Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Proposed Rules 63139 

requester has a commercial interest that 

would be furthered by the requested 

disclosure. The FOIA Officer shall 

consider any commercial interest of the 

requester (with reference to the 

definition of ‘‘commercial use’’ in 

paragraph (b)(2) of this section), or of 

any person on whose behalf the 

requester may be acting, that would be 

furthered by the requested disclosure. 

Requesters shall be given an 

opportunity in the administrative 

process to provide explanatory 

information regarding this 

consideration. 

(ii) The primary interest in disclosure: 

Whether any identified commercial 

interest of the requester is sufficiently 

large, in comparison with the public 

interest in disclosure, that disclosure is 

‘‘primarily in the commercial interest of 

the requester.’’ A fee waiver or reduction 

is justified where the public interest 

standard is satisfied and that public 

interest is greater in magnitude than that 

of any identified commercial interest in 

disclosure. The FOIA Officer ordinarily 

shall presume that where a news media 

requester has satisfied the public 

interest standard, the public interest 

will be the interest primarily served by 

disclosure to that requester. Disclosure 

to data brokers or others who merely 

compile and market government 

information for direct economic return 

will not be presumed to primarily serve 

the public interest. 

(5) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a fee waiver will be 

granted only for those records which so 

qualify. 

(6) Requests for the waiver or 

reduction of fees should address the 

factors listed in paragraph (n)(3) and (4) 

of this section, insofar as they apply to 

each request. FOIA Officers will 

exercise their discretion to consider the 

cost-effectiveness of their investment of 

administrative resources in this 

decision-making process, however, in 

deciding to grant waivers or reductions 

of fees. 

(7) An appeal from an adverse fee 

determination will be processed in 

accordance with § 1.559. 

(8) When considering a request for fee 

waiver, VA may require proof of 

identity. 

§ 1.562 Other rights and services. 

Nothing in this part shall be 

construed to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under the FOIA. 

(Authority: Sections 1.550 to 1.562 issued 

under 72 Stat. 1114; 38 U.S.C. 501) 

PART 2—DELEGATIONS OF 

AUTHORITY 

11. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 

501, 512, 515, 1729, 1729A, 5711; 44 U.S.C. 

3702, and as noted in specific sections 

noted.) 

12. Revise paragraph (e)(10) of § 2.6 to 

read as follows: 

§ 2.6 Secretary’s delegations of authority 

to certain officials (38 U.S.C. 512). 

* * * * * 

(e) * * * 

(10) The General Counsel, Deputy 

General Counsel, and the Assistant 

General Counsel for Professional Staff 

Group IV are authorized to make final 

Departmental decisions on appeals 

under the Freedom of Information Act, 

the Privacy Act, and 38 U.S.C. 5701, 

5705 and 7332. 

Authority: 38 U.S.C. 512 

* * * * * 

[FR Doc. 2010–25362 Filed 10–13–10; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0715; FRL–9214–3] 

Approval and Promulgation of 

Implementation Plans—Maricopa 

County (Phoenix) PM–10 

Nonattainment Area; Serious Area Plan 

for Attainment of the 24-Hour PM–10 

Standard; Clean Air Act Section 189(d) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On September 9, 2010 (75 FR 

54806), EPA published a proposed rule 

proposing to approve in part and 

disapprove in part State implementation 

plan (SIP) revisions submitted by the 

State of Arizona to meet, among other 

requirements, section 189(d) of the 

Clean Air Act (CAA) for the serious 

Maricopa County (Phoenix) 

nonattainment area (Maricopa area). 

Specifically, EPA proposed to 

disapprove provisions of the 189(d) plan 

because they do not meet applicable 

CAA requirements for emissions 

inventories as well as for attainment, 

five percent annual emission 

reductions, reasonable further progress 

and milestones, and contingency 

measures. EPA also proposed to 

disapprove the 2010 motor vehicle 

emission budget in the 189(d) plan as 

not meeting the requirements of CAA 

section 176(c) and 40 CFR 93.118(e)(4). 

EPA also proposed a limited approval 

and limited disapproval of State 

regulations for the control of PM–10 

from agricultural sources. Finally, EPA 

proposed to approve various provisions 

of State statutes relating to the control 

of PM–10 emissions in the Maricopa 

area. 

EPA is extending the comment period 

on the proposed rule from October 12, 

2010 to October 20, 2010. 

DATES: Any comments must arrive by 

October 20, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0715, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: nudd.gregory@epa.gov. 

