Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules 54821 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. It will not 

have substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Thus, Executive Order 13175 does not 

apply to this rule. 

EPA specifically solicits additional 

comment on this proposed rule from 

tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

approves a state rule implementing a 

Federal standard. 

H. Executive Order 12898, Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898, ‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’ (February 16, 

1994) establishes federal executive 

policy on environmental justice. Its 

main provision directs federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. The 

Executive Order has informed the 

development and implementation of 

EPA’s environmental justice program 

and policies. Consistent with the 

Executive Order and the associated 

Presidential Memorandum, the 

Agency’s environmental justice policies 

promote environmental protection by 

focusing attention and Agency efforts on 

addressing the types of environmental 

harms and risks that are prevalent 

among minority, low-income and Tribal 

populations. 

This action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or Tribal 

populations because the partial 

approval/partial disapproval and 

limited approval/limited disapproval 

actions proposed increase the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

I. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

J. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: September 3, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2010–22616 Filed 9–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9198–7] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List; Intent for Partial 

Deletion of the Denver Radium 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is issuing a 

Notice of Intent to Delete each of the 11 

operable units, with the exception of 

groundwater contamination associated 

with Operable Unit 8, of the Denver 

Radium Superfund Site (Site), located in 

the City and County of Denver, 

Colorado, from the National Priorities 

List (NPL) and requests public 

comments on this proposed action. 

Groundwater associated with Operable 

Unit 8 will remain on the NPL. The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

Appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Colorado, through the 

Colorado Department of Public Health 

and Environment, have determined that 

all appropriate response actions at these 

identified parcels under CERCLA, other 

than operations and maintenance and 

five-year reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

This partial deletion pertains to each 

of the 11 operable units of the Denver 

Radium Superfund Site. Groundwater 

contamination associated with Operable 

Unit 8 will remain on the NPL and is 

not being considered for deletion at this 

time. 

DATES: Comments must be received by 

October 12, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: dalton.john@epa.gov. 

• Fax: 303–312–7110 (Attention: John 

Dalton, Public Affairs and Involvement). 

• Mail: John Dalton, Public Affairs 

and Involvement (8OCPI), U.S. EPA 

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54822 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6633. 

• Hand delivery: Environmental 

Protection Agency, 1595 Wynkoop 

Street, Denver, Colorado. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1983– 

0002. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency 

Region 8 Records Center, 1595 

Wynkoop Street, Denver, CO 80202, 

Hours: M–F, 8 a.m. to 4 p.m., Colorado 

Department of Public Health and the 

Environment, 4300 Cherry Creek Drive 

South, Denver, CO 80246, Hours: M–F, 

8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Thomas, Project Manager 

(8EPR–SR), U.S. EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6552, 

thomas.rebecca@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Partial Deletion for each of the 11 

operable units, with the exception of 

groundwater contamination associated 

with Operable Unit 8, of the Denver 

Radium Superfund Site without prior 

Notice of Intent for Partial Deletion 

because EPA views this as a 

noncontroversial revision and 

anticipates no adverse comment. We 

have explained our reasons for this 

partial deletion in the preamble to the 

direct final Notice of Partial Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this partial deletion 

action, we will not take further action 

on this Notice of Intent for Partial 

Deletion. If we receive adverse 

comment(s), we will withdraw the 

direct final Notice of Partial Deletion, 

and it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Partial Deletion based on this Notice 

of Intent for Partial Deletion. We will 

not institute a second comment period 

on this Notice of Intent for Partial 

Deletion. Any parties interested in 

commenting must do so at this time. 

For additional information, see the 

direct final Notice of Partial Deletion 

which is located in the Rules section of 

this Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: August 31, 2010. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2010–22488 Filed 9–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2009–0041] 

[MO 92210–0–008] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Jemez Mountains 

Salamander (Plethodon 

neomexicanus) as Endangered or 

Threatened With Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12–month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

12–month finding on a petition to list 

the Jemez Mountains salamander 

(Plethodon neomexicanus) as an 

endangered or threatened species and to 

designate critical habitat under the 

Endangered Species Act of 1973, as 

amended (Act). After review of all 

available scientific and commercial 

information, we find that listing the 

Jemez Mountains salamander as 

endangered or threatened throughout its 

range is warranted. Currently, however, 

listing the Jemez Mountains salamander 

is precluded by higher priority actions 

to amend the Lists of Endangered and 

Threatened Wildlife and Plants. Upon 

publication of this 12–month petition 

finding, we will add the Jemez 

Mountains salamander to our candidate 

species list. We will develop a proposed 

rule to list the Jemez Mountains 

salamander as our priorities allow. We 

will make any determination on critical 

habitat during development of the 

proposed rule. In the interim period, we 

will address the status of the candidate 

taxon through our annual Candidate 

Notice of Review (CNOR). 

DATES: The finding announced in this 

document was made on September 9, 

2010. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov at Docket Number 

FWS-R2-ES-2009-0041. Supporting 

documentation we used in preparing 

this finding is available for public 

inspection, by appointment, during 

normal business hours by contacting the 

U.S. Fish and Wildlife Service, New 

Mexico Ecological Services Office, 2105 

Osuna NE, Albuquerque, NM 87113. 

Please submit any new information, 

materials, comments, or questions 

concerning this finding to the above 

address. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS