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

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


### 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.