3. Mail or deliver: Gregory Nudd (Air2), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
63140 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

Gregory Nudd, U.S. EPA Region 9, 415– 

947–4107, nudd.gregory@epa.gov or 

http://www.epa.gov/region09/air/ 

actions. 

SUPPLEMENTARY INFORMATION: On 

September 9, 2010 (75 FR 54806), EPA 

published a proposed rule proposing to 

approve in part and disapprove in part 

State implementation plan (SIP) 

revisions submitted by the State of 

Arizona to meet the Clean Air Act 

(CAA) requirements applicable to the 

serious Maricopa County (Phoenix) 

nonattainment area (Maricopa area). 

These requirements apply to the 

Maricopa area following EPA’s June 6, 

2007 finding that the area failed to meet 

its December 31, 2006 serious area 

deadline to attain the national ambient 

air quality standards (NAAQS) for 

particulate matter of ten microns or less 

(PM–10). Under CAA section 189(d), 

Arizona was required to submit a plan 

by December 31, 2007 providing for 

expeditious attainment of the PM–10 

NAAQS and for an annual emission 

reduction in PM–10 or PM–10 

precursors of not less than five percent 

per year until attainment (189(d) plan). 

In the Agency’s September 9, 2010 

proposed rule, EPA proposed to 

disapprove provisions of the 189(d) plan 

for the Maricopa area because they do 

not meet applicable CAA requirements 

for emissions inventories as well as for 

attainment, five percent annual 

emission reductions, reasonable further 

progress and milestones, and 

contingency measures, and to 

disapprove the 2010 motor vehicle 

emission budget in the 189(d) plan as 

not meeting the requirements of CAA 

section 176(c) and 40 CFR 93.118(e)(4). 

EPA also proposed a limited approval 

and limited disapproval of State 

regulations for the control of PM–10 

from agricultural sources. Finally, EPA 

proposed to approve various provisions 

of State statutes relating to the control 

of PM–10 emissions in the Maricopa 

area. 

The September 9, 2010 proposed rule 

provided a 30-day public comment 

period ending on October 12, 2010. In 

response to a request for an extension of 

the comment period from Benjamin H. 

Grumbles, Director, Arizona Department 

of Environmental Quality, and Dennis 

Smith, Executive Director, Maricopa 

Association of Governments, submitted 

by letter dated October 4, 2010, EPA is 

extending the comment period to 

October 20, 2010. 

Dated: October 7, 2010. 

Jared Blumenfeld, 

Regional Administrator, EPA Region IX. 

[FR Doc. 2010–26019 Filed 10–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9213–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Denver Radium 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule, extension of 

public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 issued a Notice 

of Intent to Delete portions of the 

Denver Radium Superfund Site from the 

National Priorities List (NPL) on 

September 9, 2010 (75 FR 54779). The 

portions proposed for deletion are each 

of the 11 operable units at the Denver 

Radium Site, located in the City and 

County of Denver, Colorado. 

Groundwater contamination associated 

with Operable Unit 8 will remain on the 

NPL. To ensure that everyone has an 

opportunity to comment, EPA is 

extending the public comment period 

through November 1, 2010. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Colorado, through the 

Colorado Department of Public Health 

and Environment (CDPHE), have 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance and fiveyear reviews have been completed. 

This rationale for deleting the 11 

operable units of the Denver Radium 

Superfund Site has not changed. The 

Federal Register notice for the proposed 

deletion (75 FR 54779) discusses this 

rationale in detail. 

DATES: Comments concerning the 

proposed partial deletion may be 

submitted to EPA on or before 

November 5, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: dalton.john@epa.gov. 

• Fax: 303–312–7110. 

• Mail: Mr. John Dalton, Community 

Involvement Coordinator (8OC), U.S. 

EPA, Region 8, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. 

• Hand Delivery: 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

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: 

—EPA’s Region 8 Superfund Records 

Center, 1595 Wynkoop Street, Denver, 

Colorado 80202–2466. Hours: 8 a.m. 

to 4 p.m. by appointment (call 303– 

312–6473), Monday through Friday, 

excluding legal holidays; and the 

—Colorado Department of Public Health 

and Environment, 4300 Cherry Creek 

Drive South, Denver, CO 80246 

Hours: M–F, 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Dalton, Community Involvement 

Coordinator (8OC), U.S. Environmental 

Protection Agency, Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129; telephone number: 1–800– 

227–8917 or 303–312–6633; fax 

number: 303–312–7110; e-mail address: 

dalton.john.@epa.gov. 

Dated: October 7, 2010. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2010–25902 Filed 10–13–10; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS