an NPRM correction, correcting the airspace docket number to ``09-ASW-
40'' (75 FR 20323). No comments were received to this proposed action.

Military Operations Areas (MOA)

    MOAs are established to separate or segregate nonhazardous military
flight activities from aircraft operating in accordance with instrument
flight rules (IFR), and to advise pilots flying under VFR where these
activities are conducted. IFR aircraft may be routed through an active
MOA only by agreement with the using agency and only when air traffic
control can provide approved separation from the MOA activity. VFR
pilots are not restricted from flying in an active MOA, but are advised
to exercise caution while doing so. As noted in the NPRM, MOAs are
nonregulatory airspace areas that are established administratively and
published in the National Flight Data Digest (NFDD) rather than through
rulemaking procedures. When a nonrulemaking action is an integral part
of a rulemaking action, FAA procedures allow for the nonrulemaking
changes to be included in the rulemaking action. Since the Hog High
North MOA is an integral part of the Razorback Airspace Complex, the
MOA change is included in this rule as well as being published in the
NFDD.
    The Hog High North MOA boundaries description is being amended to
include the statement, ``excluding R-2402B, when that restricted area
is active.'' This amendment will prevent airspace conflict with the
overlapping R-2402B being established. The amended boundaries
description will also be published in the NFDD; the rest of the MOA
legal description is unchanged.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by establishing R-2402B and R-2402C, and amending R-2402 in the
RRAC in the vicinity of Fort Chaffee, AR. At the request of the ANG,
this action establishes two new restricted areas [R-2402B and R-2402C]
to provide the vertical and lateral maneuvering airspace needed for
military aircraft to conduct medium to high altitude standoff weapon
delivery profiles.
    Specifically, R-2402B will extend approximately 5 nautical miles
(NM) to the east and 3 NM to the south of R-2402 (into Hog High North
MOA), from 10,000 feet MSL to FL220; R-2402C will extend approximately
5 NM to the east and north of R-2402, from 13,000 feet MSL to FL220.
The restricted areas will be activated when maneuvering airspace is
required and cannot be activated without R-2402 being active also. When
the restricted areas are not required for training requirements, that
airspace will be released to Memphis ARTCC for access by
nonparticipating aircraft, as appropriate.
    To keep the naming convention of the R-2402 complex standardized,
the ``R-2402 Fort Chaffee, AR'' restricted area is renamed ``R-2402A
Fort Chaffee, AR.'' Additionally, to ensure the time of designation of
all R-2402 restricted areas in the RRAC are consistent and cannot be
misinterpreted, the time of designation for R-2402A is changed from
``Monday through Sunday'' to ``daily.''
    Section 73.34 of Title 14 CFR part 73 was republished in FAA Order
7400.8S, effective February 16, 2010.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes and amends restricted airspace in the RRAC in the
vicinity of Fort Chaffee, AR.

Environmental Review

    The FAA has determined that this airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment. The FAA based this determination on the
analyses conducted by the Arkansas National Guard and that it is in
compliance with the National Environmental Policy Act in accordance
with FAA Order 1050.1E,

Environmental Impacts: Policies and Procedures.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.24  [Amended]

0
2. Sec.  73.24 is amended as follows:

* * * * *

R-2402 Fort Chaffee, AR [Removed]

R-2402A Fort Chaffee, AR [New]

    Boundaries. Beginning at lat. 35[deg]18'09'' N., long.
94[deg]03'01'' W.; to lat. 35[deg]17'00'' N., long. 94[deg]03'01''
W.; to lat. 35[deg]17'00'' N., long. 94[deg]01'01'' W.; to lat.
35[deg]10'20'' N., long. 94[deg]01'01'' W.; thence west along
Arkansas State Highway No. 10 to lat. 35[deg]11'33'' N., long.
94[deg]12'01'' W.; to lat. 35[deg]13'50'' N., long. 94[deg]12'01''
W.; to lat. 35[deg]18'10'' N., long. 94[deg]12'01'' W.; to lat.
35[deg]18'12'' N., long. 94[deg]09'52'' W.; thence east along
Arkansas State Highway No. 22 to the point of beginning.
    Designated altitudes. Surface to and including 30,000 feet MSL.
    Time of designation. Sunrise to sunset, daily; other times by
NOTAM.
    Controlling agency. FAA, Memphis ARTCC.
    Using agency. Commanding General, Fort Chaffee, AR.
* * * * *

R-2402B Fort Chaffee, AR [New]

    Boundaries. Beginning at lat. 35[deg]18'26'' N., long.
93[deg]55'41'' W.; thence clockwise along a 7-NM radius circle
centered at lat. 35[deg]15'26'' N., long. 94[deg]03'24'' W.; to lat.
35[deg]10'55'' N., long. 94[deg]09'57'' W.; thence east along
Arkansas State Highway 10 to lat. 35[deg]10'20'' N., long.
94[deg]01'01'' W.; to lat. 35[deg]17'00'' N., long. 94[deg]01'01''
W.; to lat. 35[deg]17'00'' N., long. 94[deg]03'01'' W.; to lat.
35[deg]18'09'' N., long. 94[deg]03'01'' W.; thence east along
Arkansas State Highway 22 to the point of beginning.
    Designated altitudes. 10,000 feet MSL to, but not including, FL
220.
    Time of designation. Sunrise to sunset, daily; other times by
NOTAM.
    Controlling agency. FAA, Memphis ARTCC.
    Using agency. Arkansas Air National Guard, 188th Fighter Wing,
Fort Smith, AR.
* * * * *

R-2402C Fort Chaffee, AR [New]

    Boundaries. Beginning at lat. 35[deg]21'48'' N., long.
94[deg]06'59'' W.; thence clockwise along a 7-NM radius circle
centered at lat. 35[deg]15'26'' N., long. 94[deg]03'24'' W.; to lat.
35[deg]18'26'' N., long. 93[deg]55'41'' W.; thence west along
Arkansas State Highway 22 to lat. 35[deg]18'12'' N., long.
94[deg]09'52'' W.; to the point of beginning.
    Designated altitudes. 13,000 feet MSL to, but not including, FL
220.
    Time of designation. Sunrise to sunset, daily; other times by
NOTAM.
    Controlling agency. FAA, Memphis ARTCC.
    Using agency. Arkansas Air National Guard, 188th Fighter Wing,
Fort Smith, AR.

    Issued in Washington, DC, on July 21, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-18665 Filed 7-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 3, 2006 (Volume 71, Number 23)]
[Notices]
[Page 5823]
[DOCID:fr03fe06-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER99-3491-007; ER00-2184-005 ; ER00-2185-005 ; EL05-124-
002]

PPL Montana, LLC; PPL Colstrip I, LLC; PPL Colstrip II, LLC;
Notice Establishing Comment Date

January 27, 2006.
    In a notice issued by the Secretary of the Commission, on January
17, 2006, the deadline for comments responding to the October 31, 2005
compliance filing made by PPL Montana, LLC, PPL Colstrip I, LLC, and
PPL Colstrip II, LLC (collectively, PPL Parties) was suspended, pending
Commission action on a protest filed by the Montana Consumer Counsel
(MCC). In its protest, MCC requested that the comment deadline be
suspended, pending the Commission's ruling regarding the obligations of
the PPL Parties to make a software program utilized by PPL Parties, in
preparing its compliance filing, available to the MCC. MCC's protest
also raised additional issues addressing the merits of PPL Parties'
compliance filing.
    On January 23, 2006, PPL Parties submitted an answer to MCC's
protest. In the answer, PPL Parties state, among other things, that to
expedite this proceeding, the PPL Parties will obtain, at their own
expense, a license allowing MCC to use the software program for which
it has sought access, i.e., the Statistical Analysis System (SAS)
computer program, with the delivery of that license scheduled for
January 24, 2006.
    Accordingly, upon consideration of the arguments presented, a
comment period of 30 days, ending February 23, 2006, is hereby
established. All remaining issues raised by MCC in its protest may be
renewed by MCC within the comment deadline established herein.

