[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Notices]
[Page 3983]
[FR Doc No: 2023-01175]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-843-000]

Oak Trail Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Oak Trail Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 6, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: January 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-01175 Filed 1-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44457-44458]
[FR Doc No: 2011-18191]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 34

[Docket No. FAA-2011-0746]

Application of Regulations on Fuel Venting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Policy determination.

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SUMMARY: This document advises the public of a recent decision by the
Federal Aviation Administration (FAA) concerning the application of
certain provisions of the regulations regarding fuel venting
requirements.

DATES: We must receive your comments by August 25, 2011.

ADDRESSES: This is a notice of a policy determination only. You may
send comments identified by Docket Number FAA-2011-0746 using any of
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Curtis Holsclaw, Office of Environment
and Energy (AEE-2), FAA, 800 Independence Ave., SW., Washington, DC
20591; e-mail<EMAIL_ADDRESS>facsimile<PHONE_NUMBER>,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Title 14 of the Code of Federal Regulations
(14 CFR), part 34, Sec.  34.11 is the regulation that prohibits fuel
venting, the intentional discharge to the atmosphere of fuel drained
from fuel nozzle manifolds after engines are shut down. By its terms,
the regulation does not apply to normal fuel seepage from shaft seals,
joints, and fittings.
    During a recent aircraft certification, the FAA became aware of
difficulties in applying the language of Sec.  34.11 to the newest
designs of aircraft engines. The Boeing Models 747-8, 747-8F, and 787
series airplanes incorporate new General Electric (GE) Model GEnx-2B
and GEnx-1B engines, respectively. These GE engines include an advanced
technology fuel system that significantly reduces fuel consumption and
emissions. This technology incorporates the use of a larger, complex
fuel manifold and a new fuel nozzle design that also uses check valves
as an alternative to a fuel manifold drainage collection tank as a
means to prevent release of fuel after shutdown. While this design
reduces overall emissions, flight tests revealed an intermittent,
inadvertent release of a small amount of

fuel after the engines were shut down. This release of fuel is caused
by unexpected elevated fuel manifold pressures that result in the
release of fuel from the fuel nozzles. Under certain atmospheric
conditions this release of fuel results in a visible vapor. This event
was not observed during the GEnx engine's certification testing under
14 CFR part 33, but only after it was installed and operated on the
subject airplanes.
    Following these observations, the FAA reconsidered how the
provisions of Sec.  34.11 should be applied under the circumstances of
these certifications. A review of the history of the section found that
it was promulgated in 1973 in response to short-sighted environmental
practices of the time, including the routine dumping of up to a gallon
of raw fuel onto the ground after engines were shut down. The general
prohibition in Sec.  34.11 is stated in the first sentence of that
section, that ``[n]o fuel venting emissions shall be discharged into
the atmosphere from any new or in-use aircraft gas turbine engine
subject to the subpart.'' The second sentence appears to condition this
prohibition, stating that ``[t]his paragraph is directed at the
elimination of intentional discharge to the atmosphere of fuel drained
from fuel nozzle manifolds after engines are shut down and does not
apply to normal fuel seepage from shaft seals, joints, and fittings.''
The language of the second sentence presents a unique situation in
aircraft certification by introducing the concept of intent, without
clearly referencing where the intent attaches. The second sentence also
specifies three locations where ``seepage'' is considered normal and
acceptable.
    Historically, application of Sec.  34.11 has not been an issue.
Aircraft engines designed since promulgation of the rule have not
included any means by which fuel is collected and dispersed outside the
engine after shutdown. The GEnx engines at issue do not release fuel
from the three locations noted in the regulation--shaft seals, joints,
or fittings. Nor does the amount of fuel or the manner in which it is
being released rise to the level of historical fuel dumping that
prompted the adoption of the regulation in 1973. Yet, small quantities
of fuel (up to 5.5 ounces) are being released intermittently under
certain conditions, and the fuel is being vaporized on contact with hot
surfaces inside the engine, resulting in the visible fuel vapors that
have been observed when they emit from either the inlet or exit plane
of the engine.
    The new engines incorporate technological advances and
environmental performance improvements that were never envisioned when
the original regulation was adopted in 1973. These factors have made it
more difficult to reconcile the design and function of these engines in
a certification context with a 38-year-old regulation that was aimed at
a different set of circumstances. Application of the current regulation
has become less clear in this context.
    With the cooperation of the equipment manufacturers, the FAA
investigated the safety and environmental effects of the fuel release
and vaporization. The FAA consulted with the Environmental Protection
Agency (EPA) on the local air quality impacts. While we were satisfied
that no safety and minimal environmental effects are evident, we remain
concerned about compliance with the intent of the current regulation,
and the inability of the current regulation to be unambiguously applied
to the certification situation.
    The FAA has determined that the best course of action is to allow
the current certification of these engine/airframe combinations. The
certification basis includes requirements that the manufacturers
develop and install modifications that will eliminate these
intermittent fuel releases and observed vapors that have been
experienced during certification testing. These modifications will
apply to newly manufactured airplanes by December 31, 2012, and in-use
airplanes by December 31, 2014.
    The technological advances incorporated in these engines allow them
to more than exceed the separate regulatory requirements for emissions
that are the focus of current environmental compliance efforts. The FAA
will re-examine the language of the fuel venting regulation and its
application during certification to determine whether it needs to be
changed to address issues associated with newer technologies. We may
consult with the EPA on whether to propose changes to Sec.  34.11 and
its companion regulation at 40 CFR 87.11. We will also consider whether
more flexibility in application of the regulation is appropriate based
on the experience gained during this certification. The decision to
proceed with certification of the subject airframe/engine combinations
is an effort to acknowledge the lack of clarity in the application of
the regulation to the specific circumstances encountered. The
requirement to modify the aircraft is intended to prevent any
retrenchment from the original regulatory intent.

