[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Proposed Rules]
[Pages 5715-5716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2385]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 320
[EPA-HQ-SFUND-2009-0834; FRL-9109-5]
RIN 2050-AG56
Identification of Additional Classes of Facilities for
Development of Financial Responsibility Requirements Under CERCLA
Section 108(b)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking (ANPRM); extension of
comment period and correction of docket identification number.
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SUMMARY: EPA is extending, until April 6, 2010, the comment period for
the Advance Notice of Proposed Rulemaking (ANPRM) published in the
Federal Register on January 6, 2010. In the ANPRM, the Agency
identified the classes of facilities within three industries--the
Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal
Products Manufacturing industry (NAICS 324), and the Electric Power
Generation, Transmission, and Distribution industry (NAICS 2211)--as
those for which the Agency plans to develop, as necessary, proposed
regulations identifying appropriate financial responsibility
requirements under section 108(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). In addition, the
Agency identified the Waste Management and Remediation Services
industry (NAICS 562), the Wood Product Manufacturing industry (NAICS
321), the Fabricated Metal Product Manufacturing industry (NAICS 332),
the Electronics and Electrical Equipment Manufacturing industry (NAICS
334 and 335), as well as facilities engaged in the recycling of
materials containing CERCLA hazardous substances as requiring further
study before EPA decides whether to begin the regulatory development
process. EPA also wants to clarify the proper Docket Identification
Number for the January 2010 ANPRM.
DATES: Submit comments on or before April 6, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2009-0834, by one of the following methods:
Electronic docket at: http://www.regulations.gov: Follow
the on-line instructions for submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to [email protected], Attention Docket ID No. EPA-HQ-SFUND-2009-
0834. In contrast to EPA's electronic public docket, EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly to the Docket without going through EPA's electronic
public docket, EPA's e-mail system automatically captures your e-mail
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the
official public docket, and made available in EPA's electronic public
docket.
[[Page 5716]]
Fax: Comments may be faxed to 202-566-0272; Attention
Docket ID No. EPA-HQ-SFUND-2009-0834.
Mail: Send your comments to the Identification of
Additional Classes of Facilities for Development of Financial
Responsibility Requirements under CERCLA Section 108(b) Docket,
Attention Docket ID No., EPA-HQ-SFUND-2009-0834, Environmental
Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: Deliver two copies of your comments to the
Identification of Additional Classes of Facilities for Development of
Financial Responsibility Requirements under CERCLA Section 108(b)
Docket, Attention Docket ID No., EPA-HQ-SFUND-2009-0834, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
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-
2009-0834. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the 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 the Identification of
Additional Classes of Facilities for Development of Financial
Responsibility Requirements under CERCLA Section 108(b) Docket, Docket
ID No. EPA-HQ-SFUND-2009-0834, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. This Docket Facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is (202) 566-0276. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744.
FOR FURTHER INFORMATION CONTACT: For more information on this notice,
contact Ben Lesser, U.S. Environmental Protection Agency, Office of
Resource Conservation and Recovery, Mail Code 5302P, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone (703) 308-0314; or (e-mail)
[email protected]; or Barbara Foster, U.S. Environmental Protection
Agency, Office of Resource Conservation and Recovery, Mail Code 5303P,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (703) 308-
7057; or (e-mail) [email protected].
SUPPLEMENTARY INFORMATION: On January 6, 2010, the Agency published in
the Federal Register (75 FR 816) an Advance Notice of Proposed
Rulemaking (ANPRM) that identified the classes of facilities within
three industries--the Chemical Manufacturing industry (NAICS 325), the
Petroleum and Coal Products Manufacturing industry (NAICS 324), and the
Electric Power Generation, Transmission, and Distribution industry
(NAICS 2211)--as those for which the Agency plans to develop, as
necessary, proposed regulations identifying appropriate financial
responsibility requirements under section 108(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). In
addition, the Agency identified the Waste Management and Remediation
Services industry (NAICS 562), the Wood Product Manufacturing industry
(NAICS 321), the Fabricated Metal Product Manufacturing industry (NAICS
332), the Electronics and Electrical Equipment Manufacturing industry
(NAICS 334 and 335), as well as facilities engaged in the recycling of
materials containing CERCLA hazardous substances as requiring further
study before EPA decides whether to begin the regulatory development
process.
Following publication of the ANPRM, several members of the public
requested that the Agency extend the comment period. The Agency
received extension requests for 30 days, 45 days, and 60 days. In
response to these requests, the Agency is extending the comment period
for 60 days, until April 6, 2010. Members of the public also will be
able to provide additional comments to EPA after it publishes any
proposed rules.
In addition, the Agency wants to clarify the proper Docket
Identification Number (Docket ID No.) associated with the January 2010
ANPRM. The heading of the ANPRM included an incorrect Docket
Identification Number. Subsequent references to the docket, within the
text of the ANPRM, were correct; the correct Docket ID No. (EPA-HQ-
SFUND-2009-0834) is included in this extension notice of the comment
period.
Dated: January 29, 2010.
Matthew Hale,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2010-2385 Filed 2-3-10; 8:45 am]
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