64974 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp at (913) 551–7214, or by 

e-mail at kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this is a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comments on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

Dated: September 22, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2010–24920 Filed 10–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 257, 261, 264, 265, 268, 

271, and 302 

[EPA–HQ–RCRA–2009–0640; FRL–9216–3] 

RIN 2050–AE81 

Notice of Data Availability on Coal 

Combustion Residual Surface 

Impoundments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability. 

SUMMARY: This document announces the 

availability of new information and data 

posted in the docket for EPA’s proposed 

rulemaking (75 FR 51434, August 20, 

2010) on the Disposal of Coal 

Combustion Residuals from Electric 

Utilities. The Agency is seeking public 

comment on how, if at all, this 

additional information should affect the 

Agency’s decisions as it develops a final 

rule. The information has been posted 

on EPA’s Web site, and is now currently 

available in the docket; it consists of 

responses to Information Collection 

Requests that EPA sent to electric 

utilities on their coal combustion 

residual surface impoundments as well 

as reports and materials related to the 

site assessments EPA has conducted on 

a subset of these impoundments. 

DATES: Submit comments on or before 

November 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2009–0640, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to rcradocket@epa.gov, Attention Docket ID 

No. EPA–HQ–RCRA–2009–0640. 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 email 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. 

• Fax: Comments may be faxed to 

202–566–9744; Attention Docket ID No. 

EPA–HQ–RCRA–2009–0640. 

• Mail: Send your comments to the 

Hazardous and Solid Waste 

Management System; Identification and 

Listing of Special Wastes; Disposal of 

Coal Combustion Residuals From 

Electric Utilities Docket, Attention 

Docket ID No., EPA–HQ–RCRA–2009– 

0640, Environmental Protection Agency, 

Mailcode: 28221T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: Deliver two copies 

of your comments to the Hazardous and 

Solid Waste Management System; 

Identification and Listing of Special 

Wastes; Disposal of Coal Combustion 

Residuals From Electric Utilities Docket, 

Attention Docket ID No., EPA–HQ– 

RCRA–2009–0640, 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–RCRA–2009– 

0640. 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. 

For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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 Hazardous and Solid Waste 

Management System; Identification and 

Listing of Special Wastes; Disposal of 

Coal Combustion Residuals From 

Electric Utilities Docket, 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) 566–0270. 


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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules 64975 

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: Jim 

Kohler, Office of Resource Conservation 

and Recovery (5304P), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, telephone 

(703) 347–8953, e-mail address 

kohler.james@epa.gov. For more 

information on this rulemaking, please 

visit http://www.epa.gov/coalashrule. 

SUPPLEMENTARY INFORMATION: 

I. What should I consider as I prepare 

my comments for EPA? 

1. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

2. Docket Copying Costs. The first 

100-copied pages are free. Thereafter, 

the charge for making copies of Docket 

materials is 15 cents per page. 

II. How should I submit CBI to the 

agency? 

Do not submit information that you 

consider to be CBI electronically 

through http://www.regulations.gov or 

by e-mail. Send or deliver information 

identified as CBI only to the following 

address: RCRA CBI Document Control 

Officer, Office of Resource Conservation 

and Recovery (5305P), U.S. EPA, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–RCRA–2009– 

0640. You may claim information that 

you submit to EPA as CBI by marking 

any part or all of that information as CBI 

(if you submit CBI on a disk or CD ROM, 

mark the outside of the disk or CD ROM 

as CBI and then identify electronically 

within the disk or CD ROM the specific 

information that is CBI). Information so 

marked will not be disclosed, except in 

accordance with procedures set forth in 

40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on a disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please contact: LaShan Haynes, Office of 

Resource Conservation and Recovery 

(5305P), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460–0002, 

telephone (703) 605–0516, e-mail 

address haynes.lashan@epa.gov. 

III. Coal Combustion Residual Surface 

Impoundment Information 

A. Background on Information 

Collection Request Responses 

After the failure of the coal 

combustion residual (CCR) surface 

impoundment at the Tennessee Valley 

Authority’s Kingston facility in 

December 2008, EPA undertook an 

effort to assess the structural integrity of 

the other CCR surface impoundments. 

This effort had three components: (1) 

An Information Collection Request 

(ICR#2020–0003) that was sent to 

facilities known to have surface 

impoundments or similar management 

units asking for specific information on 

the structural stability of those units; (2) 

on-site assessments of the structural 

integrity of these units; and (3) reports 

and recommendations for actions at the 

facility. EPA is still in the process of 

completing these assessments; however, 

EPA is placing the data that are 

currently available in the docket for the 

rulemaking, and is soliciting public 

comment on these data in connection 

with this rulemaking. 

EPA sent Information Collection 

Requests in March, April and December 

of 2009 to electric utilities that have 

surface impoundments or similar 

management units that contain CCRs. 

All of the responses covering 228 

facilities and 629 surface 

impoundments and similar management 

units are currently posted in the docket. 

(Note: These responses have been 

posted on EPA’s Web site since they 

have been received by the Agency. 

Thus, these responses have already been 

publicly available.) The 228 facilities 

that responded to EPA’s information 

collection request have 629 surface 

impoundments and similar management 

units; 200 units (32 percent) have been 

given a hazard potential rating using the 

U.S. Army Corps of Engineers National 

Inventory of Dams criteria. Of the 200 

units that have been rated, 50 units (25 

percent) are rated as having a High 

Hazard Potential; 71 units (36 percent) 

are rated as having a Significant Hazard 

Potential; 71 units (36 percent) are rated 

as having a Low Hazard Potential; and 

8 units (4 percent) are rated as having 

a Less than Low Hazard Potential. 429 

units (68 percent) have not received a 

hazard potential rating. The hazard 

potential ratings do not assess the 

stability of these units; rather, the 

ratings assess the potential for loss of 

life or environmental and economic 

damage. Units rated as having a High 

Potential Hazard are those where failure 

will probably cause loss of life. 

Of the 629 surface impoundments and 

similar units covered in these responses, 

443 (70 percent) were designed by a 

professional engineer. The units show 

considerable variation in height, with 80 

units (13 percent) being reported as 

greater than 50 feet in height; 133 units 

(21 percent) being reported as greater 

than 25 feet, but less than 51 feet in 

height; 268 units (43 percent) being 

reported as greater than 6 feet, but less 

than 26 feet in height; 39 units (6 

percent) being reported as greater than 

0 feet, but less than 7 feet in height; and 

105 units (17 percent) being reported as 

having no height. 

A majority of the information 

contained in the company responses has 

been inserted into a database. All the 

fields and entries in this database have 

been extracted and posted in the docket 

as PDF and Microsoft Excel 

spreadsheets which enable users to 

easily search for aggregate or facilityspecific information. 

B. Background on CCR Impoundment 

Assessment Information 

As part of EPA’s ongoing national 

effort to assess the management of CCRs, 

EPA has assessed the structural integrity 

of many impoundments and similar 

management units containing CCRs at 

electric utilities. This effort is still 

ongoing; however, EPA is making 

available for comment those 53 

assessment reports that have been 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
64976 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules 

finalized. Most of the impoundments 

that have been assessed have a ‘‘high’’ or 

‘‘significant’’ hazard potential rating. As 

mentioned above, the hazard potential 

rating is not related to the stability of 

these impoundments, but to the 

potential for harm should the 

impoundment fail. For example, a 

‘‘significant’’ hazard potential rating 

means impoundment failure can cause 

economic loss, environmental damage, 

or damage to infrastructure. 

The assessment reports being placed 

into the docket have been completed by 

contractors who are experts in the area 

of dam integrity, reflect the best 

professional judgment of the 

engineering firm, and are signed and 

stamped by a professional engineer who 

is licensed in the state in which the 

impoundment is located. The reports 

are based on a visual assessment of the 

site, interviews with site personnel, and 

the review of geotechnical reports and 

studies related to the design, 

construction and operation of these 

impoundments, if available. The 

engineering firms also reviewed past 

state/federal inspections of the 

impoundments. EPA’s contractors were 

not authorized to conduct any physical 

drilling, coring or sampling while on 

site; however, they did review studies 

which may have included such 

information. Also, the contractors were 

asked to rate the impoundments as 

‘‘satisfactory,’’ ‘‘fair,’’ ‘‘poor,’’ or 

‘‘unsatisfactory,’’ terms commonly used 

in the field of dam safety. Only 

impoundments rated as ‘‘unsatisfactory’’ 

pose immediate safety threats. None of 

the impoundments assessed so far have 

received an ‘‘unsatisfactory’’ rating. 