Magalie R. Salas,
Secretary.
[FR Doc. E6-1442 Filed 2-2-06; 8:45 am]

BILLING CODE 6717-01-P


----------------------------------------------------------------------------------------------------------------
                                                                               Unit cost ($/lb U3O8)
                                                                 -----------------------------------------------
                                                                   Conventional
                                                                       mills      ISL facilities    Heap leach
----------------------------------------------------------------------------------------------------------------
GACT--Double Liners for Conventional Impoundments *.............           $1.04  ..............  ..............
GACT--Double Liners for Non-conventional Impoundments *.........            1.04           $3.07           $0.22
GACT--Maintaining Non-conventional Impoundment Sediments 100%              0.015           0.026          0.0013
 Saturated......................................................
GACT--Liners for Heap Leach Piles *.............................  ..............  ..............            2.01
GACTs--Total for All Four.......................................            2.09            3.09            2.24
Baseline Facility Costs ** (EIA Section 6.2)....................           55.18           51.31           45.06
Baseline Facility Costs ***.....................................           51.56           52.49           46.08
----------------------------------------------------------------------------------------------------------------
* Liners required by 40 CFR part 192.
** Based on Price of U3O8 at $55/lb.
*** Based on Price of U3O8 at $65/lb (used in proposed rule).

    A reference facility for each type of uranium recovery facility is
developed and described in Section 6.2 of the EIA, including the base
cost estimate to construct and operate each of the three types of
reference facilities. For comparison purposes, the unit cost (per pound
of U3O8) of the three uranium recovery reference
facilities is presented at the bottom of Table 5. In developing the
baseline cost, it was assumed that the price of
U3O8 is $55 per pound. At that price, baseline
facility costs increase somewhat for the conventional mill because the
cost of financing (i.e., interest) also increases as revenues are
lower. The baseline cost for a conventional mill actually exceeds the
$55/lb, which suggests that the mill cannot operate profitably.
Baseline costs at $65 per pound, which was used to support the proposed
rule, are also shown for comparison. This illustrates the sensitivity
of facility cost to market price, which is more significant than the
cost of implementing the GACT-based standards.
    Based on the information in Table 5, the four GACT-based standards
represent about 4%, 6%, and 5% of the baseline cost (per pound of
U3O8) at conventional, ISL, and heap leach
uranium recovery facilities, respectively. The baseline costs were
estimated using recently published cost data for actual uranium
recovery facilities. For the model conventional mill, we used data from
the recently licensed new mill at the Pi[ntilde]on Ridge project in
Colorado. For the model ISL facility, we used data from two proposed
new facilities: (1) The Centennial Uranium project in Colorado; and (2)
the Dewey-Burdock project in South Dakota. The Centennial project is
expected to have a 14- to 15-year production period, which is a long
duration for an ISL facility, while the Dewey-Burdock project is
expected to have a shorter production period of about 9 years, which is
more representative of ISL facilities. For the heap leach facility, we
used data from the proposed Sheep Mountain project in Wyoming.
    Baseline costs for conventional impoundment liner construction \25\
will remain the same, since the final rule does not impose additional
requirements. Liners meeting the requirements at 40 CFR 192.32(a)(1)
are already mandated by other regulations and were mandated by the 1989
rule and, therefore, are built into the baseline cost estimate. As a
result, there are no costs (or benefits) resulting from the inclusion
of these requirements in the final rule.
---------------------------------------------------------------------------

    \25\ These liner systems (conventional, non-conventional and
heap leach piles) are already required by 40 CFR 192.32(a)(1),
which, as explained above, are requirements promulgated by the EPA
under UMTRCA that are incorporated into NRC regulations and
implemented and enforced by the NRC through its licensing
requirements. Therefore, we are not placing any additional liner
requirements on facilities or requiring them to incur any additional
costs to build their conventional or non-conventional impoundments
or heap leach piles above and beyond what an owner or operator of
these impoundments must already incur to obtain an NRC license.
Therefore, there are no projected costs (or benefits) beyond the
baseline resulting from the inclusion of these requirements in
Subpart W.
---------------------------------------------------------------------------

    The average cost to construct one of these impoundments is $13.8
million. We estimate that this cost is less than 2% of the total
baseline costs to construct and operate a conventional mill, per pound
of U3O8 produced.
    We have estimated that for an average 80-acre non-conventional
impoundment the average cost of construction of an impoundment is $24.7
million. Requiring impoundments to comply with the liner requirements
in 40 CFR 192.32(a)(1) will contain the uranium byproduct material and
reduce the potential for ground water contamination. The only economic
impact attributable to the final rule is the cost of complying with the
new requirement to maintain liquids such that solids in the non-
conventional impoundments are not visible above the liquid level during
operation and standby. As explained in Section IV.B.3. of this
preamble, as long as solid materials are maintained in a saturated
state in the non-conventional impoundments the effective radon
emissions from the ponds are reduced by approximately 95%. In order to
maintain a liquid surface above the sediments within a pond, it is
necessary to replace the water that is evaporated from the pond.
Depending on the source of water chosen, we estimate that this
requirement will cost owners or operators of non-conventional
impoundments between $2,909 and $37,527 per year.\26\ This value also
varies according to the size of the non-conventional impoundment, up to
80 acres, and the location of the impoundment. Evaporation rates vary
by geographic location. The requirement to maintain a liquid surface
above solid materials in the ponds is estimated to cost less than $0.03
per pound of uranium produced.
---------------------------------------------------------------------------