    Issued in Washington, DC, on July 14, 2011.
Lourdes Q. Maurice,
Executive Director, Office of Environment and Energy.
[FR Doc. 2011-18191 Filed 7-25-11; 8:45 am]
BILLING CODE 4910-13-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE NSPS Subpart Dc Standard of Performance for Small Industrial Commercial Institutional Steam Generating Units 1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS Subpart Dc, Standards of Performance for Small Industrial Commercial

Institutional Steam Generating Units.

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for Small Industrial commercial

Institutional Steam Generating Units were proposed on June 9, 1989 and promulgated on September 12, 1990. These standards apply to the following facilities in small industrialcommercial institutional steam generating units with maximum design heat input capacity of 29 megawatt ( MW) ( 100 million Btu/ hr) or less, but greater than or equal to 2.9 MW ( 10 million Btu/ hr) commencing construction, modification or construction after June 9, 1989. The standards limit the emissions the Sulfur Dioxide ( SO 2) and Particulate Matter ( PM). This information is being collected to assure compliance with 40 CFR Part 60, Subpart Dc.

Owners or operators of the affected facilities described must make one time only notifications. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to small industrial commercial institutional steam generating units provide information on the operation of the emissions control device and compliance with SO 2 and PM standards. Quarterly or Semiannual reports of excess emissions are required. These notifications, reports, and records are essential in determining compliance; and are required, in general, of all sources subject to NSPS. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least 2 years following the date of such measurement,

maintenance reports and records.

Approximately 638 sources are currently subject to the standard, and it is estimated that an additional 70 sources per year will become subject to the standard in the next three years. The cost of this ICR will be $ 16,899,488 dollars. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act, as amended, to establish standards of performance for new stationary sources that reflect: . . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated [ Section 111( a)( l)].

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate,

revise such standards every four years.

In addition, Section 114( a) States that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C)

install, use, and maintain such monitoring equipment or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G)

provide such other information as he may reasonably require.

In the Administrator's judgment, SO 2 and PM emissions from Small Industrial

Commercial Institutional Steam Generating Units cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category at 40 CFR Part 60 Subpart Dc 2( b) PRACTICAL UTILITY/ USERS OF THE DATA The control of emissions of SO 2 and PM from Small Industrial Commercial Institutional Steam Generating Units requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of SO 2 and PM from Small Industrial Commercial Institutional Steam Generating Units are the result of operation of the boilers and the fuel they fire. These standards rely on the capture/ reduction of SO 2 and PM emissions by the use of control technologies such as settling chambers, cyclones, wet collectors,

electrostatic precipitators, and fabric filters.

The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. The quarterly/ semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication The recordkeeping and reporting requested is required under 40 CFR Part 60 Subpart Dc. If the standard has not been delegated the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, a copy of the report submitted to the State or Local agency can be sent to the Administrator in lieu of the report required by the federal standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on October 29, 1999.

3( c) Consultations No comments were received on the burden published in the Federal Register.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease. 3( e) General Guidelines None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart Dc or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251,

September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart Dc or otherwise pertinent to this request contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are for Small Industrial

Commercial Institutional Steam Generating Units ( SIC Code 4911) with maximum design heat input capacity of 29 megawatt ( MW) ( 100 million Btu/ hr) or less, but greater than or equal to 2.9 MW ( 10 million Btu/ hr) commencing construction, modification or construction after June 9,

1989.

4( b) INFORMATION REQUESTED ( i) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 60 Subpart Dc.

A source must make the following reports Submit Notification of:

construction/ reconstruction 60.7( a)( 1),

anticipated startup 60.7( a)( 2),

actual startup 60.7( a)( 3),

initial performance test 60.8( d),

demonstration of continuous monitoring system 60.7( a)( 5)

physical or operational change 60.7( a)( 4)

Submit Report on:

initial performance test results 60.8 ( a),

excess emissions 60.7( d)

A source must keep the following records.

startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b) reporting requirements 60.48c records are required to be retained for two years.

ii. Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CMS for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

Perform initial performance test, Reference Method test, and repeat performance tests.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage,

and distribution of the information required under 40 CFR Subpart Dc:

 Observe initial performance tests and repeat performance tests if necessary  Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry  Audit facility records  Input, analyze, and maintain data in the Aerometric Information Retrieval System ( AIRS) database 5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The quarterly and/ or semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AIRS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AIRS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AIRS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility The recordkeeping and reporting requirements were selected within the context of this specific subpart and the specific process equipment and pollutant( s).) The requirements reflect the burden on small businesses. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. Although the recordkeeping and reporting requirements are the same for small and larger businesses, the Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown on Table 2.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified.

Responses to this information collection are mandatory. The 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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 306,727 person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( I) Estimating Labor Costs This ICR uses labor rates of $ 54.94 for technical and $ 24.42 for non technical from the United States Department of Commerce Bureau of Labor Statistics, March 1998, Table 2:

Employment Costs for Civilian Workers by Occupational and Industry Group. The rates are from column 1: Total compensation.

( ii) Estimating Capital and Operations and Maintenance Costs The type of industry costs associated with the information collection activity in the standards are labor and CEMs. The capital start up costs are one time costs when a facility becomes subject to the standard. The capital start up costs for this regulation are $ 8,400,000.

This is based on 56 new sources ( 80 percent of the new source will use a fuel that will require CEM) per year multiplied by $ 150,000 per CEM. The annual operations and maintenance costs are $ 4,785,000. This is based on 319 existing sources that is required to install CEM multiplied by $ 15,000 for upkeep of the monitoring device. The total respondent costs have been calculated on the addition of the capital start up costs and the annual operations and maintenance costs. The average annual burden for capital and operations and maintenance costs to industry over the next three years of the ICR is estimated to be $ 13,185,000 ( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs Monitoring device start up cost ($) annual O& M costs ($)

SO 2, COM $ 150,000 $ 15,000 6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information.

Publication and distribution of the information are part of the AIRS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Federal Government cost during the 3 years of the ICR is estimated to be $ 693,503. This cost is based on an average wage of a GS10 Step 1 employee rate and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Agency Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs The number of existing sources subject to NSPS Subpart Dc is 319 The number of new sources subject to NSPS Subpart Dc is 70 per year. The total annual labor costs are $ 16,899,488 and total annual capital and O& M costs to the regulated entity are $ 13,185,000 dollars. Details upon which this estimate is based appear in Table 2: Industry Burden.

6( e) Bottom Line Burden Hours And Cost Tables See attached tables 6( f) Reasons for Change in Burden The increase in burden from the most recently approved ICR is due to an adjustment. For start up costs and O& M of CEMs. The increase in burden is also due to more accurate estimate of existing and anticipated new sources.

6( g) Burden Statement Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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 are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137), 401 M St., S. W.,

Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29764-29769]
[FR Doc No: 2017-13678]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-9963-95-Region 8]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Mystery Bridge Road/
U.S. Highway 20 Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is
publishing a direct final notice of Partial Deletion of the property
currently owned by Tallgrass Energy Partners, LP, (formerly owned by KM
Upstream LLC and hereinafter referred to as the former KMI

Property), on the Mystery Bridge Road/U.S. Highway 20 Site (Site) from
the National Priorities List (NPL). The Site is located in Natrona
County, northeast of Casper, Wyoming. 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 and Contingency Plan
(NCP). This direct final partial deletion is being published by EPA
with the concurrence of the State of Wyoming through the Wyoming
Department of Environmental Quality (WDEQ) because EPA has determined
that all appropriate response actions under CERCLA, other than
maintenance of institutional controls and five-year reviews, have been
completed for the former KMI source area and the resultant groundwater
contamination. However, this deletion does not preclude future actions
under Superfund.
    This partial deletion pertains to the former KMI Property. EPA is
proposing to delete the entire former KMI Property from the NPL,
including the groundwater (OU1) and the soil/former source area (OU2).
The remaining areas and media of the Site for both OU1 and OU2
containing the volatile halogenated organic chemicals (VHOs) source
soils and plume, which are attributable to the Dow Chemical Company/
Dowell Schlumberger, Inc. (DOW/DSI) facility, will remain on the NPL
and are not being considered for deletion as part of this action.
However, this partial deletion does not preclude future actions under
Superfund.