Impoundment ratings noted in the 

reports should be taken in the proper 

context, since a unit may be found to be 

structurally sound, while it may receive 

a ‘‘fair’’ or ‘‘poor’’ rating based on other 

factors such as lack of information. 

These condition ratings are different 

than the hazard potential ratings 

described above because they are related 

to the stability of the individual 

impoundment as assessed through a 

field inspection and available 

information on the impoundment. 

Draft copies of these reports have 

been reviewed by the facilities and the 

states for factual accuracy and their 

comments on the draft reports have also 

been placed in the docket and posted to 

EPA’s Web site. EPA continues to 

review the reports and the technical 

recommendations, and is working with 

the facilities to ensure that the 

recommendations are implemented. 

EPA has provided a copy of the final 

report to each facility and has requested 

that the facility implement the 

recommendations in the reports and 

develop plans for taking action. The 

action plans that have been completed 

also have been placed in the docket 

along with the draft assessment reports, 

comments on the draft reports, and the 

final assessment reports. (Note: These 

reports and action plans have been 

posted on EPA’s Web site since they 

have been received by the Agency. 

Thus, these reports and action plans 

have already been publicly available.) 

Additional action plans will be posted 

to EPA’s Web site as they become 

available (but in the absence of further 

EPA action, will not be considered part 

of the rulemaking record). Should 

facilities fail to take sufficient measures, 

EPA will take additional action, if the 

circumstances warrant, and will be 

devoting special attention to those 

facilities receiving a ‘‘poor’’ or 

‘‘unsatisfactory’’ rating. 

Some companies have claimed that 

certain information they have provided 

to EPA related to their coal ash 

impoundments is CBI. While EPA 

reviews these claims, the information 

that is claimed as CBI is redacted 

(removed) from the coal ash reports. If 

these claims are accepted by EPA, the 

information will remain redacted. If 

EPA denies these claims, the 

information will be made publicly 

available and posted to EPA’s Web site. 

C. Conclusion 

The Agency solicits comments on this 

information, including the extent to 

which both the CCR surface 

impoundment information collection 

request responses and assessment 

materials on the structural integrity of 

these impoundments should be factored 

into EPA’s final rule on the Disposal of 

Coal Combustion Residuals from 

Electric Utilities. 

Dated: October 13, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2010–26657 Filed 10–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2010–0634, EPA–HQ– 

SFUND–2010–0636, EPA–HQ–SFUND–2010– 

0638, EPA–HQ–SFUND–2010–0639, EPA– 

HQ–SFUND–2010–0640, EPA–HQ–SFUND– 

2010–0641, EPA–HQ–SFUND–2010–0643, 

EPA–HQ–SFUND–2010–0645, EPA–HQ– 

SFUND–2010–0646, EPA–HQ–SFUND–2010– 

0647; FRL–9216–1] 

RIN 2050–AD75 

National Priorities List, Proposed Rule 

No. 53 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule proposes to 

add nine sites to the General Superfund 

section of the NPL. This rule also 

withdraws one site from proposal to the 

General Superfund section of the NPL. 

DATES: Comments regarding any of these 

proposed listings must be submitted 

(postmarked) on or before December 20, 

2010. 

ADDRESSES: Identify the appropriate 

Docket Number from the table below. 

DOCKET IDENTIFICATION NUMBERS BY SITE: 

Site name City/County, State Docket ID No. 

GBF, Inc., Dump ................................................................. Antioch, CA ..................................................... EPA–HQ–SFUND–2010–0647 

Armstrong World Industries ................................................ Macon, GA ...................................................... EPA–HQ–SFUND–2010–0640 

Dwyer Property Ground Water Plume ................................ Elkton, MD ....................................................... EPA–HQ–SFUND–2010–0639 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1