    \26\ These figures are higher than those estimated for the
proposed rule. We received information during the comment period
that resulted in an increase in the estimated cost of obtaining
makeup water, so the final rule requirement of 100% saturation is
still lower than the proposed requirement to maintain one meter of
liquid, using the same base water costs.
---------------------------------------------------------------------------

    Designing and constructing heap leach piles to meet the
requirements at 40 CFR 192.32(a)(1) will minimize the potential for
leakage of uranium enriched lixiviant into the ground water.
Specifically, this will require that a double liner, with drainage
collection capabilities, be provided under heap leach piles. Baseline
costs for heap leach pile liner construction will remain the same,
since the final rule does not impose additional requirements. Liners
meeting the requirements at 40 CFR 192.32(a)(1) are already mandated by
other regulations and, therefore, built into the baseline cost
estimate. Therefore there are consequently no costs (or benefits)
resulting from the inclusion of these requirements in Subpart W.
Baseline costs for construction will be essentially the same as for
conventional impoundments. Since the liner systems are equivalent to
the systems used for conventional and non-conventional impoundments, we
have been able to estimate the average costs associated with the
construction of heap leach pile impoundments that meet the liner
requirements we are proposing, and compare them to the costs associated
with the total production of uranium produced by the facility. The
average cost of constructing such an impoundment is estimated to be
approximately $12.6 million. The costs of constructing this type of
liner system are less than 5% of the estimated total baseline costs of
a heap leach facility.
    In summary, we estimate that for conventional impoundments there
will be no additional costs incurred through this proposed rule. For
non-conventional impoundments we estimate that the additional costs
incurred by this proposed rule will be to maintain a layer of liquid
above solid materials in each non-conventional impoundment, and we have
estimated those costs between approximately $2,909 and $37,527 per
year, which represents less than $0.03 per pound of
U3O8 produced. For heap leach piles, no
additional costs will be incurred.

C. What are the non-air environmental impacts?

    Water quality will be maintained by implementation of this final
rule. This final rule does contain requirements (by reference) related
to water discharges and spill containment. In fact, the liner
requirements cross referenced at 40 CFR 192.32(a)(1) will significantly
decrease the possibility of contaminated liquids leaking from
impoundments into ground water (which can be a

significant source of drinking water). Section 192.32(a)(1) includes a
cross-reference to the surface impoundment design and construction
requirements of hazardous waste surface impoundments regulated under
RCRA, found at 40 CFR 264.221. Those requirements state that the
impoundment shall be designed, constructed and installed to prevent any
migration of wastes out of the impoundment to the adjacent subsurface
soil or ground water or surface water at any time during the active
life of the impoundment. There are other requirements in 40 CFR 264.221
for the design and operation of the impoundment, and these include
construction specifications, slope requirements, sump and liquid
removal requirements. These liner systems for conventional and non-
conventional impoundments and heap leach piles are already required by
40 CFR 192.32(a)(1), which, as explained above, are requirements
promulgated by the EPA under UMTRCA that are incorporated into NRC
regulations and implemented and enforced by the NRC through their
licensing requirements. Therefore, we are not placing any additional
liner requirements on facilities or requiring them to incur any
additional costs to build their conventional or non-conventional
impoundments or heap leach piles above and beyond what an owner or
operator of these impoundments must already incur to obtain an NRC
license.
    Including a double liner in the design of all onsite impoundments
that would contain uranium byproduct material or tailings will reduce
the potential for groundwater contamination. Although the amount of the
potential reduction is not quantifiable, it is important to take this
into consideration due to the significant use of ground water as a
source of drinking water.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is a significant regulatory action that was submitted
to OMB for review. The Executive Order (E.O.) defines ``significant
regulatory action'' as one that is likely to result in a rule that may
``raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.'' Any changes made in response to OMB recommendations have been
documented in the docket for this action. The EPA prepared an economic
analysis of the potential costs and benefits associated with this
action. This analysis, ``Technical and Regulatory Support to Develop a
Rulemaking to Modify the NESHAP Subpart W Standard for Radon Emissions
from Operating Mill Tailings (Background Information Document and
Economic Impact Analysis),'' Docket No. EPA-HQ-OAR-2008-0218, is
available in the docket and summarized in Section V of this preamble.
This action is not a significant economic action.

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this rule have been
submitted for approval to OMB under the PRA. The Information Collection
Request (ICR) document prepared by the EPA has been assigned EPA ICR
number 2464.02. You can find a copy of the ICR in the docket for this
rule, and it is briefly summarized here. The information collection
requirements are not enforceable until OMB approves them.
    The information to be collected for the rule is based on the
requirements of the CAA. Section 114 authorizes the Administrator of
the EPA to require any person who owns or operates any emission source
or who is subject to any requirements of the Act to:

--Establish and maintain records
--Make reports, install, use, and maintain monitoring equipment or
method
--Sample emissions in accordance with EPA-prescribed locations,
intervals and methods
--Provide information as may be requested

    EPA's regional offices use the information collected to ensure that
public health continues to be protected from the hazards of
radionuclides by compliance with health based standards and/or GACT.
    The rule requires the owner or operator of a uranium recovery
facility to maintain records that confirm that the conventional
impoundment(s), non-conventional impoundment(s) and heap leach pile(s)
meet the requirements in Sec.  192.32(a)(1). Included in these records
are the results of liner compatibility tests and documentation that a
layer of liquid above solid materials has been maintained in non-
conventional impoundments. This documentation should be sufficient to
allow an independent auditor (such as an EPA inspector) to verify the
accuracy of the determination made concerning the facility's compliance
with the standard. These records must be kept at the mill or facility
for the operational life of the facility and, upon request, be made
available for inspection by the Administrator, or his/her authorized
representative. The rule requires the owners or operators of operating
non-conventional impoundments to submit digital photographs taken
during the compliance inspections required in section 61.252(b). The
recordkeeping requirements require only the specific information needed
to determine compliance. We have taken this step to minimize the
reporting requirements for small business facilities.
    The annual monitoring and recordkeeping burden to affected sources
for this collection (averaged over the first three years after the
effective date of the final rule) is estimated to be 6,693 hours with a
total annual cost of $336,950 for the requirements related to
documenting the liquid level in non-conventional impoundments, and a
one-time expenditure of 460 hours and $32,890 to maintain records of
impoundment design and construction. This estimate includes a total
capital and start-up cost component annualized over the facility's
expected useful life and a purchase of services component. We estimate
that this total burden will be spread over 23 facilities that will be
required to keep records.
    Burden is defined at 5 CFR 1320.3(b). An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in 40 CFR are listed in
40 CFR part 9. When OMB approves this ICR, the Agency will announce
that approval in the Federal Register and publish a technical amendment
to 40 CFR part 9 to display the OMB control number for the approved
information collection activities contained in this final rule.

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. The
small entities subject to the requirements of this action are small
businesses whose company has less than 250 employees and is primarily
engaged in leaching or beneficiation of uranium, radium or vanadium
ores as defined by NAICS code 212291.
    The EPA has determined that small entities subject to the
requirements of

this action are approximately 18 uranium recovery facilities that are
currently operating or plan to operate in the future. The Agency has
determined that the ten small businesses that own these facilities may
experience an impact of less than 1% of total annual production costs,
or less than $0.03 per pound of uranium produced. Details of this
analysis are presented in Section 6 of the BID/EIA prepared to support
this rulemaking (Docket No. EPA-HQ-OAR-2008-0218).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The final rule
imposes no enforceable duty on any state, local or tribal governments
or the private sector. Thus, this rule is not subject to the
requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments nor does it impose
obligations upon them.

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. None of
the facilities subject to this action are owned and operated by State
governments and nothing in the final rule will supersede State
regulations. Thus, E.O. 13132 does not apply to this final rule.