DATES: This direct final rule is effective August 29, 2017 unless EPA
receives adverse comments by July 31, 2017. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final
partial deletion in the Federal Register informing the public that the
partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1990-0011, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions
for submitting comments.
     Email: Andrew Schmidt (schmidt.andrew@epa.gov).
     Mail: Andrew Schmidt, Remedial Project Manager, 8EPR-SR,
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver,
CO 80202.
     Hand Delivery: Andrew Schmidt, Remedial Project Manager,
8EPR-SR, Environmental Protection Agency, Region 8, 1595 Wynkoop
Street, Denver, CO 80202.
    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-
1990-0011. 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 email. The Web site, http://www.regulations.gov,
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 email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, 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 hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at: U.S. EPA Region 8,
Superfund Records Center & Technical Library, 1595 Wynkoop Street,
Denver, CO 80202-1129.
    Viewing hours: 8 a.m. to 4:00 p.m., Monday through Thursday,
excluding holidays;
    Contact: Andrew Schmidt;<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>and Natrona County Public Library, Reference
Desk, 307 East 2nd Street, Casper, WY 82601-2593,<PHONE_NUMBER>.

Monday-Thursday: 9 a.m.-6 p.m.
Friday and Saturday: 9 a.m.-5 p.m.

FOR FURTHER INFORMATION CONTACT: Andrew Schmidt, Remedial Project
Manager, 8EPR-SR, U.S. Environmental Protection Agency, Region 8, 1595
Wynkoop Street, Denver, CO 80202-1129,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 8 is publishing this direct final notice of Partial
Deletion for the former KMI Property of the Mystery Bridge Road/U.S.
Highway 20 Superfund Site (Site) from the National Priorities List
(NPL). The former KMI Property includes areas of soil and groundwater
formerly impacted by benzene, toluene, ethylbenzene, and total xylenes
(collectively known as BTEX) contamination. A map and surveyed
boundaries of the former KMI Property are included in the docket and at
the information repositories listed above. The NPL constitutes Appendix
B of 40 CFR part 300, which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), which EPA promulgated
pursuant to Section 105 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of 1980, as amended. EPA
maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). This partial deletion of the
Mystery Bridge Road/U.S. Highway 20 Superfund Site is proposed in
accordance with 40 CFR 300.425(e) and is consistent with the Notice of
Policy Change: Partial Deletion of Sites Listed on the NPL, 60 FR 55466
(Nov. 1, 1995). As described in Sec.  300.425(e)(3) of the NCP, a
portion of a site deleted from the NPL remains eligible for Fund-
financed remedial action if future conditions warrant such actions.
    Because EPA considers this action to be non-controversial and
routine, this action will be effective August 29, 2017 unless EPA
receives adverse comments

by July 31, 2017. Along with this direct final Notice of Partial
Deletion, EPA is co-publishing a Notice of Intent for Partial Deletion
in the ``Proposed Rules'' section of the Federal Register. If adverse
comments are received within the 30-day public comment period on this
partial deletion action, EPA will publish a timely withdrawal of this
direct final Notice of Partial Deletion before the effective date of
the partial deletion, and the partial deletion will not take effect.
EPA will, as appropriate, prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent for
Partial Deletion and the comments already received. There will be no
additional opportunity to comment.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Mystery Bridge Road/U.S.
Highway 20 Superfund Site and demonstrates how portions of the Site
proposed for deletion meet the deletion criteria. Section V discusses
EPA's action to partially delete the Site from the NPL unless adverse
comments are received during the public comment period.

II. NPL Deletion Criteria

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

III. Partial Deletion Procedures

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

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting the
former KMI Property from the Mystery Bridge Road/U.S. Highway 20
Superfund Site.

Site Background and History

    The Mystery Bridge Road/U.S. Highway 20 Superfund Site (Site), EPA
ID No. WYD981546005, is located in Natrona County, Wyoming northeast of
Casper, Wyoming and one mile east of Evansville. The Site is bordered
on the north by the North Platte River, on the west by the Sinclair
Refinery (formerly known as the Little America Refining Company or
LARCO), on the south by U.S. Highway 20 and on the east by Mystery
Bridge Road. The northern two thirds of the Site contain residential
housing units built primarily between 1973 and 1983. The former KN
Energy (KN) facility, now owned by Tallgrass Energy Partners, LP,
formerly owned by KM Upstream LLC and referred to in this Notice of
Partial Deletion as the former KMI Property, and the adjacent Dow
Chemical Company and Dowell-Schlumberger, Inc (DOW/DSI) facilities
comprise the southern third of the Site. Site investigations, initiated
due to resident complaints of poor water and air quality, were
completed in 1986 and 1987 and identified a BTEX plume originating from
the former KMI Property and a volatile halogenated organic chemicals
(VHOs) plume originating from the DOW/DSI property, moving northeast
towards the North Platte River. The Site was proposed for listing on
the National Priorities List June 24, 1988 (53 FR 23996, 23749-24010
(June 24, 1988)), and was listed on the National Priorities List on
August 30, 1990 (55 FR 35508, 35419-35554 (August 30, 1990)). Potential
releases at the Sinclair Refinery (formerly LARCO) facility are
currently being addressed under a RCRA 3008(h) order.
    KM Upstream LLC and its predecessors have operated a natural gas
fractionation, compression, cleaning, odorizing, and transmission plant
at the Site since 1965. During the plant start-up, an underground pipe
burst, injecting 5,000 to 10,000 gallons of absorption oil into the
subsurface. Also, initially, an earthen flare pit was used to collect
spent material generated by the facility. Absorption oil, emulsions,
anti-foulants, and anti-corrosive agents, crude oil condensate, liquids
accumulated in the flare stack, potassium hydroxide treated waste, and
lubrication oils and blowdown materials from plant equipment were all
possibly collected in

the flare pit. In 1984, a concrete-lined flare pit was constructed and
put into operation. Leaks from the earthen flare pit, the initial
absorption oil spill, and a catchment area that collected surface water
run-off are all believed to have contributed to the BTEX soil and
groundwater impacts.
    The DOW/DSI facility has conducted oil and gas production
enhancement services for the oil and gas industry since the 1950's.
Contamination originating from the DOW/DSI facility is believed to have
come from the truck wash water disposal system (believed to have
contained chlorinated solvents) and the toluene storage area on the
northern end of the facility.
    EPA is the lead agency for the Site, and WDEQ is the support
agency. Pursuant to the 1991 Consent Decree, KN, its successor Kinder
Morgan Inc. (KMI), and DOW/DSI have jointly conducted and funded the
remediation work at the Site. The former KMI Property is in continued
operation as mid-stream gas processing facility.
    The Site was divided into two media-specific operable units (OUs).
OU1 refers to the groundwater at the Site and OU2 refers to the source
areas in the soil at the Site.

Remedial Investigations and Feasibility Study (RI/FS) and Engineering
Evaluations/Cost Analysis (EE/CA)

    Numerous studies and remedial investigations conducted within the
Site have addressed the former KMI Property. In December 1987, KN and
DOW/DSI entered into Administrative Orders on Consent (AOCs) to perform
removal actions at their respective facilities. Based on the findings
of the initial investigation, each PRP was required to prepare an
Engineering Evaluation/Cost Analysis (EE/CA) of its property to
document the extent and nature of the contaminants present and to
support proposals of expedited removal actions. The AOC also required
the two PRPs to perform a Remedial Investigation/Feasibility Study (RI/
FS) of the Brookhurst Subdivision site. The Mystery Bridge/U.S. Hwy 20
Superfund site includes the former KMI Property, the DOW/DSI property,
several adjacent industrial properties, the Burlington Northern right-
of-way and the Subdivision. The Brookhurst Subdivision RI/FS was
submitted in June 1990 and concluded that two groundwater plumes
originated from the industrial area, one from the DOW/DSI property
containing VHOs and one from the former KMI Property contaminated with
BTEX and suggested that the two plumes were not commingled.
    In early 1988, Phase I and Phase II Environmental Site Assessments
were performed on the former KMI Property, focusing on the area around
the flare pit. Based on the free product findings, a Phase III
Environmental Site Assessment, including a soil vapor survey, was
conducted in mid-1988 to identify the extent of impacts. The EPA
developed site-specific soil action levels (SALs) in 1988 for the
former KMI Property that were based on toxicity data current at the
time including:

 Benzene: 80 to 82 micrograms per kilogram ([micro]g/kg)
 Ethylbenzene: 182,000 to 325,000 [micro]g/kg
 Toluene: 71,000 to 107,000 [micro]g/kg
 Total Xylenes: 176,000 [micro]g/kg

    In March 1989, the KN EE/CA was submitted to the EPA.

Selected Remedy

    On July 14, 1989 the EPA signed an action memorandum, choosing the
suggested response strategy outlined by the EE/CA. In November 1989, KN
started the OU1 response actions, coupling a groundwater pump and treat
system with a soil vapor extraction system, to remove BTEX contaminants
in three phases: Soil vapor, floating product, and dissolved in
groundwater. In September 1990, EPA issued a Record of Decision (ROD)
dividing the Site into two operable units: OU1, groundwater contaminant
plumes, and OU2, contaminated soils which represent a source for the
groundwater contamination. The 1990 ROD selected a remedial action for
OU1, the groundwater, and deferred selection of the remedial action for
OU2. The OU1 ROD set out the following remedial action objectives
(RAOs) for the BTEX contamination:
    (1) Prevent ingestion of water containing benzene, toluene,
ethylbenzene, or xylene at concentrations that either (a) exceed MCLs
or proposed MCLs, or (b) Present a total carcinogenic risk range
greater than 1 x 10-4 to 1 x 10-6; and
    (2) Restore the alluvial aquifer to concentrations that both (a)
meet the MCLs or proposed MCLs for benzene, toluene, ethylbezene, and
xylene, and (b) Present a total carcinogenic risk range less than 1 x
10-4 to 1 x 10-6. The area of attainment included
the entire BTEX groundwater plume.
    The applicable MCLs for BTEX were the National Primary Drinking
Water Regulations (40 CFR 141.61):