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

    This action does not have tribal implications, as specified in
Executive Order 13175. The action imposes requirements on owners and
operators of specified area sources and not tribal governments. Thus,
Executive Order 13175 does not apply to this action.
    The EPA notes, however, that several tribes or tribal groups
expressed interest in this rulemaking due to the proximity of some of
the facilities regulated under Subpart W to tribal lands. Consistent
with the EPA Policy on Consultation and Coordination with Indian
Tribes, the EPA consulted with tribal officials of the Ute Mountain Ute
Tribe during development of this action. A summary of that consultation
is provided in Docket No. EPA-HQ-OAR-2008-0218-0120.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866. This
action's health and risk assessments are contained in Section IV.B.2 of
this preamble and in the Background Information Document prepared to
support this action (Docket No. EPA-HQ-OAR-2008-0218). The updated risk
assessment described in Section IV.B.2 incorporated the risk
coefficients from Federal Guidance Report (FGR) No. 13, ``Cancer Risk
Coefficients for Environmental Exposure to Radionuclides,'' which
includes age-averaged factors to convert radionuclide exposure (intake)
to health risk. FGR 13 was developed subsequent to the risk assessment
conducted to support the 1989 rulemaking, which relied upon factors
applicable to adults. FGR 13 is undergoing revision.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This final rule will not adversely
directly affect productivity, competition, or prices in the energy
sector.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards. The rule
retains requirements for radon monitoring using Method 115 that were
promulgated in 1989.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this decision is contained in Section IV.B.2 of this
preamble and the Background Information Document prepared to support
this action (Docket No. EPA-HQ-OAR-2008-0218).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the 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 61

    Environmental protection, Air pollution control, Hazardous
substances, Radon, Tailings, Byproduct, Uranium, Reporting and
recordkeeping requirements.

    Dated: December 20, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends title 40, Chapter I of the Code of Federal
Regulations as follows:

PART 61--NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
1. The authority citation for part 61 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart W--National Emission Standards for Radon Emissions From
Operating Mill Tailings

0
2. Section 61.251 is amended by revising paragraphs (b) through (f) and
adding paragraphs (h) through (o) to read as follows:

Sec.  61.251  Definitions.

* * * * *
    (b) Continuous disposal means a method of uranium byproduct
material or tailings management and disposal in which uranium byproduct
material or tailings are dewatered by mechanical methods immediately
after generation. The dried uranium byproduct material or tailings are
then placed in trenches or other disposal areas and immediately covered
to limit emissions consistent with applicable Federal standards.
    (c) Dewatered means to remove the water from recently produced
uranium byproduct material or tailings by mechanical or evaporative
methods such that the water content of the uranium byproduct material
or tailings does not exceed 30 percent by weight.
    (d) Existing conventional impoundment means any conventional
uranium byproduct material or tailings impoundment which is licensed to
accept additional uranium byproduct material or tailings and is in
existence on December 15, 1989.

    (e) Operation. Operation means that an impoundment is being used
for the continued placement of uranium byproduct material or tailings
or is in standby status for such placement. An impoundment is in
operation from the day that uranium byproduct material or tailings are
first placed in the impoundment until the day that final closure
begins.
    (f) Phased disposal means a method of uranium byproduct material or
tailings management and disposal which uses lined impoundments which
are filled and then immediately dried and covered to meet all
applicable Federal standards.
* * * * *
    (h) Conventional impoundment. A conventional impoundment is a
permanent structure located at any uranium recovery facility which
contains mostly solid uranium byproduct material or tailings from the
extraction of uranium from uranium ore. These impoundments are left in
place at facility closure.
    (i) Non-conventional impoundment. A non-conventional impoundment is
used for managing liquids from uranium recovery operations and contains
uranium byproduct material or tailings suspended in and/or covered by
liquids. These structures are commonly known as holding ponds or
evaporation ponds and can be located at any uranium recovery facility.
They are typically not permanent structures unless they transition to
become used as conventional impoundments. Impoundments constructed for
the purpose of managing liquids from closure or remediation activities
(e.g., contaminated groundwater), and which are used solely for that
purpose, are not subject to the requirements of this subpart.
    (j) Heap leach pile. A heap leach pile is a pile of uranium ore
placed on an engineered structure and stacked so as to allow uranium to
be dissolved and removed by leaching liquids.
    (k) Standby. Standby means the period of time that an impoundment
is not accepting uranium byproduct material or tailings but has not yet
entered final closure.
    (l) Uranium recovery facility. A uranium recovery facility means a
facility licensed by the NRC or an NRC Agreement State to manage
uranium byproduct material or tailings during and following the
processing of uranium ores. Common names for these facilities are a
conventional uranium mill, an in-situ leach (or recovery) facility and
a heap leach facility or pile.
    (m) Heap leach pile operational life. The operational life of a
heap leach pile means the time period from the first time that
lixiviant is placed on the heap leach pile until the time the final
rinse is completed.
    (n) Final closure means the period during which an impoundment or
heap leach pile is being managed in accordance with the milestones and
requirements in an approved reclamation plan. Final closure for the
impoundment or heap leach pile begins when the owner or operator
provides written notice to the Administrator and to the Nuclear
Regulatory Commission or applicable NRC Agreement State that:
    (1) A conventional impoundment is no longer receiving uranium
byproduct material or tailings, is no longer on standby for such
receipt and is being managed under an approved reclamation plan for
that impoundment or facility closure plan; or
    (2) A non-conventional impoundment is no longer required for
evaporation or holding purposes, is no longer on standby for such
purposes and is being managed under an approved reclamation plan for
that impoundment or facility closure plan; or
    (3) A heap leach pile has concluded its operational life and is
being managed under an approved reclamation plan for that pile or
facility closure plan.
    (o) Reclamation plan means the plan detailing activities and
milestones to accomplish reclamation of impoundments or piles
containing uranium byproduct material or tailings. Activities and
milestones to be addressed include, but are not limited to, dewatering
and contouring of conventional impoundments and heap leach piles, and
removal and disposal of non-conventional impoundments. A reclamation
plan prepared and approved in accordance with 10 CFR part 40, Appendix
A is considered a reclamation plan in this subpart.

0
3. Section 61.252 is revised to read as follows:

Sec.  61.252   Standard.

    (a) Each owner or operator of a conventional impoundment shall
comply with the following requirements:
    (1) Radon-222 emissions to the ambient air from an existing
conventional impoundment shall not exceed 20 pCi/(m\2\-sec) (1.9 pCi/
(ft\2\-sec)) of radon-222 and all owners or operators shall comply with
the provisions of 40 CFR 192.32(a)(1) in the operation of the
impoundment notwithstanding the exemption for existing impoundments in
40 CFR 192.32(a)(1).
    (2) After December 15, 1989, no new conventional impoundment may be
built unless it is designed, constructed and operated to meet one of
the two following management practices:
    (i) Phased disposal in lined impoundments that are no more than 40
acres in area and comply with the requirements of 40 CFR 192.32(a)(1).
The owner or operator shall have no more than two conventional
impoundments, including existing conventional impoundments, in
operation at any one time.
    (ii) Continuous disposal such that uranium byproduct material or
tailings are dewatered and immediately disposed with no more than 10
acres uncovered at any time and shall comply with the requirements of
40 CFR 192.32(a)(1).
    (b) Each owner or operator of a non-conventional impoundment shall
comply with the following requirements: Non-conventional impoundments
shall meet the requirements of 40 CFR 192.32(a)(1). During operation
and until final closure begins, the liquid level in the impoundment
shall be maintained so that solid materials in the impoundment are not
visible above the liquid surface, verified by daily inspections
documented through notations and by digital photographic evidence
collected at least weekly. Should inspection reveal that solid
materials in the impoundment are visible above the liquid surface, the
owner or operator must correct the situation within seven days, or
other such time as specified by the Administrator.
    (c) Each owner or operator of a heap leach pile shall comply with
the following requirements: Heap leach piles that have completed their
operating life but have not yet entered final closure shall be managed
in compliance with the phased disposal management practice in paragraph
(a)(2)(i) of this section. Heap leach piles shall be constructed in
lined impoundments that are no more than 40 acres in area and shall
comply with the requirements of 40 CFR 192.32(a)(1). The owner or
operator shall have no more than two heap leach piles, including
existing heap leach piles, subject to this subpart at any one time.

0
4. Section 61.255 is revised to read as follows:

Sec.  61.255  Recordkeeping requirements.