 Benzene: 0.005 milligrams per liter (mg/L)
 Ethylbenzene: 0.7 mg/L
 Toluene: 1 mg/L
 Total Xylenes 10 mg/L

    An institutional control to restrict the groundwater use was also
included in the OU1 ROD. In October 1991, a Consent Decree, where
parties agreed to implement the OU1 remedy, was signed between EPA, KN
and DOW/DSI.

Response Actions

    The KN OU1 remediation system operated from November 1989 to August
1996 and involved a pump-and-treat system, where the effluent was sent
through an air stripper and a soil vapor extraction system. The clean
effluent from the air stripper was returned to the subsurface. A
groundwater monitoring plan (GWP) was developed in 1993 and specified
that quarterly post-remedial action (RA) monitoring would begin after
the remediation system was discontinued and 12 months of groundwater
sampling results were below the MCLs.
    KMI assumed responsibility for KN's portion of the Site when KMI
purchased KN in 1999. After a minimum of eight quarterly post-RA
sampling events were conducted where the 90 percent one-tailed upper
confidence limit (UCL90) concentrations for benzene, ethylbenzene,
toluene, and total xylenes were below the MCLs for each chemical,
compliance with the RAOs for the BTEX groundwater plume was achieved.
It was confirmed that the OU1 RAOs were achieved in 2010 and the
results were recorded in the September 30, 2010 OU2 ROD.
    KN, KMI, and DOW each conducted work at the Site under an
Administrative Order on Consent that addressed the contaminated soils
on their respective properties. The OU2 ROD served to document that
this previous work was completed and that this work cleaned up the DOW/
DSI property and the KMI Property to levels safe for industrial use.
Contaminants have been left above levels that allow for unlimited use
and unrestricted exposure and it is acknowledged that land uses around
these properties are transitioning from rural to residential and
commercial. The OU2 ROD concluded that ICs were necessary for future
protectiveness. Specifically for the former KMI Property, the RAOs
specified in the OU2 ROD include:
     Restricting the use of the KMI Property to industrial
uses.
     Controlling the handling of excavated soils on the KMI
Property.
    The OU2 RAOs have been achieved through institutional controls
placed on the former KMI Property and implemented through restrictive
covenants within the deed transferring the KMI Property from KMI to KM

Upstream LLC and, more recently, to Tallgrass Energy Partners, LP. The
ground water institutional control from the OU1 ROD restricting ground
water use except for sampling purposes at the former KMI Property was
also implemented in 2010 as part of the restrictive covenants.

Operation and Maintenance

    No operation and maintenance is required at the former KMI Property
in addition to maintaining institutional controls.

Five-Year Review

    Because the remedial action implemented for the former KMI Property
results in contaminants remaining on site above concentrations that
allow for unlimited use and unrestricted exposure, continued five-year
reviews will be necessary to ensure that the remedy is protective of
human health and the environment. The Fourth Five-Year Review for the
Site, noted that the pump and treat remedy, as selected in the ROD, was
shutdown prior to meeting cleanup levels at the site. Proper
documentation for the shutdown, and Agency approval was identified for
the decision to turn of the pump and treat system, and can be found in
the deletion docket.

Community Involvement

    Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k) and CERCLA section 117, 42
U.S.C. 9617. Documents in the partial deletion docket, which the EPA
relied on for the partial deletion from the NPL, are available to the
public in the information repositories, and a notice of availability of
the Intent for Partial Deletion has been published in the Casper Star
Tribune to satisfy public participation procedures required by 40 CFR
300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    For the former KMI Property of both OU1 and OU2, EPA and the WDEQ
have determined that the responsible parties completed all appropriate
response actions required by the OU1 and OU2 Records of Decision and
the 1991 Consent Decree. Additionally, institutional controls are in
place that will limit property use to industrial purposes only and will
control the handling of excavated soils and restrict ground water use
to sampling only without further approval from EPA or the State. EPA
has consulted with the State on the proposed partial deletion of the
former KMI Property from OU1 and OU2 from the NPL prior to developing
this notice of Partial Deletion.
    Pursuant to CERCLA section 121(c) and the NCP, EPA will conduct the
next five-year review by September 2019 to ensure the continued
protectiveness of remedial actions where hazardous substances,
pollutants, or contaminants remain at a site above levels that allow
for unlimited use and unrestricted exposure.

V. Partial Deletion Action

    The EPA, with the concurrence of the State of Wyoming through WDEQ,
has determined that all appropriate response actions under CERCLA,
other than maintenance of institutional controls and five-year reviews,
have been completed. Therefore, EPA is deleting the former KMI
Property, including the groundwater from OU1 and the soils/source area
from OU2 of the Mystery Bridge Road/U.S. Highway 20 Superfund Site from
the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective August 29, 2017 unless EPA receives adverse comments by
July 31, 2017. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of partial deletion before the effective date of
the partial deletion and it will not take effect. EPA will prepare a
response to comments and continue with the deletion process on the
basis of the notice of intent to partially delete and the comments
already received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

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

    Dated: May 1, 2017.
Debra H. Thomas,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region 8.

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

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

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

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

0
2. Table 1 of Appendix B to part 300 is amended by revising the entry
under ``WY,'' ``Mystery Bridge Road/U.S. Highway 20,'' ``Evansville''
to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
               State                          Site name               City/county               Notes (a)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
WY.................................  Mystery Bridge Road/U.S.    Evansville/Natrona...  P
                                      Highway 20.
----------------------------------------------------------------------------------------------------------------
(a) = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).
P = Sites with partial deletion(s).

* * * * *
[FR Doc. 2017-13678 Filed 6-29-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: May 30, 2008 (Volume 73, Number 105)]
[Notices]
[Page 31117-31118]
[DOCID:fr30my08-49]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2008-0355; FRL-8573-9]

Human Studies Review Board; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The U.S. Environmental Protection Agency's (EPA or Agency)
Office of the Science Advisor (OSA) announces a public meeting of the
Human Studies Review Board (HSRB) to advise the Agency on EPA's
scientific and ethical review of human subjects research.
    Dates: The public meeting will be held from June 24-June 25, 2008
from 8:30 a.m. to approximately 5:30 p.m., Eastern Time (However, the
second day may not be needed).
    Location: Environmental Protection Agency, Conference Center--Lobby
Level, One Potomac Yard (South Bldg.), 2777 S. Crystal Drive,
Arlington, VA 22202.
    Meeting Access: Seating at the meeting will be on a first-come
basis. To request accommodation of a disability please contact the
person listed under FOR FURTHER INFORMATION CONTACT at least 10
business days prior to the meeting, to allow EPA as much time as
possible to process your request.
    Procedures for Providing Public Input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in Unit
I.D. of this notice.

ADDRESSES: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2008-0355, by any of the following methods:
    Internet: http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    USPS Mail: Environmental Protection Agency, EPA Docket Center (EPA/
DC), ORD Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
    Hand or Courier Delivery: The EPA/DC Public Reading Room is located
in the EPA Headquarters Library, Room Number 3334 in the EPA West
Building, located at 1301 Constitution Ave., NW., Washington DC. The
hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time
(EST), Monday through Friday, excluding Federal holidays. Please call
(202) 566-1744 or e-mail the ORD Docket at<EMAIL_ADDRESS>for
instructions. Updates to Public Reading Room access are available on
the Web site (http://www.epa.gov/epahome/dockets.htm).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2008-0355. 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 through
http://www.regulations.gov or e-mail that you consider to be CBI or
otherwise protected from disclosure. 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 FURTHER INFORMATION CONTACT: Any member of the public who wishes
further information should contact Lu-Ann Kleibacker, EPA, Office of
the Science Advisor, (8105R), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-7189; fax:<PHONE_NUMBER>; e-mail address: kleibacker.lu-
<EMAIL_ADDRESS>General information concerning the EPA HSRB can be found
on the EPA Web site at http://www.epa.gov/osa/hsrb/.

SUPPLEMENTARY INFORMATION:

I. Public Meeting

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of particular interest to persons who conduct or assess
human studies, especially studies on substances regulated by EPA and to
persons who may sponsor or conduct research with human subjects with
the intention to submit it to EPA for consideration under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) or section 408
under the Federal Food, Drug, and Cosmetic Act (FFDCA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of This Document and Other
Related Information?

    You may access this Federal Register document electronically either
through http://www.regulations.gov or through the EPA Web site under
the Federal Register listings at http://www.epa.gov/fedrgstr/.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index under the docket number. Even though it will
be listed by title in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Copyright material will be publicly available
only in hard copy. Publicly available docket materials are available
either electronically in http://www.regulations.gov or in hard copy at
the ORD Docket, EPA/DC, Public Reading Room. The EPA/DC Public Reading
Room is located in the EPA Headquarters Library, Room Number 3334 in
the EPA West Building, located at 1301 Constitution Ave., NW.,
Washington, DC. The hours of operation are 8:30 a.m. to 4:30 p.m. EST,
Monday through Friday, excluding Federal holidays. Please call (202)
566-1744 or e-mail the ORD Docket at<EMAIL_ADDRESS>for
instructions. Updates to Public Reading Room access are available on
the Web site (http://www.epa.gov/epahome/dockets.htm). EPA's position
paper(s), charge/questions to the HSRB, and the meeting agenda are
anticipated to be available by late May 2008, if not earlier. In
addition, the Agency may provide additional background documents as the
materials become available. You may obtain electronic copies of these
documents, and certain other related documents that might be available
electronically, from the regulations.gov Web site and the HSRB Web site
at http://www.epa.gov/osa/hsrb/. For questions on document availability
or if you do not have access