    (a) The owner or operator of any uranium recovery facility must
maintain records that confirm that the conventional impoundment(s),
non-conventional impoundment(s) and heap leach pile(s) subject to this
subpart at the facility meet the requirements in 40 CFR 192.32(a)(1).
These records shall

include, but not be limited to, the results of liner compatibility
tests.
    (b) The owner or operator of any uranium recovery facility with
non-conventional impoundments must maintain written records from daily
inspections and other records confirming that any sediments have
remained saturated in the non-conventional impoundments at the
facility. Periodic digital photographic evidence, with embedded date
stamp and other identifying metadata, shall be collected no less
frequently than weekly to demonstrate compliance with the requirements
of Sec.  61.252(b). Should inspection reveal that a non-conventional
impoundment is not in compliance with the requirements of Sec.
61.252(b), the owner or operator shall collect photographic evidence
before and after the non-compliance is corrected.
    (c) The records required in paragraphs (a) and (b) in this section
must be kept at the uranium recovery facility for the operational life
of the facility and must be made available for inspection by the
Administrator, or his authorized representative.
    (1) Digital photographs taken to demonstrate compliance with the
requirements of Sec.  61.252(c) shall be submitted electronically using
the Subpart W Impoundment Photographic Reporting (SWIPR) system that is
accessed through EPA's Central Data Exchange (CDX) (cdx.epa.gov) at
least monthly.
    (i) Owners and operators must also submit information identifying
the facility and facility location, the name or other designation of
each impoundment, and the date and time of each photograph.
    (ii) If the reporting form specific to this subpart is not
available in SWIPR, the owner or operator must retain the digital
photographs at the facility and provide them to the EPA or authorized
State upon request, with the supporting information required in
paragraph (c)(1)(i) of this section.
    (2) [Reserved]

[FR Doc. 2016-31425 Filed 1-13-17; 8:45 am]
 BILLING CODE 6560-50-P


  U.S. Department of Labor  -  Occupational Safety and Health Administration
    MARITIME ADVISORY COMMITTEE FOR OCCUPATIONAL SAFETY AND HEALTH (MACOSH)
Conference Rooms C-5521 and C-5515, US Department of Labor, Frances Perkins Building,               200 Constitution Avenue NW., Washington, DC 20210
                     Type of Meeting:  Full MACOSH Meeting
                        MACOSH Agenda: August 20, 2014
     Amy Wangdahl  -  Designated Federal Official  -<EMAIL_ADDRESS>          Jim Thornton  -  MACOSH Chair --<EMAIL_ADDRESS>         Jennifer Levin  -  Committee Counsel  -<EMAIL_ADDRESS>   Vanessa Welch  -  Longshoring Workgroup Support  -<EMAIL_ADDRESS>  Danielle Watson  -  Shipyard Workgroup Support  -<EMAIL_ADDRESS>           MACOSH Agendas are subject to change without prior notice
Full Committee Agenda:  August 20, 2014         -Open to the Public-	    Scheduled items, Public Comment
9:00  -  9:15 AM
Opening Remarks, Roll-call, Introduction of MACOSH Members
Jim Thornton, MACOSH Chair
9:15  -  9:30 AM
Introduction of Public Participants
Jim Thornton, MACOSH Chair/ Public Participants
9:30  -  9:45 AM
Review of Minutes from the MACOSH meeting in Washington, DC, April 16, 2014
Full Committee

Agenda
Jim Thornton , MACOSH Chair
9:45  -  10:15 AM
Update on US Coast
Guard activities
Ken Smith, MACOSH member, US Coast Guard
10:15  -  10:30 AM
Break
On Your Own
10:30  -  11:00 AM
CSHO Update

David Doucet, OSHA Region 6
11:00  -  11:30 AM
Overview of  the US Committee on the Marine Transportation System
Helen Brohl, Executive Director
11:30  -  12:30 PM
Lunch
On Your Own
12:30  -  1:00 PM
Overview of OSHA's Whistleblower Protection Program
Laura Seeman & Robert Swick, OSHA Directorate of Whistleblower Protection Programs
1:00  -  2:30 PM
Longshoring Workgroup Report and Committee Discussion
Kelly Garber, Longshoring Workgroup Chair
2:30  -  2:45 PM
Break
On Your Own
2:45  -  4:15 PM
Shipyard Workgroup Report and Committee Discussion

Don Raffo, Shipyard Workgroup Chair
4:15  -  5:00 PM
Open discussion, Closing Remarks, Adjourn

Full Committee