to the Internet, consult the person listed under FOR FURTHER
INFORMATION.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    a. Explain your views as clearly as possible.
    b. Describe any assumptions that you used.
    c. Provide copies of any technical information and/or data you used
that support your views.
    d. Provide specific examples to illustrate your concerns and
suggest alternatives.
    e. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

D. How May I Participate in This Meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2008-0355 in the subject line
on the first page of your request.
    a. Oral comments. Requests to present oral comments will be
accepted up to June 17, 2008. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via e-mail) to the
person listed under FOR FURTHER INFORMATION CONTACT no later than noon,
Eastern Time, June 17, 2008 in order to be included on the meeting
agenda and to provide sufficient time for the HSRB Chair and HSRB
Designated Federal Officer (DFO) to review the agenda to provide an
appropriate public comment period. The request should identify the name
of the individual making the presentation, the organization (if any)
the individual will represent, and any requirements for audiovisual
equipment (e.g., overhead projector, LCD projector, chalkboard). Oral
comments before the HSRB are limited to five minutes per individual or
organization. Please note that this limit applies to the cumulative
time used by all individuals appearing either as part of, or on behalf
of an organization. While it is our intent to hear a full range of oral
comments on the science and ethics issues under discussion, it is not
our intent to permit organizations to expand these time limitations by
having multiple individuals sign up separately to speak on their
behalf. Each speaker should bring 25 copies of his or her comments and
presentation slides for distribution to the HSRB at the meeting. At the
discretion of the Board Chair and DFO, public commenters, if present
during the Board's discussion, may be asked to provide clarification of
their comments to assist the Board in their discussion.
    b. Written comments. Although you may submit written comments at
any time, for the HSRB to have the best opportunity to review and
consider your comments as it deliberates on its report, you should
submit your comments at least five business days prior to the beginning
of the meeting. If you submit comments after this date, those comments
will be provided to the Board members, but you should recognize that
the Board members may not have adequate time to consider those comments
prior to making a decision. Thus, if you plan to submit written
comments, the Agency strongly encourages you to submit such comments no
later than noon, Eastern Time, June 17, 2008. You should submit your
comments using the instructions in Unit I.C. of this notice. In
addition, the Agency also requests that person(s) submitting comments
directly to the docket also provide a copy of their comments to the
person listed under FOR FURTHER INFORMATION CONTACT. There is no limit
on the length of written comments for consideration by the HSRB.

 E. Background

1. Human Studies Review Board
    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act (FACA) 5 U.S.C. App.2 Sec.  9.
The HSRB provides advice, information, and recommendations to EPA on
issues related to scientific and ethical aspects of human subjects
research. The major objectives of the HSRB are to provide advice and
recommendations on: (a) Research proposals and protocols; (b) reports
of completed research with human subjects; and (c) how to strengthen
EPA's programs for protection of human subjects of research. The HSRB
reports to the EPA Administrator through EPA's Science Advisor.
2. Topics for Discussion
    For this meeting of the HSRB, the Board will present for HSRB
review scientific and ethical issues surrounding:
     The Governing Document, the compilation of Standard
Operating Procedures, the scenario design document, and two associated
protocols from the Agricultural Handlers Exposure Task Force (AHETF),
which collectively describe research to monitor exposure of subjects
who apply an agricultural pesticide using airblast equipment in closed
cabs.
     A report from a completed laboratory study to evaluate the
efficacy in repelling mosquitoes of the genus Culex of two registered
products containing picaridin.
    The Board may also be reviewing its draft April 9-10, 2008 meeting
report for subsequent Board approval. In addition, the HSRB may also
discuss planning for future HSRB meetings.
3. Meeting Minutes and Reports
    Minutes of the meeting, summarizing the matters discussed and
recommendations, if any, made by the advisory committee regarding such
matters will be released within 90 calendar days of the meeting. Such
minutes will be available at http://www.epa.gov/osa/hsrb/ and http://
www.regulations.gov. In addition, information concerning a Board
meeting report, if applicable, can be found at http://www.epa.gov/osa/
hsrb/ or from the person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 23, 2008.
George Gray,
EPA Science Advisor.
 [FR Doc. E8-12144 Filed 5-29-08; 8:45 am]

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